Documente Academic
Documente Profesional
Documente Cultură
HOBBESIAN APPROACH
BY
DI/ 359
IBADAN
JUNE, 2010.
i
CERTIFICATION
This is to certify that this Long Essay titled: SOCIAL
MODERATOR:
Date……………………. Sign…………………….
ii
DEDICATION
iii
OUTLINE
Page Title……………………………………………………………………..i
Certification……………………………………………………….………….ii
Dedication…………………………………………………………………...iii
Outline……………………………………………………….……………....iv
Acknowledgements………………………………………………………….vi
INTRODUCTION………………………………………………………….viii
iv
3.3 Effects of the Civil Laws on the Contract Theory……………....37
CONCLUSION………………………………………………….56
BIBLIOGRAPHY………………………………………….......59
v
ACKNOWLEDGEMENTS
I wish to acknowledge and appreciate gently the efforts of all those who in one
way or the other have helped me to accomplish this rigorous research work.
Mary for continuous divine assistance throughout the period of writing this
Fr. Faneye, Benedict who heartily accepted to moderate this work and took
the pains, to guide me in the course of this research work, despite his very
tight schedule and nature of his job. I will not forget to mention the
the success of this essay. Fr., if I have another opportunity I would love to
come for the ‘second missionary journey’, I thank you for your kind gestures.
those who supplied me with necessary materials, ideas and helpful insights. I
would not forget to mention Bro. Stanley Ifeanyichukwu Obijiaku who helped
vi
Onyeuwoma, Ani Pedro, Okonkwo Edochie, Bob Dondon, Henry Dike,
Raymond Odo, Ogbonna Patrick, Okechukwu Jude (Ifite – Ogwari), and to the
Cynthia Uloma Uchenu, Jude Uchenu, Chinasa Uchenu, whose care and love
Chilobe Damian (De Bishop) and Ochie Bernard ( Ochie Power). I would not
forget to say thanks to my indomitable Prof. and friend, Fr. Justin Obuka
and to my generous brother and friend Dr. Tony Uchenu for the
within these four years programme. May God bless and reward you abundantly
and lead you to impact more positive knowledge to the upcoming students.
vii
INTRODUCTION
Statement of Problem
have this peace1. But since all men desire this peace, the only way to achieve
it is by respecting each other, in all spheres of life. With this respect for each
other, peace and security are assured. The presence of security and the
But looking at our society today, security of life is no more and peace
has left its arena. Even where we all should search for peace (Religion) has
become a battle arena2. The average Nigerian has known the ravages of either
war or violence. The civil war of 1967 – 1970, ethnic clashes, religious
our nation as a scene of ‘political and religious mockery’3. The leaders are
corrupt and sometimes tyrannical. Even the led are no less corrupt than the
Nigeria. The rule of law is no longer respected. Man is now afraid of his
fellow man. Trust has been betrayed on many occasions and some are of the
opinion that the best way to defend oneself in this warfront called Nigeria is
1
Cf. C. B. MacPherson (1989), “History on Modern European Intellectual History”
http://www.historyguide.org/intellect/hobbes.html (28 June, 2010).
2
Cf. Dele Omotunde, “A Call for Peace” in Tell Magazine, no. 46, November 19, 2009, p.5.
3
Cf. Nathaniel Ndiokwere, Leaders and Followers (Owerri: Assumpta Press, 2003), p. 19.
viii
to offend each other’s and be ready to defend oneself at the expense of others.
As a result of this, our country has been thickly coated with human blood4.
In this climate of fear, man has not been able to actualize himself.
religiously fanatical and politically chaotic”5. We, Nigerians are plagued with
ignorance as our institutions are shut for long periods of time in the name of
religious crises. All this leads to fear in the Nigerian society. It is the concern
To this extent, this essay would consider the usefulness of Hobbes’ Social
man lived in a state of fear and lawlessness in the original state of nature and
the only way to deal with man’s problem is to elect a Leviathan with an
absolute power, to rule with the social contract terms and principles, therefore
we could use the same method to solve the problems of Nigerian state of fear
1679) is chosen to be the lead philosopher here because he is well known for
his political thought. His vision of the world is very striking because he
4
Cf. John Chukwuorji, “Checks and Balances in Nigerian Political Situations” ,The Torch
Magazine, 2010, p.23.
5
Dele Omotunde, p.23.
ix
hypothetically traced the origin of human society and political leadership in
the States.
Our aim in this essay will not be to change the basic nature of
Hobbes’ social contract theory but to attempt an exposition of it. This essay is
not only meant for academic purposes but also to the practicality of
the religious crises from the transition from military rule to civilian rule from
This essay is divided into four chapters. Chapter one makes a survey
of the social contract theory. Here we will first explore briefly the life of
Thomas Hobbes, starting from his early life, studies, works and his last days
the emergence of the social contract theory and its meaning. This will extend
John Locke and Rousseau on the ideas of social contract. In chapter two, we
discourse on the original state of nature and how it led to the proper contract
theory. For a good examination of the notion of the social contract theory, we
shall look at the Sovereign or Leviathan and its management of power. The
x
sovereign or Leviathan has an absolute power according to Hobbes and can
In chapter three, we shall examine the concept of the law of the state.
Our primary task here is to expose what the law should be, achieve for the
citizens and how the Leviathan should apply the law to rule individuals in the
civil state. We shall be discussing natural law concisely in the light of Hobbes
and its relevance in administering the rule of justice in the state. Natural law is
important to this work because Hobbes tells us that in the state of nature each
person has a right (liberty) guided by reason to use all things and this reason
makes man to do things he deemed fit for the preservation of his life6.
examine the rule of justice, expounding the real act of justice and what it
means to act unjustly. Hobbes asserts that the idea of justice was not in the
state, there is law, consequently treatment will be surely meted out to those
6
Cf. Thomas Hobbes, The Leviathan (Ed.) Michael Oakshott (Oxford: Basil Blackwell,
1960), p. 80.
xi
CHAPTER ONE
himself as being timid because he remarked, “my mother gave birth to twins:
Fear and I are twins because she was frightened by the approach of the
where he upheld his deep interest in classical literature and became familiar
with the ongoing theological controversies of the time. Hobbes also did
time and literary men of his days’ of whom were Francis Bacon and Ben
Johnson. In 1610, Hobbes was in France and Italy on a visit, getting a first
glimpse of the intellectual life of the continent and returning with a decision
7
Maurice Cranston, “Thomas Hobbes” In Makers of Modern Thought, ed. Bruce
Mazlish, (New York: American Heritage Publishing Co., Inc., 1956), p. 113.
xii
Chatsworth were the germinating period of his future intellectual interests
and activities.8
Thucydides, Hobbes believes that history was written for instruction, and he
when Hobbes published his translation, Charles I had been on the throne for
three years and already a loggerheads with Sir John Eliot and John Pym.
Hobbes’ translation was the first attempt to bring his people to their senses
and made them a way of the tragedy that they courted: that of civil war, from
Hobbes accepted to teach the son of Sir Gervase Clinton, with whom
he stayed for three years. This period was marked by Hobbes’ discovery of
ignorant of this world. 11 The discovery greatly renewed his mind, gave him
8
Thomas Hobbes, Leviathan, p.9 .
9
Hobart, R.E. “Thomas Hobbes”, The Encyclopedia of Philosophy, Vol. 3 and 4, Ed.
