[原创] 拟翻译《政府论》论财产一章（草稿）

WIND

洛克著《政府论》第二部论财产一章

WIND

§25. Whether we consider natural reason, which tells us, that men, being once born, have a right to their preservation, and consequently to meat and drink, and such other things as nature affords for their subsistence: or revelation, which gives us an account of those grants God made of the world to Adam, and to Noah, and his sons, it is very clear, that God, as king David says, Psal. cxv. 16. has given the earth to the children of men; given it to mankind in common. But this being supposed, it seems to some a very great difficulty, how any one should ever come to have a property in any thing: I will not content myself to answer, that if it be difficult to make out property, upon a supposition that God gave the world to Adam, and his posterity in common, it is impossible that any man, but one universal monarch, should have any property upon a supposition, that God gave the world to Adam, and his heirs in succession, exclusive of all the rest of his posterity. But I shall endeavour to shew, how men might come to have a property in several parts of that which God gave to mankind in common, and that without any express compact of all the commoners.
25.如果我们考虑自然的理由，它告诉我们：人一旦出生，便拥有保存自身的权利，因而需要吃喝，以及诸如此类的自然提供给他们生存的物品；或者，就上帝的启示来说，也给了我们一种解释：上帝将创造的这个世界给予了亚当，然后给予了挪亚和他的儿子，这非常清楚，正如大卫王所说：上帝将地赐给了人子（《诗篇》115：16），赐给了人类共有。但这样假定之后，看起来似乎还是非常难以理解：任何一个人究竟如何拥有任何一件物品；我自己也不满足于这样的回答：在上帝将世界给予亚当和他的子嗣共有的假设的基础上，要弄明白财产权还是有困难的。在上帝将世界给予亚当和除他的子嗣之外的其他继承人的假设的基础上，除了一个全体性的君主，任何人都不可能拥有任何财产。但是我将努力说明，人类如何可以分而拥有上帝赐给人类共有的这个世界，对此并没有一个所有共有者明确订立的契约。

WIND

§26. God, who hath given the world to men in common, hath also given them reason to make use of it to the best advantage of life, and convenience. The earth, and all that is therein, is given to men for the support and comfort of their being. And tho' all the fruits it naturally produces, and beasts it feeds, belong to mankind in common, as they are produced by the spontaneous hand of nature; and no body has originally a private dominion, exclusive of the rest of mankind, in any of them, as they are thus in their natural state: yet being given for the use of men, there must of necessity be a means to appropriate them some way or other, before they can be of any use, or at all beneficial to any particular man. The fruit, or venison, which nourishes the wild Indian, who knows no enclosure, and is still a tenant in common, must be his, and so his, i.e. a part of him, that another can no longer have any right to it, before it can do him any good for the support of his life.
26.将这个世界赐给人类共有的上帝，也给予了他们理性来使用它以达致最好的生活状态和舒适性。土地和土地中的一切，都赐给了人类以支持和慰藉他们的生命。虽然，土地自然生产的所有果实以及喂养的兽禽都属于人类共有，因为它们是由自然之手非人工生产出来的；没有人最初就对这些任何一件物品拥有排斥他人的私有支配权，这就是人类的自然状态。然而，赐给人类使用的话，在用于任何用途或者有益于任何个人之前，就需要以某种方式来占有它们。野蛮的印第安人不知道圈养，并且共居，那些喂养他的果实或者野味，也必须是他的，这样在有益于他个人之前，另外的人才不再对他的那部分食物拥有任何权利。

WIND

§27. Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this no body has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property. It being by him removed from the common state nature hath placed it in, it hath by this labour something annexed to it, that excludes the common right of other men: for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good, left in common for others.
27.虽然，土地以及一切低等生物，为所有人所共有，然而每个人都拥有他自身。这一点除了他自己没有人拥有任何权利。他身体所进行的劳动，他双手所从事的工作，我们可以说，应该恰当的归于他自己。只要他使之脱离自然所提供的状态的东西，他就掺进了他的劳动并将他自己的某些东西与之联在了一起，因此而成为了他的财产。既然是由他来使这件物品脱离自然的状态，他就对之附加了他的劳动，从而排斥了他人对这件物品的共有权利。因为这种劳动是劳动者无可置疑的财产，所以除了他就没有人对那件物品拥有权利，至少在还留有足够的一样好的共有物品的情况下是这样。

WIND

§28. He that is nourished by the acorns he picked up under an oak, or the apples he gathered from the trees in the wood, has certainly appropriated them to himself. No body can deny but the nourishment is his. I ask then, when did they begin to be his? when he digested? or when he eat? or when he boiled? or when he brought them home? or when he picked them up? and it is plain, if the first gathering made them not his, nothing else could. That labour put a distinction between them and common: that added something to them more than nature, the common mother of all, had done; and so they became his private right. And will any one say, he had no right to those acorns or apples, he thus appropriated, because he had not the consent of all mankind to make them his? Was it a robbery thus to assume to himself what belonged to all in common? If such a consent as that was necessary, man had starved, notwithstanding the plenty God had given him. We see in commons, which remain so by compact, that it is the taking any part of what is common, and removing it out of the state nature leaves it in, which begins the property; without which the common is of no use. And the taking of this or that part, does not depend on the express consent of all the commoners. Thus the grass my horse has bit; the turfs my servant has cut; and the ore I have digged in any place, where I have a right to them in common with others, become my property, without the assignation or consent of any body. The labour that was mine, removing them out of that common state they were in, hath fixed my property in them.
谁在橡树下拾得橡子或者在林中从树上采摘苹果充饥，当然的就占有了它们。没有人能够否认这食物属于他。于是我就问：是从什么时候开始这些食物就是他的了？在他消化的时候？或者在他吃的时候？或者在他煮的时候？或者在他将食物拿回家的时候？还是在他采摘的时候？很明显，如果在他最初采摘的时候不属于他，以后就不会了。劳动在它们和共有之物之间作了区分，劳动为它们附加了比万物之母提供的更多的东西；于是它们变成了他的私有权利。对此谁会说：他如此占有那些橡子或苹果，没有权利拥有它们，因为他没有经过全体人类的同意？如果这样的同意为必需，尽管上帝赐予了人丰富的食物，也早已饿死了。我们看到了在由人类契约保持的共有财产中，从共有状态取出任何部分或使之脱落自然状态的任何物品，财产权就开始了；若不是这样，共有就没有意义了。而从共有物中取出这一部分或那一部分，并不依赖于所有共有者的明确同意。这样在任何地方，我的马所咀嚼的牧场，我的仆人所割的草地，我所挖掘的矿藏，我都有权利将它们从共有状态变成我的财产，而无需任何人的分配或同意。是我的劳动将它们脱离共有状态的，确定了我对它们的财产权。

