Ameritopia_ The Unmaking of America - Mark R. Levin [24]
Hobbes described two Natural Laws of Contract—the transferring of rights to another in exchange for rights from another. First, man seeks peace and follows it, but when necessary defends himself. Second, man has to be willing to give up his right to all things and be content with as much liberty for himself as he would give other men (80). “To lay down a man’s right to anything is to divest himself of the liberty of hindering another of the benefit of his own right to the same.” “Right is laid aside either by simply renouncing it or by transferring it to another.” Once a man abandons or transfers his rights he is not in the position to hinder the person who has obtained the rights from using them as they desire or see fit (81). Transferring rights can either be express or inferred (82). “Signs by inference are sometimes the consequence of words, sometimes the consequence of silence; sometimes the consequence of action; and generally a sign by inference of any contract [transfer] is whatsoever sufficiently argues the will of the contractor” (83). “[W]hen a covenant is made, then to break it is unjust; and the definition of INJUSTICE is no other than the not performance of covenant. And whatsoever is not unjust, is just” (89).
However, man requires a “power” to keep him in “awe” and make him fearful of punishment in order to restrain his tendencies. If no such power exists or if the power is not strong enough, men will revert to using violence and war. “[C]ovenants without the sword are but words, and of no strength to secure a man at all. Therefore … if there be no power erected, or not great enough for our security, every man will, and may lawfully rely on his own strength and art, for caution against other men” (106).
To create a common power to defend men from others who want to harm them, and to provide security so they can live in peace and “contently,” requires that they “confer all their power and strength upon one man, or upon one assembly of men, that may reduce all their wills, by plurality of voices, unto one will … to appoint one man or an assembly of men to bear their person … and therein to submit their wills, every one to his will, and their judgments, to his judgments” (109).
“[E]very man should say to every man I authorize and give up my right of governing myself to this man, or to this assembly of men, on this condition, that thou give up thy right to him, and authorize all his actions in a like manner.” The uniting of all under and into one is called a “Commonwealth” or the “great Leviathan”—that is, “that Mortal God to which we owe, under the Immortal God, our peace and defence.” “And in him consisteth the essence of the commonwealth, which (to define it) is one person, of whose acts a great multitude, by mutual covenants one with another, have made themselves every one the author, to the end he may use the strength and means of them all, as he shall think expedient, for their peace and common defence” (109). The person (or persons/assembly) who is the recipient of this transferred power is called the Sovereign. All others are his subjects.
Sovereign power is obtained in two ways: either by Institution (where men agree voluntarily to submit to some man or assembly of men) or by Natural Force (through being more powerful than another or by using war to subdue enemies). (109, 110)
THE RIGHTS OF SOVEREIGNS BY
INSTITUTION ARE NEARLY ABSOLUTE:
RULE I: Subjects cannot change the form of government. Subjects cannot “cast off” monarchy (the Sovereign), including making a new transfer of their rights to another without the monarch’s permission. (110)
RULE II: Sovereign Power cannot be forfeited. Once the Subjects transfer their rights to the Sovereign they are his. If a Subject attempts to depose or kill the Sovereign any punishment to the Subject is a