3. Civil War and Social Contract

3.
Civil War and Social Contract

Thomas Hobbes, Leviathan (1651)

Thomas Hobbes (1588–1679), an English philosopher with close aristocratic and royalist ties, viewed England’s troubles as an indictment of traditional political thinking. According to Hobbes, in their natural state humans were violent and prone to war. Absolute authority was the only way to counter this threat to social order. Whether this authority rested in a king or parliament was immaterial to Hobbes; what mattered was that it gained its power from a social contract, or “covenant,” between ruler and ruled. Individuals agreed to relinquish their right to govern themselves to an absolute ruler in exchange for collective peace and defense. Hobbes published his views in 1651 in his book Leviathan, most of which he wrote during the final stage of the English civil war while living in exile in France, where he was the tutor of the future king Charles II. The excerpt that follows speaks not only to Hobbes’s understanding of human nature, absolute authority, and the social contract but also to the relationship among them.

From Thomas Hobbes, Leviathan, Renascence Editions, at www.luminarium.org/renascence-editions/hobbes/leviathan.html.

Of the Difference of Manners

By manners, I mean not here decency of behavior; as how one man should salute another, or how a man should wash his mouth, or pick his teeth before company, and such other points of the small morals; but those qualities of mankind that concern their living together in peace and unity. . . .

. . . [I]n the first place, I put for a general inclination of all mankind a perpetual and restless desire of power after power, that ceaseth only in death. And the cause of this is not always that a man hopes for a more intensive delight than he has already attained to, or that he cannot be content with a moderate power, but because he cannot assure the power and means to live well, which he hath present, without the acquisition of more. And from hence it is that kings, whose power is greatest, turn their endeavors to the assuring it at home by laws, or abroad by wars: and when that is done, there succeedeth a new desire; in some, of fame from new conquest; in others, of ease and sensual pleasure; in others, of admiration, or being flattered for excellence in some art or other ability of the mind. . . .

Of the Natural Condition of Mankind as Concerning Their Felicity and Misery

Nature hath made men so equal in the faculties of body and mind as that, though there be found one man sometimes manifestly stronger in body or of quicker mind than another, yet when all is reckoned together the difference between man and man is not so considerable as that one man can thereupon claim to himself any benefit to which another may not pretend as well as he. For as to the strength of body, the weakest has strength enough to kill the strongest, either by secret machination or by confederacy with others that are in the same danger with himself.

And as to the faculties of the mind, setting aside the arts grounded upon words, and especially that skill of proceeding upon general and infallible rules, called science, which very few have and but in few things, as being not a native faculty born with us, nor attained, as prudence, while we look after somewhat else, I find yet a greater equality amongst men than that of strength. For prudence is but experience, which equal time equally bestows on all men in those things they equally apply themselves unto. That which may perhaps make such equality incredible is but a vain conceit of one’s own wisdom, which almost all men think they have in a greater degree than the vulgar; that is, than all men but themselves, and a few others, whom by fame, or for concurring with themselves, they approve. For such is the nature of men that howsoever they may acknowledge many others to be more witty, or more eloquent or more learned, yet they will hardly believe there be many so wise as themselves; for they see their own wit at hand, and other men’s at a distance. But this proveth rather that men are in that point equal, than unequal. For there is not ordinarily a greater sign of the equal distribution of anything than that every man is contented with his share.

From this equality of ability ariseth equality of hope in the attaining of our ends. And therefore if any two men desire the same thing, which nevertheless they cannot both enjoy, they become enemies; and in the way to their end (which is principally their own conservation, and sometimes their delectation only) endeavor to destroy or subdue one another. And from hence it comes to pass that where an invader hath no more to fear than another man’s single power, if one plant, sow, build, or possess a convenient seat, others may probably be expected to come prepared with forces united to dispossess and deprive him, not only of the fruit of his labor, but also of his life or liberty. And the invader again is in the like danger of another. . . .

