Rawls J. Lectures on the History of Political Philosophy

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(b) Given that the Social Contract is entered into and publicly recog-

nized on some occasion, any one person who contemplates not adhering

cannot presume that, from that moment on, sufﬁciently severe sanctions to

ensure general compliance will not follow. Reputation of power is power:

that is, the general and public recognition that the Social Contract has been

made may, in Hobbes’s view, give everyone sufﬁcient reason for believing

that, from now on, the designated Sovereign will be effective, or will proba-

bly be effective. When the probability is great enough, general compliance

results; and with the passage of time, as the effectiveness of the Sovereign is

demonstrated, this probability increases. Eventually everyone has strong in-

ductive grounds for believing the Sovereign is and will be effective. (Is this

line of reasoning plausible?)

5. Note that the Sovereign is not a party to the Social Contract as

Hobbes describes it. But this actually is not the crucial point because when

the Sovereign is established by acquisition, the Sovereign is a party to the

pact of acquisition: 20:103f. What is crucial is that both in authorization by

the Social Contract and in pact by submission before a victor, those who be-

come subjects accept the Sovereign’s discretion and give up to the Sover-

eign the right to govern themselves, that is, to exercise their judgment, for

example, to judge whether the Sovereign’s laws and policies are good, and

to voice their opinions accordingly.

6. Thus, it is perhaps best to say (or is it?) that in Hobbes the Social

Contract is purely notional: the end result of both ways of setting up the

Sovereign are the same, practically speaking. However historically the Sov-

ereign may have been established, citizens are equally subject to the Sover-

eign’s discretion, and have now and henceforth, the same reasons for com-

pliance with the Sovereign’s authority, namely, the assured prospects of a

stable State of the Leviathan and the avoidance of the evils of the State of

Nature.

C. The Relation between Justice and the Public Good:

1. How are we to understand Hobbes’s repeated assertions that al-

though the Sovereign’s enactments are necessarily just and the Sovereign

cannot injure its subjects, the Sovereign may enact laws that are bad and

not good, and the Sovereign may do iniquity? Plainly we must distinguish

between the justice and the goodness of the Sovereign’s laws so that the

statements referred to above are not incompatible.

2. When Hobbes says that the Sovereign’s laws are necessarily just, he

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is not saying, I think, that the fact that the Sovereign has effective power

is what makes the Sovereign’s laws just. The existence of an effective Sover-

eign does not alter the content of the Laws of Nature. These are unchang-

ing and rooted in the deep and general facts of human nature and the

normal circumstances of human life. The role of the Sovereign (see above

in A) is to stabilize civic life and to make it safe for us to honor our cove-

nants; and this renders them valid. The third Law of Nature, the founda-

tion of justice, which is to honor covenants, is not itself the creation of the

Sovereign.

3. The Sovereign’s laws are just, and the Sovereign cannot injure its sub-

ject, because the Sovereign arises either by authorization or by pact of sub-

mission, which authorization or pact gives the Sovereign all necessary pow-

ers to make the Sovereign effective. Thus, in either case, the Sovereign’s

powers are authorized by a valid covenant which is such as to authorize all

that the Sovereign does. Hence, by the third Law of Nature, the Sovereign’s

enactments and deeds are just. See 30:181f.

4. Yet the Sovereign may enact laws that are not good and do things

that hurt the commonwealth, or the public good. For the public good is,

roughly speaking, the furtherance of those institutions and social condi-

tions under which rational citizens may act to secure their self-preservation

and the means of a commodious life. And of course about these institu-

tions and social conditions the Sovereign, being human, may make mistakes

or grievous errors either from ignorance, or, of course, from pride and

vainglory, and so on.

Hobbes Lecture IV: Appendix B

Reg arding Contr ast Between De Cive and Leviathan

re institution of the Sovereign

1. As noted above, Hobbes does describe the Social Contract that insti-

tutes the Sovereign differently in the two works. In the ﬁrst he says we sur-

render our rights; in the other we authorize the Sovereign as our agent.

Thus the formal system of notions is different.

2. At ﬁrst the change seems to affect Hobbes’s conception of the unity

of society; it appears to provide more unity since the same public person is

our authorized agent.

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3. But while the formal notions used to describe the covenant are differ-

ent, and do yield greater unity formally speaking; Hobbes so stretches the

usual notion of authorization—or deputizing someone as our agent—that

there is no material or substantive difference between the two accounts.

4. This is so because:

(a) The authorization is so comprehensive: we give up the right of

governing ourselves to the Sovereign, which goes well beyond deputizing an-

other.

