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| Alphabetical [« »] latitude 2 latter 2 laurels 2 law 189 law-maker 1 law-makers 2 law-making 1 | Frequency [« »] 205 government 204 society 197 state 189 law 187 if 182 when 177 other | John Locke The second treatise of civil government IntraText - Concordances law |
Sec.
1 1 | heirs had, there being no law of nature nor positive law 2 1 | law of nature nor positive law of God that determines which 3 4 | within the bounds of the law of nature, without asking 4 6 | The state of nature has a law of nature to govern it, 5 6 | and reason, which is that law, teaches all mankind, who 6 7 | to one another, and the law of nature be observed, which 7 7 | mankind, the execution of the law of nature is, in that state, 8 7 | the transgressors of that law to such a degree, as may 9 7 | hinder its violation: for the law of nature would, as all 10 7 | a power to execute that law, and thereby preserve the 11 7 | do in prosecution of that law, every one must needs have 12 8 | punishment. In transgressing the law of nature, the offender 13 8 | it, provided for by the law of nature, every man upon 14 8 | who hath transgressed that law, as may make him repent 15 8 | and be executioner of the Law of Nature.~ 16 9 | and therefore, if by the law of nature every man hath 17 10 | consists in violating the law, and varying from the right 18 11 | not the execution of the law, remit the punishment of 19 11 | this is grounded that great law of nature, Whoso sheddeth 20 12 | lesser breaches of that law. It will perhaps be demanded, 21 12 | into the particulars of the law of nature, or its measures 22 12 | certain there is such a law, and that too, as intelligible 23 12 | creature, and a studier of that law, as the positive laws of 24 12 | they are founded on the law of nature, by which they 25 13 | the executive power of the law of nature, I doubt not but 26 16 | for, by the fundamental law of nature, man being to 27 19 | harm, but by appeal to the law, for having stolen all that 28 19 | horse or coat; because the law, which was made for my preservation, 29 19 | nor the decision of the law, for remedy in a case where 30 20 | fair determination of the law; because then there lies 31 20 | where an appeal to the law, and constituted judges, 32 20 | pretences, or forms of law, the end whereof being to 33 22 | man, but to have only the law of nature for his rule. 34 22 | will, or restraint of any law, but what that legislative 35 22 | other restraint but the law of nature.~ 36 30 | Sec. 30. Thus this law of reason makes the deer 37 30 | property, this original law of nature, for the beginning 38 31 | answer, Not so. The same law of nature, that does by 39 35 | by compact, i.e. by the law of the land, which is not 40 35 | was quite otherwise. The law man was under, was rather 41 37 | offended against the common law of nature, and was liable 42 52 | accordingly we see the positive law of God every where joins 43 56 | according to the dictates of the law of reason which God had 44 56 | all parents were, by the law of nature, under an obligation 45 57 | Sec. 57. The law, that was to govern Adam, 46 57 | govern all his posterity, the law of reason. But his offspring 47 57 | not presently under that law; for no body can be under 48 57 | for no body can be under a law, which is not promulgated 49 57 | promulgated to him; and this law being promulgated or made 50 57 | be said to be under this law; and Adam's children, being 51 57 | soon as born under this law of reason, were not presently 52 57 | not presently free: for law, in its true notion, is 53 57 | good of those under that law: could they be happier without 54 57 | happier without it, the law, as an useless thing, would 55 57 | be mistaken, the end of law is not to abolish or restrain, 56 57 | laws, where there is no law, there is no freedom: for 57 57 | cannot be, where there is no law: but freedom is not, as 58 58 | within the bounds of that law he is under. But whilst 59 59 | civil. Is a man under the law of nature? What made him 60 59 | What made him free of that law? what gave him a free disposing 61 59 | within the compass of that law? I answer, a state of maturity 62 59 | supposed capable to know that law, that so he might keep his 63 59 | presumed to know how far that law is to be his guide, and 64 59 | presumed to know how far the law allows a liberty. If such 65 59 | too. Is a man under the law of England? What made him 66 59 | What made him free of that law? that is, to have the liberty 67 59 | within the permission of that law? A capacity of knowing that 68 59 | capacity of knowing that law; which is supposed by that 69 59 | which is supposed by that law, at the age of one and twenty 70 59 | too. Till then we see the law allows the son to have no 71 59 | want of understanding, the law takes care to do it; some 72 59 | equally subjects of the same law together, without any dominion 73 59 | the state and under the law of nature, or under the 74 60 | supposed capable of knowing the law, and so living within the 75 63 | to instruct him in that law he is to govern himself 76 66 | both, whether it be the law of nature, or municipal 77 66 | of nature, or municipal law of their country; yet this 78 66 | honour which he ought, by the law of God and nature, to pay 79 72 | proportions, according to the law and custom of each country; 80 74 | that executive power of the law of nature, which every free 81 74 | that executive power of the law of nature, which, as a man, 82 81 | restraint of any positive law, which ordains all such 83 87 | rights and privileges of the law of nature, equally with 84 87 | punish the breaches of that law in others, as he is persuaded 85 87 | appealing for protection to the law established by it. And thus 86 87 | with such penalties as the law has established: whereby 87 87 | have a common established law and judicature to appeal 88 88 | punish offences, against the law of nature, in prosecution 89 89 | his executive power of the law of nature, and to resign 90 90 | necessarily inforce, that the law of reason, or of God, doth 91 93 | subjects have an appeal to the law, and judges to decide any 92 94 | avoid the force of the law, when once made; nor by 93 94(**)| Civil law being the act of the whole 94 96 | is set by that positive law which impowers them, the 95 96 | determines, as having, by the law of nature and reason, the 96 105 | the father having, by the law of nature, the same power 97 105 | any offences against that law, might thereby punish his 98 118 | themselves, as well as by the law of right reason, that a 99 124 | established, settled, known law, received and allowed by 100 124 | between them: for though the law of nature be plain and intelligible 101 124 | apt to allow of it as a law binding to them in the application 102 125 | according to the established law: for every one in that state 103 125 | judge and executioner of the law of nature, men being partial 104 128 | within the permission of the law of nature: by which law, 105 128 | law of nature: by which law, common to them all, he 106 128 | crimes committed against that law. Both these he gives up, 107 129 | the liberty he had by the law of nature.