Thomas Hobbes: the leviathan the great sea beast of the bible is for Hobbes the king of the

proud
written during the turbulent 1640s four parts: of man, of commonwealth, of a Christian commonwealth and of the kingdom of darkness

-the difference bet man and man is not so considerable (the weakest has the means to kill the strongest)
* We are equal in the sense that we are equally mortal (every person dies) and equally vulnerable (even the weakest can destroy the strongest in nature)

-POWER is both the principal object of our endeavor and the only factor under which enduring political life is possible. - power is coupled with the concept of right - each individual is born with the natural right to self preservation.

-PRINCIPAL CAUSES OF QUARREL:

competition men invade for GAIN- use violence to be MASTERS diffidence men invade for SAFETY- to DEFEND them glory- men invade for REPUTATION- for TRIFLES

-any 2 men desire the same thing, which nevertheless they cannot both enjoy, they become enemies
-We are impelled by appetites - We are by nature appetitive self interested but we are also rational creatures capable of cooperation in spite ourselves. -Felicity of the continuous progress of desire * Our appetites are endless but the resources that we need to satisfy these appetites are finite -restless desire for power after power which ceases only after death - Human beings are by nature mutual enemies each person being an enemy either actually or potentially to every other person -First he rejects claims by classical thinkers that human beings are by natural political owing to our natural comity towards each other. (St. Thomas Aquinas recognizes friendship as both proof of our natural sociability and requisite to our participation in political life. * It is simply not the case that we are friends by nature but rather we are naturally enemies. (Fueled by our diffidence toward one another and our limitless needs) -every person and everything is either an obstacle or potential obstacle to our felicity and the only way to surmount or remove obstacles is to increase our power. * We slide in to a state of nature that us a war of all against all wherein life is solitary, nasty, brutish, poor and short. -Insatiable appetites produce conflict with others in a finite material world, for there will always be instances wherein at least two individuals will desire the same thing which nevertheless they cannot both enjoy.

-men live without a common power to keep them all in awe; they are in that condition which is called WARRE. - The life of man is solitary, nasty, poor, brutish and short - The desires and other passions of man are themselves NO SIN. No more are the actions that proceed from this passion till they know a law that forbids them; NO LAW can be made, till they have agreed upon the person that shall make it. - In such a WARRE nothing is unjust, the notions of right and wrong, justice and injustice have no place
-STATE OF NATURE: STATE OF WAR - in a state of nature we should do what we can to survive and if possible secure as much happiness-hence we employ the power we have to assert our natural rights against all others. - What I have today bec of my strength or wit will be gone tomorrow bec of my lack of strength or wit relative to my unseen enemy. * I have a natural right to what I possess that is neutralized by the right and power of my adversary. * In a state of nature, we only have our individual judgment influenced by our appetites and aversions to determine what each of us deems good or bad.

- Where there is no common power, there is no law, where there is no law there is no injustice
* that life without common power to reign in our impulse is a war of all against all * leading to a condition wherein life in the state of nature is solitary, poor nasty brutish and short.

- in a condition of war, everyone is governed by his own REASON he can use anything in preserving his life against his enemies. *every man has a right to everything - Fundamental law of nature SEEKS PEACE AND FOLLOWS IT
- the first law of nature to endeavor peace

- The passions that incline men to PEACE and FEAR OF DEATH, desire of things that are necessary to commodious living and HOPE by their industry to obtain them -RIGHT OF NATURE- liberty each man has to use his own power as he wills himself for the preservation of his own nature (of his own life) *LIBERTY absence of external impediments
* natural right self-preservation within the context of material struggle (include the right to everything) -in a state of nature we can claim what we need in order to survive and our claim to anything is as good as anyone elses claim to the same thing. - right only extends as far as our power and in the end a right to everything tantamount a right to nothing * we surrender this meaningless right to everything, transfer the force of our ind. wills to the common power that will keep all in awe through a greater will - the concepts of natural right and natural law * Natural law through right reason the ind. can discern the fundamental law of nature (seek peace and follow it)

-Second, RIGHT OF NATURE by all means we can, to defend ourselves -Second law of nature if other men will not lay down their RIGHT, then there is no reason for anyone to divest himself of his; DIVEST HIMSELF OF THE LIBERTY -RIGHT is laid aside
* RENOUNCING he cares not whom the benefit redounds *TRANSFERRING- he intends the benefit thereof to certain persons

- a man abandons his right he is said to be obliged or bound (OBLIGATION); not to make void the voluntary act of his own (DUTY) -the mutual transferring of right is that which men call CONTRACT -one may deliver the thing contracted for on his part and leave the other to perform his part at some determinate time and in the mean time be trusted CONTRACT is called PACT or COVENANT. -SIGNES OF CONTRACT EXPRESSE (WORDS) -SIGNES OF CONTRACT BY INFERENCE (sometimes the
consequence of silence)

