Commonwealth
part of himself... For though those activities such as eating and drinking
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part of himself... For though those activities such as eating and drinking by which life is supported are necessary, no thoughtful man finds in them his sovereign good. The habit of good deeds is of the first importance, for the soul that is not illumined and purified by the moral virtues cannot enjoy the fruits of contemplation. The moral virtues are therefore ordained to the intellectual. Felicity cannot be found in that imperfect state in which there is still some good yet to be realized; that which is less noble is ordained to that w hich is more noble as its final end, body to spirit, spirit to intellect, appetite to reason, living to right living. Therefore when Varro found felicity in both contemplation and action, he would have done better, in my opinion, to have said that a man has need of both action and contemplation in this life, but that bis sovereign good lies in contemplation. Nevertheless it is certain that a commonwealth is not rightly ordered which neglects altogether, or even for any length of time, mundane activities such as the administration of justice, the defence of the subject, the provision of the necessary means of subsistence, any more than a man whose soul is so absorbed in contemplation that he forgets to eat and drink can hope to live long. ... The same principles hold good for the well-ordered commonwealth. It is ordained to the contemplative virtues as its final end, and those things which are least in order of dignity come first in order of necessity. Those material things necessary to the sustenance and defence of the subject must first be secured. Nevertheless such activities are ordained to moral activities, and moral activities to intellectual, or the contemplation of Page 6 the noblest subjects within the scope of men's imaginations. Thus we see that God allotted six days for all those labours to which the greater part of man's life is dedicated. But He ordained that these labours should cease on the seventh day, and He blessed it above all other days as the holy day of rest, so that men might then have leisure to contemplate His works, His law, and His glory. Such is the final end of well-ordered commonwealths, and they are the more happy the more nearly they com e to realizing it. For just as there are degrees of felicity among men, so are there among commonwealths, some greater, some less, in accordance with the end which each sets out to attain. It was said of the Spartans that they were courageous and magnanimous, but for the rest unjust and perfidious, if they could thereby further the public interest. The sole purpose of their laws, their customs, their institutions was to make men brave and indifferent to hardship and pain, contemptuous of ease and pleasure, and totally devoted to the state. The Roman Republic on the other hand was distinguished for its justice, and surpassed that of the Spartans, for its citizens were not only magnanimous, but justice was the mainspring of all their actions. In treating of the commonwealth we must therefore try and find means whereby it may come as near as possible to realizing the felicity we have described, and conforming to the definition we have postulated. Let us continue with the terms of the definition and pass on to the family. Concerning the Family [CHAPTERS II-V] A FAM ILY may be defined as the right ordering of a group of persons owing obedience to a head of a household, and of those interests which are his proper concern. The second term of our definition of the commonwealth refers to the family because it is not only the true source and origin of the commonwealth, but also its principal constituent. Xenophon and Aristotle divorced economy or household management from police or disciplinary power, without good reason to my mind ... I understand by domestic government the right ordering of family matters, together with the authority which the head of the family has over his dependants, and the obedience due from them to him, things which Aristotle and Xenophon neglect. Thus the well-ordered family is a true image of the commonwealth, and domestic comparable with Page 7 sovereign authority. It follows that the household is the model of right order in the commonwealth. And just as the whole body enjoys health when every particular member performs its proper function, so all will be well with the commonwealth when families are properly regulated. We have said that a commonwealth is the rightly ordered government of a number of families and of those matters which are their common concern, by a sovereign power. The phrase a number cannot mean just two, for the law requires at least three persons to constitute a college, and the same number to constitute a family in addition to its head, whether they be his children, slaves, freedmen, or free dependants w ho have voluntarily submitted to his authority. He is the fourth member of the group. Furthermore, since households, colleges and corporate bodies of all sorts, commonwealths, and indeed the whole human race would perish unless perpetuated from generation to generation, no family is complete without the wife, who is therefore called the mother of the family. By this reckoning, a minimum of five persons is required to constitute a family. I think this is the reason why ancient writers, such as Apuleius, said that fifteen persons could become a political community, meaning by that three complete households. Otherwise, even if the head of the family had three hundred wives and six hundred children, like Hermotinus, King of Parthia, or five hundred slaves like Crassus, if all these persons were a single household under the authority of a single head, they would not constitute either a political community or a commonwealth, but only a fam ily. ... The law says that the people never dies, but that after the lapse of a hundred or even a thousand years it is still the same people. The presumption is that although all individuals alive at any one moment will be dead a century later, the people is immortal by succession of persons, as was Theseus' ship which lasted as long as pains were taken to repair it. But a ship is no more than a load of timber unless there is a keel to hold together the ribs, the prow, the poop and the tiller. Similarly a commonwealth without sovereign power to unite all its several members, whether fam ilies, colleges, or corporate bodies, is not a true commonwealth. It is neither the tow n nor its inhabitants that makes a city state, but their union under a sovereign ruler, even if they are only three households. Just as the mouse is as