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concerning civil government-第4章

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from them everything else; and so be looked on as in a state of war。

  18。 This makes it lawful for a man to kill a thief who has not in

the least hurt him; nor declared any design upon his life; any farther

than by the use of force; so to get him in his power as to take away

his money; or what he pleases; from him; because using force; where he

has no right to get me into his power; let his pretence be what it

will; I have no reason to suppose that he who would take away my

liberty would not; when he had me in his power; take away everything

else。 And; therefore; it is lawful for me to treat him as one who

has put himself into a state of war with me… i。e。; kill him if I

can; for to that hazard does he justly expose himself whoever

introduces a state of war; and is aggressor in it。

  19。 And here we have the plain difference between the state of

Nature and the state of war; which however some men have confounded;

are as far distant as a state of peace; goodwill; mutual assistance;

and preservation; and a state of enmity; malice; violence and mutual

destruction are one from another。 Men living together according to

reason without a common superior on earth; with authority to judge

between them; is properly the state of Nature。 But force; or a

declared design of force upon the person of another; where there is no

common superior on earth to appeal to for relief; is the state of war;

and it is the want of such an appeal gives a man the right of war even

against an aggressor; though he be in society and a fellow…subject。

Thus; a thief whom I cannot harm; but by appeal to the law; for having

stolen all that I am worth; I may kill when he sets on me to rob me

but of my horse or coat; because the law; which was made for my

preservation; where it cannot interpose to secure my life from present

force; which if lost is capable of no reparation; permits me my own

defence and the right of war; a liberty to kill the aggressor; because

the aggressor allows not time to appeal to our common judge; nor the

decision of the law; for remedy in a case where the mischief may be

irreparable。 Want of a common judge with authority puts all men in a

state of Nature; force without right upon a man's person makes a state

of war both where there is; and is not; a common judge。

  20。 But when the actual force is over; the state of war ceases

between those that are in society and are equally on both sides

subject to the judge; and; therefore; in such controversies; where the

question is put; 〃Who shall be judge?〃 it cannot be meant who shall

decide the controversy; every one knows what Jephtha here tells us;

that 〃the Lord the Judge〃 shall judge。 Where there is no judge on

earth the appeal lies to God in Heaven。 That question then cannot mean

who shall judge; whether another hath put himself in a state of war

with me; and whether I may; as Jephtha did; appeal to Heaven in it? Of

that I myself can only judge in my own conscience; as I will answer it

at the great day to the Supreme Judge of all men。

                              Chapter IV

                              Of Slavery



  21。 The natural liberty of man is to be free from any superior power

on earth; and not to be under the will or legislative authority of

man; but to have only the law of Nature for his rule。 The liberty of

man in society is to be under no other legislative power but that

established by consent in the commonwealth; nor under the dominion

of any will; or restraint of any law; but what that legislative

shall enact according to the trust put in it。 Freedom; then; is not

what Sir Robert Filmer tells us: 〃A liberty for every one to do what

he lists; to live as he pleases; and not to be tied by any laws〃;

but freedom of men under government is to have a standing rule to live

by; common to every one of that society; and made by the legislative

power erected in it。 A liberty to follow my own will in all things

where that rule prescribes not; not to be subject to the inconstant;

uncertain; unknown; arbitrary will of another man; as freedom of

nature is to be under no other restraint but the law of Nature。

  22。 This freedom from absolute; arbitrary power is so necessary

to; and closely joined with; a man's preservation; that he cannot part

with it but by what forfeits his preservation and life together。 For a

man; not having the power of his own life; cannot by compact or his

own consent enslave himself to any one; nor put himself under the

absolute; arbitrary power of another to take away his life when he

pleases。 Nobody can give more power than he has himself; and he that

cannot take away his own life cannot give another power over it。

Indeed; having by his fault forfeited his own life by some act that

deserves death; he to whom he has forfeited it may; when he has him in

his power; delay to take it; and make use of him to his own service;

and he does him no injury by it。 For; whenever he finds the hardship

of his slavery outweigh the value of his life; it is in his power;

by resisting the will of his master; to draw on himself the death he

desires。

  23。 This is the perfect condition of slavery; which is nothing

else but the state of war continued between a lawful conqueror and a

captive; for if once compact enter between them; and make an agreement

for a limited power on the one side; and obedience on the other; the

state of war and slavery ceases as long as the compact endures; for;

as has been said; no man can by agreement pass over to another that

which he hath not in himself… a power over his own life。

  I confess; we find among the Jews; as well as other nations; that

men did sell themselves; but it is plain this was only to drudgery;

not to slavery; for it is evident the person sold was not under an

absolute; arbitrary; despotical power; for the master could not have

power to kill him at any time; whom at a certain time he was obliged

to let go free out of his service; and the master of such a servant

was so far from having an arbitrary power over his life that he

could not at pleasure so much as maim him; but the loss of an eye or

tooth set him free (Exod。 21。)。

                              Chapter V

                             Of Property



  24。 Whether we consider natural reason; which tells us that men;

being once born; have a right to their preservation; and

consequently to meat and drink and such other things as Nature affords

for their subsistence; or 〃revelation;〃 which gives us an account of

those grants God made of the world to Adam; and to Noah and his

sons; it is very clear that God; as King David says (Psalm 115。 16);

〃has given the earth to the children of men;〃 given it to mankind in

common。 But; this being supposed; it seems to some a very great

difficulty how any one should ever come to have a property in

anything; I will not content myself to answer; that; if it be

difficult to make out 〃property〃 upon a supposition that God gave

the world to Adam and his posterity in common; it is impossible that

any man but one universal monarch should have any 〃prop
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