CHAPTER V

 THE RIGHT OF LIFE AND DEATH

 

The question is often asked how individuals, having no right to dispose of their own lives, can transfer to the Sovereign a right which they do not possess. The difficulty of answering this question seems to me to lie in its being wrongly stated. Every man has a right to risk his own life in order to preserve it. Has it ever, been said that a man who throws himself out of the window to escape from a fire is guilty of suicide? Has such a crime ever been laid to the charge of him who perishes in a storm because, when he went on board, he knew of the danger?

The social treaty has for its end the preservation¹ of the contracting parties. He who wills the end wills the means also, and the means must involve some risks, and even some losses. He who wishes to preserve his life at others expense should also, when it is necessary, be ready to give it up for their sake. Furthermore, the citizen is no longer the judge of the dangers to which the law desires him to expose himself; and when the prince says to him: "It is expedient² for the State that you should die," he ought to die, because it is only on that condition that he has been living in security up to the present, and because his life is no longer a mere³ bounty⁴ of nature, but a gift made conditionally⁵ by the State.

The death-penalty inflicted⁶ upon criminals may be looked on in much the same light: it is in order that we may not fall victims to an assassin that we consent to die if we ourselves turn assassins. In this treaty, so far from disposing of our own lives, we think only of securing them, and it is not to be assumed that any of the parties then expects to get hanged.

Again, every malefactor⁷, by attacking social rights, becomes on forfeit⁸ a rebel and a traitor⁹ to his country; by violating its laws he ceases to be a member of it; he even makes war upon it. In such a case the preservation of the State is inconsistent with his own, and one or the other must perish; in putting the guilty to death, we slay¹⁰ not so much the citizen as an enemy. The trial and the judgment¹¹ are the proofs that he has broken the social treaty, and is in consequence no longer a member of the State. Since, then, he has recognised himself to be such by living there, he must be removed by exile as a violator of the compact, or by death as a public enemy; for such an enemy is not a moral person, but merely a man; and in such a case the right of war is to kill the vanquished¹².

But, it will be said, the condemnation¹³ of a criminal is a particular act. I admit it: but such condemnation is not a function of the Sovereign; it is a right the Sovereign can confer without being able itself to exert it. All my ideas are consistent, but I cannot expound¹⁴ them all at once.

We may add that frequent punishments are always a sign of weakness or remissness¹⁵ on the part of the government. There is not a single ill-doer who could not be turned to some good. The State has no right to put to death, even for the sake of making an example, any one whom it can leave alive without danger.

The right of pardoning or exempting¹⁶ the guilty from a penalty imposed by the law and pronounced by the judge belongs only to the authority which is superior to both judge and law, i.e. the Sovereign; even its right in this matter is far from clear, and the cases for exercising it are extremely rare. In a well-governed State, there are few punishments, not because there are many pardons, but because criminals are rare; it is when a State is in decay that the multitude of crimes is a guarantee of impunity¹⁷. Under the Roman Republic, neither the Senate nor the Consuls¹⁸ ever attempted to pardon; even the people never did so, though it sometimes revoked¹⁹ its own decision. Frequent pardons mean that crime will soon need them no longer, and no-one can help seeing whither that leads. But I feel my heart protesting and restraining my pen; let us leave these questions to the just man who has never offended, and would himself stand in no need of pardon.

1 preservation   

n.保护，维护，保存，保留，保持

参考例句：

• The police are responsible for the preservation of law and order.警察负责维持法律与秩序。
• The picture is in an excellent state of preservation.这幅画保存得极为完好。

2 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。

3 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。

4 bounty   

n.慷慨的赠予物，奖金；慷慨，大方；施与

参考例句：

• He is famous for his bounty to the poor.他因对穷人慷慨相助而出名。
• We received a bounty from the government.我们收到政府给予的一笔补助金。

5 conditionally   

adv. 有条件地

参考例句：

• We will provide necessary English training to the new employees conditionally. 公司将为员工提供必要的英语培训。
• China should conditionally support and participate in the coordination. 我国对此宜持有条件支持并参与的立场。

6 inflicted   

把…强加给，使承受，遭受( inflict的过去式和过去分词 )

参考例句：

• They inflicted a humiliating defeat on the home team. 他们使主队吃了一场很没面子的败仗。
• Zoya heroically bore the torture that the Fascists inflicted upon her. 卓娅英勇地承受法西斯匪徒加在她身上的酷刑。

7 malefactor   

n.罪犯

参考例句：

• If he weren't a malefactor,we wouldn't have brought him before you.如果他不是坏人，我们是不会把他带来见你的。
• The malefactor was sentenced to death.这个罪犯被判死刑。

8 forfeit   

vt.丧失；n.罚金，罚款，没收物

参考例句：

• If you continue to tell lies,you will forfeit the good opinion of everyone.你如果继续撒谎，就会失掉大家对你的好感。
• Please pay for the forfeit before you borrow book.在你借书之前请先付清罚款。

9 traitor   

n.叛徒，卖国贼

参考例句：

• The traitor was finally found out and put in prison.那个卖国贼终于被人发现并被监禁了起来。
• He was sold out by a traitor and arrested.他被叛徒出卖而被捕了。

10 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。

11 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

12 vanquished   

v.征服( vanquish的过去式和过去分词 )；战胜；克服；抑制

参考例句：

• She had fought many battles, vanquished many foes. 她身经百战，挫败过很多对手。 来自《简明英汉词典》
• I vanquished her coldness with my assiduity. 我对她关心照顾从而消除了她的冷淡。 来自《现代英汉综合大词典》

13 condemnation   

n.谴责; 定罪

参考例句：

• There was widespread condemnation of the invasion. 那次侵略遭到了人们普遍的谴责。
• The jury's condemnation was a shock to the suspect. 陪审团宣告有罪使嫌疑犯大为震惊。

14 expound   

v.详述；解释；阐述

参考例句：

• Why not get a diviner to expound my dream?为什么不去叫一个占卜者来解释我的梦呢？
• The speaker has an hour to expound his views to the public.讲演者有1小时时间向公众阐明他的观点。

15 remissness   

n.玩忽职守；马虎；怠慢；不小心

参考例句：

16 exempting   

使免除[豁免]( exempt的现在分词 )

参考例句：

• EPA adopted regulations exempting discharges from agricultural activities, with certain exceptions for relatively major pollution sources. 环境保护局采用管制规章，禁止源自农业活动的各种排放，对于一些相关的大型污染源也有例外。 来自英汉非文学 - 环境法 - 环境法

17 impunity   

n.(惩罚、损失、伤害等的)免除

参考例句：

• You will not escape with impunity.你不可能逃脱惩罚。
• The impunity what compulsory insurance sets does not include escapement.交强险规定的免责范围不包括逃逸。

18 consuls   

领事( consul的名词复数 )； （古罗马共和国时期）执政官 （古罗马共和国及其军队的最高首长，同时共有两位，每年选举一次）

参考例句：

• American consuls warned that millions more were preparing to leave war-ravaged districts. 美国驻外领事们预告，还有几百万人正在准备离开战争破坏的地区。
• The legionaries, on their victorious return, refused any longer to obey the consuls. 军团士兵在凯旋归国时，不肯服从执政官的命令。

19 revoked   

adj.[法]取消的v.撤销，取消，废除( revoke的过去式和过去分词 )

参考例句：

• It may be revoked if the check is later dishonoured. 以后如支票被拒绝支付，结算可以撤销。 来自辞典例句
• A will is revoked expressly. 遗嘱可以通过明示推翻。 来自辞典例句