Hobbes’s Leviathan
Right of Nature; Liberty; Law of Nature; State of Nature and State of War
Natural and artificial persons
The birth of the person of the state and its power
The best form of government
Term test

John Locke: Two Treatises of Government , Second Treatise/Book II: Chapters 1-5, 9.
5.2/10 avg. for the last tutorial assignment.
Use your own words
Explain concepts clearly
READ THE TEXT
300-word Hobbes assignment:
Explain how the state is a kind of person, for Hobbes. Include in your explanation how the person of the state comes about.
Cut through the text and extract an argument.
This is not a summary like the last assignment.
Please make sure you have access to Blackboard!

Right of Nature: The natural abilities we have to do whatever we need to preserve our lives, “in his own judgment and reason”.
We use reason to decide what we want to do, and our natural abilities to carry out our decisions.
The primary aim of this right is “the preservation of [a human’s] own nature”, that is, protecting and extending one’s life.
Liberty: Hobbes has a “negative” conception of liberty as that which you are allowed to do without being hindered by something beyond ourselves.
This conception in contrast to a “positive” account of liberty as the right to something, for example healthcare or education.
*** You can use your Right of Nature to take away another person’s Liberty.
***
Law of Nature: A rule that we figure out by using reason, that “a man is forbidden to do that which is destructive of his life” or give up something that would protect/extend his life.
Right (jus) vs. Law (lex): A right is the freedom to do something (you can do it if you want to). A law is an obligation to do something (you have to do it whether you want to or not, you are
“bound” to do it).

State of Nature: In an earlier chapter (not in your reading), Hobbes argues that before humans associate into a state, people are in a constant state of war, in which the lives of people are “solitary, poor, nasty, brutish, and short”.
Each person acts according to their own reason, which determines the laws or principles each person lives by. There is no private property – everyone has a right to everything, even each others’ bodies!
This is a state of constant anxiety and insecurity.
From a state of nature (which is a state of perpetual war) arise two fundamental laws: to seek peace to use any means to defend oneself
These fundamental laws are so strong that people will follow them even if it means they must sacrifice other rights. (This is another Law of Nature.)
NB: Follow a lex (an obligation) to the extent of relinquishing jus (freedom).

How do people move from a state of nature and war to a state of peace?
They are fundamental laws that people (1) seek peace, (2) defend their security and (3) to lay down their rights for peace and security.
“Right is laid aside, either by simply renouncing it, or by transferring it to another. By simply renouncing, when he cares not to whom the benefit thereof redoundeth. By transferring, when he intendeth the benefit thereof to some certain person or persons. And when a man hath in either manner abandoned or granted away his right, then is he said to be obliged, or bound, not to hinder those to whom such right is granted, or abandoned, from the benefit of it: and that he ought, and it is duty, not to make void that voluntary act of his own: and that such hindrance is injustice, and injury…”

“Whensoever a man transferreth his right, or renounceth it, it is either in consideration of some right reciprocally transferred to himself, or for some other good he hopeth for thereby. For it is a voluntary act: and of the voluntary acts of every man, the object is some good to him self. And therefore there be some rights which no man can be understood by any words, or other signs, to have abandoned or transferred.”
Transferring or renouncing a right must benefit you!
Therefore, there are some rights which you cannot give up – they are inalienable.
If rights are transferred in a promise, this is called a covenant and becomes an obligation.

Hobbes discusses a further sixteen “Laws of Nature” that follow from making covenants
(contracts/promises) with others.
The most important of these additional “laws” is the one concerning justice.
What do you think justice is?
A covenant cannot be binding unless there is some power to enforce it.
People who enter into a covenant must fear the punishment from breaking their promise more than what they might loose from remaining in the covenant.
For example, I might gain R100 if I steal someone’s wallet. This would entail breaking the laws against theft in SA. The reason why I do not is because I fear the punishment more than being R100 poorer – I may be fined R1000 or imprisoned.
Justice is simply that people perform the covenants/promises they make. “Justice is the constant Will of giving to every man his own.”
If we act unjustly, we forfeit our lives, since we allow punishment on ourselves. This, however, is contrary to the law of security. Therefore, justice is a law of nature.

Personhood: What is a person?
“A person is he whose words or actions are considered, either as his own, or as representing the words or actions of another man, or of any other thing to whom they are attributed, whether truly or by fiction.”
“When they are considered as his own, then is he called a natural person: and when they are considered as representing the words and actions of another, then is he a feigned or artificial person.”
“Of persons artificial, some have their words and actions owned by those whom they represent. And then the person is the actor, and he that owneth his words and actions is the author, in which case the actor acteth by authority.”

