§17. And hence it is, that he who attempts to get another man into his absolute power, does thereby6 put himself into a state of war with him; it being to be understood as a declaration of a design upon his life: for I have reason to conclude, that he who would get me into his power without my consent, would use me as he pleased when he had got me there, and destroy me too when he had a fancy to it; for no body can desire to have me in his absolute power, unless it be to compel me by force to that which is against the right of my freedom, i.e. make me a slave. To be free from such force is the only security of my preservation7; and reason bids me look on him, as an enemy to my preservation, who would take away that freedom which is the fence to it; so that he who makes an attempt to enslave me, thereby puts himself into a state of war with me. He that, in the state of nature, would take away the freedom that belongs to any one in that state, must necessarily be supposed to have a design to take away every thing else, that freedom being the foundation of all the rest; as he that, in the state of society, would take away the freedom belonging to those of that society or commonwealth8, must be supposed to design to take away from them every thing else, and so be looked on as in a state of war.
§18. This makes it lawful9 for a man to kill a thief, who has not in the least hurt him, nor declared any design upon his life, any farther than, by the use of force, so to get him in his power, as to take away his money, or what he pleases, from him; because using force, where he has no right, to get me into his power, let his pretence10 be what it will, I have no reason to suppose, that he, who would take away my liberty, would not, when he had me in his power, take away every thing else. And therefore it is lawful for me to treat him as one who has put himself into a state of war with me, i.e. kill him if I can; for to that hazard does he justly expose himself, whoever introduces a state of war, and is aggressor in it.
§19. And here we have the plain difference between the state of nature and the state of war, which however some men have confounded, are as far distant, as a state of peace, good will, mutual11 assistance and preservation, and a state of enmity, malice12, violence and mutual destruction, are one from another. Men living together according to reason, without a common superior on earth, with authority to judge between them, is properly the state of nature. But force, or a declared design of force, upon the person of another, where there is no common superior on earth to appeal to for relief, is the state of war: and it is the want of such an appeal gives a man the right of war even against an aggressor, tho’ he be in society and a fellow subject. Thus a thief, whom I cannot harm, but by appeal to the law, for having stolen all that I am worth, I may kill, when he sets on me to rob me but of my horse or coat; because the law, which was made for my preservation, where it cannot interpose to secure my life from present force, which, if lost, is capable of no reparation, permits me my own defence, and the right of war, a liberty to kill the aggressor, because the aggressor allows not time to appeal to our common judge, nor the decision of the law, for remedy in a case where the mischief13 may be irreparable. Want of a common judge with authority, puts all men in a state of nature: force without right, upon a man’s person, makes a state of war, both where there is, and is not, a common judge.
§20. But when the actual force is over, the state of war ceases between those that are in society, and are equally on both sides subjected to the fair determination of the law; because then there lies open the remedy of appeal for the past injury, and to prevent future harm: but where no such appeal is, as in the state of nature, for want of positive laws, and judges with authority to appeal to, the state of war once begun, continues, with a right to the innocent party to destroy the other whenever he can, until the aggressor offers peace, and desires reconciliation14 on such terms as may repair any wrongs he has already done, and secure the innocent for the future; nay15, where an appeal to the law, and constituted judges, lies open, but the remedy is denied by a manifest perverting16 of justice, and a barefaced17 wresting18 of the laws to protect or indemnify the violence or injuries of some men, or party of men, there it is hard to imagine any thing but a state of war: for wherever violence is used, and injury done, though by hands appointed to administer justice, it is still violence and injury, however coloured with the name, pretences19, or forms of law, the end whereof being to protect and redress20 the innocent, by an unbiassed application of it, to all who are under it; wherever that is not bona fide done, war is made upon the sufferers, who having no appeal on earth to right them, they are left to the only remedy in such cases, an appeal to heaven.
§21. To avoid this state of war (wherein there is no appeal but to heaven, and wherein every the least difference is apt to end, where there is no authority to decide between the contenders) is one great reason of men’s putting themselves into society, and quitting the state of nature: for where there is an authority, a power on earth, from which relief can be had by appeal, there the continuance of the state of war is excluded, and the controversy21 is decided22 by that power. Had there been any such court, any superior jurisdiction23 on earth, to determine the right between Jephtha and the Ammonites, they had never come to a state of war: but we see he was forced to appeal to heaven. The Lord the Judge (says he) be judge this day between the children of Israel and the children of Ammon, Judg. xi. 27. and then prosecuting24, and relying on his appeal, he leads out his army to battle: and therefore in such controversies25, where the question is put, who shall be judge? It cannot be meant, who shall decide the controversy; every one knows what Jephtha here tells us, that the Lord the Judge shall judge. Where there is no judge on earth, the appeal lies to God in heaven. That question then cannot mean, who shall judge, whether another hath put himself in a state of war with me, and whether I may, as Jephtha did, appeal to heaven in it? of that I myself can only be judge in my own conscience, as I will answer it, at the great day, to the supreme26 judge of all men.
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1 passionate | |
adj.热情的,热烈的,激昂的,易动情的,易怒的,性情暴躁的 | |
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2 sedate | |
adj.沉着的,镇静的,安静的 | |
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3 espouses | |
v.(决定)支持,拥护(目标、主张等)( espouse的第三人称单数 ) | |
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4 prey | |
n.被掠食者,牺牲者,掠食;v.捕食,掠夺,折磨 | |
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5 noxious | |
adj.有害的,有毒的;使道德败坏的,讨厌的 | |
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6 thereby | |
adv.因此,从而 | |
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7 preservation | |
n.保护,维护,保存,保留,保持 | |
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8 commonwealth | |
n.共和国,联邦,共同体 | |
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9 lawful | |
adj.法律许可的,守法的,合法的 | |
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10 pretence | |
n.假装,作假;借口,口实;虚伪;虚饰 | |
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11 mutual | |
adj.相互的,彼此的;共同的,共有的 | |
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12 malice | |
n.恶意,怨恨,蓄意;[律]预谋 | |
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13 mischief | |
n.损害,伤害,危害;恶作剧,捣蛋,胡闹 | |
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14 reconciliation | |
n.和解,和谐,一致 | |
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15 nay | |
adv.不;n.反对票,投反对票者 | |
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16 perverting | |
v.滥用( pervert的现在分词 );腐蚀;败坏;使堕落 | |
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17 barefaced | |
adj.厚颜无耻的,公然的 | |
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18 wresting | |
动词wrest的现在进行式 | |
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19 pretences | |
n.假装( pretence的名词复数 );作假;自命;自称 | |
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20 redress | |
n.赔偿,救济,矫正;v.纠正,匡正,革除 | |
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21 controversy | |
n.争论,辩论,争吵 | |
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22 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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23 jurisdiction | |
n.司法权,审判权,管辖权,控制权 | |
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24 prosecuting | |
检举、告发某人( prosecute的现在分词 ); 对某人提起公诉; 继续从事(某事物); 担任控方律师 | |
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25 controversies | |
争论 | |
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26 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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