much numbered among animals as is the elephant, so the rightly ordered government of only three households, provided they are Page 8 subject to a sovereign authority, is just as much a commonwealth as a great empire. The principality of Ragusa, which is one of the smallest in Europe, is no less a commonwealth than the empires of the Turks and the Tartars, which are am ong the greatest in the world. ... But besides sovereign power there must also be something enjoyed in common such as the public domain, a public treasury, the buildings used by the whole community, the roads, walls, squares, churches, and markets, as well as the usages, laws, customs, courts, penalties, and rewards which are either shared in common or of public concern. There is no commonwealth where there is no common interest... It is not desirable however that all things, including women and children, should be possessed in common as Plato advocated in his Republic. His intention was to banish from the city the words 'mine' and 'thine', since he thought them the cause of all the misfortunes and disasters that befall commonwealths. He forgot that even if this could be achieved, then the peculiar mark of a commonwealth would be lost. For nothing could properly be regarded as public if there were nothing at all to distinguish it from what was private. Nothing can be thought of as shared in common, except by contrast w ith what is privately owned. If all citizens were kings there would be no king. There can be no harmony if the subtle combination of various chords, which is the charm of harmony, is reduced to a monotone. Moreover such a commonwealth would be directly contrary to the law of God and of nature, for that law not only condemns the incests, adulteries, and parricides which would be the inevitable consequence of women being possessed in common, but forbids theft, or even the mere coveting of that which is the private possession of another. We see therefore that commonwealths were ordained of God to the end that men should render to the community that which is required in the public interest, and to each individual that which is proper to him. ... It is of course possible for all the subjects of a commonwealth to live in common, as did the Cretans and the Spartans in ancient times... or as the Anabaptists attempted to do when they founded their community in the city of Münster. They ruled that all things should be possessed in common save only women and personal belongings, thinking this would promote amity and mutual concord. They soon discovered their mistake however. So far from accomplishing what they expected, and banishing quarrels and animosities, they destroyed affection between husband and wife, and the love of parents Page 9 for their children, the reverence of children for their parents, and the goodwill of parents towards one another.[1] Such are the consequences of ignoring the tie of blood, the strongest bond there is. It is common knowledge that no one feels any very strong affection for that which is common to all. Comm on possession brings in its train all sorts of quarrels and antagonisms. They deceive themselves who think that persons and property possessed in common will be much cared for, for it may be observed everywhere, that those things which are public property are habitually neglected, unless someone calculates that he may extract some private advantage from looking after them. The proper organization of the household requires the separation and distinction of the goods, the women, the children, and servants, of one family from another, and that which pertains to each from that which is common to all, or in other words pertains to the public good. ... So much for the difference and the resemblance that there is between the family and the commonwealth in general. Let us now consider the members of the family. The government of all commonwealths, colleges, corporate bodies, or households whatsoever, rests on the right to command on one side, and the obligation to obey on the other, which arises when the natural liberty which each man has to live as he chooses, is exercised subject to the power of another. The right to command another is either of a public or a private character; public when vested in a sovereign who declares the law, or in the magistrate who executes it, and issues orders binding on his subordinates and private citizens generally; private w hen vested in heads of households, or in the collective authority which colleges and corporate bodies exercise over their particular members, or the minority of the whole body. Authority in the family rests on the fourfold relationship betw een husband and wife, father and child, master and servant, owner and slave. And since the rightful government of any society, public or private, depends on a proper understanding of how to command and how to obey, we will consider the household in the order described. We understand by natural liberty the right under God to be subject to no man living and amenable only to those commands which are self-imposed, that is to say the commands of right reason conformable to the will of God. The first of all commandments was the commandment to subordinate animal appetite to reason, for before a man can govern others he must learn to govern Page 10 himself, surrendering to reason the power of direction, and schooling the appetites to obedience. In this w ay each man will achieve that w hich truly pertains to his nature, which is the original and purest form of justice. The Hebrews expressed this proverbially in their saying 'Charity begins at home', meaning that one should subordinate appetite to reason in accordance with the first express commandment of God, laid upon him who killed his brother. The commandment that He had given the husband to rule over his wife has a double significance, first in the literal sense of marital authority, and second in the moral sense of the soul over the body, and the reason over concupiscence, which the Scriptures always identify with the woman. ... From the mom ent a marriage is consummated the woman is subject to her husband, unless he is still living as a dependant in his father's house. Neither slaves nor other dependants have any authority over their wives, still less over their children. They are all subject to the head of the family until such time as he shall have given his married son his independence. No household can have more than one head, one master, one seigneur. If there were more than one head there would be a conflict of command and incessant family disturbances... wherefore a woman marrying a man still living in his father's house is subject to her father-in-law. ... By a law of Romulus the husband