Questions and Answers
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?
A command.
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.
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What is Hobbes's view of punishment?
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What does permission to punish imply?
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The right to punish can only be held by multiple parties.
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Where does the sovereign's right to punish come from?
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What does the right to punish mean in the second paragraph?
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What is the right of nature?
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What is definitionally a punishment?
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Private revenges can be considered punishments.
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To be neglected and unpreferred by public favor is a punishment.
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Evil inflicted without public condemnation is punishment.
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Evil inflicted by usurped power is punishment.
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Pain inflicted without respect to future good is punishment.
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Natural evil consequences are considered punishments.
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Hurt inflicted, if less than the benefit of transgressing, is punishment.
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Hurt inflicted for a fact done before the law is punishable.
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The representative of the commonwealth is unpunishable.
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Hurt to revolted subjects is done by what right?
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The punishments of innocent subjects are against the law of nature.
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What leads to the dissolution of commonwealths?
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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.
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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.
