A POLITICAL TREATISE (TP) -
Part 1
Introductions: Durant:650,
Hampshire:179, Nadler:342,
Cambridge:762.
Posthumously Published
- 1677
Benedict de Spinoza
Part 1 - Table of Contents - Chapters
I to V
Part
2 - Table of Contents -
Chapters VI and VII
Part
3 - Table of Contents -
Chapters VIII to XI
This electronic text is used with the kind permission
of Jon Roland
of the
Constitution Society
and as electronically published in:
http://www.constitution.org/bs/poltr-00.htm
The text is the translation of the "A
Political Treatise" by A.
H. Gosset
(based on Bruder's 1843 Latin Text), as printed
by Dover Publications
(NY: 1955) in Book II.
This is, the book assures us, "an unabridged and
unaltered republication of the Bohn
Library edition originally published
by George Bell and Sons in 1883.'' As it is
more than a century old, it is
incontestably in the public domain.
Title Page - Bk
II:279.
JBY Notes:
1. For the kind permission to use the
text see above. JBY added
sentence numbers.
2. [2:4] - Chapter Number:Paragraph Number.
Sentence numbers, added by JBY, are shown
thus (zz:yy:xx).
zz
= Chapter Number.
yy
= Paragraph Number.
xx
= Sentence Number.
3. Page numbers are those
of Book
II.
4. Citation
abbreviations.
5. (Footnote or the Latin word),
{JBY Comment or endnote}.
6. Please e-mail
errors, clarification requests, disagreement, or
suggestions to josephb@yesselman.com.
7. There is much in this
work that you will not
agree with or even
think nonsense—although
keep in mind that it was
written 300
years ago. The
work is hopelessly outdated; its main value is that it
Bk.XII:310-
312.
shows Spinozistic
ideas at play in the formation of advanced modern Hobbes:
Leviathan.
governments and how
they cope with the passions
of men. Partake
of the work (and my
commentaries) as you would a
pomegranate;
relish the flesh, but
spit-out the pits. See
Introductions by Durant,
Hampshire,
and Nadler.
8. Spinoza's purpose in writing
the Treatise is to design
a govern-
ment that
will best cope
with the passions
of men; but
for these
passions there
would be no need for
political parties, only
administrative offices—running
the Post Office. See also Title
Page,
[7:2],
and Self-interest.
9. For a review of Spinoza's
"A Political Treatise" see
F. POLLOCK'S
"Life and Philosophy
of Spinoza" (1880), Book
XII, Chap X, Pg.
310.
See also Elwes's Introduction
EL:[66 &
67]:xxxii.
10. Where applicable, I think it appropriate to
substitute the term "State"
for "Clan"
or "City" so as to understand
the idea in today's terms.
Likewise, where
applicable, substitute "Country" for "Dominion" and
"Congress"
or "Parliament" for "Council." For antecedents
to the USA
Constitution see 8:29,
and 9:1ff.
Durant's Introduction to The Political
Treatise.
From Will and Ariel Durant's
"The Story of Civilization: Part VIII",
Chapter XXII - Spinoza. ISBN:
0671012150,1963,
Pages 650-653.
{I have changed Durant's spelling of
God in accordance with SpinScript, Note
4.}
page 650
VIII.
THE STATE
[1] Perhaps, when Spinoza had finished the Ethics, he felt that, like most Christian saints, he had formulated a philosophy for the use and salvation of the individual rather than for the guidance of citizens in a state. So, toward 1675, he set himself to consider man as a "political animal," and to apply reason to the problems of society. He began his fragmentary Tractatus politicus with the same resolve that he had made in analyzing the passions—to be as objective as a geometer or a physicist:
That I might investigate the subject matter of this science with the same freedom of spirit as we generally use in mathematics, I have labored carefully not to mock, lament, or execrate human actions, but to understand them; and to this end I have looked upon passions, such as love, hatred, anger, envy, ambition, pity, and the other perturbations {agitations} of the mind, not in the light of vices of human nature, but as properties just as pertinent to it as are heat, cold, storm, thunder, and the like to the nature of the atmosphere. (162)
[2]
Since human nature is the material of politics,
Spinoza felt that a study of the state should begin
by considering the basic character of man. We
might understand this better if we could imagine man before social
organization modified his conduct by force, morality, and law;
and if we would remember that underneath his general
and reluctant submission to these
socializing influences he is still agitated by the lawless impulses that
in the "state of nature"
were restrained only by fear of hostile power.
Spinoza follows Hobbes and many others in supposing
that man once existed in such a condition, and
his picture of this hypothetical savage is almost as page
651 dark as in The
Leviathan. In that Garden
of Evil the might of the individual was the only right; nothing was a crime,
because there was no law; and
nothing was just or unjust, right or wrong,
because there was no moral code. Consequently
"the law and ordinance of Nature..,
forbids nothing •.. and is not opposed to strife, hatred, anger, treachery,
or in general anything that appetite suggests."
(163)
By "natural right," then—i.e., by the operations
of "Nature" as distinct
from the rules and laws of society—every
man is entitled to whatever he is strong enough to get and to hold;
and this is still assumed between species
and between states; (164
+1) hence man
has a "natural right" to
use animals for his service or his food. (165)
[3] Spinoza
moderates this savage picture by suggesting that man,
even in his first appearance on the earth, may have
been already living in social groups. "Since
fear of solitude exists in all men—because no one in solitude is strong
enough to defend himself and procure the necessaries
of life—it follows that men by nature tend towards social organization."
(166)
Men, then, have social as well as individualistic instincts,
and society and the state have some roots in the nature
of man. However and whenever
it came about, men and families united in groups, and the "natural
fight" or might of the individual
was now limited by the right or might of the community.
Doubtless men accepted these restrictions reluctantly,
but they accepted them when they, learned
that social organization was their most powerful tool for individual survival
and development. So the definition
of virtue as any quality that makes for
survival—as "the endeavor to preserve oneself' (167+P22)
—has to be enlarged
to include any quality that makes for the survival
of the group. Social organization,
the state despite its restraints, civilization despite its artifices—these
are the greatest inventions that
man has made for his preservation and development.
[4] Therefore Spinoza
anticipates Voltaire's answer to Rousseau:
Let satirists laugh to their hearts' content at human affairs, let theologians revile them, let the melancholy praise as much as they can the rude and barbarous isolated life, let them despise men and admire the brutes; despite all this, men will find that they can prepare with mutual aid far more easily what they need .... A man who is guided by reason is freer in a state where he lives according to common law than in solitude where he is subject to no law. (168)
[5] And Spinoza rejects also the other end of the law-less dream—the utopia of the philosophical anarchist:
Reason, can, indeed, do much to restrain and moderate the passions, but we saw.., that the road which reason herself points out is very steep; so that such as persuade themselves that the multitude.., can page 652 ever be induced to live according to the bare dictates of reason must be dreaming of the poetic golden age, or of some stage play" (169)
[6] The purpose and function of the state should be to enable its members to live the life of reason.
The last end of the state is not to dominate men, nor to restrain them by fear; rather it is to set free each man from fear, that he may live and act with full security and without injury to himself or his neighbor. The end of the state.., is not to make rational beings into brute beasts and machines [as in war]; it is to enable their bodies and their minds to function safely. It is to lead men to live by, and to exercise, a true reason .... The end of the state is really liberty? (170)
[7]
Consequently Spinoza renews his plea for freedom of speech,
or at least of thought. But yielding, like Hobbes,
to fear of theological fanaticism and strife, he
proposes not merely to subject the church to state
control, but to have the state
determine what religious doctrines shall be taught to the people.
Quandoque dormitat Homerus.
[8] He proceeds to discuss the traditional
forms of government. As became
a Dutch patriot resenting the invasion of Holland by Louis XIV,
he had no admiration for monarchy, and he sharply
counters Hobbes's absolutism:
Experience is supposed to teach that it makes for peace and concord when all authority is conferred upon one man. For no political order has stood so long without notable change as that of the Turks, while none have been so short-lived, nay, so vexed by seditions, as popular or democratic states. But if slavery, barbarism, and desolation are to be called peace, then peace is the worst misfortune that can befall a state .... Slavery, not peace, comes from the giving of all power to one man. For peace consists not in the absence of war, but in a union and harmony of men's souls. (171)
[9]
Aristocracy, as "government by the best,"
would be fine if the best were
not subject to class spirit, violent faction, and individual or family
greed. "If patricians..,
were free from all passion, and guided by mere zeal for the public welfare...,
no dominion could be compared with aristocracy.
But experience itself teaches us only too well that
things pass in quite a contrary manner." (172)
[10] And so Spinoza, in his dying days,
began to outline his hopes for democracy. He
who had loved the mob-murdered de Witt had no delusions about the multitude.
"Those who have had experience of how changeful
the temper of the people is, are almost in despair.
For the populace is governed not by reason but by
emotion; it is headlong in everything,
and easily corrupted page 653
by avarice and luxury" (173)
Yet "I believe democracy to be of all forms of
government the most natural, and the most consonant with individual liberty.
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." (174)
Spinoza proposed to admit to the suffrage all males
except minors, criminals, and slaves. He
excluded women because he judged them by their nature and their burdens
to be less fit than men for deliberation and government. (175)
He thought that ruling officials would be encouraged
to good behavior and peaceful policies if "the
militia should be composed of the citizens only, and none of them be exempted;
for an armed man is more independent than a man unarmed.
(176)
The care of the poor,
he felt, was an obligation incumbent
on the society as a whole. (177)
And there should be but a single tax:
The fields, and the whole soil, and, if it can be managed, the houses, should be public property, that is, the property of him who holds the right of the commonwealth; and let him lease them at a yearly rent to the citizens .... With this exception, let them all be free and exempt from every kind of taxation in time of peace. (178)
[11] Then, just as
he was entering upon the most precious part of his treatise, death
took the pen from his hand.
Endnote TP1 - From Book
32; Hampshire:179-189—Politics
and Religion:
Introduction to The Political Treatise:
[1] In histories of political
theory, particularly in English histories, he
is often overshadowed
by Hobbes, and sometimes appears
only as the pupil of Hobbes. The
extent of Hobbes' direct influence on him is a matter of inconclusive and
largely unprofitable dispute; it
was not the practice in the seventeenth century, as it is to-day,
always to quote sources and influences (other than
sacred or classical authorities), or to provide bibliographies;
Hobbes is mentioned by
name in the Letters, and his works were in Spinoza's library.
It can be taken for certain that Spinoza read Hobbes
carefully. It is equally certain
that, however similar their conclusions in political theory,
these conclusions were independently deduced from
very different premises. They
both argued that all men necessarily seek their own preservation
{self-interest}
and the indefinite extension of their power and liberty,
and they both insisted that this proposition must
be the starting-point of political theory; they
both regarded peace and security as the end which all
men pursue in political associations; peace
and security can be maintained, and a war of all against all avoided,
only by the vesting of superior power and superior
means of coercion in some particular person or group of persons.
Power, and not some
moral notion {Golden
Rule},
must be the fundamental concept in the study of societies and of the causes
of their decline; all political
policies must be judged by their effects on the distribution of power within
the state, and by the effect
of any particular page
180 distribution
of power in avoiding anarchy, which
is always for all men the greatest of evils. In
recommending this amoral or naturalistic {Ayn
Rand}
approach to all political problems as the only possible approach,
Hobbes and Spinoza are so far in complete agreement;
to both of them appeals to ultimate moral notions
{Ridley's
Altruism}
or to supernatural sanctions seemed a superstitious
or dishonest playing with words. It
is strictly meaningless to suppose
that men have moral rights or duties, when
men are conceived as natural objects {having
no free-will}
and without relation to the particular societies of
which they are members; conceived
as natural objects, each necessarily
pursuing what seems to him the means of his preservation and liberty,
they can only be said to have the right to do whatever
they have the power to do. If
we refuse to acknowledge their right to do something which they are able
to do, the refusal is to be justified
only by reference to the conventions {constitution}
of their particular state or society;
and their submission to these conventions in its turn
will be justified by their overriding interest in
the maintenance of society and in the avoidance of anarchy.
To justify any moral or political decision to anyone
must always be to show that the
decision makes for his safety and happiness, either
immediately or in the long run; no other kind of argument could be relevant.
[2] So far Hobbes
and Spinoza are in agreement; they
were neither the first nor the last to argue that moral precepts and supernatural
sanctions can and should be excluded
from political arguments, and
that all men in the last resort pursue what they conceive to be their
interest, however page
181 deviously and
ignorantly; this is one of the
permanent or recurrent patterns of political theory;
it is a point of view represented by sophists {reasoning
adroitly and deceptively attractively rather than soundly}
and sceptics in Plato's dialogues and more than ever
commonplace in the twentieth century. What
is more distinctive of Hobbes and Spinoza is the argument that political
consent and obedience can be justified as rational
self-interest if, and only if,
obedience {to
a constitution}
can be shown to be the acceptance of the lesser of two evils,
anarchy and
insecurity being always the greater evil. All
rational political argument must involve the calculation of the lesser
of two or more evils from among the practical possibilities;
the fundamental mistake of theorists and ideologues
is to look for absolute justifications
and immutable principles; the
defence of abstract principles, whether
religious or purely
moral, leads to irresoluble conflicts, but rationally self-seeking
men can achieve peace
by realistic compromises based on a clear estimate of the strength of their
rivals; and peace is the supreme
end of political associations. But
at this point the agreement between Hobbes and Spinoza ceases;
for the reasons, expressed and unexpressed,
which led them to make a condition of peace the supreme
criterion in all political decisions, were largely
different {a
remarkable twist},
following the differences in their logic and general
philosophy; and the meaning which
they attached to 'freedom', and the
emphasis they placed upon it, was very different.
According to Hobbes a man is free in so far as he
can in fact satisfy his desires,
whatever these desires may be;
to be free is to do what one wants, desires and impulses
being mechanically {deterministically,
no free-will}
page182
or physiologically {pineal
gland}
determined; the
negation of freedom is frustration, whether
the frustration is the result of natural causes or is caused by other men
{both
are natural causes}.
Intelligence in practical matters is simply the calculation
of the most efficient means to
the satisfaction of natural needs; reason must always be the slave of the
passions,
which are the
effects of physical causes. Both as metaphysician
and political theorist, Hobbes
was a pessimist, and his philosophy provides no visions of salvation
or of the good life; the most
that can be achieved by prudence and clear thinking
is some temporary shelter from pain and fear;
and peace and security is no more than the negative
condition of not being persecuted or destroyed. Hobbes
generally appears as the pessimistic philosopher of realistic conservatism,
the defender of the established order, whatever it
may be, against the restless
claims of individual ambition and conscience; he upholds order and central
organization, so that competition
shall not lead to war and death.
[3] The practical
tendency of Spinoza's naturalistic approach to politics
is so different as to be almost diametrically opposed
to Hobbes'. They can be grouped
together only so long as one chooses to separate their political from their
general philosophy. For Spinoza
the exercise of reason is not merely the means to self-preservation and
the satisfaction of desire, but
constitutes in itself the supreme end to which everything else must be
a means; and reason is not, as
in Hobbes, the empirical calculation of probabilities,
but the reconstruction by logical reasoning of the
necessary order of the universe {to
know G-D}.
The criterion by which page
183 a political organization
is to be judged is whether it
impedes or makes possible the free man's
rational love
and understanding of Nature.
This is a much wider criterion than Hobbes', involving
a less negative conception of security and freedom,
and it associated Spinoza with the
enemies of authoritarianism. As
the necessary consequence of his general philosophy, he was an early advocate
of the great liberal conception of toleration and
freedom of thought. In interpreting Spinoza's political theory,
as in interpreting his moral
theory, one must both maintain the balance and
show the connexion between his harshly scientific and amoral starting-point
and his idealistic vision of a free society;
there is always a tendency for the determinist to
obscure the idealist, or for the idealist to obscure the determinist.
[4] All men are striving
to increase their own pleasure and vitality, but
they must recognize that mutual aid is necessary for their survival;
nothing is so useful to a man as
other men. They therefore find themselves entering
into the written and unwritten compacts which are
the cement of society. Any law
or social convention {Constitution}
can, in the nature of things, be observed and obeyed only as long as it
seems expedient to the people concerned to obey it;
its claim to my allegiance disappears as soon as it
ceases to contribute, directly
or indirectly, to my safety and happiness. A
society remains safe as long as the persons having an interest in supporting
its laws or conventions are, or seem to be, more
powerful than those having an interest in overthrowing page
184 them.
The mere existence of a social convention or law cannot
either add to or subtract from my natural right, founded
on the most elementary necessity of nature, to consult only my own safety
and happiness. Spinoza at this
point goes even further than Hobbes in refusing to attach any meaning to
the words 'right' and 'duty' in
their purely moral sense;
he is more consistent in regarding the laws and conventions
of a society or state as deriving their authority
and claim to obedience solely
from their usefulness in serving the
essential interests of the individuals
concerned; as soon as a particular
law or convention ceases to safeguard, or begins to threaten,
the safety or happiness of a particular individual,
that individual is thereby released from any obligation to conform to it;
the mere fact that he had previously undertaken to
conform to it does not constitute
a binding obligation which overrides his personal needs and interests;
for nothing can ever, either in principle or in practice,
override these needs and interests.
[5] Spinoza's analysis
of political consent is easily misunderstood because
he persists in using words like 'right' and 'obligation' in a purely non-moral,
and therefore unfamiliar, sense;
it is paradoxical to say that everyone has a right
to disregard a contract solemnly made as soon as it
becomes disadvantageous; according
to some well-established uses of 'right', this statement is a contradiction
in terms. It must be remembered
that no moral terms, in the ordinary sense of 'moral', have any place in
Spinoza's terminology, since
such moral terms in their ordinary connotation are
applicable only to human beings, conceived page
185 as free agents
and not as causally determined natural
objects. His
analysis is less misleadingly expressed when the word 'right', with its
obstinately moral associations, is
omitted altogether, and 'power' is substituted; for, although he explicitly
defines 'right' in terms of 'power', it
is very easy to overlook this re-definition, simply because it is contrary
to ordinary usage; as soon as
'right' is replaced by 'power', the argument becomes a clear positivistic
{a philosophical
system concerned with positive facts and phenomena, and excluding speculation
upon ultimate causes or origins}
analysis of the reasons for obedience to authority.
[6] Contracts,
treaties, promises, and oaths of allegiance are
in themselves no more than words; but, in any state or organized society,
there will necessarily be individuals who possess
certain powers of coercion and enforcement; unless
someone actually possesses the means of coercion and can in fact make his
will effective against all opposition, there
must be a state of anarchy and no stable society exists.
The actual testable power of this sovereign person,
or group of persons, is the sole and sufficient justification of his or
their authority and of their
claim to obedience. As soon as
it is shown in experience that the sovereign authority has in fact lost
its power to subdue opposition and to make its will effective,
it thereby forfeits its authority as sovereign; all
appeals to constitutions or to
contracts are irrelevant; the
legitimacy of an authority cannot be separated from its effectiveness in
action. The sovereign serves
my interests as a member of society
simply because he is sovereign in fact and action, and only as long as
he remains so; he serves my interest,
because the fact of his overwhelming power
page 186
prevents anarchy and insecurity. In
the natural state of anarchy and outside an organized society,
my power and freedom are limited by my fear of attack
by others, and by my natural inability to supply all my own needs and wants;
I in effect choose the lesser evil, a smaller loss
of power and freedom, when within
a civil society I submit to the restraints imposed by the sovereign authority.
Within an organized society I am protected against
violence and, by mutual aid and the proper division of labour,
my natural needs and wants are supplied. Only under
extreme provocation can it be
reasonable to revolt against the civil authority in defence of my personal
interests or loyalties; for the
loss of the peace and security of civil society nearly always involves
a greater loss of my power and freedom than is involved
in any possible alter- native, however disagreeable.
There may be extreme cases in which the sovereign
power tries to coerce me into doing 'things abhorrent
to human nature' and in which it directly threatens
my life; under such conditions
revolt may be the lesser evil. But the ordinary limitations on my power
and freedom, which the law with
its threats and penalties imposes, are accepted by the reasonable man,
as long as the authority imposing the laws proves
itself effective in eliminating armed opposition and in keeping the peace.
The person or persons who possess sovereign power
will naturally seek to extend their power and liberty
of action as far as they can without provoking a revolt powerful enough
to dislodge them; if they are
reasonable men, they will calculate at what point
they must restrain the exercise page
187 of their power in order not to provoke
an effective body of their subjects into revolt; this
is the proper art of government. When the sovereign authority becomes so
oppressive as to create sufficiently
numerous and powerful enemies, it
will in fact have ceased to be the sovereign authority; a landslide of
disobedience will begin, as the
members of the society observe that effective power is beginning to pass
into other hands.
[7] The argument
by which Spinoza justifies obedience to
civil or state authority as reasonable is essentially the same argument
as that by which in this century {millennium}
obedience to international authority is generally
commended; it is the familiar
argument of 'collective security',
which is an appeal to enlightened
self-interest. The only method
of avoiding war, whether between individuals or nations,
is to gather a group of individuals or of nations,
which will in fact possess sufficient force to deter any potential aggressor.
The internationalists who used this argument assumed
that all nations in fact pursue
the indefinite extension of their own power and freedom of action; their
starting point was the same as Spinoza's. It
is in the interest of any nation to accept the decisions of the international
authority, even if this involves
some sacrifice of national sovereignty and independence,
in order to avoid the greater loss of power and freedom
which is involved in war and in the fear of way. Therefore
the first aim of a rational foreign policy must
be to ally oneself with that group of nations which is powerful enough,
if acting together, to constitute
an international authority; and generally one must page
188 uphold its decisions, even when,
considered individually and on their merits, its decisions
are repugnant; for anything is better than a relapse into war and the fear
of war. It is irrational to resist
the edicts of the international authority, even
when they involve some limitation of purely national sovereignty,
except in the extreme case of these edicts threatening
the very survival of the nation.
