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

be mooted about the terms or rules of peace, whereby they have mutually bound themselves, inasmuch as laws of peace regard not one commonwealth, but the commonwealths which contract taken together. But if they cannot agree together about the conditions, they by that very fact return to a state of war.

The more commonwealths there are, that have contracted a joint treaty of peace, the less each of them by itself is an object of fear to the remainder, or the less it has the authority to make war. But it is so much the more bound to observe the conditions of peace; that is, the less independent, and the more bound to accommodate itself to the general will of the contracting parties.

But the good faith, inculcated by sound reason and religion, is not hereby made void; for neither reason nor Scripture teaches one to keep one's word in every case. For if I have promised a man, for instance, to keep safe a sum of money he has secretly deposited with me, I am not bound to keep my word, from the time that I know or believe the deposit to have been stolen, but I shall act more rightly in endeavoring to restore it to its owners. So likewise, if the supreme authority has promised another to do something, which subsequently occasion or reason shows or seems to show is contrary to the welfare of its subjects, it is surely bound to break its word. As then Scripture only teaches us to keep our word in general, and leaves to every individual's judgment the special cases of exception, it teaches nothing repugnant to what we have just proved.

But that I may not have so often to break the thread of my discourse, and to resolve hereafter similar objections, I would have it known that all this demonstration of mine proceeds from the necessity of human nature, considered in what light you will—I mean, from the universal effort of all men after self-preservation, an effort inherent in all men, whether learned or unlearned. And therefore, however one considers men are led, whether by passion or by reason, it will be the same thing; for the demonstration, as we have said, is of universal application.

II Of the Functions of Supreme Authorities[38]

The right of the supreme authorities is limited by their power; the most important part of that right is, that they are, as it were, the mind of the dominion, whereby all ought to be guided; and accordingly, such authorities alone have the right of deciding what is good, evil, equitable or iniquitous, that is, what must be done or left undone by the subjects severally or collectively. And, accordingly, they have the sole right of laying down laws, and of interpreting the same, whenever their meaning is disputed, and of deciding whether a given case is in conformity with or violation of the laws; and, lastly, of waging war, and of drawing up and offering propositions for peace, or of accepting such when offered.

As all these functions, and also the means required to execute them, are matters which regard the whole body of the dominion, that is, are affairs of state, it follows that affairs of state depend on the direction of him only who holds supreme dominion. And hence it follows that it is the right of the supreme authority alone to judge the deeds of every individual, and demand of him an account of the same; to punish criminals, and decide questions of law between citizens, or appoint jurists acquainted with the existing laws, to administer these matters on its behalf; and, further, to use and order all means to war and peace, as to found and fortify cities, levy soldiers, assign military posts, and order what it would have done, and, with a view to peace, to send and give audience to ambassadors; and, finally, to levy the costs of all this.

Since, then, it is the right of the supreme authority alone to handle public matters, or choose officials to do so, it follows that that subject is a pretender to the dominion, who, without the supreme council's knowledge, enters upon any public matter, although he believe that his design will be to the best interest of the commonwealth.

But it is often asked, whether the supreme authority is bound by laws, and, consequently, whether it can do wrong. Now as the words "law" and "wrong-doing" often refer not merely to the laws of a commonwealth, but also to the general rules which concern all natural things, and especially to the general rules of reason, we cannot, without qualification, say that the commonwealth is bound by no laws, or can do no wrong. For were the commonwealth bound by no laws or rules, which removed, the commonwealth were no commonwealth, we should have to regard it not as a natural thing, but as a chimera. A commonwealth then does wrong, when it does, or suffers to be done, things which may be the cause of its own ruin; and we can say that it then does wrong, in the sense in which philosophers or doctors say that Nature does wrong; and in this sense we can say, that a commonwealth does wrong, when it acts against the dictate of reason. For a commonwealth is most independent when it acts according to the dictate of reason; so far, then, as it acts against reason, it fails itself, or does wrong. And we shall be able more easily to understand this if we reflect that when we say, that a man can do what he will with his own, this authority must be limited not only by the power of the agent, but by the capacity of the object. If, for instance, I say that I can rightfully do what I will with this table, I do not certainly mean that I have the right to make it eat grass. So, too, though we say, that men depend not on themselves, but on the commonwealth, we do not mean, that men lose their human nature and put on another; nor yet that the commonwealth has the right to make men wish for this or that, or (what is just as impossible) regard with honor things which excite ridicule or disgust. But it is implied that there are certain intervening circumstances which supposed, one likewise supposes the reverence and fear of the subjects towards the commonwealth, and which abstracted, one makes abstraction likewise of that fear and reverence, and therewith of the commonwealth itself. The commonwealth, then, to maintain its independence, is bound to preserve the causes of fear and reverence, otherwise it ceases to be a commonwealth. For the person or persons that hold dominion can no more combine with the keeping up of majesty the running with harlots drunk or naked about the streets, or the performances of a stage-player, or the open violation or contempt of laws passed by themselves, than they can combine existence with non-existence. But to proceed to slay and rob subjects, ravish maidens, and the like, turns fear into indignation and the civil state into a state of enmity.

