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第20章

concerning civil government-第20章

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  126。 Thirdly; in the state of Nature there often wants power to back

and support the sentence when right; and to give it due execution。

They who by any injustice offended will seldom fail where they are

able by force to make good their injustice。 Such resistance many times

makes the punishment dangerous; and frequently destructive to those

who attempt it。

  127。 Thus mankind; notwithstanding all the privileges of the state

of Nature; being but in an ill condition while they remain in it are

quickly driven into society。 Hence it comes to pass; that we seldom

find any number of men live any time together in this state。 The

inconveniencies that they are therein exposed to by the irregular

and uncertain exercise of the power every man has of punishing the

transgressions of others; make them take sanctuary under the

established laws of government; and therein seek the preservation of

their property。 It is this that makes them so willingly give up

every one his single power of punishing to be exercised by such

alone as shall be appointed to it amongst them; and by such rules as

the community; or those authorised by them to that purpose; shall

agree on。 And in this we have the original right and rise of both

the legislative and executive power as well as of the governments

and societies themselves。

  128。 For in the state of Nature to omit the liberty he has of

innocent delights; a man has two powers。 The first is to do whatsoever

he thinks fit for the preservation of himself and others within the

permission of the law of Nature; by which law; common to them all;

he and all the rest of mankind are one community; make up one

society distinct from all other creatures; and were it not for the

corruption and viciousness of degenerate men; there would be no need

of any other; no necessity that men should separate from this great

and natural community; and associate into lesser combinations。 The

other power a man has in the state of Nature is the power to punish

the crimes committed against that law。 Both these he gives up when

he joins in a private; if I may so call it; or particular political

society; and incorporates into any commonwealth separate from the rest

of mankind。

  129。 The first power… viz。; of doing whatsoever he thought fit for

the preservation of himself and the rest of mankind; he gives up to be

regulated by laws made by the society; so far forth as the

preservation of himself and the rest of that society shall require;

which laws of the society in many things confine the liberty he had by

the law of Nature。

  130。 Secondly; the power of punishing he wholly gives up; and

engages his natural force; which he might before employ in the

execution of the law of Nature; by his own single authority; as he

thought fit; to assist the executive power of the society as the law

thereof shall require。 For being now in a new state; wherein he is

to enjoy many conveniencies from the labour; assistance; and society

of others in the same community; as well as protection from its

whole strength; he is to part also with as much of his natural

liberty; in providing for himself; as the good; prosperity; and safety

of the society shall require; which is not only necessary but just;

since the other members of the society do the like。

  131。 But though men when they enter into society give up the

equality; liberty; and executive power they had in the state of Nature

into the hands of the society; to be so far disposed of by the

legislative as the good of the society shall require; yet it being

only with an intention in every one the better to preserve himself;

his liberty and property (for no rational creature can be supposed

to change his condition with an intention to be worse); the power of

the society or legislative constituted by them can never be supposed

to extend farther than the common good; but is obliged to secure every

one's property by providing against those three defects above

mentioned that made the state of Nature so unsafe and uneasy。 And

so; whoever has the legislative or supreme power of any

commonwealth; is bound to govern by established standing laws;

promulgated and known to the people; and not by extemporary decrees;

by indifferent and upright judges; who are to decide controversies

by those laws; and to employ the force of the community at home only

in the execution of such laws; or abroad to prevent or redress foreign

injuries and secure the community from inroads and invasion。 And all

this to be directed to no other end but the peace; safety; and

public good of the people。

                              Chapter X

                    Of the Forms of a Commonwealth



  132。 THE majority having; as has been showed; upon men's first

uniting into society; the whole power of the community naturally in

them; may employ all that power in making laws for the community

from time to time; and executing those laws by officers of their own

appointing; and then the form of the government is a perfect

democracy; or else may put the power of making laws into the hands

of a few select men; and their heirs or successors; and then it is

an oligarchy; or else into the hands of one man; and then it is a

monarchy; if to him and his heirs; it is a hereditary monarchy; if

to him only for life; but upon his death the power only of

nominating a successor; to return to them; an elective monarchy。 And

so accordingly of these make compounded and mixed forms of government;

as they think good。 And if the legislative power be at first given

by the majority to one or more persons only for their lives; or any

limited time; and then the supreme power to revert to them again; when

it is so reverted the community may dispose of it again anew into what

hands they please; and so constitute a new form of government; for the

form of government depending upon the placing the supreme power; which

is the legislative; it being impossible to conceive that an inferior

power should prescribe to a superior; or any but the supreme make

laws; according as the power of making laws is placed; such is the

form of the commonwealth。

  133。 By 〃commonwealth〃 I must be understood all along to mean not

a democracy; or any form of government; but any independent

community which the Latins signified by the word civitas; to which the

word which best answers in our language is 〃commonwealth;〃 and most

properly expresses such a society of men which 〃community〃 does not

(for there may be subordinate communities in a government); and 〃city〃

much less。 And therefore; to avoid ambiguity; I crave leave to use the

word 〃commonwealth〃 in that sense; in which sense I find the word used

by King James himself; which I think to be its genuine

signification; which; if anybody dislike; I consent with him to change

it for a better。

                              Chapter XI

                Of the Extent of the Legislative Power



  134。 THE great end of men's entering into society being the

enjoyment of their properties in peace and safety; and the great

instrument and means of that being the laws established in that

society; the first and fundamental positive law of all commonwealths

is the establishing of the legislative power; as the first and

fundamental natural law which is to govern even the legislative。

Itself is the preservation of the society and (as far as will

consist with the public good) of every person in it。 This

legislative is not only the supreme power of the commonwealth; but

sacred and unalterable in the hands where the community have once

placed it。 Nor can any edict of anybody else; in what form soever

conceived; or by what power soever backed; have the force and

obligation of a law which has not its sanction from that legislative

which the public has chosen and appointed; for without this the law

could not have that which is absolutely necessary to its being a

law; the consent of the society; over whom nobody can have a power

to make laws* but by their own consent and by authority received

from them; and therefore all the obedience; 

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