[8] This
familiar and respectable argument is pure Spinozism,
applied to international
society instead of to civil society. The
old contrast between the state of nature and civil society seems remote
and artificial to modern readers, because
the central power of the nation-state is now generally taken for granted
as necessary and unavoidable. The
problem of sovereignty, and of the justification of surrendering power
to a central authority, comes
alive again as soon as it is transposed into terms of international politics;
the same egotistic or amoral calculations of profit
and loss in the surrender of freedom are invoked,
as were formerly invoked in the justification of the
authority of the nation-state. The
strength of this form of political argument is that it does not rest on
changing and disputable moral notions, and
can therefore be used persuasively in all circumstances and at all times.
[9] It was
Spinoza's purpose to persuade people to
think realistically and rationally
about political problems, and to discard moral
and religious prejudices.
He was not analysing how the ordinary man does in
fact make political decisions, but
recommending a scientific method,
which in fact only the relatively rational man actually uses.
It is page
189 irrelevant to object, as so many commentators
have objected, that his political
philosophy is not in accordance with ordinary language or with our established
ways of thinking about politics; so
far from being an objection, this would seem to Spinoza a confirmation.
Most men are necessarily governed by passive
emotion; they have no clear
and objective understanding of the laws which govern the behaviour
of human beings in society; if
they in fact had such an understanding, positive coercion and the concentration
of power in the hands of the
government (imperium) would be unnecessary
{only
running the Post Office},
because it is only their passive emotions which lead
men into conflict with each other.
Endnote TP1 - From Nadler's
Book XX:342—
Introduction to The Political Treatise:
[1] The
Political Treatise is, in some respects, a sequel to the Theological-
Political Treatise. If the
1670 treatise establishes the basic foundations and
most general principles of civil society, regardless of the form which
sovereignty takes in the state (whether
it be a monarchy; an aristocracy,
or a democracy), the
new work concerns more particularly how states of different constitutions
can be made to function well. Spinoza
also intended—an
intention that remained unfulfilled—to
show that, of all constitutions, the democratic one is to be preferred.
No less than the Theological-Political Treatise,
the composition of the Political Treatise is intimately
related to the contemporary political scene in the Dutch Republic.
Spinoza treats a number of universal political-philosophical
themes with an immediate historical relevance, even urgency.
[2] The Political
Treatise is a very concrete work. Spinoza
begins, in fact, by dismissing utopian schemes and idealistic
hopes for a society of individuals leading
the life of reason. "Those who persuade themselves that the multitude
or people distracted by politics
can ever be induced to live according to the bare dictate
of reason must be dreaming of
the golden age of the Poets, or some fable". (53)
Any useful political science must start, instead,
from a realistic assessment of human
nature and its passions
considered as natural, necessary
phenomena—in other
words, from the egoistic {self-interest}
psychology of the Ethics.
Only then can one deduce political principles that,
in accordance with experience, will best serve as
the foundation of a polity.
Nadler then quotes TP:1:4:1-2, same as Durant above.
From "Cambridge Dictionary
of Philosophy"; Cambridge University Press;
ISBN: 052148328X; Page
762—Politics and philosophical
theology.
Spinoza's political theory, like that of Hobbes, treats rights and power as equivalent. Citizens give up rights to the state for the sake of the protection state can provide. Hobbes, however, regards this social contract as nearly absolute, one in which citizens give up all of their rights except to resist death. Spinoza, in contrast, emphasizes that citizens cannot give up the right to pursue their own advantage as they see it, in its full generality; and hence that the power, and right, of any actual state is always limited by the state's practical ability to enforce its dictates so as to alter the citizens' continuing perception of their own advantage. Furthermore, he has a more extensive conception of the nature of an individual's own advantage than Hobbes, since for him one's own true advantage lies not merely in fending off death and pursuing pleasure, but in achieving the adequate knowledge that brings blessedness and allows one to participate in that which is eternal. In consequence Spinoza, unlike Hobbes, recommends a limited, constitutional state that encourages freedom of expression and religious toleration. Such a state — itself a kind of individual — best preserves its own being, and provides both the most stable and the most beneficial form of government for its citizens.
PAGE 281
FROM THE EDITOR'S PREFACE TO THE
POSTHUMOUS WORKS OF BENEDICT DE SPINOZA.
OUR author composed the Political
Treatise shortly before his death
[in 1677]. Its reasonings are exact, its
style clear. Abandoning the
opinions of many political writers,
he most firmly propounds therein his
own judgment; and throughout draws his conclusions
from his premisses.
In the first five chapters, he treats of political
science in general — in the
sixth and seventh, of monarchy;
in the eighth, ninth, and tenth, of aris-
tocracy; lastly, the eleventh begins the subject of
democratic government.
But his untimely death
was the reason that he did not finish this treatise,
and that he did not deal
with the subject of laws, nor with the various
questions about politics, as may be seen from the
following "Letter of the
Author to a Friend, which
may properly be prefixed to this Political
Treatise, and serve it for a Preface:" —
Letter (84):357; Bk.XIB:15130;
Bk.XII:311.
"Dear Friend, — Your welcome letter was delivered
to me
yesterday. I heartily thank you for the kind
interest you
take in me. I would not miss
this opportunity, were I not
engaged in something, which I
think more useful, and
which, I believe, will please you more — that
is, in prepar-
ing a Political Treatise, which
I began some time since,
upon your advice. Of
this treatise, six chapters are
already finished. The first
contains a kind of introduction
to the actual work; the second
treats of natural right; the
third, of the right
of supreme authorities. In the fourth,
I inquire, what political matters are subject to the
direction
of supreme authorities; in the
fifth, what is the ultimate
and highest end which a society can contemplate; and,
in
the sixth, how a monarchy
should be ordered, so as not to
lapse into a tyranny. I am
at present writing the seventh
chapter, wherein I make a regular demonstration
of all the
heads of my preceding sixth chapter, concerning the
order-
ing of a well-regulated monarchy.
I shall afterwards pass
to the subjects of aristocratic
and popular dominion, and,
lastly, to that of laws and other particular
questions about
politics. And so, farewell." [The
Hague, 1676]
The author's aim appears clearly from this letter; but
being hindered by
illness, and snatched away by death, he was unable,
as the reader will
find for himself, to continue
this work further than to the end of the
subject of aristocracy. Bk.XIII:357399.
| Part 1 | I | II | III | IV | V |
| Part 2 | VI | VII | |||
| Part 3 | VIII | IX | X | XI |
TABLE OF CONTENTS - Part 1: BkII: PAGE
283
CHAPTER 1 — INTRODUCTION Source Text |
Para. Nos. |
BkII: Page Nos. |
| Of the theory and practice of political science. | 1:1, 2, 3 | 287 |
| Of the author's design. | 1:4 | 288 |
| Of the force of the passions in men. | 1:5 | 289 |
| That we must not
look to proofs of reason for
the causes and foundations of dominion, but deduce them from the general nature or condition of mankind. |
1:6, 7 | 289 |
CHAPTER II. — Of NATURAL RIGHT |
291 |
|
| Right, natural and civil. | 2:1 | 291 |
| Essence, ideal and real. | 2:2 | 291 |
| What natural right is. | 2:3, 4, 5 | 291 |
| The vulgar opinion about liberty. Of the first man's fall. | 2:6 | 292 |
| Of liberty and necessity. | 2:7, 8 2:9, 10 |
294 |
| He is free, who is led by reason. | 2:11 | 295 |
| Of giving and breaking one's word by natural right. | 2:12 | 296 |
| Of alliances formed between men. | 2:13 | 296 |
| Men naturally enemies. | 2:14 | 296 |
| The more there are that come together,
the more right all collectively have. |
2:15 | 296 |
| Every one has so much the less right, the more the rest collectively exceed him in power. |
2:16 | 297 |
| Of dominion and its three kinds. | 2:17 | 297 |
| That in the state of nature one can do no wrong. | 2:18 | 297 |
| What wrong-doing and obedience are. | 2:19, 20 2:21 |
298 |
| The free man. | 2:22 | 299 |
| The just and unjust man. | 2:23 | 299 |
| Praise and blame. |
2:24 | 300 |
CHAPTER III.— OF THE RIGHT OF SUPREME AUTHORITIES. |
301 |
|
| A commonwealth, affairs of state, citizens, subjects. | 3:1 | 301 |
| Right of a dominion same as natural right. | 3:2 | 301 |
| By the ordinance
of the commonwealth a citizen may not live after his own mind. |
3:3, 4 | 301 |
| Every citizen is dependent not on himself, but on the commonwealth. |
3:5, 6, 7 3:8, 9 |
302 |
| A question about religion. | 3:10 | 305 |
| Of the right of supreme authorities against the world at large. | 3:11,12 | 306 |
| Two commonwealths naturally hostile. | 3:13 | 306 |
| Of the state of treaty, war, and peace. |
3:14, 15 3:16, 17 3:18 |
307 |
CHAPTER IV.— OF THE FUNCTIONS OF SUPREME AUTHORITIES. |
309 |
|
| What matters are affairs of state. | 4:1, 2, 3 | 309 |
| In what sense it can, in what it cannot be said, that
a commonwealth does wrong. |
4:4, 5, 6 | 310 |
CHAPTER V.— OF THE BEST STATE OF A DOMINION. |
313 |
|
| That is best which is ordered according to the dictate of reason. |
5:1 | 313 |
| The end of the civil state. The best dominion. | 5:2, 3, 4 5:5, 6 |
313 |
| Machiavelli and his design. |
5:7 | 315 |
A
Political Treatise - Part
1 , Part 2 , Part
3
CHAPTER
1 - INTRODUCTION.
Bk.XIA:3557.
[I:1] (1:1:1)
PHILOSOPHERS conceive of the passions
which harass us as
vices into which men fall by their
own fault, and, therefore, generally
deride, bewail, or blame
them, or execrate them, if they wish to seem
unusually pious. (1:1:2) And
so they think they are doing something wonder-
ful, and reaching the pinnacle of learning, when they are clever
enough
to bestow manifold praise on such human
nature, as is nowhere to be
found, and to make verbal attacks on that which, in fact, exists.
(1:1:3) For
they conceive of men, not as they are,
but as they themselves would
Bk.XI:1441.
like them to be. (1:1:4) Whence
it has come to pass that, instead of ethics,
they have generally written satire, and that they have never
conceived
Bk.XIA:3451.
a theory
of politics, which could be turned to use, but such as might
be
Bk.XIB:15231.
taken for a chimera,
or might have been formed in Utopia, or in that
Bk.XX:34253.
golden age of the poets
when, to be sure, there was least need of it.
(1:1:5) Accordingly, as
in all sciences, which have a useful application, so
especially in that of politics, theory is supposed
to be at variance with
practice; and no men are esteemed less fit
to direct public affairs than
Bk.XIA:3557.
theorists or philosophers.
Bk.XIA:105113.
[1:2] (1:2:1) But
statesmen, on the other hand, are suspected
of plotting
against mankind, rather than consulting their page
288 interests, and are
Bk.XIA:3658.
esteemed more crafty than
learned. (!:2:2) No
doubt nature has taught
them, that vices will exist, while men do. (1:2:3)
And so, while they study to
anticipate human wickedness, and that by arts, which
experience and
long practice have taught, and which men generally use under the guid-
ance more of fear
than of reason,
they are thought to be enemies of
religion, especially by
divines, who believe that supreme authorities
should handle public affairs in accordance with the same rules
of piety,
as bind a private individual. (1:2:4)
Yet there can be no doubt, that states-
men have written about politics far more
happily than philosophers.
