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The Social Contract - 15

2023-10-08 10:29 作者:__星夜  | 我要投稿

---Chapter xii : The Categories of Law---

★composite 混合成的


In addition to these three categories of law there is a fourth,

which is the most important of all; it is not graven in 

marble大理石 or bronze, but in citizens' hearts;

-

in it lies the true constitution of the state; 

-

when other laws decay or become extinct it revives or replaces 

them, it maintains in the nation the spirit of its constitution, 

and imperceptibly changes the force of authority into the 

force of habit. 

-

I refer to moral standards, to custom, and above all 

to public opinion: a part of law that is unknown to our 

political theorists.


===BOOK III===

---Chapter i : Government in General---


!!!

I SHOULD warn my readers that this chapter must be read

without haste匆忙, and that I am ignorant of the art of making

myself clear to those who do not wish to concentrate.


What, then, is government? It is an intermediate★中间的 body set 

up between subjects and sovereign to ensure their mutual 

correspondence★交流/通信, and is entrusted with the execution 

of laws and with the maintenance of liberty, both social 

and political.


The members of this body are called officers or kings that is

to say governors, and the body as a whole has the name of ruler.


Those who maintain [★that the act by which a people

submits to the authority of chiefs is not a 

contract★]are perfectly correct. 

那些认为众人向首领屈从的行为不是一种契约的人是完全正确的.


★incompatible  不相配的/合不来的


If the sovereign

insists on governing, or the officers of government insist on

making laws, or the subjects refuse to obey, control is replaced

by disorder, will and force no longer act in harmony, and the

state disintegrates破裂, falling into despotism砖制 or anarchy无秩序. 


Let us suppose that the state is composed of 

ten thousand citizens. 

-

In other words, each member of the state has 

only one ten-thousandth share of the sovereign 

authority, although he is entirely subject to it. 

-

If the population consists of a hundred thousand men, the 

position of the subject stays unaltered, each submitting 

equally to the whole authority of the laws, while the power 

of his vote is reduced to one hundred-thousandth, and his 

influence over the creation of law is ten times less.

-★★★

Whence it follows that the larger the state becomes, the 

more liberty decreases.


The smaller the relationship between the wills of individuals 

and the general will, that is, between moral standards 

and the law, the greater the force of restraint should be.

-

If, therefore, the government is to be a good one, it 

must be proportionately stronger according as the size 

of the population increases.


From another point of view, since any increase in the size of

a state gives those who are entrusted with public authority

greater temptation, and greater opportunities, to abuse their

power, it follows that the greater the strength possessed by the

government for the restraint of the people, the greater should

be the strength that is possessed by the sovereign in its turn, in

order to restrain the government.


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