P. Edwards, 1972 Ed., p. 31.
10
Cf. Ibid., p.32.
11
Cf. James Collins, A History of Modern European Philosophy (Milwaukee: The
Bruce Publishing Company, 1954), p. 112.
xiii
new zeal and direction to his philosophical reflections.12 This marked the
European tour (1634 – 1637), and above all, with Mersenne in Paris. A
catholic priest, Marin Mersenne was the clearing house for both philosophical
his own replies”13. Now Hobbes was ready to render his own system, the
composed this work (Human Nature and on the Body Politic) in 1640, it was
not published until 1650. He thought it wise to abandon England out of fear,
then being governed by the long parliament. He fled to France in 1640 and
tarried there for eleven years, as a Mathematics tutor to the future Charles II.
While in Paris, he began his work on a set of three related works, entitled
Element of Philosophy, the three parts of which were to deal with ‘body in
general, human nature and the social polity’ (man, the citizen and the
commonwealth). On the course of his stay in Paris, he also penned his work
12
Cf. Thomas Hobbes, Leviathan, p. 12.
13
Ibid., p. 15.
14
Cf. Smith, T.V. and Marjorie Grene, From Descartes to Kant (Chicago:
University of Chicago Pres, 1954), p. 165.
xiv
Around 1652, Hobbes’ return to England as James Collins expressed
it was solely
The old man, Hobbes published the first two parts of his writings: On Body
(1655) and On Man (1658) of his trilogy. Thereafter, Hobbes spent his
Brainhall over human freedom and did his best to convince the learned world
(in opposition to the Mathematician, John Wallis) that he had discovered how
he left London for Chatsworth and Hardwick. In 1679, when he learnt of his
It is generally believed that every child is a product of his own society and
age; thus, the socio-cultural activities of every society informs his behaviour
15
James Collins, p. 103.
16
Richard Peters, Hobbes (London: The White Friars Press Ltd., 1956), p. 43.
xv
mentality. Thomas Hobbes is certainly not different, for in his political
thoughts, one can easily capture the period he flourished and see in them the
socio-cultural influences that informed the way he saw things in nature. For a
objectively refresh our thoughts again on the period of his existence and
Thomas Hobbes lived between the 16th and the 17th centuries, when
the whole Europe was under chaotic politics. His political background could
the British civil war. The man, Hobbes, the son of a vicar of Westport was
born two months prematurely in the spring period, marked by the nearing of
Spanish Armada to the English coast. His mother’s shock at the approaching
flight was said to be the major cause of Hobbes’ early birth. 17 This could be
the stand of those who suggest that “fear” is the second nature of Hobbes.
This has greatly influenced his political ambitions and doctrines as his views
17
Cf. Suguron Kang, Locke, Hobbes and The 17th Century Philosophers (New
York: Thor Publication Inc., 1966), p.7.
18
Cf. Ibid., p.8.
xvi
period, his society was under political unrest, for it was the time when the
between it and the parliament which resulted to the civil war. This deadly
power can be attained by natural force, like a man constrains his children to
submit to his own idea or by war, subdue his enemies at will. On the other
hand, men could agree to peacefully submit as an assembly. This will later be
One may say that monarch is the only form of government that is
19
Cf. Thomas Hobbes, The Leviathan, p. 113.
xvii
so entitled by people for peace and unity.20 In order to guard and protect the
subjects through the promulgation and enforcement of laws, and so that the
course remains the bedrock of peace and harmony in the proposed Hobbesian
civil society. The Hobbesian civil society as we shall see later would be ruled
It is taken that Thomas Hobbes developed this theory in the 16th century;
this theory before him. These philosophers spoke about the contract as the
foundation for order, law, justice and government. In a nutshell, the contract
theory did not start with Thomas Hobbes, though he developed it and
the contract theory, it does not imply that there are substantial changes in
their ideas; the substance of the contract theory still remains, that men freely
20
Cf. Leo Strauss, The Political Philosophy of Hobbes (Chicago: University of
Chicago, Tress, 1936), p. 60.
xviii
gave out their rights to form an organized state, as a result of agreement
To sum it up, this means that “the state was created by men, a product
of social contract”22. This assertion was made by Plato through Glaucon, that
the city (Polis) arose due to the failure of man in providing all his basic
writes: “The men, being in want of many things gather into one settlement,
many partners and helpers to satisfy their diverse needs”23. Plato’s idea here
to help each other so that this polis will be sustained, avoiding injustice and
rights. This contract binding the two parties together, whether the contract
respect the laws of that nation. The non-citizen must also be respected by the
The social contract theories came into lime light during and after the
21
Cf. A . Appodorai, The Substance of Politics, (Madras: Oxford University Press,
1968), p. 19.
22
Mikhail Bakunin (1999), “The Immortality of the State” Anarchists Archive ,
http://www.marxists.org/reference/archive/bakunin/works/various/state-im.htm (29 June,
2004).
23
Plato, The Republic, ed. A.D. Lindsay, (London: J.D. Dent and Sons Ltd., 1942),
p. 47.
24
Cf.Plato, The Laws, Bk.I, 25.
xix
contract). The former refers to the mutual agreement between a government
and the people in the State, whereas the latter refers to the built institution of
was largely employed by the core defenders of popular liberties in the middle
ages to resist vehemently the claims of rulers to absolute dominion over their
respective subjects. Thus, Manegold, around 11th century developed the great
idea that a king could be deposed when he had violated the agreement
according to which he was chosen, that is, inability to maintain peace and
order in the state, or misuse of power on the subjects.25 People are justified to
citizens. This form cannot account for the origin of the state, society and
government. Besides, the government initiated this contract for the sake of all
– for the mutual coexistence between the two parties, the government and the
people. Above all, the basic benefit of this contract is peace in the society. 26
origin of the government in the society for Hobbes. Social contract theorists
25
Cf. A. Appodorai, p. 20.
26
Cf. T. Gilby, Between Community and Society (New York: Basic Book
Publication Inc., 1968), p. 40.
xx
traced the origin of this contract to man in the original state of nature, a state
“war of every man against every man and life here is poor, nasty, brutish and
short”27. Man became the greatest enemy to his own species. Full of
insecurity and fear – these formed every action taken by man. Amidst this
struggle for survival in the natural state of nature, man possessed natural
freedom and reason, man sought for a way of peace, voluntarily entered into
civil state with a chosen one that would promulgate and implement laws,
maintain peace and order for the parties involved. 28 This social contract
However, these two forms of contract theory have at least one thing in
common; each of them does not coerce people’s will to enter into the contract
will never promote peaceful coexistence and justice in the society. This is
clearly seen in our different communities, for example, we see that when
peer group or age grade, the constituting members do not always hold on to
27
Thomas Hobbes, The Leviathan, p. 83.
28
Cf. Ibid., p.83.
xxi
individual worth or rights, but rather they sacrifice them so as to ensure the
about the ‘social contract’ in his book, The Law of Ecclesiastical Polity. He
held that men in the original state of nature were subject to the laws of nature
but recognized the need to wave by all grievances, which came up in the
assumption that there were no thoughts that one man can be lord and judge
over others.
to fear other men’s resentment – a view which leads to a doctrine of the origin
peaceful society, whereby people live without fear – a free kind of life, where
there is a mutual understanding and proper undertaking so that people will not
29
Richard Hooker (2003), “Law and Ecclesiastical Polity” Online modus
philosophia http://www. he Internet Encyclopedia of Philosophy.htm (12 April, 2010).
