§124. The great and chief end, therefore, of men’s uniting into commonwealths6, and putting themselves under government, is the preservation of their property. To which in the state of nature there are many things wanting.
First, There wants an established, settled, known law, received and allowed by common consent to be the standard of right and wrong, and the common measure to decide all controversies7 between them: for though the law of nature be plain and intelligible8 to all rational creatures; yet men being biassed9 by their interest, as well as ignorant for want of study of it, are not apt to allow of it as a law binding10 to them in the application of it to their particular cases.
§125. Secondly11, In the state of nature there wants a known and indifferent judge, with authority to determine all differences according to the established law: for every one in that state being both judge and executioner of the law of nature, men being partial to themselves, passion and revenge is very apt to carry them too far, and with too much heat, in their own cases; as well as negligence12, and unconcernedness, to make them too remiss13 in other men’s .
§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 injustice14 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 transgressions16 of others, make them take sanctuary17 under the established laws of government, and therein seek the preservation of their property. It is this 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 authorized18 by them to that purpose, shall agree on. And in this we have the original right and rise of both the legislative19 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 whatsoever20 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 corruption21 and vitiousness of degenerate22 men, there would be no need of any other; no necessity that men should separate from this great and natural community, and by positive agreements combine into smaller and divided associations.
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 politic23 society, and incorporates into any common-wealth, separate from the rest of mankind.
§129. The first power, viz. of doing whatsoever he thought for the preservation of himself, and the rest of mankind, he gives up to be regulated by laws made by the society, so far forth24 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 supreme25 power of any common-wealth, is bound to govern by established standing15 laws, promulgated26 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 redress27 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.
点击收听单词发音
1 dominion | |
n.统治,管辖,支配权;领土,版图 | |
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2 enjoyment | |
n.乐趣;享有;享用 | |
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3 equity | |
n.公正,公平,(无固定利息的)股票 | |
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4 mutual | |
adj.相互的,彼此的;共同的,共有的 | |
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5 preservation | |
n.保护,维护,保存,保留,保持 | |
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6 commonwealths | |
n.共和国( commonwealth的名词复数 );联邦;团体;协会 | |
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7 controversies | |
争论 | |
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8 intelligible | |
adj.可理解的,明白易懂的,清楚的 | |
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9 biassed | |
(统计试验中)结果偏倚的,有偏的 | |
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10 binding | |
有约束力的,有效的,应遵守的 | |
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11 secondly | |
adv.第二,其次 | |
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12 negligence | |
n.疏忽,玩忽,粗心大意 | |
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13 remiss | |
adj.不小心的,马虎 | |
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14 injustice | |
n.非正义,不公正,不公平,侵犯(别人的)权利 | |
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15 standing | |
n.持续,地位;adj.永久的,不动的,直立的,不流动的 | |
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16 transgressions | |
n.违反,违法,罪过( transgression的名词复数 ) | |
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17 sanctuary | |
n.圣所,圣堂,寺庙;禁猎区,保护区 | |
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18 authorized | |
a.委任的,许可的 | |
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19 legislative | |
n.立法机构,立法权;adj.立法的,有立法权的 | |
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20 whatsoever | |
adv.(用于否定句中以加强语气)任何;pron.无论什么 | |
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21 corruption | |
n.腐败,堕落,贪污 | |
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22 degenerate | |
v.退步,堕落;adj.退步的,堕落的;n.堕落者 | |
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23 politic | |
adj.有智虑的;精明的;v.从政 | |
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24 forth | |
adv.向前;向外,往外 | |
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25 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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26 promulgated | |
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等) | |
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27 redress | |
n.赔偿,救济,矫正;v.纠正,匡正,革除 | |
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