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JURISPRUDENCE LAW - Essay Example

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All other natural law theorists assumed that man was by nature a social animal but Hobbes assumed otherwise. Coming to Hobbes masterpiece, Leviathan or “The Matter, Forme and Power of a Common-wealth…
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JURISPRUDENCE LAW

Download file to see previous pages... It’s in here where he also points to this thoughtful philosophy of “where there is no common power, there is no law: where no law, no injustice.” Generally speaking this statement is a conclusion that can be drawn from the analysis of his two theory “state of nature” and “social contract”. This statement means that individuals are equal in all respect. The nature has made them this way that one cannot overpower the other, thus none of them is mighty enough to stand tall out of the mass and declare a certain code of conduct or “law”. Since there is nothing called law and there is nothing to distinguish right from wrong, everything which men did was right from his subjective opinion and hence no injustice could be done while a man does what he knows not be wrong. Thus in this situation of equality, a mutual consenting common power has to be established to make up law determining a common definition of right and wrong and thus establishing a system of justice and injustice. However such concepts of justice, injustice, redressal, damage, right and wrong have no meaning unless there is a proper machinery to define them and implement them. Now in the mass where no one is mightier enough to impose its might, such an institution has to be made by mutual consent of equal forces. Therefore a common power is needed to make law.
This statement determines perfectly Hobbes idea on what the state of nature. According to Hobbes, in the state of nature there is no common power and men are at constant war with each other. In the absence of any common power to awe them all they are in a state of isolation. There is no force, no obligation and no rule to bind them together to follow some discipline and thus there is absolutely no concept of the idea of society and most importantly there is no law. Law is something that is imposed upon people by a government and in the state of ...Download file to see next pagesRead More
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