concerning civil government-第1节
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
1690
CONCERNING CIVIL GOVERNMENT； SECOND ESSAY
AN ESSAY CONCERNING THE TRUE ORIGINAL EXTENT AND
END OF CIVIL GOVERNMENT
by John Locke
Chapter I
Of Political Power
1。 It having been shown in the foregoing discourse：*
* An Essay Concerning Certain False Principles。
Firstly。 That Adam had not； either by natural right of fatherhood or
by positive donation from God； any such authority over his children；
nor dominion over the world； as is pretended。
Secondly。 That if he had； his heirs yet had no right to it。
Thirdly。 That if his heirs had； there being no law of Nature nor
positive law of God that determines which is the right heir in all
cases that may arise； the right of succession； and consequently of
bearing rule； could not have been certainly determined。
Fourthly。 That if even that had been determined； yet the knowledge
of which is the eldest line of Adam's posterity being so long since
utterly lost； that in the races of mankind and families of the
world； there remains not to one above another the least pretence to be
the eldest house； and to have the right of inheritance。
All these promises having； as I think； been clearly made out； it
is impossible that the rulers now on earth should make any benefit； or
derive any the least shadow of authority from that which is held to be
the fountain of all power； 〃Adam's private dominion and paternal
jurisdiction〃； so that he that will not give just occasion to think
that all government in the world is the product only of force and
violence； and that men live together by no other rules but that of
beasts； where the strongest carries it； and so lay a foundation for
perpetual disorder and mischief； tumult； sedition； and rebellion
（things that the followers of that hypothesis so loudly cry out
against）； must of necessity find out another rise of government；
another original of political power； and another way of designing
and knowing the persons that have it than what Sir Robert Filmer
hath taught us。
2。 To this purpose； I think it may not be amiss to set down what I
take to be political power。 That the power of a magistrate over a
subject may be distinguished from that of a father over his
children； a master over his servant； a husband over his wife； and a
lord over his slave。 All which distinct powers happening sometimes
together in the same man； if he be considered under these different
relations； it may help us to distinguish these powers one from
another； and show the difference betwixt a ruler of a commonwealth；
a father of a family； and a captain of a galley。
3。 Political power； then； I take to be a right of making laws；
with penalties of death； and consequently all less penalties for the
regulating and preserving of property； and of employing the force of
the community in the execution of such laws； and in the defence of the
commonwealth from foreign injury； and all this only for the public
good。
Chapter II
Of the State of Nature
4。 To understand political power aright； and derive it from its
original； we must consider what estate all men are naturally in； and
that is； a state of perfect freedom to order their actions； and
dispose of their possessions and persons as they think fit； within the
bounds of the law of Nature； without asking leave or depending upon
the will of any other man。
A state also of equality； wherein all the power and jurisdiction
is reciprocal； no one having more than another； there being nothing
more evident than that creatures of the same species and rank；
promiscuously born to all the same advantages of Nature； and the use
of the same faculties； should also be equal one amongst another；
without subordination or subjection； unless the lord and master of
them all should； by any manifest declaration of his will； set one
above another； and confer on him； by an evident and clear appointment；
an undoubted right to dominion and sovereignty。
5。 This equality of men by Nature； the judicious Hooker looks upon
as so evident in itself； and beyond all question； that he makes it the
foundation of that obligation to mutual love amongst men on which he
builds the duties they owe one another； and from whence he derives the
great maxims of justice and charity。 His words are：
〃The like natural inducement hath brought men to know that it is
no less their duty to love others than themselves； for seeing those
things which are equal； must needs all have one measure； if I cannot
but wish to receive good； even as much at every man's hands； as any
man can wish unto his own soul； how should I look to have any part
of my desire herein satisfied； unless myself be careful to satisfy the
like desire； which is undoubtedly in other men weak； being of one
and the same nature： to have anything offered them repugnant to this
desire must needs； in all respects； grieve them as much as me； so that
if I do harm； I must look to suffer； there being no reason that others
should show greater measure of love to me than they have by me
showed unto them； my desire； therefore； to be loved of my equals in
Nature； as much as possible may be； imposeth upon me a natural duty of
bearing to themward fully the like affection。 From which relation of
equality between ourselves and them that are as ourselves； what
several rules and canons natural reason hath drawn for direction of
life no man is ignorant。〃 （Eccl。 Pol。 i。）*
* Richard Hooker； The Laws of Ecclesiastical Polity。
6。 But though this be a state of liberty； yet it is not a state of
licence； though man in that state have an uncontrollable liberty to
dispose of his person or possessions； yet he has not liberty to
destroy himself； or so much as any creature in his possession； but
where some nobler use than its bare preservation calls for it。 The
state of Nature has a law of Nature to govern it； which obliges
every one； and reason； which is that law； teaches all mankind who will
but consult it； that being all equal and independent； no one ought
to harm another in his life； health； liberty or possessions； for men
being all the workmanship of one omnipotent and infinitely wise Maker；
all the servants of one sovereign Master； sent into the world by His
order and about His business； they are His property； whose workmanship
they are made to last during His； not one another's pleasure。 And；
being furnished with like faculties； sharing all in one community of
Nature； there cannot be supposed any such subordination among us
that may authorise us to destroy one another； as if we were made for
one another's uses； as the inferior ranks of creatures are for ours。
Every one as he is bound to preserve himself； and not to quit his
station wilfully； so by the like reason； when his own preservation
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
