Chapter IV. Of the Functions of Supreme Authorities.

THAT the right of the supreme¹ 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 dominion², whereby all ought to be guided; and accordingly, that such authorities alone have the right of deciding what is good, evil, equitable³, or iniquitous⁴, that is, what must be done or left undone⁵ by the subjects severally or collectively. And, accordingly, we saw that they have the sole right of laying down laws, and of interpreting the same, whenever their meaning is disputed, and of deciding whether a given case is in conformity⁶ with or violation⁷ of the law (Chap. III. Secs. 3-5); and, lastly, of waging war, and of drawing up and offering propositions for peace, or of accepting such when offered (Chap. III. Secs. 12, 13).

2. 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. 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 fortify⁸ cities, levy⁹ 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.

3. 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 commonwealth¹⁰.

4. But it is often asked, whether the supreme authority is bound by laws, and, consequently, whether it can do wrong. 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 things, and especially to the general rules of reason, we cannot, without qualification, say that the commonwealth is bound by no laws, or can do no wrong. 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 chimera¹². 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 dictate¹³ of reason. For a commonwealth is most independent when it acts according to the dictate of reason (Chap. III. Sec. 7); so far, then, as it acts against reason, it fails itself, or does wrong. And we shall be able more easily to understand 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. 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. 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 ridicule¹⁴ or disgust. But it is implied, that there are certain intervening circumstances, which supposed, one likewise supposes the reverence¹⁵ 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. The commonwealth, then, to maintain its independence, is bound to preserve the causes of fear and reverence, otherwise it ceases to be a commonwealth. For the person or persons that hold dominion, can no more combine with the keeping up of majesty¹⁶ 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. But to proceed to slay¹⁷ and rob subjects, ravish maidens¹⁸, and the like, turns fear into indignation and the civil state into a state of enmity.

5. We see, then, in what sense we may say, that a commonwealth is bound by laws and can do wrong. 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. For the maxims¹⁹ and motives²⁰ of fear and reverence, which a commonwealth is bound to observe in its own interest, pertain²¹ not to civil jurisprudence, but to the law of nature, since (Sec. 4) they cannot be vindicated²² by the civil law, but by the law of war. And a commonwealth is bound by them in no other sense than that in which in the state of nature a man is bound to take heed²⁴, that he preserve his independence 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. But civil jurisprudence depends on the mere¹¹ decree of the commonwealth, 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. And, accordingly, it has not merely the right to avenge²⁵ 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.

6. Contracts or laws, whereby the multitude transfers its right to one council or man, should without doubt be broken, when it is expedient²⁶ for the general welfare to do so. 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 (Sec. 3); therefore of these laws he who holds dominion remains²⁷ sole interpreter. Moreover, no private person can by right vindicate²³ these laws, and so they do not really bind²⁸ him who holds dominion. 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. 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 state of nature to beware of being his own enemy, lest he should destroy himself, as we said in the last section.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 dominion   

n.统治，管辖，支配权；领土，版图

参考例句：

• Alexander held dominion over a vast area.亚历山大曾统治过辽阔的地域。
• In the affluent society,the authorities are hardly forced to justify their dominion.在富裕社会里，当局几乎无需证明其统治之合理。

3 equitable   

adj.公平的；公正的

参考例句：

• This is an equitable solution to the dispute. 这是对该项争议的公正解决。
• Paying a person what he has earned is equitable. 酬其应得,乃公平之事。

4 iniquitous   

adj.不公正的；邪恶的；高得出奇的

参考例句：

• Many historians,of course,regard this as iniquitous.当然，许多历史学家认为这是极不公正的。
• Men of feeling may at any moment be killed outright by the iniquitous and the callous.多愁善感的人会立即被罪恶的人和无情的人彻底消灭。

5 undone   

a.未做完的，未完成的

参考例句：

• He left nothing undone that needed attention.所有需要注意的事他都注意到了。

6 conformity   

n.一致，遵从，顺从

参考例句：

• Was his action in conformity with the law?他的行动是否合法？
• The plan was made in conformity with his views.计划仍按他的意见制定。

7 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

8 fortify   

v.强化防御，为…设防；加强，强化

参考例句：

• This country will fortify the coastal areas.该国将加强沿海地区的防御。
• This treaty forbade the United States to fortify the canal.此条约禁止美国对运河设防。

9 levy   

n.征收税或其他款项，征收额

参考例句：

• They levy a tax on him.他们向他征税。
• A direct food levy was imposed by the local government.地方政府征收了食品税。

10 commonwealth   

n.共和国，联邦，共同体

参考例句：

• He is the chairman of the commonwealth of artists.他是艺术家协会的主席。
• Most of the members of the Commonwealth are nonwhite.英联邦的许多成员国不是白人国家。

