竺可桢日记>19450730

7月30日 星期一 遵义晨昙26。5° ,27。0“。午后雨。晚又雨。

Pericles “secret of liberty is courage”勇敢为自由争得之秘密.Laski on constitut10nal democ。racy。

晨六点半起。八点徐晓乘车赴重庆,交去宽甫一函。九点至校。阅来往函件多种。京谋来谈研究生事,又毕业生之就(业)事,未能出发者纷纷来请八月份之贷金。易鼎新拟辞职回湘,因桂林已于廿七日克复也。十二点回。睡一小时。三点雨,故下午未往校中。阅 Time magazine (七月二日)。

Harold Laski The State in Theory & Practice , p。75: Since the industrial revolu。t10n , the continuous tendency of modern legislat10n , not less in the new than in the old , has been to soften by governmental act10n.The harsh contrast which would otherwise obtain between the lives of the rich & the poor.And on any long view , the ability of the state to win the loyalty of its citizens depends upon its power continuously to soften the contrast。

p。77: Aristotles defense of slavery , Lockes defense of the exclus10n of Roman Catholics , Hitlers defense of the exclus10n of Jews fromcitizenship , are all attempts to erect private prepossess10n into universal principles of reason。

p。83: Ther<已 is no way of making a state active in the fulfilling of its funct10n ex。cept the knowledge that men will refuse to obey its commands where they regard themas a v10lat10n of that funct10n.That was the truth that Pericles saw when he told the citi。zens of Athens , that the secret of liberty was courage.Unless men are prepared to act by the insights they have , even when these insights are eπoneous.They are bound to become no more than passive recipients of orders to whose moral quality.They are in。different.When they do that , they poison the foundat10n of state.For they then cease to be moral beings in any of the words。

Page89: It is important that the incidence of state-institut10n should be unbiased , those who operate themshould be able to assume that the constitut10nal democracy will be observed by their opponents.It is an obligat10n incumbent upon the governments of all such states , not to outrage the fundamental sentiments of an important minority.There are , i.e.limits to the rights of a majority whose representatives are exercising the soverelgn power。

Laski on the right of majority to rule。

Harold Laski The State in Theory & Practice, Part1, The Philosophic Concept10n of State。

p。90: To say that there are limits to the right of a majority is not to define those mQd and that all is the real core of the problem.We cannot ser10usly argue that no government is entitled to take any decis10n which may outrage the conscience of a signif。icant minority.A significant minority of American opin10n was outraged by the decis10n to abolish slaveη;but that did not render u叩lstifiable the decis10n to abolish it。奴隶制。

There are no doubt occas10ns when it is wise for a government threatened to com。promise rather than to seek the maintenance of its prestige without regard to the price that may have to be paid for it.Lenins adopt10n of the new economic policy in1921is a classic instance of a wise surrender of principle made to critical circumstance.But it is certainly not a method which can be made into a general rule for the simple reason that it would make majority government invariably impossible.Normally a government that is challenged is obliged,so long as it feels confident that it has public opin10n behind it, to meet the challenge, for it is prlmary thesis of constitut10nal democracy that it can be overthrown only in ways specifically provided by law.The limit of majority rule :.can not be defined with any precis10n in terms of principles。

Page96: Becausè a rat10nal being , those who make the law are always eager to defend it to himon the ground that it is in fact equated with justice.They offer argument , that is , to prove thilt the law which is , may be regarded as the law , which ought to be , once we admit there is a law which is ought to be , we are admitting the existence of natural law.That is not to say that we have today even an approximat10n to an adequate science of natural law.The obstacles in the way are enormous.There are always“is”&“but”, dependent upon the facts of concrete situat10n.But the gain in knowledge particular in last ceritury , has been lmmense.e difference between the juristic material at the disposal say of Lord Eldon & Chief Justice marshall , and that utilized by justice Holmes & Brandeis , represents a progress almost as great as that between middle Age &17th century.men think differently who live differently , and unity which gives endurance and stability to a society is :.unattainable where they live so differently that they cant see life in same terms。

Page209: Academic freedomin the U.S.has been constantly invaded by pressure frombusiness men who have secured the dismissal of professors guilty of radical opin10n。

p。210: So long as a workman can be dismissed , not because he is inefficient , but because his ecomomic or political opin10ns arouse distrust in his employer , their rela。t10ns impose constraint upon the former which are likely to be fatal to his freedom.That is why freedomof opin10n under capitalismhas always seemless to the working class than it has to the employer or to the intellectual。

p。211: Any state , :。, in which the instruments of prope民y are in private hands is , by that fact , leased in its incidence.It may state the right it confers in universal terms;it confines their effective enjoyment to the owners of property。

接 程民德、苏步青、柳翼谋晓沧二函 润科、侠武、翁咏霓函 王执中

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