government theory

Chapter 37 On Political or Civil Society (2)
All private judgment of each individual member is thus excluded, and society becomes the arbitrator, treating all parties justly and equally by definite and unchanging statutes; All quarrels over any question of rights may arise among the members, and the crimes committed by any member are punished by law; this makes it easy to judge whether some are united in a political society.So long as they are united in a body, having laws made in common, and a judiciary to which they can appeal, with power to adjudicate their disputes and punish criminals, the men in that body are in civil society; but those who do not Those who have this common appeal—I mean here on earth, are still in a state of nature, since each is himself judge and executor, since there is no other judge.This situation, as I said before, is a purely natural state.

88．It can be seen from this that the state has the right to prescribe the punishment it deserves for the different crimes committed among members of the society (this is the power to make laws), and it also has the right to punish anyone who does not belong to the society for any member of the society. damage caused (that's about the powers of war and peace); it's all about protecting the property of all members of this society as much as possible.But though a man who joins a political society and becomes a member of a state thereby renounces the power of executing his private judgments to punish violations of By handing it over to the legislature, he also gives the state the power to use its powers to enforce its judgments when it needs it; Judgment delivered by his representatives.Such was the origin of the legislative and executive powers of civil society, which had to determine, according to the laws long in force, how to punish crimes committed in the Punishment; in both, the full strength of the crew may be used if necessary.

89．Wherever, therefore, however many men are united into a society, whereby each relinquishes the enforcement of his natural law to the public, there, and there alone, there is a political or civil society.It is thus formed that any number of men in a state of nature, enter into society to form a people, a state, and place themselves under a sovereign government; Join yourself and take part in an already formed government.He thus delegates to society, or to its legislature (which is of the same nature as that of society), to make laws for him as the public welfare of society requires, and to assist in the execution of these laws as best he himself can (putting which they regard as their own judgment).There is a judge installed among the people, who is the legislature, or a magistrate appointed by the legislature, who has power to judge all disputes and any member of the relief power that may be injured, and by virtue of this judge, the people are separated from the The state of nature, entering into a state with a state.And wherever they may be, however many may be combined, without this judicial power to which appeals may be made, they remain in the state of nature.

90．So it is clear that absolute monarchy, which some people regard as the only form of government in the world, is incompatible with civil society, and therefore cannot be a form of civil government at all.Since the object of civil society is to avoid and remedy the inadequacies of the state of nature which necessarily arise from man being the judge of his own cases, a definite authority is set up, and every member of society When members suffer any damage or have any disputes, they can appeal to it, and every member of this society must obey it.Men are still in a state of nature when they have no authority to whom they can appeal and decide disputes among themselves.Every despot is therefore also in a state of nature in the eyes of the people he governs.

91．So long as one man is supposed to be alone, having all the power to legislate and execute, there is no judge; no loss or misfortune caused by the sovereign or his orders can be appealed to an impartial and competent judge, Unable to find relief and settlement through his ruling.Such a man, therefore, whatever title he may use—tsar, maharajah, or whatever—is in a state of nature with all his subjects, like the rest of mankind.If any two persons are so placed, without either a standing statute, or a common umpire to whom they may appeal to decide disputes between them, they are still in the state of nature and its inconveniences. Down.To the subjects of a despot (some even call them slaves) there is only this lamentable difference: in the usual state of nature he was free to judge his rights and preserve them as best he could; When property is violated by the will and orders of his sovereign, he not only has no right of appeal like men in society, but, as if he had been degraded from the common state of rational animals, deprived of liberty to judge or defend his rights; and thus to be in danger of suffering all kinds of misfortunes and misfortunes which may well be caused by an A man of depravity and power.

92．He who thinks that absolute power purifies and corrects the vices of human nature, has only to read the history of this age, or any other, to believe the contrary.The man who runs lawless in the woods of America is not likely to be much better off on the throne; and when he is on the throne, he may find doctrine and religion to justify his dominion, and the sword will at once bring down all who dare to criticize him. Keep silent.What kind of protection is under absolute monarchy when this monarchy is developed to a complete stage, and to what extent that protection makes the princes the heads of their countries, and to what extent the happiness of the citizens and the security of the society, we may learn from the recent experience of Ceylon. understand the situation.

93．Indeed, under absolute monarchies, and under other governments in the world, the subjects have a right to appeal to the law, and to the judges, who come to decide any quarrel that may arise among them, and to prevent any violence.This is necessary for everyone, and I believe that anyone who wants to deprive this right should be regarded as a public enemy of society and mankind.But there is no reason not to doubt whether this is out of genuine love for society and humanity and the kindness we all have for each other.It is but an act that every man who loves his own power or interest will do, that those laborers and beasts who labor and drudge only for his pleasure and benefit, do not injure or kill one another; they are so cared for, Not because the master has any love for them, but for himself and the good they do him.

If it be asked: What security is there in this state against the violence and oppression of this despotic ruler?The question itself is embarrassing.People will tell you right away that if you ask about safety, you will die.They will admit that, among subjects, for their mutual peace and security, there must be measures, laws, and judges; but as far as the ruler is concerned, he should be absolutely free ; Since he has the power to do more harm, it is lawful for him to do so.If you ask "How can one defend against the atrocities or injuries which the strongest man is bound to do," it immediately becomes a cry of treason and mutiny.It is as if men, when they came out of the state of nature into society, agreed that all should be under the law except one, but that one still retained all the liberty in the state of nature, which by virtue of his power but expanded, and became unscrupulous with impunity.That is why people are so stupid that they take care not to be disturbed by civet cats or foxes, but are willing to be eaten by lions and think it is safe.

94．But no matter how much rhetoric plays on people's reason, it cannot fool people's feelings.When they find a man, whatever his position, who is no longer bound by the civil society to which he belongs, and who has no recourse against him for the harm he may inflict, they think that they are in a natural state for such a man. in a state, because they find him in that state; and as soon as they can, try to enjoy the security in civil society for which it was originally created and for which they participate.So, although at first (more on this later on) there may be a man of good quality who enjoys prestige among all, and they venerate his goodness and virtue as if he were an authority, and arbitrate their disputes The principal jurisprudence of the subject is vested in him by a kind of acquiescence, with no guarantee but his justice and wisdom.

But in the course of time the conventions which the careless and unforeseeable naivety of the primitive peoples have acquired authoritative and (as some would have us believe) sacred, have also produced another type of successor; and the people, at this time, feel that their property is not as secure under this government as it was before (not knowing that the government has no other purpose than to protect property), and therefore they do not commit the legislative power to a particular body (Senate, parliament, etc.), they would not feel safe and secure, nor would they consider themselves in civil society.In this way every man is equally subject, with the least of others, to those parts of the laws which he himself, as a legislature, makes.Once the law has been enacted, no one can escape the punishment of the law by his own authority; nor can he be exempted from the punishment of the law because of his superior position, allowing himself or any subordinate to do anything wrong.No one in civil society is immune from the punishment of the law.For if any man can do as he pleases, and there is no compensation or security for any harmful action done against him, I ask whether he is still so completely in a state of nature that he cannot be a member of that civil society. Part or a member?Unless someone says that the state of nature is the same as civil society, and I have never met such a presumptuous fear of peace who would make such an affirmative assertion.

(End of this chapter)