第十二章 论国象的立法权执行权和对外权

第十二章论国象的立法权执行权和对外权

The legislative power is that, which has a right to direct how the force of the commonwealth shall be employed for preserving the community and the members of it.

立法权是指享有权利来指导如何运用国家的力量以保障这个社会及其成员的权力。

The legislative and executive power comes often to be separated.

立法权和执行权往往是分立的。

The whole community is one body in the state of nature, in respect of all other states of persons out of its community.

整个社会在与其他一切国家或这个社会以外的人们的关系上，是处在自然状态的一个整体。If the force of the public would be under different commands, it would be apt some time or other to cause disorder and ruin.

执行权和对外权掌握在可以各自行动的入的手里，这就会使公共的力量处在不同的支配之下，迟早总会导致纷乱和灾祸。

Experience:

The legislative and executive powers are both significant for any countries. For the sake of country, the two powers have to be separated, since they are strong temptations for everyone. However, on the contrary, the legislative and federative powers have to be controlled by only one group of people to prevent disorder and ruin.

第十三章论国家权力的统属

People can remove or alter the legislative, when they find the legislative act contrary to the trust reposed in them

当人民发现立法行为与他们的委托相抵触时，人民仍然享有最高的权力来罢免或更换立法机关。

The executive power, placed any where but in a person that has also a share in the legislative, is visibly subordinate and accountable to it, and may be at pleasure changed and displaced.

如果执行权不是属于同时参与立法的人，而归属任何其他地方，它显然是受立法机关的统属并对立法机关负责的，而且立法机关可以随意加以调动和更换。

The use of force without authority always puts him that uses it into a state of war, as the aggressor, and renders him liable to be treated accordingly.

越权使用强力，常使使用强力的人处于战争状态而成为侵略者，因而必须把他当作侵略者来对待。

Though the executive power may have the prerogative of convoking and dissolving such conventions of the legislative, yet it is not thereby superior to it.

我只想指出，纵然执行权拥有召开和解散立法机关会议的特权，但是它并不因此高于立法机关。

Prerogative being nothing but a power in the hands of the prince, to provide for the public good, in such cases, which depending upon unforeseen and uncertain occurrences, certain and unalterable laws could not safely direct.

所谓特权，不外是授予君主的一种权力，在某些场合，由于发生了不能预见的和不稳定的情况，以致确定的和不可变更的法律不能运用自如时，君主有权为公众谋福利罢了。

Experience:

The person invested with the execution power is considered as the image of his country, so he must be selected carefully and have to be replaced any time he disobeys the law. All power activities should be based on the profit and good of the public, thus, the executioner of one country must pay great attention to the public interest.

第十四章论特权

That, as much as may be, all the members of the society are to be preserved: for since many accidents may happen, wherein a strict and rigid observation of the laws may do harm.

因为世间常能发生许多偶然的事情，遇到这些场合，严格和呆板地执行法律反会有害。This power to act according to discretion for the public good, without the prescription of the law, and sometimes even against it, is that which is called prerogative.

这种并无法律规定、有时甚至违反法律而依照自由裁处来为公众谋福利的行动的权力，就被称为特权。

Yet they have, by a law antecedent and paramount to all positive laws of men, reserved that ultimate determination to themselves which belongs to all mankind, where there lies no appeal on earth, viz. to judge whether they have just cause to make their appeal to heaven.

在人世间无可告诉的场合，他们基于一种光于人类一切明文法而存在并驾平其上的法律，为自己保留有属于一切人类的最后决定权：决定是否有正当理由可以诉诸上天。

This operates not till the inconveniency is so great that the majority feel it, and are weary of it, and find a necessity to have it amended.

这种决定权，非到弊害大到为大多数人都已感觉到和无法忍耐，而且认为有加以纠正的必要时，是不会行使的。

Experience:

The more attention to the public good the executioner pays, the more prerogatives he will gain. However, any executioner who wants to rob people of their power of life or liberty cannot be permitted and people have right to operate their ultimate determination to decide whether the government should be destroyed.