theologico-political treatise p1(神学与政治专题研究1)-第14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！
on natural necessity is one which necessarily follows from the nature； or
from the definition of the thing in question； a law which depends on
human decree； and which is more correctly called an ordinance； is one
which men have laid down for themselves and others in order to live more
safely or conveniently； or from some similar reason。
（3） For example； the law that all bodies impinging on lesser bodies；
lose as much of their own motion as they communicate to the latter is a
universal law of all bodies； and depends on natural necessity。 （4） So； too；
the law that a man in remembering one thing； straightway remembers
another either like it； or which he had perceived simultaneously with it； is
a law which necessarily follows from the nature of man。 （5） But the law
that men must yield； or be compelled to yield； somewhat of their natural
right； and that they bind themselves to live in a certain way； depends on
human decree。 （6） Now； though I freely admit that all things are
predetermined by universal natural laws to exist and operate in a given；
fixed； and definite manner； I still assert that the laws I have just mentioned
depend on human decree。
（1。） （7） Because man； in so far as he is a part of nature； constitutes a
part of the power of nature。 （8） Whatever； therefore； follows necessarily
from the necessity of human nature （that is； from nature herself； in so far
as we conceive of her as acting through man） follows； even though it be
necessarily； from human power。 （9） Hence the sanction of such laws may
very well be said to depend on man's decree； for it principally depends on
the power of the human mind； so that the human mind in respect to its
perception of things as true and false； can readily be conceived as without
such laws； but not without necessary law as we have just defined it。
54
… Page 55…
A Theologico…Political Treatise
（2。） （10） I have stated that these laws depend on human decree because
it is well to define and explain things by their proximate causes。 （11） The
general consideration of fate and the concatenation of causes would aid us
very little in forming and arranging our ideas concerning particular
questions。 （12） Let us add that as to the actual coordination and
concatenation of things； that is how things are ordained and linked
together； we are obviously ignorant； therefore； it is more profitable for
right living； nay； it is necessary for us to consider things as contingent。 （13）
So much about law in the abstract。
（14） Now the word law seems to be only applied to natural phenomena
by analogy； and is commonly taken to signify a command which men can
either obey or neglect； inasmuch as it restrains human nature within
certain originally exceeded limits； and therefore lays down no rule beyond
human strength。 （15） Thus it is expedient to define law more particularly
as a plan of life laid down by man for himself or others with a certain
object。
（16） However； as the true object of legislation is only perceived by a
few； and most men are almost incapable of grasping it； though they live
under its conditions； legislators； with a view to exacting general obedience；
have wisely put forward another object； very different from that which
necessarily follows from the nature of law： they promise to the observers
of the law that which the masses chiefly desire； and threaten its violators
with that which they chiefly fear： thus endeavouring to restrain the masses；
as far as may be； like a horse with a curb； whence it follows that the word
law is chiefly applied to the modes of life enjoined on men by the sway of
others； hence those who obey the law are said to live under it and to be
under compulsion。 （17） In truth； a man who renders everyone their due
because he fears the gallows； acts under the sway and compulsion of
others； and cannot be called just。 （18） But a man who does the same from
a knowledge of the true reason for laws and their necessity； acts from a
firm purpose and of his own accord； and is therefore properly called just。
（19） This； I take it； is Paul's meaning when he says； that those who live
under the law cannot be justified through the law； for justice； as commonly
defined； is the constant and perpetual will to render every man his due。 （20）
55
… Page 56…
A Theologico…Political Treatise
Thus Solomon says （Prov。 xxi：15）； 〃It is a joy to the just to do judgment；〃
but the wicked fear。
（21） Law； then； being a plan of living which men have for a certain
object laid down for themselves or others； may； as it seems； be divided
into human law and Divine law。 ｛But both are opposite sides of the same
coin｝
（22） By human law I mean a plan of living which serves only to render
life and the state secure。 （23） By Divine law I mean that which only
regards the highest good； in other words； the true knowledge of God and
love。
（24） I call this law Divine because of the nature of the highest good；
which I will here shortly explain as clearly as I can。
（25） Inasmuch as the intellect is the best part of our being； it is evident
that we should make every effort to perfect it as far as possible if we desire
to search for what is really profitable to us。 （26） For in intellectual
perfection the highest good should consist。 （27） Now； since all our
knowledge； and the certainty which removes every doubt； depend solely
on the knowledge of God；… firstly； because without God nothing can exist
or be conceived； secondly； because so long as we have no clear and
distinct idea of God we may remain in universal doubt … it follows that our
highest good and perfection also depend solely on the knowledge of God。
（28） Further； since without God nothing can exist or be conceived； it is
evident that all natural phenomena involve and express the conception of
God as far as their essence and perfection extend； so that we have greater
and more perfect knowledge of God in proportion to our knowledge of
natural phenomena： conversely （since the knowledge of an effect through
its cause is the same thing as the knowledge of a particular property of a
cause） the greater our knowledge of natural phenomena； the more perfect
is our knowledge of the essence of God （which is the cause of all things）。
（29） So； then； our highest good not only depends on the knowledge of God；
but wholly consists therein； and it further follows that man is perfect or the
reverse in proportion to the nature and perfection of the object of his
special desire； hence the most perfect and the chief sharer in the highest
blessedness is he who prizes above all else； and takes especial delight in；
56
… Page 57…
A Theologico…Political Treatise
the intellectual knowledge of God； the most perfect Being。
（30） Hither； then； our highest good and our highest blessedness aim …
namely； to the knowledge and love of God； therefore the means demanded
by this aim of all human actions； that is； by God in so far as the idea of
him is in us； may be called the commands of God； because they proceed；
as it were； from God Himself； inasmuch as He exists in our minds； and the
plan of life which has regard to this aim may be fitly called the law of
God。
（31） The nature of the means； and the plan of life which this aim
demands； how the foundations of the best states follow its lines； and how
men's life is conducted； are questions pertaining to general ethics。 （32）
Here I only proceed to treat of the Divine law in a particular application。
（33） As the love of God is man's highest happiness and blessedness；
and the ultimate end and aim of all human actions； it follows that he alone
lives by the Divine law who loves God not from fear of punishment； or
from love of any other object； such as sensual pleasure； fame； or the like；
but solely because he has knowledge of God； or is convinced that the
knowledge and love of God is the highest good。 （34） The sum and chief
precept； then； of the Divine law is to love God as the highest good； namely；
as we have said； not from fear of any pains and penalties； or from the love
of any other object in which we desire to take pleasure。 （35） The idea of
God lays down the rule that God is our highest good … in other words； that
the knowledge and love of God is the ultimate aim to which all our actions
should be directed。 （36） The worldling cannot understand these things；
they appear foolishness to him。 because he has too meager a knowledge of
God； and also because in this highest good he can discover nothing which
he can handle or eat； or which affects the fleshly appetites wherein he
chiefly delights； for it consists solely in thought and the pure reason。 （37）
They； on the other hand； who know that they possess no greater gift than
intellect and sound reason； will doubtless accept what I have said without
question。
（38） We have now explained that wherein the Divine law chiefly
consists； and what are human laws； namely； all those which have a
different aim unless they have been ratified by revelation； for in this
57
… Page 58…
A Theologico…Political Treatise
respect also things are referred to God （as we have shown above） and in
this sense the law of Moses； although it was not universal； but entirely
adapted to the disposition and particular preservation of a single people；
may yet be called a law of God or Divine law； inasmuch as we believe that
it was ratified by prophetic insight。 （39） If we consider the nature of
natural Divine law as we have just explained it； we shall see：
（40） I。… That it is universal or common to all men； for we have deduced
it from un
