第 2 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  becomes dangerous to mankind; the tie which is to secure them from
  injury and violence being slighted and broken by him; which being a
  trespass against the whole species; and the peace and safety of it;
  provided for by the law of Nature; every man upon this score; by the
  right he hath to preserve mankind in general; may restrain; or where
  it is necessary; destroy things noxious to them; and so may bring such
  evil on any one who hath transgressed that law; as may make him repent
  the doing of it; and thereby deter him; and; by his example; others
  from doing the like mischief。 And in this case; and upon this
  ground; every man hath a right to punish the offender; and be
  executioner of the law of Nature。
  9。 I doubt not but this will seem a very strange doctrine to some
  men; but before they condemn it; I desire them to resolve me by what
  right any prince or state can put to death or punish an alien for
  any crime he commits in their country? It is certain their laws; by
  virtue of any sanction they receive from the promulgated will of the
  legislature; reach not a stranger。 They speak not to him; nor; if they
  did; is he bound to hearken to them。 The legislative authority by
  which they are in force over the subjects of that commonwealth hath no
  power over him。 Those who have the supreme power of making laws in
  England; France; or Holland are; to an Indian; but like the rest of
  the world… men without authority。 And therefore; if by the law of
  Nature every man hath not a power to punish offences against it; as he
  soberly judges the case to require; I see not how the magistrates of
  any community can punish an alien of another country; since; in
  reference to him; they can have no more power than what every man
  naturally may have over another。
  10。 Besides the crime which consists in violating the laws; and
  varying from the right rule of reason; whereby a man so far becomes
  degenerate; and declares himself to quit the principles of human
  nature and to be a noxious creature; there is commonly injury done;
  and some person or other; some other man; receives damage by his
  transgression; in which case; he who hath received any damage has
  (besides the right of punishment common to him; with other men) a
  particular right to seek reparation from him that hath done it。 And
  any other person who finds it just may also join with him that is
  injured; and assist him in recovering from the offender so much as may
  make satisfaction for the harm he hath suffered。
  11。 From these two distinct rights (the one of punishing the
  crime; for restraint and preventing the like offence; which right of
  punishing is in everybody; the other of taking reparation; which
  belongs only to the injured party) comes it to pass that the
  magistrate; who by being magistrate hath the common right of punishing
  put into his hands; can often; where the public good demands not the
  execution of the law; remit the punishment of criminal offences by his
  own authority; but yet cannot remit the satisfaction due to any
  private man for the damage he has received。 That he who hath
  suffered the damage has a right to demand in his own name; and he
  alone can remit。 The damnified person has this power of
  appropriating to himself the goods or service of the offender by right
  of self…preservation; as every man has a power to punish the crime
  to prevent its being committed again; by the right he has of
  preserving all mankind; and doing all reasonable things he can in
  order to that end。 And thus it is that every man in the state of
  Nature has a power to kill a murderer; both to deter others from doing
  the like injury (which no reparation can compensate) by the example of
  the punishment that attends it from everybody; and also to secure
  men from the attempts of a criminal who; having renounced reason;
  the common rule and measure God hath given to mankind; hath; by the
  unjust violence and slaughter he hath committed upon one; declared war
  against all mankind; and therefore may be destroyed as a lion or a
  tiger; one of those wild savage beasts with whom men can have no
  society nor security。 And upon this is grounded that great law of
  nature; 〃Whoso sheddeth man's blood; by man shall his blood be
  shed。〃 And Cain was so fully convinced that every one had a right to
  destroy such a criminal; that; after the murder of his brother; he
  cries out; 〃Every one that findeth me shall slay me;〃 so plain was
  it writ in the hearts of all mankind。
  12。 By the same reason may a man in the state of Nature punish the
  lesser breaches of that law; it will; perhaps; be demanded; with
  death? I answer: Each transgression may be punished to that degree;
  and with so much severity; as will suffice to make it an ill bargain
  to the offender; give him cause to repent; and terrify others from
  doing the like。 Every offence that can be committed in the state of
  Nature may; in the state of Nature; be also punished equally; and as
  far forth; as it may; in a commonwealth。 For though it would be beside
  my present purpose to enter here into the particulars of the law of
  Nature; or its measures of punishment; yet it is certain there is such
  a law; and that too as intelligible and plain to a rational creature
  and a studier of that law as the positive laws of commonwealths;
  nay; possibly plainer; as much as reason is easier to be understood
  than the fancies and intricate contrivances of men; following contrary
  and hidden interests put into words; for truly so are a great part
  of the municipal laws of countries; which are only so far right as
  they are founded on the law of Nature; by which they are to be
  regulated and interpreted。
  13。 To this strange doctrine… viz。; That in the state of Nature
  every one has the executive power of the law of Nature… I doubt not
  but it will be objected that it is unreasonable for men to be judges
  in their own cases; that self…love will make men partial to themselves
  and their friends; and; on the other side; ill…nature; passion; and
  revenge will carry them too far in punishing others; and hence nothing
  but confusion and disorder will follow; and that therefore God hath
  certainly appointed government to restrain the partiality and violence
  of men。 I easily grant that civil government is the proper remedy
  for the inconveniences of the state of Nature; which must certainly be
  great where men may be judges in their own case; since it is easy to
  be imagined that he who was so unjust as to do his brother an injury
  will scarce be so just as to condemn himself for it。 But I shall
  desire those who make this objection to remember that absolute
  monarchs are but men; and if government is to be the remedy of those
  evils which necessarily follow from men being judges in their own
  cases; and the state of Nature is therefore not to be endured; I
  desire to know what kind of government that is; and how much better it
  is than the state of Nature; where one man commanding a multitude
  has the liberty to be judge in his own case; and may do to all his
  subjects whatever he pleases without the least question or control
  of those who execute his pleasure? and in whatsoever he doth;
  whether led by reason; mistake; or passion; must be submitted to?
  which men in the state of Nature are not bound to do one to another。
  And if he that judges; judges amiss in his own or any other case; he
  is answerable for it to the rest of mankind。
  14。 It is often asked as a mighty objection; where are; or ever
  were; there any men in such a state of Nature? To which it may suffice
  as an answer at present; that since all princes and rulers of
  〃independent〃 governments all through the world are in a state of
  Nature; it is plain the world never was; nor never will be; without
  numbers of men in that state。 I have named all governors of
  〃independent〃 communities; whether they are; or are not; in league
  with others; for it is not every compact that puts an end to the state
  of Nature between men; but only this one of agreeing together mutually
  to enter into one community; and make one body politic; other promises
  and compacts men may make one with another; and yet still be in the
  state of Nature。 The promises and bargains for truck; etc。; between
  the two men in Soldania; in or between a Swiss and an Indian; in the
  woods of America; are binding to them; though they are perfectly in
  a state of Nature in reference to one another for truth; and keeping
  of faith belongs to men as men; and not as members of society。
  15。 To those that say there were never any men in the state of
  Nature; I will not oppose the authority of the judicious Hooker (Eccl。
  Pol。 i。 10); where he says; 〃the laws which have been hitherto
  mentioned〃… i。e。; the laws of Nature… 〃do bind men absolutely; even as
  they are men; although they have never any settled fellowship; never
  any solemn agreement amongst themselves what to do or not to do; but
  for as much as we are not by ourselves sufficient to furnish ourselves
  with competent store of things needful for such a life as our Nature
  doth desire; a life fit for the dignity of man; therefore t