The Political Works of Thomas Hobbes (4 Books in One Edition). Thomas Hobbes
Читать онлайн книгу.
said to be our own, because we may dispose of it at our own pleasure: it can be no injury to any man, though our liberality be further extended towards another, than towards him; unless we be thereto obliged by covenant: and then the injustice consisteth in the violation of that covenant, and not in the inequality of distribution.
6. It happeneth many times that a man benefitteth or contributeth to the power of another, without any covenant, but only upon confidence and trust of obtaining the grace and favour of that other, whereby he may procure a greater, or no less benefit or assistance to himself. For by necessity of nature every man doth in all his voluntary actions intend some good unto himself. In this case it is a law of nature, That no man suffer him, that thus trusteth to his charity, or good affection towards him, to be in the worse estate for his trusting. For if he shall so do, men will not dare to confer mutually to each other's defence, nor put themselves into each other's mercy upon any terms whatsoever. but rather abide the utmost and worst event of hostility. by which general diffidence, men will not only be enforced to war, but also afraid to come so much within the danger of one another, as to make any overture of peace. But this is to be understood of those only, that confer their benefits (as I have said) upon trust only, and not for triumph or ostentation. For as when they do it upon trust, the end they aimed at, namely to be well used, is the reward; so also when they do it for ostentation, they have the reward in themselves.
7. But seeing in this case there passeth no covenant, the breach of this law of nature is not to be called injury; it hath another name (viz.) INGRATITUDE.
8. It is also a law of nature, That every man do help and endeavour to accommodate each other, as far as may be without danger of their persons, and loss of their means, to maintain and defend themselves. For seeing the causes of war and desolation proceed from those passions, by which we strive to accommodate ourselves, and to leave others as far as we can behind us: it followeth that that passion by which we strive mutually to accommodate each other, must be the cause of peace. And this passion is that charity defined chap. IX, sect. 17.
9. And in this precept of nature. is included and comprehended also this, That a man forgive and pardon him that hath done him wrong, upon his repentance, and caution for the future. For PARDON is peace granted to him, that (having provoked to war) demandeth it. It is not therefore charity, but fear, when a man giveth peace to him that repenteth not, nor giveth caution for maintaining thereof in the time to come. For he that repenteth not, remaineth with the affection of an enemy; as also doth he that refuseth to give caution, and consequently is presumed not to seek after peace, but advantage. And therefore to forgive him is not commanded in this law of nature, nor is charity, but may sometimes be prudence. Otherwise, not to pardon upon repentance and caution, considering men cannot abstain from provoking one another, is never to give peace; and that is against the general definition of the law of nature.
10. And seeing the law of nature commandeth pardon when there is repentance, and caution for the future; it followeth that the same law ordaineth, That no revenge be taken upon the consideration only of the offence past, but of the benefit to come; that is to say, that all revenge ought to tend to amendment, either of the person offending, or of others, by the example of his punishment; which is sufficiently apparent, in that the law of nature commandeth pardon, where the future time is secured. The same is also apparent by this: that revenge when it considereth the offence past, is nothing else but present triumph and glory, and directeth to no end; for end implieth some future good; and what is directed to no end, is therefore unprofitable; and consequently the triumph of revenge, is vain glory: and whatsoever is vain, is against reason; and to hurt one another without reason, is contrary to that, which by supposition is every man's benefit, namely peace; and what is contrary to peace, is contrary to the law of nature.
11. And because all signs which we shew to one another of hatred and contempt, provoke in the highest degree to quarrel and battle (inasmuch as life itself, with the condition of enduring scorn, is not esteemed worth the enjoying, much less peace); it must necessarily be implied as a law of nature, That no man reproach, revile, deride, or any otherwise declare his hatred, contempt, or disesteem of any other. But this law is very little practised. For what is more ordinary than reproaches of those that are rich, towards them that are not? or of those that sit in place of judicature, towards those that are accused at the bar? although to grieve them in that manner, be no part of the punishment for their crime, nor contained in their office; but use hath prevailed, that what was lawful in the lord towards the servant whom he maintaineth, is also practised as lawful in the more mighty towards the less; though they contribute nothing towards their maintenance.
12. It is also a law of nature, That men allow commerce and traffic indifferently to one another. For he that alloweth that to one man, which he denieth to another, declareth his hatred to him, to whom he denieth; and to declare hatred is war. And upon this title was grounded the great war between the Athenians and the Peloponnesians. For would the Athenians have condescended to suffer the Megareans, their neighbours, to traffic in their ports and markets, that war had not begun.
13. And this also is a law of nature, That all messengers of peace, and such as are employed to procure and maintain amity between man and man, may safely come and go. For seeing peace is the general law of nature, the means thereto, such as are these men, must in the same law be comprehended.
Chapter 17: Other Laws of Nature
1. The question, which is the better man, is determinable only in the estate of government and policy, though it be mistaken for a question of nature, not only by ignorant men, that think one man's blood better than another's by nature; but also by him, whose opinions are at this day, and in these parts of greater authority than any other human writings (Aristotle). For he putteth so much difference between the powers of men by nature, that he doubteth not to set down, as the ground of all his politics, that some men are by nature worthy to govern, and others by nature ought to serve. Which foundation hath not only weakened the whole frame of his politics, but hath also given men colour and pretences, whereby to disturb and hinder the peace of one another. For though there were such a difference of nature, that master and servant were not by consent of men, but by inherent virtue; yet who hath that eminency of virtue, above others, and who is so stupid as not to govern himself, shall never be agreed upon amongst men; who do every one naturally think himself as able, at the least, to govern another, as another to govern him. And when there was any contention between the finer and the coarser wits, (as there hath been often in times of sedition and civil war) for the most part these latter carried away the victory and as long as men arrogate to themselves more honour than they give to others, it cannot be imagined how they can possibly live in peace: and consequently we are to suppose, that for peace sake, nature hath ordained this law, That every man acknowledge other for his equal. And the breach of this law, is that we call PRIDE.
2. As it was necessary that a man should not retain his right to every thing, so also was it, that he should retain his right to some things: to his own body (for example) the right of defending, whereof he could not transfer. to the use of fire, water, free air, and place to live in, and to all things necessary for life. Nor doth the law of nature command any divesting of other rights, than of those only which cannot be retained without the loss of peace. Seeing then many rights are retained, when we enter into peace one with another, reason and the law of nature dictateth, Whatsoever right any man requireth to retain, he allow every other man to retain the same. For he that doth not so, alloweth not the equality mentioned in the former section. For there is no acknowledgement of the equality of worth, without attribution of the equality of benefit and respect. And this allowance of aequalia aequalibus, is the same thing with the allowing of proportionalia proportionalibus. For when a man alloweth to every man alike, the allowance he maketh will be in the same proportion, in which are the numbers of men to whom they are made. And this is it men mean by distributive justice, and is properly termed EQUITY. The breach of this law is that which the Greeks call Pleovezia, which is commonly rendered covetousness, but seemeth to be more precisely expressed by the word ENCROACHING.
3. If there pass no other covenant, the law of nature is, That such things as cannot be divided, be used in common,