美國人之自由精神

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美國人之自由精神
作者:埃德蒙·伯克
1916年2月15日
譯者:劉文典
本作品收錄於:《新青年

 譯者:Edmund Burke(1730—1797 )者英之Dublin 人也。 幼學於其地之Trinity College。得文學士學位。初為William Hamilton之秘書。 後為宰相Rockingham 侯爵記室。 頗見親信。 兩度當選為國會議員。 歷官陸軍主計總監。 Warren Hastings 之七年審訊。 實彼所彈劾者也。 年六十八卒於家。 生平著作有“ Vindication of Natural Society”。“Reflections on the Revolution in France”。“Thoughts on French Affairs”。諸書行世。其在國會演說之辭皆安雅可誦。而“Conciliation with America”一篇尤為世所稱。 茲所譯者即斯篇之精英也。

一、 先生。(稱國會議長)仆於諸君之宏識夙甚欽仰。然今日諸君醉心於此前未曾試之強權。仆不敏以為過矣。前所陳者即仆所以不敢茍同之理由也。然關於此事尚有第三事當熟思者。較之考其人口貿易尤為重要。予於治美政策之意見將決於此。即其民之心性氣質是矣。

二、 愛自由者實美人卓然自異之特性也。而寶愛之情既篤。猜嫉之心隨深。彼屬地之民。一見有微欲以暴力陰謀。攘奪其樂生之資者。乃一變而群疑滿腹。眾難塞胸。不可得而制駛矣。吾英屬人民自由精神之強烈。世界殆無其匹。其所由來甚堅且眾。欲了解其心性及此精神之趨向。當更詳論之也。

三、 第一當知屬地人民乃吾英人之苗裔。英舊為崇拜自由之國。吾望其今尚尊敬之。屬地人民移住之時為吾英自由精神盛旺之日。彼輩離吾人而遠去之時。實挾吾人之所執持以俱往。故彼輩非僅愛自由巳也。又實本吾英人之理想主義以愛自由也。無形自由之不可躋猶其他無形物之不可睹也。故必附麗於有形物焉。各國莫不有其國之蘄向。特重視之以為人民樂利標準。吾國自古凡自由之大爭點。多在征稅問題。此蓋諸君所知也。古代共和國則自始即在選舉官吏權或社會階級權利之平衡。至金資問題於彼等初無若是之直接影響也。

在吾英則不然。關於租稅之事。文人則弄其柔翰。談士則逞其辯才。豪傑之士。多奮其力。且嘗艱苦。欲求斯點重要之美滿。非僅在誇英憲法為獨秀者當主張出金之特權為事實之明征。證此權利在古憲及習慣法中屬之所謂眾議院巳也。彼輩更進一步。竟得就眾議院之特性。理論之結果。證明眾議院實人民之直接代表。古載籍之有否此語。非所計也。彼輩以為凡君主國人民。於直接間接自出其金之權終必保持弗失。否則自由徒為虛語。諄諄說之。視為根本原則焉。美人與諸君同此觀念亦猶與諸君同其血統也。彼輩愛自由之心固著於征稅之特之與諸君同。此自由而弗失則其他種種之安危舉不足以動其心彼輩驗此(謂征稅)如醫切脈。視其搏動以斷疾病健康者也。彼輩應用公等之通泛理論於其已事。其當否姑不具論。然學說理論實非一國之所得專。要之彼輩固已應用此泛通理論矣。諸君統制彼輩之方。為寬為怠。為得為失。皆非所論。彼輩固篤信本此共通原則其利害實與諸君相同也。

四、 彼輩之見解以其各州立法議會之形體證之愈益堅確。彼輩之政體自治之度甚高。或且純為自治制。各州政府莫不以代議制為重。人民之參與政治常能喚起其高潔之情感。使對欲奪其最要之政權者深惡痛絕焉。

五、 茍於此種政府之運用有所缺。則宗教可補救之使竟其功。美之新民。於精力主義之宗教心絕未衰耗。且彼輩所以明示此心之方即其自由精神之一大原因也。彼輩新教徒也。而新教者又最尚自由而忌窒人心誌之宗派也。此派不特為崇尚自由。且實本乎自由而興。先生。(稱議長)予以為彼離異國教諸教會所以於類似專制之物皆深惡痛絕之者。其原因非特存乎宗派。又實根乎歷史也。羅馬加特力教與其所流行處之政府多同時而生互相狼狽。政府所以愛護之者亦無所不至。此夫人而知者也。即英之國教亦自始為政府所扶持焉。然離異派則奮起以與世界一切強權抗。且此反抗起於力爭天賦之自由。未可非也。彼等實由此強毅不撓之主張而興。凡屬新教。雖其最冷靜者皆實一種離派也。北美所盛行之宗教為距捍主義之秀。不啻離異派中之離異。新教中之尤新者也。此教之諸宗名雖各殊。而自由精神則各宗所同尚。此教盛行於北方諸州。而英之國教。雖有憲法所定之特權。實則無異私家之宗派。美民信之者殆不過十之一而已。美民去英之日。實革新精神極盛之時。移居者特甚。而源源而往之異國人又大都屬於背其國教之離異派。抱與美民同之心情性質以俱來也。