. . . [M]en have no pleasure (but on the contrary a great deal of grief) in keeping company where there is no power able to overawe them all. For every man looketh that his companion should value him at the same rate he sets upon himself, and upon all signs of contempt or undervaluing naturally endeavors, as far as he dares (which amongst them that have no common power to keep them in quiet is far enough to make them destroy each other), to extort a greater value from his contemners, by damage; and from others, by the example. So that in the nature of man, we find three principal causes of quarrel. First, competition; secondly, diffidence; thirdly, glory. The first maketh men invade for gain; the second, for safety; and the third, for reputation. The first use violence, to make themselves masters of other men’s persons, wives, children, and cattle; the second, to defend them; the third, for trifles, as a word, a smile, a different opinion, and any other sign of undervalue, either direct in their persons or by reflection in their kindred, their friends, their nation, their profession, or their name. Hereby it is manifest that during the time men live without a common power to keep them all in awe, they are in that condition which is called war; and such a war as is of every man against every man. For war consisteth not in battle only, or the act of fighting, but in a tract of time, wherein the will to contend by battle is sufficiently known: and therefore the notion of time is to be considered in the nature of war, as it is in the nature of weather. For as the nature of foul weather lieth not in a shower or two of rain, but in an inclination thereto of many days together: so the nature of war consisteth not in actual fighting, but in the known disposition thereto during all the time there is no assurance to the contrary. All other time is peace.

Whatsoever therefore is consequent to a time of war, where every man is enemy to every man, the same consequent to the time wherein men live without other security than what their own strength and their own invention shall furnish them withal. In such condition there is no place for industry, because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving and removing such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short. . . .

Of the Causes, Generation, and Definition of a Commonwealth

The final cause, end, or design of men (who naturally love liberty, and dominion over others) in the introduction of that restraint upon themselves, in which we see them live in Commonwealths, is the foresight of their own preservation, and of a more contented life thereby; that is to say, of getting themselves out from that miserable condition of war which is necessarily consequent, as hath been shown, to the natural passions of men when there is no visible power to keep them in awe, and tie them by fear of punishment to the performance of their covenants. . . .

The only way to erect such a common power, as may be able to defend them from the invasion of foreigners, and the injuries of one another, and thereby to secure them in such sort as that by their own industry and by the fruits of the earth they may nourish themselves and live contentedly, is to confer all their power and strength upon one man, or upon one assembly of men, that may reduce all their wills, by plurality of voices, unto one will: which is as much as to say, to appoint one man, or assembly of men, to bear their person; and every one to own and acknowledge himself to be author of whatsoever he that so beareth their person shall act, or cause to be acted, in those things which concern the common peace and safety; and therein to submit their wills, every one to his will, and their judgments to his judgment. This is more than consent, or concord; it is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorize and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou give up, thy right to him, and authorize all his actions in like manner. This done, the multitude so united in one person is called a COMMONWEALTH; in Latin, CIVITAS. This is the generation of that great LEVIATHAN, or rather, to speak more reverently, of that mortal god to which we owe, under the immortal God, our peace and defense. For by this authority, given him by every particular man in the Commonwealth, he hath the use of so much power and strength conferred on him that, by terror thereof, he is enabled to form the wills of them all, to peace at home, and mutual aid against their enemies abroad. And in him consisteth the essence of the Commonwealth; which, to define it, is: one person, of whose acts a great multitude, by mutual covenants one with another, have made themselves every one the author, to the end he may use the strength and means of them all as he shall think expedient for their peace and common defense. . . .

Of the Rights of Sovereigns by Institution

A Commonwealth is said to be instituted when a multitude of men do agree, and covenant, every one with every one, that to whatsoever man, or assembly of men, shall be given by the major part the right to present the person of them all, that is to say, to be their representative; every one, as well he that voted for it as he that voted against it, shall authorize all the actions and judgments of that man, or assembly of men, in the same manner as if they were his own, to the end to live peaceably amongst themselves, and be protected against other men.

From this institution of a Commonwealth are derived all the rights and faculties of him, or them, on whom the sovereign power is conferred by the consent of the people assembled.

