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second treatise of government-第13章

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 and  being in the state of slavery; not capable of any property;  cannot in that state be considered as any part of civil society;  the chief end whereof is the preservation of property。      Sec。 86。  Let us therefore consider a master of a family  with all these subordinate relations of wife; children; servants;  and slaves; united under the domestic rule of a family; which;  what resemblance soever it may have in its order; offices; and  number too; with a little common…wealth; yet is very far from it;  both in its constitution; power and end: or if it must be thought  a monarchy; and the paterfamilias the absolute monarch in it;  absolute monarchy will have but a very shattered and short power;  when it is plain; by what has been said before; that the master  of the family has a very distinct and differently limited power;  both as to time and extent; over those several persons that are  in it; for excepting the slave (and the family is as much a  family; and his power as paterfamilias as great; whether there be  any slaves in his family or no) he has no legislative power of  life and death over any of them; and none too but what a mistress  of a family may have as well as he。  And he certainly can have no  absolute power over the whole family; who has but a very limited  one over every individual in it。  But how a family; or any other  society of men; differ from that which is properly political  society; we shall best see; by considering wherein political  society itself consists。      Sec。 87。  Man being born; as has been proved; with a title  to perfect freedom; and an uncontrouled enjoyment of all the  rights and privileges of the law of nature; equally with any  other man; or number of men in the world; hath by nature a power;  not only to preserve his property; that is; his life; liberty and  estate; against the injuries and attempts of other men; but to  judge of; and punish the breaches of that law in others; as he is  persuaded the offence deserves; even with death itself; in crimes  where the heinousness of the fact; in his opinion; requires it。   But because no political society can be; nor subsist; without  having in itself the power to preserve the property; and in order  thereunto; punish the offences of all those of that society;  there; and there only is political society; where every one of  the members hath quitted this natural power; resigned it up into  the hands of the community in all cases that exclude him not from  appealing for protection to the law established by it。  And thus  all private judgment of every particular member being excluded;  the community comes to be umpire; by settled standing rules;  indifferent; and the same to all parties; and by men having  authority from the community; for the execution of those rules;  decides all the differences that may happen between any members  of that society concerning any matter of right; and punishes  those offences which any member hath committed against the  society; with such penalties as the law has established: whereby  it is easy to discern; who are; and who are not; in political  society together。  Those who are united into one body; and have a  common established law and judicature to appeal to; with  authority to decide controversies between them; and punish  offenders; are in civil society one with another: but those who 

have no such common appeal; I mean on earth; are still in the  state of nature; each being; where there is no other; judge for  himself; and executioner; which is; as I have before shewed it;  the perfect state of nature。        Sec。 88。  And thus the common…wealth comes by a power to set  down what punishment shall belong to the several transgressions  which they think worthy of it; committed amongst the members of  that society; (which is the power of making laws) as well as it  has the power to punish any injury done unto any of its members;  by any one that is not of it; (which is the power of war and  peace;) and all this for the preservation of the property of all  the members of that society; as far as 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 s
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