WIND

§29. By making an explicit consent of every commoner, necessary to any one's appropriating to himself any part of what is given in common, children or servants could not cut the meat, which their father or master had provided for them in common, without assigning to every one his peculiar part. Though the water running in the fountain be every one's, yet who can doubt, but that in the pitcher is his only who drew it out? His labour hath taken it out of the hands of nature, where it was common, and belonged equally to all her children, and hath thereby appropriated it to himself.
29.如果任何人占用共有财产的任何部分，都必须经过每个共有人的确定同意，那么孩子们或者仆人们就不能自己切取他们的父亲或主人提供给他们的还没有分配给每个人的肉。虽然山泉流动的水属于每个人，然而谁能怀疑：水罐里的水仅仅属于汲水的人？在共有的地方，平等的属于她（自然之母）所有的孩子，他的劳动已经将水从自然之手中接过，从而他也就占有了它。

WIND

§30. Thus this law of reason makes the deer that 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 every one. And amongst those who are counted the civilized part of mankind, who have made and multiplied positive laws to determine property, this original law of nature, for the beginning of property, in what was before common, still takes place; and by virtue thereof, what fish any one catches in the ocean, that great and still remaining common of mankind; or what ambergris any one takes up here, is by the labour that removes it out of that common state nature left it in, made his property, who takes that pains about it. And even amongst us, the hare that any one is hunting, is thought his who pursues her during the chase: for being a beast that is still looked upon as common, and no man's private possession; whoever has employed so much labour about any of that kind, as to find and pursue her, has thereby removed her from the state of nature, wherein she was common, and hath begun a property.
30.这样，这一理性的法则使得谁杀死印第安人的野鹿，它就是谁的食物，他在这只鹿上花费了劳动，虽然之前它是每个人的共有财产。在所有被认为是开化的人类中，都制定和扩充了肯定性的法律来决定财产权，这条从之前共有的状态中开始财产权的自然的原始法则，仍然发生作用；依据这一点，在广阔仍为人类所共有的海洋中，捕到的鱼，或得到的鲸晶（抹香鲸肠内的结晶物，一种贵重的香料），是由谁通过劳动花费了辛苦使之脱离自然存在的共有状态，就是谁的财产。即使在我们中间，任何人猎到的野兔，也被认为是追捕它的人的财产；因为野兽仍然看作是共有之物，而不是任何人的私有财产；任何人对这类动物花费了劳动，比如发现和追捕，并因此而使它脱离自然状态，之前它是共有，之后就变成财产了。

WIND

§31. It will perhaps be objected to this, that if gathering the acorns, or other fruits of the earth, makes a right to them, then any one may engross as much as he will. To which I answer, Not so. The same law of nature, that does by this means give us property, does also bound that property too. God has given us all things richly, 1 Tim. vi. 12. is the voice of reason confirmed by inspiration. But how far has he given it us? To enjoy. As much as any one can make use of to any advantage of life before it spoils, so much he may by his labour fix a property in: whatever is beyond this, is more than his share, and belongs to others. Nothing was made by God for man to spoil or destroy. And thus, considering the plenty of natural provisions there was a long time in the world, and the few spenders; and to how small a part of that provision the industry of one man could extend itself, and engross it to the prejudice of others; especially keeping within the bounds, set by reason, of what might serve for his use; there could be then little room for quarrels or contentions about property so established.
31.也许有人会反对这种说法，认为如果采集橡子或者其它土地上的果实，就构成了对它们的权利，那么，任何人都可以想占有多少就占有多少。对此我的回答是：并非如此。同样的自然法则，以这种方式给予我们财产权，也以这样的方式约束那样的财产权。上帝已经厚赐给了我们一切（《提摩太前书》6：17），这是人类灵感确认的理性的声音。但是祂在多大的程度上赐予我们呢？以享用为度。在一件物品败坏之前任何人能够使用多少，他通过劳动就对其拥有多大的财产权；超过这个限度就不是他所应得而属于别人了。上帝为人所造的不是为了败坏和毁灭。这样一来，考虑到在很长一段时间内，自然提供了大量的物产，而消费者很少；一个人的劳作所能独占而不利于他人的财产其实是很少的一部分；特别是由理性确定的可供他使用的物产范围；于是这样建立起来的财产权就没有多大的争吵的空间了。

WIND

§32. But the chief matter of property being now not the fruits of the earth, and the beasts that subsist on it, but the earth itself; as that which takes in and carries with it all the rest; I think it is plain, that property in that too is acquired as the former. As much land as a man tills, plants, improves, cultivates, and can use the product of, so much is his property. He by his labour does, as it were, inclose it from the common. Nor will it invalidate his right, to say every body else has an equal title to it; and therefore he cannot appropriate, he cannot inclose, without the consent of all his fellow-commoners, all mankind. God, when he gave the world in common to all mankind, commanded man also to labour, and the penury of his condition required it of him. God and his reason commanded him to subdue the earth, i.e. improve it for the benefit of life, and therein lay out something upon it that was his own, his labour. He that in obedience to this command of God, subdued, tilled and sowed any part of it, thereby annexed to it something that was his property, which another had no title to, nor could without injury take from him.
32.但是，财产权的主要问题现在不是土地上的果实，也不是土地上生存的兽禽，而是土地本身；它包括并附带了其余的一切；我认为很明显，土地财产权的获得也同前述一样。一个人能耕耘，种植，改良和培育多少土地以及使用多少土地的产出，他就拥有多少财产权。这好比他通过他的劳动从共有财产中圈来。即使说其余的人对其拥有同等的资格；而如果没有其余所有共有者的同意他不能独占，不能圈入，也不能使其权利无效。上帝，当他将这个世界赐给人类共有的时候，也令其必需劳动，而人的贫乏境况也会这样要求。上帝和他的理性都要求他开垦土地，换言之，为了有益于生活而改善土地，且因此而附加他自己的劳动。谁服从上帝的命令，对土地的任何部分开垦播种，谁就因此而使之成为他的财产，这种权利是别人没有资格要求的，如果夺走，就不可能不造成损害。

