The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
4. From these grounds it follows, that an injury can be done to no
man[6] but him with whom we enter covenant, or to whom somewhat is
made over by deed of gift, or to whom somewhat is promised by way of
bargain. And therefore damaging and injuring are often disjoined.
For if a master command his servant, who hath promised to obey him,
to pay a sum of money, or carry some present to a third man; the
servant, if he do it not, hath indeed damaged this third party, but
he injured his master only. So also in a civil government, if any
man offend another with whom he hath made no contract, he damages
him to whom the evil is done; but he injures none but him to whom
the power of government belongs. For if he who receives the hurt
should expostulate the mischief, he that did it should answer thus:
_what art thou to me; why should I rather do according to your than
mine own will, since I do not hinder but you may do your own, and
not my mind?_ In which speech, where there hath no manner of
pre-contract passed, I see not, I confess, what is reprehensible.
Footnote 6:
_Injury can be done to no man, &c._] The word _injustice_ relates
to some law: _injury_, to some person, as well as some law. For
what is unjust, is unjust to all; but there may an injury be done,
and yet not against me, nor thee, but some other; and sometimes
against no private person, but the magistrate only; sometimes also
neither against the magistrate, nor any private man, but only
against God. For through contract and conveyance of right, we say,
that an injury is done against this or that man. Hence it is,
which we see in all kind of government, that what private men
contract between themselves by word or writing, is released again
at the will of the obliger. But those mischiefs which are done
against the laws of the land, as theft, homicide, and the like,
are punished, not as he wills to whom the hurt is done, but
according to the will of the magistrate; that is, the constituted
laws.
[Sidenote: The distinction of justice into that of men and actions.]