First, because they covenant, it is to be understood they are not obliged by former covenant to anything repugnant hereunto. And consequently they that have already instituted a Commonwealth, being thereby bound by covenant to own the actions and judgments of one, cannot lawfully make a new covenant amongst themselves to be obedient to any other, in anything whatsoever, without his permission. And therefore, they that are subjects to a monarch cannot without his leave cast off monarchy and return to the confusion of a disunited multitude; nor transfer their person from him that beareth it to another man, other assembly of men: for they are bound, every man to every man, to own and be reputed author of all that already is their sovereign shall do and judge fit to be done; so that any one man dissenting, all the rest should break their covenant made to that man, which is injustice: and they have also every man given the sovereignty to him that beareth their person; and therefore if they depose him, they take from him that which is his own, and so again it is injustice. Besides, if he that attempteth to depose his sovereign be killed or punished by him for such attempt, he is author of his own punishment, as being, by the institution, author of all his sovereign shall do; and because it is injustice for a man to do anything for which he may be punished by his own authority, he is also upon that title unjust. And whereas some men have pretended for their disobedience to their sovereign a new covenant, made, not with men but with God, this also is unjust: for there is no covenant with God but by mediation of somebody that representeth God’s person, which none doth but God’s lieutenant who hath the sovereignty under God. But this pretence of covenant with God is so evident a lie, even in the pretenders’ own consciences, that it is not only an act of an unjust, but also of a vile and unmanly disposition.

Secondly, because the right of bearing the person of them all is given to him they make sovereign, by covenant only of one to another, and not of him to any of them, there can happen no breach of covenant on the part of the sovereign; and consequently none of his subjects, by any pretence of forfeiture, can be freed from his subjection. That he which is made sovereign maketh no covenant with his subjects before hand is manifest; because either he must make it with the whole multitude, as one party to the covenant, or he must make a several covenant with every man. With the whole, as one party, it is impossible, because as they are not one person: and if he make so many several covenants as there be men, those covenants after he hath the sovereignty are void; because what act soever can be pretended by any one of them for breach thereof is the act both of himself, and of all the rest, because done in the person, and by the right of every one of them in particular. Besides, if any one or more of them pretend a breach of the covenant made by the sovereign at his institution, and others or one other of his subjects, or himself alone, pretend there was no such breach, there is in this case no judge to decide the controversy: it returns therefore to the sword again; and every man recovereth the right of protecting himself by his own strength, contrary to the design they had in the institution. It is therefore in vain to grant sovereignty by way of precedent covenant. The opinion that any monarch receiveth his power by covenant, that is to say, on condition, proceedeth from want of understanding this easy truth: that covenants being but words, and breath, have no force to oblige, contain, constrain, or protect any man, but what it has from the public sword; that is, from the untied hands of that man, or assembly of men, that hath the sovereignty, and whose actions are avouched by them all, and performed by the strength of them all, in him united. But when an assembly of men is made sovereign, then no man imagineth any such covenant to have passed in the institution: for no man is so dull as to say, for example, the people of Rome made a covenant with the Romans to hold the sovereignty on such or such conditions; which not performed, the Romans might lawfully depose the Roman people. That men see not the reason to be alike in a monarchy and in a popular government proceedeth from the ambition of some that are kinder to the government of an assembly, whereof they may hope to participate, than of monarchy, which they despair to enjoy.

Thirdly, because the major part hath by consenting voices declared a sovereign, he that dissented must now consent with the rest; that is, be contented to avow all the actions he shall do, or else justly be destroyed by the rest. For if he voluntarily entered into the congregation of them that were assembled, he sufficiently declared thereby his will, and therefore tacitly covenanted, to stand to what the major part should ordain: and therefore if he refuse to stand thereto, or make protestation against any of their decrees, he does contrary to his covenant, and therefore unjustly. And whether he be of the congregation or not, and whether his consent be asked or not, he must either submit to their decrees or be left in the condition of war he was in before; wherein he might without injustice be destroyed by any man whatsoever.