11 mere   

adj.纯粹的；仅仅，只不过

参考例句：

• That is a mere repetition of what you said before.那不过是重复了你以前讲的话。
• It's a mere waste of time waiting any longer.再等下去纯粹是浪费时间。

12 chimera   

n.神话怪物；梦幻

参考例句：

• Religious unity remained as much a chimera as ever.宗教统一仍然和从前一样，不过是个妄想。
• I am fighting against my chimera.我在与狂想抗争。

13 dictate   

v.口授；(使)听写；指令，指示，命令

参考例句：

• It took him a long time to dictate this letter.口述这封信花了他很长时间。
• What right have you to dictate to others?你有什么资格向别人发号施令？

14 ridicule   

v.讥讽，挖苦；n.嘲弄

参考例句：

• You mustn't ridicule unfortunate people.你不该嘲笑不幸的人。
• Silly mistakes and queer clothes often arouse ridicule.荒谬的错误和古怪的服装常会引起人们的讪笑。

15 reverence   

n.敬畏，尊敬，尊严；Reverence:对某些基督教神职人员的尊称；v.尊敬，敬畏，崇敬

参考例句：

• He was a bishop who was held in reverence by all.他是一位被大家都尊敬的主教。
• We reverence tradition but will not be fettered by it.我们尊重传统，但不被传统所束缚。

16 majesty   

n.雄伟，壮丽，庄严，威严；最高权威，王权

参考例句：

• The king had unspeakable majesty.国王有无法形容的威严。
• Your Majesty must make up your mind quickly!尊贵的陛下，您必须赶快做出决定！

17 slay   

v.杀死，宰杀，杀戮

参考例句：

• He intended to slay his father's murderer.他意图杀死杀父仇人。
• She has ordered me to slay you.她命令我把你杀了。

18 maidens   

处女( maiden的名词复数 )； 少女； 未婚女子； （板球运动）未得分的一轮投球

参考例句：

• stories of knights and fair maidens 关于骑士和美女的故事
• Transplantation is not always successful in the matter of flowers or maidens. 花儿移栽往往并不成功，少女们换了环境也是如此。 来自英汉文学 - 嘉莉妹妹

19 maxims   

n.格言，座右铭( maxim的名词复数 )

参考例句：

• Courts also draw freely on traditional maxims of construction. 法院也自由吸收传统的解释准则。 来自英汉非文学 - 行政法
• There are variant formulations of some of the maxims. 有些准则有多种表达方式。 来自辞典例句

20 motives   

n.动机，目的( motive的名词复数 )

参考例句：

• to impeach sb's motives 怀疑某人的动机
• His motives are unclear. 他的用意不明。

21 pertain   

v.(to)附属，从属；关于；有关；适合，相称

参考例句：

• His remark did not pertain to the question.他的话同这个问题不相干。
• It does not pertain to you to instruct him.你不适合教训他。

22 vindicated   

v.澄清（某人/某事物）受到的责难或嫌疑( vindicate的过去式和过去分词 )；表明或证明（所争辩的事物）属实、正当、有效等；维护

参考例句：

• I have every confidence that this decision will be fully vindicated. 我完全相信这一决定的正确性将得到充分证明。
• Subsequent events vindicated the policy. 后来的事实证明那政策是对的。 来自《简明英汉词典》

23 vindicate   

v.为…辩护或辩解，辩明；证明…正确

参考例句：

• He tried hard to vindicate his honor.他拼命维护自己的名誉。
• How can you vindicate your behavior to the teacher?你怎样才能向老师证明你的行为是对的呢？

24 heed   

v.注意，留意；n.注意，留心

参考例句：

• You must take heed of what he has told.你要注意他所告诉的事。
• For the first time he had to pay heed to his appearance.这是他第一次非得注意自己的外表不可了。

25 avenge   

v.为...复仇，为...报仇

参考例句：

• He swore to avenge himself on the mafia.他发誓说要向黑手党报仇。
• He will avenge the people on their oppressor.他将为人民向压迫者报仇。

26 expedient   

adj.有用的，有利的；n.紧急的办法，权宜之计

参考例句：

• The government found it expedient to relax censorship a little.政府发现略微放宽审查是可取的。
• Every kind of expedient was devised by our friends.我们的朋友想出了各种各样的应急办法。

27 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

28 bind   

vt.捆，包扎；装订；约束；使凝固；vi.变硬

参考例句：

• I will let the waiter bind up the parcel for you.我让服务生帮你把包裹包起来。
• He wants a shirt that does not bind him.他要一件不使他觉得过紧的衬衫。