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The Library
of Alexandria

Leviathan by Thomas Hobbes, Chapter 26 summary

Chapter 26 of 65 · Part 2: Of the Commonwealth · 32 min to read the chapter

In Chapter 26, civil law is defined as the commonwealth’s command, and the sovereign alone supplies its authority, including the authority to interpret it. The argument connects civil obligation with natural equity, rejects binding force for mistaken judicial precedents, and distinguishes law from liberty, grants, and private claims of divine revelation.

What happens

  1. Civil law consists of commands from the commonwealth, whose sovereign alone makes, repeals, and sustains laws and customs.
  2. Natural and civil law support each other, while civil restraints on natural liberty make peaceful cooperation possible.
  3. Subjects need access to laws and evidence of their authority; public records, seals, and authorized judgments provide verification.
  4. Interpretation belongs to sovereign authority, and judges must apply equity rather than repeat mistaken precedents.
  5. The discussion classifies laws and grounds obedience to declared divine laws in existing obligations to sovereign power.
  6. Fundamental laws sustain the commonwealth, while civil rights and charters concern liberties rather than commands.

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What gives an established custom the force of law?

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