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Locke, John

"Concerning Civil Government, Second Essay"

And in this case, and upon this
ground, every man hath a right to punish the offender, and be
executioner of the law of Nature.
9. I doubt not but this will seem a very strange doctrine to some
men; but before they condemn it, I desire them to resolve me by what
right any prince or state can put to death or punish an alien for
any crime he commits in their country? It is certain their laws, by
virtue of any sanction they receive from the promulgated will of the
legislature, reach not a stranger. They speak not to him, nor, if they
did, is he bound to hearken to them. The legislative authority by
which they are in force over the subjects of that commonwealth hath no
power over him. Those who have the supreme power of making laws in
England, France, or Holland are, to an Indian, but like the rest of
the world- men without authority. And therefore, if by the law of
Nature every man hath not a power to punish offences against it, as he
soberly judges the case to require, I see not how the magistrates of
any community can punish an alien of another country, since, in
reference to him, they can have no more power than what every man
naturally may have over another.


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