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Locke, John

"Concerning Civil Government, Second Essay"


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 beside
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 put into words; for truly so are a great part
of the municipal laws of countries, which are only so far right as
they are founded on the law of Nature, by which they are to be
regulated and interpreted.


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