Modern History Sourcebook:

Thomas Hobbes: Leviathan, Chaps 13-14, 1651

CHAPTER XIII:
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 some
what 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 how so ever 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 any thing than that every man is contented with his share.

From this equality of ability arise the quality 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) endeavour 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 labour, but also of his life or liberty. And the
invader again is in the like danger of another.

And from this diffidence of one another, there is no way for any man to secure himself so reasonable
as anticipation; that is, by force, or wiles, to master the persons of all men he can so long till he see no
other power great enough to endanger him: and this is no more than his own conservation requireth,
and is generally allowed. Also, because there be some that, taking pleasure in contemplating their own
power in the acts of conquest, which they pursue farther than their security requires, if others, that
otherwise would be glad to be at ease within modest bounds, should not by invasion increase their
power, they would not be able, long time, by standing only on their defence, to subsist. And by
consequence, such augmentation of dominion over men being necessary to a man's conservation, it
ought to be allowed him.

Again, men 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
endeavours, 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 is 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.

It may seem strange to some man that has not well weighed these things that Nature should thus
dissociate and render men apt to invade and destroy one another: and he may therefore, not trusting
to this inference, made from the passions, desire perhaps to have the same confirmed by experience.
Let him therefore consider with himself: when taking a journey, he arms himself and seeks to go well
accompanied; when going to sleep, he locks his doors; when even in his house he locks his chests; and
this when he knows there be laws and public officers, armed, to revenge all injuries shall be done him;
what opinion he has of his fellow subjects, when he rides armed; of his fellow citizens, when he locks
his doors; and of his children, and servants, when he locks his chests. Does he not there as much
accuse mankind by his actions as I do by my words? But neither of us accuse man's nature in it. The
desires, and other passions of man, are in themselves no sin. No more are the actions that proceed
from those passions till they know a law that forbids them; which till laws be made they cannot know,
nor can any law be made till they have agreed upon the person that shall make it.

It may peradventure be thought there was never such a time nor condition of war as this; and I believe
it was never generally so, over all the world: but there are many places where they live so now. For the
savage people in many places of America, except the government of small families, the concord
whereof dependeth on natural lust, have no government at all, and live at this day in that brutish
manner, as I said before. Howsoever, it may be perceived what manner of life there would be, where
there were no common power to fear, by the manner of life which men that have formerly lived under
a peaceful government use to degenerate into a civil war.

But though there had never been any time wherein particular men were in a condition of war one
against another, yet in all times kings and persons of sovereign authority, because of their
independency, are in continual jealousies, and in the state and posture of gladiators, having their
weapons pointing, and their eyes fixed on one another; that is, their forts, garrisons, and guns upon
the frontiers of their kingdoms, and continual spies upon their neighbours, which is a posture of war.
But because they uphold thereby the industry of their subjects, there does not follow from it that
misery which accompanies the liberty of particular men.

To this war of every man against every man, this also is consequent; that nothing can be unjust. The
notions of right and wrong, justice and injustice, have there no place. Where there is no common
power, there is no law; where no law, no injustice. Force and fraud are in war the two cardinal virtues.
Justice and injustice are none of the faculties neither of the body nor mind. If they were, they might be
in a man that were alone in the world, as well as his senses and passions. They are qualities that relate
to men in society, not in solitude. It is consequent also to the same condition that there be no
propriety, no dominion, no mine and thine distinct; but only that to be every man's that he can get,
and for so long as he can keep it. And thus much for the ill condition which man by mere nature is
actually placed in; though with a possibility to come out of it, consisting partly in the passions, partly in
his reason.

The passions that incline men to peace are: fear of death; desire of such things as are necessary to
commodious living; and a hope by their industry to obtain them. And reason suggesteth convenient
articles of peace upon which men may be drawn to agreement. These articles are they which
otherwise are called the laws of nature, where of I shall speak more particularly in the two following
chapters.

CHAPTER XIV
OF THE FIRST AND SECOND NATURAL LAWS, AND OF CONTRACTS
THE right of nature, which writers commonly call jus naturale, is the liberty each man hath to use his
own power as he will himselff or the preservation of his own nature; that is to say, of his own life; and
consequently, of doing anything which, in his own judgement and reason, he shall conceive to be the
aptest means thereunto.