30
Bertrand Russel, History of Western Philosophy (London: Routledge, 1996), p.
252.
xxii
fear one another. In a nutshell, the Epicureans assert that justice is a product of
by Copleston:
human need, so that each contract is entered into for the common good, even
if it is by two people, as we see in the care of a husband and wife. One could
posit from the above that man is a social being, desires a society where peace
and order prevail. In other words, man is born with natural inclination for
contract theorists after Hobbes, like John Locke and Rousseau. These were
his fellow Englishmen who flourished around 17th century Europe. These two
philosophers like their predecessor, believed that social contract is the origin
xxiii
The starting point of John Locke’s political theory, just like his
predecessor, Hobbes is the state of nature, his magnus opus, Two Treatises of
Locke presented the state of nature as a state of order, where all men were
equal and lived in separate units.32 In this state, everyone was aware of
certain limitations of the individual will, especially the two basic limitations
of the right to property which everyone had and the right to punishment of
offenders of natural laws, vested in each individual. This implied that some
natural laws existed according to Locke, and there was a natural reason which
would judge correctly.33 This natural law tells everyone that “all men are
equal and independent; no one ought to harm or deny another of health and
liberty of possessions. 34 Locke held that man was capable of abandoning the
abandonment would lead to a state of chaos like that of Hobbes’ state; life
The state of nature according to John Locke had its own institutions.
32
Cf. John Locke, Two Treatises of Government, Chp. IX, Sec.123.
33
Cf. Dipo Irele, Introduction to Political Philosophy (Ibadan: University
Press,1993), p.44.
34
Benjamin Rand, Modern classical philosophers (New York: The Riverside Press
Cambridge, 1936), p. 259.
xxiv
rights to freedom, life and property. But the most basic is
right to property because everyone has the right to
acquire property. Locke argues that if anyone mixes his
labour with any form of natural object, then that final
product becomes his, and nobody can take it away from
him35.
this that proper society, is formed, for the preservation of property. His social
Lockean social contract was not totally in line with Hobbes, in other
words, Locke did not advocate for an absolute power of the sovereign like
Hobbes, rather the contract was to be between the sovereign and citizens. The
people had the right of disobedience (civil disobedience) if their natural rights
were not well protected. Locke seemed to take this theory as a historical fact,
and not just a mere fiction or myth. However, Locke did not realize that there
Hobbes that the state of nature was a chaotic, anarchical, strife and war.
Instead, he held that the state of nature was a state of peace, innocence37. He
did not paint the state of nature as dark as presented by Hobbes. He believed
that man in the natural state was neither moral nor immoral but a happy being
35
John Locke, Two Treatises of Government, Chp. IX, Sec.131.
36
Cf. John Locke, Chp. XIX, Sec.230.
37
Cf. Jean – Jacques Rousseau, The Social Contract Theory, BK.. I, p.7.
xxv
because these concepts are part of civilization. Man was not alone, in
isolation, but the type of relationship that existed here was loose.38
This peaceful and happy state of affairs in the state of nature was heavily
disturbed when one man declared a piece of land as his own private property.
excel above one another in all sorts of activities. The other side of inequality
ownership and, Rousseau claims that the real founder of the civil society was
the man who first enclosed a piece of land declaring it to be exclusively his
own.41 This led to the setting up of rules and government as those possessing
38
Cf. J. Feinberg, Duties, Rights and Claims, Philosophical Quarterely, Vol. 3, No.
2, 1966, p. 142.
39
Cf. Dipo Irele, p.49.
40
Cf. Ibid., p.50.
41
Cf. Jean – Jacques Rousseau, The Social Contract Theory, BK.. I, p.5.
xxvi
wealth could not live in security, and by force and cunning the rich prevailed
brought about social ills. In the state of nature man enjoyed freedom unlike in
Hobbes’ state where there was war of all against all because power became a
condition sine qua non, the greatest thing desired by man. However the
notion of the general will; a social contract that allows for the state of affairs
in the civil society. The main problem is to found a form of association which
the whole common strength of the community will be enlisted for the
protection of persons and property. That is, each member, when united with
the other, renders obedience to his own will, and remains as free as he was.44
That is, what the social contract wants to achieve. The basic aim of the
42
Cf. Edward Younkins (2004), “Rousseau's "General Will" and Well-Ordered
Society” Rebirth of Reason,
http://rebirthofreason.com/Articles/Younkins/Rousseaus_General_Will_and_Well-
Ordered_Society.shtml (29 June, 2010).
43
Cf. Jean – Jacques Rousseau, The Social Contract Theory, BK.. XI, P.20.
44
Cf. Locke, Hume and J.J. Rousseau, SOCIAL CONTRACT, Introduction by E.
Barker (London: OUP, 1966), p. 246.
xxvii
contract is for all to renounce their individual will, to an all encompassing
sovereign body which represents the general will. In this sense, he agrees
with Hobbes that there is need for a sovereign that represents all in all – for
the social contract both pre and post Hobbesian social contract theory. In the
next chapter, we shall dwell on the meaning of the social contract theory as
Hobbes posited.
In the field of politics, there are basically two major theories which explain
from God and Social Contract.45 The proponents of divine authority theory
hold that every society is created by God and the kings, leaders have been
bestowed with the honour of taking care of it and every other person is
subject to him. It is this very idea that had influenced the early civilization
which saw the king as a unique and sacred person. Even Plato for instance is
said to have presented kings as godlike persons. Plato, during his presentation
on social change, remarked that the best kind of society is the one governed
by the “godlike” kings.46 This notion is rooted on the conception that the
45
Cf. An extract from Akin Onigbinde, Philosophy and Social Sciences (Ibadan:
Frontline Books, 2000), p. 133.
46
Akin Onigbinde, p. 134.
xxviii
society is a product of God’s creation and not as a result of any human
gatherings or sharings.
The second theory that explains the origin of the state is the contract
origin that Hobbes adheres to; the idea of social contract. This theory is
contentious since some people hold that he merely popularized it and is not
people hold Hobbes as the founder of contract theory, some others contend
seriously against it people in all aspects of live have been known to involve
level of the society. Philosophers like Aristotle hold and strongly believe that
man is by nature social and must interact with people in order to survive in
the society.48
More so, men, throughout the ages, have loved and interacted with
each other, either as friends and relations or as a means of survival. But the
question is, what really brought mankind together; to live in the society and
capable of meeting his basic needs because of his cooperation with his fellow
47
Cf. Dipo Irele, Introduction to Political Philosophy (Ibadan: Ibadan University
Press, 1998), p. 40.
48
Cf. Aristotle, Politics, Bk. II, 9.
xxix
human beings.49 However, some philosophers as well as Psychologists argue
that man is by nature solitary, that society is what has situated man to live
together. This group believes that God created the society and gave it out to
man – for it was God that brought them together as one human family. 50
healthy surrender to be ruled by a leader, whom out of trust, they entrust the
society has more credibility as the main origin of the state. This immediately
places obligations on every citizen to obey the laws of the state. The consent
of the citizens to obey the laws shows the kind of relationship that exists
between the state and her citizens. This interaction by way of agreement
between two people, husband and wife, families, communities and members,
promoting the welfare of every citizen, since they cannot really manage it
49
Cf. Dipo Irele, p.37.
