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concerning civil government-第2章

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comes not in competition; ought he as much as he can to preserve the

rest of mankind; and not unless it be to do justice on an offender;

take away or impair the life; or what tends to the preservation of the

life; the liberty; health; limb; or goods of another。

  7。 And that all men may be restrained from invading others'

rights; and from doing hurt to one another; and the law of Nature be

observed; which willeth the peace and preservation of all mankind; the

execution of the law of Nature is in that state put into every man's

hands; whereby every one has a right to punish the transgressors of

that law to such a degree as may hinder its violation。 For the law

of Nature would; as all other laws that concern men in this world;

be in vain if there were nobody that in the state of Nature had a

power to execute that law; and thereby preserve the innocent and

restrain offenders; and if any one in the state of Nature may punish

another for any evil he has done; every one may do so。 For in that

state of perfect equality; where naturally there is no superiority

or jurisdiction of one over another; what any may do in prosecution of

that law; every one must needs have a right to do。

  8。 And thus; in the state of Nature; one man comes by a power over

another; but yet no absolute or arbitrary power to use a criminal;

when he has got him in his hands; according to the passionate heats or

boundless extravagancy of his own will; but only to retribute to him

so far as calm reason and conscience dictate; what is proportionate to

his transgression; which is so much as may serve for reparation and

restraint。 For these two are the only reasons why one man may lawfully

do harm to another; which is that we call punishment。 In transgressing

the law of Nature; the offender declares himself to live by another

rule than that of reason and common equity; which is that measure

God has set to the actions of men for their mutual security; and so he

becomes dangerous to mankind; the tie which is to secure them from

injury and violence being slighted and broken by him; which being a

trespass against the whole species; and the peace and safety of it;

provided for by the law of Nature; every man upon this score; by the

right he hath to preserve mankind in general; may restrain; or where

it is necessary; destroy things noxious to them; and so may bring such

evil on any one who hath transgressed that law; as may make him repent

the doing of it; and thereby deter him; and; by his example; others

from doing the like mischief。 And in this case; and upon this

ground; every man hath a right to punish the offender; and be

executioner of the law of Nature。

  9。 I doubt not but this will seem a very strange doctrine to some

men; but before they condemn it; I desire them to resolve me by what

right any prince or state can put to death or punish an alien for

any crime he commits in their country? It is certain their laws; by

virtue of any sanction they receive from the promulgated will of the

legislature; reach not a stranger。 They speak not to him; nor; if they

did; is he bound to hearken to them。 The legislative authority by

which they are in force over the subjects of that commonwealth hath no

power over him。 Those who have the supreme power of making laws in

England; France; or Holland are; to an Indian; but like the rest of

the world… men without authority。 And therefore; if by the law of

Nature every man hath not a power to punish offences against it; as he

soberly judges the case to require; I see not how the magistrates of

any community can punish an alien of another country; since; in

reference to him; they can have no more power than what every man

naturally may have over another。

  10。 Besides the crime which consists in violating the laws; and

varying from the right rule of reason; whereby a man so far becomes

degenerate; and declares himself to quit the principles of human

nature and to be a noxious creature; there is commonly injury done;

and some person or other; some other man; receives damage by his

transgression; in which case; he who hath received any damage has

(besides the right of punishment common to him; with other men) a

particular right to seek reparation from him that hath done it。 And

any other person who finds it just may also join with him that is

injured; and assist him in recovering from the offender so much as may

make satisfaction for the harm he hath suffered。

  11。 From these two distinct rights (the one of punishing the

crime; for restraint and preventing the like offence; which right of

punishing is in everybody; the other of taking reparation; which

belongs only to the injured party) comes it to pass that the

magistrate; who by being magistrate hath the common right of punishing

put into his hands; can often; where the public good demands not the

execution of the law; remit the punishment of criminal offences by his

own authority; but yet cannot remit the satisfaction due to any

private man for the damage he has received。 That he who hath

suffered the damage has a right to demand in his own name; and he

alone can remit。 The damnified person has this power of

appropriating to himself the goods or service of the offender by right

of self…preservation; as every man has a power to punish the crime

to prevent its being committed again; by the right he has of

preserving all mankind; and doing all reasonable things he can in

order to that end。 And thus it is that every man in the state of

Nature has a power to kill a murderer; both to deter others from doing

the like injury (which no reparation can compensate) by the example of

the punishment that attends it from everybody; and also to secure

men from the attempts of a criminal who; having renounced reason;

the common rule and measure God hath given to mankind; hath; by the

unjust violence and slaughter he hath committed upon one; declared war

against all mankind; and therefore may be destroyed as a lion or a

tiger; one of those wild savage beasts with whom men can have no

society nor security。 And upon this is grounded that great law of

nature; 〃Whoso sheddeth man's blood; by man shall his blood be

shed。〃 And Cain was so fully convinced that every one had a right to

destroy such a criminal; that; after the murder of his brother; he

cries out; 〃Every one that findeth me shall slay me;〃 so plain was

it writ in the hearts of all mankind。

  12。 By the same reason may a man in the state of Nature punish the

lesser breaches of that law; it will; perhaps; be demanded; with

death? I answer: Each transgression may be punished to that degree;

and with so much severity; as will suffice to make it an ill bargain

to the offender; give him cause to repent; and terrify others from

doing the like。 Every offence that can be committed in the state of

Nature may; in the state of Nature; be also punished equally; and as

far forth; as it may; in a commonwealth。 For though it would be beside

my present purpose to enter here into the particulars of the law of

Nature; or its measures of punishment; yet it is 
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