Theologico-Political Treatise — Part 1Spinoza, Benedictus de
PhilosophyPhilosophy
Theologico-Political Treatise — Part 1
Spinoza, Benedictus de
Free thought -- Early works to 1800; Philosophy and religion -- Early works to 1800; Political science -- Early works to 1800
(16) However, as the true object of legislation is only perceived by a few,
and most men are almost incapable of grasping it, though they live under its
conditions, legislators, with a view to exacting general obedience, have
wisely put forward another object, very different from that which
necessarily follows from the nature of law: they promise to the observers of
the law that which the masses chiefly desire, and threaten its violators
with that which they chiefly fear: thus endeavouring to restrain the masses,
as far as may be, like a horse with a curb; whence it follows that the word
law is chiefly applied to the modes of life enjoined on men by the sway of
others; hence those who obey the law are said to live under it and to be
under compulsion. (17) In truth, a man who renders everyone their due
because he fears the gallows, acts under the sway and compulsion of others,
and cannot be called just. (18) But a man who does the same from a knowledge
of the true reason for laws and their necessity, acts from a firm purpose
and of his own accord, and is therefore properly called just. (19) This, I
take it, is Paul's meaning when he says, that those who live under the law
cannot be justified through the law, for justice, as commonly defined, is
the constant and perpetual will to render every man his due. (20) Thus
Solomon says (Prov. xxi:15), "It is a joy to the just to do judgment," but
the wicked fear.
(21) Law, then, being a plan of living which men have for a certain object
laid down for themselves or others, may, as it seems, be divided into human
law and Divine law.
(22) By human law I mean a plan of living which serves only to render life
and the state secure. (23) By Divine law I mean that which only regards the
highest good, in other words, the true knowledge of God and love.
(24) I call this law Divine because of the nature of the highest good, which
I will here shortly explain as clearly as I can.
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