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132楼
发表于 2011-7-24 22:30
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§137. Absolute arbitrary power, or governing without settled standing laws, can neither of them consist with the ends of society and government, which men would not quit the freedom of the state of nature for, and tie themselves up under, were it not to preserve their lives, liberties and fortunes, and by stated rules of right and property to secure their peace and quiet. It cannot be supposed that they should intend, had they a power so to do, to give to any one, or more, an absolute arbitrary power over their persons and estates, and put a force into the magistrate's hand to execute his unlimited will arbitrarily upon them. This were to put themselves into a worse condition than the state of nature, wherein they had a liberty to defend their right against the injuries of others, and were upon equal terms of force to maintain it, whether invaded by a single man, or many in combination. Whereas by supposing they have given up themselves to the absolute arbitrary power and will of a legislator, they have disarmed themselves, and armed him, to make a prey of them when he pleases; he being in a much worse condition, who is exposed to the arbitrary power of one man, who has the command of 100,000, than he that is exposed to the arbitrary power of 100,000 single men; no body being secure, that his will, who has such a command, is better than that of other men, though his force be 100,000 times stronger. And therefore, whatever form the common-wealth is under, the ruling power ought to govern by declared and received laws, and not by extemporary dictates and undetermined resolutions: for then mankind will be in a far worse condition than in the state of nature, if they shall have armed one, or a few men with the joint power of a multitude, to force them to obey at pleasure the exorbitant and unlimited decrees of their sudden thoughts, or unrestrained, and till that moment unknown wills, without having any measures set down which may guide and justify their actions: for all the power the government has, being only for the good of the society, as it ought not to be arbitrary and at pleasure, so it ought to be exercised by established and promulgated laws; that both the people may know their duty, and be safe and secure within the limits of the law; and the rulers too kept within their bounds, and not be tempted, by the power they have in their hands, to employ it to such purposes, and by such measures, as they would not have known, and own not willingly.
§137. 绝对肆意的权力,或没有确定不变的法律的统治,都是与社会和政府的目的不一致的,社会和政府的目的若不是为了保护他们的生命,自由和财产,并通过确定的权利及财产规则来保障他们的和平和安宁,人们就不会放弃他们的自然状态的自由然后将自己置于社会之中和政府之下。不能设想,如果人们有权力这样做的话,他们会打算交给任何一个或多个机构一种对他们自己的人身和财产拥有绝对肆意的权力,并授与管理者一种强制力以对他们执行他肆意的无限制的意志。这将置他们自己于一种比自然状态更糟的境况之中,自然状态之中的人尚有捍卫他们权利的自由,以免于他人的伤害,并以平等的力量条件去维护这种自由,不论被一个人还是一群人侵犯。然而一旦假定为他们已经将自己交给了这样一个立法者的绝对肆意的权力和意志,就意味着他们就自己解除了自己的武装,并武装立法者,只要他高兴就可以猎食他们;一个人置身于能指挥100,000个人的一个肆意权力之下,其境况远比他置身于100,000个单独的肆意权力之下更糟;谁也不能保证那拥有指挥权的意志会比其它的意志更好,虽然他的力量强大了100,000倍。所以,无论国家处于什么形式之下,统治的权力都应当由公布并被承认的法律而不是由心血来潮的指令和不确定的决议来统治:因为人类一旦将众人的联合权力武装一个或少数人,来强制人们服从他们突发奇想的过度和无限制的法令,或者服从于没有确定的措施来引导和规正他们行为的不可预知的无约束的意志,他们将跌入远比自然状态更糟的境况之中:因为政府所拥有的所有权力,既然仅仅为了社会的利益,就不应当是肆意和一时兴起的,它应当依建立和公布的法律来行使;不仅公民可以知道他们的责任,知道在法律的约束之中能够得到安全和保障;而且统治者也可以被限制在他们的界限之内,而不会被他们手中的权力所诱惑,从而使用这种权力去为人们并不知道和并不情愿的目的服务,并作为这样的手段。 |
1,I.stability of possession;II.transference by consent;III.performance of promises.
2,中国的教育体系是制造SB的流水线。
3,一个充满着下贱历史的国家如何走向正常? |
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