50
Cf . Ibid., p. 39.
51
Thomas Hobbes, The Leviathan, p. 87.
xxx
CHAPTER TWO
In Hobbes, the state of nature was a natural human state before the
original state and his relationship with others prior to the civil society. In the
This societal idea of man contradicts the ancient belief that God fashioned
society and thus, man was naturally a social and political animal. Hobbes
does not consider the state of nature as an organized human society; rather it
was a state of individualism. Man finds himself in all kinds of troubles, and
52
Cf. Thomas Hobbes, The Leviathan, Chp. XIII, 57.
53
Cf. Elizabeth Johnson, She who, Is: The Mystery of God in feminist Theological
Discourse (New York: Crossroad, 1992), P. 31.
54
Cf.Thomas Hobbes, The Leviathan, Chp. XV, 68.
xxxi
However, there are two opposing views as to the cause of man’s
equality of man, and the defect in the nature of man’. Plato and Spinoza
For Hobbes, the problem of man was rooted in his egoistical and selfish
nature. For him, men in history were equal in the state of nature, but it was
the egoistic interest of individuals that brought envy and ill-feelings about
who stressed the freedom and altruistic preservation of all men’s life57,
features. That there are some physical and physiological features peculiar to
individuals does not remove the fact of this equality. Hobbes endorsed
physical inequality, which for him existed only in the application of the basic
based on nurture rather than nature. In other words, by nature men are equal
55
Cf. Hughes (2004),“SquashedPhilosophers”http://www.btinternet.com/ (2nd
July, 2010).
56
Thomas Hobbes, The Leviathan, p.112.
57
John Locke, Two Treatises of Government, Chp. II, Sec. 5.
58
Cf. Thomas Hobbes, The Leviathan, Chp. XIV, 64.
xxxii
this difference in physical ability does not mean that the strong and weak
cannot achieve the same goal. For instance, “as to the strength of the body,
the weakest has strength enough to kill the strongest, either by secret
machination or conniving with others that are in the same danger with him”59.
We see here that what matters is not who executes the plan or which plan, but
the end. If the weak succeeds in eliminating his opponents and the strong
succeeds also in elimination his enemies, it implies that both are equal. The
though he was the only one in the world, trying to preserve his life alone.
However, the solitary man did not exist alone since there were thousands in
the same condition as he was.60 The presence of another of his kind, with the
same ambition and inclination posed a very serious threat to his survival,
enemies as there were no laws governing (no civil society) the actions of
men. Though Hobbes recognized a kind of law in nature, it was the law of
59
Thomas Hobbes, The Leviathan, p.80.
60
Cf. R. Ewin, Virtues and Rights: The Moral Philosophy of Thomas Hobbes
(Oxford: Westview Press, Inc., 1999), P. 81.
xxxiii
self-preservation, of which everybody is a judge in his case. This according
to John Abbo, is the only inviolable law of nature, the only inalienable right
the fear of being invaded by others and destroying all the laboured property.61
The fear in the state of nature crippled people’s action and their disposition to
use their natural gifts to work for their own satisfaction. He who was
the desire of one object by many. The cause of this competition is love for
gain. The second cause of man’s condition in the state of nature is the
“diffidence”, which prompts people to look everywhere for safety. The third
which is “glory”, leads people to seek reputation. The first uses violence to
make one the master of other men’s persons, wives, children and cattle; the
second, to defend them; and the third for trifles as a word, a smile.62 What
this implies is that man went everywhere, applied any means because of gain
so as to achieve his goal. The end justifies the means becomes man’s famous
desire of men, therefore any of these could be achieved by any means, even
61
Cf. John Abbo, Political Thought: Men and Ideas (Westminster: The New Press,
1960). P. 198.
62
Ibid., 200.
xxxiv
through violence. The worry of this acquisition was the duty to maintain and
keep them from the enemies. Man faced the challenge of retaining what he
‘solitary, nasty, brutish and short, as a state of war of every man against every
man, a place of the survival of the fittest. Life is solitary because each
individual lives and thinks for himself, it is nasty, brutish and short, in that
each individual is a potential killer and violence is the order of the day, and
life can be easily terminated any day, any moment.63 In contrast to this
Lonergan acknowledges:
rationality stands a better chance of “all living for all” (altruistic life).
63
Thomas Hobbes, The Leviathan, Chp. XIII, 58.
64
Bernard J. Lonergan, Method in Theology (Toronto: University of Toronto Press,
1972), p. 10.
xxxv
2.3 Hobbes Contract Theory
In the state of nature, men possessed natural rights which enabled them to do
many things even to one another. But again, the laws of nature connote those
precepts or rules which are basically rooted on reason, “by which a man is
forbidden to do that which is destructive to his life, or taken away the means
of preserving the same, and to omit that, by which he thinks it may be best
principles which form the basis of social contract after the state of nature.
Hobbes argues that they are products of good reason or discovered by it, and
this is possible through a deep reflection about the horrible condition existing
in the state of nature.66 One may not deny the effect of these percepts on
man’s actions in the state of nature before the emergence of social contract in
they are not generally agreed upon and enforced by the sovereign authority,
and to observe them would be foolish and very risky for men in the state of
nature. There was no strong desire to make them work since the state of
65
Thomas Hobbes, Leviathan in English Works ed. Molesworth (Aelen: Scientia,
1963), P. 100.
66
Cf. Thomas Hobbes, The Leviathan, Chp. XLI, 234.
67
Cf. Thomas Hobbes, The Leviathan, Chp. XIII, 58.
xxxvi
In this way Hobbes, laid down these laws which were fundamental to
the state of nature, and believed that they were eternal and immutable.
which each man would authorize and give up his right of governing himself,
The social contract that would ensue from the state of nature is two-
fold: firstly, the people must agree among themselves, and later authorize a
given the absolute power to rule, and would be above the social contract.69
the contract? Who could curb the human excesses of the Leviathan?
In the social contract one gives up his rights to hold onto the
cooperation of people, against this, we will return to the state of fear 70,
68
G. Kavka, Hobbesian Moral and Political Theory (New Jersey: Princeton
University Press, 1986), p. 45.
69
Cf. Thomas Hobbes, The Leviathan, Chp. XIV, 61.
70
Cf. Thomas Hobbes, The Leviathan, Chp. XIV, 61.
xxxvii
insecurity and ‘war of everybody against everybody’ (bellum omnium contra
omnes).71
sovereign power. His political theory drives from his views about human
nature and this made Hobbes to postulate an absolute monarch who can curb
human excesses. But the question, one can ask is whether his views about
human nature, his political theory of absolute sovereign ruler is correct. Since
men sometimes do altruistic things that are clearly not selfish it means that man
is not always motivated by selfish desire as Hobbes posits.72 On the other hand,
one cannot deny the fact that men are selfish as Hobbes clearly stated.
the rights and powers of the sovereign are still absolute. The sovereign needs
to be powerful and very strict in order to enforce any promises made by the
citizens. The basic aim of instituting the sovereign is for peace and unity in
the society. For Hobbes, a tyrannical ruler who can maintain peace is better
71
Cf. Thomas Hobbes, The Leviathan, p.50.
72
Cf. Dipo Irele, Introduction to Political Philosophy, P. 43.
