theologico-political treatise p4(神学与政治专题研究4)-第3节
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（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 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
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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； e
