The Principles of Natural And Politic Law in Two Volumes volume 2

Cover The Principles of Natural And Politic Law in Two Volumes volume 2
The Principles of Natural And Politic Law in Two Volumes volume 2
J J Jean Jacques Burlamaqui
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R ~lT* H E principal end of civil government and -T focjety, is to fecure to mankind all their na- tural advantages, and efpecially their lives. This end neceiiarily requires that the fovereign fhould have fome right over the lives of his fubjecls, either in an indirect manner ^ for the defence of the (late, or in a dirtft manner ^ for the punifhment of crimes.
II. The power of the prince over the lives of the fubjecls, with refpecl to the defence of the ftate, regards the right of war, of whic
...h we ilia 11 treat hereafter. Here we intend to fpeak only of the power of inflicting punifhments.
III. The fir ft queftion which prefcnts itfelf, is to know the origin and foundation of this part of the fovereign power, a queftion, which cannot be an- fwered without fome difficulty. Punimment, it is (aid, is an evil which a perfon iuffers in a compulfive way: A man cannot puniOi himfelf; and confequently it Politic Law, 183 k feems that individuals could not transfer to the fove- reign a right which they had not over themfdves.


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