9. No doubt this will seem a very strange doctrine to some people; but before they condemn it, I challenge them to explain What right any king or state has to put to death or ‘otherwise punish a foreigner for a crime he commits in their country. The right is certainly not based on their laws, through any permission they get from the announced will of the legislature: for such announcements don't get through to a foreigner: they aren't addressed to him. and even if they were. he isn't obliged to listen. . . . Those who have the supreme power of making laws in England, France or Holland are to an Indian merely like the rest of the world, men Without authority. So if the law of nature didn't give every man a power to punish offences against it as he soberly judges the case to require. I don't see how the judiciary of any community can punish someone from another country; because they can't have any more power over him than every man can naturally have over another.
10. As well as ‘the crime that consists in violating the law and departing from the right rule of reason—crime through which man becomes so degenerate that he declares that he is deserting the principles of human nature and becoming vermin—there is often ‘transgression through which some- one does harm to someone else. In the latter case, the person who has been harmed has, in addition to the general right of punishment that he shares with everyone else, a particular right to seek reparation from the personwho harmed him: and anyone else who thinks this just may also join with the injured party and help him to recover from the offender such damages as may make satisfaction for the harm he has suffered.
11. So there are two distinct rights: (1) the right that everyone has, to punish the criminal so as to restrain him and prevent such offences in future: (11) the right that an injured party has to get reparation. Now, a magistrate, who by being magistrate has the common right of punishing put into his hands, can by his own authority (i) Cancel the punishment of a criminal offence in a case where the Public good doesn’t demand that the law be enforced: but he can't (ii) cancel the satisfaction due to any private man for the damage he has received. The only one who can do that is the person who has been harmed. The injured party has the power of taking for himself-the goods or service of the offender, by right of ‘self-preservation; and everyone has a power to punish the crime to prevent its being committed again, by the right he has of preserving ‘all mankind, and doing everything reasonable that he can to that end. And so it is that in the state of nature everyone has a power to kill a murderer, both ‘to deter others from this crime that no reparation can make up for, by the example of the punishment that everyone inflicts for it, and also ‘to secure men from future crimes by this criminal; he has renounced reason, the common rule and standard God has given to mankind, and by the unjust violence and slaughter he has comniitted on one person he has declared War against all mankind, so that he can be destroyed as though he were a lion or a tiger. . . . This is the basis for the great law of nature, Whoever sheds man’s blood, by man shall his blood be shed. Cain was so fully convinced that everyone had a right to destroy such a criminal that after murdering his brother he cried out ‘Anyone Whofinds me will slay me’—so plainly was this law Written in the hearts of all mankind.
12. For the same reason a man in the state of nature may punish lesser breaches of the law of nature. ‘By death?’ you may ask. I answer that each offence may be punished severely enough to make it a bad bargain for the offender, to give him reason to repent, and to terrify others fiom offending in the same Way. Every offence that can be °committed in the state of nature may also be ‘punished in the state of nature—and punished in the same way (as far as possible) as it would be in a commonwealth. I don’t want to go into the details of the law of nature or of its punitive measures, -but I will say this much- :— It is certain that there is a ‘law of nature, which is as intelligible and plain to a reasonable person who studies it as are the ‘positive laws of commonwealths. [See the explanation of ‘positive’ after section 1.] It may even be plainer—as much plainer as 'reason is -plainer-, easier to understand, than the fancies and intricate -theoretical- contrivances of men who have tried to find words that will further their conflicting hidden interests. For that is what has gone into the devising of most of the legislated laws of countries. Really. such laws are right only to the extent that they are founded on the law of nature, which is the standard by which they should be applied and interpreted. 13. To this strange doctrine -of mine-, namely that in the state of nature everyone has the power to enforce the law of nature, I expect this objection to be raised: It is unreasonable for men to be judges in their own cases. because self- love will bias men in favour of themselves and their friends. And on the other side, hostility, passion and revenge will lead them to punish others too severely. So nothing but confusion and disorder will follow, and that is why God has—as he certainly has—established government to restrain the pautiality and violence of men. I freely allow that civil government is the proper remedy for the drawbacks of the state of nature. There must certainly be great disadvantages in a state where men may be judges in their own case; someone who was so ‘unjust as to do his brother an injury will (we may well suppose) hardly be so ‘just as to condemn himself for it! But I respond to the objector as follows [the answer runs to the end of the section]:- If
the state of nature is intolerable because of the evils that are bound to follow from men's being judges in their own cases, and government is to be the remedy for this, -let us do a comparison-. On the one side there is the ‘state of nature; on the other there is 'government where one man——and remember that absolute monarchs are only men!——commands a mul- titude, is free to be the judge in his own case, and can do what he likes to all his subjects, with no—one being - " allowed to question or control those who carry out his wishes. and everyone having to put up with whatever he does, whether he is led by reason, mistake or passion. How much better it is in the state of nature, where no man is obliged to submit to the unjust will of someone else. and someone who judges wrongly (whether or not it is in his own case) is answerable for that to the rest of mankind!
