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a theologico-political treatise [part i]-第19章

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advantages (for by such alone can one nation be distinguished from



another); whereas in regard to intellect and true virtue; every nation is on



a par with the rest; and God has not in these respects chosen one people



rather than another。























CHAPTER IV。 … OF THE DIVINE LAW。







(1) The word law; taken in the abstract; means that by which an individual;



or all things; or as many things as belong to a particular species; act in



one and the same fixed and definite manner; which manner depends either on



natural necessity or on human decree。 (2) A law which depends 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。







(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) 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
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