The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)Hobbes, Thomas
Philosophy
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Hobbes, Thomas
Philosophy, English -- 17th century
_Contracts oblige us._] _To be obliged_, and _to be tied being
obliged_, seems to some men to be one and the same thing; and that
therefore here seems to be some distinction in words, but none
indeed. More clearly therefore, I say thus: that a man is obliged
by his contracts, that is, that he ought to perform for his
promise sake; but that the law ties him being obliged, that is to
say, it compels him to make good his promise for fear of the
punishment appointed by the law.
[Sidenote: How it differs from right.]
3. They confound _laws_ with _right_, who continue still to do
what is permitted by _divine right_, notwithstanding it be
forbidden by _the civil law_. That which is prohibited by the
_divine law_, cannot be permitted by the _civil_; neither can that
which is commanded by the _divine law_, be prohibited _by the
civil_. Notwithstanding, that which is permitted by the _divine
right_, that is to say, that which may be done by _divine right_,
doth no whit hinder why the same may not be forbidden by the
_civil laws_; for _inferior laws_ may restrain the liberty allowed
by the _superior_, although they cannot enlarge them. Now _natural
liberty_ is a right not constituted, but allowed by the laws. For
the _laws_ being removed, our _liberty_ is absolute. This is first
restrained by the _natural_ and _divine laws_; the residue is
bounded by the _civil law_; and what remains, may again be
restrained by the _constitutions_ of particular towns and
societies. There is great difference therefore between _law_ and
_right_. For law is _a fetter_, right is _freedom_; and they
differ like contraries.
[Sidenote: The division of laws into divine and human; and of the
divine into natural and positive; and of the natural into
those laws of single men, and those of nations.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account