第二编法律论第四章法律之目的自来学者,说明法律之目的,可分积极消极二派述之。其积极主张法律之目的者,谓法律乃欲创设人民之权利并维持之,且使增长其幸福者也。而消极说则曰:法律者,欲限制各人之自由,且使各人互相调和其所欲之自由也。主张消极说者以霍布士、康德、沙比尼等为最,霍氏曰:国家之制定法律,盖欲限制各人天赋之自由,而其必限制之者,则因各人欲相维相系,以防御紊乱社会秩序之公敌耳,故法律非禁止不可为某行为,仅举示其所为之适法者耳。非命令为某行为,仅防御其妨害某行为耳。沙 The second part of the law on the fourth chapter the purpose of law Scholars, explain the purpose of the law, can be divided into two positive and negative. Its active advocates of the purpose of the law, that the law is for the creation and maintenance of the rights of the people, and to increase their happiness also. The negative remark says that lawyers want to limit each person’s freedom and to reconcile each person’s freedom to one another. Advocates of negative speakers to Hobsbaws, Kant, Shabini, etc. most, Hough said: the country’s development of the law, cover to limit the natural gift of each person, and its will be limited, because of each other for each other In order to defend against the public enemy who disrupted the social order, the law should not be banned for certain acts, but for the sake of those who are the fittest. Non-order for a behavior, only defensive act against one’s ears. sand