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Second Treatise of Government by John Locke
page 11 of 157 (07%)
crime, to prevent its being committed again, by the right he has of
preserving all mankind, and doing all reasonable things he can in order
to that end: and thus it is, that every man, in the state of nature, has
a power to kill a murderer, both to deter others from doing the like
injury, which no reparation can compensate, by the example of the
punishment that attends it from every body, and also to secure men from
the attempts of a criminal, who having renounced reason, the common rule
and measure God hath given to mankind, hath, by the unjust violence and
slaughter he hath committed upon one, declared war against all mankind,
and therefore may be destroyed as a lion or a tyger, one of those wild
savage beasts, with whom men can have no society nor security: and upon
this is grounded that great law of nature, Whoso sheddeth man's blood, by
man shall his blood be shed. And Cain was so fully convinced, that every
one had a right to destroy such a criminal, that after the murder of his
brother, he cries out, Every one that findeth me, shall slay me; so plain
was it writ in the hearts of all mankind.
Sect. 12. By the same reason may a man in the state of nature punish
the lesser breaches of that law. It will perhaps be demanded, with
death? I answer, each transgression may be punished to that degree, and
with so much severity, as will suffice to make it an ill bargain to the
offender, give him cause to repent, and terrify others from doing the
like. Every offence, that can be committed in the state of nature, may
in the state of nature be also punished equally, and as far forth as it
may, in a commonwealth: for though it would be besides my present
purpose, to enter here into the particulars of the law of nature, or its
measures of punishment; yet, it is certain there is such a law, and that
too, as intelligible and plain to a rational creature, and a studier of
that law, as the positive laws of commonwealths; nay, possibly plainer;
as much as reason is easier to be understood, than the fancies and
intricate contrivances of men, following contrary and hidden interests
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