WIND

§33. Nor was this appropriation of any parcel of land, by improving it, any prejudice to any other man, since there was still enough, and as good left; and more than the yet unprovided could use. So that, in effect, there was never the less left for others because of his enclosure for himself: for he that leaves as much as another can make use of, does as good as take nothing at all. No body could think himself injured by the drinking of another man, though he took a good draught, who had a whole river of the same water left him to quench his thirst: and the case of land and water, where there is enough of both, is perfectly the same.
33.这种占有任何一块土地用来改善的做法，也没有对任何他人造成损害，因为还剩有足够且同样好的土地；并且超过尚未取得土地的人的需求。所以，实际上，不会因为他的圈入土地而使留给他人的土地有所减少；这是因为：他留下了足够多的土地可供别人使用，如同完全没有拿走什么一样。没有人能够认为另一个人喝了很多水就伤害了他，因为尚有一整条河的水可供他解渴；而就土地和水来说，两者都足够，情况完全相同。

WIND

§34. God gave the world to men in common; but since he gave it them for their benefit, and the greatest conveniencies of life they were capable to draw from it, it cannot be supposed he meant it should always remain common and uncultivated. He gave it to the use of the industrious and rational, (and labour was to be his title to it;) not to the fancy or covetousness of the quarrelsome and contentious. He that had as good left for his improvement, as was already taken up, needed not complain, ought not to meddle with what was already improved by another's labour: if he did, it is plain he desired the benefit of another's pains, which he had no right to, and not the ground which God had given him in common with others to labour on, and whereof there was as good left, as that already possessed, and more than he knew what to do with, or his industry could reach to.
34.上帝将世界赐给人类共有；但是既然祂给予他们是为了他们的利益，是为了他们能够从中获得最大的生活便利，就不能假定祂的意图是一直维持共有而不开垦。祂将世界赐给人勤勉和理性的使用，（而劳动是拥有它的资格）而不是赐给好争吵的人来幻想和觊觎的。谁还有同那已被占用的一样好的物产可供改善，就无需抱怨，也不应当染指已经被别人的劳动改善好了的东西；如果他这样做，很明显他是想占有他人辛苦的劳动成果，对此他没有权利要求，这不是上帝给予他与其他人共有的用以劳动的土地，而土地上还留有同已被占有的物产一样好的东西，比他所知道的或者他的勤勉所能及的还要多。

WIND

§35. It is true, in land that is common in England, or any other country, where there is plenty of people under government, who have money and commerce, no one can inclose or appropriate any part, without the consent of all his fellowcommoners; because this is left common by compact, i.e. by the law of the land, which is not to be violated. And though it be common, in respect of some men, it is not so to all mankind; but is the joint property of this country, or this parish. Besides, the remainder, after such enclosure, would not be as good to the rest of the commoners, as the whole was when they could all make use of the whole; whereas in the beginning and first peopling of the great common of the world, it was quite otherwise. The law man was under, was rather for appropriating. God commanded, and his wants forced him to labour. That was his property which could not be taken from him where-ever he had fixed it. And hence subduing or cultivating the earth, and having dominion, we see are joined together. The one gave title to the other. So that God, by commanding to subdue, gave authority so far to appropriate: and the condition of human life, which requires labour and materials to work on, necessarily introduces private possessions.
35.确实，在英格兰所共有的土地上，或者在任何一个其他的国家，在政府之下有大量的臣民，他们拥有金钱并从事贸易，若没有其他共有者的同意，任何人都不能圈入或占用任何土地；因为这是由契约确定保留的共有土地，换句话说，由相关的土地法律确定，不可侵犯。虽然这些土地对一些人而言共有，对所有人类却不是这样；它仅仅是这个国家或者这个教区的共有财产。 此外，经过那样的圈地之后余下的部分，对于其余的共有者而言也不再同之前一样好了，因为之前他们能够取用所有的土地；然而在最初定居于这个世界的时候，情形是完全不同的。那时人之上的法律是鼓励占有的。上帝命令，而他自己的欲望也迫使他去劳动。那就是他的财产权，无论他在哪里确定都不能从他手中夺走。因此开垦或者耕种土地与拥有支配权，我们看出是连在一起的。前者给与了后者资格。于是，上帝通过令其开垦土地，而给予其占用的权力；并且人类生活的条件也要求劳动和原料，从而必然地引入了私有财产。

WIND

§36. The measure of property nature has well set by the extent of men's labour and the conveniencies of life: no man's labour could subdue, or appropriate all; nor could his enjoyment consume more than a small part; so that it was impossible for any man, this way, to intrench upon the right of another, or acquire to himself a property, to the prejudice of his neighbour, who would still have room for as good, and as large a possession (after the other had taken out his) as before it was appropriated. This measure did confine every man's possession to a very moderate proportion, and such as he might appropriate to himself, without injury to any body, in the first ages of the world, when men were more in danger to be lost, by wandering from their company, in the then vast wilderness of the earth, than to be straitened for want of room to plant in. And the same measure may be allowed still without prejudice to any body, as full as the world seems: for supposing a man, or family, in the state they were at first peopling of the world by the children of Adam, or Noah; let him plant in some inland, vacant places of America, we shall find that the possessions he could make himself, upon the measures we have given, would not be very large, nor, even to this day, prejudice the rest of mankind, or give them reason to complain, or think themselves injured by this man's encroachment, though the race of men have now spread themselves to all the corners of the world, and do infinitely exceed the small number was at the beginning. Nay, the extent of ground is of so little value, without labour, that I have heard it affirmed, that in Spain itself a man may be permitted to plough, sow and reap, without being disturbed, upon land he has no other title to, but only his making use of it. But, on the contrary, the inhabitants think themselves beholden to him, who, by his industry on neglected, and consequently waste land, has increased the stock of corn, which they wanted. But be this as it will, which I lay no stress on; this I dare boldly affirm, that the same rule of propriety, (viz.) that every man should have as much as he could make use of, would hold still in the world, without straitening any body; since there is land enough in the world to suffice double the inhabitants, had not the invention of money, and the tacit agreement of men to put a value on it, introduced (by consent) larger possessions, and a right to them; which, how it has done, I shall by and by shew more at large.
36.财产权的尺度自然已经由人的劳动和生活便利所能扩展的范围决定好了。没有人的劳动能够开垦或者占有所有的土地；他的享用也仅仅只能消耗一小部分；所以，以这种方式，任何一个人不可能去侵占另一个人的权利，或者为他自己获得财产而损害他的邻人，他的邻人仍然拥有其占用之前一样好和一样大的选择空间。在世界的初期，当人们在地球上广阔的荒野中离群游荡的时候，死亡的危险比缺少土地耕种来得更为迫切，无庸置疑，这种尺度将每个人的财产限制在一个适度的规模，这样一来他自己可以占有而不会伤害别人。现在世界看起来已经人满，同样的尺度仍然允许而不伤害邻人。试想亚当或者挪亚的孩子中一个人或者一个家庭最初在世界上定居的情形；让他在美洲内陆的空地上开垦种植，我们可以发现在我们给他的限度内他能够为他自己占有的财产不会很大，甚至今天，也不会对其余的人类造成损害，或者给予其余人抱怨的理由，认为他们自己因此人的占有而受到侵害，虽然现在人类种族已经扩散到了世界所有的角落，并无限的超过了最初的少量人数。不，若没有劳动，土地所能产生的价值是非常小的。我确切的听说过：在西班牙，一个人可以不受干扰的被允许耕地，播种和收获，即便他对这片土地没有任何资格证，而只仅仅耕种它。但是，当地的居民反而认为自己受惠于他，通过他在被忽视因而是荒芜的土地上的劳作，增加了他们所需的谷物的储蓄。即便如此，这并不是我想要强调的；而我敢大胆的断言：这同样的财产权规则（或译为制度），换言之，每个人只要他能用多少，他就可以拥有多少，仍然在世界上保留着，而不会限制任何人；因为世界上尚有足够的土地来满足成倍的居民，假如没有发明货币并赋予其价值，从而引入（基于同意）更大的财产和财产权的话；而货币如何形成，我将一步步充分加以说明。

WIND

§37. This is certain, that in the beginning, before the desire of having more than man needed had altered the intrinsic value of things, which depends only on their usefulness to the life of man; or had agreed, that a little piece of yellow metal, which would keep without wasting or decay, should be worth a great piece of flesh, or a whole heap of corn; though men had a right to appropriate, by their labour, each one of himself, as much of the things of nature, as he could use: yet this could not be much, nor to the prejudice of others, where the same plenty was still left to those who would use the same industry. To which let me add, that he who appropriates land to himself by his labour, does not lessen, but increase the common stock of mankind: for the provisions serving to the support of human life, produced by one acre of inclosed and cultivated land, are (to speak much within compass) ten times more than those which are yielded by an acre of land of an equal richness lying waste in common. And therefore he that incloses land, and has a greater plenty of the conveniencies of life from ten acres, than he could have from an hundred left to nature, may truly be said to give ninety acres to mankind: for his labour now supplies him with provisions out of ten acres, which were but the product of an hundred lying in common. I have here rated the improved land very low, in making its product but as ten to one, when it is much nearer an hundred to one: for I ask, whether in the wild woods and uncultivated waste of America, left to nature, without any improvement, tillage or husbandry, a thousand acres yield the needy and wretched inhabitants as many conveniencies of life, as ten acres of equally fertile land do in Devonshire, where they are well cultivated? Before the appropriation of land, he who gathered as much of the wild fruit, killed, caught, or tamed, as many of the beasts, as he could; he that so employed his pains about any of the spontaneous products of nature, as any way to alter them from the state which nature put them in, by placing any of his labour on them, did thereby acquire a propriety in them: but if they perished, in his possession, without their due use; if the fruits rotted, or the venison putrified, before he could spend it, he offended against the common law of nature, and was liable to be punished; he invaded his neighbour's share, for he had no right, farther than his use called for any of them, and they might serve to afford him conveniencies of life.
37.这是肯定的：最初，在占有超过人所需的物品的欲望改变其本身价值之前，这种价值仅仅依赖于它们对人生活的功用；或者基于同意，一小块能够无损耗不败坏的保留的黄色金属，可以值一大块肉或者一整堆谷物；虽然每个人有权利通过他的劳动去占有他所能使用的尽可能多的自然物品；但是这不会太多，也不会损害到他人，对于那些将要勤劳的使用这些物产的人而言，留下来的仍然是非常多的。对这一点让我再补充一下：谁通过他的劳动占有土地，不是减少而是增加人类共同的储蓄；因为这些服务于人类生活的物品，通过圈入和开垦一英亩的土地所提供的，将十倍于同等肥沃而处于共有的荒废状态的一英亩土地。所以，谁圈入土地，从十英亩土地上所获得生活物品，将比他让一百英亩土地处于自然状态所获得要多，真可以说他给了人类九十英亩土地；因为他的劳动现在使十英亩的土地所提供的物品相当于一百英亩自然状态的土地。在此我对改良的土地的产出的估计是非常低的，仅仅定为十比一，而很可能会趋近于一百比一；我试问：在美洲丛林未开垦的荒芜的土地，处于自然状态，没有任何改良和耕种，一千英亩土地为贫穷可怜的居民所提供的物品是否像英格兰德文郡同等肥沃并得到良好开垦的十英亩土地一样多呢？在土地占有之前，谁尽可能的采集野果，杀死，捕捉或驯养尽可能多的兽禽；谁通过劳动将自己的辛苦用于任何自然提供的物产，用任何途径改变他们原有的自然状态，无可置疑的对它们获得了财产权。但是如果在他的占有中，它们未用于应得的用途而败坏；如果在他消费之前果实腐烂，或者猎杀的野兽变质，他就冒犯了自然的普通法（或译为自然的共同规则），并因此而应受惩罚；他侵占了他的邻人可享有的部分，因为他没有权利去要求远超他的生活所需要的任何物品。

WIND

§38. The same measures governed the possession of land too: whatsoever he tilled and reaped, laid up and made use of, before it spoiled, that was his peculiar right; whatsoever he enclosed, and could feed, and make use of, the cattle and product was also his. But if either the grass of his enclosure rotted on the ground, or the fruit of his planting perished without gathering, and laying up, this part of the earth, notwithstanding his enclosure, was still to be looked on as waste, and might be the possession of any other. Thus, at the beginning, Cain might take as much ground as he could till, and make it his own land, and yet leave enough to Abel's sheep to feed on; a few acres would serve for both their possessions. But as families increased, and industry inlarged their stocks, their possessions inlarged with the need of them; but yet it was commonly without any fixed property in the ground they made use of, till they incorporated, settled themselves together, and built cities; and then, by consent, they came in time, to set out the bounds of their distinct territories, and agree on limits between them and their neighbours; and by laws within themselves, settled the properties of those of the same society: for we see, that in that part of the world which was first inhabited, and therefore like to be best peopled, even as low down as Abraham's time, they wandered with their flocks, and their herds, which was their substance, freely up and down; and this Abraham did, in a country where he was a stranger. Whence it is plain, that at least a great part of the land lay in common; that the inhabitants valued it not, nor claimed property in any more than they made use of. But when there was not room enough in the same place, for their herds to feed together, they by consent, as Abraham and Lot did, Gen. xiii. 5. separated and inlarged their pasture, where it best liked them. And for the same reason Esau went from his father, and his brother, and planted in mount Seir, Gen. xxxvi. 6.
38.这同样的尺度也管理着土地的占有。无论在败坏之前他耕种和收获，储存和使用什么作物，那都是他特有的权利；无论他圈入喂养和使用什么动物，动物和产出也是他的。但是如果他圈入的青草烂在了地上，他种植的果树果实腐烂而没有收集和储存，土地上的这部分，尽管为他所圈入，仍然被视作荒芜，而本来可以为他人所用的。因此，最初，该隐（亚当的长子）可以尽量拿走他所能开垦的土地，并使之变成他所有，仍然会留给亚伯足够喂羊的土地；几英亩就足够他俩占用了。但是随着家庭的增长，劳作增加了他们的储蓄，他们所拥有的财产随着他们的需要而增大了；但是他们使用的土地仍然共有而没有确定财产权，直到他们结合在一起定居下来并建立城市；于是，基于同意，他们及时的聚在一起，确立他们各自的领土边界，协商他们与邻人的界限；在他们内部通过法律，解决同一社群中的财产权问题。因为我们知道，在最初人们定居的地方，大致也是很适合居住的，甚至到了亚伯拉罕的时代，人们还是带着他们的羊群牛群这些财产到处自由的游荡；而这个亚伯拉罕还是他放牧国家的外乡人。由此很明显知道：至少当时还有相当大部分的土地处于共有状态；当地的居民没有看重也没有宣称超出他们使用的土地的财产权。但是在同一地方当没有足够的土地来放牧他们的牛群的时候，他们基于同意，就像亚伯拉罕与罗得所做的那样（《创世纪》13：8~9），分离并扩大了他们的牧场，在那里也是很适合他们的。由于同样的原因，以扫离开他的父亲和兄弟，到西珥山去种植（《创世纪》36：6~8）。

WIND

§39. And thus, without supposing any private dominion, and property in Adam, over all the world, exclusive of all other men, which can no way be proved, nor any one's property be made out from it; but supposing the world given, as it was, to the children of men in common, we see how labour could make men distinct titles to several parcels of it, for their private uses; wherein there could be no doubt of right, no room for quarrel.
39.因此，无需假定亚当在世界上有排斥他人的任何私有支配权和财产权，对此既没有办法证明，由此也不能得出任何人的财产权；但是假定这个（上帝）给予我们的世界，曾经为人子所共有，我们可以看到劳动怎样的使人有明确的资格分而拥有它，为他们各自私有的用途；对此不能怀疑这种权利，也没有争论的余地。

WIND

2# WIND
§25. Whether we consider natural reason, which tells us, that men, being once born, have a right to their preservation, and consequently to meat and drink, and such other things as nature affords for their subsistence: or revelation, which gives us an account of those grants God made of the world to Adam, and to Noah, and his sons, it is very clear, that God, as king David says, Psal. cxv. 16. has given the earth to the children of men; given it to mankind in common. But this being supposed, it seems to some a very great difficulty, how any one should ever come to have a property in any thing: I will not content myself to answer, that if it be difficult to make out property, upon a supposition that God gave the world to Adam, and his posterity in common, it is impossible that any man, but one universal monarch, should have any property upon a supposition, that God gave the world to Adam, and his heirs in succession, exclusive of all the rest of his posterity. But I shall endeavour to shew, how men might come to have a property in several parts of that which God gave to mankind in common, and that without any express compact of all the commoners.
25.如果我们考虑自然的理由，它告诉我们：人一旦出生，便拥有保存自身的权利，因而需要吃喝，以及诸如此类的自然提供给他们生存的物品；或者，就上帝的启示来说，也给了我们一种解释：上帝将创造的这个世界给予了亚当，然后给予了挪亚和他的儿子，这非常清楚，正如大卫王所说：上帝将地赐给了人子（《诗篇》115：16），赐给了人类共有。但这样假定之后，看起来似乎还是非常难以理解：任何一个人究竟如何拥有任何一件物品；我自己也不满足于这样的回答，在上帝将世界给予亚当和他的子嗣共有的假设的基础上，要弄明白财产权还是有困难的。在上帝将世界给予亚当和他的子嗣共有而排斥其他人的假设的基础上，除了一个全体性的君主，任何人都不可能拥有任何财产。但是我将努力说明，人类如何可以分而拥有上帝赐给人类共有的这个世界，对此并没有一个所有共有者明确订立的契约。

WIND

这一段加粗的部分,原译有误,一直感觉不对劲.现在终于没有问题了.

