English philosopher Thomas Hobbes talks about how the Laws of Nature are the unwritten form of what becomes Civil Laws. Natural Laws are qualities which dispose man to peacefulness. But, what is Just and Right only become properly Laws once a common-wealth of humans is established. The ultimate goal of Laws are to limit the natural proclivities of individual people for the common good of all peoples and the defense against enemies.
“The Law of Nature, and the Civill Law, contain each other, and are of equall extent. For the Lawes of Nature, which consist in Equity, Justice, Gratitude, and other morall Vertues on these depending, in the condition of meer Nature are not Properly Lawes, but qualities that dispose men to peace, and to obedience. When a Common-wealth is once settled, then are they actually Lawes, and not before; as being then the commands of the Common-wealth; and therefore also Civill Lawes: For it is the Soveraign Power that obliges men to obey them. For in the differences of private men, to declare, what is Equity, what is Justice, and what is morall Vertue, and to make them binding, there is need of the Ordinances of Soveraign Power, and Punishments to be ordained for such as shall break them; which Ordinances are therefore part of the Civill Law. The Law of Nature therefore is a part of the Civill Law in all Common-wealths of the world. Reciprocally also, the Civill Law is a part of the Dictates of Nature. For Justice, that is to say, Performance of Covenent, and giving to every man his own, is a Dictate of the Law of Nature. But every subject in a Common-wealth, hath covenanted to obey the Civill Law. And therefore Obedience to the Civill Law is part also of the Law of Nature. Civill, and Naturall Law are not different kinds, but different parts of Law; whereof one part being written, is called Civill, the other unwritten, Naturall. But the Right of Nature, that is, the naturall Liberty of man, may be the Civill Law be abridged, & restrained: nay, the end of making Lawes, is no other, but such Restraint; without the which there cannot possibly be any Peace.
Thomas Hobbes, Leviathan. (314-315)
And Law was brought into the world for nothing else but to limit the naturall liberty of particular men, in such manner, as they might not hurt, but assist one another, and joyn together against a common enemy.”
Citations:
Thomas Hobbes, Leviathan. Buy here!
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