The Philosophy of Spinoza by Benedictus de Spinoza (e textbook reader .txt) 📕

break his compacts, unless he be restrained by the hope of some greater good, or the fear of some greater evil.

However, as we have shown that the natural right of the individual is only limited by his power, it is clear that by transferring, either willingly or under compulsion, this power into the hands of another, he in so doing necessarily cedes also a part of his right; and, further, that the sovereign right over all men belongs to him who has sovereign power, wherewith he can compel men by force, or restrain them by threats of the universally feared punishment of death. Such sovereign right he will retain only so long as he can maintain his power of enforcing his will; otherwise he will totter on his throne, and no one who is stronger than he will be bound unwillingly to obey him.

In this manner a society can be formed without any violation of natural right, and the covenant can always be strictly kept—that is, if each individual hands over the whole of his power to the body politic, the latter will then possess sovereign natural right over all things; that is, it will have sole and unquestioned dominion, and every one will be bound to obey, under pain of the severest punishment. A body politic of this kind is called a Democracy, which may be defined as a society which wields all its power as a whole. The sovereign power is not restrained by any laws, but every one is bound to obey it in all things; such is the state of things implied when men either tacitly or expressly handed over to it all their power of self-defense, or in other words, all their right. For if they had wished to retain any right for themselves, they ought to have taken precautions for its defense and preservation. As they have not done so, and indeed could not have done so without dividing and consequently ruining the state, they placed themselves absolutely at the mercy of the sovereign power; and, therefore, having acted (as we have shown) as reason and necessity demanded, they are obliged to fulfill the commands of the sovereign power, however absurd these may be, else they will be public enemies, and will act against reason, which urges the preservation of the state as a primary duty. For reason bids us choose the lesser of two evils.

Furthermore, this danger of submitting absolutely to the dominion and will of another, is one which may be incurred with a light heart: for we have shown that sovereigns only possess this right of imposing their will, so long as they have the full power to enforce it. If such power be lost their right to command is lost also, or lapses to those who have assumed it and can keep it. Thus it is very rare for sovereigns to impose thoroughly irrational commands, for they are bound to consult their own interests, and retain their power by consulting the public good and acting according to the dictates of reason, as Seneca says, "violenta imperia nemo continuit diu." No one can long retain a tyrant's sway.

In a democracy, irrational commands are still less to be feared: for it is almost impossible that the majority of a people, especially if it be a large one, should agree in an irrational design: and, moreover, the basis and aim of a democracy is to avoid the desires as irrational, and to bring men as far as possible under the control of reason, so that they may live in peace and harmony. If this basis be removed the whole fabric falls to ruin.

Such being the ends in view for the sovereign power, the duty of subjects is, as I have said, to obey its commands, and to recognize no right save that which it sanctions.

It will, perhaps, be thought that we are turning subjects into slaves, for slaves obey commands and free men live as they like; but this idea is based on a misconception, for the true slave is he who is led away by his pleasures and can neither see what is good for him nor act accordingly: he alone is free who lives with free consent under the entire guidance of reason.

Action in obedience to orders does take away freedom in a certain sense, but it does not, therefore, make a man a slave; all depends on the object of the action. If the object of the action be the good of the state, and not the good of the agent, the latter is a slave and does himself no good; but in a state or kingdom where the weal of the whole people, and not that of the ruler, is the supreme law, obedience to the sovereign power does not make a man a slave, of no use to himself, but a subject. Therefore, that state is the freest whose laws are founded on sound reason, so that every member of it may, if he will, be free;[34] that is, live with full consent under the entire guidance of reason.

Children, though they are bound to obey all the commands of their parents, are yet not slaves; for the commands of parents look generally to the children's benefit.

We must, therefore, acknowledge a great difference between a slave, a son, and a subject; their positions may be thus defined. A slave is one who is bound to obey his master's orders, though they are given solely in the master's interest; a son is one who obeys his father's orders, given in his own interest; a subject obeys the orders of the sovereign power, given for the common interest, wherein he is included.