We see, then, in what sense we may say, that a commonwealth is bound by laws and can do wrong. But if by "law" we understand civil law, and by "wrong" that which, by civil law, is forbidden to be done, that is, if these words be taken in their proper sense, we cannot at all say that a commonwealth is bound by laws or can do wrong. For the maxims and motives of fear and reverence which a commonwealth is bound to observe in its own interest, pertain not to civil jurisprudence, but to the law of Nature, since they cannot be vindicated by the civil law, but by the law of war. And a commonwealth is bound by them in no other sense than that in which in the state of Nature a man is bound to take heed that he preserve his independence and be not his own enemy, lest he should destroy himself; and in this taking heed lies not the subjection, but the liberty of human nature. But civil jurisprudence depends on the mere decree of the commonwealth, which is not bound to please any but itself, nor to hold anything to be good or bad, but what it judges to be such for itself. And, accordingly, it has not merely the right to avenge itself, or to lay down and interpret laws, but also to abolish the same, and to pardon any guilty person out of the fullness of its power.

Contracts or laws, whereby the multitude transfers its right to one council or man, should without doubt be broken, when it is expedient for the general welfare to do so. But to decide this point, whether, that is, it be expedient for the general welfare to break them or not, is within the right of no private person, but of him only who holds dominion; therefore of these laws he who holds dominion remains sole interpreter. Moreover, no private person can by right vindicate these laws, and so they do not really bind him who holds dominion. Notwithstanding, if they are of such a nature that they cannot be broken without at the same time weakening the commonwealth's strength, that is, without at the same time changing to indignation the common fear of most of the citizens, by this very fact the commonwealth is dissolved, and the contract comes to an end; and therefore such contract is vindicated not by the civil law, but by the law of war. And so he who holds dominion is not bound to observe the terms of the contract by any other cause than that, which bids a man in the state of Nature to beware of being his own enemy, lest he should destroy himself.

III Of the Best State of a Dominion[39]

We have shown that man is then most independent when he is most led by reason, and, in consequence, that that commonwealth is most powerful and most independent which is founded and guided by reason. But, as the best plan of living, so as to assure to the utmost self-preservation, is that which is framed according to the dictate of reason, therefore it follows that that in every kind is best done, which a man or commonwealth does, so far as he or it is in the highest degree independent. For it is one thing to till a field by right, and another to till it in the best way. One thing, I say, to defend or preserve oneself, and to pass judgment by right, and another to defend or preserve oneself in the best way, and to pass the best judgment; and, consequently, it is one thing to have dominion and care of affairs of state by right, and another to exercise dominion and direct affairs of state in the best way. And so, as we have treated of the right of every commonwealth in general, it is time to treat of the best state of every dominion.

Now the quality of the state of any dominion is easily perceived from the end of the civil state, which end is nothing else but peace and security of life. And therefore that dominion is the best, where men pass their lives in unity, and the laws are kept unbroken. For it is certain, that seditions, wars, and contempt or breach of the laws are not so much to be imputed to the wickedness of the subjects, as to the bad state of a dominion. For men are not born fit for citizenship, but must be made so. Besides, men's natural passions are everywhere the same; and if wickedness more prevails,