The English works of Thomas Hobbes of Malmesbury, Volume 05 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 05 (of 11)
Thomas Hobbes · en
(_e_) “He pleads moreover, ‘That the law is a cause of justice,’ that
‘it frames the wills of men to justice,’ and ‘that the punishment of one
doth conduce to the preservation of many.’ All this is most true of a
just law justly executed. But this is no God-a-mercy to T. H.’s opinion
of absolute necessity. If all actions and all events be predetermined
naturally, necessarily, extrinsically, how should the law frame men
morally to good actions? He leaves nothing for the law to do, but either
that which is done already, or that which is impossible to be done. If a
man be chained to every individual act which he doth, and from every act
which he doth not, by indissolvable bonds of inevitable necessity, how
should the law either deter him or frame him? If a dog be chained fast
to a post, the sight of a rod cannot draw him from it. Make a thousand
laws that the fire shall not burn, yet it will burn. And whatsoever men
do, according to T. H., they do it as necessarily as the fire burneth.
Hang up a thousand thieves, and if a man be determined inevitably to
steal, he must steal notwithstanding.
(_f_) “He adds, that ‘the sufferings imposed by the law upon
delinquents, respect not the evil act passed, but the good to come, and
that the putting of a delinquent to death by the magistrate for any
crime whatsoever, cannot be justified before God, except there be a real
intention to benefit others by his example.’ The truth is, the punishing
of delinquents by law, respecteth both the evil act passed and the good
to come. The ground of it, is the evil act passed, the scope or end of
it, is the good to come. The end without the ground cannot justify the
act. A bad intention may make a good action bad; but a good intention
cannot make a bad action good. It is not lawful to do evil that good may
come of it, nor to punish an innocent person for the admonition of
others; that is to fall into a certain crime for fear of an uncertain.
Again, though there were no other end of penalties inflicted, neither
probatory, nor castigatory, nor exemplary, but only vindicatory, to
satisfy the law out of a zeal of justice by giving to every one his own,
yet the action is just and warrantable. Killing, as it is considered in
itself, without all undue circumstances, was never prohibited to the
lawful magistrate, who is the vice-gerent or lieutenant of God, from
whom he derives his power of life and death.