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《婚姻之爱》 第486节

(一滴水译,2019)

  486、⑹一级奸淫出于无知;犯这种奸淫的,是那些年龄尚小,或不能运用理解力,以至于无法抑制它们的人。就本身而言,一切邪恶,因而包括一切奸淫都是内在人和外在人同时做出的行为。内在人形成意图,外在人则将其付诸实践。因此,就本身而言,行为的性质取决于谋划外在人行为的内在人的性质。但是,由于内在人及其意图无法被人看到,所以在法庭上,每个人必须根据其言行按照法律法规接受审判;法官也必须关注法律的内在含义。举例说明:如犯奸淫的是以下几种人:青春期的男孩,他们尚不知奸淫是一种比行淫更严重的罪恶;头脑极端简单的人;因疾病丧失清晰判断力的人;或以下情形所犯的奸淫,处于发狂或精神极度亢奋时期,在这种情况下,人实实在在陷入了精神错乱;因酗酒而神志不清等等。显然,在这些情况下,内在人或内在心智仅存在于处在非理性状态下的外在人里面。理性之人根据上述情况只将这类行为定性为奸淫。然而,同样是这个人,法官会判他有罪,并根据法律惩罚他。但死后,这些奸淫行为会照着存在于奸淫者意愿里面的理解的同在、性质和能力而被归罪。

《婚姻之爱》(慧玲翻译)

  486、(6)第一个程度的通奸是无辜地通奸,它是指那些不能通过才智思索进而阻止它的发生的情况。一切罪行包括通奸罪在内都被看作是内在人和外在人的共同产物。内在人产生意愿,而外在人履行意愿。因此内在人在行为中所表现的性质也正是外在人行为的性质。但是因为内在人及其意愿是看不到的,所以要根据法律对人的言行做出判断。法官同时也要考虑到法律的内在意义。

  举例说明一下。假如一个青少年并不知道通奸比普通放荡行为更严重,因此而犯了通奸罪。假如通奸者是个极度头脑简单的人,假如犯罪者因为疾病而没有判断能力,或者是人在酒醉时所犯的。很明显这些情况下,内在人并没有做出如此行为的决定。

  这种人会被理智的人根据情况而做出判断。但法官出于法律却会判这样的人的罪。而死后,他们又会被按其意愿性质而定罪。


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Conjugial Love #486 (Chadwick (1996))

486. (vi) Adultery in the first degree is due to ignorance, when it is committed by those who are not old enough or are unable to consult their intellect, so as to refrain from it.

All evils and therefore acts of adultery regarded in themselves are acts of the inner and outer man together. The inner man forms the intentions, the outer man puts them into practice. The nature of his acts regarded in themselves therefore depends upon the nature of the inner man in planning what the outer man does. But since the inner man and his intention cannot be seen by a person, each must be judged in court by what he says and does in accordance with the prescribed law and its prohibitions. The judge should also have regard to the inner meaning of the law.

Some examples may illustrate this. If, for instance, adultery is committed by an adolescent boy who does not yet know that adultery is a worse evil than fornication. If it is committed by a person who is extremely simple, or someone deprived of keen judgment by disease; or, as sometimes happens, by someone who has periods of madness, in which he is in the condition of the really delirious. Or again if it takes place when he is of unsound mind due to drunkenness, and so on. It is clear that then the inner man or mind is only present in the outer man in an irrational state. Acts of this kind by these people are called adultery by a rational person, but with regard to such circumstances. Yet the same man as judge holds their perpetrator culpable and punishes him according to the law. But whether after death these acts are imputed depends on the presence, nature and capability of the intellect in their will.

Conjugial Love #486 (Rogers (1995))

486. 6. Adulteries of the first degree are adulteries of ignorance, which are committed by people who are not yet able to or cannot consult the intellect and so prevent them. All evils, including therefore adulteries, are, viewed in themselves, products of the inward and outward self. The inward self intends them and the outward self commits them. Consequently, whatever the character of the inward self is in the deeds which it commits through the agency of the outward self, such is the character of the deeds regarded in themselves. Nevertheless, because the inward self and its intention are not visible to men, everyone has to be judged publicly on the basis of his actions and words in accordance with the enacted law and its strictures. The inner sense of the law ought to be regarded by the judge as well.

But to illustrate by examples: Suppose, for instance, that adultery is committed by an adolescent boy who does not yet know that adultery is a greater evil than fornication. Suppose that it is committed by a person of extreme simplicity. Suppose that it is committed by someone who as a result of illness has lost his power of judgment; or by someone who experiences periods of delirium, as happens with some, and who is then in the same state as people actually deranged. Or again, suppose that it is committed in a state of raving drunkenness; and so on. It is evident that the inward self or mind is then not present in the outward one, scarcely differently from the way it is not in an irrational person.

The adulteries of such people are attributed to them by a rational person in accordance with the circumstances. Yet the same person, sitting as judge, still convicts and punishes the doer in accordance with the law; while after death their adulteries are imputed to them in accordance with the presence, character and capability of understanding present in their will.

Love in Marriage #486 (Gladish (1992))

486. 6. Adulteries of the first level are adulteries from ignorance, committed by people who do not yet, or cannot, consult their intellect and in this way curb them. All evils, and therefore adultery too, per se have to do with the inner and outer person at the same time. The inner intends them, and the outer does them. So whatever the inner person is like in things done by the outer, that is what the deeds are like, in themselves. But the inner person and his intention does not appear to people's eyes, so in court everyone is judged by deeds and words according to established law and its requirements.

A judge should also consider the inner intent of the law.

