In this article, I argue that there is a fundamental contradiction in Hobbes' political theory: the contradiction is between the method (which may be called “realism”) used in the deduction of the commonwealth and sovereign, and the sovereign's alleged obligation to obey the laws of nature. In order to explain how the contradiction arises, I begin by giving a brief account of the laws of nature in Hobbes, and the way in which he deduces the necessity for a sovereign. I then discuss a number of possible ways of avoiding the contradiction, and find them all unsatisfactory. Finally, I propose a solution to the problem. This solution involves some criticisms of Professor C. B. Macpherson's analysis of Hobbes, and also has some bearing on the relationship of the thought of Marx to more orthodox political theory.
In De Corpore Politico, Hobbes says that the laws of nature are “the dictates of natural reason … moral laws, because they concern the manners and conversation of men, one towards another; so are they also divine laws in respect of the author thereof. …” The laws of nature, then, can be seen in three ways: as rational, as moral, and as divine. It is because he says that they are both moral laws and dictates of reason, in that reason dictates on the basis of certain facts, that Hobbes is said to be guilty of the naturalistic fallacy, of attempting to deduce values from facts. And he calls them divine in order to emphasize that they cannot, according to his own account of law, properly be called laws at all except they be commands, in this case the commands of God. “And forasmuch as law, to speak properly, is a command, and these dictates, as they proceed from nature, are not commands, they are not therefore called laws, in respect of nature, but in respect of the author of nature, God Almighty.” Hobbes gives various explanations of just why the laws are moral, and all of them are unsatisfactory in one way or another. In the above passage he says that they are moral because they concern the manners and conversation of men, one towards another; but not everything which concerns the manners and conversation of men is moral.