(2:5) For, as they
had experience for their mistress, they taught nothing
that was inconsistent with practice.
[1:3] (1:3:1) And,
certainly, I
am fully persuaded that experience has revealed
Bk.XIB:188.
all conceivable sorts of commonwealth,
which are consistent with men's
living in unity, and
likewise the means by which the multitude may be
guided or kept within fixed bounds. (1:3:2)
So that I do not believe that we
can by meditation discover in this matter
anything not yet tried and
ascertained, which shall be consistent with
experience or practice.
(3:3) For men are
so situated, that they cannot live without some general
law. (1:3:4) But
general laws and public affairs are ordained and managed
by men of the utmost acuteness, or, if you like, of great cunning
or craft.
(1:3:5) And so it
is hardly credible, that we should be able to conceive of
anything serviceable to a general society, that occasion or
chance has
not offered, or that men, intent upon their common affairs,
and seeking
their own safety, have not seen for
themselves.
[1:4] (1:4:1) Therefore,
on applying my mind to politics, I have resolved to:
demonstrate by a certain and undoubted course
of argument, or to
deduce from the very condition of human nature, not what
is new and
unheard of, but only such things as agree
best with practice. (1:4:2) And
that I might investigate the
subject-matter of this science with the same Lewis
S. Feuer
Bk.XIA:3552.
freedom of spirit as
we generally use in mathematics,
I have laboured Durant:650[1[162
{
E2:XLIX(69):126;
Spinozistic meaning—D2:Bk.III:235
};
Bk.XII:323.
carefully, not
to mock, lament, or
execrate, but to understand human Mark
Twain
^
{abominate}
actions;
and to this end I have looked
upon passions, such as love, TPI:Bk.XIB:157
<
E1:Endnote 49, Bk.XV:26849
>; Bk.XIV:2:2882. {agitations}
hatred, anger,
envy,
ambition,
pity, and the other
perturbations
of the Purpose
mind,
not in the light of vices of human nature, but as properties, page
289
just as pertinent to it, as
are heat, cold, storm, thunder, and the like to Durant650[1]162
the nature of the atmosphere, which phenomena,
though inconvenient,
are yet necessary, and have fixed
causes, by means of which we
Bk.XX:34354.
endeavour to understand
their nature, and the mind has just as much
pleasure in viewing them aright, as
in knowing such things as flatter the
Bk.XIB:15842.
senses.
[1:5] (1:5:1) For
this is certain, and we have proved its truth
in our E4:IV(9)c:
194; E3:XXXI(5)n:152;
E3:XXXII(3)n:152,
that men are of necessity liable
to passions, and so
constituted as to pity
those who are ill, and envy
those who are well off; and to
be prone to vengeance more than to
mercy: and moreover, that
every individual wishes the rest to live after
his own mind, and to approve what he
approves, and reject what he
rejects. (1:5:2) And
so it comes to pass, that, as all are equally eager to be
first, they fall to strife, and do
their utmost mutually to oppress one
Bk.XI:1543.
another; and he who comes out conqueror is more proud of the harm he
has done to the other, than of the good
he has done to himself. (1:5:3) And
although all are persuaded, that religion,
on the contrary, teaches every
man to love his neighbour
as himself, that is
to defend another's right
just as much as his own, yet we showed
that this persuasion has too
little power over the passions. (1:5:4) It
avails, indeed, in the hour of death,
when disease has subdued the very passions, and man lies
inert, or in
temples, where men hold no traffic, but
least of all, where it is most
needed, in the law-court or the palace. (1:5:5) We
showed too, that reason
can, indeed, do much to restrain and
moderate the passions,
but we Durant:652[5]169
saw at the same time,
that the road, which reason herself
points out,
is very steep, E5:XLII(5)n:270;
so that such as persuade themselves,
that the multitude or
men distracted by politics can ever be induced to
live according to the bare dictate
of reason, must be dreaming of the
poetic golden age, or of a stage-play.
[1:6] (1:6:1)
A dominion then, whose well-being
depends on any man's
good faith, and whose affairs cannot be properly administered,
unless
those who are engaged in them will act honestly, will
be very unstable.
(1:6:2) On the
contrary, to insure its permanence,
its public affairs should
be so page 290
ordered, that those who administer them,
whether guided
by reason
or passion, cannot be
led to act treacherously or basely.
(1:6:3) Nor
does it matter to the security of a dominion, in what spirit men
are led to rightly administer its affairs.
(1:6:4) For
liberality of spirit, or
Bk.XIA:3765.
courage, is a private
virtue; but the virtue
of a state is its security.
[1:7] (1:7:1)
Lastly, inasmuch as all men, whether barbarous or civilized,
everywhere frame customs, and form some kind of civil
state, we must
not, therefore, look to proofs of reason
for the causes and
natural
bases of dominion, but derive them from the general nature
or position
of mankind, as I mean to do in the next chapter.
CHAPTER II. - OF NATURAL RIGHT.
[2:1] (2:1:1)
IN our Theologico-Political Treatise we have treated of natural
and civil right, TTP4:(68):207,
and in our Ethics have explained the
Bk.XIV:2:241; Bk.XIX:26630.
nature of wrong-doing,
merit, justice, injustice, E4:XXXVII(18)n2:213,
and
lastly, of human liberty, E2:XLVIII:119, E2:XLIX:120,
E2:XLIX(13)n:121.
(2:1:2) Yet, lest
the readers of the present treatise should
have to seek
elsewhere those points, which especially concern it,
I have determined
to explain them here again,
and give a deductive
proof of them.
[2:2] (2:2:1) Any
natural thing whatever
can be just as well conceived,
whether it exists or does not exist.
(2:2:2) As
then the beginning of the
existence of natural things cannot be inferred
from their definition,
so
Bk.XIV:2:1991.
neither can their continuing
to exist. (2:2:3) For
their ideal essence is the
same, after they have begun to exist,
as it was before they existed.
(2:2:4) As then their beginning
to exist cannot be
inferred from their essence,
so neither can their continuing to exist; but they need the same power
to
enable them to go on existing, as to
enable them to begin to exist.
(2:2:5) From
which it follows, that the power, by which natural things exist,
and therefore that by which they operate,
can be no other than the
external—Bk.XIV:2:1984;
Bk.XIA:12313; Bk.XIX:9119.
eternal
power of G-D itself.
(2:2:6) For were it another
and a created power,
it could not preserve itself, much less natural
things, but it would itself,
in order to continue to exist, have need
of the same power
which it
needed to be created.
[2:3] (2:3:1) From
this fact therefore, that is, that
the power whereby
Bk.XIA:12312.
natural things exist and
operate is the very power of G-D
itself, we
easily understand what natural right is. (2:3:2) For
as G-D has a right to
everything, and G-D's right is nothing else,
but his very power, as far
as the latter is considered page
292 to be absolutely free;
it follows from
this, that every natural thing has by
nature as much right,
as it has
power to exist and operate; since the
natural power of every natural
thing, whereby it exists
and operates, is nothing else but the power of
G-D, which is absolutely free.
[2:4] (2:4:1) And
so by natural right I understand the very laws
or rules of
nature, in accordance with which everything takes place, in other words,
Bk.XIA:12415.
the power
of nature itself. (2:4:2)
And so the natural right
of universal
nature, and consequently of every individual thing, extends as far
as its Durant:651[2a]164
power: and
accordingly, whatever any man does after the laws
of his
nature, he does by the highest
natural right, and he has as much
right
Bk.XII:324,
325—good and bad.
over nature
as he has power.
[2:5] (2:5:1) If
then human nature had been so constituted,
that men
should live according to the mere dictate of reason,
and attempt nothing
inconsistent therewith, in that case natural right, considered
as special
to mankind, would be determined by the power
of reason only. (2:5:2) But
men are more led by blind desire,
than by reason: and therefore the
natural power or right of human beings should be limited, not by reason,
but by every appetite,
whereby they are determined to action, or seek
their own preservation.
(2:5:3) I, for
my part, admit, that those desires,
which arise not from reason, are not
so much actions as
passive
affections of man. (2:5:4) But
as we are treating here of the universal
power or right of nature, we cannot
here recognize any distinction
between desires, which are engendered in
us by reason,
and those
which are engendered by other causes;
since the latter, as much as
the former, are effects of nature,
and display the natural impulse, by
which man strives to continue in existence. (2:5:5) For
man, be he learned
or ignorant, is part
of nature, and everything, by which
any man is
determined to action, ought to be referred to the power of nature, that
is,
to that power, as it is limited by the nature of this
or that man. (2:5:6) For
Bk.XIA:12416.
man, whether guided by
reason
or mere desire, does nothing save
in
accordance with the laws
and rules of nature,
that is, by natural right.
( [2:4] )
[2:6] (2:6:1) But
most people believe, that the ignorant rather disturb than
follow the course of nature, and conceive of page
293 mankind, in nature
as of one dominion within another. (2:6:2) For
they maintain, that the
human mind is produced by no natural causes, but created
directly by
G-D, and is so independent
of other things, that it has an absolute
power to determine itself, and make a right use of reason.
(2:6:3) Experi-
ence, however, teaches us but too well, that it is no
more in our power
to have a sound mind, than a sound
body. (2:6:4) Next,
inasmuch as
everything whatever, as far as in it lies, strives
to preserve its own exist-
ence, we cannot at all doubt, that, were it as much in our power to live
after the dictate of reason, as to be led by blind desire, all would be
led
by reason, and order their lives wisely; which is very far from being the
case. (2:6:5) For
"Each
is attracted by his own delight." ( Virgil, Ecl.
ii. 65.)
(2:6:6) Nor do
divines remove this difficulty, at least not by deciding, that
the cause of this want of power
is a vice or sin
in human nature,
Bk.XIB:20521.
deriving its origin from
our first parents' fall. (2:6:7) For
if it was even in
the first man's power as much to stand as to fall, and he was in
posses-
sion of his senses, and had his nature unimpaired, how could it be, that
he fell in spite of his knowledge and foresight?
(2:6:8) But
they say, that
he was deceived by the devil. (2:6:9) Who
then was it, that deceived the
devil himself? (2:6:10) Who,
I say, so maddened the very being that excell-
ed all other created intelligences, that he wished to be greater than God?
(2:6:11) For
was not his effort too, supposing
him of sound mind, to
preserve himself and his existence, as far as in him lay? (2:6:12) Besides,
how could it happen, that the first man himself, being in his senses, and
master of his own will, should be
led astray, and suffer himself to be
taken mentally captive? (2:6:13) For
if he had the power to make a right
use of reason,
it was not possible for him to be deceived, for as far as
in him lay, he of necessity strove
to preserve his existence and his
soundness of mind. (2:6:14) But
the hypothesis is, that he
had this in his
power; therefore he of necessity
maintained his soundness of mind, and
could not be deceived. (2:6:15) But
this from his history, is known to be
false. (2:6:16) And,
accordingly, it must be admitted, that it was not in the
first man's page
294 power to make a right use of reason,
but that, like us,
{
GN:2n }; Bk.XIX:26320.
he was subject to passions.
