Thomas Hobbes Purpose Of Law

The Purpose of law: Hobbes, white and Mill. Hobbes:
Hobbes: The purpose of law, according to Hobbes is to bring stability and safety. Thomas Hobbes writes in the Leviathan a similar passage written by another Thomas in the Declaration of Independence, “All men are created equal.” This is where the parallel between the two ends. Jefferson perfected Hobbes’ thought, and set forth to help create the foundation for the nation we now know as the United States of America. According to Hobbes we are all equal in our ability to kill each other. Due to this unfortunate circumstance, Hobbes argues that there needs to be a common sovereign to direct us towards a common benefit. Under this sovereign we consent to not be equal. Hobbes points to the state …show more content…
For White law is a part of our search for justice and the truth. White describes law as a branch of rhetoric. White says that “law is a set of resources made available by a culture for speech and argument on those occasions we think of as legal.” This is describing the codes of a particular community. When someone violates those codes law is the resources that is available to that community to exact justice. Law is an act of persuasion that also sets for the objects of persuasion. Law according to White is what constitutes society. Mills thinking is in conflict with that of white. White says law constitutes society. Mill would be against this because if law constituted society we would live under the tyranny of the majority. In order for law to be law under White, there needs to be a majority of a particular community who is in agreement with that law, causing a tyranny of the majority which will result in the liberty of individuals to suffer. Mill says a society where one person’s freedom or liberty is limited is not free at all. Hobbes would also argue with White and say that law cannot constitute society. If this were the case, then we would have reevaluate our nature. Is order a part of our nature? Can we talk amongst ourselves and create for ourselves a functioning society? Hobbes head would explode at these questions. For Hobbes Law can never be the result of rhetoric …show more content…
The tentative nature of law makes it difficult for it to always provide safety and stability; however those two objects should be the main focus of the law. The start of Hobbes’ reasons for why we need the Leviathan turn some people off to his arguments. The state of nature as Hobbes explains is a contradiction to the actual nature of humans. Despite Hobbes’ view of the state of nature, his arguments have real life application. Think of a household with six children. Things in that household, as one would imagine, would be a bit chaotic. This to me is a better example of the state of nature than how Hobbes describes it. In this household the kids are equal in the amount of damage they can cause to the house. If left on their own these children would endanger themselves and items around them. This is why there needs to be a Leviathan. Someone who the kids don’t view as an equal. This leviathan or parent would be charged with bringing safety and stability to the household. There is no question that the existence of this leviathan brings safety and stability to the household. The life of a child left with other children without the presence of a parent will indeed be “short, brutish and nasty.” The Leviathan in this case will have the power to determine how the household operates. The Leviathan will not do anything to endanger or be a determent to her kids. The Leviathan wants