government theory

Chapter 41: On the Purposes of Political Society and Government

123．If, in the state of nature, man is as free as has been said, if he is the absolute master of himself and his property, equal to the noblest, and subject to none, why should he give up his liberty?Why was he willing to abandon this kingdom, and submit himself to the dominion and control of other powers?The answer to this question is obviously that, though he enjoys that right in the state of nature, the enjoyment of that right is very precarious and under constant threat of encroachment by others.Since all men are as royal as he is, and all are equal to him, and since justice and justice are not strictly observed by the majority, his enjoyment of property in this state is very insecure and very unstable.This makes him willing to renounce this situation, which, though free, is often fraught with fear and danger; so it is not without reason that he seeks and is willing to join society with others who have united or intend to unite for the protection of each other's lives and privileges. and estates, which I call property in general parlance.

124．Therefore, the reason why people unite into a nation and place themselves under a government is to protect their property.The state of nature suffers from a number of shortcomings in this regard:

First, the state of nature lacks a definite, prescribed, and well-known law, accepted and recognized by the common will as the standard of right and wrong and the common measure of judging all disputes between them.For, though the law of nature is evident and intelligible to all rational beings, yet some are prejudiced against it by interest, and ignorant of it from want of study, and cannot easily accept that it Binding laws.

125．Secondly, In the state of nature, there is want of a known and impartial judge, who is entitled to decide all disputes according to the established law.For, since every man in the state of nature is arbiter and executor of the law of nature, and men are undoubtedly partial to themselves, affection and vindictiveness so easily lead them beyond their bounds, to overzealousness in their own affairs, At the same time, negligence and indifference can cause them to treat other people's situations with excessive indifference.

126．Third, in the state of nature, there is often a lack of power to support a correct judgment, to ensure that it is carried out as it should be.Those who have been injured by injustice will always, if they are able, correct their injury by violence; and this resistance often makes the act of punishment dangerous, and frequently injures those who seek to execute it.

127．Thus man, despite all his rights in the state of nature, does not do well to remain in it, and is soon compelled to join society.Therefore, we rarely see people living together in this state for a long time.In such a state, since each has a power of punishment for the torts of others, and the exercise of this power is neither normal nor reliable, and disadvantageous to them, in order to secure their property, they had to take shelter under the established laws of the government.It is on account of this circumstance that they are willing each to relinquish the power of punishment, which they may exercise alone, to be exercised exclusively by some appointed among them; regulations to exercise.This is why the original rights of legislative and executive powers arise.Here too lies the origin of government and society itself.

128．For, in the state of nature, besides the liberty to enjoy innocent pleasures, the individual has two powers:

The first is to protect himself and others, and he may do whatever he thinks fit within the limits of the law of nature.By virtue of this law of nature, which applies to all its members, he is one with other men, constituting a community, distinct from all other living beings.But through the corruption and vice of some depraved men, men were obliged to form societies again, detached from this great and natural society, into smaller and separate associations by express agreement.

Another power possessed by a man in the state of nature is the power to punish crimes against the laws of nature.He relinquishes both powers when he joins a private (if I may call it that) or particular political society, forming any nation divided from the rest of mankind.

129．The first, the power to do whatever he thinks fit for the protection of himself and others, he relinquishes power to society, which makes laws to protect himself and the rest of that society.These laws of society limit in many cases the rights which he has by natural law.

130．Secondly, He renounces altogether the power of punishment, and assists society by his natural powers (his former power, upon his exclusive authority, which he may apply, as he thinks fit, to enforce the laws of nature) to the extent that the laws of the society require. exercise executive powers.Because since he is in a new state at this time, he can enjoy many conveniences from the labor, help and communication of other people in the same society, and at the same time can enjoy the protection of the power of the whole society, so for the sake of self-preservation, he should also To renounce his own natural rights as far as the happiness, prosperity, and security of society require.This is not only necessary, but just, because the rest of society does the same.

131．But though men, in joining society, renounce the equality, liberty, and executive powers which they had enjoyed in the state of nature, and leave them to it, to be dealt with by the legislature to the extent that the interests of the society require, this is only for the sake of From the point of view of the individual in order to better protect himself, his liberty, and his property (for we cannot conceive of any rational animal seeking to change his present condition for the worse), the power of society, or of the legislature composed of them, must never be It is not permissible to extend beyond the needs of the public welfare, but the property of every individual must be secured against the three above-mentioned defects which make the state of nature so insecure and inconvenient.Whoever, therefore, has the legislative or supreme power of the land, should rule by established laws, known to the whole nation, and in force, and not by ephemeral decrees; to adjudicate disputes; and internally only to enforce these laws, and externally to prevent or claim damages caused by foreign countries, and to safeguard the country against aggression.And all this is only for the peace, security and public welfare of the people.

(End of this chapter)