[2:7] (2:7:1) But
that man, like other beings, as far as in him lies, strives
to
preserve his existence, no one can deny.
(2:7:2) For
if any distinction
could be conceived on this point, it
must arise from man's having a
free will. (2:7:3) But
the freer we conceived man to be, the
more we
should be forced to maintain, that he
must of necessity preserve his
existence and be in possession of his
senses; as anyone will
easily
grant me, that does not confound liberty
with contingency.
(2:7:4) For
liberty is a virtue,
or excellence. (2:7:5) Whatever,
therefore, convicts a
man of weakness cannot
be ascribed to his liberty. (2:7:6) And
so man
can by no means be called free, because
he is able not to exist or not to
use his reason,
but only in so far as he preserves the power of existing
and operating according to the laws
of human nature. (2:7:7) The
more,
therefore, we consider man to be free,
the less we can say, that he can
neglect to use reason, or choose evil in preference to good;
and, there-
fore, G-D, who exists in absolute
liberty, also understands and operates
of necessity, that is, exists, understands, and operates according
to the
necessity of his own nature. (2:7:8) For
there is no doubt, that G-D oper-
ates by the same liberty whereby he exists.
(2:7:9) As then
he exists by
the necessity of his own nature,
by the necessity of his own nature also
he acts, that is, he acts with absolute
liberty.
[2:8] (2:8:1) So
we conclude, that it is not in the power
of any man always
to use his reason,
and be at the highest pitch of human liberty, and yet
that everyone always, as far as in him lies, strives
to preserve his own
existence; and that (since each has as
much right as he has power)
whatever anyone, be he learned or ignorant,
attempts and does, he
attempts and does by supreme natural
right. (2:8:2) From
which it follows
that the law and ordinance of nature, under which all men are born,
and
for the most part live, forbids nothing but what no one wishes
or is able
to do, and is not opposed to strifes,
hatred, anger,
treachery, or, in Durant:651[2]163
Bk.XIX:26013
general, anything that appetite
suggests. (2:8:3) For
the bounds of nature
are not the laws of human reason,
which do but pursue the true interest
and preservation of
mankind, but other infinite laws, which regard the
eternal order of universal Nature,
page 295
whereof man is an atom; and
according to the necessity
of this order only are all individual beings
determined in a fixed manner to exist
and operate. (2:8:4) Whenever,
then,
anything in nature seems to us ridiculous,
absurd, or evil, it is because
we have but a partial knowledge
of things, and are in the main ignorant
of the order and coherence of nature as a whole, and because we want
everything to be arranged according to the
dictate of our own reason;
although, in fact, what our reason
pronounces bad, is not
bad as
regards the order and laws
of universal nature, but only as regards the
laws of our own nature taken separately.
[2:9] (2:9:1) Besides,
it follows that everyone is so far rightfully dependent
on another, as he is under that other's authority, and so far independent,
as he is able to repel all violence, and avenge to his
heart's content all
damage done to him, and in general to live after his own mind.
[2:10] (2:10:1) He
has another under his authority, who holds him bound,
or has taken from him arms and means
of defence or escape, or
inspired him with fear, or
so attached him to himself by past
favour,
that the man obliged would rather please
his benefactor than himself,
and live after his mind than after
his own. (2:10:2) He
that has another
under authority in the first or second of these ways,
holds but his body,
not his mind. (2:10:3) But
in the third or fourth way he has made depen-
dent on himself as well the mind as the body
of the other; yet only as
long as the fear or
hope lasts, for upon the removal
of the feeling the
other is left independent.
[2:11] (2:11:1) The
judgment can be dependent on another, only as far as
that other can deceive the mind; whence it
follows that the mind is so
far independent, as it uses reason
aright. (2:11:2) Nay,
inasmuch as
human power is to be reckoned less by physical vigour than
by mental
strength, it follows that those men are most independent whose reason
is strongest, and who are most guided
thereby. (2:11:3) And
so I am
altogether for calling a man so far free,
as he is led by reason; because
so far he is determined to action by such causes,
as can be adequately
understood by his unassisted nature, although
by these causes he be
necessarily determined to action. (2:11:4) For
liberty, as we showed above
page
296 (Sec. 2:7),
does not take away the necessity of
acting, but
supposes it.
{ Altruism
}
[2:12] (2:12:1) The
pledging of faith to
any man, where one has but
verbally promised to do this or that,
which one might rightfully leave
{
need }
undone, or vice versâ, remains
so long valid as the will of him that gave
his word remains unchanged. (2:12:2) For
he that has authority to break
{
diminished }
faith has, in fact, bated nothing of his own
right, but only made a present
of words. (2:12:3) If,
then, he, being by natural right judge in his own case,
comes to the conclusion, rightly or wrongly
(for "to err is human"), that
more harm than profit will come of his promise,
by the judgment of his
own mind he decides that the promise should be broken, and by natural
right (Sec. 2:9)
he will break the same.
[2:13] (2:13:1) If
two come together and unite their strength,
they have
jointly more power, and consequently more
right over nature than both
of them separately, and the more there
are that have so joined in
alliance, the more right they all collectively
will possess.
[2:14] (2:14:1) In
so far as men are tormented by anger,
envy, or any
passion implying hatred,
they are drawn asunder and made contrary
one to another, and therefore are so much
the more to be feared, as
they are more powerful, crafty, and cunning
than the other animals.
(2:14:2) And
because men are in the highest
degree liable to these
Bk.XI:1544.
passions (1:5), therefore men are naturally enemies.
(2:14:3) For
he is my
greatest enemy, whom I must most fear
and be on my guard against.
[2:15] (2:15:1) But
inasmuch as (2:6) in the state of nature each is so
long
independent, as he can guard against oppression by another,
and it is
in vain for one man alone to try and guard against all,
it follows hence
that so long as the natural right of man is determined
by the power of
every individual, and belongs to everyone,
so long it is a nonentity,
existing in opinion rather than fact, as there is no assurance
of making
Bk.XIX:26014.
it good. (2:15:2) And
it is certain that the greater cause
of fear every
individual has, the less power, and consequently
the less right, he
possesses. (2:15:3) To
this must be added, that without mutual help men
can hardly support life and cultivate the mind. (2:15:4) And
so our conclu-
sion is, that that natural right, which
is special to the human race,
page
297 can hardly be
conceived, except where men have general
rights, and combine to defend the possession of the lands
they inhabit
and cultivate, to protect themselves, to repel
all violence, and to live
according to the general judgment of all. (2:15:5) For
(2:13) the more there
are that combine together, the more right
they collectively possess.
(2:15:6) And
if this is why the schoolmen want
to call man a sociable
animal — I mean because men in the state
of nature can hardly be
independent — I have nothing to say against them.
[2:16] (2:16:1) Where
men have general rights, and are all guided,
as it
Bk.XIA:13264.
were, by one mind, it is certain (2:13),
that every individual has the less
right the more the rest collectively exceed him in power; that
is, he has,
in fact, no right over nature but that which the common
law allows him.
(2:16:2) But whatever
he is ordered by the general consent, he is bound to
execute, or may rightfully be compelled thereto (2:4).
[2:17] (2:17:1) This
right, which is determined by the power of a multitude,
is generally called Dominion.
(2:17:2) And,
speaking generally, he holds
dominion, to whom are entrusted by common consent affairs of state —
such as the laying down, interpretation,
and abrogation of laws, the
fortification of cities, deciding on war
and peace, &c. (2:17:3) But
if this
charge belong to a council,
composed of the general multitude, then
the dominion is called a democracy;
if the council be composed of
certain chosen persons, then it is an aristocracy;
and if, lastly, the care
of affairs of state and, consequently, the
dominion rest with one man,
then it has the name of monarchy.
[2:18] (2:18:1) From
what we have proved in this chapter, it becomes clear
{ jungle }
Bk.XIA:13045.
to us that, in the state of nature, wrong-doing
is impossible; or, if anyone
does wrong, it is to himself, not to another. (2:18:2) For
no one by the law
of nature is bound to please another,
unless he chooses, nor to hold
anything to be good or evil, but what he himself,
according to his own
temperament, pronounces to be so; and, to speak generally,
nothing is
forbidden by the law of nature, except what is beyond everyone's power
(2:5 and 2:8). (2:18:3) But
wrongdoing is action, which cannot lawfully be
committed. (2:18:4) But
if men by the ordinance of nature
were bound
to be led by page
298 reason,
then all of necessity would be
so led.
(2:18:5) For the
ordinances of nature are the ordinances of G-D
(2:2, and
2:3), which G-D has instituted
by the liberty, whereby he exists, and
they follow, therefore, from the necessity
of the divine nature (2:7), and,
consequently, are eternal, and cannot be
broken. (2:18:6) But
men are
chiefly guided by appetite,
without reason;
yet for all this they do not
disturb the course of nature, but follow it of necessity.
(2:18:7) And, there-
fore, a man ignorant and weak of mind, is no more bound by natural
law
to order his life wisely, than a sick
man is bound to be sound of body.
[2:19] (2:19:1) Therefore
wrong-doing cannot be conceived of, but under
dominion — that is, where, by the general right of the
whole dominion,
it is decided what is good
and what evil, and where no one does any-
thing rightfully, save what he does in
accordance with the general
decree or consent (2:16). (2:19:2) For
that, as we said in the last section,
Bk.XIV:2:2488.
is wrong-doing,
which cannot lawfully be committed, or
is by law for-
bidden. (2:19:3) But
obedience is the constant will
to execute that, which
by law is good, and by the general decree ought to be done.
[2:20] (2:20:1) Yet
we are accustomed to call that also
wrong, which is
done against the sentence of sound reason,
and to give the name of
obedience to the constant will to moderate
the appetite according to the
dictate of reason: a manner of speech
which I should quite approve, did
human liberty consist in the licence of
appetite, and slavery
in the
dominion of reason. (2:20:2) But
as human liberty is the greater, the more
man can be guided by reason, and moderate
his appetite, we cannot
without great impropriety call a rational
life obedience, and give the
name of wrong-doing to
that which is, in fact, a weakness of the mind,
not a licence of the mind directed
against itself, and for which a man
may be called a slave, rather than free
(2:7 and 2:11).
[2:21] (2:21:1) However,
as reason
teaches one to practise piety, and be
of a calm and gentle spirit, which cannot be done save under dominion;
and, further, as it is impossible for a multitude to
be guided, as it were,
by one mind, as under dominion is required, unless it has laws ordained
according to the dictate
of reason; men who are accustomed to live
page
299 under dominion are not,
therefore, using words so improperly,
when they call that wrong-doing which is done against the sentence
of
reason, because the laws
of the best dominion ought to be framed
according to that dictate (2:18).
(2:21:2) But,
as for my saying (2:18) that
man in a state of nature, if he does wrong at all, does it against
himself,
see, on this point, 4:4 and 4:5,
where is shown, in what sense we can
say, that he who holds dominion and possesses natural right,
is bound
by laws and can do wrong.
