The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
_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.]