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a theologico-political treatise [part iv]-第4章

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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 power; and I recognize no difference whether such an attempt



should be followed by public loss or public gain。 (85) Whatever be his



reason for acting; the crime is treason; and he is rightly condemned: in



war; everyone would admit the justice of his sentence。 (86) If a man does



not keep to his post; but approaches the enemy without the knowledge of his



commander; whatever may be his motive; so long as he acts on his own motion;



even if he advances with the design of defeating the enemy; he is rightly



put to death; because he has violated his oath; and infringed the rights of



his commander。 (87) That all citizens are equally bound by these rights in



time of peace; is not so generally recognized; but the reasons for obedience



are in both cases identical。 (88) The state must be preserved and directed



by the sole authority of the sovereign; and such authority and right have



been accorded by universal consent to him alone: if; 
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