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Thomas HobbesA modern alternative to SparkNotes and CliffsNotes, SuperSummary offers high-quality Study Guides with detailed chapter summaries and analysis of major themes, characters, and more.
Unlike natural laws, civil laws represent the commands of the sovereign. They may consist of new commands issued by the sovereign or long-standing laws that the sovereign has not explicitly nullified. Hobbes points out that a true sovereign is not subject to civil law.
Any edict that isn’t a natural law, whether it comes from a sovereign or from God, is referred to as a positive law. Divine positive laws include the Ten Commandments and may also include a direct command from God to a prophet. Human positive laws are the civil laws detailed earlier in the chapter and may either be distributive—meaning that a right is granted to a subject—or punitive.
Finally, Hobbes distinguishes between fundamental laws and nonfundamental laws. A fundamental law is one that, if voided, will result in the dissolution of the commonwealth. One example is the law granting the sovereign’s right to maintain a standing military. A nonfundamental law is one that may be repealed without threatening the solvency of a commonwealth and generally concerns interactions between subjects.
First, Hobbes distinguishes between crime and sin. A crime is the committing of any act forbidden by the law. According to Hobbes, because crime represents a violation of the covenant between subject and sovereign, all crime is a sin. However, not all sins are crimes. For example, it is not a crime to covet a neighbor’s wife, but being a violation of the Ten Commandments, it is considered a sin. Moreover, Hobbes argues that crime is purely a function of a commonwealth and ceases to exist in the absence of sovereign power.
Next, Hobbes considers various reasons why people commit crimes and whether any of them are excusable. Ignorance of the law is almost never an excuse for breaking it, he writes. The only time ignorance is a valid excuse is when the criminal lacks the means to know the law, as is the case with small children or those with certain intellectual disabilities. Hobbes also excuses crimes undertaken for the necessary purpose of self-preservation, because failing to preserve one’s own life would be a violation of natural law. This includes violent crimes committed in self-defense or the theft of food to prevent starvation of oneself or one’s family.
Hobbes defines punishment as only that retribution which stems from public authority. He further identifies five different types of punishment: corporal, which includes whippings and executions; pecuniary, which involves the deprivation of money or anything else capable of being bought and sold; ignominy, in which a person is deprived of their noble title; imprisonment, whether in a jail or at home; and exile, or banishment from the commonwealth.
Though technically permitted by civil law, the punishing of an innocent by a sovereign is considered by Hobbes to be a violation of natural law. That’s because doing so consists of punishing the obedience on which the commonwealth’s covenant with the people stands.
Finally, Hobbes briefly addresses rewards that are given by public authority either by contract or through gifts. Wages and salaries are considered rewards by contract, while rewards offered freely are gifts.
According to Hobbes, one of the chief causes of a commonwealth’s demise arises when a sovereign is content with possessing less power than is needed to preserve peace, both from foreign invaders and from within, domestically. When its subjects are not sufficiently awed by the sovereign’s power, a commonwealth tends toward rebellion and civil war.
Hobbes goes on to detail various seditious doctrines that sovereigns would do well to suppress in the interest of preserving a commonwealth. One of these is the notion that humankind, rather than God or civil law, should be the judge of good and evil. Hobbes also reiterates his earlier point that the sovereign should not be subject to civil law, detailing why he takes this position. He writes, “Which error, because it setteth the laws above the sovereign, setteth also a judge above him, and a power to punish him; which is to make a new sovereign; a third to punish the second and so on” (213).
Hobbes likens other maladies that threaten the health of a commonwealth to specific bodily diseases. For example, the authority of the Catholic Church or some other so-called “ghostly authority” (215) over a sovereign state is likened to epilepsy, in that it causes the limbs of the body politic to jerk back and forth as it seeks to serve two masters. A taxation scheme insufficient to the cause of conducting an expensive war is likened to a cardiovascular disease in which a lack of blood reaches the heart.
Finally, Hobbes details the only terms on which subjects may justly break the covenant with their sovereign; that is, when the sovereign is no longer capable of protecting the subjects, leading them to rightly seek protection elsewhere.
Hobbes writes of the sovereign’s duty to instruct subjects on how best to preserve a commonwealth. In his telling, these instructions neatly correspond with the Ten Commandments.
Finally, Hobbes speaks of how a sovereign may best issue and uphold laws. By virtue of being upheld by the sovereign, no civil law can be said to be unjust because it stems from the covenant between ruler and ruled. That said, some laws are more effective than others. Hobbes writes that the best laws use the shortest amount of words because words contain ambiguity. Therefore, the more words a law uses, the more ambiguity it implies.
In addition to understanding civil law, Hobbes argues that a subject must understand God’s laws. Without this understanding, a subject will have no way of knowing when a civil law contradicts God’s law. According to Hobbes, God’s laws are dictated in three ways: through reason and observation of the natural world; through revelation, as when God spoke to Moses; and through miracles.
Hobbes goes on to list these divine laws as “equity, justice, mercy, humility, and the rest of the moral virtues” (237). Moreover, he adds that these laws are given to humankind not out of gratitude for its worship of God but by virtue of God’s infinite power.
