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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; with what resemblance soever it
may have in its order; offices; and number too; with a little
commonwealth; 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。
87。 Man being born; as has been proved; with a title to perfect
freedom and an uncontrolled 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; and by understanding indifferent
rules and men authorised by the community for their execution; 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 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 showed it; the perfect
state of Nature。
88。 And thus the commonwealth comes by a power to set down what
punishment shall belong to the several transgressions 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 entered into society has
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 up a right to
the commonwealth to employ his force for the execution of the
judgments of the commonwealth whenever he shall be called to it;
which; indeed; are his own judgements; 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
commonwealth; and also 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。
89。 Wherever; therefore; any number of men so unite 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 wherever 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 authorises 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 commonwealth; 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
wherever 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。
90。 And hence it is evident that absolute monarchy; which by some
men is counted for the only government in the world; is indeed
inconsistent with civil society; and so can be not form of civil
government at all。 For the end of civil society being to avoid and
remedy those inconveniences 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。* Wherever any persons are who have not such
an authority to appeal to; and decide 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 showed which may necessarily enforce that
the law of reason or of God doth enjoin the contrary。〃 Hooker; Eccl。
Pol。; i。 16。
91。 For he being supposed to have all; both legisla