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
10. These laws of nature, the sum whereof consisteth in forbidding
us to be our own judges, and our own carvers, and in commanding us
to accommodate one another, in case they should be observed by some,
and not by others, would make the observers but a prey to them that
should neglect them, leaving the good both without defence against
the wicked, and also with a charge to assist them: which is against
the scope of the said laws, that are made only for the protection
and defence of them that keep them. Reason therefore, and the law of
nature over and above all these particular laws, doth dictate this
law in general, _That those particular laws be so far observed, as
they subject us not to any incommodity, that in our own judgments
may arise, by the neglect thereof in those towards whom we observe
them_; and consequently requireth no more but the desire and
constant intention to endeavour and be ready to observe them, unless
there be cause to the contrary in other men’s refusal to observe
them towards us. The force therefore of the law of nature, is not
_in foro externo_, till there be security for men to obey it, but is
always _in foro interno_, wherein the action of obedience being
unsafe, the will and readiness to perform, is taken for the
performance.
[Sidenote: The right of nature not to be taken away by custom, nor
the law of nature abrogated by any act.]
11. Amongst the laws of nature, customs and prescriptions are not
numbered. For whatsoever action is against reason, though it be
reiterated never so often, or that there be never so many
precedents thereof, is still against reason, and therefore not a
law of nature, but contrary to it. But consent and covenant may so
alter the cases, which in the law of nature may be put, by
changing the circumstances, that that which was reason before, may
afterwards be against it; and yet is reason still the law. For
though every man be bound to allow equality to another, yet if
that other shall see cause to renounce the same, and make himself
inferior, then, if from thenceforth he consider him as inferior,
he breaketh not thereby that law of nature that commandeth to
allow equality. In sum, _a mans own consent may abridge him of the
liberty which the law of nature leaveth him, but custom not_; nor
can either of them abrogate either these, or or any other law of
nature.
[Sidenote: Why the dictates of nature are called laws.]
12. And forasmuch as law, to speak properly, is a command, and these
dictates, as they proceed from nature, are not commands, they are
not therefore called laws, in respect of nature, but in respect of
the author of nature, God Almighty.
[Sidenote: Whatsoever is against conscience in a man, that is his
own judge, is against the law of nature.]