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
[Sidenote: It is known by the civil laws what theft, murder,
adultery, and injury are.]
16. Theft, murder, adultery, and all injuries, are forbid by the
laws of nature; but what is to be called _theft_, what _murder_,
what _adultery_, what _injury_ in a citizen, this is not to be
determined by the natural, but by the civil law. For not every
taking away of the thing which another possesseth, but only another
man’s goods, is theft; but what is our’s, and what another’s, is a
question belonging to the civil law. In like manner, not every
killing of a man is murder, but only that which the civil law
forbids; neither is all encounter with women adultery, but only that
which the civil law prohibits. Lastly, all breach of promise is an
injury, where the promise itself is lawful; but where there is no
right to make any compact, there can be no conveyance of it, and
therefore there can no injury follow, as hath been said in the
second chapter, Article 17. Now what we may contract for, and what
not, depends wholly upon the civil laws. The city of Lacedæmon
therefore rightly ordered, that those young men who could so take
away certain goods from others as not to be caught, should go
unpunished; for it was nothing else but to make a law, that what was
so acquired should be their own, and not another’s. Rightly also is
that man everywhere slain, whom we kill in war or by the necessity
of self-defence. So also that copulation which in one city is
matrimony, in another will be judged adultery. Also those contracts
which make up marriage in one citizen, do not so in another,
although of the same city; because that he who is forbidden by the
city, that is, by that one man or council whose the supreme power
is, to contract aught, hath no right to make any contract, and
therefore having made any, it is not valid, and by consequence no
marriage. But his contract which received no prohibition, was
therefore of force, and so was matrimony. Neither adds it any force
to any unlawful contracts, that they were made by an oath or
sacrament;[13] for those add nothing to the strengthening of the
contract, as hath been said above, Chap. II. Art. 22. What therefore
theft, what murder, what adultery, and in general what injury is,
must be known by the civil laws; that is, the commands of him who
hath the supreme authority.
Footnote 13: