If, therefore, in considering the variety of forms under which societies
subsist, the casuist is pleased to inquire, what title one man, or any
number of men, have to control his actions? he may be answered, none at
all, provided that his actions have no effect to the prejudice of his
fellow creatures; but if they have, the rights of defence, and the
obligation to repress the commission of wrongs, belong to collective
bodies, as well as to individuals. Many rude nations, having no formal
tribunals for the judgment of crimes, assemble, when alarmed by any
flagrant offence, and take their measures with the criminal as they would
with an enemy. But will this consideration, which confirms the title to
sovereignty, where it is exercised by the society in its collective
capacity, or by those to whom the powers of the whole are committed,
likewise support the claim to dominion, wherever it is casually lodged, or
even where it is only maintained by force?
This question may be sufficiently answered, by observing, that a right to
do justice, and to do good, is competent to every individual, or order of
men; and that the exercise of this right has no limits but in the defect of
power.
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