- LAW OF NATURE- found out by reason. Man is forbidden to do which is destructive of his life. *RIGHT- liberty to do *LAW- binding
- the laws of nature first to endeavor peace are now given substance through the force of sovereign power. * the first law of nature command to seek peace *second, law of nature prescribes the mutual renunciation of the right to all things * the third law of nature is justice or the keeping of covenants * the fourth law on gratitude *the ninth law on pride, 11th on equity

- to make covenant with brute beasts is impossible because they do not understand our speech, they do not accept any translation of right - Men are freed of their covenant two ways; * By performing (performing is the natural end of
obligation) *By being forgiven (restitution of liberty)

- The final cause end or design of man is the foresight of their own preservation and of a more contented life there by that is to get them out from that miserable condition of WARRE. - a FREE MAN is he, which by his strength and wit is able to do and is not hindered to do what he wills to. * Before law there was freedom in order for
freedom not to turn to anarchy it is necessary to have legislation - There is no visible power to keep them in awe; the only

-SOVEREIGN: generation of the great Leviathan. Once established we can now determine justice and injustice good and evil -SOVEREIGN POWER: highest human authority
-matter of sovereignty: absolute, perpetual, indivisible and exclusive * These features lean toward monarchy, Hobbes prefer some form of royal govt*

-And he that carries this person is called a SOVEREIGN and said to have sovereign powers - attaining Sovereign power is by two ways:
A) Common wealth by acquisition* natural force (man make his children to submit themselves) *By warre (enemies are subdued to his will giving their lives on that condition)

way to erect such a COMMON POWER as may be able to defend them from invasion and the injuries of one another, to confer all their power and strength
upon one Man that may reduce all their wills unto one Will and submit their judgments to his judgment

The multitude so united in one person is called a COMMON-WEALTH. This is the generation of that great LEVIATHAN.
- the sovereign will is created and whereas the individual wills in the state of nature were far too feeble to enforce their natural right to everything, the sum total of those wills concentrated in one common power possesses the will necessary to legislate true and binding law

B) *when men agree among themselves to submit to

some MAN voluntarily on confidence to be protected by him against all others. (Called a political common

wealth or common wealth by institution)

-sovereignty is a power above even the law, for t is the sovereign that legislates , executes and judges

-COMMON-WEALTH is one person of whose acts a great MULTITUDE by mutual covenants one with another, have made themselves every one the author and he shall think expedient for their peace and common defense
-when a sovereign power is in place are the laws of nature binding in a real sense -the generation of the great leviathan a mortal god that is by definition absolute in it authority, perpetual indivisible and created by mutual consent of those who renounce their claims to self-govt and their natural rights to everything. - This renunciation of the natural right to everything and the right to govern self (inseparable) is the act that constructs the artificial man or Leviathan (is able to establish domestic peace among those who are party to its generation) - the renunciation of our natural rights to everything must be voluntary and mutual and it is through this cooperative decision that formal society in general and politics in particular is created. -renunciation of natural right is transfer it to a common power (not abolish it), now known as a sovereign (our natural rights is embedded collectively in one sovereign)

- a common-wealth is said to be instituted when a multitude of men do agree

-Twelve distinct rights of the sovereign Includes: claims against the forfeitures of sovereign power, protection of the sovereign from accusations of injustice, immunity for punishments by subjects

Consequences to such institutions: 1.) The subject cannot change the form of government
* They are not obliged by former Covenant to anything repugnant hereunto

2.) Sovereign power cannot be forfeited

* There can happen no breach of Covenant on the part of the Sovereign and consequently non of his subject can be frees from his subjection.

3.) No man can without injustice protest against the Institution of the Sovereign declared by the major part

* because the major part had by consented voices declared a Sovereign he that dissented must now consent with the rest

9.) And of making war and peace as he shall think best * the right of making warre and peace with other nations and common-wealths 10.) and of choosing all counselors and ministers both of peace and war * it is annexed to the sovereignty the choosing of all counselors ministers magistrates and officers both in peace and war 11.) And of rewarding and punishing * to the sovereign is committed the power of rewarding with riches or honor and of punishing acc. to the law he has formerly made 12.) and of honor and order

4.) The Sovereign actions cannot be justly accused by the subject

* every subject is by this institution author of all the actions and judgments of the sovereign instituted it follows that whatsoever he does it can be no injury to any of his subjects nor ought he to be by any of them accused of injustice *every particular man is author of all the sovereigns actions and consequently he that complains of injury from his sovereign complain of that where he himself is author * you sue state you sue yourself (unless consent is given expressed or implied)

5.) What so ever the sovereign does, is UN punishable by the subject

* Man that has sovereign power can justly be put to death or otherwise in any manner by his subjects punished. For seeing every subject is author of the actions of his sovereign he punishes another for the actions committed by himself.

