Introduction
Hobbes is one of the few philosophers who has been revered for his knowledge of politics. Some of his propositions are still currently being used in the political arena thus depicting the great influence that he had. Moreover, Hobbes alongside Machiavelli is deemed as a representative of classical realism. The contentious issue has, however, been whether Hobbes is a philosopher of war or peace. In regards to international politics, many remember Hobbes for his idealistic opinion that the self-interested quest for dominance is an aspect that only results in death. Whether something is right of just is a question that one would seek to answer by inferring to Hobbes` theories. Thomas Hobbes has suggested that the first law of nature is Peace which is a useful starting point for a legal system.
One of Hobbes main quests was to make the rulers immune from accusations of injustice. Peace according to Hobbes is achieved by means of a social construct. He indicates that one of the surest ways that can guarantee this is ensuring that the rulers ascertain that the rights of their subjects are governed in an equitable manner by ensuring that fairness and justices prevails(). Besides, this is also likely to ensure that peace prevails in regards to the protection of people from violent infringements. When peace within the society is made to last longer, the governing authority is likely to experience lesser duress. People also ought to relinquish their right to nature by ensuring they partake in just things for their own self-preservation. Ford`s The Leviathan offers the most detailed account pertaining to this law. Further laws are dictated by Hobbes, which are bound to ensure that individuals maintain a peaceful and just coexistence.
One of the most useful starting point for a legal system is Hobbes` law of nature. This is a general conception devised through this reasoning. It upholds the preservation of human life and greatly condemns any act that is capable of destroying the life of an individual. This differs from civil law which has to be written down in order for individuals to uphold whatever it suggests. The natural law is unwritten and clearly understood by al owing to its innate mental faculties (Hobbes, 2016). Based on Hobbes` understanding any natural man has to preserve peace in order to preserve the life of another. The first most important element of the law is for one to seek peace and ensure that they follow it. Secondly, people have a right to defend themselves, and also by maintaining peace one manages to fulfil their natural right of self-defense.
Individuals should also seek by mutually depriving themselves of certain rights. For example, the right to take the life of an individual. This is important since it ensures that humans are able to escape from natural war. In the event that other people are willing to keep peace, one should be ready to do the same by being contented with liberty towards other individuals. It is a form of moral obligation which people cannot distance themselves from. One can for instance, give up their right to kill another person if they also give up their right to kill them. It is basically a form of contract which people get into with the intention of ensuring that peace prevails. Self-preservation or defense, is nevertheless, something that people should never give up since it is the basis by which the entire idea was formulated. Defense becomes a necessity when all other efforts fail.
Further insight is provided by Hobbes indicating that people have a moral obligation to uphold the contracts made despite the fact that it is not easy to come up with such agreements. This appears to be the foundation of just and fair practices. It is, nonetheless, a contract that is broken owing to the intense desire for power by individuals (Sagar, 2018). This further manages to provide a foundation for the fourth law which requires that gratitude is shown to people who uphold whatever has been stipulated in the contract of nature.
In order for peace to prevail, there is a dire necessity to show gratitude whenever another person appears to have full regard for the natural law. Individuals, must also learn to accommodate others since this is likely to guarantee that they protect the contract created rather than argue about it (Thompson, 2017). For peace to become a reality within a society, forgiveness is a virtue that one should seek to attain. One ought to pardon others for past offenses. In this cases, if a punishment is necessary, it should only be used as a tool for correcting people from their wrongdoings and also as a means of safeguarding the contract.
Hobbes indicates that it is necessary for people to refrain from making offensive remarks about others. This is because, it is an element that is likely to bring about conflict and thus manage to distort peace. Moreover, pride has to be avoided at all cost. It is necessary for a person to maintain the rights recognizable for each individual they engage in. The idea of founding law based on Hobbes` concepts is further strengthened by his advocacy for impartiality. This an aspect which requires that all individuals are treated equally regardless of their differences. There are also some resources which are undividable such as rivers, which have to be used by all rather than being set aside for a specific group of people. It is also necessary for the people who constantly work to maintain peace to left to live in peace (Thompson, 2017). In the event that a dispute emerges, people need to solicit the services of an arbitrator. The witnesses ought to be present in the course of arbitration so that they can offer an account of what they saw in order for justice to be administered to the victim.
