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second treatise of government-第18章

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ts of the world; the subjects have an appeal to the law;  and judges to decide any controversies; and restrain any violence  that may happen betwixt the subjects themselves; one amongst  another。  This every one thinks necessary; and believes he  deserves to be thought a declared enemy to society and mankind;  who should go about to take it away。  But whether this be from a 

true love of mankind and society; and such a charity as we owe  all one to another; there is reason to doubt: for this is no more  than what every man; who loves his own power; profit; or  greatness; may and naturally must do; keep those animals from  hurting; or destroying one another; who labour and drudge only  for his pleasure and advantage; and so are taken care of; not out  of any love the master has for them; but love of himself; and the  profit they bring him: for if it be asked; what security; what  fence is there; in such a state; against the violence and  oppression of this absolute ruler? the very question can scarce  be borne。  They are ready to tell you; that it deserves death  only to ask after safety。  Betwixt subject and subject; they will  grant; there must be measures; laws and judges; for their mutual  peace and security: but as for the ruler; he ought to be  absolute; and is above all such circumstances; because he has  power to do more hurt and wrong; it is right when he does it。  To  ask how you may be guarded from harm; or injury; on that side  where the strongest hand is to do it; is presently the voice of  faction and rebellion: as if when men quitting the state of  nature entered into society; they agreed that all of them but  one; should be under the restraint of laws; but that he should  still retain all the liberty of the state of nature; increased  with power; and made licentious by impunity。  This is to think;  that men are so foolish; that they take care to avoid what  mischiefs may be done them by pole…cats; or foxes; but are  content; nay; think it safety; to be devoured by lions。        Sec。 94。  But whatever flatterers may talk to amuse people's  understandings; it hinders not men from feeling; and when they  perceive; that any man; in what station soever; is out of the  bounds of the civil society which they are of; and that they have  no appeal on earth against any harm; they may receive from him;  they are apt to think themselves in the state of nature; in  respect of him whom they find to be so; and to take care; as soon  as they can; to have that safety and security in civil society;  for which it was first instituted; and for which only they  entered into it。  And therefore; though perhaps at first ; (as  shall be shewed more at large hereafter in the following part of  this discourse) some one good and excellent man having got a  pre …eminency amongst the rest; had this deference paid to his  goodness and virtue; as to a kind of natural authority; that the  chief rule; with arbitration of their differences; by a tacit  consent devolved into his hands; without any other caution; but  the assurance they had of his uprightness and wisdom; yet when  time; giving authority; and (as some men would persuade us)  sacredness of customs; which the negligent; and unforeseeing  innocence of the first ages began; had brought in successors of  another stamp; the people finding their properties not secure  under the government; as then it was; (whereas government has no  other end but the preservation of * property) could never be safe  nor at rest; nor think themselves in civil society; till the  legislature was placed in collective bodies of men; call them  senate; parliament; or what you please。  By which means every  single person became subject; equally with other the meanest men;  to those laws; which he himself; as part of the legislative; had  established; nor could any one; by his own authority; avoid the  force of the law; when once made; nor by any pretence of  superiority plead exemption; thereby to license his own; or the  miscarriages of any of his dependents。**  No man in civil society  can be exempted from the laws of it: for if any man may do what  he thinks fit; and there be no appeal on earth; for redress or  security against any harm he shall do; I ask; whether he be not  perfectly still in the state of nature; and so can be no part or  member of that civil society; unless any one will say; the state  of nature and civil society are one and the same thing; which I  have never yet found any one so great a patron of anarchy as to  affirm。  

     (*At the first; when some certain kind of regiment was once  appointed; it may be that nothing was then farther thought upon  for the manner of goveming; but all permitted unto their wisdom  and discretion; which were to rule; till by experience they found  this for all parts very inconvenient; so as the thing which they  had devised for a remedy; did indeed but increase the sore; which  it should have cured。  They saw; that to live by one man's will;  became the cause of all men's misery。  This constrained them to  come unto laws; wherein all men might see their duty beforehand;  and know the penalties of transgressing them。  Hooker's Eccl。  Pol。 l。 i。 sect。 10。)        (**Civil law being the act of the whole body politic; cloth  therefore over…rule each several part of the same body。  Hooker;  ibid。)  

 

                     CHAP。  VIII。

        Of the Beginning of Political Societies。

     Sec。 95。  MEN being; as has been said; by nature; all free;  equal; and independent; no one can be put out of this estate; and  subjected to the political power of another; without his own  consent。  The only way whereby any one divests himself of his  natural liberty; and puts on the bonds of civil society; is by  agreeing with other men to join and unite into a community for  their comfortable; safe; and peaceable living one amongst  another; in a secure enjoyment of their properties; and a greater  security against any; that are not of it。  This any number of men  may do; because it injures not the freedom of the rest; they are  left as they were in the liberty of the state of nature。  When  any number of men have so consented to make one community or  government; they are thereby presently incorporated; and make one  body politic; wherein the majority have a right to act and  conclude the rest。      Sec。 96。  For when any number of men have; by the consent of  every individual; made a community; they have thereby made that  community one body; with a power to act as one body; which is  only by the will and determination of the majority: for that  which acts any community; being only the consent of the  individuals of it; and it being necessary to that which is one  body to move one way; it is necessary the body should move that  way whither the greater force carries it; which is the consent of  the majority: or else it is impossible it should act or continue  one body; one community; which the consent of every individual  that united into it; agreed that it should; and so every one is  bound by that consent to be concluded by the majority。  And  therefore we see; that in assemblies; impowered to act by  positive laws; where no number is set by that positive law w
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