[2:22] (2:22:1) As
far as religion is concerned, it is
further clear, that a man
is most free and most obedient
to himself when he most loves God, and
worships him in sincerity.
(2:22:2) But
so far as we regard, not the course
of nature, which we do not understand, but the dictates
of reason only,
which respect religion, and likewise
reflect that these dictates are
revealed to us by
G-D, speaking, as it were, within
ourselves, or else
were revealed to prophets as laws;
so far, speaking in human fashion,
we say that man obeys G-D when he worships
him in sincerity, and, on
the contrary, does wrong
when he is led by blind desire.
(2:22:3) But,
at
the same time, we should remember that
we are subject to
G-Ds
authority, as clay to
that of the potter,
who of the same lump makes
Bk.XX:33235. { Jeremiah
18:6 }
some vessels unto honour,
and others unto dishonour (Romans
ix. 21).
(2:22:4) And thus
man can, indeed, act contrarily to the decrees
of G-D,
as far as they have been written like laws in the
minds of ourselves or
the prophets, but against that eternal decree of G-D, which is written
in
universal Nature,
and has regard to the course of Nature as a whole, he
can do nothing.
[2:23] (2:23:1) As,
then, wrong-doing and
obedience, in their strict sense,
so also justice and
injustice cannot be conceived of, except
under
dominion. (2:23:2) For
nature offers nothing
that can be called this man's
rather than another's; but under nature everything belongs to all
— that
is, they have authority to claim it
for themselves.
(2:23:3) But
under
dominion, w here it is by common law determined
what belongs to this
man, and what to that, he is called
just who has
a constant will to
render to every man his own, but he unjust who strives, page
300 on the
contrary, to make his own that which belongs to another.
[2:24] (2:24:1) But
that praise and blame are emotions of
joy and sadness,
accompanied by an idea
of human excellence or weakness as their
cause, we have explained in our Ethics.
CHAPTER
III. - OF THE RIGHT OF
SUPREME
AUTHORITIES.
[3:1] (3:1:1) UNDER
every dominion the state is said to be Civil; but
the
entire body subject to a dominion is called a Commonwealth,
and the
general business of the dominion, subject
to the direction of him that
holds it, has the name of Affairs of State. (3:1:2) Next
we call men Citizens,
as far as they enjoy by the civil law all the advantages
of the common-
wealth, and Subjects, as far as they are bound
to obey its ordinances
or laws. (3:1:3) Lastly,
we have already said that, of the civil state, there
are three kinds — democracy, aristocracy,
and monarchy (2:17).
(3:1:4) Now, before
I begin to treat of each kind
separately, I will first
deduce all the properties of the civil state in general. (3:1:5)
And of these,
first of all comes to be considered
the supreme right of the common-
wealth, or the right of the supreme authorities.
[3:2] (3:2:1) From
2:15, it is clear that the right of the supreme
authorities
is nothing else than simple natural right, limited,
indeed, by the power,
not of every individual, but of the multitude, which is guided,
as it were,
Bk.XIX:26631.
by one mind — that is,
as each individual in the state of nature, so the
body and mind of a dominion have as much right
as they have power.
(3:2:2) And thus
each single citizen or subject has
the less right, the
more the commonwealth exceeds him in power (2:16),
and each citizen
consequently does and has nothing, but what
he may by the general
decree of the commonwealth defend.
[3:3]. (3:3:1) If
the commonwealth grant to any man the right, and there-
with the authority (for else it is but a gift of words, (2:12),
to live after his
own mind, by that very act it abandons its own right,
and transfers the
same page 302
to him, to whom
it has given such authority. (3:3:2)
But if it
has given this authority to two
or more, I mean authority to live each
after his own mind, by that very act it has divided
the dominion, and if,
lastly, it has given this same
authority to every citizen, it has thereby
destroyed itself, and there remains no
more a commonwealth, but
{
jungle
}
everything returns to the
state of nature; all of which is very manifest
from what goes before. (3:3:3)
And thus it follows, that
it can by no
means be conceived, that every citizen should by the
ordinance of the
commonwealth live after his own mind, and
accordingly this natural
right of being one's own judge ceases
in the civil state. (3:3:4)
I say
expressly "by the ordinance of the commonwealth,"
for, if we weigh the
matter aright, the natural right of every man does not
cease in the civil
state. (3:3:5) For man,
alike in the natural and in the
civil state, acts
according to the laws of his own nature, and consults
his own interest.
(3:3:6) Man, I say,
in each state is led by fear
or hope to do or leave
undone this or that; but the main difference between
the two states is
this, that in the civil state all fear
the same things, and all have the
same ground of security, and manner of life; and this certainly does
not
do away with the individual's faculty of
judgment. (3:3:7) For
he that is
minded to obey all the commonwealth's orders, whether through fear
of
its power or through love of quiet, certainly consults after his
own heart
his own safety and interest.
[3:4] (3:4:1) Moreover,
we cannot even conceive, that
every citizen
should be allowed to interpret the commonwealth's
decrees or laws.
(3:4:2) For were
every citizen allowed this, he would thereby be his own
judge, because each would easily be able to give a colour of right to his
own deeds, which by the last section is absurd.
[3:5] (3:5:1) We
see then, that every citizen depends not on himself,
but
on the commonwealth, all whose commands he
is bound to execute,
and has no right to decide, what is equitable or iniquitous, just
or unjust.
(3:5:2) But, on the
contrary, as the body of the dominion
should, so to
speak, be guided by one mind, and consequently
the will of the com-
monwealth must be taken to be the will of all; what the state
decides to
be just and good must be held to
be so decided by every individual.
(3:5:3) And so, however
iniquitous page
303 the subject
may think the
commonwealth's decisions, he is none the less bound to execute
them.
[3:6] (3:6:1) But
(it may be objected) is it not
contrary to the dictate of
reason to
subject one's self wholly to the judgment
of another, and
consequently, is not the civil
state repugnant to reason? (3:6:2) Whence
it would follow, that the civil state
is irrational, and could only be
created by men destitute of reason, not at
all by such as are led by it.
(3:6:3) But since reason
teaches nothing contrary to nature, sound reason
cannot therefore dictate, that every one should remain independent,
so
long as men are liable to passions
(2:15), that is, reason
pronounces
against such independence (1:5). (3:6:4)
Besides, reason altogether
teaches to seek peace, and peace cannot be
maintained, unless the
Bk.XIA:12727.
Bk.XIA:12727.
commonwealth's general laws
be kept unbroken. (3:6:5)
And so, the
more a man is guided by reason,
that is (2:11), the more he is free,
the
more constantly he will keep the laws
of the commonwealth, and
execute the commands of the supreme authority,
whose subject he is.
(3:6:6) Furthermore, the
civil state is naturally ordained to remove general
fear, and prevent general sufferings, and
therefore pursues above
everything the very end, after which everyone,
who is led by reason,
{
jungle
}
strives,
but in the natural state strives vainly
(2:15). (3:6:7) Wherefore,
if a man, who is led by reason, has
sometimes to do by the common-
wealth's order what he knows to be repugnant to
reason, that harm is
{
except
}
far compensated by the good,
which he derives from the existence of
a civil state. (3:6:8) For
it is reason's own law, to choose the less of two
evils; and accordingly we may conclude, that no
one is acting against
the dictate of his own reason,
so far as he does what by the law of
the
commonwealth is to be done. (3:6:9)
And this anyone will more easily
grant us, after we have explained, how far the power and consequently
the right of the commonwealth extends.
[3:7] (3:7:1) For,
first of all, it must be considered, that, as in the state
of
{ jungle }
nature the man who
is led by reason is
most powerful and most inde-
pendent, so too that commonwealth will be
most powerful and most
independent, which is founded and guided
by reason. (3:7:2) For
the
right of the commonwealth is determined by the power of the
multitude,
which is led, as it were, by one mind. (3:7:3)
But this page
304 unity of mind
can in no wise be conceived, unless the commonwealth pursues chiefly
the very end, which sound reason teaches
is to the interest of
all men.
[3:8] (3:8:1) In
the second place it comes to be considered,
that subjects
are so far dependent not on themselves, but on the commonwealth,
as
they fear its power or threats, or
as they love the
civil state (2:10).
(3:8:2) Whence
it follows, that such things, as no one can be induced to
do by rewards or threats, do not fall
within the rights of the common-
wealth. (3:8:3) For
instance, by reason
of his faculty of judgment, it is in
no man's power to believe.
(3:8:4) For by what
rewards or threats can a
man be brought to believe,
that the whole is not
greater than its part,
or that God does not
exist, or that that is an infinite
being, which he
sees to be finite, or generally anything contrary to his sense or thought?
(3:8:5) So, too,
by what rewards or threats can a man be brought to love
one, whom he hates,
or to hate one, whom he loves? (3:8:6)
And to this
head must likewise be referred such things
as are so abhorrent
to
human nature, that it regards them as actually
worse than any evil, as
that a man should be witness against himself, or
torture himself, or kill
his parents, or not strive to avoid death,
and the like, to which no one
can be induced by rewards or threats. (3:8:7)
But if we still choose to say,
that the commonwealth has the right or authority
to order such things,
we can conceive of it in no other sense,
than that in which one might
say, that a man has the right to be mad or
delirious. (3:8:8) For
what but a
delirious fancy would such a right be, as could bind
no one? (3:8:9) And
here I am speaking expressly of such things as cannot be subject
to the
right of a commonwealth and are abhorrent to human nature in
general.
(3:8:10) For the
fact, that a fool or madman can by no rewards or threats
be induced to execute orders, or that this or that person,
because he is
attached to this or that religion, judges
the laws of a dominion worse
than any possible evil, in no wise makes void the
laws of the common-
wealth, since by them most of the citizens are restrained.
(3:8:11) And so,
as those who are without fear or hope
are so far independent (2:10),
they are, therefore, enemies of the dominion (2:14),
and may lawfully be
coerced by force.
PAGE 305
[3:9] (3:9:1) Thirdly
and lastly, it comes to be considered,
that those
things are not so much within the commonwealth's
right, which cause
indignation in the majority. (3:9:2) For
it is certain, that by the guidance of
nature men conspire together, either through common fear,
or with the
desire to avenge some common hurt; and as the right
of the common-
wealth is determined by the common power of the multitude, it is
certain
that the power and right of the commonwealth
are so far diminished,
as it gives occasion for many to conspire
together. (3:9:3) There
are
certainly some subjects of fear for a commonwealth, and as every sepa-
rate citizen or in the state of nature every man,
so a commonwealth is
the less independent, the greater reason it has
to fear. (3:9:4)
So much
for the right of supreme authorities over
subjects. (3:9:5) Now
before I
treat of the right of the said authorities as against others, we
had better
{
debated }
resolve a question commonly mooted about religion.
[3:10] (3:10:1) For
it may be objected to us, Do not the civil state, and the
obedience of subjects, such as we have shown is
required in the civil
state, do away with religion,
whereby we are bound to worship
God?