(b) Because it is permanent and irrevocable, which no authorization is

(normally understood).

eign is doing properly (rationally) those things the Sovereign was autho-

rized to do; which again no authorization does.

(d) Because in effect as Hobbes describes it authorization of the Sov-

ereign is submission (and?) a mutual pact thereto; we submit our wills every

one to the Sovereign’s will, our judgments to the Sovereign’s judgments.

(Citation for a–d: Ch. 17, p. 142)

(e) Because authorization has all the same formal consequences and

yields the Sovereign the same Powers, as pact of submission to a victorious

conqueror.

(f ) In both Sovereign by Authorization and by acquisition, the motive

is fear, in the former fear of one another, in the other fear of the conqueror

who is victorious. Thus in practical effect, the Social Contract, however de-

scribed, is a Pact of Submission.

(Citation for d–e: Ch. 20:2, p. 163)

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Appendix: Hobbes Index

[Page references are to Schneider edition]

Liberty

1. Liberty—Physical concept of absence of external impediments to motion,

called by Hobbes natural liberty: 170ff, cf. 212

and deliberation: 59

and free will: 171f

free man df: 171

relation to power, absence of internal impediments: 171

liberty is true only of the person, the man: not to will or anything not a

person, man: 171

2. Liberty and Right: contrasted with Law and Obligation: 228f

3. Liberty of Subjects: 170–180, 212f

(i) Liberty of Silence, liberty of exemption from laws: 172f, 228f, cf.

211f, 228, some enumerated 173

(ii) True Liberties of Subject df: 175; see 117f

—may resist Sovereign’s punishment: 176 (cf. 117 on contracts to con-

trary void)

—may resist demand to confess: 176 (cf. 117 on contracts to contrary

void)

—may refuse dangerous mission when commonwealth not at stake:

177, 289f

—rebels in self-defense singly and together do no further unjust act:

177f

—includes right to be honored by one’s children, for such right not

nec sov: 267

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Liberal Arts, 1958).

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Liberty of the Commonwealth ≠ liberty of subjects: 174f

Liberties incompatible with Sovereign power cannot be granted (are

void): 179

Liberty of Nature returns after Sovereign relinquishes Sovereignty:

180

Obligation of Subjects lasts so long as Sovereign can protect them:

179f

Aim of Law is to limit the natural liberties so they assist one another:

212f

Liberty and Equity: it is equity that in whatsoever not regulated, each

equal enjoys natural liberty: 228

Liberty of conscience: 17–20 (re inquisition, etc.)

Right of Sovereign to limit: 18ff

Right to Educate one’s children: 267

Does it limit the Sovereign? Or does Hobbes mean a Sovereign

who makes good laws allows it: 267

4. Liberties that cannot be relinquished by covenant:

(i) right to be honored by one’s children: 267

(ii) right men have by nature to protect themselves: 179

(hence obligation to Sovereign ceases when Sovereign power breaks

down [or is relinquished] 180)

5. Liberty and fear consistent: 171

Justice

Justice, natural science of, only science needed by Sovereigns to govern:

287

Justice, foundation and original of: that men perform their covenants made:

3rd law of nature: violation of laying down right by covenant injustice and

absurdity: 111; 119f; 122; 212; Reply to Fool 120–123

Why Injustice presupposes the erection of Sovereign power: otherwise mu-

tual trust and covenants are not valid: 120, cf. 115, where no common

power, no law, no justice 108

That which all will have so is not unjust; justice compared to laws of gam-

ing: 272; cf: 146, 212

Justice as keeping of covenants a Law of Nature: 122; 139; Unjust to vow

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contrary to Laws of Nature: 116; he that fulﬁlls the Laws of Nature is

just: 131

Justice applied to persons and their character: 123f; 215

Justice applied to actions: 123ff

commutative justice: 124f

natural justice: 129f, 216, 190, 194f

distributive justice: 124f, 225

just price (value): 125

Justice as right reason relies on conventional standard: 46 (cf re good: 53,

54)

Justice in arbitration: 125

Justice as deﬁned by (existing) law:

Just = he that in his actions observes the laws of his country: 39

Laws are rules of just and unjust: 211; 7; 15

Obedience to the civil law is just since required by covenant: 212

Justice and Propriety: both presuppose Sovereign power: 198, 120 as

giving each their due: 198, 120

Just law ≠ good law 271f

Law requires interpretation and this is Sovereign’s reason and just

judgments look to this: 214

Justice as an inconstant name: and signiﬁes disposition and interest of

speaker: 45

Natural Punishment of Injustice as violation of Laws of Nature: the vio-

lence of enemies: 287

Justice and Injustice are not faculties of body or mind; they are qualities

that relate men in society: 108

No justice in a State of Nature: 108; no injustice in a State of Nature:

120

In State of Nature men are judges of justness of their own fears: 115

In State of Nature people fought and plundered one another justly: 140

Subject cannot accuse Sovereign of Injustice since subject is author of all the

Sovereigns and it is impossible to do injury to oneself: 146, cf. 173, 178, (cf.