73
Cf. Thomas Hobbes, The Leviathan, Chp. XVII, 77.
xxxviii
The primary duty of the sovereign then, was to guide and protect
people. To carry this on, he had unlimited and absolute power to laws. The
people were bound by these laws. The sovereign became the arbiter of what
is good and evil. The people owed nothing to any other head rather than the
The sovereign was at liberty to carry out his functions, irrespective of the
social contract.
accordance with the early civilization, which saw a king as instituted by God,
as his representative. The king was seen as divine authority and could only be
deposed by God. Besides, if the king was highly corrupt, it was commonly
believed that God allowed him there for a special purpose. It was expected
74
Thomas Hobbes, The Leviathan, pp. 113-114.
xxxix
that the king should be generous, charitable and administer justice especially
therefore should not be the maker of laws and executor at the same time.75 He
other contractors, but who will give him punishment? This could lead to
leadership.
75
Cf. S. A. Lloyd (2002), “Hobbes’ Moral and Political Philosophy” Stanford
Encyclopedia of Philosophy, http://plato.stanford.edu/entries/hobbes-moral/ (4 Jan, 2004).
76
Ricahrd Hooker (2003), “Law and Exccleastical polity” online modus
philosophia, http://www.heinternetencyclopediaofphilosophy.htm (01 March, 2010).
xl
Division of powers is very important to any government because it balances
different groups and bodies into decision making. They help to prevent
CHAPTER THREE
In our discussion on the nature and condition of man in the state of nature,
one of the causes of violence and chaos. Man is vulnerable to many dangers
and fears arising from his natural conditions. The worst of all problems is the
fear of sudden death. Life here is ‘do whatever you like’, decide and carry it
out. It did not work well with man in this condition. Thus, man needed a
sovereign who could discharge the functions of the arms of the government:
words, power and authority conferred on the sovereign make him the right
leader of all. He worked to direct and guide the actions of everybody lest
It is based on this that the present chapter is attributed to the law and its
carrying out his official responsibility via establishment of law to guide his
xli
3.1 What is Law?
Different people have attempted to define law holistically, approaching it
made their contributions toward the exploration of the concept law. Yet there
regarded as any kind of rules and regulations whereby actions are judged.
Simply law is meant to guide our actions, spur us into action and discourage
us from doing certain things. For Wilson Woodrow, every law should be
and habit which has gained distinct and formal recognition in the shape of
definition the state is the power and authority behind the law. For T.H Green,
law is the system of rights and obligation which the state enforces.77 It is in
this line Erikson J, sees the law “as the command of a sovereign who is seen
as above the law, but made by him as an instrument for governing his state. It
is only obliging to the subjects who owe him allegiance and obedience”78.
For Aquinas, a law is nothing else than “a dictate of reason in the ruler by
which his subjects are governed”79. Aquinas’ conception of law does not
by word, writing, or by sufficient sign of the will, to make use of, for the
77
Cf. A. C Bradley, “Introduction to the Idea of Moral” http://fair-use.org/t-h-
green/prolegomena-to-ethics/ ( 6 July, 2010).
78
Wilson Woodrow, The Fundamental Concepts of Public Law quoted in A
.Appodorai, The Substance ofPolitics, (Madras: Oxford University Press, 1968) , p. 59.
79
Thomas Aquinas, Summa Theologiae, I - II, q.92 a.2.
xlii
distinction of right and wrong; what is contrary and what is not contrary to
the rule.80 The sovereign is the legislator of the law which must be for the
Here, Hobbes proposes that laws are made for the convenient
Salmond defines law based on this, as the body of principles recognized and
principles are recognized by the state, aiming at making the people happy. In
the words of Aquinas, “law aimed at being obeyed and observed by its
subject to make them good. For if the proper effect of the law is fixed on true
good, which is the common good given according to Divine justice, it follows
that law simply makes men good”82. On the other hand, if the intention of the
law giver is fixed on that which is simply good, but useful or pleasurable to
himself, which is in opposition to Divine justice, then the law does not make
government by selfish men. In this instance, the law is corrupt; it has lost its
essence and effect, absolutely perverse. Any leader that holds onto corrupt
laws does not fulfill his obligations as the head. For Hobbes, such a leader or
ruler is tyrannical. 83
80
Thomas Hobbes, The Leviathan, p. 173.
81
Cf. J.W Salmond, Law and Justice (London: Lawrence and Wishart, 1968),
pp.41-42.
82
Aquinas, Summa Theologiae, I – II, Q. 90, A. 1
83
Cf. Thomas Hobbes, The Leviathan, Chp. XXX, III.
xliii
3.2 Overview of Natural Law
In the introduction, we saw that natural law is important to this work because
Hobbes tells us that in the state of nature each person has a right (liberty)
guided by reason to use all things and this reason makes man to do things he
deemed fit for the preservation of his life, it is this natural reason that Hobbes
regarded as natural law.84 The concept of natural law may not be meaningful
make the theory of natural law plausible. It entails that the human mind
knows the essence or nature of things from which the order of the universe
presented in the eternal law. That man recognizes in the order of the created
things. This natural law of reason helped men to think of electing a head, a
leader that would protect the general interest. However, the natural state of
man, amidst natural law is not encouraging, since men are in constant
who will apply natural law in making peace in the state of nature. Hobbes
tells us that each person possesses reason. Each man is endowed with reason
at least for self preservation. There was no leader to coordinate this human
reason for good. The state of nature is seen as a lawless state, a state of
anarchy; there are no legislative, executive and judicial powers. Each man
84
Cf, . Thomas Hobbes, The Leviathan, 30.
xliv
possesses his own individual administrative power in whatever means he
the selfishness of men, is not devoid of every law and order. There is in the
state of nature what Hobbes calls “the natural law of reason”86. The natural
law of reason makes man to do that which preserves his own life. In a
nutshell, natural law is the instinct in all creatures for self-preservation. This
The problem with Aristotle associating the natural law with all
natural law. There is need for a clear distinction between law of nature and
‘natural law’. In Aristotle’s view, the law of nature could be described as that
in which every creature in the universe conforms to, for being part of the
natural law is an ordinance of reason, which is only for man, as the rational
creature.88 This means that the law of nature simply applies to all things since
it governs the activities of the whole universe, whereas ‘natural law’ is solely
85
Cf. Thomas Hobbes, The Leviathan, Chp. XIV, 60.
86
Ibid., Chp.XIV, 60.
87
Cf. Gerard Hughes, “Aristotle on Ethics” In Routledge Philosophy Guide Books,
edited by Jim Crane and Jonathan Wolff ( London: Taylor & Francise-Library press,
2003), p.37.
88
Cf. Ibid., p.37.
xlv
Moreover, Hobbes gives us a notion of the law of nature as “a precept
which is destructive of his life, or takes away the means of preserving the
this, Hobbes also posits the fundamental law of nature, the precepts of general
reason that every man ought to endeavour for peace as far as he can obtain it,
or apply the advantages of war. The second law of nature following from the
first is that a man be willing, when others are, for the sake of peace to lay down
his right to all things, and be contended with so much liberty against other
men, as he would allow father men against himself.90 The law of nature for
foundation of the selfish nature of man. The above definition agrees with
Aquinas’ conception of law as “an ordinance of reason applied for the common
good”91. However the end products of the two definitions differ, as Hobbes; is
for self interest whereas Aquinas’ for the interest of the whole community.
one of the most ancient concepts in human thought that requires deep
only to human nature unlike in the modern era that it has a Christian
undertone. Thus, the Greeks saw natural law as pertaining solely to human
89
Thomas Hobbes, The Leviathan, P. 84.
