The Social Contract - 14zy
---Chapter xi : The Various Systems of Legislation---
IF we seek to define precisely the greatest good of all, the
necessary goal of every system of legislation, we shall find that
the main objectives are limited to two only: liberty and equality;
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As regards personal power, it should not be so great as to make
violence possible,and should be exercised only in accordance
with根据 social position and the law;
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and as regards wealth, that no citizen should be
rich enough to be able to buy another, and none so poor that
he has to sell himself:and this depends on those of high
position exercising restraint concerning property and influence,
and ★on the common people restraining their greed and envy.
Equality, it is said, is a theorists' vision, which cannot
exist in practice.
But if an abuse is inevitable, does it follow that it
should not at least be controlled?(是否应至少加以避免呢)
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It is precisely because the force of things always
tends to destroy equality that the force
of law should tend always to conserve it.
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But these general aims for any good scheme of legislation
must be modified in every country by the relationships that
arise both from its geographical situation and from the
character of the inhabitants,
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and it is on the basis of these relationships that a particular
system of laws must be devised发明/设计 for each
people, a system which may not, perhaps, be the best in itself,
but will be the best for the state for which it is intended.
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For example, suppose that the soil is hard to work and
barren贫瘠的, or the country too cramped for its
inhabitants—encourage crafts and industry, the products
of which can be exchanged for the commodities that you lack.
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If on the contrary you live in rich
plains and on fertile slopes, you lack people, devote
yourself wholly to agriculture, which causes the
population to multiply, and expel排除 crafts and industry,
since all they would do is to depopulate the country entirely.
In a word, besides the principles that apply to every
nation, there is in each people some cause why they should be
applied in a particular manner, making its legislation
suitable for it alone.
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Thus the Hebrews in ancient times, and the Arabs
recently, have made religion their primary concern; the
Athenians, culture; Carthage and Tyre, trade; Rhodes, its navy;
Sparta, war; and Rome virtue.
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The constitution of a state is made truly solid and lasting if
the fitness of things is so carefully observed that natural
relationships and the laws meet at the same points, the latter
doing no more, as it were, than confirm, accompany and
rectify改正 the former.
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But if the legislator mistakes his purpose and
follows some principle other than the one arising from the
natural situation; if the former should tend towards servitude
and the latter to freedom;
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one to wealth, the other to populousness; one to peace,
the other to conquest: then we shall see the laws
growing gradually weaker, the constitution will deteriorate恶化,
and the state will suffer constant disturbances纷乱,
until it has been either destroyed or reformed, and nature,
which is invincible不可征服的, has reasserted再次声明 its power.