Fourthly, because every subject is by this institution author of all the actions and judgments of the sovereign instituted, it follows that whatsoever he doth, can be no injury to any of his subjects; nor ought he to be by any of them accused of injustice. For he that doth anything by authority from another doth therein no injury to him by whose authority he acteth: but by this institution of a Commonwealth every particular man is author of all the sovereign doth; and consequently he that complaineth of injury from his sovereign complaineth of that whereof he himself is author, and therefore ought not to accuse any man but himself; no, nor himself of injury, because to do injury to oneself is impossible. It is true that they that have sovereign power may commit iniquity, but not injustice or injury in the proper signification.

Fifthly, and consequently to that which was said last, no man that hath sovereign power can justly be put to death, or otherwise in any manner by his subjects punished. For seeing every subject is author of the actions of his sovereign, he punisheth another for the actions committed by himself.

DISCUSSION QUESTIONS

  1. How does Hobbes describe human nature? How might the events of the English civil war have shaped his views?

    Question

    TGqa+SlvYcEy4SvONuTnE0V2ITXQiQ9KRw7WN1iJiV5ovLu/oH5iC3XhvAk85DmArHt9Und1JyYIsxmjJ5WMzANe8wHrW+viJ3XdTMv3nXPu+mnK1+55+CYAI8EL5k6ogHbiAEtYr6yUgWepfmkCXTakAXL7wof+ohsho7nNo2xlpVQT103Ev8n0Y66lMhK3m4/7QZTdgJo=
    How does Hobbes describe human nature? How might the events of the English civil war have shaped his views?
  2. What is Hobbes’s definition of the “Leviathan”? How is his definition linked to his understanding of the basis and role of absolute authority?

    Question

    WY3bRfm6m8jRwQg5KauLAsdaU35Qovy1Egjmws+HK8PY1rNkPdl8OcIh66TCXTbHZR5UYtom6ZJ2i584rCAcGsfqbMKSOms927Aubdt4cw656uVW5/YYwTWFSWKu8+BAG2wBJM3pemTMvygTEVSARiL10ZgZUXz+VvSPAj31+iatFOSQftEXcJ/n7gwL/cxHmfaCNi4U1aSDA0Sk4hYiXvslajY+RkVNRG2RdKNvOcOP9GmMD0FP73uzNy0TWu4K
    What is Hobbes’s definition of the “Leviathan”? How is his definition linked to his understanding of the basis and role of absolute authority?
  3. What does Hobbes mean by the “covenant” between sovereign and subject? How did this differ from the traditional understanding of absolute authority based on divine right?

    Question

    kx0lDrEiY7HJkqsb5I0wYhgk50PqPXh9Z5lQQUhECmGpJcKKwxFOPpXnV6q8hFcoTP5fGQqffeZjdO9k9S740NAa39Kg/fnWGtL++VKgJpFD0wXRrqPHvH46xdMjR9MFbnVl2Op5hmrdUo0t3X+9CngRD3AcF8lmFQt2W40CzgpuyKlYgEeTkEmPu9DU1iRFj4GzpuOMjwcRbvUGbgGX62qQorQy7RDWaQ33+x6Qvn7W0QHlkEdmIgzOA09lyAyE5JF4MirMlP4hXYDYf9Lnoq6IYy4Y/wzw
    What does Hobbes mean by the “covenant” between sovereign and subject? How did this differ from the traditional understanding of absolute authority based on divine right?
  4. According to Hobbes, did subjects bound by this covenant have the right to challenge sovereign power? Why or why not?

    Question

    mlq+B1pBRlglLlMw0RXsibjWvZhcG+Iscg9VuWRXYINfWkyk9pAmgFuy5abRAIr6UNJv+onUATx5Fcoy3DYgr9OBrw40nHtGSrhHhv6Gkg9Q3ArVCfLzeTk5e1Hqi3NIB/BpFA6N4fCFoTQKshpblq0gnBRXdANXKb2SfazU4w97pOU78bGY4hwf0VmZfm7oXVHerQcUjMmC3Tyu7KhzbA==
    According to Hobbes, did subjects bound by this covenant have the right to challenge sovereign power? Why or why not?