History of Modern Philosophy: From Nicolas of Cusa to the Present TimeFalckenberg, Richard
Philosophy
History of Modern Philosophy: From Nicolas of Cusa to the Present Time
Falckenberg, Richard
Philosophy, Modern -- History
his fellows that worst of evils, death, and thus the strongest is unsafe,
reason, in the interest of everyone, enjoins a search after peace and the
establishment of an ordered community. The conditions of peace are the
"laws of nature," which relate both to politics and to morals but which do
not attain their full binding authority until they become positive laws,
injunctions of the sovereign power. Peace is attainable only when each man,
in return for the protection vouchsafed to him, gives up his natural right
to all. The compact by which each renounces his natural liberty to do what
he pleases, provided all others are ready for the same renunciation,--to
which are added, further, the laws of justice (sanctity of covenants),
equity, gratitude, modesty, sociability, mercifulness, etc., whose
opposites would bring back the state of nature,--this compact is secured
against violation by the transfer of the general power and freedom to a
single will (the will of an assembly or of an individual person), which
then represents the general will. The civil contract includes, then, two
moments: first, renunciation; second, irrevocable transference and
(absolute) submission. The second unites the multitude into a civil
personality, the most perfect unity being vouchsafed by absolute monarchy.
The sovereign is the soul of the political body; the officials, its limbs;
reward and punishment, its nerves; law and equity, its reason.
The social contract theory has often experienced democratic interpretation
and application, both before and since Hobbes's time; and, in fact, it does
not include _per se_ the irrevocability of the transfer, the absoluteness
of the sovereign power, and the monarchical head, which Hobbes considered
indispensable in order to guard against the danger of anarchy. In every
abridgment of the supreme power, whether by division or limitation, he sees
a step toward the renewal of the state of nature; and he defends with iron
rigor the omnipotence of the state and the complete lack of legal status on
the part of all individuals in contrast with it. The citizen is not to obey
his own conscience, which has simply the value of a private opinion,
but the laws, as the public conscience; while the supreme ruler, on the
contrary, is superior to the civil laws, for it is he that decrees,
interprets, alters, and abrogates them. He is lord over the property, the
life, and the death of the citizens, and can do no one wrong. For he
alone has retained his original natural right to all, which the rest have
entirely and forever renounced. He must have regard, indeed, to the welfare
of the people, but he is accountable to God alone. The obligation of the
subject to obey is extinguished in one case only,--when the civil power is
incapable of providing him further with external and internal protection.
For the rest, Hobbes declares the existing public order the lawful one, the
evils of arbitrary rule much more tolerable than the universal hostility of
Public-domain text, read in full here on John Shaqi.
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