90
Cf. Ibid., p. 85.
91
Thomas Aquinas, Summa Theologiae, I-II q. 90, a.2.
xlvi
reason. Natural law, however is natural to man. Though it is unwritten, it is
known to all and obeyed by all men, because the precepts are immanent in
deep rooted in the men’s hearts that it can never be wholly wiped our at
anytime in all the people. This portion gives natural law a universal quality.
individual and everywhere. It is endowed to all men in the universe. One can
argue that natural law should be applied to all human beings since all have
the same inclinations and natural conditions in the Hobbesian state of nature.
However, mad men are exempted in that their acts are not informed in
freedom and conscious thought pattern. Children too who have not yet
developed their faculty of human reasoning are not held responsible for their
We should note that though the natural law precepts are not written, it
is not an excuse for breaching them, since is universally known and deal with
(wisdom) becomes the arbiter of what is right and wrong. In the words of
Aristotle, the man of practical wisdom is one who has constantly and
92
Cf. Maurice Le Bel, Natural Law, in Alfred L. Scalan(ed) Natural Law
Proceedings Vol. II (Indiana: University Press, 1948), p.3.
93
Cf. Gabriella Samms (2004, “Children Should not be Blamed for their Actions”
http://www.helium.com/debates/69697-should-parents-be-held-responsible-for-their-minor-
childrens-criminal-behavior/side_by_side (9 July,2010).
xlvii
consistently allowed his actions to be directed and influenced by the faculty
political theory is built on the notion of the existence of natural right. Natural
law becomes an ordinance for the preservation of these basic rights endowed
to man by nature. According to Hobbes and John Locke, the basic rights of
every man are right to life and right to property.95 This simply means that
Hobbes built his natural law theory around the natural rights, since laws are
meant to preserve the rights of the people in the society, the it is self-evidence
that natural law preserves these rights. In the civil society formed through the
acknowledgement of the natural law – because one is formed from the idea of
another.
motivated by his love for self, which resulted to a state of war and anarchy, it
follows that the civil laws are needed as means of controlling emotions and
appetite. If this is not done, the new civil society may be the same with the
94
Cf. Gerard Hughes, “Aristotle on Ethics” In Routledge Philosophy Guide Books,
edited by Jim Crane and Jonathan Wolff ( London: Taylor & Francise-Library press, 2003),
p.185.
95
Cf. Feinberg J., Social Philosophy and Human Rights (New York: Wadsworth,
1970), p. 19.
xlviii
Hobbes therefore, defines civil laws “as the laws that men are bound
to observe because they are members of a commonwealth”. The civil laws are
for everybody, those rules which the Leviathan has commanded, to make us
of for the distinction of right, and wrong.96 The essence of law for Hobbes is
to maintain peace and order in a civil society. He sees the law of nature and
civil laws as containing each other and aiming at the same goal. Law in the
first place is a command and should be obeyed by the subjects. It means that
civil laws should be observed and obeyed in the civil society by the citizens.
But for the civil laws to be effective enough to protect people’s rights,
maintain peace and order in the civil society, there is need for a judicial arm
that is to distribute equal justice and fairness. It is based on this that we can
consider the well being of a civil state to solely rely on the enablement of the
sovereign uses to protect his subjects from attacks and infringements from
fellow citizens who might want to manipulate them. Thus, civil laws give
meaning and scope to particular ways of acting in the civil state. Human
rights and freedom are protected through the civil laws of the state. In other
words, by promulgating civil laws, the sovereign guides and preserve the
people who have voluntary ceded their legislative, executive and judicial
96
Cf.Leslie Stephen, Hobbes (London: Macmillan, 1940), p. 131.
xlix
rights to him, with the hope that he would surely protect them. The end of
this gesture is the maintenance of peace and order by the Leviathan, which
was totally absent in the proposed Hobbesian state of nature. Individuals can
and order in the state. This would definitely take us back to the state of nature
a state of war of everybody against everybody. 97 So, to make sure that the
aim of the covenant is achieved, the civil laws must be properly enacted and
used for the benefit of all the people. The government must be at alert and
effective in exercising or discharging her duties. Since the effect of civil law
is the administering of justice and equity among the people, to ensure peace
and order in the state, there is need to explore the rule of justice in the civil
state.
nature, there was no law to forbid people from acting in a particular way
even when they were actually unjust in the state of nature. In the artificial state,
this has to be changed, people appointed leaders who make laws for the
97
Cf. Ewin R., Virtues and Rights; The Moral Philosophy of Thomas Hobbes
(Oxford: West view Press, Inc., 1999), pp. 45 – 46.
l
from this becomes disobedience, injustice and deserving of punishment. Put
differently, the civil state observes a distributive justice whereby each person is
rewarded or duly punished based on merit. Thus, Hobbies defines justice as the
performance of the covenant and giving every man his own merit.98 In other
words, we agree to live together in an organized state, discharge our duties and
when we go against the agreed laws of the state, we should be punished. In the
result of this, we can say that without civil and natural laws, there would be no
Moreover, this calls to mind the dictate of the Golden rule which
states “do not to others which you think unreasonable to be done by another
to you”100. In practical life, this is not always the case, since people
main reason for the social contract). This is why the sovereign is generally
helps to deter people from further crime and also a lesson to them that have
‘the same possibility to act in the same way’. It is important that punishment
should outweigh the gain the individual would get from going against the
98
Cf. Thomas Hobbes, The Leviathan, p. 174.
99
Thomas Hobbes, The Leviathan, p. 190.
100
Ibid., p. 193.
li
civil laws, or else people may choose to be punished, in so far as the gain is
greater.
The third law of nature is rooted in justice: It states that men should
perform their covenant, otherwise the covenant is in vain, just empty words.
To break this covenant is unjust – injustice from this means the non-
performance of covenant that is, acting contrary to the agreement made in the
disobey the civil authority is unjust. In other words, having voluntarily agreed
injustice for a person to breach the law. The sovereign is empowered to mete
and injustice emerged with the establishment of a new state of nature, ruled by
the sovereign. But there is a question: what happens to the natural rights of
man? In the state of nature, men had the natural rights to everything, and
justice was the giving of this right to whom it was due, however; there was no
notion of justice, it did not exist. Hobbes explains that absence of justice in the
101
Cf. Thomas Hobbes, The Leviathan, p. 94.
lii
justice is based. The idea of justice and injustice are products of the later life of
man.102
On the other hand, Locke and Rousseau might not agree with the
above assertion since they believed that man is naturally altruistic; they
would assert that in the state of nature there was the idea of justice but not as
men were free and each lived according to his own liking. This freedom is
not a license to act as one desires, since there is a natural law of reason,
which directs and guides the actions of the people.103 The main purpose of
this natural law is to ensure that nobody shall impair the life, health, freedom
nature.
CHAPTER FOUR
IN NIGERIA
citizens. Apart from the original traditional religion of the people, other
religions have found their ways into the country. Some of these are
102
Cf. Thomas Hobbes, The Leviathan, p.8.
