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a theologico-political treatise [part iv]-第21章

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disposition of another; for no one can willingly transfer his natural right



of free reason and judgment; or be compelled so to do。 (3) For this



reason government which attempts to control minds is accounted tyrannical;



and it is considered an abuse of sovereignty and a usurpation of the rights



of subjects; to seek to prescribe what shall be accepted as true; or



rejected as false; or what opinions should actuate men in their worship of



God。 (4) All these questions fall within a man's natural right; which he



cannot abdicate even with his own consent。







(20:5) I admit that the judgment can be biassed in many ways; and to an



almost incredible degree; so that while exempt from direct external control



it may be so dependent on another man's words; that it may fitly be said to



be ruled by him; but although this influence is carried to great lengths; it



has never gone so far as to invalidate the statement; that every man's



understanding is his own; and that brains are as diverse as palates。







(20:6) Moses; not by fraud; but by Divine virtue; gained such a hold over



the popular judgment that he was accounted superhuman; and believed to speak



and act through the inspiration of the Deity; nevertheless; even he could



not escape murmurs and evil interpretations。 (7) How much less then can



other monarchs avoid them! (8) Yet such unlimited power; if it exists at



all; must belong to a monarch; and least of all to a democracy; where the



whole or a great part of the people wield authority collectively。 (9) This



is a fact which I think everyone can explain for himself。







(20:10) However unlimited; therefore; the power of a sovereign may be;



however implicitly it is trusted as the exponent of law and religion; it can



never prevent men from forming judgments according to their intellect; or



being influenced by any given emotion。 (11) It is true that it has the right



to treat as enemies all men whose opinions do not; on all subjects; entirely



coincide with its own; but we are not discussing its strict rights; but its



proper course of action。 (12) I grant that it has the right to rule in the



most violent manner; and to put citizens to death for very trivial causes;



but no one supposes it can do this with the approval of sound judgment。 (13)



Nay; inasmuch as such things cannot be done without extreme peril to itself;



we may even deny that it has the absolute power to do them; or;



consequently; the absolute right; for the rights of the sovereign are



limited by his power。







'20:2' (14) Since; therefore; no one can abdicate his freedom of judgment



and feeling; since every man is by indefeasible natural right the master of



his own thoughts; it follows that men thinking in diverse and contradictory



fashions; cannot; without disastrous results; be compelled to speak only



according to the dictates of the supreme power。 (15) Not even the most



experienced; to say nothing of the multitude; know how to keep silence。 (16)



Men's common failing is to confide their plans to others; though there be



need for secrecy; so that a government would be most harsh which deprived



the individual of his freedom of saying and teaching what he thought; and



would be moderate if such freedom were granted。 (17) Still we cannot deny



that authority may be as much injured by words as by actions; hence;



although the freedom we are discussing cannot be entirely denied to



subjects; its unlimited concession would be most baneful; we must;



therefore; now inquire; how far such freedom can and ought to be conceded



without danger to the peace of the state; or the power of the rulers; and



this; as I said at the beginning of Chapter XVI。; is my principal object。



(18) It follows; plainly; from the explanation given above; of the



foundations of a state; that the ultimate aim of government is not to



rule; or restrain; by fear; nor to exact obedience; but contrariwise; to



free every man from fear; that he may live in all possible security; in



other words; to strengthen his natural right to exist and work … without



injury to himself or others。







(20:19) No; the object of government is not to change men from rational



beings into beasts or puppets; but to enable them to develope their minds



and bodies in security; and to employ their reason unshackled; neither



showing hatred; anger; or deceit; nor watched with the eyes of jealousy and



injustice。 (20) In fact; the true aim of government is liberty。







(20:21) Now we have seen that in forming a state the power of making laws



must either be vested in the body of the citizens; or in a portion of them;



or in one man。 (22) For; although mens free judgments are very diverse; each



one thinking that he alone knows everything; and although complete unanimity



of feeling and speech is out of the question; it is impossible to preserve



peace; unless individuals abdicate their right of acting entirely on their



own judgment。 '20:3' (23) Therefore; the individual justly cedes the right



of free action; though not of free reason and judgment; no one can act



against the authorities without danger to the state; though his feelings and



judgment may be at variance therewith; he may even speak against them;



provided that he does so from rational conviction; not from fraud; anger; or



hatred; and provided that he does not attempt to introduce any change on his



private authority。







(20:24) For instance; supposing a man shows that a law is repugnant to sound



reason; and should therefore be repealed; if he submits his opinion to the



judgment of the authorities (who; alone; have the right of making and



repealing laws); and meanwhile acts in nowise contrary to that law; he has



deserved well of the state; and has behaved as a good citizen should; but if



he accuses the authorities of injustice; and stirs up the people against



them; or if he seditiously strives to abrogate the law without their



consent; he is a mere agitator and rebel。







(20:25) Thus we see how an individual may declare and teach what he



believes; without injury to the authority of his rulers; or to the public



peace; namely; by leaving in their hands the entire power of legislation as



it affects action; and by doing nothing against their laws; though he



be compelled often to act in contradiction to what he believes; and



openly feels; to be best。







(20:26) Such a course can be taken without detriment to justice and



dutifulness; nay; it is the one which a just and dutiful man would adopt。



(27) We have shown that justice is dependent on the laws of the authorities;



so that no one who contravenes their accepted decrees can be just; while the



highest regard for duty; as we have pointed out in the preceding chapter; is



exercised in maintaining public peace and tranquillity; these could not be



preserved if every man were to l
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