* it is necessary that there be laws of honor and a public rate of worth of such men as have deserved, or are able to deserve well of the commonwealth - Rights are indivisible, incommunicable, inseparable -* and can by no grant pass away without direct
renouncing of the sovereign power

6.) The sovereign is judge of what is necessary for the peace and defense of his subject
* because the end of this institution is the peace and defense of them all and whoever has right to the end has right to the means, to be judge both of the means of peace and defense.

Succession to the sovereign power -there can be but three kinds of commonwealth
* Representative is one man commonwealth is a monarchy *when an assembly of all that will come together then it is democracy or popular commonwealth *assembly of a part onely then it is called an aristocracy
*tyranny and oligarchy but different names of monarchy and aristocracy *

7.) The right of making rules whereby the subjects may every man know what is so his own, as no other subject can without injustice take it from him * It is annexed to the sovereign the whole power of prescribing the rules 8.) To him also belongs the right of all judicature and decision of controversies * It is annexed to the sovereign the right of judicature, the hearing and deciding all controversies which may arise concerning Law.

Monarchy: bears also his own natural person (not only of the people) : procure the private good of himself : Resolutions of monarch are subject of human nature

: Inconvenience, that any subject by the power of one man for enriching of a favorite may be deprived of all his possess : That the sovereign may descend upon an infant or one that cannot discern between good and bad remember: where people are governed by an assembly chosen by themselves out of their own number the govt is called a democracy or aristocracy : when they are governed by an assembly not of their own choosing its a monarchy

But every subject in a commonwealth had covenanted to obey the civil law. * Therefore obedience to the civil law is part also of the law of nature - The law can never be against reason; not the letter but that which is acc to the intention of the legislator is the law. * interpret based on the intention of the lawmaker - The legislator known and the laws either by writing or sufficiently published, for it is not the letter but the intention or meaning that is the real interpretation of the law -dissolution of commonwealths proceeds from their imperfect institution
*when they come to be dissolved not by external violence but intestine disorder the fault is not in men as they are matter but as they are the makers and orderers of them

- there is no perfect form of government where the disposing of the succession is not in the present sovereign
* Artificial eternity of life is right of succession

-CIVIL LAWS are what men are bound to observe because they are members of a commonwealth - Law in general is not counsel but command, a command is addressed to one formerly obliged to obey him; the person commanding which is persona civitatis the person of the commonwealth -- Civil law is to every subject those rules which the commonwealth had commanded him for the distinction of right and wrong 1, the legislator in all commonwealth is only the sovereign. And the commonwealth commands the observation of rules we call laws. * Thus the commonwealth is the legislator * the sovereign is the sole legislator none ca abrogate a law made 2, the sovereign of a CM is not subject to the civil laws for having power to make and repeal laws frees him from that subjection by repealing those laws 3, when long use obtains authority of a law, it is not the length of time that make the authority but the will of the sovereign signified by his silence - for justice, performance of covenant and giving to every man his own is a dictate of the law of nature.

-lastly when in a war the enemies get a final victory so as there is no farther protection of subjects in their loyalty then the commonwealth is dissolved
- Our obligation to the sovereign remains insofar as the sovereign protects us. Obedience is contingent on protection; remove one and the other dissolves.

- Hobbes does not advocate rebellion or dissent and never explicitly embraces revolution as a collective right, he tacitly allows it under dire circumstances -superiority of the civil authority even over the church (sever attack of the Catholic Church)
* there can only be one authority

-The artificial person that is the polity is a symbol for the dynamic of power
(pol inquiry becomes the consequence of the rights of the sovereign and the duties of the subject)
- Original of all knowledge we call Sense - Hobbes reveals his confidence in human reason -

-terms such as tyranny ad oligarchy are complaints that apply only to governments disliked -politics is the product of the transference of our natural right to one body. - the church should recognize the authority of civil power. It is only through the power of the sovereign that moral certainty and political justice can be established * sovereign the umpire of what is god and bad -Rebellion therefore is technically an unjust defiance of what is authored by all and cannot be allowed. St Augustine - We relate with each other (we so it every day) -civil war is a springboard for development St Thomas Aquinas - just wars are entertained by good rulers; a just war is a defensive war -In other words, people have supreme power. Governments are instituted to serve them. When they fail, replacing them is their rightful choice, including by revolution. *trust must be forfeited and the power devolve in the hands of those who gave them , who may place it anew when they think it is best

The case stems from a petition filed before the court of industrial relations entitled national labor union v metran where the cir ruled in favor of the national labor union thereby obliging metran to grant the union's nine demands as its employer. This is an appeal from that decision set forth by metran on the ground that metran belongs to the RP and as such, it cannot be sued. w/n metran can be sued NO. Metran is not a corporation nor any of the juridical entities enumerated in the civil code. Hence, metran cannot be sued. Corollarily, no award, order or decision could be rendered against it.