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托马斯·霍布斯 19 rules

(2018-11-09 15:13:54) 下一个

The natural law was inherently teleological, however, it is most assuredly not deontological. For Christians, natural law is how human beings manifest the divine image in their life. This mimicry of God's own life is impossible to accomplish except by means of the power of grace. Thus, whereas deontological systems merely require certain duties be performed, Christianity explicitly states that no one can, in fact, perform any duties if grace is lacking. For Christians, natural law flows not from divine commands, but from the fact that humanity is made in God's image, humanity is empowered by God's grace. Living the natural law is how humanity displays the gifts of life and grace, the gifts of all that is good. Consequences are in God's hands, consequences are generally not within human control, thus in natural law, actions are judged by three things: (1) the person's intent, (2) the circumstances of the act and (3) the nature of the act. The apparent good or evil consequence resulting from the moral act is not relevant to the act itself. The specific content of the natural law is therefore determined by how each person's acts mirror God's internal life of love. Insofar as one lives the natural law, temporal satisfaction may or may not be attained, but salvation will be attained. The state, in being bound by the natural law, is conceived as an institution whose purpose is to assist in bringing its subjects to true happiness. True happiness derives from living in harmony with the mind of God as an image of the living God.

In the 16th century, the School of Salamanca (Francisco Suárez, Francisco de Vitoria, etc.) further developed a philosophy of natural law.

After the Protestant Reformation, some Protestant denominations maintained parts of the Catholic concept of natural law. The English theologian Richard Hooker from the Church of England adapted Thomistic notions of natural law to Anglicanism five principles: to live, to learn, to reproduce, to worship God, and to live in an ordered society.[45]

 

As used by Thomas Hobbes in his treatises Leviathan and De Cive, natural law is "a precept, or general rule, found out by reason, by which a man is forbidden to do that which is destructive of his life, or takes away the means of preserving the same; and to omit that by which he thinks it may best be preserved."[93]

According to Hobbes, there are nineteen Laws. The first two are expounded in chapter XIV of Leviathan ("of the first and second natural laws; and of contracts"); the others in chapter XV ("of other laws of nature").

  • The first law of nature is that every man ought to endeavour peace, as far as he has hope of obtaining it; and when he cannot obtain it, that he may seek and use all helps and advantages of war.
  • The second law of nature is that a man be willing, when others are so too, as far forth, as for peace, and defence of himself he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men, as he would allow other men against himself.
  • The third law is that men perform their covenants made. In this law of nature consisteth the fountain and original of justice... when a covenant is made, then to break it is unjust and the definition of injustice is no other than the not performance of covenant. And whatsoever is not unjust is just.
  • The fourth law is that a man which receiveth benefit from another of mere grace, endeavour that he which giveth it, have no reasonable cause to repent him of his good will. Breach of this law is called ingratitude.
  • The fifth law is complaisance: that every man strive to accommodate himself to the rest. The observers of this law may be called sociable; the contrary, stubborn, insociable, forward, intractable.
  • The sixth law is that upon caution of the future time, a man ought to pardon the offences past of them that repenting, desire it.
  • The seventh law is that in revenges, men look not at the greatness of the evil past, but the greatness of the good to follow.
  • The eighth law is that no man by deed, word, countenance, or gesture, declare hatred or contempt of another. The breach of which law is commonly called contumely.
  • The ninth law is that every man acknowledge another for his equal by nature. The breach of this precept is pride.
  • The tenth law is that at the entrance into the conditions of peace, no man require to reserve to himself any right, which he is not content should be reserved to every one of the rest. The breach of this precept is arrogance, and observers of the precept are called modest.
  • The eleventh law is that if a man be trusted to judge between man and man, that he deal equally between them.
  • The twelfth law is that such things as cannot be divided, be enjoyed in common, if it can be; and if the quantity of the thing permit, without stint; otherwise proportionably to the number of them that have right.
  • The thirteenth law is the entire right, or else...the first possession (in the case of alternating use), of a thing that can neither be divided nor enjoyed in common should be determined by lottery.
  • The fourteenth law is that those things which cannot be enjoyed in common, nor divided, ought to be adjudged to the first possessor; and in some cases to the first born, as acquired by lot.
  • The fifteenth law is that all men that mediate peace be allowed safe conduct.
  • The sixteenth law is that they that are at controversie, submit their Right to the judgement of an Arbitrator.
  • The seventeenth law is that no man is a fit Arbitrator in his own cause.
  • The eighteenth law is that no man should serve as a judge in a case if greater profit, or honour, or pleasure apparently ariseth [for him] out of the victory of one party, than of the other.
  • The nineteenth law is that in a disagreement of fact, the judge should not give more weight to the testimony of one party than another, and absent other evidence, should give credit to the testimony of other witnesses.

