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Locke, John

"Concerning Civil Government, Second Essay"


For the essence and union of the society consisting in having one
will, the legislative, when once established by the majority, has
the declaring and, as it were, keeping of that will. The
constitution of the legislative is the first and fundamental act of
society, whereby provision is made for the continuation of their union
under the direction of persons and bonds of laws, made by persons
authorised thereunto, by the consent and appointment of the people,
without which no one man, or number of men, amongst them can have
authority of making laws that shall be binding to the rest. When any
one, or more, shall take upon them to make laws whom the people have
not appointed so to do, they make laws without authority, which the
people are not therefore bound to obey; by which means they come again
to be out of subjection, and may constitute to themselves a new
legislative, as they think best, being in full liberty to resist the
force of those who, without authority, would impose anything upon
them. Every one is at the disposure of his own will, when those who
had, by the delegation of the society, the declaring of the public
will, are excluded from it, and others usurp the place who have no
such authority or delegation.


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