was not only given full authority over his wife but could without any formal process of law take her life on four occasions, when she was taken in adultery, for substituting a child not his own, for having duplicate keys, or for being habitually drunk ... In order to show how general among all people has been this subjection of women, I will add two or three examples. We read that by the laws of the Lombards wives were held in the same subjection as had been customary among the ancient Romans, and their husbands had a power of life and death over them that they were still exercising when Baldus was writing, only two hundred and sixty years ago. As for our ancestors, the Gauls, nowhere in the world have husbands enjoyed a more absolute power than among them. Caesar makes this clear in his Memoirs when he says that they had the same absolute power of life and death over their wives and children as over their slaves. ... With regard to divorce, the law of God permitted the husband to repudiate his wife, if she did not please him, on condition that he never took her back, but married another. This was at one time a custom common to all Page 11 peoples, and is still practised in Africa and throughout the East. It was a means of humbling proud wives, while the knowledge that he had repudiated one wife without sufficient provocation made it difficult for an exacting husband to find another. If it is objected that it does not seem right that a man should be able to repudiate his wife without giving any reason, I appeal to the common usage in the matter. There is nothing more ill-advised than to compel two people to go on living together unless they are willing to publish the reason for the separation that they desire. The honour of both parties is at stake, whereas it is safeguarded if no reason has to be alleged. ... However great the variety, and subsequent changes in law, it has never been customary anywhere to exempt wives from the obedience, and even the reverence which they owe their husbands ... Therefore in all systems of law the husband is regarded as the master of his wife's actions, and entitled to the usufruct of any property she may have, while the wife cannot come into the courts either as plaintiff or defendant save with the consent of her husband, or should he withhold it, the permission of the magistrate. The power, authority, and command that a husband has over his w ife is allowed by both divine and positive law to be honourable and right. I know that in marriage alliances and settlements clauses are sometimes included exempting the wife from subjection to her husband. But such stipulations cannot detract from the authority of the husband, for they are contrary to both divine and positive law, as well as to the public interest. They are therefore invalid, and oaths to observe them cannot in consequence bind the husband. The rightly ordered government of a father over his children lies first in the proper exercise of that power which God gives to a father over his natural children, and the law over his adopted ones, and second in the obedience, love, and reverence that children owe their father. Authority properly belongs to all those who have recognized pow er to command another. So, says Seneca, the prince commands his subjects, the magistrate the citizens, the master his pupils, the captain his soldiers, and the lord his slaves. But of all these there is none that has a natural right to command save only the father, who is the image of Almighty God, the Father of all things. Therefore Plato, having first defined the laws which touch the honour of God, speaks of them as an introduction to the reverence that a son Page 12 owes his father, from whom, after God, he draws his life and all he may expect to enjoy in this world. And just as nature impels the father to foster his child so long as he is defenceless, and educate him in honourable and virtuous principles, so the child is prompted, and by an even stronger impulse, to love, honour, serve, and care for his father, to be obedient to his commands, support him, protect him, conceal all his infirmities and imperfections, and to spare neither goods nor life to preserve the life of him from whom he draws his own. This obligation is obvious, and founded in nature. But if one w ishes further proof, one has only to remember that it was the first commandment in the second table of the law, and the only one of the ten commandments of the Decalogue that carried with it any promise of reward, for it is not usual to reward one who simply does that which he is under a strict obligation to do by both divine and positive law. Conversely we find the first curse recorded in Scripture was the curse laid on H am for not concealing his father's shame. ... In any rightly ordered commonwealth, that power of life and death over their children which belongs to them under the law of G od and of nature, should be restored to parents. This most primitive of customs was observed in ancient times by the Persians, and people of Asia generally, by the Romans and the Celts; it was also recognized throughout the New World till the time of the Spanish conquests. If this power is not restored, there is no hope of any restoration of good morals, honour, virtue, or the ancient splendour of commonwealths. Justinian and those who have repeated him are wrong in saying that the Romans alone recognized such pow er of parents over their children. We have the testimony of the law of God which ought to be regarded as holy and inviolate by all peoples. We also have the evidence of Greek and Roman historians such as Caesar, of the customs of the Persians, the Romans, and the Celts. He said of the Gauls that they had power of life and death as much over their wives and children as over their slaves. Moreover by the laws of Romulus, whereas the power of life and death which a husband had over his wife was restricted to four occasions only, that which he had over his children was unqualified, being a plenary power to dispense life or death to them as he thought fit, and to be seized of all property which they might acquire. Roman fathers had such authority not only over their natural children, but also over their children by adoption. ... A father is bound to educate and instruct his children, especially in the Page 13 fear of God. But if he fails of his duty, the son is not excused his, though Solon in his laws acquitted children from the obligation of supporting their father if he had failed to apprentice them to some trade by which they could earn a living. There is no need to enter into any discussion of this Download 0.89 Mb. Do'stlaringiz bilan baham: |
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