"Concerning Civil Government" - читать интересную книгу автора (Locke John)

or jurisdiction of one over another, what any may do in prosecution of
that law, every one must needs have a right to do.

8. And thus, in the state of Nature, one man comes by a power over
another, but yet no absolute or arbitrary power to use a criminal,
when he has got him in his hands, according to the passionate heats or
boundless extravagancy of his own will, but only to retribute to him
so far as calm reason and conscience dictate, what is proportionate to
his transgression, which is so much as may serve for reparation and
restraint. For these two are the only reasons why one man may lawfully
do harm to another, which is that we call punishment. In transgressing
the law of Nature, the offender declares himself to live by another
rule than that of reason and common equity, which is that measure
God has set to the actions of men for their mutual security, and so he
becomes dangerous to mankind; the tie which is to secure them from
injury and violence being slighted and broken by him, which being a
trespass against the whole species, and the peace and safety of it,
provided for by the law of Nature, every man upon this score, by the
right he hath to preserve mankind in general, may restrain, or where
it is necessary, destroy things noxious to them, and so may bring such
evil on any one who hath transgressed that law, as may make him repent
the doing of it, and thereby deter him, and, by his example, others
from doing the like mischief. 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.

10. Besides the crime which consists in violating the laws, and
varying from the right rule of reason, whereby a man so far becomes
degenerate, and declares himself to quit the principles of human
nature and to be a noxious creature, there is commonly injury done,
and some person or other, some other man, receives damage by his
transgression; in which case, he who hath received any damage has
(besides the right of punishment common to him, with other men) a