That lucrative1 practice of positive law, designed for the dispensation of earthly things, the more useful it is found by the children of this world, so much the less does it aid the children of light in comprehending the mysteries of holy writ2 and the secret sacraments of the faith, seeing that it disposes us peculiarly to the friendship of the world, by which man, as S. James testifies, is made the enemy of God. Law indeed encourages rather than extinguishes the contentions4 of mankind, which are the result of unbounded greed, by complicated laws, which can be turned either way; though we know that it was created by jurisconsults and pious5 princes for the purpose of assuaging6 these contentions. But in truth, as the same science deals with contraries, and the power of reason can be used to opposite ends, and at the same the human mind is more inclined to evil, it happens with the practisers of this science that they usually devote themselves to promoting contention3 rather than peace, and instead of quoting laws according to the intent of the legislator, violently strain the language thereof to effect their own purposes.
Wherefore, although the over-mastering love of books has possessed7 our mind from boyhood, and to rejoice in their delights has been our only pleasure, yet the appetite for the books of the civil law took less hold of our affections, and we have spent but little labour and expense in acquiring volumes of this kind. For they are useful only as the scorpion8 in treacle9, as Aristotle, the sun of science, has said of logic10 in his book De Pomo. We have noticed a certain manifest difference of nature between law and science, in that every science is delighted and desires to open its inward parts and display the very heart of its principles, and to show forth11 the roots from which it buds and flourishes, and that the emanation of its springs may be seen of all men; for thus from the cognate12 and harmonious13 light of the truth of conclusion to principles, the whole body of science will be full of light, having no part dark. But laws, on the contrary, since they are only human enactments14 for the regulation of social life, or the yokes15 of princes thrown over the necks of their subjects, refuse to be brought to the standard of synteresis, the origin of equity16, because they feel that they possess more of arbitrary will than rational judgment17. Wherefore the judgment of the wise for the most part is that the causes of laws are not a fit subject of discussion. In truth, many laws acquire force by mere18 custom, not by syllogistic19 necessity, like the arts: as Aristotle, the Phoebus of the Schools, urges in the second book of the Politics, where he confutes the policy of Hippodamus, which holds out rewards to the inventors of new laws, because to abrogate20 old laws and establish new ones is to weaken the force of those which exist. For whatever receives its stability from use alone must necessarily be brought to nought21 by disuse.
From which it is seen clearly enough, that as laws are neither arts nor sciences, so books of law cannot properly be called books of art or science. Nor is this faculty22 which we may call by a special term geologia, or the earthly science, to be properly numbered among the sciences. Now the books of the liberal arts are so useful to the divine writings, that without their aid the intellect would vainly aspire23 to understand them.
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1 lucrative | |
adj.赚钱的,可获利的 | |
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2 writ | |
n.命令状,书面命令 | |
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3 contention | |
n.争论,争辩,论战;论点,主张 | |
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4 contentions | |
n.竞争( contention的名词复数 );争夺;争论;论点 | |
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5 pious | |
adj.虔诚的;道貌岸然的 | |
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6 assuaging | |
v.减轻( assuage的现在分词 );缓和;平息;使安静 | |
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7 possessed | |
adj.疯狂的;拥有的,占有的 | |
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8 scorpion | |
n.蝎子,心黑的人,蝎子鞭 | |
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9 treacle | |
n.糖蜜 | |
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10 logic | |
n.逻辑(学);逻辑性 | |
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11 forth | |
adv.向前;向外,往外 | |
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12 cognate | |
adj.同类的,同源的,同族的;n.同家族的人,同源词 | |
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13 harmonious | |
adj.和睦的,调和的,和谐的,协调的 | |
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14 enactments | |
n.演出( enactment的名词复数 );展现;规定;通过 | |
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15 yokes | |
轭( yoke的名词复数 ); 奴役; 轭形扁担; 上衣抵肩 | |
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16 equity | |
n.公正,公平,(无固定利息的)股票 | |
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17 judgment | |
n.审判;判断力,识别力,看法,意见 | |
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18 mere | |
adj.纯粹的;仅仅,只不过 | |
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19 syllogistic | |
adj.三段论法的,演绎的,演绎性的 | |
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20 abrogate | |
v.废止,废除 | |
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21 nought | |
n./adj.无,零 | |
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22 faculty | |
n.才能;学院,系;(学院或系的)全体教学人员 | |
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23 aspire | |
vi.(to,after)渴望,追求,有志于 | |
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