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Chapter 25
Themes
Key
LitCharts assigns a color and icon to each theme in Leviathan, which you can use to track the themes throughout the work.
Nature, War, and Civil Society
Power, Common-wealths, and Monarchies
Religion
Fear
Reason, Fact, and Philosophy
Summary
Analysis
By civil laws, Hobbes means those laws one is obligated to follow as a subject of a common-wealth. To be clear, Hobbes does not mean the laws of a specific common-wealth, but of any common-wealth. He does not wish to talk about laws imposed here or there; rather, he wishes to speak of civil laws in the same way Aristotle, Cicero, and Plato did, without the professional study of law. Law in general is command, not counsel, and Hobbes defines civil law as “those Rules, which the Common-wealth hath commanded him, by Word, Writing, or other sufficient Sign of the Will, to make use of, for the Distinction of Right, and Wrong; that is to say, of what is contrary, and what is not contrary to the Rule.”
Hobbes does not wish to talk about the subtle nuances of law, which are convoluted and complex. Rather, Hobbes is concerned with the general laws expected of a subject by a sovereign power, which are similar to and consistent with the Laws of Nature, which endow each living person with certain rights. Hobbes is concerned with those rights and laws universal to all people and common-wealths, not the individual laws of a certain common-wealths.
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The legislator in a common-wealth is the sovereign power, and that power makes the laws. Furthermore, the sovereign power—be that power a single monarch or a democratic assembly—is not subject to civil law. The Laws of Nature are equally contained within civil laws. The laws of nature, which consist of “Equity, Justice, Gratitude, and other morall Vertues” are not laws but qualities that promote peace and obedience. It is only after a common-wealth is established that such qualities become civil law.
The Laws of Nature outline certain rights that every person is endowed with by the power of God, which, if followed, will ensure peace, either in nature or a common-wealth. The Laws of Nature maintain that everyone is equal and no one person is held above the next, unless that person is the sovereign power of a common-wealth and imbued with the collective power of the people.
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If the sovereign power of one common-wealth takes over the subjects of another common-wealth and then governs by the same laws as the defeated sovereign, the authority of law does not rest with the power of the one who first made the law, but with the authority of the sovereign who commands it now. Any law that is made by a sovereign power must also be written and made known; otherwise, it is not a law. This rule does not apply to the unwritten Laws of Nature (which can be condensed into the following: “Do not that to another, which thou thinkest unreasonable to be done by another to thy selfe”) that should be known and followed by all.
Hobbes says earlier that the Laws of Nature are discovered by reason; however, the laws enforced by a sovereign must be made publically known or said laws are not enforceable, as people cannot be expected to follow a law that they are not aware of. If a sovereign power makes every effort to make a law known and a subject still breaks the law in ignorance, that subject is guilty.
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However, it is not enough that a law is written and known—there must also be some sign that said law comes directly from the sovereign power. A law must be “verified,” Hobbes says, not merely “authorized.” Verification is the “Testimony and Record” of the law, not the authority, because authority can be in the sovereign’s command only. Laws are verified by judges appointed by the sovereign power, and said judges tell others what is law when they hear their controversies. However, in the case of crimes against written laws, everyone must be adequately educated beforehand, since one may behave differently if a certain act or behavior is unlawful.
If one knows that a certain act is against the law, it is likely they will not commit said act. On the other hand, if they think something legal, they will likely go ahead and do it. Thus, if a law is not sufficiently known, it cannot be enforced. A law must also be “verified” so that a subject knows beyond a shadow of a doubt that the sovereign, and not some other entity, is the author of said law. Verification becomes a larger part of Hobbes’s argument in the section of Leviathan that deals with Holy Scripture and authority.
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Subjects of a common-wealth are obligated to do their best to educate themselves of any written law that may be applicable to their behavior and actions, but the interpretation of the law depends on the sovereign power. According to Hobbes, all laws must be interpreted. Laws are vague, and even short, written laws can be misinterpreted. Thus, there can’t “be any knot in the Law […] to undoe it by.” The interpretation of the law is not left to writers and philosophers. Instead, the law is interpreted by judges during the sentencing of each individual case. Any given sentence does not bind that judge or any other judge to similar sentences under similar circumstances.
Hobbes returns to the idea of knots and the untying of knots at the end of Leviathan, which can be both beneficial and detrimental to a common-wealth. The untying of a knot here is a bad thing. In writing a law, a sovereign must be sure there can be no alternative interpretations of a law. If a law is interpreted other than the way in which it was intended, the knot is untied, and the sovereign loses power because of it.
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When one speaks of the “letter of the law,” they mean the actual words that make up the written law. Words, however, are ambiguous and can be interpreted in different ways, which is where the “sentence of the law” and judges come in. A “good” judge is not merely someone who is well versed in laws; a “good” judge must also know the laws of nature and have the “right understanding” of equity. This knowledge does not come from reading books and philosophers—this knowledge comes from reason. A “good” judge must have “Contempt of unnecessary Riches,” and they must be free of passions (no fear, hate, love, anger). A “good” judge has patience to listen, interest to hear, and memory to retain facts.
Just as a “good” counselor or philosopher is rooted in both practice and study, a “good” judge must also have education and experience; however, they must have the “right understanding” of equity in accordance with the Laws of Nature and the common-wealth. A judge must adhere to the rules of equality within the Laws of Nature, but a judge must also be well-versed in what is considered “good” or “moral” in any given common-wealth as defined by the sovereign power.
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Laws can be divided many different ways by many different people and political bodies. For example, laws can be either natural or positive. Natural laws have been laws since the beginning of time, and they are also known as moral laws because they involve moral virtues, like justice and equity. Positive laws are those imposed by the sovereign power. Laws can also be either fundamental or not fundamental. A fundamental law is one that will destroy a common-wealth if it is taken away or not followed, whereas a law that is not a fundamental law will not destroy a common-wealth if taken away or not followed.
Natural laws are those included in the Laws of Nature and are bestowed upon all of humankind by God. Upon the creation of a common-wealth, the Laws of Nature become civil law and those positive laws imposed by the sovereign are added to these new civil laws. Whether a law is natural or positive, if it is enforced by a sovereign power, a subject is obligated to follow it.
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