The World's Greatest Books — Volume 14 — Philosophy and Economics
Philosophy
The World's Greatest Books — Volume 14 — Philosophy and Economics
Economics; Philosophy
The subject has liberty to disobey the sovereign's command if it
contravene the law that the right of self-preservation cannot be
abrogated, unless it be to endanger himself for the preservation of the
commonwealth, as with soldiers. The subjects' obligation of obedience
lasts so long as the sovereign's power of defending them, that being the
purpose of his being made sovereign. By systems I mean numbers of men
joined in one interest. These are political, constituted by law; and
private, permitted or forbidden by law. All, except a commonwealth, are
subordinate to the commonwealth, and have not the character of
sovereignty. The rights of governing bodies are only those expressly
conceded by law, either generally or to them specifically. Systems in
the commonwealth correspond to muscles in the natural body.
The nourishment of the commonwealth is its commodities or products, the
distribution of which must be lit the will of the sovereign, whether of
land or of commodities, exchanged internally or trafficked abroad. The
procreation, or children, of a commonwealth are its "plantations," or
"colonies," which may either be commonwealths themselves, as children
emancipated, or remain parts of the commonwealth.
By civil laws I mean those laws that men are bound to obey as members of
any commonwealth. The sovereign is the sole legislator, and is not
subject to the laws which he can repeal at pleasure. The civil laws are
the laws of nature expressed as commands of the commonwealth, or the
will of the sovereign so expressed; whatever is not the law of nature
must be expressly made known and published. Both the law of nature and
written law require interpretation, which is by sentence of the judge
constituted by sovereign authority.
An intention of breaking the law is a sin; issuing in a breach of the
law it is crime. Violation of the laws of nature is always and
everywhere sin; it is crime only when a violation of the laws of a
commonwealth. Unavoidable ignorance of a law is a complete excuse for
breaking it, but ignorance due to lack of diligence is not unavoidable.
Terror of present death, or the order of the sovereign, are a complete
excuse. And many circumstances may serve as extenuation.
A punishment is an evil inflicted by public authority on him that hath
done or omitted that which is said to be by the same authority a
transgression of the law, to the end that the will of men may thereby be
the better disposed to obedience. Now, this right of punishment is not
transferred by the subjects to the sovereign since they cannot
surrender their right of self-defence against violence. But as all
before had the natural right of hurting others, that right is left by
the covenant to the sovereign alone, strengthened by the resignation
thereof by the rest.
Public-domain text, read in full here on John Shaqi.
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