From Hobbes’s two chief precepts—that humankind’s state of nature is barbarism and that the covenant between subject and sovereign is virtually inviolable—he draws a number of conclusions about the rule of law in a sovereign state. While many of these conclusions may beguile or offend modern sensibilities, most of them follow logically from those two original precepts.
For example, Hobbes concludes that as long as a sovereign holds up their end of the covenant in terms of offering a measure of protection from foreign invaders, there is virtually nothing this ruler can do that is unjust by civil law. This is based on Hobbes’s theory of authorship, which dictates that subjects, having consented to the sovereign’s rule, are the authors of all the sovereign’s actions and are therefore responsible for them. To illustrate the extent to which a sovereign is permitted to commit acts that, taken in a vacuum, are plainly unjust, Hobbes cites the example of King David and Uriah from the Old Testament. Covetous of Uriah’s wife Bathsheba, David sends Uriah to the frontlines of a battlefield and orders his comrades to abandon him, effectively murdering an innocent man.
By God’s commandments, this is clearly a sin of both covetousness and murder. The prophet Nathan castigates David, and David’s child with Bathsheba dies within seven days as punishment from God. Yet Hobbes points out that neither David nor any other sovereign who murders an innocent subject can be said to have committed an injustice. He writes:
And the same holdeth also in a sovereign prince that putteth to death an innocent subject. For though the action be against the law of nature, as being contrary to equity (as was the killing of Uriah by David); yet it was not an injury to Uriah, but to God (139).
By this logic, Uriah is the author of his own death for consenting to David’s rule.
Again, the logic by which a sovereign cannot be punished for breaking a civil law is sound, even if the results are often uncomfortable. After all, Hobbes contends that to put any earthly judge above the sovereign is to dilute and divide sovereignty and, by extension, violate the covenant. Yet this is complicated by Hobbes’s rather conflicted attitude toward the relationship between God and civil sovereignty. On one hand, Hobbes rejects the doctrine of the divine right of kings, stating that sovereignty is granted through a covenant with subjects rather than God. At the same time, he repeatedly leans on scripture to justify the obedience subjects should pay toward their monarch. Hobbes’s use of scriptural exegesis to support his arguments is much more extensive in the following section, yet even here he constructs an elaborate allegory that uses the Ten Commandments as a roadmap for practicing obedience toward one’s sovereign.
For example, he writes that subjects must be aware that absolute power is held by the sovereign and no other, which mirrors the first commandment that followers worship no other gods. Nor should subjects idolize their fellow citizens in a way that detracts from the glory of the sovereign, a rule mirroring the second commandment that followers not produce graven images or idols. Following from the third commandment against speaking the lord’s name in vain, subjects should never speak ill of the sovereign. As the fourth commandment instructs followers to keep the Sabbath holy, so too should subjects periodically read and meditate on the civil laws so that they might better obey them. Pertaining to the fifth commandment of honoring one’s mother and father, subjects should practice similar obedience toward their sovereign. Subjects should also be aware that they have no permanent right to anything the sovereign grants them, collectively or individually, including property, spouses, and the very lives of their neighbors. As such, this teaching corresponds with the sixth, seventh, eighth, and ninth commandments, which prohibit murder, adultery, theft, and bearing false witness. Finally, the 10th commandment, which prohibits the coveting of a neighbor’s possessions, is viewed by Hobbes as a general entreaty toward the charity and comity that is necessary for a commonwealth’s survival.
Depending on the reader, this may be a clever and even convincing extended metaphor proving that to be a good and obedient Christian is to be a good and obedient subject. Yet if Hobbes puts so much stock into the Ten Commandments, why does he find it just—under any law, civil or otherwise—for God-fearing subjects to tolerate a sovereign like David who so brazenly disobeys God’s commands? True, Hobbes grants that interpreting God’s command is a challenge for even the most learned subjects, a consequence he largely attributes to the doctrines of the Catholic Church—the flaws of which he will better detail in the following section. Yet there is little ambiguity in the Ten Commandments, at least compared to much of what’s found in scripture. Moreover, he cites among some of the most pernicious and dangerous doctrines of sedition the notion that humankind and not God is the judge of good and evil. But is not the sovereign human? Technically yes, but as shown through Hobbes’s leviathan analogy, he considers the office of the sovereign, if not the flesh-and-blood individual who holds it, to possess an inhuman amount of power.
If a reader finds fault or inconsistency in Hobbes’s scriptural justifications for absolute sovereign power, it may be useful to consider the social context of 17th-century England. For one, the average English citizen at this time was extraordinarily religious, and so while Hobbes stops short of endorsing the divine right of kings, it makes sense that he would aim to support his arguments using scripture. Moreover, despite only a handful of explicit references to the specific unrest of the 1640s, Hobbes has a clear political aim in writing Leviathan: to discourage the kind of rebellion against the sovereign monarchy that resulted in so much violence in his homeland. For that reason, the book may be viewed through at least two lenses: first as a work of philosophy and a contribution to academic thought, and second as a political pamphlet designed to change the hearts and minds of Hobbes’s fellow citizens.