a theologico-political treatise [part iv]-第3节
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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 interpreted; would allow him。 (74) These last are also called
equity and iniquity; because those who administer the laws are bound to show
no respect of persons; but to account all men equal; and to defend every
man's right equally; neither envying the rich nor despising the poor。
'16:6'(75) The men of two states become allies; when for the sake of
avoiding war; or for some other advantage; they covenant to do each other no
hurt; but on the contrary; to assist each other if necessity arises; each
retaining his independence。 (76) Such a covenant is valid so long as its
basis of danger or advantage is in force: no one enters into an engagement;
or is bound to stand by his compacts unless there be a hope of some accruing
good; or the fear of some evil: if this basis be removed the compact thereby
becomes void: this has been abundantly shown by experience。 (77) For
although different states make treaties not to harm one another; they always
take every possible precaution against such treaties being broken by the
stronger party; and do not rely on the compact; unless there is a
sufficiently obvious object and advantage to both parties in observing it。
(78) Otherwise they would fear a breach of faith; nor would there be any
wrong done thereby: for who in his proper senses; and aware of the right of
the sovereign power; would trust in the promises of one who has the will and
the power to do what he likes; and who aims solely at the safety and
advantage of his dominion? (79) Moreover; if we consult loyalty and
religion; we shall see that no one in possession of power ought to abide by
his promises to the injury of his dominion; for he cannot keep such promises
without breaking the engagement he made with his subjects; by which both he
and they are most solemnly bound。 (80) An enemy is one who lives apart from
the state; and does not recognize its authority either as a subject or as an
ally。 It is not hatred which makes a man an enemy; but the rights of the
state。 (81) The rights of the state are the same in regard to him who
does not recognize by any compact the state authority; as they are against
him who has done the state an injury: it has the right to force him as best
it can; either to submit; or to contract an alliance。
'16:7' (82) Lastly; treason can only be committed by subjects; who by
compact; either tacit or expressed; have transferred all their rights to the
state: a subject is said to have committed this crime when he has attempted;
for whatever reason; to seize the sovereign power; or to place it in
different hands。 (83) I say; has attempted; for if punishment were not to
overtake him till he had succeeded; it would often come too late; the
sovereign rights would have been acquired or transferred already。
(16:84) I also say; has attempted; for whatever reason; to seize the
sovereign pow