The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
1. All expressions, &c. concerning future actions, are either
covenant, counsel, or command. 2. The difference between a law
and a covenant. 3. The command of him whose command is law in
one thing, is law in every thing. 4. The difference between law
and counsel. 5. The difference between _jus_ and _lex_. 6. The
division of laws, &c. 7. That the divine moral law, and the law
of nature, is the same. 8. That the civil laws are the common
measure of right and wrong, &c. 9. Martial law is civil law. 10.
Written laws, &c. Unwritten, &c. Customs and opinions, &c.
[Sidenote: All expressions, &c. concerning future actions, are
either covenant, counsel, or command.]
1. Thus far concerning the Nature of Man, and the constitution and
properties of a Body Politic. There remaineth only for the last
chapter, to speak of the nature and sorts of law. And first it is
manifest, that all laws are declarations of the mind, concerning
some action future to be done, or omitted. And all declarations and
expressions of the mind concerning future actions and omissions, are
either _promissive_, as _I will do, or not do_; or _provisive_, as
for example, _If this be done or not done, this will follow_; or
_imperative_, as _Do this, or do it not_. In the first sort of these
expressions, consisteth the nature of a covenant; in the second,
consisteth counsel; in the third, command.
[Sidenote: The difference between a law and a covenant.]
2. It is evident when a man doth, or forbeareth to do any action, if
he be moved thereto by this only consideration, that the same is
good or evil in itself; and that there be no reason why the will or
pleasure of another, should be of any weight in his deliberation,
that then neither to do nor omit the action deliberated, is any
breach of law. And consequently, whatsoever is a law to a man,
respecteth the will of another, and the declaration thereof. But a
covenant is a declaration of a man’s own will. And therefore a law
and a covenant differ: and though they be both obligatory, and a law
obligeth no otherwise than by virtue of some covenant made by him
who is subject thereunto, yet they oblige by several sorts of
promises. For a covenant obligeth by promise of an action, or
omission especially named and limited; but a law bindeth by a
promise of obedience in general, whereby the action to be done, or
left undone, is referred to the determination of him, to whom the
covenant is made. So that the difference between a covenant and a
law, standeth thus: in simple covenant, the action to be done, or
not done, is first limited and made known, and then followeth the
promise to do or not do; but in a law, the obligation to do or not
to do, precedeth, and the declaration what is to be done, or not
done, followeth after.
[Sidenote: The command of him whose command is law in one thing, is
law in every thing.]