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
Not many lines after, for a reason why a man may not be justly punished
when his crime is voluntary, he offereth this: “that law is unjust and
tyrannical, which commands a man to will that which is impossible for
him to will.” Whereby it appears, he is of opinion that a law may be
made to command the will. The style of a law is _do this_, or _do not
this_; or, _if thou do this, thou shalt suffer this_; but no law runs
thus, _will this_, or _will not this_; or, _if thou have a will to this,
thou shalt suffer this_. He objecteth further, that I beg the question,
because no man’s will is necessitated. Wherein he mistakes; for I say no
more in that place, but that he that doth evil willingly, whether he be
necessarily willing, or not necessarily, may be justly punished. And
upon this mistake he runneth over again his former and already answered
nonsense, saying, “we ourselves, by our own negligence in not opposing
our passions when we should and might, have freely given them a kind of
dominion over us;” and again, _motus primo primi_, the first motions are
not always in our power. Which _motus primo primi_, signifies nothing;
and “our negligence in not opposing our passions,” is the same with “our
want of will to oppose our will,” which is absurd; and “that we have
given them a kind of dominion over us,” either signifies nothing, or
that we have a dominion over our wills, or our wills a dominion over us,
and consequently either we or our wills are not free.
(_e_) “He pleads moreover that the law is a cause of justice,” &c. “All
this is most true, of a just law justly executed.”
But I have shown that all laws are just, as laws, and therefore not to
be accused of injustice by those that owe subjection to them; and a just
law is always justly executed. Seeing then that he confesseth that all
that he replieth to here is true, it followeth that the reply itself,
where it contradicteth me, is false.
(_f_) “He addeth 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.”
This he neither confirmeth nor denieth, and yet forbeareth not to
discourse upon it to little purpose; and therefore I pass it over.
(_g_) “First he told us, that it was the irresistible power of God that
justifies all his actions; though he command one thing openly, and plot
another thing secretly; though he be the cause not only of the action,
but also of the irregularity, &c.”