Law, necessity, general interest, sovereign, people, freedom, justice, Thomas Hobbes, Leviathan, philosophy, legislation, governance
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Abstract
This document discusses the characteristics of good and bad laws according to Thomas Hobbes' Leviathan. It highlights the importance of laws being necessary, consistent, and serving the general interest.
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[...] First, a bad law is a law that enters into contradiction with other laws and especially which does not serve the general interest. A bad law does not serve the interests of the people and is not clear. It is also a law that responds to the desires of men without imposing limits. Finally, what also characterizes a bad law is its lack of consideration for either the sovereign or the people. A good law must be suitable for both parties. [...]
[...] An interesting comparison between laws and hedges appears in the explanation of Hobbes' text: 'they are like hedges placed not to stop travelers, but to keep them on the path.' Laws are not constraints for the people, they are guides. For the philosopher, the purpose of laws is not to restrict the freedom of the people but only to define the limits of what is allowed or not. Man is generally driven by his desires. If he only listens to them, the entire society cannot be stable. Laws allow putting a brake on these desires to contain them, just as hedges allow leading a traveler on the right path so that he does not get lost. [...]
[...] The two are inseparable because it is necessary for someone to guide the organization of society. If other laws come to contradict the purpose of a specific law, the latter is not considered good. This shows that the entire set of laws must be consistent, which highlights the great difficulty for the sovereign to establish a set of laws so that they are all considered good. A law responds to the expectations of justice and therefore it cannot in any case be judged unjust. [...]
