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Thomas HobbesA modern alternative to SparkNotes and CliffsNotes, SuperSummary offers high-quality Study Guides with detailed chapter summaries and analysis of major themes, characters, and more.
Unlike natural laws, civil laws represent the commands of the sovereign. They may consist of new commands issued by the sovereign or long-standing laws that the sovereign has not explicitly nullified. Hobbes points out that a true sovereign is not subject to civil law.
Any edict that isn’t a natural law, whether it comes from a sovereign or from God, is referred to as a positive law. Divine positive laws include the Ten Commandments and may also include a direct command from God to a prophet. Human positive laws are the civil laws detailed earlier in the chapter and may either be distributive—meaning that a right is granted to a subject—or punitive.
Finally, Hobbes distinguishes between fundamental laws and nonfundamental laws. A fundamental law is one that, if voided, will result in the dissolution of the commonwealth. One example is the law granting the sovereign’s right to maintain a standing military. A nonfundamental law is one that may be repealed without threatening the solvency of a commonwealth and generally concerns interactions between subjects.
First, Hobbes distinguishes between crime and sin. A crime is the committing of any act forbidden by the law. According to Hobbes, because crime represents a violation of the covenant between subject and sovereign, all crime is a sin.
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