I think I have now shown sufficiently clearly the basis of a democracy. I have especially desired to do so, for I believe it to be of all forms of government the most natural, and the most consonant with individual liberty. In it no one transfers his natural right so absolutely that he has no further voice in affairs; he only hands it over to the majority of a society, whereof he is a unit. Thus all men remain, as they were in the state of Nature, equals.

This is the only form of government which I have treated of at length, for it is the one most akin to my purpose of showing the benefits of freedom in a state.

I may pass over the fundamental principles of other forms of government, for we may gather from what has been said whence their right arises without going into its origin. The possessor of sovereign power, whether he be one, or many, or the whole body politic, has the sovereign right of imposing any commands he pleases; and he who has either voluntarily, or under compulsion, transferred the right to defend him to another, has, in so doing, renounced his natural right and is therefore bound to obey, in all things, the commands of the sovereign power; and will be bound so to do so long as the king, or nobles, or the people preserve the sovereign power which formed the basis of the original transfer. I need add no more.

The bases and rights of dominion being thus displayed, we shall readily be able to define private civil right, wrong, justice, and injustice, with their relations to the state; and also to determine what constitutes an ally, or an enemy, or the crime of treason.

By private civil right we can only mean the liberty every man possesses to preserve his existence, a liberty limited by the edicts of the sovereign power, and preserved only by its authority. For when a man has transferred to another his right of living as he likes, which was only limited by his power, that is, has transferred his liberty and power of self-defense, he is bound to live as that other dictates, and to trust to him entirely for his defense. Wrong takes place when a citizen, or subject, is forced by another to undergo some loss or pain in contradiction to the authority of the law, or the edict of the sovereign power.

Wrong is conceivable only in an organized community; nor can it ever accrue to subjects from any act of the sovereign, who has the right to do what he likes. It can only arise, therefore, between private persons, who are bound by law and right not to injure one another. Justice consists in the habitual rendering to every man his lawful due; injustice consists in depriving a man, under the pretense of legality, of what the laws, rightly interpreted, would allow him. These last are also called equity and inequity, because those who administer the laws are bound to show no respect of persons, but to account all men equal, and to defend every man's right equally, neither envying the rich nor despising the poor.

The men of two states become allies, when for the sake of avoiding war, or for some other advantage, they covenant to do each other no hurt, but, on the contrary, to assist each other if necessity arises, each retaining his independence. Such a covenant is valid so long as its basis of danger or advantage is in force: no one enters into an engagement, or is bound to stand by his compacts unless there be a hope of some accruing good, or the fear of some evil: if this basis be removed the compact thereby becomes void: this has been abundantly shown by experience. For although different states make treaties not to harm one another, they always take every possible precaution against such treaties being broken by the stronger party, and do not rely on the compact, unless there is a sufficiently obvious object and advantage to both parties in observing it. Otherwise they would fear a breach of faith, nor would there be any wrong done thereby; for who in his proper senses, and aware of the right of the sovereign power, would trust in the promises of one who has the will and the power to do what he likes, and who aims solely at the safety and advantage of his dominion? Moreover, if we consult loyalty and religion, we shall see that no one in possession of power ought to abide by his promises to the injury of his dominion; for he cannot keep such promises without breaking the engagement he made with his subjects, by which both he and they are most solemnly bound.

An enemy is one who lives apart from the state, and does not recognize its authority either as a subject or as an ally. It is not hatred which makes a man an enemy, but the rights of the state. The rights of the state are the same in regard to him who does not recognize by any compact the state authority, as they are against him who has done the state an injury. It has the right to force him, as best it can, either to submit, or to contract an alliance.

Lastly, treason can only be committed by subjects, who by compact, either tacit or expressed, have transferred all their rights to the state. A subject is said to have committed this crime when he has attempted, for whatever reason, to seize the sovereign power, or to place it in different hands. I say, has attempted, for if punishment were not to overtake him till he had succeeded, it would often come too late, the sovereign rights would have been acquired or transferred already.

I also say, has attempted, for whatever reasons, to seize the sovereign power, and I recognize no difference whether such an attempt should be followed by public loss or public gain. Whatever be his reason for acting, the crime is treason, and he is rightly condemned. In war, every one would