第 8 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  ght; wise; just; and good。  The despot is a man attempting  to be God upon earth; and to exercise a usurped power。  Despotism  is based on; the parental right; and the parental right is  assumed to be absolute。  Hence; your despotic rulers claim to  reign; and to be loved and worshipped as gods。  Even the Roman  emperors; in the fourth and fifth centuries; were addressed as  divinities; and Theodosius the Great; a Christian ; was addressed  as 〃Your Eternity;〃 Eternitas vestrasso far did barbarism  encroach on civilization; even under Christian emperors。
  The right of the father over his child is an imperfect right; for  he is the generator; not the creator of his child。  Generation is  in the order of second causes; and is simply the development or  explication of the race。  The 41                               early Roman law; founded on the  confusion of generation with creation; gave the father absolute  authority over the childthe right of life and death; as over  his servants or slaves; but this was restricted under the Empire;  and in all Christian nations the authority of the father is  treated; like all power; as a trust。  The child; like the father  himself; belongs to the state; and to the state the father is  answerable for the use he makes of his authority。  The law fixes  the age of majority; when the child is completely emancipated;  and even during his nonage; takes him from the father and places  him under guardians; in case the father is incompetent to fulfil  or grossly abuses his trust。  This is proper; because society  contributes to the life of the child; and has a right as well as  an interest in him。  Society; again; must suffer if the child is  allowed to grow up a worthless vagabond or a criminal; and has a  right to intervene; both in behalf of itself and of the child; in  case his parents neglect to train him up in the nurture and  admonition of the Lord; or are training him up to be a liar; a  thief; a drunkard; a murderer; a pest to the community。  How;  then; base the right of society on the right of the father;  since; in point of fact; the 42                              right of society is paramount to the  right of the parent?
  But even waiving this; and granting what is not the fact that the  authority of the father is absolute; unlimited; it cannot be the  ground of the right of society to govern。  Assume the parental  right to be perfect and inseparable from the parental relation;  it is no right to govern where no such relation exists。  Nothing  true; real; solid in government can be founded on what Carlyle  calls a 〃sham。〃  The statesman; if worthy of the name; ascertains  and conforms to the realities; the verities of things; and all  jurisprudence that accepts legal fictions is imperfect; and even  censurable。  The presumptions or assumptions of law or politics  must have a real and solid basis; or they are inadmissible。  How;  from the right of the father to govern his own child; born from  his loins; conclude his right to govern one not his child?  Or  how; from my right to govern my child; conclude the right of  society to found the state; institute government; and exercise  political authority over its members?
  CHAPTER IV。
  ORIGIN OF GOVERNMENTCONTINUED。
  II。 Rejecting the patriarchal theory as untenable; and shrinking  from asserting the divine origin of government; lest they should  favor theocracy; and place secular society under the control of  the clergy; and thus disfranchise the laity; modern political  writers have sought to render government purely human; and  maintain that its origin is conventional; and that it is founded  in compact or agreement。  Their theory originated in the  seventeenth century; and was predominant in the last century and  the first third of the present。  It has been; and perhaps is yet;  generally accepted by American politicians and statesmen; at  least so far as they ever trouble their heads with the question  at all; which it must be confessed is not far。
  The moral theologians of the Church have generally spoken of  government as a social pact or compact; and explained the  reciprocal rights and obligations of subjects and rulers by the  44 general law of contracts; but they have never held that  government originates in a voluntary agreement between the people  and their rulers; or between the several individuals composing  the community。  They have never held that government has only a  conventional origin or authority。  They have simply meant; by the  social compact; the mutual relations and reciprocal rights and  duties of princes and their subjects; as implied in the very  existence and nature of civil society。  Where there are rights  and duties on each side; they treat the fact; not as an agreement  voluntarily entered into; and which creates them; but as a  compact which binds alike sovereign and subject; and in  determining whether either side has sinned or not; they inquire  whether either has broken the terms of the social compact。  They  were engaged; not with the question whence does government derive  its authority; but with its nature; and the reciprocal rights and  duties of governors and the governed。  The compact itself they  held was not voluntarily formed by the people themselves; either  individually or collectively; but was imposed by God; either  immediately; or mediately; through the law of nature。  〃Every  man;〃 says Cicero; 〃is born in society; and remains there。〃  They  held the 45          same; and maintained that every one born into society  contracts by that fact certain obligations to society; and  society certain obligations to him; for under the natural law;  every one has certain rights; as life; liberty; and the pursuit  of happiness; and owes certain duties to society for the  protection and assistance it affords him。
  But modern political theorists have abused the phrase borrowed  from the theologians; and made it cover a political doctrine  which they would have been the last to accept。  These theorists  or political speculators have imagined a state of nature  antecedently to civil society; in which men lived without  government; law; or manners; out of which they finally came by  entering into a voluntary agreement with some one of their number  to be king and to govern them; or with one another to submit to  the rule of the majority。  Hobbes; the English materialist; is  among the earliest and most distinguished of the advocates of  this theory。  He held that men lived; prior to the creation of  civil society; in a state of nature; in which all were equal; and  every one had an equal right to every thing; and to take any  thing on which he could lay his hands and was strong enough to  hold。  There was no law but the will of the strongest。  Hence;  the state of nature was a state of con… 46                                       tinual war。  At length;  wearied and disgusted; men sighed for peace; and; with one  accord; said to the tallest; bravest; or ablest among them: Come;  be our king; our master; our sovereign lord; and govern us; we  surrender our natural rights and our natural independence to you;  with no other reserve or condition than that you maintain peace  among us; keep us from robbing and plundering one another or  cutting each other's throats。
  Locke followed Hobbes; and asserted virtually the same theory;  but asserted it in the interests of liberty; as Hobbes had  asserted it in the interests of power。  Rousseau; a citizen of  Geneva; followed in the next century with his Contrat Social; the  text…book of the French revolutionistsalmost their Bibleand  put the finishing stroke to the theory。  Hitherto the compact or  agreement had been assumed to be between the governor and the  governed; Rousseau supposes it to be between the people  themselves; or a compact to which the people are the only parties。   He adopts the theory of a state of nature in which men lived;  antecedently to their forming themselves into civil society;  without government or law。  All men in that state were equal; and  each was independent and sovereign proprietor of himself。  These  equal; independent; sovereign 47                               individuals met; or are held to  have met; in convention; and entered into a compact with  themselves; each with all; and all with each; that they would  constitute government; and would each submit to the determination  and authority of the whole; practically of the fluctuating and  irresponsible majority。  Civil society; the state; the  government; originates in this compact; and the government; as  Mr。 Jefferson asserts in the Declaration of American  Independence; 〃derives its just powers from the consent of the  governed。〃
  This theory; as so set forth; or as modified by asserting that  the individual delegates instead of surrendering his rights to  civil society; was generally adopted by the American people in  the last century; and is still the more prevalent theory with  those among them who happen to have any theory or opinion on the  subject。  It is the political tradition of the country。  The  state; as defined by the elder Adams; is held to be a voluntary  association of individuals。  Individuals create civil society;  and may uncreate it whenev