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
be made to hold, and so all commonwealth would be dissolved.
[Sidenote: Crimes not equal.]
From these different sources of crimes, it appears already, that all
crimes are not, as the Stoics of old time maintained, of the same allay.
There is place, not only for EXCUSE, by which that which seemed a crime,
is proved to be none at all; but also for EXTENUATION, by which the
crime, that seemed great, is made less. For though all crimes do equally
deserve the name of injustice, as all deviation from a straight line is
equally crookedness, which the Stoics rightly observed: yet it does not
follow that all crimes are equally unjust, no more than that all crooked
lines are equally crooked; which the Stoics not observing, held it as
great a crime, to kill a hen, against the law, as to kill one’s father.
[Sidenote: Total excuses.]
That which totally excuseth a fact, and takes away from it the nature of
a crime, can be none but that, which at the same time, taketh away the
obligation of the law. For the fact committed once against the law, if
he that committed it be obliged to the law, can be no other than a
crime.
The want of means to know the law, totally excuseth. For the law whereof
a man has no means to inform himself, is not obligatory. But the want of
diligence to inquire, shall not be considered as a want of means; nor
shall any man, that pretendeth to reason enough for the government of
his own affairs, be supposed to want means to know the laws of nature;
because they are known by the reason he pretends to: only children, and
madmen are excused from offences against the law natural.
Where a man is captive, or in the power of the enemy (and he is then in
the power of the enemy, when his person, or his means of living, is so),
if it be without his own fault, the obligation of the law ceaseth;
because he must obey the enemy, or die; and consequently such obedience
is no crime: for no man is obliged, when the protection of the law
faileth, not to protect himself, by the best means he can.
If a man, by the terror of present death, be compelled to do a fact
against the law, he is totally excused; because no law can oblige a man
to abandon his own preservation. And supposing such a law were
obligatory; yet a man would reason thus, _If I do it not, I die
presently; if I do it, I die afterwards; therefore by doing it, there is
time of life gained_; nature therefore compels him to the fact.
When a man is destitute of food, or other thing necessary for his life,
and cannot preserve himself any other way, but by some fact against the
law; as if in a great famine he take the food by force, or stealth,
which he cannot obtain for money nor charity; or in defence of his life,
snatch away another man’s sword; he is totally excused, for the reason
next before alleged.
[Sidenote: Excuses against the author.]