The Online Library of Liberty

John Locke on the Punishment of Sin

John Locke (1632-1704), in his Letter on Toleration, argued that sins should not be punished by the magistrate. Only acts which are "prejudicial to other men's rights" should be legally punished : ... it does not follow, that because it is a sin it ought therefore to be punished by the magistrate. For it does not belong unto the magistrate to make use of his sword in punishing every thing, indifferently, that he takes to be a sin against God. Covetousness, uncharitableness, idleness, and many other things are sins, by the consent of all men, which yet no man ever said were to be punished by the magistrate. The reason is, because they are not prejudicial to other men’s rights, nor do they break the public peace of societies. [See the Reading Guide on Locke's Letter on Toleration.]

The full paragraph from which this quotation was taken can be be viewed below (front page quote in bold):

But idolatry, say some, is a sin, and therefore not to be tolerated. If they said it were therefore to be avoided, the inference were good. But it does not follow, that because it is a sin it ought therefore to be punished by the magistrate. For it does not belong unto the magistrate to make use of his sword in punishing every thing, indifferently, that he takes to be a sin against God. Covetousness, uncharitableness, idleness, and many other things are sins, by the consent of all men, which yet no man ever said were to be punished by the magistrate. The reason is, because they are not prejudicial to other men’s rights, nor do they break the public peace of societies. Nay, even the sins of lying and perjury are no where punishable by laws; unless in certain cases, in which the real turpitude of the thing and the offence against God, are not considered, but only the injury done unto men’s neighbours, and to the commonwealth. And what if in another country, to a mahometan or a pagan prince, the christian religion seem false and offensive to God; may not the christians for the same reason, and after the same manner, be extirpated there?