By liberty is understood, according to the proper signification of the word, the absence of external
impediments; which impediments may oft take away part of a man's power to do what he would, but
cannot hinder him from using the power left him according as his judgement and reason shall dictate
to him.

A law of nature, lex naturalis, is a precept, or general rule, found out by reason, by which a man is
forbidden to do that which is destructive of his life, or taketh away the means of preserving the same,
and to omit that by which he thinketh it may be best preserved. For though they that speak of this
subject use to confound jus and lex, right and law, yet they ought to be distinguished, because right
consisteth in liberty to do, or to forbear; whereas law determineth and bindeth to one of them: so that
law and right differ as much as obligation and liberty, which in one and the same matter are
inconsistent.

And because the condition of man (as hath been declared in the precedent chapter) is a condition of
war of every one against everyone, in which case every one is governed by his own reason, and there
is nothing he can make use of that may not be a help unto him in preserving his life against his
enemies; it followeth that in such a condition every man has a right to every thing, even to one
another's body. And therefore, as long as this natural right of every man to every thing endureth, there
can be no security to any man, how strong or wise soever he be, of living out the time which nature
ordinarily alloweth men to live. And consequently it is a precept, or general rule of reason: that every
man ought to endeavour peace, as far as he has hope of obtaining it; and when he cannot obtain it,
that he may seek and use all helps and advantages of war. The first branch of which rule containeth
the first and fundamental law of nature, which is: to seek peace and follow it. The second, the sum of
the right of nature, which is: by all means we can to defend ourselves.

From this fundamental law of nature, by which men are commanded to endeavour peace, is derived
this second law: that a man be willing, when others are so too, as far forth as for peace and defence of
himself he shall think it necessary, to lay down this right to all things; and be contented with so much
liberty against other men as he would allow other men against himself. For as long as every man
holdeth this right, of doing anything he liketh; so long are all men in the condition of war. But if other
men will not lay down their right, as well as he, then there is no reason for anyone to divest himself of
his: for that were to expose himself to prey, which no man is bound to, rather than to dispose himself
to peace. This is that law of the gospel: Whatsoever you require that others should do to you, that do
ye to them. And that law of all men, quod tibi fieri non vis, alteri ne feceris.

To lay down a man's right to anything is to divest himself of the liberty of hindering another of the
benefit of his own right to the same. For he that renounceth or passeth away his right giveth not to any
other man a right which he had not before, because there is nothing to which every man had not right
by nature, but only standeth out of his way that he may enjoy his own original right without hindrance
from him, not without hindrance from another. So that the effect which redoundeth to one man by
another man's defect of right is but so much diminution of impediments to the use of his own right
original.

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, as
being sine jure; the right being before renounced or transferred. So that injury or injustice, in the
controversies of the world, is somewhat like to that which in the disputations of scholars is called
absurdity. For as it is there called an absurdity to contradict what one maintained in the beginning; so
in the world it is called injustice, and injury voluntarily to undo that which from the beginning he had
voluntarily done. The way by which a man either simply renounceth or transferreth his right is a
declaration, or signification, by some voluntary and sufficient sign, or signs, that he doth so renounce
or transfer, or hath so renounced or transferred the same, to him that accepteth it. And these signs are
either words only, or actions only; or, as it happeneth most often, both words and actions. And the
same are the bonds, by which men are bound and obliged: bonds that have their strength, not from
their own nature (for nothing is more easily broken than a man's word), but from fear of some evil
consequence upon the rupture.

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 himself. And therefore there be
some rights which no man can be understood by any words, or other signs, to have abandoned or
transferred. As first a man cannot lay down the right of resisting them that assault him by force to take
away his life, because he cannot be understood to aim thereby at any good to himself. The same may
be said of wounds, and chains, and imprisonment, both because there is no benefit consequent to such
patience, as there is to the patience of suffering another to be wounded or imprisoned, as also
because a man cannot tell when he seeth men proceed against him by violence whether they intend
his death or not. And lastly the motive and end for which this renouncing and transferring of right is
introduced is nothing else but the security of a man's person, in his life, and in the means of so
preserving life as not to be weary of it. And therefore if a man by words, or other signs, seem to
despoil himself of the end for which those signs were intended, he is not to be understood as if he
meant it, or that it was his will, but that he was ignorant of how such words and actions were to be
interpreted.
The mutual transferring of right is that which men call contract.