The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
Right is laid aside, either by simply renouncing it; or by transferring
it to another. By _simply_ RENOUNCING; when he cares not to whom the
benefit thereof redoundeth. [Sidenote: Transferring right what.
Obligation.] By TRANSFERRING; when he intendeth the benefit thereof to
some certain person, or persons. And when a man hath in either manner
abandoned, or granted away his right; then is he said to be OBLIGED, or
BOUND, not to hinder those, to whom such right is granted, or abandoned,
from the benefit of it: and that he _ought_, [Sidenote: Duty.] and it is
his DUTY, not to make void that voluntary act of his own: [Sidenote:
Injustice.] and that such hindrance is INJUSTICE, and INJURY, as being
_sine jure_; the right being before renounced, or transferred. So that
_injury_, or _injustice_, in the controversies of the world, is somewhat
like to that, which in the disputations of scholars is called
_absurdity_. For as it is there called an absurdity, to contradict what
one maintained in the beginning: so in the world, it is called
injustice, and injury, voluntarily to undo that, which from the
beginning he had voluntarily done. The way by which a man either simply
renounceth, or transferreth his right, is a declaration, or
signification, by some voluntary and sufficient sign, or signs, that he
doth so renounce, or transfer; or hath so renounced, or transferred the
same, to him that accepteth it. And these signs are either words only,
or actions only; or, as it happeneth most often, both words, and
actions. And the same are the BONDS, by which men are bound, and
obliged: bonds, that have their strength, not from their own nature, for
nothing is more easily broken than a man’s word, but from fear of some
evil consequence upon the rupture.
[Sidenote: Not all rights are alienable.]