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a theologico-political treatise [part iv]-第2章

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men must necessarily come to an agreement to live together as securely and



well as possible if they are to enjoy as a whole the rights which naturally



belong to them as individuals; and their life should be no more conditioned



by the force and desire of individuals; but by the power and will of the



whole body。 (25) This end they will be unable to attain if desire be



their only guide (for by the laws of desire each man is drawn in a different



direction); they must; therefore; most firmly decree and establish that they



will be guided in everything by reason (which nobody will dare openly to



repudiate lest he should be taken for a madman); and will restrain any



desire which is injurious to a man's fellows; that they will do to all as



they would be done by; and that they will defend their neighbour's rights as



their own。







(16:26) How such a compact as this should be entered into; how ratified and



established; we will now inquire。







(27) Now it is a universal law of human nature that no one ever neglects



anything which he judges to be good; except with the hope of gaining a



greater good; or from the fear of a greater evil; nor does anyone endure an



evil except for the sake of avoiding a greater evil; or gaining a greater



good。 (28) That is; everyone will; of two goods; choose that which he thinks



the greatest; and; of two evils; that which he thinks the least。 (29) I say



advisedly that which he thinks the greatest or the least; for it does not



necessarily follow that he judges right。 (30) This law is so deeply



implanted in the human mind that it ought to be counted among eternal truths



and axioms。







(16:31) As a necessary consequence of the principle just enunciated; no one



can honestly promise to forego the right which he has over all things



'Endnote 26'; and in general no one will abide by his promises; unless under



the fear of a greater evil; or the hope of a greater good。 (32) An example



will make the matter clearer。 (33) Suppose that a robber forces me to



promise that I will give him my goods at his will and pleasure。 (34) It is



plain (inasmuch as my natural right is; as I have shown; co…extensive with



my power) that if I can free myself from this robber by stratagem; by



assenting to his demands; I have the natural right to do so; and to pretend



to accept his conditions。 (35) Or again; suppose I have genuinely promised



someone that for the space of twenty days I will not taste food or any



nourishment; and suppose I afterwards find that was foolish; and cannot be



kept without very great injury to myself; as I am bound by natural law and



right to choose the least of two evils; I have complete right to break my



compact; and act as if my promise had never been uttered。 (36) I say that I



should have perfect natural right to do so; whether I was actuated by true



and evident reason; or whether I was actuated by mere opinion in thinking I



had promised rashly; whether my reasons were true or false; I should be in



fear of a greater evil; which; by the ordinance of nature; I should strive



to avoid by every means in my power。







(16:37) We may; therefore; conclude that a compact is only made valid by its



utility; without which it becomes null and void。 (38) It is; therefore;



foolish to ask a man to keep his faith with us for ever; unless we also



endeavour that the violation of the compact we enter into shall involve for



the violator more harm than good。 (39) This consideration should have very



great weight in forming a state。 (40) However; if all men could be easily



led by reason alone; and could recognize what is best and most useful for a



state; there would be no one who would not forswear deceit; for everyone



would keep most religiously to their compact in their desire for the chief



good; namely; the shield and buckler of the commonwealth。 (41) However; it



is far from being the case that all men can always be easily led by reason



alone; everyone is drawn away by his pleasure; while avarice; ambition;



envy; hatred; and the like so engross the mind that; reason has no place



therein。 (42) Hence; though men make … promises with all the appearances of



good faith; and agree that they will keep to their engagement; no one can



absolutely rely on another man's promise unless there is something behind



it。 (43) Everyone has by nature a right to act deceitfully。 and to break his



compacts; unless he be restrained by the hope of some greater good; or the



fear of some greater evil。







(16:44) However; as we have shown that the natural right of the individual



is only limited by his power; it is clear that by transferring; either



willingly or under compulsion; this power into the hands of another; he in



so doing necessarily cedes also a part of his right; and further; that the



Sovereign right over all men belongs to him who has sovereign power;



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 possess

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