(3:10:2) But if we
consider the matter, as it really is, we shall find nothing
{ an
impediment }
that can suggest a scruple. (3:10:3)
For the mind, so far as it makes use
of reason,
is dependent, not on the supreme authorities, but
on itself
(2:11). (3:10:4)
And so the true
knowledge and the love of God cannot
be
subject to the dominion of any, nor
yet can charity towards
one's
neighbour (3:8). (3:10:5)
And if we further reflect,
that the highest exer-
cise of charity is that which aims at keeping peace and
joining in unity,
we shall not doubt that he does his duty,
who helps everyone, so far as
the commonwealth's laws, that is so
far as unity and quiet allow.
(3:10:6) As for external
rites, it is certain, that
they can do no good or harm
at all in respect of the true knowledge
of God, and the love
which
necessarily results from
it; and so they ought not to be held of such
importance, that it should be thought worth
while on their account to
disturb public peace and quiet. (3:10:7) Moreover
it is certain, that I am not
a champion of religion by the law of nature, that
is (2:3), by the divine
decree. (3:10:8) For I have
no authority, as once the disciples of Christ had,
to cast out unclean spirits and work miracles;
which page 306
authority is
yet so necessary to the propagating of
religion in places where it is
forbidden, that without it one not only,
as they say, wastes one's time
(Note 1) and trouble, but
causes besides very many inconveniences,
whereof all ages have seen most mournful examples.
(3:10:9) Everyone
therefore, wherever he may be, can worship
God with true religion, and
mind his own business, which is the duty
of a private man. (3:10:10) But
the care of propagating religion should be left
to God, or the supreme
authorities, upon whom alone falls
the charge of affairs of state.
(3:10:11) But I return
to my subject.
[3:11] (3:11:1) After
explaining the right of supreme
authorities over
citizens and the duty of subjects, it remains to consider the right
of such
authorities against the world at large, which
is now easily intelligible
from what has been said. (3:11:2)
For since (3:2) the right
of the supreme
{
jungle
}
authorities is nothing else
but simple natural right, it follows that two
dominions stand towards each other in the same relation as do two men
{
a jungle
}
in the state of nature, with
this exception, that a commonwealth can
provide against being oppressed by another; which
a man in the state
of nature cannot do, seeing that he is overcome daily by sleep,
often by
disease or mental infirmity, and in the
end by old age, and is besides
liable to other inconveniences, from which a commonwealth can
secure
itself.
[3:12] (3:12:1) A
commonwealth then is so far independent, as it can plan
and provide against oppression by another
(2:9, 2:15), and
so far
dependent on another commonwealth, as it
fears that other's power,
or is hindered by it from executing its own wishes, or
lastly, as it needs
its help for its own preservation
or increase (2:10, 2:15). (3:12:2)
For we
cannot at all doubt, that if two commonwealths are willing
to offer each
other mutual help, both together are more powerful, and therefore
have
more right, than either alone (2:13).
[3:13] (3:13:1) But
this will be more clearly intelligible,
if we reflect, that
two commonwealths are naturally enemies. (3:13:2)
For men in the state
of nature are enemies (2:14).
(3:13:3) Those, then,
who stand outside
a commonwealth, and retain their natural
rights, continue enemies.
(3:13:4) Accordingly, page
307 if one
commonwealth wishes to make war on
another and employ extreme measures to make that other dependent on
itself, it may lawfully make the attempt, since it needs but the bare will
of
the commonwealth for war to be waged.
(3:13:5) But concerning
peace
it can decide nothing, save with the
concurrence of another common-
wealth's will. (3:13:6) Whence
it follows, that laws of war regard
every
commonwealth by itself, but laws of
peace regard not one, but at
the least two commonwealths, which are therefore
called "contracting
powers."
[3:14] (3:14:1) This
"contract" remains so long unmoved as the motive for
entering into it, that is, fear of hurt or hope
of gain, subsists. (3:14:2) But
take away from either commonwealth this hope or fear, and it is left
inde-
pendent (2:10), and the link, whereby the commonwealths
were mutually
bound, breaks of itself. (3:14:3)
And therefore every commonwealth
has
the right to break its contract, whenever it chooses, and cannot
be said
to act treacherously or perfidiously in breaking its
word, as soon as the
motive of hope or fear is removed.
(3:14:4) For
every contracting party
was on equal terms in this respect, that whichever could
first free itself
of fear should be independent, and make use of its independence
after
its own mind; and, besides, no one
makes a contract respecting the
future, but on the hypothesis
of certain precedent circumstances.
(3:14:5) But when
these circumstances change, the reason of policy appli-
cable to the whole position changes with them; and therefore every
one
of the contracting commonwealths retains the right of consulting
its own
interest, and consequently endeavours, as far
as possible, to be free
from fear and thereby independent, and to prevent another from coming
out of the contract with greater power.
(3:14:6) If then
a commonwealth
complains that it has been deceived, it cannot
properly blame the bad
faith of another contracting commonwealth, but
only its own folly in
having entrusted its own welfare to another party, that was independent,
Bk.XIB:15639.
and had for its highest law the welfare
of its own dominion.
[3:15] (3:15:1) To
commonwealths, which have contracted a treaty
of
peace, it belongs to decide the questions, which may be mooted
about
the terms or rules of peace, whereby they
have mutually bound them-
selves, inasmuch as laws of page
308 peace regard
not one common-
wealth, but the commonwealths which contract
taken together (3:13).
(3:15:2) But if they cannot
agree together about the conditions, they by that
very fact return to a state of war.
[3:16] (3:16:1) The
more commonwealths there are, that have contracted
a joint treaty of peace, the less each of them by itself is an object of
fear
to the remainder, or the less it has the authority to make
war. (3:16:2) But
it is so much the more bound to observe the conditions of peace;
that is
(2:13), the less independent, and the more bound
to accommodate itself
to the general will of the contracting parties.
[3:17] (3:17:1) But
the good faith, inculcated by sound reason and
religion,
is not hereby made void; for neither reason nor
Scripture teaches one
to keep one's word in every case. (3:17:2)
For if I have promised a man,
for instance, to keep safe a sum of
money he has secretly deposited
with me, I am not bound to keep my word,
from the time that I know or
believe the deposit to have been stolen,
but I shall act more rightly
in endeavouring to restore it to its
owners. (3:17:3) So
likewise, if the
supreme authority has promised another to
do something, which sub-
sequently occasion or reason shows or seems
to show is contrary to
the welfare of its subjects, it is surely bound to break its
word. (3:17:4) As
then Scripture only teaches us to keep our word in general,
and leaves
to every individual's judgment the special cases of exception,
it teaches
nothing repugnant to what we have just proved.
[3:18] (3:18:1) But
that I may not have so often to break the thread of my
discourse, and to resolve hereafter similar
objections, I would have it
known that all this demonstration of mine proceeds
from the necessity
of human nature, considered in what light
you will — I mean, from the
universal effort of all men after self-preservation,
an effort inherent in all
men, whether learned or unlearned. (3:18:2)
And therefore, however one
considers men are led, whether by passion
or by reason,
it will be the
same thing; for the demonstration, as we
have said, is of universal
application.
Footnote 3:1. Literally,
"oil and trouble " — a common proverbial
expression
in Latin.
PAGE
309
CHAPTER
IV. - OF THE FUNCTIONS OF
SUPREME
AUTHORITIES.
[4:1] (4:1:1) THAT
the right of the supreme authorities is limited
by their
power, we showed in the last chapter, and
saw that the most important
part of that right is, that they are, as
it were, the mind of the dominion,
whereby all ought to be guided; and accordingly,
that such authorities
alone have the right of deciding
what is good, evil, equitable, or
iniquitous, that is, what must be done
or left undone by the subjects
severally or collectively. (4:1:2)
And, accordingly, we saw that they
have
the sole right of laying down laws, and of
interpreting the same, when-
ever their meaning is disputed, and of deciding whether a given
case is
in conformity with or violation of the law
3:3, 4, 5); and,
lastly, of waging
war, and of drawing up and offering
propositions for peace, or of
accepting such when offered (3:12, 13).
[4:2] (4:2:1) As
all these functions, and also the means required to execute
them, are matters which regard the whole body of the
dominion, that is,
are affairs of state, it follows, that affairs of state depend on the direction
of him only, who holds supreme dominion.
(4:2:2) And
hence it follows,
that it is the right of the supreme authority
alone to judge the deeds of
every individual, and demand of him an account of the
same; to punish
criminals, and decide questions of law between
citizens, or appoint
jurists acquainted with the existing laws, to administer
these matters on
its behalf; and, further, to use and order all means to war
and peace, as
to found and fortify cities, levy soldiers, assign military
posts, and order
what it would have done, and, with
a view to peace, to send and give
audience to ambassadors; and, finally, to
levy the costs of all this.
[4:3] (4:3:1) Since,
then, it is the right of the supreme
authority alone to
handle public matters, or choose officials
to do so, it follows, that that
subject is a pretender to the
dominion, who, without the supreme
council's knowledge, enters upon any public
matter, although he believe
that his design will be
to the best interest of the commonwealth.
[4:4] (4:4:1) But
it is often asked, whether the supreme authority is bound
by laws, and, consequently, whether it
can do wrong. (4:4:2) Now
as the
words "law" and
"wrong-doing" often refer
not merely to the laws of a
commonwealth, but also to the general rules which
concern all natural
{
Includes
things, and especially to the general
rules of reason,
we cannot, without Scientific
Laws. }
qualification, say that the commonwealth
is bound by no laws, or can do
no wrong. (4:4:3) For
were the commonwealth bound by no laws or rules,
which removed, the commonwealth were no commonwealth, we should
have to regard it not as a natural
thing, but as a chimera. (4:4:4)
A
commonwealth then does wrong, when it does,
or suffers to be done,
things which may be the cause of its
own ruin; and we can say that it
then does wrong, in the sense in which philosophers or doctors say
that
nature does wrong; and in this sense
we can say, that a commonwealth
does wrong, when it acts against the
dictate of reason.
(4:4:5) For
a
commonwealth is most independent when
it acts according to the
dictate of reason
(3:7); so far, then, as
it acts against reason, it fails
itself, or does wrong. (4:4:6)
And we shall be able more
easily to under-
stand this if we reflect, that when
we say, that a man can do what he
will with his own,
this authority must be limited not only by the power of
the agent, but by the capacity of the object.
(4:4:7) If, for instance,
I say
that I can rightfully do what I will with this table,
I do not certainly mean,
that I have the right to make it eat grass.
(4:4:8) So, too,
though we say,
that men depend not on themselves, but on the commonwealth,
we do
not mean, that men lose their human nature and put on another; nor
yet
that the commonwealth has the right to make
men wish for this or that,
or (what is just as impossible) regard with honour
things which excite
ridicule or disgust. (4:4:9) But
it is implied, that there are certain
inter-
vening circumstances, which supposed, one
likewise supposes the
reverence and fear of the subjects towards
the commonwealth, and
which abstracted, one makes abstraction
likewise of that fear and
reverence, and therewith of the commonwealth itself. (4:4:10)
The common-
wealth, then, to maintain its independence,
is bound to preserve the
causes of fear and reverence, otherwise it
ceases to be a common-
wealth. (4:4:11) For
the person or persons that hold dominion,
can no
more combine with the keeping up of majesty
the running with harlots
drunk or naked about the streets, or the performances of a stage-player,
or the open violation or contempt of laws
passed by themselves, than
they can combine existence with non-existence. (4:4:12)
But to proceed to
slay and rob subjects, ravish maidens, and
the like, turns fear into
indignation and the civil state into a state of enmity.
