论法的精神.docx

1、论法的精神论法的精神Column 1 Book I. Of Laws in General 一般的法 1. Of the Relation of Laws to Different Beings. 法与一切存在物的关系 Laws, in their most general signification, are the necessary relations arising from the nature 1of things. In this sense，all beings have their laws: the Deity His laws, the material world it

2、s laws, the intelligences superior to man their laws, the beasts their laws, man his laws. 从最大限度的广义上说，法是源于客观事物性质的必然关系。从这个意义上推断，所有的存在物都有属于自己的法;上帝1有他的法;物质世界也有它的法;高于人类的“先知圣人们”有着他们的法;畜类也有自己的法;人类拥有他们的法。 They who assert that a blind fatality produced the various effects we behold in this world talk very a

3、bsurdly; for can anything be more unreasonable than to pretend that a blind fatality could be productive of intelligent beings? 有些人说，世间我们看到的万物都是由一个盲目的命运所创造的，这种说法荒谬绝伦。因为盲目的命运竟然创造“具有智能的创造物”，岂不是一件更为荒谬的事吗? There is, then, a prime reason; and laws are the relations subsisting between it and different bei

4、ngs, and the relations of these to one another. 于是便有了一个最浅显的理性的存在。法就是这个浅显理性与各种存在物之间关系的总和，同时也体现着所有客观存在物彼此之间的关系。 God is related to the universe, as Creator and Preserver; the laws by which He created all things are those by which He preserves them. He acts according to these rules, because He knows the

5、m; He knows them, because He made them; and He made them, because they are in relation to His wisdom and power. 上帝与宇宙的关系体现在，它既是宇宙的创造者又是它的保管者:以此产生的规律，便是保管时参照的规律。上帝遵循这些规律行事，因为他熟知这些规范;之所以他熟知这些规范，因为正是他制定了这些规范;他之所以制定这些规范，因为这些规律与他的才智和能量有着密不可分的关系。 Since we observe that the world, though formed by the motio

6、n of matter, and void of understanding, subsists through so long a succession of ages, its motions must certainly be directed by invariable laws; and could we imagine another world, it must also have constant rules, or it would inevitably perish. 如同我们看到的一样，我们所在的世界是由物质的运动而构成的，它在一个非智能的状态中永恒地生存着。它的物质运动

7、必然具有某种固定的规律。如果人们能够在自己所处的世界之外再臆想出另一个世界的话，那个世界要么具有恒定的规律可循，要么便是毁灭。 Thus the creation, which seems an arbitrary act, supposes laws as invariable as those of the fatality of the Atheists. It would be absurd to say that the Creator might govern the world without those rules, since without them it could no

8、t subsist. 创造本身似乎是某种随意的行为，然而其中必定蕴涵着恒定的规律，就如同无神论者的命运一般。如果造世主没有这些规范就能统管世界的话，那么，这显然是荒谬的说法，因为没有这些规范，世界将无法生存。 These rules are a fixed and invariable relation. In bodies moved, the motion is received, increased, diminished, or lost, according to the relations of the quantity of matter and velocity; 1 each

9、 diversity is uniformity, each change is constancy. 这些规律建立在恒定不变的关系之中。在两个运动的物体之间，遵循其重量和速度间的关系，从而承受所有运动形式给予它们的作用力，增加、减力以及消失;每一次差别，都有其均衡性;而每一次变化，都有其永恒性。 Particular intelligent beings may have laws of their own making, but they have some likewise which they never made. Before there were intelligent bein

10、gs, they were possible; they had therefore possible relations, and consequently possible laws. Before laws were made, there were relations of possible justice. To say that there is nothing just or unjust but what is commanded or forbidden by positive laws, is the same as saying that before the descr

11、ibing of a circle all the radii were not equal. 特殊的“智能存在物”能够拥有自己制定的法律，然而也有一些并非是他们创造的，却被他们所拥有。在“智能存在物”产生之前，它们已有了存在的可能性;于是它们便有了存在的关系，所以也就有了可能存在的法律。在法律制定之前，已有了产生公共关系的可能性。如果在人为法限制或禁止的行为之外，就无公道可言的话，那么便意味着，当人们还未画出圆圈时，所有的半径也并不相等。 We must therefore acknowledge relations of justice antecedent to the positive

