The Law of Nature as the Moral Law

Hobbes Studies 1 (1):26-44 (1988)
  Copy   BIBTEX


Although Hobbes talks about the laws of nature as prescribing the virtues, it is easier to think of them as proscribing the vices. The nine vices that are proscribed by the laws of nature are injustice, ingratitude, greed or inhumanity, vindictiveness , cruelty, incivility or contumely, pride, arrogance, and unfairness . The corresponding virtues that are prescribed by the laws of nature are justice, gratitude, humanity or complaisance, mercy, , civility, humility, , modesty, and equity. The difficulty of coming up with names for some of the virtues, and even for some of the vices, shows that they are not all among the most common moral virtues and vices. Nonetheless, as described by Hobbes, they are genuine moral virtues and vices, traits of character such that all impartial rational persons would favor everyone having the virtues and no one having the vices. All of these virtues are such that they benefit everyone impartially by promoting peace, and are not primarily of benefit to the person having them. This is what makes them moral virtues and distinguishes them from the personal virtues of courage, prudence, and temperance. The laws of nature are the dictates "of right reason, conversant about those things which are either to be done or omitted for the constant preservation of life and members, as much as in us lies." But the law of nature "dictating peace, for a means of the conservation of men in multitudes;" is also the moral law because "in the means to peace, [it] commands also good manners, or the practice of virtue; and therefore it is called moral." Hobbes correctly sees both that peace benefits all persons impartially and that impartiality is essential to morality. His account of the moral virtues correctly makes them traits of character that would be favored by all impartial persons. His argument for the rationality of these moral virtues is that one's self-interest, which for Hobbes is primarily one's long-term preservation, is enhanced by having these virtues. There is no incompatibility between morality and self-interest as long as what is in one's own self-interest is equally in the interest of everyone else. Hobbes sees this point quite clearly and it is at the heart of his justification of the moral virtues



    Upload a copy of this work     Papers currently archived: 89,621

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Positive law and objective values.Andrei Marmor (ed.) - 2001 - Oxford [England] ; New York: Clarendon Press.
The Laws of War.Jeff McMahan - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press.
Legislative duty and the independence of law.J. H. Bogart - 1987 - Law and Philosophy 6 (2):187 - 203.
The natural moral law: the good after modernity.Owen J. Anderson - 2012 - New York: Cambridge University Press.
On the concept and the nature of law.Robert Alexy - 2008 - Ratio Juris 21 (3):281-299.
Norm and nature: the movements of legal thought.Roger A. Shiner - 1992 - New York: Oxford University Press.
Can there be a theory of law?Joseph Raz - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 324–342.
Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 1993 - Pearson Prentice Hall.
Law: key concepts in philosophy.David Ingram - 2006 - New York: Continuum.
Law.Jacqueline A. Laing - 2012 - In George Kurian (ed.), Encyclopaedia of Christian Civilisation. Blackwell.


Added to PP

107 (#149,255)

6 months
9 (#143,176)

Historical graph of downloads
How can I increase my downloads?