Blackwell Reference Online

Extract

There are two formulations of the fundamental law of nature. The first formulation is the logically stronger one, and it occurs in both The Elements of Law (1640) and De Cive (1642). In that version, the first and fundamental law of nature is “that peace be sought after, where it may be found, and where not there to provide ourselves for helps of war” ( DC 2.2). It has two parts then: (1) to seek peace; (2) to use self-defense ( EL 1.15.1; DC 15.2). In Leviathan (1651), the fundamental law of nature consists of the first element only: to seek peace. Elements (1) and (2) are still combined, but under the title of “a precept or general rule of reason.” Element (1) is said to be the first law of nature, as I have just stated, and element (2) is said to be “the sum of the right of nature” ( L 14.4). Renaming the earlier formulation of the fundamental law of nature as a precept or general rule of reason is Hobbes's attempt to make the concept of the right of nature do some work. (It should be noted that Hobbes used the idea of the right of nature as the foil for explaining the idea of the law of nature at the beginning of chapter 14.) But the right of nature is logically superfluous. To the extent that element (1) of the fundamental law of nature can be derived from Hobbes's principles, element (2) can also. Self-preservation entails that one should make war if that is necessary ... log in or subscribe to read full text