第 1 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9321
  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