Person: Words and actions that are their own or another’s.
Own words and actions: NATURAL PERSON
Representing another’s words and actions: ARTIFICIAL PERSON
When an artificial person makes decisions under the authority of another, then the representative is an ACTOR and the represented person the AUTHOR.
When an actor does something as a representative, it is done with AUTHORITY.
“From hence it followeth that when the actor maketh a covenant by authority, he bindeth thereby the author no less than if he had made it himself; and no less subjecteth him to all the consequences of the same.”

“The only way to erect such a common power [to keep people acting justly], 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 judgements to his judgement.”

Give up our Right of Nature as a collective in order to live in peace and protection from everyone else’s Right of Nature.
Transferring this right to another person makes that person the representative (ACTOR) of the people who make this agreement (AUTHORS).
“I authorise 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 authorise all his actions in like manner.”
“ And he that carryeth this person is called sovereign, and said to have sovereign power; and every one besides, his subject.”
“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 defence.”

“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 defence.”
The state (“Commonwealth”) is a single actor born from the consent of everyone it represents.
Since the state is meant to keep peace and security, it is give absolute power to exercise however it thinks is necessary.
Such an entity either comes about through the use of force and conquest (by acquisition), or be peaceful agreement between people (by institution).

If the purpose of the state (“Commonwealth”) is to establish peace and welfare for its citizens, then which kind of state is best suited for this purpose? What do you think and why?
Whoever is instituted to rule the state, whether they are a monarch or an assembly of rulers, is responsible for the “common interest” of the citizens.
But he/they will also make sure that they look after their own private interests.
Therefore the best form of government will be that in which the private and public interests are most similar.
What is the form of government where the private interest of the ruler(s) and the public interest are closest?
In an Aristocracy or a Democracy, the rulers will benefit most if they are corrupt, regardless of whether the public is poor.
In a Monarchy, the ruler benefits most when the public are affluent and successful. “The riches, power, and honour of a Monarch arise onely from the riches, strength and reputation of his Subjects.”

Second, the best government also seeks the advice of the most qualified people.
In an Aristocracy and Democracy, advisors are just those who were appointed as such from the beginning of the state. These people might have insight about how to gain money, but do not have knowledge.
In a Monarchy, the sovereign can select whomever is best in an area for counsel.
Thus the most knowledgeable person will be an advisor to the state.
Third, when deciding on laws (“Resolutions”) an assembly of rulers might be incomplete, skewing the vote for one law over another. This in addition to the fallibility of human nature when making decisions.
However, in a Monarch, there is only one final authority on laws, and so he is only subject to the fallibility of human nature.

Fourth, several rulers can disagree and bring about a civil war. This cannot happen with a monarch.
Fifth, a monarch might do things to favour his friends and family. But this isn’t as bad as having an entire assembly of rulers acting out of prejudice for all their many friends and family. In this regard, a Monarchy is the lesser evil.
Sixth, in a Monarchy it may be the case that a child is given sovereign power. In such a case, there may be an temporary assembly to govern until the child is educated and comes of age.
If citizens protest and rebel during this temporary period of assembly-rule, then
Hobbes says that this is not the fault of the Monarchy but of “the ambition of
Subjects, and ignorance of their Duty”.
Again, while this is an inconvenience of having a Monarchy, it is better than being permanently governed by an assembly of many rulers.

Advice for your term test:
WRITE THE FIRST TEST OPPORTUNITY NEXT WEEK!
Use lecture slides and notes, but you must base all your content PRIMARILY on your reading of the texts. (You are not going to be tested on your general understanding of the work like in first-year!)
Prepare your answers well; you won’t have extra time to spend thinking about how to answer during the test.
ANSWER THE QUESTION. Don’t just give me content. If you just write what we’ve been talking about in lectures without giving it a specific focus, then you will do very poorly.
Read the questions carefully and we can discuss them further tomorrow if you have any questions.

Get started with reading as much Locke as you can.
The reading is up on Blackboard. Don’t worry about ch.’s 4 (Slavery) and 5 (Property) for now.
Remember to hand in your Hobbes assignment tomorrow before 12:00.
Collect last week’s assignment from the tutors before you leave.
Students to please see me about your assignments:
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