Leviathan: Chapter 26 Summary & Analysis

By civil laws, Hobbes means those laws one is obligated to follow as a subject of a common-wealth. To be clear, Hobbes does not mean the laws of a specific common-wealth, but of any common-wealth. He does not wish to talk about laws imposed here or there; rather, he wishes to speak of civil laws in the same way Aristotle, Cicero, and Plato did, without the professional study of law. Law in general is command, not counsel, and Hobbes defines civil law as “those Rules, which the Common-wealth hath commanded him, by Word, Writing, or other sufficient Sign of the Will, to make use of, for the Distinction of Right, and Wrong; that is to say, of what is contrary, and what is not contrary to the Rule.”

The legislator in a common-wealth is the sovereign power, and that power makes the laws. Furthermore, the sovereign power—be that power a single monarch or a democratic assembly—is not subject to civil law. The Laws of Nature are equally contained within civil laws. The laws of nature, which consist of “Equity, Justice, Gratitude, and other morall Vertues” are not laws but qualities that promote peace and obedience. It is only after a common-wealth is established that such qualities become civil law. 

If the sovereign power of one common-wealth takes over the subjects of another common-wealth and then governs by the same laws as the defeated sovereign, the authority of law does not rest with the power of the one who first made the law, but with the authority of the sovereign who commands it now. Any law that is made by a sovereign power must also be written and made known; otherwise, it is not a law. This rule does not apply to the unwritten Laws of Nature (which can be condensed into the following: “Do not that to another, which thou thinkest unreasonable to be done by another to thy selfe”) that should be known and followed by all.

However, it is not enough that a law is written and known—there must also be some sign that said law comes directly from the sovereign power. A law must be “verified,” Hobbes says, not merely “authorized.” Verification is the “Testimony and Record” of the law, not the authority, because authority can be in the sovereign’s command only. Laws are verified by judges appointed by the sovereign power, and said judges tell others what is law when they hear their controversies. However, in the case of crimes against written laws, everyone must be adequately educated beforehand, since one may behave differently if a certain act or behavior is unlawful.  

Subjects of a common-wealth are obligated to do their best to educate themselves of any written law that may be applicable to their behavior and actions, but the interpretation of the law depends on the sovereign power. According to Hobbes, all laws must be interpreted. Laws are vague, and even short, written laws can be misinterpreted. Thus, there can’t “be any knot in the Law […] to undoe it by.” The interpretation of the law is not left to writers and philosophers. Instead, the law is interpreted by judges during the sentencing of each individual case. Any given sentence does not bind that judge or any other judge to similar sentences under similar circumstances.

When one speaks of the “letter of the law,” they mean the actual words that make up the written law. Words, however, are ambiguous and can be interpreted in different ways, which is where the “sentence of the law” and judges come in. A “good” judge is not merely someone who is well versed in laws; a “good” judge must also know the laws of nature and have the “right understanding” of equity. This knowledge does not come from reading books and philosophers—this knowledge comes from reason. A “good” judge must have “Contempt of unnecessary Riches,” and they must be free of passions (no fear, hate, love, anger). A “good” judge has patience to listen, interest to hear, and memory to retain facts.  

Laws can be divided many different ways by many different people and political bodies. For example, laws can be either natural or positive. Natural laws have been laws since the beginning of time, and they are also known as moral laws because they involve moral virtues, like justice and equity. Positive laws are those imposed by the sovereign power. Laws can also be either fundamental or not fundamental. A fundamental law is one that will destroy a common-wealth if it is taken away or not followed, whereas a law that is not a fundamental law will not destroy a common-wealth if taken away or not followed.