CHAPTER III. CONSEQUENCES.

 The first consequence of these principles is, that the laws alone can decree punishments for crimes, and this authority can only rest with the legislator, who represents collective society as united by a social contract. No magistrate¹ (who is part of society) can justly inflict² punishments upon another member of the same society. But since a punishment that exceeds the legally fixed³ limit is the lawful⁴ punishment plus another one, a magistrate can, under no pretext⁵ of zeal⁶ or the public good, add to the penalty already decreed against a delinquent⁷ citizen.

 

The second consequence is, that the sovereign, who represents society itself, can only form general laws, obligatory⁸ on all; he cannot judge whether[125] any one in particular has broken the social compact, for in that case the nation would be divided into two parties, one represented by the sovereign, asserting the violation⁹ of such contract; the other by the accused, denying the same. Hence the necessity of a third person to judge of the fact; in other words, of a magistrate, whose decisions shall simply consist of affirmations or denials of particular facts, and shall also be subject to no appeal.

 

The third consequence is this: if it were proved that the severity of punishments were simply useless (to say nothing of being directly opposed to the public good and to the very object of preventing crimes), even in that case it would be contrary not only to those beneficent virtues¹⁰ that flow from an enlightened reason, which prefers to rule over happy human beings than over a flock of slaves, the constant victims of timid cruelty, but it would be also contrary to justice and to the nature of the social contract itself.

1 magistrate   

n.地方行政官，地方法官，治安官

参考例句：

• The magistrate committed him to prison for a month.法官判处他一个月监禁。
• John was fined 1000 dollars by the magistrate.约翰被地方法官罚款1000美元。

2 inflict   

vt.(on)把…强加给，使遭受，使承担

参考例句：

• Don't inflict your ideas on me.不要把你的想法强加于我。
• Don't inflict damage on any person.不要伤害任何人。

3 fixed   

adj.固定的，不变的，准备好的；(计算机)固定的

参考例句：

• Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？
• Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

4 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

5 pretext   

n.借口，托词

参考例句：

• He used his headache as a pretext for not going to school.他借口头疼而不去上学。
• He didn't attend that meeting under the pretext of sickness.他以生病为借口，没参加那个会议。

6 zeal   

n.热心，热情，热忱

参考例句：

• Revolutionary zeal caught them up,and they joined the army.革命热情激励他们，于是他们从军了。
• They worked with great zeal to finish the project.他们热情高涨地工作，以期完成这个项目。

7 delinquent   

adj.犯法的，有过失的；n.违法者

参考例句：

• Most delinquent children have deprived backgrounds.多数少年犯都有未受教育的背景。
• He is delinquent in paying his rent.他拖欠房租。

8 obligatory   

adj.强制性的，义务的，必须的

参考例句：

• It is obligatory for us to obey the laws.我们必须守法。
• It is obligatory on every citizen to safeguard our great motherland.保卫我们伟大的祖国是每一个公民应尽的义务。

9 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。

10 virtues   

美德( virtue的名词复数 )； 德行； 优点； 长处

参考例句：

• Doctors often extol the virtues of eating less fat. 医生常常宣扬少吃脂肪的好处。
• She delivered a homily on the virtues of family life. 她进行了一场家庭生活美德方面的说教。