~ 108 130 | in the execution of the law of nature, by his own single 109 130 | power of the society, as the law thereof shall require: for 110 134 | and fundamental positive law of all commonwealths is 111 134 | and fundamental natural law, which is to govern even 112 134 | force and obligation of a law, which has not its sanction 113 134 | appointed: for without this the law could not have that, which 114 134 | necessary to its being a law, * the consent of the society, 115 135 | but only so much as the law of nature gave him for the 116 135 | The obligations of the law of nature cease not in society, 117 135 | their observation. Thus the law of nature stands as an eternal 118 135 | actions, be conformable to the law of nature, i.e. to the will 119 135 | declaration, and the fundamental law of nature being the preservation 120 135 | is that which we call the law of a commonweal, the very 121 135 | the parts whereof are by law animated, held together, 122 136 | authorized judges: for the law of nature being unwritten, 123 136 | which rules are two, the law of God, and the law of nature; 124 136 | the law of God, and the law of nature; so that laws 125 136 | contradiction to any positive law of scripture, otherwise 126 137 | within the limits of the law; and the rulers too kept 127 138 | the goods, which by the law of the community are their' 128 140 | invades the fundamental law of property, and subverts 129 142 | by the society, and the law of God and nature, have 130 143 | they make, and suit the law, both in its making, and 131 149 | sacred, and unalterable law of self-preservation, for 132 151 | superior to him, there being no law to be made without his consent, 133 151 | supreme executor of the law, made by a joint power of 134 151 | an obedience according to law, which when he violates, 135 151 | vested with the power of the law, and so is to be considered 136 151 | no power, but that of the law. But when he quits this 137 159 | hands, has by the common law of nature a right to make 138 159 | cases, where the municipal law has given no direction, 139 159 | things there are, which the law can by no means provide 140 159 | rather to this fundamental law of nature and government, 141 159 | within the reach of the law, which makes no distinction 142 159 | mitigate the severity of the law, and pardon some offenders: 143 160 | the prescription of the law, and sometimes even against 144 164 | own free choice, where the law was silent, and sometimes 145 164 | the direct letter of the law, for the public good; and 146 164 | without the direction of the law, as a prerogative belonging 147 165 | not what was done without law to that end: or, if any 148 165 | contrary to the letter of the law, acquiesced in what they 149 168 | case; yet they have, by a law antecedent and paramount 150 170 | rule, whether it be the law of nature, or the municipal 151 170 | nature, or the municipal law of their country, they are 152 170 | live as freemen under that law. The affection and tenderness 153 171 | punish the breach of the law of nature in others, so 154 176 | my house? Appeal to the law for justice. But perhaps 155 176 | may seek the relief of the law, which I am denied: he or 156 177 | contrary: and it is plain, the law, that has made no distinction 157 183 | answer; the fundamental law of nature being, that all, 158 186 | will perform it: for the law of nature laying an obligation 159 195 | obligations of that eternal law. Those are so great, and 160 199 | intitled, makes not the law, but his will, the rule; 161 202 | Sec. 202. Where-ever law ends, tyranny begins, if 162 202 | tyranny begins, if the law be transgressed to another' 163 202 | the power given him by the law, and makes use of the force 164 202 | upon the subject, which the law allows not, ceases in that 165 205 | person of the prince by the law is sacred; and so, whatever 166 206 | commission from him, which the law authorizes not; as is plain 167 206 | are the limitations of the law, which if any one transgress, 168 206 | being given him only by the law, he cannot impower any one 169 206 | any one to act against the law, or justify him, by his 170 207 | repaired by appeal to the law, there can be no pretence 171 207 | intercepted from appealing to the law: for nothing is to be accounted 172 207 | have time to appeal to the law to secure it: and when it 173 207 | too late to appeal. The law could not restore life to 174 207 | irreparable; which to prevent, the law of nature gave me a right 175 207 | benefit of appealing to the law, and have reparation for 176 208 | the remedy which is due by law, be by the same power obstructed; 177 210 | arts used to elude the law, and the trust of prerogative ( 178 218 | alter the legislative by a law, his consent being necessary 179 222 | supreme execution of the law, acts against both, when 180 222 | own arbitrary will as the law of the society. He acts 181 222 | all the arts of perverted law made use of, to take off 182 231 | privileges and advantages by the law, had thereby a power to 183 231 | greater share they have by the law, and breaking also that 184 232 | society, who does it without law, puts himself into a state 185 232 | to shew, that the divine law shuts up the people from 186 233 | Self-defence is a part of the law of nature; nor can it be 187 233 | being not agreeable to that law. Wherefore if the king shall 188 242 | people, in a matter where the law is silent, or doubtful, 189 242 | common ordinary rules of the law; there, if any men find