12、 law by which they are established: as, for instance, if human societies existed, it would be right to conform to their laws; if there were intelligent beings that had received a benefit of another being, they ought to show their gratitude; if one intelligent being had created another intelligent be

13、ing, the latter ought to continue in its original state of dependence; if one intelligent being injures another, it deserves a retaliation; and so on. 因此，我们应该承认，在人为法确定之前，已存在着公正。例如:即使在纷繁的人类社会中，遵守法律乃是天经地义;如果某些“智能存在物”从另一个“智能存在物”身上获取某种利益的话，前者就应该怀有感激之情;如果某一个“智能存在物”创造了另一个“智能存在物”，那么，被创造者则应该保持自己原有的依存关系;当一个“

14、智能存在物”损害另一个同类时，它自身也应该受到相应的损害;还能列出许多公正关系的例子。 But the intelligent world is far from being so well governed as the physical. For though the former has also its laws, which of their own nature are invariable, it does not conform to them so exactly as the physical world. This is because, on the one hand,

15、 particular intelligent beings are of a finite nature, and consequently liable to error; and on the other, their nature requires them to be free agents. Hence they do not steadily conform to their primitive laws; and even those of their own instituting they frequently infringe. 然而却不能说智能世界和物质世界被管理得一样

16、完备。因为，尽管智能世界有其自身的规律，这些规律就性质而言是不可变化的，但是智能世界却不能像物质世界那样永恒地遵守其规律，原因是某些特殊的“智能存在物”囿于其本性而导致错误;而且，从另一个方面来说，他们按自己的本性我行我素。所以，他们并不是永恒地遵守自己最初级的规律;即使那些规律是他们自己制定的，他们却总是不去遵守它们。 Whether brutes be governed by the general laws of motion, or by a particular movement, we cannot determine. Be that as it may, they have n

17、ot a more intimate relation to God than the rest of the material world; and sensation is of no other use to them than in the relation they have either to other particular beings or to themselves. 人们不知道，兽类是否受到一般规律的支配，还是受特殊动力的支配。无论如何，兽类与上帝的关系绝不比其他的物质世界的关系更亲密;兽类的感官只限于它们彼此的2 关系，与其他特殊存在物，或者是与它们自身的关系之中。 B

18、y the allurement of pleasure they preserve the individual, and by the same allurement they preserve their species. They have natural laws, because they are united by sensation; positive laws they have none, because they are not connected by knowledge. And yet they do not invariably conform to their

19、natural laws; these are better observed by vegetables, that have neither understanding nor sense. 出于欲念的诱惑，兽类保留了自己的特殊的生灵特征;而且，由于同样的原因，它们还保存了自身的种类。它们具有自然法，因为它们是由感官组合而成的;它们并没有自己制定的法律，因为它们并不是由知识组合而成的。然而，兽类并非始终不渝地遵守它们的自然法则。倒是那些看上去并非掌握知识和具备感官的植物，却较为忠实地遵守着自然法则。 Brutes are deprived of the high advantages wh

20、ich we have; but they have some which we have not. They have not our hopes, but they are without our fears; they are subject like us to death, but without knowing it; even most of them are more attentive than we to self-preservation, and do not make so bad a use of their passions. 兽类不具备我们人类所具有的最高级的智

21、能，然而我们却不具备它们拥有的某些能力。他们丝毫没有我们所拥有的种种欲望，当然，它们也没有我们所特有的种种担忧和恐惧;它们和我们一样将经受死亡，但是它们却不了解死亡;它们中的大多数甚至比我们更完好地保存自身，却并不像我们那样滥用情欲。 Man, as a physical being, is like other bodies governed by invariable laws. As an intelligent being, he incessantly transgresses the laws established by God, and changes those of his

22、 own instituting. He is left to his private direction, though a limited being, and subject, like all finite intelligences, to ignorance and error: even his imperfect knowledge he loses; and as a sensible creature, he is hurried away by a thousand impetuous passions. Such a being might every instant

