第 12 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  no absolute power over the whole family who has but a very limited one
  over every individual in it。 But how a family; or any other society of
  men; differ from that which is properly political society; we shall
  best see by considering wherein political society itself consists。
  87。 Man being born; as has been proved; with a title to perfect
  freedom and an uncontrolled enjoyment of all the rights and privileges
  of the law of Nature; equally with any other man; or number of men
  in the world; hath by nature a power not only to preserve his
  property… that is; his life; liberty; and estate; against the injuries
  and attempts of other men; but to judge of and punish the breaches
  of that law in others; as he is persuaded the offence deserves; even
  with death itself; in crimes where the heinousness of the fact; in his
  opinion; requires it。 But because no political society can be; nor
  subsist; without having in itself the power to preserve the
  property; and in order thereunto punish the offences of all those of
  that society; there; and there only; is political society where
  every one of the members hath quitted this natural power; resigned
  it up into the hands of the community in all cases that exclude him
  not from appealing for protection to the law established by it。 And
  thus all private judgment of every particular member being excluded;
  the community comes to be umpire; and by understanding indifferent
  rules and men authorised by the community for their execution; decides
  all the differences that may happen between any members of that
  society concerning any matter of right; and punishes those offences
  which any member hath committed against the society with such
  penalties as the law has established; whereby it is easy to discern
  who are; and are not; in political society together。 Those who are
  united into one body; and have a common established law and judicature
  to appeal to; with authority to decide controversies between them
  and punish offenders; are in civil society one with another; but those
  who have no such common appeal; I mean on earth; are still in the
  state of Nature; each being where there is no other; judge for himself
  and executioner; which is; as I have before showed it; the perfect
  state of Nature。
  88。 And thus the commonwealth comes by a power to set down what
  punishment shall belong to the several transgressions they think
  worthy of it; committed amongst the members of that society (which
  is the power of making laws); as well as it has the power to punish
  any injury done unto any of its members by any one that is not of it
  (which is the power of war and peace); and all this for the
  preservation of the property of all the members of that society; as
  far as is possible。 But though every man entered into society has
  quitted his power to punish offences against the law of Nature in
  prosecution of his own private judgment; yet with the judgment of
  offences which he has given up to the legislative; in all cases
  where he can appeal to the magistrate; he has given up a right to
  the commonwealth to employ his force for the execution of the
  judgments of the commonwealth whenever he shall be called to it;
  which; indeed; are his own judgements; they being made by himself or
  his representative。 And herein we have the original of the legislative
  and executive power of civil society; which is to judge by standing
  laws how far offences are to be punished when committed within the
  commonwealth; and also by occasional judgments founded on the
  present circumstances of the fact; how far injuries from without are
  to be vindicated; and in both these to employ all the force of all the
  members when there shall be need。
  89。 Wherever; therefore; any number of men so unite into one society
  as to quit every one his executive power of the law of Nature; and
  to resign it to the public; there and there only is a political or
  civil society。 And this is done wherever any number of men; in the
  state of Nature; enter into society to make one people one body
  politic under one supreme government: or else when any one joins
  himself to; and incorporates with any government already made。 For
  hereby he authorises the society; or which is all one; the legislative
  thereof; to make laws for him as the public good of the society
  shall require; to the execution whereof his own assistance (as to
  his own decrees) is due。 And this puts men out of a state of Nature
  into that of a commonwealth; by setting up a judge on earth with
  authority to determine all the controversies and redress the
  injuries that may happen to any member of the commonwealth; which
  judge is the legislative or magistrates appointed by it。 And
  wherever there are any number of men; however associated; that have no
  such decisive power to appeal to; there they are still in the state of
  Nature。
  90。 And hence it is evident that absolute monarchy; which by some
  men is counted for the only government in the world; is indeed
  inconsistent with civil society; and so can be not form of civil
  government at all。 For the end of civil society being to avoid and
  remedy those inconveniences of the state of Nature which necessarily
  follow from every man's being judge in his own case; by setting up a
  known authority to which every one of that society may appeal upon any
  injury received; or controversy that may arise; and which every one of
  the society ought to obey。* Wherever any persons are who have not such
  an authority to appeal to; and decide any difference between them
  there; those persons are still in the state of Nature。 And so is every
  absolute prince in respect of those who are under his dominion。
  * 〃The public power of all society is above every soul contained
  in the same society; and the principal use of that power is to give
  laws unto all that are under it; which laws in such cases we must
  obey; unless there be reason showed which may necessarily enforce that
  the law of reason or of God doth enjoin the contrary。〃 Hooker; Eccl。
  Pol。; i。 16。
  91。 For he being supposed to have all; both legislative and
  executive; power in himself alone; there is no judge to be found; no
  appeal lies open to any one; who may fairly and indifferently; and
  with authority decide; and from whence relief and redress may be
  expected of any injury or inconveniency that may be suffered from him;
  or by his order。 So that such a man; however entitled; Czar; or
  Grand Signior; or how you please; is as much in the state of Nature;
  with all under his dominion; as he is with the rest of mankind。 For
  wherever any two men are; who have no standing rule and common judge
  to appeal to on earth; for the determination of controversies of right
  betwixt them; there they are still in the state of Nature; and under
  all the inconveniencies of it; with only this woeful difference to the
  subject; or rather slave of an absolute prince。* That whereas; in
  the ordinary state of Nature; he has a liberty to judge of his
  right; according to the best of his power to maintain it; but whenever
  his property is invaded by the will and order of his monarch; he has
  not only no appeal; as those in society ought to have; but; as if he
  were degraded from the common state of rational creatures; is denied a
  liberty to judge of; or defend his right; and so is exposed to all the
  misery and inconveniencies that a man can fear from one; who being
  in the unrestrained state of Nature; is yet corrupted with flattery
  and armed with power。
  * 〃To take away all such mutual grievances; injuries; and wrongs…
  i。e。; such as attend men in the state of Nature; there was no way
  but only by growing into composition and agreement amongst
  themselves by ordaining some kind of government public; and by
  yielding themselves subject thereunto; that unto whom they granted
  authority to rule and govern; by them the peace; tranquillity; and
  happy estate of the rest might be procured。 Men always knew that where
  force and injury was offered; they might be defenders of themselves。
  They knew that; however men may seek their own commodity; yet if
  this were done with injury unto others; it was not to be suffered; but
  by all men and all good means to be withstood。 Finally; they knew that
  no man might; in reason; take upon him to determine his own right; and
  according to his own determination proceed in maintenance thereof;
  in as much as every man is towards himself; and them whom he greatly
  affects; partial; and therefore; that strifes and troubles would be
  endless; except they gave their common consent; all to be ordered by
  some whom they should agree upon; without which consent there would be
  no reason that one man should take upon him to be lord or judge over
  another。〃 Hooker; ibid。 10。
  92。 For he that thinks absolute power purifies men's blood; and
  corrects the baseness of human nature; need read but the history of
  this; or any other age; to be convinced to the contrary。 He that would
  have been insolent and injurious in the woods of America would not
  probably be much better on a throne; where perhaps learning and
  reli