theologico-political treatise p4(神学与政治专题研究4)-第3章
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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
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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。
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（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
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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
