The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
By CIVIL LAWS, I understand the laws, that men are therefore bound to
observe, because they are members, not of this, or that commonwealth in
particular, but of a commonwealth. For the knowledge of particular laws
belongeth to them, that profess the study of the laws of their several
countries; but the knowledge of civil law in general, to any man. The
ancient law of Rome was called their _civil law_, from the word
_civitas_, which signifies a commonwealth: and those countries, which
having been under the Roman empire, and governed by that law, retain
still such part thereof as they think fit, call that part the civil law,
to distinguish it from the rest of their own civil laws. But that is not
it I intend to speak of here; my design being not to show what is law
here, and there; but what is law; as Plato, Aristotle, Cicero, and
divers others have done, without taking upon them the profession of the
study of the law.
And first it is manifest, that law in general, is not counsel, but
command; nor a command of any man to any man; but only of him, whose
command is addressed to one formerly obliged to obey him. And as for
civil law, it addeth only the name of the person commanding, which is
_persona civitatis_, the person of the commonwealth.
Which considered, I define civil law in this manner. CIVIL LAW, _is to
every subject, those rules, which the commonwealth hath commanded him,
by word, writing, or other sufficient sign of the will, to make use of,
for the distinction of right, and wrong; that is to say, of what is
contrary, and what is not contrary to the rule_.
In which definition, there is nothing that is not at first sight
evident. For every man seeth, that some laws are addressed to all the
subjects in general; some to particular provinces; some to particular
vocations; and some to particular men; and are therefore laws, to every
of those to whom the command is directed, and to none else. As also,
that laws are the rules of just, and unjust; nothing being reputed
unjust, that is not contrary to some law. Likewise, that none can make
laws but the commonwealth; because our subjection is to the commonwealth
only: and that commands, are to be signified by sufficient signs;
because a man knows not otherwise how to obey them. And therefore,
whatsoever can from this definition by necessary consequence be deduced,
ought to be acknowledged for truth. Now I deduce from it this that
followeth.
[Sidenote: The sovereign is legislator.]