14. It is often asked, as though this were a mighty objection: ‘Where are there—where ever were there—any men in such a state of nature?’ Here is an answer that may suffice in the mean time:— The world always did and always will have many men in the state of nature. because all monarchs and rulers of independent governments throughout the world are in that state. I include in this all who govern independent communities, whether or not they are in league with others; for the state of nature between men isn't ended just by their making a pact with one another. The only pact that ends the state of nature is one in which men agree together mutually to enter into one community and make one body politic. . . . The promises and bargains involved in bartering between two men on a desert island,. . . .or between a Swiss and an Indian in the woods of America, are binding on them even though they are perfectly in a state of nature in relation to one another; for truth and promise~keeping belongs to men 'as men, not ‘as members of society—i.e. as a matter of natural law, not positive law-.
15. To those who deny that anyone was ever in the state of nature, I oppose the authority of the judicious Hooker, who Writes: The laws. . . .of nature bind men absolutely, just as men, even if they have no settled fellowship ; no solemn agreement among themselves about What to do and what not to do. What naturally leads us to seek communion and fellowship with other people is the fact that on our own we haven't the means to provide ourselves with an adequate store of things that We need for the kind of life our nature desires, a life fit for the dignity of man. It was to make up for those defects and imperfections of the solitary life that men first united themselves in politic societies. (The Laws of Ecclesiastical Polity, Bk 1. sect. 10)
And I also affirm that all men are naturally in the state of nature, and remain so until they consent to make themselves members of some political society. I expect to make all this very clear in later parts of this discourse.
16. The state of war is a state of enmity and destruction. So When someone declares by Word or action—not in a sudden outburst of rage, but as a matter of calm settled design-that he intends to end another man's life, he puts himself into a state of war against the other person; and he thereby exposes his life to the risk of falling to the power of the
9. ไม่มีข้อสงสัยนี้จะดูเหมือนลัทธิแปลก ๆ บางคน แต่ก่อนผู้พิพากษา ความท้าทายให้อธิบายอะไรขวากษัตริย์ใด ๆ หรือมีรัฐปลิด หรือ ' มิฉะนั้นจะ ลงโทษชาวต่างชาติสำหรับอาชญากรรมที่เขาทำในประเทศของตน ด้านขวาแน่นอนไม่ขึ้นอยู่กับกฎหมาย ผ่านสิทธิ์ใดๆ พวกเขาได้รับจากจะกำหนดของทูลเกล้าทูลกระหม่อม: สำหรับประกาศดังกล่าวไม่ได้ผ่านการเป็นชาวต่างประเทศ: พวกเขาไม่ได้อยู่กับเขา และ แม้ว่าพวกเขา เขาไม่ใช่หน้าที่ฟัง. ... ผู้มีอำนาจสูงสุดของกฎหมายในอังกฤษ ฝรั่งเศส หรือฮอลแลนด์ได้ที่อินเดียแค่เช่นส่วนเหลือของโลก ผู้ชายเฉย ดังนั้น ถ้ากฎหมายธรรมชาติไม่ได้ให้ทุกคน กำลังจะลงโทษการผิดสัญญานั้นเป็นเขา soberly พิพากษากรณีที่ต้องการ ไม่เห็นว่าศาลชุมชนใดสามารถลงโทษคนจากประเทศอื่น เพราะพวกเขาไม่มีใด ๆ พลังงานกว่าเขามากกว่าสามารถทุกคนมีธรรมชาติกว่าอีก 10. เป็น ' อาชญากรรมที่ละเมิดกฎหมาย และออกจากกฎเหมาะสมของเหตุผล — อาชญากรรมผ่านคนที่กลายเป็น degenerate ดังว่า เขาประกาศว่า เขาเป็นหลักของธรรมชาติของมนุษย์ที่กระจัดกระจายหนีหายไป และกลายเป็น ไฟท์ — มักจะมี ' นั้นที่บางวันไม่เป็นอันตรายต่อผู้อื่น นเมื่อ ผู้ได้รับอันตราย ได้ นอกจากนี้การลงโทษที่เขาร่วมกับคนอื่น ๆ ทั่วไป สิทธิเฉพาะหาชดใช้จาก personwho ที่อันตรายเขา: และใครที่คิดนี้เพียงยังอาจเข้าร่วมกับฝ่ายบาดเจ็บ และช่วยให้เขากู้คืนจากผู้กระทำผิดเช่นความเสียหายอาจทำให้ความพึงพอใจสำหรับอันตรายที่เขาได้รับความเดือดร้อน11. So there are two distinct rights: (1) the right that everyone has, to punish the criminal so as to restrain him and prevent such offences in future: (11) the right that an injured party has to get reparation. Now, a magistrate, who by being magistrate has the common right of punishing put into his hands, can by his own authority (i) Cancel the punishment of a criminal offence in a case where the Public good doesn’t demand that the law be enforced: but he can't (ii) cancel the satisfaction due to any private man for the damage he has received. The only one who can do that is the person who has been harmed. The injured party has the power of taking for himself-the goods or service of the offender, by right of ‘self-preservation; and everyone has a power to punish the crime to prevent its being committed again, by the right he has of preserving ‘all mankind, and doing everything reasonable that he can to that end. And so it is that in the state of nature everyone has a power to kill a murderer, both ‘to deter others from this crime that no reparation can make up for, by the example of the punishment that everyone inflicts for it, and also ‘to secure men from future crimes by this criminal; he has renounced reason, the common rule and standard God has given to mankind, and by the unjust violence and slaughter he has comniitted on one person he has declared War against all mankind, so that he can be destroyed as though he were a lion or a tiger. . . . This is the basis for the great law of nature, Whoever sheds man’s blood, by man shall his blood be shed. Cain was so fully convinced that everyone had a right to destroy such a criminal that after murdering his brother he cried out ‘Anyone Whofinds me will slay me’—so plainly was this law Written in the hearts of all mankind.12. For the same reason a man in the state of nature may punish lesser breaches of the law of nature. ‘By death?’ you may ask. I answer that each offence may be punished severely enough to make it a bad bargain for the offender, to give him reason to repent, and to terrify others fiom offending in the same Way. Every offence that can be °committed in the state of nature may also be ‘punished in the state of nature—and punished in the same way (as far as possible) as it would be in a commonwealth. I don’t want to go into the details of the law of nature or of its punitive measures, -but I will say this much- :— It is certain that there is a ‘law of nature, which is as intelligible and plain to a reasonable person who studies it as are the ‘positive laws of commonwealths. [See the explanation of ‘positive’ after section 1.] It may even be plainer—as much plainer as 'reason is -plainer-, easier to understand, than the fancies and intricate -theoretical- contrivances of men who have tried to find words that will further their conflicting hidden interests. For that is what has gone into the devising of most of the legislated laws of countries. Really. such laws are right only to the extent that they are founded on the law of nature, which is the standard by which they should be applied and interpreted. 13. To this strange doctrine -of mine-, namely that in the state of nature everyone has the power to enforce the law of nature, I expect this objection to be raised: It is unreasonable for men to be judges in their own cases. because self- love will bias men in favour of themselves and their friends. And on the other side, hostility, passion and revenge will lead them to punish others too severely. So nothing but confusion and disorder will follow, and that is why God has—as he certainly has—established government to restrain the pautiality and violence of men. I freely allow that civil government is the proper remedy for the drawbacks of the state of nature. There must certainly be great disadvantages in a state where men may be judges in their own case; someone who was so ‘unjust as to do his brother an injury will (we may well suppose) hardly be so ‘just as to condemn himself for it! But I respond to the objector as follows [the answer runs to the end of the section]:- Ifthe state of nature is intolerable because of the evils that are bound to follow from men's being judges in their own cases, and government is to be the remedy for this, -let us do a comparison-. On the one side there is the ‘state of nature; on the other there is 'government where one man——and remember that absolute monarchs are only men!——commands a mul- titude, is free to be the judge in his own case, and can do what he likes to all his subjects, with no—one being - " allowed to question or control those who carry out his wishes. and everyone having to put up with whatever he does, whether he is led by reason, mistake or passion. How much better it is in the state of nature, where no man is obliged to submit to the unjust will of someone else. and someone who judges wrongly (whether or not it is in his own case) is answerable for that to the rest of mankind!14. It is often asked, as though this were a mighty objection: ‘Where are there—where ever were there—any men in such a state of nature?’ Here is an answer that may suffice in the mean time:— The world always did and always will have many men in the state of nature. because all monarchs and rulers of independent governments throughout the world are in that state. I include in this all who govern independent communities, whether or not they are in league with others; for the state of nature between men isn't ended just by their making a pact with one another. The only pact that ends the state of nature is one in which men agree together mutually to enter into one community and make one body politic. . . . The promises and bargains involved in bartering between two men on a desert island,. . . .or between a Swiss and an Indian in the woods of America, are binding on them even though they are perfectly in a state of nature in relation to one another; for truth and promise~keeping belongs to men 'as men, not ‘as members of society—i.e. as a matter of natural law, not positive law-.15. To those who deny that anyone was ever in the state of nature, I oppose the authority of the judicious Hooker, who Writes: The laws. . . .of nature bind men absolutely, just as men, even if they have no settled fellowship ; no solemn agreement among themselves about What to do and what not to do. What naturally leads us to seek communion and fellowship with other people is the fact that on our own we haven't the means to provide ourselves with an adequate store of things that We need for the kind of life our nature desires, a life fit for the dignity of man. It was to make up for those defects and imperfections of the solitary life that men first united themselves in politic societies. (The Laws of Ecclesiastical Polity, Bk 1. sect. 10)And I also affirm that all men are naturally in the state of nature, and remain so until they consent to make themselves members of some political society. I expect to make all this very clear in later parts of this discourse.16. The state of war is a state of enmity and destruction. So When someone declares by Word or action—not in a sudden outburst of rage, but as a matter of calm settled design-that he intends to end another man's life, he puts himself into a state of war against the other person; and he thereby exposes his life to the risk of falling to the power of the
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