103
Cf. John Locke, Two Treatises of Government, Chp. IX, Sec.131.
liii
explore the two major Religions in Nigeria: Christianity and Islam, and the
bloody religious violence. This violence did not start today, but for the
purpose of this essay, we shall cover the period between 1991 to 2010.
Islam is one of the prominent religions found in this part of the world known
founded by prophet Muhammad with the aim to guide the believers into a
new way of life revealed to him by Allah (God). Some violent extremists
have turned this religion into “a blind faith followed religion”104. A religion
especially in Nigeria. Every group blames the other for the religious crises, but
the question is which group is behind these crises? In the words of David
Cole,
liv
implementation of the criminal aspects of the Muslim
Sharia legal code (or the likelihood of implementation)
providing the spark that touches off violence. Riots based
(at least ostensibly) on religious affiliation and religious
policies have indeed occurred, the worst such being the two
confrontations that took place in Kaduna between
February and May 1999.105
Even after these terrible experiences of February and May 1999, religious
The newer and more fundamentalist sects include the Izala (a sect that
deals with educated young people) and the Shiites (a sect that believes that
only the heirs of the fourth caliph, Ali, are the legitimate successors of
both men and women.107 The Shiites and sometimes the Izala are said to
105
Cf. Raymond Cole (2005) http://www.thechristianexpositor.org/pg.122.html
(28th May, 2010).
106
(2010), “Nigeria Christian / Muslim Conflict” Global Security Articles,
http://www.globalsecurity.org/military/world/war/nigeria-1.htm (9 July, 2010).
107
Cf. Ibid.
lv
oppose applying sharia in Nigeria until such time as religious leaders have
Muslim sects have arisen in response to the calls for faith-based partners
issued by Islamic governments and religious groups from Libya, Sudan, Iran,
1999, and including Sokoto, Kano, and Niger, had passed into law the
criminal law sections of the Islamic Sharia code of conduct. The states
Zamfara and Katsina, for example, are now applying the code, while other
realism, or a sense that they should represent the wishes of those who elected
Nigeria.
108
Cf. (2010) , “Nigeria Christian / Muslim Conflict” Global Security Articles,
http://www.globalsecurity.org/military/world/war/nigeria-1.htm (9 July, 2010).
109
Cf. Ibid.
110
Cf. Kizito Osudibia, Nigeria: The Case of Fragmentation, (Delta State: Guinea –
Chim Ind. Ltd, 2007), p.17.
lvi
The establishment of Sharia laws and courts really poses a
establish their own court systems. At both constitutional and practical levels,
these guarantees are incompatible in the light of the fact that Islam rejects
entity may find it extremely difficult to use Sharia laws to govern the whole
April, when Shiite Muslim clashed with police in the north. This led to the
culmination of growing strains between the Shiite leader and the military
Governor of Kastina. After two days of the clash in Kastina, another fight
ensued in Bauchi State. These crises claimed at least 84 lives and extensive
damages, while about 29 peoples were injured. In October of the same year,
111
Cf. (2010), “Nigeria Christian / Muslim Conflict” Global Security Articles,
http://www.globalsecurity.org/military/world/war/nigeria-1.htm (9 July, 2010).
112
Cf. (2008), “Muslim Riot” Church Arise,
http://churcharise.blogspot.com/2008/02/again-muslim-riot-claims-3-lives-in.html (9 July
2010).
lvii
In May 1999 violence erupted in Kaduna State over the succession of
over 1,000 people died in rioting over the introduction of criminal Sharia code
inter-religious riot in Jos. In October 2001, hundred were killed and thousands
Benue, Taraba, and Nasarawa.113 This was not the end of the violence.
In May 2003, it is recorded that about 20,000 people were lynched and
community and Christians in Kano. From 2006 – 2008 over 500 people were
killed and about 10,620 persons were displaced in religious crisis that took
place in Jos, Plateau State.114 In 2009, there were two major religious crises
education and wants Sharia, Islamic law to be adopted across Nigeria) and
113
Cf. Chinua Achebe, The Crises in Nigeria (Enugu: Fourth Dimension Publishers,
2003), p.36.
114
Cf. Raymond Cole(2007) http://www.thechristianexpositor.org/pg.122.html
(16th April, 2010).
lviii
death, many innocent children lost their lives and goods worth of millions of
naira have been damaged in Kaduna, Jos and especially in Maiduguri.115 These
crises nearly escalated to general Massacre between Igbos in the northern part
The most recent religious crisis in Jos claimed more than 300 lives,
The crisis blewup at the Dutse Uku area of Jos after an argument on the
later spread to Nasarawa Gwom, Rikkos and Yanshanu areas of the city. In
fact, even as this essay is being written, nobody knows the time for the next
continue to cripple the nation’s assumed unity, drive away potential foreign
115
Cf. Ibid.
116
Victor Ulasi (2008), “Religious Crises” http://www.articlesbase.com/journalism-
articles/dozens-dead-in-nigerian-religious-crisis-1745042.html#ixzz0pY9rrMAU , 31st May,
2010.
lix
However, some believe that the recurring outbreak of religious
destabilize the people so that they will re-channel their interest to self
good fruit. Instead of finding lasting solutions to the crises which divide the
condemn the crises.118 Sometimes they condemn innocent people who cannot
and their leaders. In other words, it is not enough to condemn the act, there is
an urgent need for thorough investigations of all the perpetuators of this crisis
117
Cf. Victor Ulasi (2008), “Religious Crises”
http://www.articlesbase.com/journalism-articles/dozens-dead-in-nigerian-religious-crisis-
1745042.html#ixzz0pY9rrMAU , (11 July, 2010).
118
Ibid.
lx
are going to contextualize Hobbes’ social contract in the Nigerian setting. We
shall do this bearing in mind the notion of voluntary agreement by the people
to constitute one civil organized state for peace and unity. The fundamental
Many scholars attribute the present religious crises of the two main
Why continuous religious intolerance? Since people are still living as though
in their ethnic and tribal nature, unmindful of the common good of all
contract with each other, joined together whereas Nigerians have not been
voluntarily joined together. One could argue that the British were interested
119
Adewale Ademoyega, Why We Struck: The Story of the First Nigerian Coup
(Ibadan: Evans Publishers, 1981), p. 24.
lxi
increase their economic earnings and not basically for peace and unity.120 It
was by force and under threat that some Kings and Obas placed their
kingdoms under British power. When the Europeans left Nigerian states,
every tribe lives for her survival instead of ‘one Nigeria’. The Hausas take
Islam as their own religion whereas other tribes have Christianity and others.
check inordinate desires and irrational appetites of man in the state of nature.
But these things (inordinate desires and irrational appetites) are found among
the citizens. Why must Muslims always fight to wipe away Christians if we
are one Nigeria? This brings to mind the relevance of the social contract to
restore peace to diverse religions in Nigeria. When people freely lay down
their individual rights (religion) and wish other men what they would want
them to wish them, then peace will reign. If these two religious groups,
Christianity and Islam should understand and apply the rules of social
contract, that is, to endavour to seek peace, curb some religious excesses,
argue for combining the two religious groups do not get it, because each
120
Cf. Ibid., p.24.
