社会契约论(世界大师原典文库(中文导读插图版))
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第三章 论最强者的权利

父权制不是政治权威的合法性来源,那么力量最强者是否就拥有合法的政治权威?卢梭对此坚定地给予否定。他举出两点理由:首先,强力是物理力量,屈服强力是被迫的行为而不是意志行为,不具有道德属性,不能构成义务。其次,强力不可持续,一旦人们发现不服从并不会受到惩罚,他们便会正大光明地不再服从。当强力不具有道德性时,它便不可能是合法权威。卢梭在《论人类不平等起源中》写道,最强者的权利本来就是一种讥讽,因而仅仅强调赤裸裸的强力构成政治统治正当性的理论骗不了几个人。于是他继续追寻与论证,什么才是合法的政治权威。

3. THE RIGHT OF THE STRONGEST

THE strongest is never strong enough to be always the master, unless he transforms strength into right, and obedience into duty. Hence the right of the strongest, which, though to all seeming meant ironically, is really laid down as a fundamental principle. But are we never to have an explanation of this phrase? Force is a physical power, and I fail to see what moral effect it can have. To yield to force is an act of necessity, not of will—at the most, an act of prudence. In what sense can it be a duty?

Suppose for a moment that this so-called “right” exists. I maintain that the sole result is a mass of inexplicable nonsense. For, if force creates right, the effect changes with the cause: every force that is greater than the first succeeds to its right. As soon as it is possible to disobey with impunity, disobedience is legitimate; and, the strongest being always in the right, the only thing that matters is to act so as to become the strongest. But what kind of right is that which perishes when force fails? If we must obey perforce, there is no need to obey because we ought; and if we are not forced to obey, we are under no obligation to do so. Clearly, the word “right” adds nothing to force: in this connection, it means absolutely nothing.

Obey the powers that be. If this means yield to force, it is a good precept, but superfluous: I can answer for its never being violated. All power comes from God, I admit; but so does all sickness: does that mean that we are forbidden to call in the doctor? A brigand surprises me at the edge of a wood: must I not merely surrender my purse on compulsion; but, even if I could withhold it, am I in conscience bound to give it up? For certainly the pistol he holds is also a power.

Let us then admit that force does not create right, and that we are obliged to obey only legitimate powers. In that case, my original question指的是第一卷开头所提出的“如何才能使这样的权威合法化”这一问题。 recurs.