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The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.
John Locke
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The power of the legislative being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, which being only to make laws, and not to make legislators, the legislative can have no power to transfer their authority of making laws, and place it in other hands.
John Locke
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This power to act according to discretion for the public good, without the prescription of the law, and sometimes even against it, is that which is called prerogative.
John Locke
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Thus the law of nature stands as an eternal rule to all men, legislators as well as others. The rules that they make for other mens actions, must, as well as their own and other mens actions, be conformable to the law of nature, i.e. to the will of God, of which that is a declaration, and the fundamental law of nature being the preservation of mankind, no human sanction can be good, or valid against it.
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Truth certainly would do well enough, if she were once left to shift for herself...She is not taught by laws, nor has she any need of force, to procure her entrance into the minds of men.
John Locke
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When I had gone through the whole, and saw what a plain, simple, reasonable thing Christianity was, suited to all conditions and capacities; and in the morality of it now, with divine authority, established into a legible law, so far surpassing all that philosophy and human reason had attained to, or could possibly make effectual to all degrees of man kind; I was flattered to think it might be of some use in the world.
John Locke
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In transgressing the law of nature, the offender declares himself to live by another rule than that of reason and common equity.
John Locke
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The Legislative cannot transfer the Power of Making Laws to any other hands. For it being but a delegated Power from the People, they who have it, cannot pass it over to others. The People alone can appoint the Form of the Commonwealth, which is by Constituting the Legislative, and appointing in whose hands that shall be.
John Locke
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Moral laws are set as a curb and restraint to these exorbitant desires, which they cannot be but by rewards and punishments, that will over-balance the satisfaction any one shall propose to himself in the breach of the law.
John Locke
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If any one shall claim a power to lay and levy taxes on the people by his own authority and without such consent of the people, he thereby invades the fundamental law of property, and subverts the end of government.
John Locke
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As the magistrate has no power to impose by his laws the use of any rites and ceremonies in any church, so neither has he any power to forbid the use of such rites and ceremonies as are already received, approved, and practised by any church; because if he did so, he would destroy the church itself; the end of whose institution is only to worship God with freedom, after its own manner.
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For a man's property is not at all secure, though there be good and equitable laws to set the bounds of it, between him and his fellow subjects, if he who commands those subjects, have power to take from any private man, what part he pleases of his property, and use and dispose of it as he thinks good.
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Freedom of Men under Government is, to have a standing Rule to live by, common to every one of that Society, and made by the Legislative Power erected in it; a Liberty to follow my own Will in all things, where the Rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, Arbitrary Will of another Man: as Freedom of Nature is, to be under no other restraint but the Law of Nature.
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This law of reason makes the deer the Indian's who hath killed it; it is allowed to be his goods, who hath bestowed his labour upon it, though before it was the common right of everyone.
John Locke
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And because it may be too great a temptation to human frailty, apt to grasp at power, for the same persons, who have the power of making laws, to have also in their hands the power to execute them, whereby they may exempt themselves from obedience to the laws they make, and suit the law, both in its making, and execution, to their own private advantage...
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To understand political power aright, and derive from it its original, we must consider what estate all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons as they think fit, within the bounds of the law of Nature, without asking leave or depending upon the will of any other man.
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A criminal who, having renounced reason … 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 tyger, one of those wild savage beasts with whom men can have no society nor security. And upon this is grounded the great law of Nature, "Whoso sheddeth man's blood, by man shall his blood be shed."
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The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings, capable of laws, where there is no law there is no freedom.
John Locke
Quote of the day
In England, the profession of the law is that which seems to hold out the strongest attraction to talent, from the circumstance, that in it ability, coupled with exertion, even though unaided by patronage, cannot fail of obtaining reward.
Charles Babbage
John Locke
Creative Commons
Born:
August 29, 1632
Died:
October 28, 1704
(aged 72)
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