such Rights, as being retained, hinder the peace of Mankind,
there followeth a Third; which is this, That Men Performe Their
Covenants Made: without which, Covenants are in vain, and but Empty
words; and the Right of all men to all things remaining, wee are still
in the condition of Warre.
Justice And Injustice What
And in this law of Nature, consisteth the Fountain and Originall of
JUSTICE. For where no Covenant hath preceded, there hath no Right been
transferred, and every man has right to every thing; and consequently,
no action can be Unjust. But when a Covenant is made, then to break it
is Unjust: And the definition of INJUSTICE, is no other than The Not
Performance Of Covenant. And whatsoever is not Unjust, is Just.
Justice And Propriety Begin With The Constitution of Common-wealth
But because Covenants of mutuall trust, where there is a feare of not
performance on either part, (as hath been said in the former Chapter,)
are invalid; though the Originall of Justice be the making of Covenants;
yet Injustice actually there can be none, till the cause of such feare
be taken away; which while men are in the naturall condition of Warre,
cannot be done. Therefore before the names of Just, and Unjust can have
place, there must be some coercive Power, to compell men equally to
the performance of their Covenants, by the terrour of some punishment,
greater than the benefit they expect by the breach of their Covenant;
and to make good that Propriety, which by mutuall Contract men acquire,
in recompence of the universall Right they abandon: and such power there
is none before the erection of a Common-wealth. And this is also to be
gathered out of the ordinary definition of Justice in the Schooles: For
they say, that "Justice is the constant Will of giving to every man his
own." And therefore where there is no Own, that is, no Propriety, there
is no Injustice; and where there is no coerceive Power erected, that is,
where there is no Common-wealth, there is no Propriety; all men having
Right to all things: Therefore where there is no Common-wealth, there
nothing is Unjust. So that the nature of Justice, consisteth in keeping
of valid Covenants: but the Validity of Covenants begins not but with
the Constitution of a Civill Power, sufficient to compell men to keep
them: And then it is also that Propriety begins.
Justice Not Contrary To Reason
The Foole hath sayd in his heart, there is no such thing as Justice;
|