CHAPTER XVI

 THAT THE INSTITUTION OF GOVERNMENT IS NOT A CONTRACT

 

The legislative¹ power once well established, the next thing is to establish similarly the executive power; for this latter, which operates only by particular acts, not being of the essence of the former, is naturally separate from it. Were it possible for the Sovereign, as such, to possess the executive power, right and fact would be so confounded that no one could tell what was law and what was not; and the body politic², thus disfigured, would soon fall a prey³ to the violence it was instituted to prevent.

As the citizens, by the social contract, are all equal, all can prescribe what all should do, but no one has a right to demand that another shall do what he does not do himself. It is strictly⁴ this right, which is indispensable for giving the body politic life and movement, that the Sovereign, in instituting the government, confers upon the prince.

It has been held that this act of establishment was a contract between the people and the rulers it sets over itself.—a contract in which conditions were laid down between the two parties binding⁵ the one to command and the other to obey. It will be admitted, I am sure, that this is an odd kind of contract to enter into. But let us see if this view can be upheld.

First, the supreme⁷ authority can no more be modified than it can be alienated⁸; to limit it is to destroy it. It is absurd and contradictory⁹ for the Sovereign to set a superior over itself; to bind⁶ itself to obey a master would be to return to absolute liberty.

Moreover, it is clear that this contract between the people and such and such persons would be a particular act; and from this it follows that it can be neither a law nor an act of Sovereignty, and that consequently it would be illegitimate.

It is plain too that the contracting parties in relation to each other would be under the law of nature alone and wholly without guarantees of their mutual¹⁰ undertakings¹¹, a position wholly at variance¹² with the civil state. He who has force at his command being always in a position to control execution, it would come to the same thing if the name "contract" were given to the act of one man who said to another; "I give you all my goods, on condition that you give me back as much of them as you please."

There is only one contract in the State, and that is the act of association, which in itself excludes the existence of a second. It is impossible to conceive of any public contract that would not be a violation¹³ of the first.

1 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

2 politic   

adj.有智虑的；精明的；v.从政

参考例句：

• He was too politic to quarrel with so important a personage.他很聪明，不会与这么重要的人争吵。
• The politic man tried not to offend people.那个精明的人尽量不得罪人。

3 prey   

n.被掠食者，牺牲者，掠食；v.捕食，掠夺，折磨

参考例句：

• Stronger animals prey on weaker ones.弱肉强食。
• The lion was hunting for its prey.狮子在寻找猎物。

4 strictly   

adv.严厉地，严格地；严密地

参考例句：

• His doctor is dieting him strictly.他的医生严格规定他的饮食。
• The guests were seated strictly in order of precedence.客人严格按照地位高低就座。

5 binding   

有约束力的，有效的，应遵守的

参考例句：

• The contract was not signed and has no binding force. 合同没有签署因而没有约束力。
• Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

6 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。

7 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。

8 alienated   

adj.感到孤独的，不合群的v.使疏远( alienate的过去式和过去分词 )；使不友好；转让；让渡（财产等）

参考例句：

• His comments have alienated a lot of young voters. 他的言论使许多年轻选民离他而去。
• The Prime Minister's policy alienated many of her followers. 首相的政策使很多拥护她的人疏远了她。 来自《简明英汉词典》

9 contradictory   

adj.反驳的，反对的，抗辩的；n.正反对，矛盾对立

参考例句：

• The argument is internally contradictory.论据本身自相矛盾。
• What he said was self-contradictory.他讲话前后不符。

10 mutual   

adj.相互的，彼此的；共同的，共有的

参考例句：

• We must pull together for mutual interest.我们必须为相互的利益而通力合作。
• Mutual interests tied us together.相互的利害关系把我们联系在一起。

11 undertakings   

企业( undertaking的名词复数 )； 保证； 殡仪业； 任务

参考例句：

• The principle of diligence and frugality applies to all undertakings. 勤俭节约的原则适用于一切事业。
• Such undertakings require the precise planning and foresight of military operations. 此举要求军事上战役中所需要的准确布置和预见。

12 variance   

n.矛盾，不同

参考例句：

• The question of woman suffrage sets them at variance. 妇女参政的问题使他们发生争执。
• It is unnatural for brothers to be at variance. 兄弟之间不睦是不近人情的。

13 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。