As leis naturais e as leis civis em Leviatã de Thomas Hobbes

Abstract

This course conclusion paper aims to emphasize the Political Philosophy of Hobbes, in particular, Leviathan. Thus, permeating its philosophy that will provide theoretical support to other authors, specially the contractualists, around the concepts of Natural and Civil Laws as foundations to the concept of State. From the many aspects that could be followed, it is fundamental to present some guiding questions for this work: how does Hobbes characterizes the Natural and Civil Laws, demonstrating that only the civil ones are effective and valid to the functioning of the State? How do these laws are justified and substantiated under a mechanistic perspective of the human nature? For that, on the first chapter, this work approaches the philosophical basis of the political theory of Hobbes, from the question of what the man is. It is understood that man is an animal that understand thing through language, and, then, the State of Nature and the human passions, specifying fear as the central to the philosophy of Hobbes in to explain the reason men leave their State of Nature to live in a society. On chapter two, the Laws of Nature and the conditions to the social pact are presented. Hobbes understands that the Natural Laws refer to expressions of nature given within reason, which will become and axiomatic basis of the future political system and that are explored here in its XV Laws of Nature presented on Leviathan. They will only be effective, according to Hobbes, from the execution of the pact. This pact will only be mandatory and legitimate it is to achieve the end to which it was asserted: to ensure the safety and the well-being of the State. Therefore, this pact is designed to institute and to build the State. Lastly, on the third chapter, the Civil Laws will be discussed to the organization of the State, and the distinction of the Natural Laws, culminating in the main objective of this work.