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a theologico-political treatise [part iv]-第17章

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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reason; and should therefore be repealed; if he submits his opinion to the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 live as he pleased; therefore it is no less



than undutiful for a man to act contrary to his country's laws; for if the



practice became universal the ruin of states would necessarily follow。







(20:28) Hence; so long as a man acts in obedience to the laws of his rulers;



he in nowise contravenes his reason; for in obedience to reason he



transferred the right of controlling his actions from his own hands to



theirs。 (29) This doctrine we can confirm from actual custom; for in a



conference of great and small powers; schemes are seldom carried



unanimously; yet all unite in carrying out what is decided on; whether they



voted for or against。 (30) But I return to my proposition。







(20:31) From the fundamental notions of a state; we have discovered how a



man may exercise free judgment without detriment to the supreme power: from



the same premises we can no less easily determine what opinions would be



seditious。 (32) Evidently those which by their very nature nullify the



compact by which the right of free action was ceded。 (33) For instance; a



man who holds that the supreme power has no rights over him; or that



promises ought not to be kept; or that everyone should live as he pleases;



or other doctrines of this nature in direct opposition to the above…



mentioned contract; is seditious; not so much from his actual opinions



and judgment; as from the deeds which they involve; for he who maintains



such theories abrogates the contract which tacitly; or openly; he made with



his rulers。 (34) Other opinions which do not involve acts violating the



contract; such as revenge; anger; and t he like; are not seditious; unless



it be in some。 corrupt state; where superstitious and ambitious persons;



unable to endure men of learning; are so popular with the multitude



that their word is more valued than the law。







(20:35) However; I do not deny that there are some doctrines which; while



they are apparently only concerned with abstract truths and falsehoods; are



yet propounded and published with unworthy motives。 (36) This question we



have discussed in Chapter XV。; and shown that reason should nevertheless



remain unshackled。 (37) If we hold to the principle that a man's loyalty to



the state should be judged; like his loyalty to God; from his actions only …



namely; from his charity towards his neighbours; we cannot doubt that the



best government will allow freedom of philosophical speculation no less than



of religious belief。 (38) I confess that from such freedom inconveniences



may sometimes arise; but what question was ever settled so wisely that no



abuses could possibly spring therefrom? (39) He who seeks to regulate



everything by law; is more likely to arouse vices than to reform them。 (40)



It is best to grant what cannot be abolished; even though it be in itself



harmful。 (41) How many evils spring from luxury; envy; avarice; drunkenness;



and the like; yet these are tolerated … vices as they are … because they



cannot be prevented by legal enactments。 (42) How much more then should free



thought be granted; seeing that it is in itself a virtue and that it cannot



be crushed! (43) Besides; the evil results can easily be checked; as I will



show; by the secular authorities; not to mention that such freedom



is absolutely necessary for progress in science and the liberal arts: for no



man follows such pursuits to advantage unless his judgment be entirely free



and unhampered。







(20:44) But let it be granted that freedom may be crushed; and men be so



bound down; that they do not dare to utter a whisper; save at the bidding of



their rulers; nevertheless this can never be carried to the pitch of making



them think according to authority; so that the necessary consequences would



be that men would daily be thinking one thing and saying another; to the



corruption of good faith; that mainstay of government; and to the fostering



of hateful flattery and perfidy; whence spring stratagems; and the



corruption of every good art。







(20:45) It is far from possible to impose uniformity of speech; for the more



rulers strive to curtail freedom of speech; the more obstinately are



they resisted; not indeed by the avaricious; the flatterers; and other



numskulls; who think supreme salvation consists in filling their stomachs



and gloating over their money…bags; but by those whom good education; sound



morality; and virtue have rendered more free。 (46) Men; as generally



constituted; are most prone to resent the branding as criminal of opinions



which they believe to be true; and the proscription as wicked of that which



inspires them with piety towards God and man; hence they are ready to



forswear the laws and conspire against the authorities; thinking it not



shameful but honourable to stir up seditions and perpetuate any sort of



crime with this end in view。 (47) Such being the constitution of human



nature; we see that laws directed against opinions affect the generous



minded rather than the wicked; and are adapted less for coercing criminals



than for irritating the upright; so that they cannot be maintained without



great peril to the state。







(20:48) Moreover; such laws are almost always useless; for those who hold



that the opinions proscribed are sound; cannot possibly obey the law;



whereas those who already reject them as false; accept the law as a kind of



privilege; and make such boast of it; that authority is powerless to repeal



it; even if such a course be subsequently desired。







(20:49) To these considerations may be added what we said in Chapter XVIII。



in treating of the history of the Hebrews。 (50) And; lastly; how many



schisms have arisen in the Church from the attempt of the authorities to



decide by law the intricacies of theological controversy! (51) If men were



not allured by the hope of getting the law and the authori
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