But examples make it clear. If a growing boy, who does not yet know that adultery is more evil than fornication, happens to commit adultery, if a very simpleminded person does it, if someone deprived of clear judgment by disease does it, or someone who has temporary insanity, as some do, and at the time is in a state that the truly insane are in, and also if it is done in wild drunkenness, and so on, clearly the inner person, or mind, is not present in the outer at that time, much more than in someone irrational. Anybody who is rational discusses these people's adulteries according to those circumstances.

Yet the same person, sitting as a judge, still blames and punishes them by law. But after death the adulteries are blamed on them on the basis of the presence, quality, and skill of the intellect in the people's intent.

Conjugial Love #486 (Acton (1953))

486. VI. THAT ADULTERIES OF THE FIRST DEGREE ARE ADULTERIES FROM IGNORANCE, WHICH ARE COMMITTED BY THOSE WHO CANNOT OR AS YET DO NOT CONSULT THE UNDERSTANDING AND THENCE INHIBIT THEM. Regarded in themselves, all evils and consequently all adulteries, are evils of the internal and external man simultaneously; the internal man intends them, and the external man commits them. Such, therefore, as is the internal man in the deeds done by the external, such, regarded in themselves, are the deeds. But since the internal man with its intention does not appear before man, therefore, in a court, every one must be judged from his deeds and words, according to the law laid down and its safeguards; the judge must also look to the inner meaning of the law. But let examples illustrate: Say that adultery is committed by an adolescent boy who does not yet know that adultery is a greater evil than fornication; or is committed by a man of extreme simplicity; or by one who by disease is deprived of clear judgment; or, as is the case with some, by one who is delirious at times and who is then in the state of the really delirious; or is committed in insane drunkenness, and so on. It is evident that in these cases the internal man or the mind is present in the external scarcely otherwise than as in an irrational person. By a rational man, such adulteries are given predicates according to the above circumstances; yet by the same man sitting as judge, the doer is pronounced guilty and punished according to the law. But after death these adulteries are imputed according to the presence, quality, and ability of understanding which was present in the will of the adulterers.

Conjugial Love #486 (Wunsch (1937))

486. (vi) Adulteries of the first degree are adulteries of ignorance, committed by those who do not yet consult or who cannot consult the understanding and restrain them. All evils, hence also adulteries, viewed in themselves, are at the same time of the internal and of the external man; the internal intends them and the external does them. Such, then, as the internal man is in the deeds done through the external, such are the deeds, viewed in themselves. But as the internal man with his intentions does not appear in man's sight, every one is to be judged in court by deed and speech according to the established law and its provisions; the inward meaning of the law is also to be taken into account by the judge. But let examples illustrate. Suppose adultery is committed by an adolescent boy who does not yet know that adultery is more evil than fornication; or by a man of extreme simpleness; or by one who is deprived of clearness of judgment by disease; or by one who is crazed at times, as some people are, and is then in the state of those who are actually demented; yet again, suppose it is committed in insane drunkenness, and so on. It is evident that in such instances the internal man or mind is present in the external only as it is in an irrational person. A rational man predicates adulteries committed by such men according to the circumstances in each case; the same man as judge, however, blames and punishes the doer under the law. But after death adulteries are imputed according to the presence, nature and capacity of the understanding in the will of the person.

Conjugial Love #486 (Warren and Tafel (1910))

486. (6) That adulteries of the first degree are adulteries of ignorance, committed by those who do not yet or who cannot take counsel of the understanding, and thereby restrain them. All evils, and consequently also adulteries, regarded in themselves are at the same time of the internal and of the external man; the internal man intends them and the external man does them. Such then as the internal man is, in the deeds that are done by the external, such are the deeds regarded in themselves. But, as the internal man with its intention does not appear before man, everyone must be judged in a court by his deeds and spoken words, according to the established law and its requirements. The inner sense of the law ought also to be considered by the judge. But let examples illustrate: If perchance adultery be committed by an adolescent boy, who does not yet know that adultery is more evil than fornication: If the same were committed by a man of extreme simplicity: If it be committed by one who by disease is bereft of clear judgment: Or by one who, as is the case with some, is at times delirious, and who is then in the state of those that are actually delirious: Or even if it be done in insane drunkenness; and so on. It is evident that then the internal man, or the mind, is not present in the external, scarcely otherwise than as in an irrational person. Their adulteries are characterized by a rational man according to those circumstances; and yet, by the same man as judge the doer is inculpated and punished from the law. But after death their deeds are imputed according to the presence, the quality, and the faculty of the understanding in their will.

De Amore Conjugiali #486 (original Latin (1768))

486. VI. Quod Adulteria primi gradus sint adulteria ignorantiae, quae fiunt ab illis, qui nondum vel non possunt consulere intellectum, et inde inhibere illa. Omnia mala, ita quoque Adulteria in se spectata sunt simul Interni et Externi hominis; Internus intendit illa, et Externus facit illa; qualis itaque internus homo est in factis quae per externum fiunt, talia sunt facta in se spectata: sed quia internus homo cum sua intentione non apparet coram homine, unusquisque judicandus est in foro ex factis et loquelis secundum legem sancitam et ejus cautelas; interior sensus legis etiam a judice dispiciendus est. Sed exempla illustrent; si forte adulterium fit a puero adolescente, qui nondum scit quod adulterium sit plus malum quam fornicatio: si simile fit ab homine extremae simplicitatis: si fit a quodam qui a morbo orbatur acie judicii; aut a quodam, ut aliquibus fit, qui alternis delirat, et tunc in statu est in quo sunt actuales deliri: tum etiam si fit in insaniente ebrietate, et sic porro; quod tunc internus homo, seu mens, non in externo adsit vix aliter quam in irrationali, constat: horum adulteria praedicantur ab homine rationali secundum illas circumstantias; at usque ab eodem ut judice factor inculpatur et punitur ex lege; at post mortem imputantur illa ex praesentia, qualitate, et facultate intellectus in voluntate illorum.


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