WIND

§40. Nor is it so strange, as perhaps before consideration it may appear, that the property of labour should be able to over-balance the community of land: for it is labour indeed that puts the difference of value on every thing; and let any one consider what the difference is between an acre of land planted with tobacco or sugar, sown with wheat or barley, and an acre of the same land lying in common, without any husbandry upon it, and he will find, that the improvement of labour makes the far greater part of the value. I think it will be but a very modest computation to say, that of the products of the earth useful to the life of man nine tenths are the effects of labour: nay, if we will rightly estimate things as they come to our use, and cast up the several expenses about them, what in them is purely owing to nature, and what to labour, we shall find, that in most of them ninety-nine hundredths are wholly to be put on the account of labour.
40.劳动的财产权应该超过土地的共有权，在仔细考虑之后就不会那么奇怪了；因为确实是劳动使每件东西具有了不同的价值；如果任何人考虑一下种植了烟草或甘蔗，播种了小麦或大麦的一英亩土地与一英亩同样的土地处于共有状态的不同，那么他就会发现，劳动的改良创造了它的绝大部分价值。我以非常保守的估计认为：土地有益于人的生活的产出十分之九都是劳动的结果；不仅如此，如果我们正确地估计我们所使用的东西，并将各项损耗算进来的话，哪些属于纯粹自然提供，哪些属于劳动提供，我们将会发现：绝大部分物品百分之九十九都应归于劳动。

WIND

§41. There cannot be a clearer demonstration of any thing, than several nations of the Americans are of this, who are rich in land, and poor in all the comforts of life; whom nature having furnished as liberally as any other people, with the materials of plenty, i.e. a fruitful soil, apt to produce in abundance, what might serve for food, raiment, and delight; yet for want of improving it by labour, have not one hundredth part of the conveniencies we enjoy: and a king of a large and fruitful territory there, feeds, lodges, and is clad worse than a day-labourer in England.
41.关于这一点，没有比美洲几个国家更明显清晰的实例了，这些国家土地肥沃，在生活的便利上却贫乏；自然为他们提供了大量的物产，与对待别的种群一样慷慨，换言之，肥沃的土壤，易于生产丰富的物品，以供衣食享受所需；然而，缺乏改善土地的劳动，还没有我们享受便利物品的百分之一；并且那里统治一大片肥沃领地的国王，食住穿着还不如英格兰一个做零工的人。

WIND

§42. To make this a little clearer, let us but trace some of the ordinary provisions of life, through their several progresses, before they come to our use, and see how much they receive of their value from human industry. Bread, wine and cloth, are things of daily use, and great plenty; yet notwithstanding, acorns, water and leaves, or skins, must be our bread, drink and clothing, did not labour furnish us with these more useful commodities: for whatever bread is more worth than acorns, wine than water, and cloth or silk, than leaves, skins or moss, that is wholly owing to labour and industry; the one of these being the food and raiment which unassisted nature furnishes us with; the other, provisions which our industry and pains prepare for us, which how much they exceed the other in value, when any one hath computed, he will then see how much labour makes the far greatest part of the value of things we enjoy in this world: and the ground which produces the materials, is scarce to be reckoned in, as any, or at most, but a very small part of it; so little, that even amongst us, land that is left wholly to nature, that hath no improvement of pasturage, tillage, or planting, is called, as indeed it is, waste; and we shall find the benefit of it amount to little more than nothing.
This shews how much numbers of men are to be preferred to largeness of dominions; and that the increase of lands, and the right employing of them, is the great art of government: and that prince, who shall be so wise and godlike, as by established laws of liberty to secure protection and encouragement to the honest industry of mankind, against the oppression of power and narrowness of party, will quickly be too hard for his neighbours: but this by the by. To return to the argument in hand.
42.为了使这一点更明朗一些，让我们来追踪一下几件普通生活用品在我们使用之前的几段过程，来看看他们的价值包含多少人类劳动。面包，葡萄酒和衣服，乃日常用品，大量使用；然而，若没有劳动为我们提供面包，饮料和衣服这些更有用的日用品，就只有使用橡子，水和树叶或树皮了。因为无论怎样，面包比橡子更有价值，葡萄酒比水更有价值，衣服或丝绸比树叶树皮或苔藓更有价值，这些统统归功于劳动；一种衣食纯粹是自然提供给我们的；另一种，是我们的劳作和辛苦提供给我们的，后者在价值上超过前者多少，任何人只要算一下他就会发现劳动创造了我们享用的绝大多数物品的多少价值。而生产这些原料的土地，却几乎没有价值，最多，只占其中很少的一部分；如此之少，以至于在我们中间，将完全留待自然状态没有改善为牧场耕地或林场的土地，叫作“荒地”，而确实也是；我们也发现它的收益几乎等于零。
这就表明：人口众多优于领土广阔；增加土地并正确的使用它们，是政府的重要技术；一个君主，应当足够明智如神，通过建立自由的法律来可靠的保护和鼓励人类诚实的劳动，反对权力的压迫和党派的狭隘，这将迅速的增强他的国力而使邻国感到压力；不过这只是顺带提一下。
再回到刚才的辩论。

WIND

§43. An acre of land, that bears here twenty bushels of wheat, and another in America, which, with the same husbandry, would do the like, are, without doubt, of the same natural intrinsic value: but yet the benefit mankind receives from the one in a year, is worth 5l. and from the other possibly not worth a penny, if all the profit an Indian received from it were to be valued, and sold here; at least, I may truly say, not one thousandth. It is labour then which puts the greatest part of value upon land, without which it would scarcely be worth any thing: it is to that we owe the greatest part of all its useful products; for all that the straw, bran, bread, of that acre of wheat, is more worth than the product of an acre of as good land, which lies waste, is all the effect of labour: for it is not barely the plough-man's pains, the reaper's and thresher's toil, and the baker's sweat, is to be counted into the bread we eat; the labour of those who broke the oxen, who digged and wrought the iron and stones, who felled and framed the timber employed about the plough, mill, oven, or any other utensils, which are a vast number, requisite to this corn, from its being feed to be sown to its being made bread, must all be charged on the account of labour, and received as an effect of that: nature and the earth furnished only the almost worthless materials, as in themselves. It would be a strange catalogue of things, that industry provided and made use of, about every loaf of bread, before it came to our use, if we could trace them; iron, wood, leather, bark, timber, stone, bricks, coals, lime, cloth, dying drugs, pitch, tar, masts, ropes, and all the materials made use of in the ship, that brought any of the commodities made use of by any of the workmen, to any part of the work; all which it would be almost impossible, at least too long, to reckon up.
43.这里年产20蒲式尔(约为730升)小麦的一英亩（约为4000平方米）土地和美洲的一英亩土地，若用同样的方法耕种，获得的收成会差不多，没有疑问，它们具有同样的自然本身的价值；然而，人类一年从前者可获益5英镑，如果一个印第安人将所有的收成估价并在这里出卖，他可能得不到1便士（1英镑=100便士）；如果允许我实说的话，不到千分之一。所以，是劳动将绝大部分价值加在土地上，若没有劳动它几乎将分文不值；我们将绝大部分有用的产品都归于劳动的作用；因为一英亩小麦所产的茎杆，麦麸，面包，远比一英亩同样好却荒芜的土地所产的物品多，都是劳动的结果；因为不仅仅耕地人的辛劳，收割人脱粒人的劳动，都要算进我们所食用的面包之中；那些驯养耕牛的人，那些采掘和冶炼铁矿石的人，那些砍伐和构造用于犁，磨，烤炉或其它用具的木料的人，这许许多多人的劳动，从播种到制成面包，只要是生产这种谷物所必需的，都必须算进劳动之中，并认为是劳动的结果；自然和土地本身提供的几乎都是没有价值的原料。如果我们追踪一下我们食用的每块面包的劳动所提供的东西，那么将会发现这是一个不太可理解的物品清单；铁，树，皮革，树皮，木头，石头，砖，煤炭，石灰，布料，染料，沥青，焦油，桅杆，绳索，以及所有造船的材料——船运来了其他工人制造的这件工作所需要的物品——完全列举几乎不可能，至少是太长。

WIND

§44. From all which it is evident, that though the things of nature are given in common, yet man, by being master of himself, and proprietor of his own person, and the actions or labour of it, had still in himself the great foundation of property; and that, which made up the great part of what he applied to the support or comfort of his being, when invention and arts had improved the conveniencies of life, was perfectly his own, and did not belong in common to others.
44.由以上，很明显：虽然自然的东西赐给了人类共有，然而，既然人是他自己的主人，是他自己人身和行为或劳动的所有者，他依靠自身就拥有了财产权的主要基础；当发明和技术改善生活的便利的时候，那些用以支持和慰藉他的生命的大部分用品，完全的属于他自己而不与他人共有。

WIND

洛克对私有财产权的简明扼要的逻辑:
1, 人类用于满足自身的产品,绝大部分来自劳动;
2,人是他自己的人身和劳动的所有者,因而毫无疑问的,财产属于个人所有.

WIND

§45. Thus labour, in the beginning, gave a right of property, wherever any one was pleased to employ it upon what was common, which remained a long while the far greater part, and is yet more than mankind makes use of. Men, at first, for the most part, contented themselves with what unassisted nature offered to their necessities: and though afterwards, in some parts of the world, (where the increase of people and stock, with the use of money, had made land scarce, and so of some value) the several communities settled the bounds of their distinct territories, and by laws within themselves regulated the properties of the private men of their society, and so, by compact and agreement, settled the property which labour and industry began; and the leagues that have been made between several states and kingdoms, either expressly or tacitly disowning all claim and right to the land in the others possession, have, by common consent, given up their pretences to their natural common right, which originally they had to those countries, and so have, by positive agreement, settled a property amongst themselves, in distinct parts and parcels of the earth; yet there are still great tracts of ground to be found, which (the inhabitants thereof not having joined with the rest of mankind, in the consent of the use of their common money) lie waste, and are more than the people who dwell on it do, or can make use of, and so still lie in common; tho' this can scarce happen amongst that part of mankind that have consented to the use of money.
45.所以，初始，只要人愿意将他的劳动施与共有物之上，劳动就给予了他财产权，在一段长时期内绝大部分仍将共有，并超过人类所能使用。最初，就绝大部分人而言，满足于自然直接提供给他们的生活必需品；然而后来，世界某些部分的种群，（在那里，人口和储蓄的增长，并随着货币的使用，使土地变得不足，因而有了一些价值）多个社群之间确定了他们各自的领土边界，并在社群内部通过法律管理他们社会的私人财产权，于是通过契约和协议，确定由劳动创造的财产权；多个国家和王国之间则订立盟约，以明确表达或默认的形式否认了彼此之间的土地要求和权利，从而，基于共同的同意，放弃了他们原初对于别的国家所拥有的自然的共有权利的要求，于是，通过肯定性的协议，确定他们之间的财产权，在地球上形成各个不同的国家；然而还有大片土地被发现，（那里的居民并未与其余的人类通过使用共同的货币而融合在一起）这些土地处于荒芜状态，多于那里的居民所能够使用，因而仍处于共有状态；不过这种情形很少发生在那些同意使用货币的人群之中。

