BENEDICT DE SPINOZA: Theological-Political Treatise

Foundations of the state
sovereign; for an o¡ence can be conceived as occurring only in the civil
state. No o¡ence can be committed against subjects by sovereigns, since
they are of right permitted to do all things, and therefore o¡ences occur
only between private persons obliged by law not to harm one another.
[15] Justice is a ¢xed intention to assign to each person what belongs to
them 8 in accordance with civil law. Injustice is to take away from someone,
on a pretext of right, what belongs to them by a correct interpretation
of the laws. Justice and injustice are also called equity and inequity,
because those who are appointed to settle legal disputes are obliged to
have no respect of persons, but to treat all as equal, and equally to defend
the right of each individual, not begrudging the rich or despising the
poor. 9
[16] Allies are members of two states who, to avoid the danger of a war or
for any other advantage, make a mutual agreement not to harm one
another, and to give assistance to each other when need arises, while each
side retains its own independence.This agreement will be valid as long as
its foundation, the source of the danger or advantage, persists. No one
makes an agreement, and no one is obligated to honour a pact, except in
the hope of some good or apprehension of some adverse consequence.
When this ground is removed, the agreement automatically lapses.
Experience very clearly con¢rms this. For while di¡erent governments
make compacts between themselves not to harm each other, they also
strive so far as possible to prevent the other outstripping them in power.
They do not trust the other’s word unless they see very clearly the interest
and advantage for both parties in making the agreement. Otherwise they
fear being deceived, and not without reason. For who will acquiesce in the
words and promises of one who holds sovereign power and has the right to 197
do anything he wishes, whose highest law must be the security and advantage
of his own rule, unless he is a fool who is ignorant of the right of
sovereigns Besides if we take piety and religion into account, we shall also
see that it is criminal for anyone who holds power to keep their promises if
this involves loss of their power. For they cannot ful¢l any promise which
they see will result in loss of their power, without betraying the pledge that
8 Justinian, Institutes, 1.1.
9 Equality is the essential principle of justice, for Spinoza, but also of his (secularized) moral
philosophy and of what he regards as the best kind of state, namely democracy.
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