Appendix: Hobbes Index

[Page references are to Schneider edition]1

Liberty

1.Liberty—Physical concept of absence of external impediments to motion, called by Hobbes natural liberty: 170ff, cf. 212

and deliberation: 59 and free will: 171f free man df: 171

relation to power, absence of internal impediments: 171

liberty is true only of the person, the man: not to will or anything not a person, man: 171

2.Liberty and Right: contrasted with Law and Obligation: 228f

3.Liberty of Subjects: 170–180, 212f

(i)Liberty of Silence, liberty of exemption from laws: 172f, 228f, cf. 211f, 228, some enumerated 173

(ii)True Liberties of Subject df: 175; see 117f

—may resist Sovereign’s punishment: 176 (cf. 117 on contracts to contrary void)

—may resist demand to confess: 176 (cf. 117 on contracts to contrary void)

—may refuse dangerous mission when commonwealth not at stake: 177, 289f

—rebels in self-defense singly and together do no further unjust act: 177f

—includes right to be honored by one’s children, for such right not nec sov: 267

1. Hobbes, Leviathan, Parts I and II, ed. Herbert W. Schneider (New York: Library of Liberal Arts, 1958).

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Appendix: Hobbes Index

Liberty of the Commonwealth ≠ liberty of subjects: 174f

Liberties incompatible with Sovereign power cannot be granted (are void): 179

Liberty of Nature returns after Sovereign relinquishes Sovereignty: 180

Obligation of Subjects lasts so long as Sovereign can protect them: 179f

Aim of Law is to limit the natural liberties so they assist one another: 212f

Liberty and Equity: it is equity that in whatsoever not regulated, each equal enjoys natural liberty: 228

Liberty of conscience: 17–20 (re inquisition, etc.) Right of Sovereign to limit: 18ff

Right to Educate one’s children: 267

Does it limit the Sovereign? Or does Hobbes mean a Sovereign who makes good laws allows it: 267

4.Liberties that cannot be relinquished by covenant:

(i)right to be honored by one’s children: 267

(ii)right men have by nature to protect themselves: 179

(hence obligation to Sovereign ceases when Sovereign power breaks down [or is relinquished] 180)

5. Liberty and fear consistent: 171

Justice

Justice, natural science of, only science needed by Sovereigns to govern: 287

Justice, foundation and original of: that men perform their covenants made: 3rd law of nature: violation of laying down right by covenant injustice and absurdity: 111; 119f; 122; 212; Reply to Fool 120–123

Why Injustice presupposes the erection of Sovereign power: otherwise mutual trust and covenants are not valid: 120, cf. 115, where no common power, no law, no justice 108

That which all will have so is not unjust; justice compared to laws of gaming: 272; cf: 146, 212

Justice as keeping of covenants a Law of Nature: 122; 139; Unjust to vow

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h o b b e s

contrary to Laws of Nature: 116; he that fulfills the Laws of Nature is just: 131

Justice applied to persons and their character: 123f; 215 Justice applied to actions: 123ff

commutative justice: 124f

natural justice: 129f, 216, 190, 194f distributive justice: 124f, 225

just price (value): 125

Justice as right reason relies on conventional standard: 46 (cf re good: 53, 54)

Justice in arbitration: 125 Justice as defined by (existing) law:

Just = he that in his actions observes the laws of his country: 39 Laws are rules of just and unjust: 211; 7; 15

Obedience to the civil law is just since required by covenant: 212 Justice and Propriety: both presuppose Sovereign power: 198, 120 as

giving each their due: 198, 120 Just law ≠ good law 271f

Law requires interpretation and this is Sovereign’s reason and just judgments look to this: 214

Justice as an inconstant name: and signifies disposition and interest of speaker: 45

Natural Punishment of Injustice as violation of Laws of Nature: the violence of enemies: 287

Justice and Injustice are not faculties of body or mind; they are qualities that relate men in society: 108

No justice in a State of Nature: 108; no injustice in a State of Nature: 120

In State of Nature men are judges of justness of their own fears: 115 In State of Nature people fought and plundered one another justly: 140

Subject cannot accuse Sovereign of Injustice since subject is author of all the Sovereigns and it is impossible to do injury to oneself: 146, cf. 173, 178, (cf. 212); 144; 149; 184

Sovereign may commit injury but not injustice: 146; 173f

In a commonwealth justice and force must lie in one hand: 214

Sovereign’s reason decides the law and judges must look to that, else their judgments unjust: 214

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Appendix: Hobbes Index

Justice as an end of the Social Contract: 150

Reply to the Fool: justice (as keeping covenants) not contrary to reason: 120–123

Rebels in resisting Sovereign commit no further unjust acts: 177f Unjust to have private forces: 191

Cowards act dishonorably, not unjustly: 177

Association and leagues of private men for evil intent is unjust: 191

Sovereign and Sovereign’s Powers

1.Aim of the Social Contract in setting up Sovereign: 139, 143, 147, 150, 159, 176, 262

State of Nature as determining Prerequisites of Sovereign: 139–142 Social Contract: Formal and material def: 142, 143f

2.Rights and Powers of Sovereign: 144–150

(General)

As great as possibly can be imagined 169, as unlimited is given authority without stint: 135, 142, 181, 252, 151f

Powers of same wherever placed: 151, 152 Powers and Establishment of not revocable: 144f Regress argument for absolute Sovereign: 170, 225 Contra Balance of Powers (in const): 259

Rights of succession: 159–162; 180

Sovereign grants of right must be interpreted consistent with Sovereign Power: 179

3. Rights and Powers of Sovereign (Particular Powers)

Sovereign cannot be punished: 147; is not subject to civil law: 211f, 254f

Sovereign has right to judge means of peace and war: 147f Sovereign has power to regulate speech and books: 147f

Sovereign determines rules and definition of propriety (property): 148; 198f; and of trade and contracts: 200f

Sovereign has judicial authority: 148

Sovereign has rights of appointment, rewards and honor: 149 Sovereign is legislator of the laws: 211f

Sovereign judges what is reasonable customs: 212

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