CHAPTER XVII. BANISHMENT AND CONFISCATIONS.

 Whosoever disturbs the public peace, or obeys not the laws, that is, the conditions under which men bear with and defend one another, ought to be excluded from society, that is, to be banished¹ from it.

 

Banishment², it would seem, should be employed[181] in the case of those against whom, when accused of an atrocious crime, there is a great probability but not a certainty of guilt³; but for this purpose a statute⁴ is required, as little arbitrary and as precise as possible, condemning⁵ to banishment any man who shall have placed his country in the fatal dilemma⁶ of either fearing him or of injuring him, leaving him, however, the sacred right of proving his innocence⁷. Stronger reasons then should exist to justify⁸ the banishment of a native than of a foreigner, of a man criminated for the first time than of one who has been often so situated⁹.

 

But should a man who is banished and excluded for ever from the society of which he was a member be also deprived of his property? Such a question may be regarded from different points of view. The loss of property is a greater punishment than banishment; there ought, therefore, to be some cases in which, according to his crime, a man should lose the whole, or part, or none of his property. The confiscation¹⁰ of the whole will occur, when the legal sentence of banishment is of a kind to annihilate¹¹ all the ties that exist between society and its offending member; for in such a case the citizen dies, and only the man remains¹²; and with regard to the political body civil death should produce the same effect as natural death. It would seem then that the confiscated¹⁴ property should pass to a man’s lawful¹⁵ heirs rather than[182] to the head of the State, since death and banishment in its extreme form are the same with regard to the body politic¹³. But it is not by this subtlety¹⁶ that I dare to disapprove¹⁷ of confiscations of property. If some have maintained that confiscations have acted as checks on acts of revenge and on the great power of individuals, it is from neglecting to consider that, however much good punishments may effect, they are not for that reason always just, because to be just they must be necessary; and an expedient¹⁸ injustice¹⁹ can be tolerated by no legislator, who wishes to close all doors against watchful²⁰ tyranny, ever ready to hold out flattering hopes, by temporary advantages and by the prosperity of a few persons of celebrity²¹, in disregard of future ruin and of the tears of numberless persons of obscurity. Confiscations place a price on the heads of the feeble, cause the innocent to suffer the punishment of the guilty, and make the commission of crimes a desperate necessity even for the innocent. What sadder sight can there be than that of a family dragged down to infamy²² and misery²³ by the crimes of its head, unable to prevent them by the submission²⁴ imposed on it by the laws, even supposing such prevention to have been within its power!

1 banished   

v.放逐，驱逐( banish的过去式和过去分词 )

参考例句：

• He was banished to Australia, where he died five years later. 他被流放到澳大利亚，五年后在那里去世。
• He was banished to an uninhabited island for a year. 他被放逐到一个无人居住的荒岛一年。 来自《简明英汉词典》

2 banishment   

n.放逐，驱逐

参考例句：

• Qu Yuan suffered banishment as the victim of a court intrigue. 屈原成为朝廷中钩心斗角的牺牲品，因而遭到放逐。 来自《现代汉英综合大词典》
• He was sent into banishment. 他被流放。 来自辞典例句

3 guilt   

n.犯罪；内疚；过失，罪责

参考例句：

• She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
• Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。

4 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

5 condemning   

v.（通常因道义上的原因而）谴责( condemn的现在分词 )；宣判；宣布…不能使用；迫使…陷于不幸的境地

参考例句：

• The government issued a statement condemning the killings. 政府发表声明谴责这些凶杀事件。
• I concur with the speaker in condemning what has been done. 我同意发言者对所做的事加以谴责。 来自《现代英汉综合大词典》

6 dilemma   

n.困境，进退两难的局面

参考例句：

• I am on the horns of a dilemma about the matter.这件事使我进退两难。
• He was thrown into a dilemma.他陷入困境。

7 innocence   

n.无罪；天真；无害

参考例句：

• There was a touching air of innocence about the boy.这个男孩有一种令人感动的天真神情。
• The accused man proved his innocence of the crime.被告人经证实无罪。

8 justify   

vt.证明…正当(或有理)，为…辩护

参考例句：

• He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
• Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗？

9 situated   

adj.坐落在...的，处于某种境地的

参考例句：

• The village is situated at the margin of a forest.村子位于森林的边缘。
• She is awkwardly situated.她的处境困难。

10 confiscation   

n. 没收, 充公, 征收

参考例句：

• Confiscation of the property of all emigrants and rebels. 没收一切流亡分子和叛乱分子的财产。 来自英汉非文学 - 共产党宣言
• Confiscation of smuggled property is part of the penalty for certain offences. 没收走私财产是对某些犯罪予以惩罚的一部分。

11 annihilate   

v.使无效；毁灭；取消

参考例句：

• Archer crumpled up the yellow sheet as if the gesture could annihilate the news it contained.阿切尔把这张黄纸揉皱，好象用这个动作就会抹掉里面的消息似的。
• We should bear in mind that we have to annihilate the enemy.我们要把歼敌的重任时刻记在心上。

12 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。

13 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。

14 confiscated   

没收，充公( confiscate的过去式和过去分词 )

参考例句：

• Their land was confiscated after the war. 他们的土地在战后被没收。
• The customs officer confiscated the smuggled goods. 海关官员没收了走私品。

15 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。

16 subtlety   

n.微妙，敏锐，精巧；微妙之处，细微的区别

参考例句：

• He has shown enormous strength,great intelligence and great subtlety.他表现出充沛的精力、极大的智慧和高度的灵活性。
• The subtlety of his remarks was unnoticed by most of his audience.大多数听众都没有觉察到他讲话的微妙之处。

17 disapprove   

v.不赞成，不同意，不批准

参考例句：

• I quite disapprove of his behaviour.我很不赞同他的行为。
• She wants to train for the theatre but her parents disapprove.她想训练自己做戏剧演员，但她的父母不赞成。

18 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。

19 injustice   

n.非正义，不公正，不公平，侵犯（别人的）权利

参考例句：

• They complained of injustice in the way they had been treated.他们抱怨受到不公平的对待。
• All his life he has been struggling against injustice.他一生都在与不公正现象作斗争。

20 watchful   

adj.注意的，警惕的

参考例句：

• The children played under the watchful eye of their father.孩子们在父亲的小心照看下玩耍。
• It is important that health organizations remain watchful.卫生组织保持警惕是极为重要的。

21 celebrity   

n.名人，名流；著名，名声，名望

参考例句：

• Tom found himself something of a celebrity. 汤姆意识到自己已小有名气了。
• He haunted famous men, hoping to get celebrity for himself. 他常和名人在一起, 希望借此使自己获得名气。

22 infamy   

n.声名狼藉，出丑，恶行

参考例句：

• They may grant you power,honour,and riches but afflict you with servitude,infamy,and poverty.他们可以给你权力、荣誉和财富，但却用奴役、耻辱和贫穷来折磨你。
• Traitors are held in infamy.叛徒为人所不齿。

23 misery   

n.痛苦，苦恼，苦难；悲惨的境遇，贫苦

参考例句：

• Business depression usually causes misery among the working class.商业不景气常使工薪阶层受苦。
• He has rescued me from the mire of misery.他把我从苦海里救了出来。

24 submission   

n.服从，投降；温顺，谦虚；提出

参考例句：

• The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。
• No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。