Additional usefulness of Hobbes` proposition is observed where he asserts that one is not supposed to do to another person what they would not do to themselves. For instance, a person is not expected to inflict harm on another since they would not do this in their own right sense of mind. This the basis of moral philosophy. The term law can often be deceptive when utilized in certain discourses, however, it is simply a means which governing authorities use to draw conclusions (HAARA, 2018). But based on the sense of natural law, God offers a basis for the living conditions and actions which people are expected to indulge in. Also, this manages to distinguish between two distinct types of individuals, namely: The natural and artificial person. The latter person is one whose words are adopted from someone else, whereas the natural individual is the one whose words are conceived from their own thoughts.
A more powerful argument is deduced by Hobbes indicating that there would be a great difficulty in the event that the society chose to exist in the absence of an overarching authority. Having a form of government is an important aspect that is capable of ascertaining the security of people. This came after some theorists proposed the existence of Anarchism (living without a government) would be appropriate for the maintenance of peace within the society. Hobbes believes in the value of individuals competing fairly to acquire the basic necessities of life and also other material gains (Thompson, 2017). He further discourages those who seek to attain their desires by violent means. The prevalence of law and the existence of statutes is, therefore, a great necessity which requires that all people are entitled to equal opportunities. On the contrary, Hobbes seems perturbed by the idea that some people would still be unable to do what is perceived as right and just even in the absence of a government.
According to Hobbes, peace should be maintained even when it appears as it has essentially been threatened. In case a threat to peaceful coexistence emanates, people are not entirely deprived off their personal liberty. A person has to make a firm resolve to do what is right without expecting anything in return since this is actually what the natural law advocates for. It constitutes the adherence to a promise which every person is required to conform to (Thompson, 2017). The right of nature suggests that people have a right to do anything that they wish. In this case, however, people are expect to bear the right sense by doing what is considered to be morally right and just. Even in the midst of war, individuals have an obligation to fight for their sovereign self (HAARA, 2018). Hobbes bears the idea that if war or conflict becomes an inevitable occurrence, individuals have to become willing to revert to their former peaceful nature. This is because, there is no single instance where life is ever going to be completely fair and perfect, therefore, adherence to sovereign nature is likely to be the only choice that individuals have.
Conclusion
To sum it all up, it is apparent that Thomas Hobbes` suggestion that the first law of nature is Peace which is a useful starting point for a legal system. In order for people to be in a position to co-exist among one another, peace is an essential component that has to be upheld. The only way this can be guaranteed is by ensuring that the rulers ascertain that the rights of their subjects are governed in an equitable manner. In this respect, Hobbes appears to hold great reverence for the government. The society cannot exist in the absence of an overarching government since it would remain ungoverned thus resulting to lack of peace. Besides, Hobbes` requirement for people to adhere to the natural rule of law is based on the fact that people should have a conscience which is capable of distinguishing between what is deemed to be morally right and wrong. Complete adherence to Hobbes supposition is, therefore, capable of guaranteeing peaceful coexistence within the society.
References
HAARA, H. E. I. K. K. I. (2018). PUFENDORF'S THEORY OF SOCIABILITY: Passions, habits and social order. S.l.: SPRINGER INTERNATIONAL PU.
Hobbes, T. (2016). Thomas Hobbes: Leviathan (Longman Library of Primary Sources in Philosophy). Routledge.
Sagar, P. (2018). The Opinion of Mankind: Sociability and the Theory of the State from Hobbes to Smith. Princeton University Press.
Thompson, P. (2017). Peace and war: a theory of international relations. Routledge.
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