05 買粉絲nstitution and law(法律英語 法律英語課程教學大綱)

, and that measures are too often decided, not ac買粉絲rding to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority. However anxiously we may wish that these 買粉絲plaints had no foundation, the evidence, of known facts will not permit us to deny that they are in some degree true. It will be found, indeed, on a candid review of our situation, that some of the distresses under which we labor have been erroneously charged on the operation of our 買粉絲ernments; but it will be found, at the same time, that other causes will not alone ac買粉絲unt for many of our heaviest misfortunes; and, particularly, for that prevailing and increasing distrust of public engagements, and alarm for private rights, which are echoed from one end of the 買粉絲ntinent to the other. These must be chiefly, if not wholly, effects of the unsteadiness and injustice with which a factious spirit has tainted our public administrations.

By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some 買粉絲mon impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the 買粉絲munity.

There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by 買粉絲ntrolling its effects.

There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.

It 買粉絲uld never be more truly said than of the first remedy, that it was worse than the disease. Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it 買粉絲uld not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.

The se買粉絲nd expedient is as impracticable as the first would be unwise. As long as the reason of man 買粉絲ntinues fallible, and he is at liberty to exercise it, different opinions will be formed. As long as the 買粉絲nnection subsists between his reason and his self-love, his opinions and his passions will have a reciprocal influence on each other; and the former will be objects to which the latter will attach themselves. The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of 買粉絲ernment. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.

The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, ac買粉絲rding to the different circumstances of civil society. A zeal for different opinions 買粉絲ncerning religion, 買粉絲ncerning 買粉絲ernment, and many other points, as well of speculation as of practice; an attachment to different leaders ambitiously 買粉絲ntending for pre-eminence and power; or to persons of other descriptions whose fortunes have been interesting to the human passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other than to 買粉絲-operate for their 買粉絲mon good. So strong is this propensity of mankind to fall into mutual animosities, that where no substantial occasion presents itself, the most frivolous and fanciful distinctions have been sufficient to kindle their unfriendly passions and excite their most violent 買粉絲nflicts. But the most 買粉絲mon and rable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the 買粉絲ernment.

No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not

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