The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)Hobbes, Thomas
Philosophy
The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Hobbes, Thomas
Philosophy, English -- 17th century
_P._ The definition is good, and yet it is Aristotle’s. What is the
definition agreed upon as a principle in the science of the common law?
_L._ The same with that of Aristotle.
_P._ See, you lawyers, how much you are beholden to the philosopher; and
it is but reason; for the more general and noble science and law of all
the world, is true philosophy, of which the common law of England is a
very little part.
_L._ It is so, if you mean by philosophy nothing but the study of
reason; as I think you do.
_P._ When you say that justice gives to every man his own, what mean you
by his own? How can that be given me, which is my own already? Or, if it
be not my own, how can justice make it mine?
_L._ Without law, every thing is in such sort every man’s, as he may
take, possess, and enjoy, without wrong to any man; every thing, lands,
beasts, fruits, and even the bodies of other men, if his reason tell him
he cannot otherwise live securely. For the dictates of reason are little
worth, if they tended not to the preservation and improvement of men’s
lives. Seeing then without human law all things would be common, and
this community a cause of encroachment, envy, slaughter, and continual
war of one upon another, the same law of reason dictates to mankind, for
their own preservation, a distribution of lands and goods, that each man
may know what is proper to him, so as none other might pretend a right
thereunto, or disturb him in the use of the same. This distribution is
justice, and this properly is the same which we say is one’s own; by
which you may see the great necessity there was of statute laws, for
preservation of all mankind. It is also a dictate of the law of reason,
that statute laws are a necessary means of the safety and well-being of
man in the present world, and are to be obeyed by all subjects, as the
law of reason ought to be obeyed, both by King and subjects, because it
is the law of God.
_P._ All this is very rational; but how can any laws secure one man from
another, when the greatest part of men are so unreasonable, and so
partial to themselves as they are, and the laws of themselves are but a
dead letter, which of itself is not able to compel a man to do otherwise
than himself pleaseth, nor punish or hurt him when he hath done a
mischief?
Public-domain text, read in full here on John Shaqi.
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