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第15章

second treatise of government-第15章

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is possible。  But though  every man who has entered into civil society; and is become a  member of any commonwealth; has thereby quitted his power to  punish offences; against the law of nature; in prosecution of his  own private judgment; yet with the judgment of offences; which he  has given up to the legislative in all cases; where he can appeal  to the magistrate; he has given a right to the common…wealth to  employ his force; for the execution of the judgments of the  common…wealth; whenever he shall be called to it; which indeed  are his own judgments; they being made by himself; or his  representative。  And herein we have the original of the  legislative and executive power of civil society; which is to  judge by standing laws; how far offences are to be punished; when  committed within the common…wealth; and also to determine; by  occasional judgments founded on the present circumstances of the  fact; how far injuries from without are to be vindicated; and in  both these to employ all the force of all the members; when there  shall be need。        Sec。 89。  Where…ever therefore any number of men are so  united into one society; as to quit every one his executive power  of the law of nature; and to resign it to the public; there and  there only is a political; or civil society。  And this is done;  where…ever any number of men; in the state of nature; enter into  society to make one people; one body politic; under one supreme  government; or else when any one joins himself to; and  incorporates with any government already made: for hereby he  authorizes the society; or which is all one; the legislative  thereof; to make laws for him; as the public good of the society  shall require; to the execution whereof; his own assistance (as  to his own decrees) is due。  And this puts men out of a state of  nature into that of a common…wealth; by setting up a judge on  earth; with authority to determine all the controversies; and  redress the injuries that may happen to any member of the  commonwealth; which judge is the legislative; or magistrates  appointed by it。  And where…ever there are any number  of  men;   however associated; that have no such decisive power to appeal  to; there they are still in the state of nature。        Sec。 90。  Hence it is evident; that absolute monarchy; which  by some men is counted the only government in the world; is  indeed inconsistent with civil society; and so can be no form of  civil…government at all: for the end of civil society; being to  avoid; and remedy those inconveniencies of the state of nature;  which necessarily follow from every man's being judge in his own  case; by setting up a known authority; to which every one of that  society may appeal upon any injury received; or controversy that  may arise; and which every one of the* society ought to obey;  where…ever any persons are; who have not such an authority to  appeal to; for the decision of any difference between them; there  those persons are still in the state of nature; and so is every  absolute prince; in respect of those who are under his dominion。        (*The public power of all society is above every soul  contained in the same society; and the principal use of that  power is; to give laws unto all that are under it; which laws in  such cases we must obey; unless there be reason shewed which may  necessarily inforce; that the law of reason; or of God; doth 

enjoin the contrary; Hook。 Eccl。 Pol。 l。 i。 sect。 16。)        Sec。 91。  For he being supposed to have all; both  legislative and executive power in himself alone; there is no  judge to be found; no appeal lies open to any one; who may  fairly; and indifferently; and with authority decide; and from  whose decision relief and redress may be expected of any injury  or inconviency; that may be suffered from the prince; or by his  order: so that such a man; however intitled; Czar; or Grand  Seignior; or how you please; is as much in the state of nature;  with all under his dominion; as he is with therest of mankind:  for where…ever any two men are; who have no standing rule; and  common judge to appeal to on earth; for the determination of  controversies of right betwixt them; there they are still in the  state of* nature; and under all the inconveniencies of it; with  only this woful difference to the subject; or rather slave of an  absolute prince: that whereas; in the ordinary state of nature;  he has a liberty to judge of his right; and according to the best  of his power; to maintain it; now; whenever his property is  invaded by the will and order of his monarch; he has not only no  appeal; as those in society ought to have; but as if he were  degraded from the common state of rational creatures; is denied a  liberty to judge of; or to defend his right; and so is exposed to  all the misery and inconveniencies; that a man can fear from one;  who being in the unrestrained state of nature; is yet corrupted  with flattery; and armed with power。        (*To take away all such mutual grievances; injuries and  wrongs; i。e。 such as attend men in the state of nature; there was  no way but only by growing into composition and agreement amongst  themselves; by ordaining some kind of govemment public; and by  yielding themselves subject thereunto; that unto whom they  granted authority to rule and govem; by them the peace;  tranquillity and happy estate of the rest might be procured。  Men  always knew that where force and injury was offered; they might  be defenders of themselves; they knew that however men may seek  their own commodity; yet if this were done with injury unto  others; it was not to be suffered; but by all men; and all good  means to be withstood。  Finally; they knew that no man might in  reason take upon him to determine his own right; and according to  his own determination proceed in maintenance thereof; in as much  as every man is towards himself; and them whom he greatly  affects; partial; and therefore that strifes and troubles would  be endless; except they gave their common consent; all to be  ordered by some; whom they should agree upon; without which  consent there would be no reason that one man should take upon  him to be lord or judge over another; Hooker's Eccl。 Pol。 l。 i。  sect。 10。)        Sec。 92。  For he that thinks absolute power purifies men's  blood; and corrects the baseness of human nature; need read but  the history of this; or any other age; to be convinced of the  contrary。  He that would have been insolent and injurious in the  woods of America; would not probably be much better in a throne;  where perhaps learning and religion shall be found out to justify  all that he shall do to his subjects; and the sword presently  silence all those that dare question it: for what the protection  of absolute monarchy is; what kind of fathers of their countries  it makes princes to be and to what a degree of happiness and  security it carries civil society; where this sort of government  is grown to perfection; he that will look into the late relation  of Ceylon; may easily see。        Sec。 93。  In absolute monarchies indeed; as well as other  governments of the world; the subjects have an appeal to the law;  and judges to decide any controversies; and restrain any violence  that may happen betwixt the subjects themselves; one amongst  another。  This every one thinks necessary; and believes he  deserves to be thought a declared enemy to society and mankind;  who should go about to take it away。  But whether this be from a 

true love of mankind and society; and such a charity as we owe  all one to another; there is reason to doubt: for this is no more  than what every man; who loves his own power; profit; or  greatness; may and naturally must do; keep those animals from  hurting; or destroying one another; who labour and drudge only  for his pleasure and advantage; and so are taken care of; not out  of any love the master has for them; but love of himself; and the  profit they bring him: for if it be asked; what security; what  fence is there; in such a state; against the violence and  oppression of this absolute ruler? the very question can scarce  be borne。  They are ready to tell you; that it deserves death  only to ask after safety。  Betwixt subject

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