Can a society exist without laws?
There has always been an assumption that progressive societies are founded on strict adherence to the rule of law. Where there are philosophers who argue that the law plays a critical role in enhancing the protection of the rights of all members of society, there are also those who are of the opinion that some laws have an unnecessary restraint on individuals. That begs the question, can a society exist without laws? This paper utilizes the philosophy of law to analyze whether or not society cab exists without laws. Thomas Hobbes was one of the most influential philosophers of the early modern period. His philosophy of law was critical in the formulation of natural law and commandment-theory traditions. In his philosophy, Hobbes said that the law is the instrument that allows the government to perform its function, especially the provision of peace and security to all citizens. According to Hobbes, the primary reason for the existence of government is to ensure the protection of the rights and liberties of all citizens, and this is only achievable in the presence of enabling laws. This paper holds that a society cannot exist without laws since the law makes sure that humans are protected against one another so as to create a stable and peaceful society.
The need for law, according to Hobbes, the importance of law in society may best be seen in his theory on the state of nature. The state of nature is described as the natural conditions of humankind in the absence of the government, laws, or any form of power that has a restraining effect on human behavior. Hobbes provides an anarchic state of nature. In this state of nature, act in ways that demonstrate the desire to destroy each other. He describes this condition as a ‘war of all against all.’ In this state of nature, “life is nasty, brutish and short”[1]. The natural instinct of humans, according to the Hobbesian state of nature, is to destroy each other in pursuit of power. In the face of these realities and conditions, there is a need to come up with restraining systems. These include the law as well as the establishment of the government. Effectively, the absence of laws in society is a recipe for chaos and destruction.
Thomas Hobbes views the establishment of a stable and prosperous society to be founded on the presence of effective laws and the government. The primary purpose of the law is to protect the fundamental rights and freedoms of all citizens. The law sets limits on the interaction among people. In the event where there is no restraint against humans, they mat blatantly violate the rights of other people as they pursue individual goals. The idea behind the establishment of law is that there are punishments for wrongdoing. In Leviathan, Hobbes records that “law in general, is not counsel, but command”[2] And so individuals do not have a choice on whether or to obey laws. It is a command that those who fail to obey it face severe punishments. Out of fear of being punished, individuals under the rule of law always strive to make sure they operate strictly in line with the legal provisions.
The law guards the weak against the excesses of the powerful members of society and the government. All societies are organized along socials hierarchies, where the powerful and influential sit at the top of the hierarchy and the weak at the bottom. In many instances, the powerful members of society may seek to dominate and control the less powerful. It is the purpose of the law to make sure that the rights of all people are respected irrespective of their status in society. For example, one of the main sources of conflict in society oscillates around the sharing of resources. Hobbes says that the struggle over resources is one of the reasons for the fight among people. In any society, there are always groups of influential people who may want to control resource allocation for their selfish interests as opposed to caring for the interests of all the people[3]. The weak, on the other side, may gang up against the string and demand for their share of the nation’s wealth. Thus, the establishment of the law eradicates bias and discrimination that may lead to the creation of an unstable society.
According to Hobbes, the existence of law also helps in the establishment of a legitimate government. While the government needs to be established to implement the law and ensure the existence of a well-ordered society, there is also a need to make sure that the government established has the mandate of the governed. The presence of the law protects society from being ruled by an illegitimate government that does not have the popular mandate of the people[4]. While the presence of a government is essential in the protection of the fundamental rights of individuals, it is possible that an illegitimate and unpopular government may arise among people and this government may violate, rather than protect the rights of the people. It is only in the presence of effective laws that it may be possible to establish a legitimate government that understands and protects the needs of the people.
In conclusion, a society cannot exist without laws since the law makes sure that humans are protected against one another so as to create a stable and peaceful society. According to Hobbes, one of the reasons for the existence of laws is to guard against the state of nature. Hobbes provides an anarchic state of nature. In this state of nature, act in ways that demonstrate the desire to destroy each other. He describes this condition as a ‘war of all against all.’ Based on the philosophy of Thomas Hobbes, the primary reason for the existence of government is to ensure the protection of the rights and liberties of all citizens, and this is only achievable in the presence of enabling laws. Additionally, the law guards the weak against the excesses of the powerful members of society and the government. The law treats all people as equals and, as a result, protects the rights of all the people without bias. Finally, the law makes sure societies are run by legitimate governments.
Bibliography
May, Larry. Limiting Leviathan: Hobbes on law and international affairs. OUP Oxford, 2013.
Oakeshott, Michael. Hobbes on the civil association. Liberty fund, 2012.
Prokhovnik, Raia. Rhetoric and philosophy in Hobbes’ Leviathan. Routledge, 2019.
[1] Oakeshott, Michael. Hobbes on the civil association. Liberty fund, 2012.
[2] Oakeshott, Michael. Hobbes on the civic association. Liberty fund, 2012.
[3] Prokhovnik, Raia. Rhetoric and philosophy in Hobbes’ Leviathan. Routledge, 2019.
[4] May, Larry. Limiting Leviathan: Hobbes on law and international affairs. OUP Oxford, 2013.