Podcast
Questions and Answers
What are civil laws?
What are civil laws?
The laws that men are therefore bound to observe because they are members of a commonwealth.
Law in general is not counsel, what is it?
Law in general is not counsel, what is it?
A command.
What is civil law?
What is civil law?
Those rules which the commonwealth has commanded to distinguish right from wrong.
The sovereign of a commonwealth is subject to the civil laws.
The sovereign of a commonwealth is subject to the civil laws.
Signup and view all the answers
What is Hobbes's view of punishment?
What is Hobbes's view of punishment?
Signup and view all the answers
What does permission to punish imply?
What does permission to punish imply?
Signup and view all the answers
The right to punish can only be held by multiple parties.
The right to punish can only be held by multiple parties.
Signup and view all the answers
Where does the sovereign's right to punish come from?
Where does the sovereign's right to punish come from?
Signup and view all the answers
What does the right to punish mean in the second paragraph?
What does the right to punish mean in the second paragraph?
Signup and view all the answers
What is the right of nature?
What is the right of nature?
Signup and view all the answers
What is definitionally a punishment?
What is definitionally a punishment?
Signup and view all the answers
Private revenges can be considered punishments.
Private revenges can be considered punishments.
Signup and view all the answers
To be neglected and unpreferred by public favor is a punishment.
To be neglected and unpreferred by public favor is a punishment.
Signup and view all the answers
Evil inflicted without public condemnation is punishment.
Evil inflicted without public condemnation is punishment.
Signup and view all the answers
Evil inflicted by usurped power is punishment.
Evil inflicted by usurped power is punishment.
Signup and view all the answers
Pain inflicted without respect to future good is punishment.
Pain inflicted without respect to future good is punishment.
Signup and view all the answers
Natural evil consequences are considered punishments.
Natural evil consequences are considered punishments.
Signup and view all the answers
Hurt inflicted, if less than the benefit of transgressing, is punishment.
Hurt inflicted, if less than the benefit of transgressing, is punishment.
Signup and view all the answers
Hurt inflicted for a fact done before the law is punishable.
Hurt inflicted for a fact done before the law is punishable.
Signup and view all the answers
The representative of the commonwealth is unpunishable.
The representative of the commonwealth is unpunishable.
Signup and view all the answers
Hurt to revolted subjects is done by what right?
Hurt to revolted subjects is done by what right?
Signup and view all the answers
The punishments of innocent subjects are against the law of nature.
The punishments of innocent subjects are against the law of nature.
Signup and view all the answers
What leads to the dissolution of commonwealths?
What leads to the dissolution of commonwealths?
Signup and view all the answers
Study Notes
Civil Laws
- Civil laws bind individuals as members of a commonwealth, providing a framework for distinguishing right from wrong.
- They are dictated by the commonwealth’s authority through clear communication (word, writing, order).
Nature of Law
- Law is fundamentally a command, not merely advice; it is only valid if issued by someone with the authority to command.
Sovereignty and Civil Law
- The sovereign, whether a single ruler or an assembly, is not subject to civil laws.
Punishment and Sovereignty
- Natural rights do not provide an individual with the authority to punish.
- Punishment is exclusive to the sovereign, indicating that only one entity can enforce penalties.
Right to Punish
- The sovereign derives the right to punish from their natural rights, rather than a social contract.
- The sovereign is free from obligations that prevent them from using force against subjects.
Definition and Characteristics of Punishment
- Punishment is defined as a harm imposed by public authority for law transgressions, aiming to ensure obedience.
- Private acts of revenge or injury do not qualify as punishment as they come from personal motives, not public authority.
Forms of Punishment
- Neglect or lack of public favor does not constitute punishment since it doesn't inflict new harm.
- Publicly imposed harm without prior condemnation is regarded as an act of hostility rather than punishment.
Authority in Punishment
- Acts of punishment must originate from the lawful authority; usurpation of power renders the action a hostile act.
- Inflicting pain or harm without regard to future benefits or the intent of correction is not true punishment.
Principles of Justice
- Punishments cannot exceed the harm done and must be proportionate to the law.
- Inflicting hurt without legal transgressions does not amount to punishment.
Commonwealth Representation
- The representative of the commonwealth is deemed unpunishable under civil law.
Rights of Revolted Subjects
- Rights of warfare are applicable to revolted subjects, separating them from the legal concept of punishment.
- Inflicting punishment on innocent subjects contravenes natural law principles, highlighting the need for moral and legal integrity.
Commonwealth Integrity
- The failure of commonwealths often stems from their flawed structure and institution, suggesting a necessity for better governance to prevent dissolution.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Explore key concepts and definitions from Hobbes' 'Leviathan' specifically in chapters 26, 28-30. This quiz offers flashcards that break down essential terms such as civil laws and the nature of law, helping you understand the foundational ideas in Hobbes' political philosophy.