[4:5] (4:5:1) We
see, then, in what sense we may
say, that a common-
wealth is bound by laws and can do
wrong. (4:5:2) But
if by "law" we
understand civil law, and by "wrong" that which, by civil law,
is forbidden
to be done, that is, if these words
be taken in their proper sense, we
cannot at all say, that a commonwealth
is bound by laws, or can do
wrong. (4:5:3) For
the maxims and motives of fear and reverence, which a
commonwealth is bound to observe in its
own interest, pertain not to
{
jungle
}
civil jurisprudence, but
to the law of nature, since (4:4) they cannot
be
vindicated by the civil law, but by the law
of war. (4:5:4) And
a common-
wealth is bound by them in no other sense than that in which in the state
of nature a man is bound to take heed, that
he preserve his independ-
ence and be not his own enemy, lest he should destroy
himself; and in
this taking heed lies not the subjection, but the liberty
of human nature.
(4:5:4) But civil
jurisprudence depends on the mere decree of the common-
wealth, which is not bound to please any but itself, nor to
hold anything
to be good or bad, but what it
judges to be such for itself. (4:5:5)
And,
accordingly, it has not merely the right
to avenge itself, or to lay down
and interpret laws, but also to abolish
the same, and to pardon any
guilty person out of the fullness of its power.
Bk.XIA:13046.
[4:6] (4:6:1)
Contracts or laws, whereby the multitude
transfers its right to
one council or man, should without doubt be broken,
when it is expedi-
ent for the general welfare to do so.
(4:6:2) But to
decide this point,
whether, that is, it be expedient for the general welfare to break
them or
not, is within the right of no private
person, but of him only who holds
dominion (4:3); therefore of these laws
he who holds dominion remains
Bk.XIA:1223.
sole interpreter. (4:6:3)
Moreover, no private person can by right vindicate
these laws, and so they do not really
bind him who holds dominion.
(4:6:4) Notwithstanding,
if they are of such a nature that they
cannot be
broken, without at the same
time weakening the commonwealth's
strength, that is, without at the same
time changing to indignation the
common fear of most of the citizens, by this very fact the commonwealth
is dissolved, and the contract comes to
an end; and therefore such
contract is vindicated not by
the civil law, but by the law
of war.
(4:6:5) And so he
who holds dominion is not bound to observe the terms
of the contract by any other cause
than that, which bids a man in the
{ jungle
}
state of nature to beware
of being his own enemy, lest he
should
destroy himself, as we said in the last section.
PAGE 313
CHAPTER
V. - OF THE BEST STATE OF A DOMINION.
{ has most PcM
}
[5:1] (5:1:1) IN
2:2, we showed, that man is then most
independent, when
he is most led by reason,
and, in consequence (3:7), that that common-
wealth is most powerful and most independent,
which is founded and
guided by reason. (5:1:2) But,
as the best plan of living, so as to
assure to
the utmost self-preservation, is that which
is framed according to the
dictate of reason, therefore
it follows, that that in every kind is best done,
which a man or commonwealth does, so far as he or it
is in the highest
degree independent. (5:1:3) For
it is one thing to till a field by right, and
another to till it in the best way.
(5:1:4) One
thing, I say, to defend or
preserve one's self, and to pass judgment
by right, and another to
defend or preserve one's self in the
best way, and to pass the best
judgment; and, consequently, it is one thing to have
dominion and care
of affairs of state by right, and another to exercise
dominion and direct
affairs of state in the best way. (5:1:5) And
so, as we have treated of the
right of every commonwealth in general, it
is time to treat of the best
state of every dominion.
[5:2] (5:2:1) Now
the quality of the state of any
dominion is easily per-
ceived from the end of the civil state,
which end is nothing else but
Bk.XI:1647.
peace and security of life. (5:2:2) And
therefore that dominion is the best,
where men pass their lives in unity,
and the laws are kept unbroken.
(5:2:2) For
it is certain, that seditions, wars, and contempt or breach of the
laws are not so much to be imputed to the
wickedness of the subjects,
{
I disagree
}
as to the bad state
of a dominion. (5:2:3) For
men are not born fit for
Bk.XIX:25911.
citizenship, but must be
made so. (5:2:4) Besides,
men's natural passions
are everywhere the same; and if wickedness
more prevails, and more
offences are committed in one commonwealth
than in another, it is
certain that the former has not enough
pursued the end of unity, nor
framed its laws with sufficient forethought;
and that, therefore, it has
failed in making quite good its right as a commonwealth. (5:2:5) For
a civil
state, which has not done away with the causes
of seditions, where war
is a perpetual object of fear, and where, lastly, the laws
are often broken,
{
jungle
}
differs but little from the
mere state of nature, in which everyone lives
after his own mind at the great
risk of his life.
[5:3] (5:3:1) But
as the vices and inordinate licence
and contumacy of
subjects must be imputed to the commonwealth, so,
on the other hand,
their virtue and constant obedience
to the laws are to be ascribed in
the
main to the virtue and perfect right
of the commonwealth, as is clear
from C2:15. (5:3:2) And
so it is deservedly reckoned to Hannibal
as an
extraordinary virtue, that in his army
there never arose a sedition.
(Justin, Histories, xxxii. iv. 12.)
[5:4] (5:4:1) Of
a commonwealth, whose subjects are but
hindered by
terror from taking arms, it should rather be said,
that it is free from war,
than that it has peace. (5:4:2) For
peace is not mere absence of war, but
is a virtue that springs from force of character:
for obedience (2:19)
is
the constant will to execute what, by the general decree
of the common-
wealth, ought to be done. (5:4:3) Besides
that commonwealth, whose
peace depends on the sluggishness of its
subjects, that are led about
like sheep, to learn but slavery, may more
properly be called a desert
than a commonwealth.
[5:5] (5:5:1) When,
then, we call that dominion best, where men pass their
lives in unity, I understand
a human life, defined not by mere circulation
of the blood, and other qualities common to all animals, but above
all by
reason,
the true excellence and life of the mind.
[5:6] (5:6:1) But
be it remarked that, by the dominion which I have said
is
established for this end, I intend
that which has been established by a
free multitude, not that which is acquired over a multitude by right
of war.
(5:6:2) For a
free multitude is guided more by hope
than fear; a conquered
one, more by fear than hope: inasmuch
as the former aims at making
use of life, the
latter but at escaping death. (5:6:3) The
former, I say, aims
at living for its own ends, the latter is forced to belong
to the conqueror;
Bk.XIB:10232,
18494.
and so we say that
this is enslaved, but that free. (5:6:4) And,
therefore,
the end of a dominion, which one gets by
right of war, is to be master,
and have rather slaves than subjects. (5:6:5) And
although between the
dominion created by a free multitude, and
that gained by right of war,
if we regard generally the right of
each, we can make no essential
distinction; yet their ends, as we have already
shown, and further the
means to the preservation of each are very different.
Bk.XIA:3662.
[5:7] (5:7:1) But
what means a prince, whose sole motive is lust of mastery,
should use to establish and maintain his dominion, the
most ingenious
Bk.XIB:15129.
Machiavelli has set forth
at large, (In his book called "Il Principe,"
or "The
Prince") but with what design
one can hardly be sure. (5:7:2) If,
however,
he had some good design, as one should
believe of a learned man,
it seems to have been to show, with how little foresight many
attempt to
remove a tyrant, though thereby the causes
which make the prince a
tyrant can in no
wise be removed, but, on the contrary, are so much the
more established, as the prince is given
more cause to fear,
which
happens when the multitude has made an
example of its prince, and
Bk.XIB:10027.
glories in the parricide
as in a thing well done. (5:7:3) Moreover,
he
perhaps wished to show how cautious a
free multitude should be of
entrusting its welfare absolutely to one
man, who, unless in his vanity
he thinks he can please everybody, must be
in daily fear of plots, and
so is forced
to look chiefly after his own interest,
and, as for the
multitude, rather to plot against it than
consult its good. (5:7:4) And
I am
the more led to this opinion
concerning that most far-seeing man,
because it is known that he was favourable
to liberty, for the mainten-
Bk.XIA:3662.
ance of which he
has besides given the most wholesome
advice.
End of Chapter V
TPI:Endnote 1:4:2 - From Bk.XIB:157—Mock.
As did Spinoza, Temple
was driven to ponder the cruelty of men, the "ultimi barbarorum."
"Are the Dutch a people cruel by character?" Temple asked.
Their barbarities in the East Indies were akin to
their lynching of De Witt. But
Temple, like Spinoza, came to terms with men's cruelty and saw human degradation
as the inevitable outcome of causal
laws and social circumstances. "But
this action of that people may be attributed to the misfortune of their
country; and is so unlike the
appearance of their customs and dispositions, living, as I saw them, under
the orders and laws of a quiet and settled state;
that one must confess mankind to be a very various
creature, and none to be known, that
has not been seen in his rage, as well as his drink."
Much in Spinoza's fashion, Temple tried to reconcile
himself to manifestations of human evil with the intellectual recognition
that man was "a very various
creature.
Spinoza, as the philosopher of political defeat,
sought to transmute {transform}
evil by an intellectual understanding of its necessary
place in the infinite system of things. His
Tractatus Politicus began with an affirmation:
"I have looked upon passions,
such as love, hatred, anger, envy, ambition, pity,
and other perturbations {agitations}
of the mind {loss
of peace-of-mind},
not in the light of vices of human nature, but
as properties just as pertinent to it, as are heat, cold, storm, thunder,
and the like to the nature of the atmosphere, which
phenomena, though inconvenient,
are yet necessary, and have fixed causes,
by means of which we endeavor to understand their nature,
and the mind has just as much pleasure in viewing
them aright, as in knowing such things as flatter the senses."
Political science, for Spinoza and Temple alike, became
a work of intellectual catharsis, in which evil,
by being understood,
was assimilated into divine necessity. As
political scientists, they inquired into the necessities and uniformities
of political phenomena and urged
a political practice chastened in that understanding?
Temple, like Spinoza, made his farewell to Utopia:
"The republic of Plato, the principality of Hobbes, the rotation of
Oceana, have all been indicted
and found guilty of many faults, or of great infirmities."
For him, too, as for Spinoza, the old established
ways were henceforth recognized
as part of the inevitable scheme of things,
in which it was the better part of wisdom to acquiesce:
"The first safety of princes and states lies
in avoiding all councils or designs of innovation,
in ancient and established forms and laws, especially
those concerning liberty, property, and religion..."
The differences between modes of government were now
less important than the status
of free men under them: "those are
generally the best governments where the
best men govern..." Political
science was no longer a manual for reformers; it
was a handbook for social technicians.
End
Revised: September 18, 2006
Part 1 - Preface -
Table of Contents - Chapters
I to V
Part 2 - Table
of Contents - Chapters VI and VII
Part 3 - Table
of Contents - Chapters VIII to XI