Leviathan

It is the right of every human being in nature to use one’s own power as they see fit to preserve one’s life. Everyone is at liberty, which is to say their movements are not obstructed. The Laws of Nature, according to Hobbes, include a “generall Rule, found out by Reason,” under which a human being is forbidden to do anything that is destructive to one’s own life. It is important not to confuse “Right” with “Law”: a right means that one is at liberty to do something, while a law means that one is obligated to do something.

Humans’ natural condition is one in which everyone is at war with everyone else. Everyone is guided by the same reason—an obligation to preserve their life by any means necessary, as well as a right to anything and anyone that makes self-preservation possible or more likely. These natural rights mean there can never be any real security for human beings in nature; thus, it is a central Law of Nature that everyone must seek peace as long as peace is reasonable. If peace is deemed unreasonable, one may use every advantage possible to defend their life in a state of war. 

To ensure peace, one must “lay down” their right to violently defend their life, and others must do the same. To “lay down” a right is to deny one’s self the benefit of the right being forfeited. A right can be forfeited either by renouncing it or transferring it to someone else. If a right is renounced, said right is given to no one in particular; however, if a right is transferred, it is given to certain person or group of people. After a right is forfeited, the one who forfeited the right is obligated not to interfere with whoever is granted the right. The interference of a voluntary act after the fact is an injustice.  

Whenever a right is transferred from one person to another, it is a voluntary act in which the purpose is some perceived good for the preservation of one’s life. As such, there are some rights that can never be transferred to another, like the right to harm or kill another. The same can be said for imprisonment, as there is no benefit for the one who is imprisoned. Whenever a right is mutually passed from one to another, it is called a contract. In a contract is a pact, or covenant, that must be respected by both parties. When the transfer is not mutual, such as the forfeiture of a right in hopes of receiving friendship or favor in return, it is a free gift given with grace.   

Covenants are made either verbally (“I Give, I Grant”) or through inference, which can include the presence or absence of gestures and actions and even silence. As the state of nature is a state of war, it is not reasonable to expect a covenant to be honored in nature. There must be some common power over those who enter into a contract to compel them not to void the contract, as there is in civil society. To enter into a contract with savages is not possible, as there is no foundational understanding of speech and language. Nor is it possible to enter into a contract with God, as it is impossible to know if the terms are accepted.

A person is released from a covenant in one of two ways: either they perform the terms of the contract to its end, or they are forgiven the obligation by the one who transferred the right. A contract that is enter into in a state of fear is still valid, but a contract that begins under a state of torture is not, as one will do or say anything to preserve their life.

Words alone are too weak to bind people in a covenant, but this weakness is strengthened by fear of the consequences of breaking a contract. Fear of consequences comes in the form of fear of “The Power of Spirits Invisible” and of the power of those who will be offended if the contract is broken. In the absence of a common power and civil society, the only way a contract can be ensured is to swear an oath to God, but who or what one considers a god varies. An oath sworn where there is no belief in a god is not an oath. In general, the swearing of an oath does nothing to strengthen a contract, as a covenant is bound before God regardless of an oath.