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行政管理外文翻譯---社會契約論-資料下載頁

2025-05-11 18:10本頁面

【導(dǎo)讀】我要提醒讀者,這一章要仔細地閱讀,否則,我無力進一步說明我的觀點。任何自由的行動一定要擁有兩個同時發(fā)生的因素,一個是決定行動的主觀意念,意愿,其次是我要有行走的能力。政體的行為也有同樣的兩個因素,也可以對它做出這種同樣的力量。和意志之劃分,后者稱為立法權(quán)力而前者是行政權(quán)力。政體的任何行動沒有此兩。者同時的作用都是不能進行的。我們已經(jīng)看到立法權(quán)力必須也只能屬于人民。從我已建立的原則,顯然行政。的,因此它超出了法律的范疇,更超出了主權(quán)者的范疇,后者的行為必然是法律。國家之有政府,根本原因在此。地指認(rèn)為主權(quán)者,但它應(yīng)只是主權(quán)者的代理人而已。是執(zhí)行法律和維護公民的和政治的自由。政府的成員稱為官員或國王,有人堅信人民服從統(tǒng)治者的行為不是一種契約,這是相當(dāng)正確的。任命一種雇傭而已。中負責(zé)的個體或集體稱為統(tǒng)治者或官員。這后一種關(guān)系可被視為介于連續(xù)比例的兩極,而政府。辛對應(yīng)的榮譽地位。

  

【正文】 the people, so that more citizens are magistrates than are mere private individuals. This form of government is called democracy. Or it may restrict the government to a small number, so that there are more private citizens than magistrates。 and this is named aristocracy. Lastly, it may concentrate the whole government in the hands of a single magistrate from whom all others hold their power. This third form is the most usual, and is called monarchy, or royal government. It should be remarked that all these forms, or at least the first two, admit of degree, and even of very wide differences。 for democracy may include the whole people, or may be restricted to half. Aristocracy, in its turn, may be restricted indefinitely from half the people down to the smallest possible number. Even royalty is susceptible of a measure of distribution. Sparta always had two kings, as its constitution provided。 and the Roman Empire saw as many as eight emperors at once, without it being possible to say that the Empire was split up. Thus there is a point at which each form of government passes into the next, and it bees clear that, under three prehensive denominations, government is really susceptible of as many diverse forms as the State has citizens. There are even more: or, as the government may also, in certain aspects, be subdivided into other parts, one administered in one fashion and one in another, the bination of the three forms may result in a multitude of mixed forms, each of which admits of multiplication by all the simple forms. There has been at all times much dispute concerning the best form of government, without consideration of the fact that each is in some cases the best, and in others the worst. If, in the different States, the number of supreme magistrates should be in inverse ratio to the number of citizens, it follows that, generally, democratic government suits small States, aristocratic government those of middle size, and monarchy great ones. This rule is immediately deducible from the principle laid down. But it is impossible to count the innumerable circumstances which may furnish exceptions. 4. Democracy He who makes the law knows better than any one else how it should be executed and interpreted. It seems then impossible to have a better constitution than that in which the executive and legislative powers are united。 but this very fact renders the government in certain respects inadequate, because things which should be distinguished are confounded, and the prince and the Sovereign, being the same person, form, so to speak, no more than a government without government. It is not good for him who makes the laws to execute them, or for the body of the people to turn its attention away from a general standpoint and devote it to particular objects. Nothing is more dangerous than the influence of private interests in public affairs, and the abuse of the laws by the government is a less evil than the corruption of the legislator, which is the inevitable sequel to a particular standpoint. In such a case, the State being altered in substance, all reformation bees impossible, A people that would never misuse governmental powers would never misuse independence。 a people that would always govern well would not need to be governed. If we take the term in the strict sense, there never has been a real democracy, and there never will be. It is against the natural order for the many to govern and the few to be governed. It is unimaginable that the people should remain continually assembled to devote their time to public affairs, and it is clear that they cannot set up missions for that purpose without the form of administration being changed. In fact, I can confidently lay down as a principle that, when the functions of government are shared by several tribunals, the less numerous sooner or later acquire the greatest authority, if only because they are in a position to expedite affairs, and power thus naturally es into their hands. Besides, how many conditions that are difficult to unite does such a government presuppose! First, a very small State, where the people can readily be got together and where each citizen can with ease know all the rest。 secondly, great simplicity of manners, to prevent business from multiplying and raising thorny problems。 next, a large measure of equality in rank and fortune, without which equality of rights and authority cannot long subsist。 lastly, little or no luxury— for luxury either es of riches or makes them necessary。 it corrupts at once rich and poor, the rich by possession and the poor by covetousness。 it sells the country to softness and vanity, and takes away from the State all its citizens, to make them slaves one to another, and one and all to public opinion. This is why a famous writer has made virtue the fundamental principle of Republics。E1 for all these conditions could not exist without virtue. But, for want of the necessary distinctions, that great thinker was often inexact, and sometimes obscure, and did not see that, the sovereign authority being everywhere the same, the same principle should be found in every wellconstituted State, in a greater or less degree, it is true, according to the form of the government. It may be added that there is no government so subject to civil wars and intestine agitations as democratic or popular government, because there is none which has so strong and continual a tendency to change to another form, or which demands more vigilance and courage for its maintenance as it is. Under such a constitution above all, the citizen should arm himself with strength and constancy, and say, every day of his life, what a virtuous Count Palatine said in the Diet of Poland:Malo periculosam libertatem quam quantum seriatim. Were there a people of gods, their government would be
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