[Second Treatise of Government by John Locke]@TWC D-Link book
Second Treatise of Government

CHAPTER
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But if that be all, it gives no other title than what bare force gives to the stronger over the weaker: and, by this reason, he that is strongest will have a right to whatever he pleases to seize on.
Sect.185.Over those then that joined with him in the war, and over those of the subdued country that opposed him not, and the posterity even of those that did, the conqueror, even in a just war, hath, by his conquest, no right of dominion: they are free from any subjection to him, and if their former government be dissolved, they are at liberty to begin and erect another to themselves.
Sect.186.The conqueror, it is true, usually, by the force he has over them, compels them, with a sword at their breasts, to stoop to his conditions, and submit to such a government as he pleases to afford them; but the enquiry is, what right he has to do so?
If it be said, they submit by their own consent, then this allows their own consent to be necessary to give the conqueror a title to rule over them.

It remains only to be considered, whether promises extorted by force, without right, can be thought consent, and how far they bind.

To which I shall say, they bind not at all; because whatsoever another gets from me by force, I still retain the right of, and he is obliged presently to restore.

He that forces my horse from me, ought presently to restore him, and I have still a right to retake him.

By the same reason, he that forced a promise from me, ought presently to restore it, i.e.quit me of the obligation of it; or I may resume it myself, i.e.chuse whether I will perform it: for the law of nature laying an obligation on me only by the rules she prescribes, cannot oblige me by the violation of her rules: such is the extorting any thing from me by force.


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