第 14 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  83 But even this limitation of popular sovereignty is not all。  The  people can be sovereign only in the sense in which they exist and  act。  The people are not God; whatever some theorists may  pretendare not independent; self…existent; and self…sufficing。   They are as dependent collectively as individually; and therefore  can exist and act only as second cause; never as first cause。   They can; then; even in the limited sphere of their sovereignty;  be sovereign only in a secondary sense; never absolute sovereign  in their own independent right。  They are sovereign only to the  extent to which they impart life to the individual members of  society; and only in the sense in which she imparts it; or is its  cause。  She is not its first cause or creator; and is the medial  cause or medium through which they derive it from God; not its  efficient cause or primary source。  Society derives her own life  from God; and exists and acts only as dependent on him。  Then she  is sovereign over individuals only as dependent on God。  Her  dominion is then not original and absolute; but secondary and  derivative。
  This third theory does not err in assuming that the people  collectively are more than the people individually; or in denying  society to be a mere aggregation of individuals with no life;  84                                                               and  no rights but what it derives from them; nor even in asserting  that the people in the sense of society are sovereign; but in  asserting that they are sovereign in their own native or  underived right and might。  Society has not in herself the  absolute right to govern; because she has not the absolute  dominion either of herself or her members。  God gave to man  dominion over the irrational creation; for he made irrational  creatures for man; but he never gave him either individually or  collectively the dominion over the rational creation。  The theory  that the people are absolutely sovereign in their own independent  right and might; as some zealous democrats explain it; asserts  the fundamental principle of despotism; and all despotism is  false; for it identifies the creature with the Creator。  No  creature is creator; or has the rights of creator; and  consequently no one in his own right is or can be sovereign。   This third theory; therefore; is untenable。
  IV。 A still more recent class of philosophers; if philosophers  they may be called; reject the origin of government in the people  individually or collectively。  Satisfied that it has never been  instituted by a voluntary and deliberate act of the people; and  confounding government as a 85                             fact with government as authority;  maintain that government is a spontaneous development of nature。   Nature develops it as the liver secretes bile; as the bee  constructs her cell; or the beaver builds his dam。  Nature;  working by her own laws and inherent energy; develops society;  and society develops government。  That is all the secret。   Questions as to the origin of government or its rights; beyond  the simple positive fact; belong to the theological or  metaphysical stage of the development of nature; but are left  behind when the race has passed beyond that stage; and has  reached the epoch of positive science; in which all; except the  positive fact; is held to be unreal and non…existent。   Government; like every thing else in the universe; is simply a  positive development of nature。  Science explains the laws and  conditions of the development; but disdains to ask for its origin  or ground in any order that transcends the changes of the world  of space and time。
  These philosophers profess to eschew all theory; and yet they  only oppose theory to theory。  The assertion that reality for the  human mind is restricted to the positive facts of the sensible  order; is purely theoretic; and is any thing but a positive fact。   Principles are as really objects of science as facts; and it is  only 86      in the light of principles that facts themselves are  intelligible。  If the human mind had no science of reality that  transcends the sensible order; or the positive fact; it could  have no science at all。  As things exist only in their principles  or causes; so can they be known only in their principles and  causes; for things can be known only as they are; or as they  really exist。  The science that pretends to deduce principles  from particular facts; or to rise from the fact by way of  reasoning to an order that transcends facts; and in which facts  have their origin; is undoubtedly chimerical; and as against that  the positivists are unquestionably right。  But to maintain that  man has no intelligence of any thing beyond the fact; no  intuition or intellectual apprehension of its principle or cause;  is equally chimerical。  The human mind cannot have all science;  but it has real science as far as it goes; and real science is  the knowledge of things as they are; not as they are not。   Sensible facts are not intelligible by themselves; because they  do not exist by themselves; and if the human mind could not  penetrate beyond the individual fact; beyond the mimetic to the  methexic; or transcendental principle; copied or imitated by the  individual fact; it could never know the fact itself。  The error  of modern 87           philosophers; or philosopherlings; is in supposing the  principle is deduced or inferred from the fact; and in denying  that the human mind has direct and immediate intuition of it。
  Something that transcends the sensible order there must be; or  there could be no development; and if we had no science of it; we  could never assert that development is development; or  scientifically explain the laws and conditions of development。   Development is explication; and supposes a germ which precedes  it; and is not itself a development; and development; however far  it may be carried; can never do more than realize the  possibilities of the germ。  Development is not creation; and  cannot supply its own germ。  That at least must be given by the  Creator; for from nothing nothing can be developed。  If authority  has not its germ in nature; it cannot be developed from nature  spontaneously or otherwise。  All government has a governing will;  and without a will that commands; there is no government; and  nature has in her spontaneous developments no will; for she has  no personality。  Reason itself; as distinguished from will; only  presents the end and the means; but does not govern; it  prescribes a rule; but cannot ordain a law。  An imperative will;  the will of a superior who has the right to 88                                             command what reason  dictates or approves; is essential to government; and that will  is not developed from nature; because it has no germ in nature。   So something above and beyond nature must be asserted; or  government itself cannot be asserted; even as a development。   Nature is no more self…sufficing than are the people; or than is  the individual man。
  No doubt there is a natural law; which is law in the proper sense  of the word law; but this is a positive law under which nature is  placed by a sovereign above herself; and is never to be  confounded with those laws of nature so…called; according to  which she is productive as second cause; or produces her effects;  which are not properly laws at all。  Fire burns; water flows;  rain falls; birds fly; fishes swim; food nourishes; poisons kill;  one substance has a chemical affinity for another; the needle  points to the pole; by a natural law; it is said; that is; the  effects are produced by an inherent and uniform natural force。   Laws in this sense are simply physical forces; and are nature  herself。  The natural law; in an ethical sense; is not a physical  law; is not a natural force; but a law impose by the Creator on  all moral creatures; that is; all creatures endowed with reason  and free…will; and is called natural because promul… 89                                                    gated in  natural reason; or the reason common and essential to all moral  creatures。  This is the moral law。  It is what the French call le  droit naturell; natural right; and; as the theologians teach us;  is the transcript of the eternal law; the eternal will or reason  of God。  It is the foundation of all law; and all acts of a state  that contravene it are; as St。 Augustine maintains; violences  rather than laws。  The moral law is no development of nature; for  it is above nature; and is imposed on nature。  The only  development there is about it is in our understanding of it。
  There is; of course; development in nature; for nature considered  as creation has been created in germ; and is completed only in  successive developments。  Hence the origin of space and time。   There would have been no space if there had been no external  creation; and no time if the creation had been completed  externally at once; as it was in relation to the Creator。  Ideal  space is simply the ability of God to externize his creative act;  and actual space is the relation of coexistence in the things  created; ideal time is the ability of God to create existences  with the capacity of being completed by successive d