Common Punishment

1870 Words4 Pages

One of the primary reasons both Locke and Hobbes form commonwealths is to punish violations of rights. Yet, each has different visions of what the ideal government looks like. These differences arise from their different views of punishment and the government’s authority. For Hobbes’ punishment “is an evil inflicted by public authority on him that hath done or omitted that which is judged by the same authority to be a transgression of the law, to the end that the will of men may thereby the better be disposed to obedience” (XXVIII.1),while for Locke politics is “a right of making laws with penalties of death, and consequently all less penalties, for the regulating and preserving of property, and of employing the force of the community, in the execution of such laws, and in the defense of the common-wealth from foreign injury, and all this only for the publick good” (§3). Although both philosophers’ definitions of punishment are relatively similar, Locke sees punishment as inherent to government as opposed to Hobbes who thinks punishment is inevitable but not inherent. Also, punishment in Hobbes is inflicted by the sovereign though not inherent to him, while for Locke punishment is a right given to the community. It is this difference that leads to different ideal forms of governments.

For Hobbes, punishment is the act of public authority inflicting harm on a man when he breaks a law to create better dispositions of obedience to the laws. Although punishment occurs naturally in the state of nature, it is not natural to the commonwealth. Hobbes writes “no man is supposed bound by covenant not to resist violence; and consequently, it cannot be intended that he gave any right to another to lay violent hands upon his person” (XXVIII.2...

... middle of paper ...

...even goes so far as to say “absolute monarchy, which by some men is counted the only government in the world, is indeed inconsistent with civil society, and so can be no form of civil government” (§90). For Locke, in the case of a monarch, man appeals to one man for the decision of fair punishment. It is the same as in the state of nature except the man being appealed to in not one’s self but an external earthly authority. In this way monarchy is the state of nature with the external guiding authority being a man instead of God. It then follows that to ensure fair treatment one must return to the state of nature. Hobbes’ only offered alternative is to appeal to God, which while effective is not a political alternative and can be achieved outside a commonwealth. Thus punishment is the means of enforcing law determined by the law inherent to a democratic government.

Open Document