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