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