Hobbes's philosophy includes a frontal assault on the founding principles of the earlier natural legal tradition,[94] disregarding the traditional association of virtue with happiness,[95] and likewise re-defining "law" to remove any notion of the promotion of the common good.[96]

托马斯·霍布斯在他的论文“利维坦和德茜”中所使用的那样,自然法是“一种规则或一般规则,通过理性发现,一个人被禁止做那些破坏他生活的东西,或带走手段保留相同的;并且省略他认为最好保留的内容。“[93]

根据霍布斯的说法,有十九条法律。前两部分在利维坦的第十四章(“第一和第二自然法则和合同”)中阐述;第十五章(“其他自然法则”)中的其他内容。
第一个自然法则是,每个人都应该努力实现和平,只要他有希望获得和平;当他无法获得它时,他可以寻求并利用战争的所有帮助和优势。
第二个自然法则是,一个人愿意,当其他人也是如此,为了和平,为自己辩护,他认为有必要将这一权利放在一切事物上;并且满足于对其他人的这么多自由,因为他会让其他人反对自己。
第三条法则是男人履行他们的契约。在这种自然法则中,诠释了泉源和正义的原始......当一个契约被制定,然后打破它是不公正的,不公正的定义就是不遵守契约。任何不公正的都是公正的。
第四条律法是,一个从另一个纯粹的恩典中受益的人,努力使得给予它的人没有合理的理由来忏悔他的善意。违反这项法律被称为忘恩负义。
第五条法则是抱怨:每个人都努力让自己适应其他人。该法律的观察员可称为社交;相反,顽固,孤独,前瞻,顽固。
第六条法则是,在未来的时间谨慎之后,一个男人应该赦免过去那些??悔改,渴望它的罪行。
第七条法则是,在报复中,人们不是看着邪恶过去的伟大,而是追求善的伟大。
第八条法律规定,任何人都不得以行为,言语,面容或手势宣称仇恨或蔑视他人。违反哪种法律通常被称为contumely。
第九条法则是每个人都承认另一个人的性质是平等的。违背这一规定是骄傲。
第十条法律规定,在进入和平条件的入口处,没有人要求为自己保留任何权利,他不满足于其他每一个人都应该保留。违背这一规定是傲慢的,而这些规则的观察者称之为谦虚。
第十一条法律是,如果一个人被信任在人与人之间作出判断,那么他就会平等对待他们。
第十二条法则是这样的事情,如果可以的话,可以分享,共同享受;如果物品的数量允许,没有限制;否则与他们的数量成比例

第十二条法则是这样的事情,如果可以的话,可以分享,共同享受;如果物品的数量允许,没有限制;否则,它们与拥有权利的人数成比例。
第十三条法律是完全的权利,否则......第一次占有(在交替使用的情况下),既不能分割也不能共同享用的东西应该通过抽签来确定。
第十四条法律规定,那些不能共同享有,不分割的东西,应当判给第一个拥有者;在某些情况下,第一次出生,由抽签获得。
第十五条法律规定,所有调解和平的人都应获得安全行为。
第十六条法律是有争议的,提交仲裁员判决的权利。
第十七条法律规定,任何人在他自己的事业中都不是适合的仲裁者。
第十八条法律规定,如果一方的胜利,而不是另一方的胜利,显然会产生更大的利益,荣誉或乐趣,那么任何人都不应该担任法官。
第十九条法律是在不同意的情况下,法官不应该更加重视一方的证词而不是另一方的证词,如果没有其他证据,则应该赞扬其他证人的证词。

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