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
the buyer, who sought and desired them of me; neither if I divide
more of what is mine to him who deserves less, so long as I give the
other what I have agreed for, do I wrong to either. Which truth our
Saviour himself, being God, testifies in the Gospel. This therefore
is no distinction of justice, but of equality. Yet perhaps it cannot
be denied but that justice is a certain equality, as consisting in
this only; that since we are all equal by nature, one should not
arrogate more right to himself than he grants to another, unless he
have fairly gotten it by compact. And let this suffice to be spoken
against this distinction of justice, although now almost generally
received by all; lest any man should conceive an injury to be
somewhat else than the breach of faith or contract, as hath been
defined above.
[Sidenote: No injury can be done to him that is willing.]
7. It is an old saying, _volenti non fit injuria_, the willing man
receives no injury; yet the truth of it may be derived from our
principles. For grant that a man be willing that that should be done
which he conceives to be an injury to him; why then, that is done by
his will, which by contract was not lawful to be done. But he being
willing that should be done which was not lawful by contract, the
contract itself (by the fifteenth article of the foregoing chapter)
becomes void. The right therefore of doing it returns; therefore it
is done by right; wherefore it is no injury.
[Sidenote: The third law of nature, of ingratitude.]
8. The third precept of the natural law is, _that you suffer not him
to be the worse for you, who, out of the confidence he had in you,
first did you a good turn; or that you accept not a gift, but with a
mind to endeavour that the giver shall have no just occasion to
repent him of his gift_. For without this, he should act without
reason, that would confer a benefit where he sees it would be lost;
and by this means all beneficence and trust, together with all kind
of benevolence, would be taken from among men, neither would there
be aught of mutual assistance among them, nor any commencement of
gaining grace and favour; by reason whereof the state of war would
necessarily remain, contrary to the fundamental law of nature. But
because the breach of this law is not a breach of trust or contract,
(for we suppose no contracts to have passed among them), therefore
is it not usually termed an injury; but because good turns and
thanks have a mutual eye to each other, it is called _ingratitude_.
[Sidenote: The fourth law of nature, that every man render himself
useful.]