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

particular right to seek reparation from him that hath done it. And
any other person who finds it just may also join with him that is
injured, and assist him in recovering from the offender so much as may
make satisfaction for the harm he hath suffered.

11. From these two distinct rights (the one of punishing the
crime, for restraint and preventing the like offence, which right of
punishing is in everybody, the other of taking reparation, which
belongs only to the injured party) comes it to pass that the
magistrate, who by being magistrate hath the common right of punishing
put into his hands, can often, where the public good demands not the
execution of the law, remit the punishment of criminal offences by his
own authority, but yet cannot remit the satisfaction due to any
private man for the damage he has received. That he who hath
suffered the damage has a right to demand in his own name, and he
alone can remit. The damnified person has this power of
appropriating to himself the goods or service of the offender by right
of self-preservation, as every man has a power to punish the crime
to prevent its being committed again, by the right he has of
preserving all mankind, and doing all reasonable things he can in
order to that end. And thus it is that every man in the state of
Nature has a power to kill a murderer, both to deter others from doing
the like injury (which no reparation can compensate) by the example of
the punishment that attends it from everybody, and also to secure
men from the attempts of a criminal who, having renounced reason,
the common rule and measure God hath given to mankind, hath, by the
unjust violence and slaughter he hath committed upon one, declared war
against all mankind, and therefore may be destroyed as a lion or a
tiger, one of those wild savage beasts with whom men can have no
society nor security. And upon this is grounded that great law of
nature, "Whoso sheddeth man's blood, by man shall his blood be
shed." And Cain was so fully convinced that every one had a right to
destroy such a criminal, that, after the murder of his brother, he
cries out, "Every one that findeth me shall slay me," so plain was
it writ in the hearts of all mankind.

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