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second treatise of government-第32部分

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 I reply; The people  shall be judge; for who shall be judge whether his trustee or  deputy acts well; and according to the trust reposed in him; but  he who deputes him; and must; by having deputed him; have still a  power to discard him; when he fails in his trust?  If this be  reasonable in particular cases of private men; why should it be  otherwise in that of the greatest moment; where the welfare of  millions is concerned; and also where the evil; if not prevented;  is greater; and the redress very difficult; dear; and dangerous?      Sec。 241。  But farther; this question; (Who shall be judge?)  cannot mean; that there is no judge at all: for where there is no  judicature on earth; to decide controversies amongst men; God in  heaven is judge。  He alone; it is true; is judge of the right。   But every man is judge for himself; as in all other cases; so in  this; whether another hath put himself into a state of war with  him; and whether he should appeal to the Supreme Judge; as leptha  did。      Sec。 242。  If a controversy arise betwixt a prince and some  of the people; in a matter where the law is silent; or doubtful;  and the thing be of great consequence; I should think the proper  umpire; in such a case; should be the body of the people: for in  cases where the prince hath a trust reposed in him; and is  dispensed from the common ordinary rules of the law; there; if  any men find themselves aggrieved; and think the prince acts  contrary to; or beyond that trust; who so proper to judge as the  body of the people; (who; at first; lodged that trust in him) how  far they meant it should extend?  But if the prince; or whoever  they be in the administration; decline that way of determination;  the appeal then lies no where but to heaven; force between either  persons; who have no known superior on earth; or which permits no  appeal to a judge on earth; being properly a state of war; 

wherein the appeal lies only to heaven; and in that state the  injured party must judge for himself; when he will think fit to  make use of that appeal; and put himself upon it。      Sec。 243。  To conclude; The power that every individual gave  the society; when he entered into it; can never revert to the  individuals again; as long as the society lasts; but will always  remain in the community; because without this there can be no  community; no common…wealth; which is contrary to the original  agreement: so also when the society hath placed the legislative  in any assembly of men; to continue in them and their successors;  with direction and authority for providing such successors; the  legislative can never revert to the people whilst that government  lasts; because having provided a legislative with power to  continue for ever; they have given up their political power to  the legislative; and cannot resume it。  But if they have set  limits to the duration of their legislative; and made this  supreme power in any person; or assembly; only temporary; or  else; when by the miscarriages of those in authority; it is  forfeited; upon the forfeiture; or at the determination of the  time set; it reverts to the society; and the people have a right  to act as supreme; and continue the legislative in themselves; or  erect a new form; or under the old form place it in new hands; as  they think good。


                          F I N I S。




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