a theologico-political treatise [part iv]-第3章
按键盘上方向键 ← 或 → 可快速上下翻页,按键盘上的 Enter 键可回到本书目录页,按键盘上方向键 ↑ 可回到本页顶部!
————未阅读完?加入书签已便下次继续阅读!
wherewith he can compel men by force; or restrain them by threats of the
universally feared punishment of death; such sovereign right he will
retain only so long as he can maintain his power of enforcing his will;
otherwise he will totter on his throne; and no one who is stronger than he
will be bound unwillingly to obey him。
(16:45) In this manner a society can be formed without any violation of
natural right; and the covenant can always be strictly kept … that is; if
each individual hands over the whole of his power to the body politic; the
latter will then possess sovereign natural right over all things; that is;
it will have sole and unquestioned dominion; and everyone will be bound to
obey; under pain of the severest punishment。 (46) A body politic of this
kind is called a Democracy; which may be defined as a society which wields
all its power as a whole。 (47) The sovereign power is not restrained by any
laws; but everyone is bound to obey it in all things; such is the state of
things implied when men either tacitly or expressly handed over to it all
their power of self…defence; or in other words; all their right。 (48) For if
they had wished to retain any right for themselves; they ought to have taken
precautions for its defence and preservation; as they have not done so;
and indeed could not have done so without dividing and consequently ruining
the state; they placed themselves absolutely at the mercy of the sovereign
power; and; therefore; having acted (as we have shown) as reason and
necessity demanded; they are obliged to fulfil the commands of the sovereign
power; however absurd these may be; else they will be public enemies; and
will act against reason; which urges the preservation of the state as a
primary duty。 (49) For reason bids us choose the least of two evils。
(16:50) Furthermore; this danger of submitting absolutely to the dominion
and will of another; is one which may be incurred with a light heart: for we
have shown that sovereigns only possess this right of imposing their will;
so long as they have the full power to enforce it: if such power be lost
their right to command is lost also; or lapses to those who have assumed it
and can keep it。 (51) Thus it is very rare for sovereigns to impose
thoroughly irrational commands; for they are bound to consult their own
interests; and retain their power by consulting the public good and
acting according to the dictates of reason; as Seneca says; 〃violenta
imperia nemo continuit diu。〃 (52) No one can long retain a tyrant's sway。
(16:53) In a democracy; irrational commands are still less to be feared: for
it is almost impossible that the majority of a people; especially if it be a
large one; should agree in an irrational design: and; moreover; the basis
and aim of a democracy is to avoid the desires as irrational; and to bring
men as far as possible under the control of reason; so that they may live in
peace and harmony: if this basis be removed the whole fabric falls to ruin。
(16:54) Such being the ends in view for the sovereign power; the duty of
subjects is; as I have said; to obey its commands; and to recognize no right
save that which it sanctions。
'16:4' (55) It will; perhaps; be thought that we are turning subjects into
slaves: for slaves obey commands and free men live as they like; but this
idea is based on a misconception; for the true slave is he who is led away
by his pleasures and can neither see what is good for him nor act
accordingly: he alone is free who lives with free consent under the entire
guidance of reason。
(16:56) Action in obedience to orders does take away freedom in a certain
sense; but it does not; therefore; make a man a slave; all depends on the
object of the action。 (57) If the object of the action be the good of the
state; and not the good of the agent; the latter is a slave and does
himself no good: but in a state or kingdom where the weal of the whole
people; and not that of the ruler; is the supreme law; obedience to the
sovereign power does not make a man a slave; of no use to himself; but a
subject。 (58) Therefore; that state is the freest whose laws are founded on
sound reason; so that every member of it may; if he will; be free 'Endnote
27'; that is; live with full consent under the entire guidance of reason。
(16:59) Children; though they are bound to obey all the commands of their
parents; are yet not slaves: for the commands of parents look generally to
the children's benefit。
(60) We must; therefore; acknowledge a great difference between a slave; a
son; and a subject; their positions may be thus defined。 (61) A slave is one
who is bound to obey his master's orders; though they are given solely in
the master's interest: a son is one who obeys his father's orders; given
in his own interest; a subject obeys the orders of the sovereign power;
given for the common interest; wherein he is included。
(16:62) I think I have now shown sufficiently clearly the basis of a
democracy: I have especially desired to do so; for I believe it to be of all
forms of government the most natural; and the most consonant with individual
liberty。 (63) In it no one transfers his natural right so absolutely that he
has no further voice in affairs; he only hands it over to the majority of a
society; whereof he is a unit。 Thus all men remain as they were in the state
of nature; equals。
(16:64) This is the only form of government which I have treated of at
length; for it is the one most akin to my purpose of showing the benefits of
freedom in a state。
(65) I may pass over the fundamental principles of other forms of
government; for we may gather from what has been said whence their right
arises without going into its origin。 (66) The possessor of sovereign power;
whether he be one; or many; or the whole body politic; has the sovereign
right of imposing any commands he pleases: and he who has either
voluntarily; or under compulsion; transferred the right to defend him to
another; has; in so doing; renounced his natural right and is therefore
bound to obey; in all things; the commands of the sovereign power; and will
be bound so to do so long as the king; or nobles; or the people preserve the
sovereign power which formed the basis of the original transfer。 (67) I need
add no more。
'16:5' (68) The bases and rights of dominion being thus displayed; we shall
readily be able to define private civil right; wrong; justice; and
injustice; with their relations to the state; and also to determine what
constitutes an ally; or an enemy; or the crime of treason。
(16:69) By private civil right we can only mean the liberty every man
possesses to preserve his existence; a liberty limited by the edicts of the
sovereign power; and preserved only by its authority: for when a man has
transferred to another his right of living as he likes; which was only
limited by his power; that is; has transferred his liberty and power of
self…defence; he is bound to live as that other dictates; and to trust to
him entirely for his defence。 (70) Wrong takes place when a citizen; or
subject; is forced by another to undergo some loss or pain in contradiction
to the authority of the law; or the edict of the sovereign power。
(16:71) Wrong is conceivable only in an organized community: nor can it ever
accrue to subjects from any act of the sovereign; who has the right to do
what he likes。 (72) It can only arise; therefore; between private persons;
who are bound by law and right not to injure one another。 (73) Justice
consists in the habitual rendering to every man his lawful due: injustice
consists in depriving a man; under the pretence of legality; of what the
laws; rightly interp