WIND

§46. The greatest part of things really useful to the life of man, and such as the necessity of subsisting made the first commoners of the world look after, as it cloth the Americans now, are generally things of short duration; such as, if they are not consumed by use, will decay and perish of themselves: gold, silver and diamonds, are things that fancy or agreement hath put the value on, more than real use, and the necessary support of life. Now of those good things which nature hath provided in common, every one had a right (as hath been said) to as much as he could use, and property in all that he could effect with his labour; all that his industry could extend to, to alter from the state nature had put it in, was his. He that gathered a hundred bushels of acorns or apples, had thereby a property in them, they were his goods as soon as gathered. He was only to look, that he used them before they spoiled, else he took more than his share, and robbed others. And indeed it was a foolish thing, as well as dishonest, to hoard up more than he could make use of. If he gave away a part to any body else, so that it perished not uselessly in his possession, these he also made use of. And if he also bartered away plums, that would have rotted in a week, for nuts that would last good for his eating a whole year, he did no injury; he wasted not the common stock; destroyed no part of the portion of goods that belonged to others, so long as nothing perished uselessly in his hands. Again, if he would give his nuts for a piece of metal, pleased with its colour; or exchange his sheep for shells, or wool for a sparkling pebble or a diamond, and keep those by him all his life he invaded not the right of others, he might heap up as much of these durable things as he pleased; the exceeding of the bounds of his just property not lying in the largeness of his possession, but the perishing of any thing uselessly in it.
46.对人的生活真正有用的绝大部分物品，比如令世界最初的共有者所寻求的那些生活必需品，就像现在的美洲人寻求的布料一样，一般都是些存在周期短的物品；如果它们不能被使用而消耗，也将腐烂变质；金银和钻石，由人们的喜好或同意而赋予了它们大于真实用途和对生命的必要性的价值。现在，那些自然提供给人类共有的好东西，每个人都有权利（如前所述）尽其所能的占有，只要他的劳动所能施加影响的都是他的财产；他的勤勉能及的，都将自然提供的物品转变为他的。他采集100蒲式尔的橡子或苹果，便对它们拥有了财产权，它们一经采集便成为了他的财产。他只要注意在它们败坏之前使用它们，否则就多取了他应得一份而掠夺了别人的那份。事实上，贮藏超过他所能够使用的物品，不仅是一件愚蠢的事情，也是一件不诚实的事情。如果他将其中的部分施与他人，这样不致于在他的占有下无用的腐烂，这也算他在使用了。又假如他将一周内会腐烂的李子换成坚果，这可以好好的保存一年供他食用，他也没有造成什么损害；只要在他手里没有物品无用的腐烂，他就没有浪费公共储蓄，没有毁坏本属于别人的那份物品。再者，如果他愿意将他的坚果换成一块他喜爱其颜色的金属；或者将他的绵羊换成贝壳，或者将羊毛换成闪闪发光的水晶石或钻石，并终生保存，这并没有侵犯别人的权利，这些可长期保存的物品，他想存多少就存多少；是否超过他的正当财产范围，不在于他占有多少，而在于这些物品是否无用的败坏掉。

WIND

§47. And thus came in the use of money, some lasting thing that men might keep without spoiling, and that by mutual consent men would take in exchange for the truly useful, but perishable supports of life.
47.货币就这样使用起来了，某种人们可以长久保存而不致败坏的物品，基于相互的同意，人们可以用于交换那些真正有用的不过易于腐烂的生活品。

WIND

§48. And as different degrees of industry were apt to give men possessions in different proportions, so this invention of money gave them the opportunity to continue and enlarge them: for supposing an island, separate from all possible commerce with the rest of the world, wherein there were but an hundred families, but there were sheep, horses and cows, with other useful animals, wholesome fruits, and land enough for corn for a hundred thousand times as many, but nothing in the island, either because of its commonness, or perishableness, fit to supply the place of money; what reason could any one have there to enlarge his possessions beyond the use of his family, and a plentiful supply to its consumption, either in what their own industry produced, or they could barter for like perishable, useful commodities, with others? Where there is not some thing, both lasting and scarce, and so valuable to be hoarded up, there men will not be apt to enlarge their possessions of land, were it never so rich, never so free for them to take: for I ask, what would a man value ten thousand, or an hundred thousand acres of excellent land, ready cultivated, and well stocked too with cattle, in the middle of the inland parts of America, where he had no hopes of commerce with other parts of the world, to draw money to him by the sale of the product? It would not be worth the enclosing, and we should see him give up again to the wild common of nature, whatever was more than would supply the conveniencies of life to be had there for him and his family.
48.就像不同程度的勤劳会给人们不同数量的财产，货币的发明也给予了他们机会去保存和扩大货币。想象有这么一个岛屿，与世界其它地方的贸易完全隔绝，在那里只有一百户家庭，但是有绵羊，马和奶牛，和其它一些有用的兽禽和有益健康的果实，以及足够生产十万倍谷物的土地，可是，由于这些物品不是太过普遍就是易于腐烂，岛上竟没有一样东西适合做货币；在这种情况下，那里的任何人在超过他的家庭所需，以及通过自身的劳动生产或与他人物物交换一些类似的易腐的有用的日用品之外又有什么理性去扩充他的财产呢？在任何地方，若没有既稀少又可长久保存的物品，因为宝贵而值得保存，那里的人们就不会趋向于扩大他们的土地财产，尽管土地从未如此肥沃，他们可以如此自由的获取土地。试问，如果有一个人在美洲中部，有一万或者十万英亩优等土地，可以开垦，也储备了耕牛，可是他没有与世界其它地方进行贸易的希望，以用土地的产出来换取货币，那么他会如何评估这片土地呢？并不值得圈入，我们将会看到：超过他与他的家人的生活便利所需，他仍将留待自然的共有状态。

WIND

§49. Thus in the beginning all the world was America, and more so than that is now; for no such thing as money was any where known. Find out something that hath the use and value of money amongst his neighbours, you shall see the same man will begin presently to enlarge his possessions.
49.因此，世界的初始都像美洲，像以前的美洲；因为那时候谁也不知道有货币这回事。只要有人在他们邻人中间发现了一种可作货币的物品，你就会看到这人立即会扩大他的财产。

WIND

§50. But since gold and silver, being little useful to the life of man in proportion to food, raiment, and carriage, has its value only from the consent of men, whereof labour yet makes, in great part, the measure, it is plain, that men have agreed to a disproportionate and unequal possession of the earth, they having, by a tacit and voluntary consent, found out, a way how a man may fairly possess more land than he himself can use the product of, by receiving in exchange for the overplus gold and silver, which may be hoarded up without injury to any one; these metals not spoiling or decaying in the hands of the possessor. This partage of things in an inequality of private possessions, men have made practicable out of the bounds of society, and without compact, only by putting a value on gold and silver, and tacitly agreeing in the use of money: for in governments, the laws regulate the right of property, and the possession of land is determined by positive constitutions.
50.但是，既然金和银与食物，衣服，马车相比，对人的生活用处很小，其价值只能基于人们的同意，由此，在很大程度上，仍然是由劳动决定价值尺度，很明显，人们已经同意不相等的占有地球上的财产，他们通过默认和自愿同意的方式已经找到一种方法，使人可以公平的占有其产出超过他自己能使用的土地，这种方法就是将剩余物品换成任何人都能够无损的保存的金和银；这些金属在持有者手中不会腐烂变质。这种私有财产的不相等的占有，人们之所以能够超出社会的范围无需契约就能实行，仅仅是赋予金银一定的价值，以默认的方式当货币使用。就政府的管辖而言，法律管理着财产权，土地的占有由肯定性的宪法确定。