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托馬斯·霍布斯 19 rules

(2018-11-09 15:13:54) 下一個

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]

托馬斯·霍布斯在他的論文“利維坦和德茜”中所使用的那樣,自然法是“一種規則或一般規則,通過理性發現,一個人被禁止做那些破壞他生活的東西,或帶走手段保留相同的;並且省略他認為最好保留的內容。“[93]

根據霍布斯的說法,有十九條法律。前兩部分在利維坦的第十四章(“第一和第二自然法則和合同”)中闡述;第十五章(“其他自然法則”)中的其他內容。
第一個自然法則是,每個人都應該努力實現和平,隻要他有希望獲得和平;當他無法獲得它時,他可以尋求並利用戰爭的所有幫助和優勢。
第二個自然法則是,一個人願意,當其他人也是如此,為了和平,為自己辯護,他認為有必要將這一權利放在一切事物上;並且滿足於對其他人的這麽多自由,因為他會讓其他人反對自己。
第三條法則是男人履行他們的契約。在這種自然法則中,詮釋了泉源和正義的原始......當一個契約被製定,然後打破它是不公正的,不公正的定義就是不遵守契約。任何不公正的都是公正的。
第四條律法是,一個從另一個純粹的恩典中受益的人,努力使得給予它的人沒有合理的理由來懺悔他的善意。違反這項法律被稱為忘恩負義。
第五條法則是抱怨:每個人都努力讓自己適應其他人。該法律的觀察員可稱為社交;相反,頑固,孤獨,前瞻,頑固。
第六條法則是,在未來的時間謹慎之後,一個男人應該赦免過去那些??悔改,渴望它的罪行。
第七條法則是,在報複中,人們不是看著邪惡過去的偉大,而是追求善的偉大。
第八條法律規定,任何人都不得以行為,言語,麵容或手勢宣稱仇恨或蔑視他人。違反哪種法律通常被稱為contumely。
第九條法則是每個人都承認另一個人的性質是平等的。違背這一規定是驕傲。
第十條法律規定,在進入和平條件的入口處,沒有人要求為自己保留任何權利,他不滿足於其他每一個人都應該保留。違背這一規定是傲慢的,而這些規則的觀察者稱之為謙虛。
第十一條法律是,如果一個人被信任在人與人之間作出判斷,那麽他就會平等對待他們。
第十二條法則是這樣的事情,如果可以的話,可以分享,共同享受;如果物品的數量允許,沒有限製;否則與他們的數量成比例

第十二條法則是這樣的事情,如果可以的話,可以分享,共同享受;如果物品的數量允許,沒有限製;否則,它們與擁有權利的人數成比例。
第十三條法律是完全的權利,否則......第一次占有(在交替使用的情況下),既不能分割也不能共同享用的東西應該通過抽簽來確定。
第十四條法律規定,那些不能共同享有,不分割的東西,應當判給第一個擁有者;在某些情況下,第一次出生,由抽簽獲得。
第十五條法律規定,所有調解和平的人都應獲得安全行為。
第十六條法律是有爭議的,提交仲裁員判決的權利。
第十七條法律規定,任何人在他自己的事業中都不是適合的仲裁者。
第十八條法律規定,如果一方的勝利,而不是另一方的勝利,顯然會產生更大的利益,榮譽或樂趣,那麽任何人都不應該擔任法官。
第十九條法律是在不同意的情況下,法官不應該更加重視一方的證詞而不是另一方的證詞,如果沒有其他證據,則應該讚揚其他證人的證詞。

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