121
Adewale Ademoyega, Why we Struck: The Story of the First Nigerian Coup
(Ibadan: Evans Publishers, 1981),p. 25.
lxii
group has a distinct doctrine and founder. However, both groups co–exist
under the same umbrella Nigeria, so the social contract can still be well
applied. The Nigerian constitution serves as the law and the three tiers of
apply rightful judgment to anyone who fails to keep the contract, by killing or
harming the other, then Nigeria may experience a lasting peace and unity,
people act out of rational appetites and not by tribal and religious sentiments.
There will be equal respect for one another in the Nigerian society.
covers every society in the world, its cradle and development. In other words,
lxiii
evidence to support Hobbes analysis of the state of nature.122 On the other
hand, it should be noted that Hobbes is not interested in giving historical and
gives him the sense of self – preservation that led to chaos in the natural state.
With the aid of the same reason, men resorted to the social contract as a
read from Hobbes, involves voluntary renunciation of one’s right for the
common good of all. This will not be welcomed by some political thinkers
earth. “No liberty for him, no life”123. In fact, death is preferable to the
transfer of liberty and human rights just for the protection of the sovereign
and others. For him, the sovereign is a slave master dealing with the citizens.
In the thought of Jefferson, the theory of Hobbes that peace is needed at all
122
Cf. Gerard Hopkins, The Social Contract: Essays by Locke, Hume and Rousseau,
edited by Ernest Barker (London: Oxford University Press, 1962), p.70.
123
Patrick Henry (1775), “Give me Liberty or Give me Death” Liberty Online
Index, http://libertyonline.hypermall.com/henry-liberty.html (12 July, 2010).
lxiv
cost is baseless because death paves ways for lasting peace and liberty. For
Jefferson, the “tree of liberty must be refreshed from time to time with the
However, the temperamental make-up matters a lot in this sense. For me,
absolute. In this way Hobbes creates a mortal god, whom everyone owes
124
Thomas Jefferson, Letter to William Stephens Smith, November 13, 1787.—The
Papers of Thomas Jefferson, ed. Julian P. Boyd, vol. 12, p. 356.
lxv
subjects”—seems incompatible with his defense of
absolute sovereignty.125
for herself the adequacy of that protection, it seems that people have never
the sovereign. She says that a contractual relationship between sovereign and
subject will establish a set of higher laws directing the ruler’s actions that the
subjects have a right to interpret. But this would lead to fighting among the
subjects about how the sovereign should act. This would lead to warfare and
a return to the state of nature. Hence, Hobbes holds that if the union of the
many into one is to survive, the sovereign must be the arbiter of good and
Hobbes believed that the cause of “war of all against all”127 was due to
every human action is motivated by the self-interest of the agent. For Hobbes
man is naturally egoistic. This was exactly the cause of conflict in the state of
nature. However, this view has been heavily contested by some philosophers
125
Garrath Williams (2008), “Hobbes’ Moral and Political Philosophy” Stanford
Encyclopedia of Philosophy, http://plato.stanford.edu/entries/hobbes-moral/#Abs (12 July,
2010).
126
Cf. Jean Hampton, Hobbes and the Social Contract Theory (Cambridge:
Cambridge University Press). p. 103.
127
Thomas Hobbes, The Leviathan, p.50.
lxvi
who hold that man by nature is altruistic. But man could be motivated by
sympathy and pity to help others. On the other hand, one could argue that even
when man helps others, it relieves some feelings from him, either to be happy
and authority are respected. Whereas, people still kill and destroy one another.
People under the Nigerian laws still breach them to set their neighbours ablaze
under the pretext of religion. Shall we say that the aim of the contract is
ethnic groups under one Nigeria, but still experiencing killings as in the state of
individuals are afraid of punishment for going contrary to the laws. I think that
we need to apply the social contract very well for the betterment of Nigeria by
CONCLUSION
In the introduction of this essay, we noted that the aim of this writing was to
expose the analysis of Hobbesian contract theory. Hobbes taught that the
contract, which institutes the sovereign, is the only way to the attainment of
lxvii
We began this essay by surveying the social contract theory. A survey
of the life of Thomas Hobbes, examining his birth, studies, works and his last
days on earth was made. In doing this, we saw the need to expound Hobbes’
thought. In other words, exploring what formed his writing from the profile
of his age. Then we discussed the meaning of the social contract theory and
its origin. For some philosophers, contract theory began with Plato, Aristotle,
Hooker, and Machiavelli; some thinkers believe that Hobbes developed this
theory in the 16th century. This extended our discussion to examine the
Thomas Hobbes’ social contract theory. This chapter deeply explored the
original condition of man in the state of nature, life in this condition was
nasty, solitary, brutish, poor and short. The only remedy for him was the
social contract where everyone gave his or her rights to the sovereign, for the
Chapter three presented the law of the state which was prompted by
Hobbes’ assertion that absence of law was one of the causes of man’s
civil laws on the contract theory. In the thought of Hobbes, civil laws are
lxviii
meant to guide the civil society. These laws are very crucial to the contract,
since the Leviathan exercises its power based on the civil laws in the state. In
the state of nature there was no notion of justice, however, the emergence of
the new civil society brought the notion of justice to all men. This made it
necessary for us to discuss the rule of justice - how the Leviathan rewards or
1991 - 2010. We showed how Nigeria can solve religious conflicts by fully
contract theory. Amidst all critiques, one may not deny completely that
Hobbes’ social contract is necessary for sustenance of lasting peace and unity
among us.
lxix
BIBLIOGRAPHY
Primary Sources
Aquinas, Thomas. Summa Theologiae, Fathers of English Dominican
Province. Notre Dame: Ave Maria Press Inc., 1948
lxx
Locke, John. Two Treatises of Government. Mcpherson edition. Cambridge:
Gutenberg Ebook, www.scrib.com (2003).
Secondary Sources
Abbo, John. Political Thought: Men and Ideas. Westminster: The New
Press, 1960.
Ademoyega, Adewale. Why we Struck: The Story of the First Nigerian Coup.
Ibadan: Evans Publishers, 1981
lxxi
Ewin, R. Virtues and Rights: The Moral Philosophy of Thomas Hobbes.
Oxford: Westview Press Inc., 1999.
Hopkins, Gerard The Social Contract: Essays by Locke, Hume and Rousseau,
edited by Ernest Barker. London: Oxford University Press, 1962.
Johnson, Elizabeth. She who, Is: The Mystery of God in feminist Theological
Discourse. New York: Crossroad, 1992.
Kang, Suguron. Locke, Hobbes and The 17th Century Philosophers. New
York: Thor Publication Inc., 1966.
lxxii
Kizito, Osudibia. Nigeria: The Case of Fragmentation. Delta State: Guinea –
Chim Ind. Ltd, 2007.
Maier, Karl. This House Has Fallen: Nigeria in Crisis. (London: Penguin
Books, 2005),
Omotunde, Dele. “A Call for Peace” in Tell Magazine, no. 46, November 19,
2009.
Peters, Richard. Hobbes. London: The White Friars Press Ltd., 1956.
Plato, The Republic (tr), A.D. Lindsay. London: J.D. Dent and Sons Ltd.,
1942.
lxxiii
________ . The Laws, Trevor Saunders edition. Britain: Hazell Watson and
Viney Ltd, 1982.
lxxiv
Internet Materials
lxxv
held-responsible-for-their-minor-childrens-criminal-
behavior/side_by_side (9 July,2010).
lxxvi