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
2. As it was necessary that a man should not retain his right to
every thing, so also was it, that he should retain his right to
some things; to his own body, for example, the right of
defending, whereof he could not transfer; to the use of fire,
water, free air, and place to live in, and to all things
necessary for life. Nor doth the law of nature command any
divesting of other rights, than of those only which cannot be
retained without the loss of peace. Seeing then many rights are
retained, when we enter into peace one with another, reason and
the law of nature dictateth, _Whatsoever right any man requireth
to retain, he allow every other man to retain the same_. For he
that doth not so, alloweth not the equality mentioned in the
former section. For there is no acknowledgment of worth, without
attribution of the equality of benefit and respect. And this
allowance of _æqualia æqualibus_, is the same thing with the
allowing of _proportionalia proportionalibus_. For when a man
alloweth to every man alike, the allowance he maketh, will be in
the same proportion, in which are the numbers of men to whom
they are made. And this is it men mean by _distributive
justice_, and is properly termed _equity_. The breach of the law
is that which the Greeks call Πλεονεξία, which is commonly
rendered _covetousness_, but seemeth to be more precisely
expressed by the word _encroaching_.
[Sidenote: Another, that those things which cannot be divided, be
used in common.]
3. If there pass no other covenant, the law of nature is, _That such
things as cannot be divided, be used in common, proportionably to
the numbers of them that are to use the same, or without limitation,
when the quantity thereof sufficeth_. For first supposing the thing
to be used in common, not sufficient for them that are to use it
without limitation, if a few shall make more use thereof than the
rest, that equality is not observed, which is required in the second
section. And this is to be understood, as all the rest of the laws
of nature, without any other covenant antecedent: for a man may have
given away his right of common, and so the case be altered.
[Sidenote: Another, that things indivisible and incommunicable, be
divided by lot.]
4. In those things which neither can be divided, nor used in common,
the rule of nature must needs be one of these, _lot_, or _alternate
use_: for besides these two ways, there can no other equality be
imagined; and for alternate use, he that beginneth, hath the
advantage; and to reduce that advantage to equality, there is no
other way but lot, in things, therefore indivisible and
incommunicable, it is the law of nature, _That the use be alternate,
or the advantage given away by lot_; because there is no other way
of equality. And equality is the law of nature.
[Sidenote: Natural lot, primogeniture, and first possession.]