23、forget his Creator; God has therefore reminded him of his duty by the laws of religion. Such a being is liable every moment to forget himself; philosophy has provided against this by the laws of morality. Formed to live in society, he might forget his fellow-creatures; legislators have therefore by

24、political and civil laws confined him to his duty. 人，从“物质存在”的意义上而言，与其他物体别无二致，人受到永恒规律的支配。当人作为“智能存在物”的时候，便时常诋毁上帝创造的规律，并且更改自己制定的法律。他本应主宰自我;然而他毕竟是有其局限性的存在物;他与所有“有限的智能生物”一样，无知与错误在所难免;他不但知之甚少，就连仅有的粗浅知识也会丧失殆尽。作为有感知的生物，他受到无数情欲的支配。这样一种存在物随时都可能忘却他们的创造者;上帝便以宗教的法规让他们回忆起这一切。这样的存在物随时也会忘却他自己;哲学家以道德规范警示他。为了在社会中生存，他

25、必定要有所作为，但是，他可能将别人置之度外;立法者们以政治和民事法律促使他们尽其义务。 2. Of the Laws of Nature. Antecedent to the above-mentioned laws are those of nature, so called, because they derive their force entirely from our frame and existence. In order to have a perfect knowledge of these laws, we must consider man before the esta

26、blishment of society: the laws received in such a state would be those of nature. 所有规律产生前，便有了自然法。人们之所以如此称谓，是因为它们渊源于我们生命的构成。为了更透彻地了解它们，就必须考察各种社会建立之前的人类。形形色色的自然法规则正是在这种状态下被人类所接受的。 3 The law which, impressing on our minds the idea of a Creator, inclines us towards Him, is the first in importance, thoug

27、h not in order, of natural laws. Man in a state of nature would have the faculty of knowing, before he had acquired any knowledge. Plain it is that his first ideas would not be of a speculative nature; he would think of the preservation of his being, before he would investigate its origin. Such a ma

28、n would feel nothing in himself at first but impotency and weakness; his fears and apprehensions would be excessive; as appears from instances (were there 2any necessity of proving it) of savages found in forests, trembling at the motion of a leaf, and flying from every shadow. 自然法引导我们归顺“造物主”，使它像印记一

29、般嵌入我们的脑海中，由于至关重要的因素，它成为自然法中的第一规则，但却并非规则顺序中的第一条。当人类处于自然状态的时候，有获得知识的权利，尽管那时的知识甚少。显然人类最初的思维毫无思辨性可言;在探求自己的生命起源之前，他想到的只是如何保存自己的生命。这样一个人最初的感觉只有懦弱;甚至懦弱至极。如果人们需要证明这一论点的话，可以看看森林中的那些野蛮人群2;任何东西都会使他们浑身战栗，四散奔逃。 In this state every man, instead of being sensible of his equality, would fancy himself inferior. Ther

30、e would therefore be no danger of their attacking one another; peace would be the first law of nature. 在这种境况之下，每个人都自感卑微，每个人几乎没有平等感。人们也没有任何相互攻击的意愿，因此，和平应该是自然法的头条规则。 The natural impulse or desire which Hobbes attributes to mankind of subduing one another is far from being well founded. The idea of emp

31、ire and dominion is so complex, and depends on so many other notions, that it could never be the first which occurred to the human understanding. 霍布斯认为人类初始的欲望是相互征服，这是不合乎道理的。权力和统治意念是一个十分复杂的组合过程，而且有赖于其他思想的辅佐，因此，绝不是人类最初的思想。 3Hobbes inquires, For what reason go men armed, and have locks and keys to fast

32、en their doors, if they be not naturally in a state of war? But is it not obvious that he attributes to mankind before the establishment of society what can happen but in consequence of this establishment, which furnishes them with motives for hostile attacks and self-defence? 霍布斯问:“如果人们不是自然而然地处于战争状态，那么，为什么他们总是带着武器?并且为什么要带着关门的钥匙呢?”然而霍氏却没有意识到，他把人类社会建立以后发生的事情强加到了人类社会建立以前的人类身上。人类社会的建立，才使人类产生了相互攻击和相互抵抗的动机。 Next to a sense of his weakness man would soon find that of his wants.