------- CHAPTER XV. OF OTHER LAWS OF NATURE. [Sidenote: The third law of nature, justice.] From that law of nature, by which we are obliged to transfer to another, such rights, as being retained, hinder the peace of mankind, there followeth a third; which is this, _that men perform their covenants made_: without which, covenants are in vain, and but empty words; and the right of all men to all things remaining, we are still in the condition of war. [Sidenote: Justice and injustice what.] And in this law of nature, consisteth the fountain and original of JUSTICE. For where no covenant hath preceded, there hath no right been transferred, and every man has right to every thing; and consequently, no action can be unjust. But when a covenant is made, then to break it is _unjust_: and the definition of INJUSTICE, is no other than _the not performance of covenant_. And whatsoever is not unjust, is _just_. [Sidenote: Justice and propriety begin with the constitution of commonwealth.] But because covenants of mutual trust, where there is a fear of not performance on either part, as hath been said in the former chapter, are invalid; though the original of justice be the making of covenants; yet injustice actually there can be none, till the cause of such fear be taken away; which while men are in the natural condition of war, cannot be done. Therefore before the names of just, and unjust can have place, there must be some coercive power, to compel men equally to the performance of their covenants, by the terror of some punishment, greater than the benefit they expect by the breach of their covenant; and to make good that propriety, which by mutual contract men acquire, in recompense of the universal right they abandon: and such power there is none before the erection of a commonwealth. And this is also to be gathered out of the ordinary definition of justice in the Schools: for they say, that _justice is the constant will of giving to every man his own_. And therefore where there is no _own_, that is no propriety, there is no injustice; and where there is no coercive power erected, that is, where there is no commonwealth, there is no propriety; all men having right to all things: therefore where there is no commonwealth, there nothing is unjust. So that the nature of justice, consisteth in keeping of valid covenants: but the validity of covenants begins not but with the constitution of a civil power, sufficient to compel men to keep them: and then it is also that propriety begins. [Sidenote: Justice not contrary to reason.]