212); 144; 149; 184

Sovereign may commit injury but not injustice: 146; 173f

In a commonwealth justice and force must lie in one hand: 214

Sovereign’s reason decides the law and judges must look to that, else their

judgments unjust: 214

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Justice as an end of the Social Contract: 150

Reply to the Fool: justice (as keeping covenants) not contrary to reason:

120–123

Rebels in resisting Sovereign commit no further unjust acts: 177f

Unjust to have private forces: 191

Cowards act dishonorably, not unjustly: 177

Association and leagues of private men for evil intent is unjust: 191

Sovereign and Sovereign’s Powers

1. Aim of the Social Contract in setting up Sovereign: 139, 143, 147, 150, 159,

176, 262

State of Nature as determining Prerequisites of Sovereign: 139–142

Social Contract: Formal and material def: 142, 143f

2. Rights and Powers of Sovereign: 144–150

(General)

As great as possibly can be imagined 169, as unlimited is given author-

ity without stint: 135, 142, 181, 252, 151f

Powers of same wherever placed: 151, 152

Powers and Establishment of not revocable: 144f

Regress argument for absolute Sovereign: 170, 225

Contra Balance of Powers (in const): 259

Rights of succession: 159–162; 180

Sovereign grants of right must be interpreted consistent with Sover-

eign Power: 179

3. Rights and Powers of Sovereign

(Particular Powers)

Sovereign cannot be punished: 147; is not subject to civil law: 211f,

254f

Sovereign has right to judge means of peace and war: 147f

Sovereign has power to regulate speech and books: 147f

Sovereign determines rules and deﬁnition of propriety (property): 148;

198f; and of trade and contracts: 200f

Sovereign has judicial authority: 148

Sovereign has rights of appointment, rewards and honor: 149

Sovereign is legislator of the laws: 211f

Sovereign judges what is reasonable customs: 212

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Sovereign determines liberties of silence: 173, 228

Sovereign determines what is to be obeyed as divine law: 226ff (when

not contrary to moral law 226)

4. Ofﬁce and Duties of Sovereign

Sovereign bound by Laws of Nature: 158, 173, 182, 244, 262, 270, 199

Sovereign cannot treat subjects unjustly nor do them injury: 144, 146,

173, 178

...butcandothem iniquity: 146, 199

. . . and may err in equity: 219

Duty of Sovereign to make good laws: 262, 271ff, 275f

Good laws what: 271ff, cf. Def good and evil: 15, 53f, 131f, 253f;

and 46

Making law rational faculty of commonwealth: 259, 23, 214

Sovereign via civil law is judge of good and evil: 253, 259

End of Sovereign’s laws safety of the people: 262, and by general

providence: 267

Good of Sovereign and People cannot be separated: 272

Sovereign ﬁt arbitrator: as agreed upon in Social Contract: 194;

cf. 129, 46, 274

Laws of Nature

0. Def. Law of Nature = precept or rule, found out by reason by which for-

bidden to do that destructive of our life etc: 14:3

1. Laws of Nature dictate peace for the means of the conservation of men

in multitudes. I:15:25 (S. 130)

2. These laws summed up: Do not do to another etc. I:15:26

3. Laws of Nature bind in foro interno to a desire they should be followed:

I:15:27–28

4. Science of Laws of Nature is the true and only moral phil: I:15:30

5. Laws of Nature are improperly so-called, being but conclusions concern-

ing what conduces to our conservation: 15:30

Content of Laws of Nature

1. 1st and 2nd Laws: (i) to seek peace and follow it, (ii) to lay down one’s

right subject to rule reciprocity. These branches of general rule to endeavor

peace: 14:6–7

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2. 3rd Law: to perform covenants made: 15:1–3

Def. covenant and their validity: 14:12–29; 15:3

Justice: 15:1–9

Reply to Fool: 15:4

3. 4th–10th Law: injunction to virtues and dispositions of sociable reason-

able association: 15:10–18

4. 11th–19th Laws: Precepts of Equity and Natural Justice: 15:17–25

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