Thomas Hobbes' Concept of Natural Law

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Thomas Hobbes’ concept of natural law is shown in his theory of the state of nature, the pre-state environment, and consists of two laws: individuals have to pursue a peaceful life, and are allowed to defend their existence by any means possible. This has particular ramifications in the formation of civil society, especially in terms of loyalty, morality and the relationship between man and the leviathan that is the state. Hobbes’ theory has two of flaws in particular – the logic in his theory of the state of nature, and the relationship he expects mankind to have with the state.

Hobbes’ theory of natural law is based on the premise that individuals are atomistic, rational, self-centred, and in a perpetual state of conflict and competition with one another. In this state individuals have complete liberty to do as each individual wills and to pursue their own interests (particularly that of maintaining one’s own life) , . Man in the state of nature is bound by two natural laws, which are “to seek peace and follow it [and] by all means we can, to defend ourselves” . Egoism effectively abolishes any idea of private property for Hobbes – survival is the ultimate short-term goal, with peace being the long-term goal, so any action that enables one to survive best is viable, including theft and murder. These two rules reinforce one another - in essence the objective within the state of nature is to escape it by securing one’s safety and thus staying alive. Because individuals in the state of nature are rational, Hobbes believes they will consent to sacrificing some liberties in the hope of attaining this safety from one another. They will therefore form a social contract or what Hobbes terms a “covenant” between one another, establis...

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...6, no.1 (October 2003). http://www.jstor.org.ezproxy.auckland.ac.nz/stable/3235425?&Search=yes&searchText=Hobbes&searchText=Natural&searchText=Law&list=hide&searchUri=%2Faction%2FdoAdvancedSearch%3Fq0%3DHobbes%26f0%3Dall%26c1%3DAND%26q1%3DNatural%2BLaw%26f1%3Dall%26acc%3Don%26wc%3Don%26Search%3DSearch%26sd%3D%26ed%3D%26la%3D%26jo%3D&prevSearch=&item=5&ttl=14226&returnArticleService=showFullText (May 9, 2011)

Kahl, Jeff. “Thomas Hobbes and the Seeds of Liberalism.” Res Publica 6, no.1 (1995). http://www.ashbrook.org/publicat/respub/v6n1/kahl.html (May 7, 2011).

Thigpen, Robert Byron. Liberty and Community: The Political Philosophy of William Ernest Hocking. The Hague: Martinus Nijhoff, 1972.

Thomspon, E.P., Douglas Hay, Peter Linebaugh, John G. Rule, Cal Winslow. Albion’s Fatal Tree: Crime and Society in Eighteenth Century England. London: Allen Lane, 1975: 17-22.

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