六、 先生。觀諸議員之舉動。知有於仆之說持異議者。彼輩蓋以為南方諸州奉國教者實居泰半。且其制度井然也。茲事良信。然以愚觀之。南部諸州有一事焉。保南北差異之平衡。且使南部之自由精神視北為尤高。其事維何。即佛吉尼亞、加羅理拿諸州蓄奴無算是也。世界無論何地。凡蓄奴處。其自由之民皆甚誇耀寶愛其自由。自由之於彼輩蓋非僅為其福利。實不啻好爵特權也。此諸州之寶其自由較他州為甚。視之尤為崇高。不識其在他邦乃人所共有。如雨露之均沾。且與禍災賤業及臣虜之境遇相連也。先生。仆非頌彼輩此想為聖善之道義也。其中暴慢之心蓋亦不少。然人情若此。不可移也。事實如是。無可掩也。此輩南方殖民之愛自由實視北方為篤。其精神視北方為尤崇高強毅。古共和國民正如是。吾祖高提克族正如是。今日之波蘭人亦如是。凡身為主人而非奴隸者莫不如是。如此人民其治人之傲倨心與自由精神相融合。實護持之使不可犯也。

七、 先生。吾屬地猶有一事。其助成此不屈精神之滋長及其效果者不少。即其教育是也。世界無論何國恐無齊民皆修法學如此邦者。治此專門之學者甚眾。其力亦甚偉。多為各州之領袖。遣赴中央議會之議員亦大都皆法學家也。凡能讀書者(美民大都能讀)莫不涉獵斯學。求通其大略。仆聞之某大書賈。運往此殖民地之書籍。宗教短篇書而外。任何種類。無及法學書之多者也。殖民地今能自刊書籍以供其地之需。仆聞美洲所售布臘克斯同氏之法律釋義一書。其數殆與在英所售者相埒。蓋吉將軍之書道此特詳。猶在諸君凡上也。將軍雲。其治下之民大都皆法學家。或略通此學者。彼輩於波士頓竟能行其狡獪。逃吾刑網。舌辯之士或能謂其民既通法律。當益明立法之權利。奉法之義務。背叛之常刑。宜可懷刑守法矣。此說甚是。然吾明達可欽之友。垂聽仆芻蕘之言。或將斥仆之妄。彼聞之。吾亦聞之。不以好爵厚祿牢籠此輩使入吾彀中為國服務。則將為政府之大敵。此妙策而猶不能消其精神而馴服之。是為冥頑好亂矣。學問變人氣質。學律使人敏銳而機警。能攻而善守。睿智而多謀。他國純樸空同之民。必身受其禍始知其政府之失策耳。美洲之民則能前知。見政策之不良即預蔔虐政之將至。不待其政之施行、已拒之千里之外矣。

八、 殖民地反抗精神之最後原因。力亦不弱於他者。以其非僅起於人心。實又基於天然也。諸君與彼輩遠隔重洋三千英裏。相去既窵遠。則政府威力之減弱。實無策可以救止之。蒼波渺渺無際。一命之傳。一令之行。其間常費數月。一條文之不能迅得解釋。全法典足因之而壞。諸君誠有發巨炮之軍艦。能至海之極邊。然更來一大權力。足以制人暴慢之情。平人憤激之氣。彼曰。“君可行至此而止。不得更進”嗚乎。一怒而斷自然之鏈鎖者誰耶。恐雖賁育亦不得不受其制也。凡疆宇過廣之國所示種種先例。吾國亦無可逃。大國威權難及荒服。天然之公例示我矣。突厥之統制埃及、亞喇伯、喀的斯但。不能如其統制特雷斯。其在克裏米亞、亞爾幾、之權力。不能如在布魯薩與斯木爾拿。壓制之力常不得不此消彼長。終歸渙散。消滅無余。突厥撒但不得不安於其力所能致之服從。彼欲君臨其全境。不得不用寬典。其中央之威權。由其四境之弛緩所分出而已。西班牙所領緒州。殆尚不若吾英屬之恭順。彼亦唯有諾之忍之以俟時耳。此廣漠散漫國之通則。不易之常經也。

九、 先生。以此六大原因。(即血統、政體、北部之宗教,南部之習慣、教育、及出政之門過遠等)而強烈之自由精神遂發生滋長。此精神與殖民地共發皇。與其富力共增長。英之權力縱甚合法。與自由觀念實不相容。與彼輩之觀念尤為相○。二者不幸相值。兩相搏擊。遂至火炎昆崗。吾徒玉石俱碎矣。

英漢對譯[编辑]

The Spirit of Liberty in The American colonies.

1.These, sir, are my reasons[註:There, sir, are my reasons. —Burke氏前曾舉四大理由。力言以兵力強迫美人之不當。此其結論。 緊承上文者也。]for not entertaining that high opinion of untried force[註:Untried force.—未曾一試之力。 即前所未用之武力也。] by which manygentlemen, for whose sentiments in other particulars I have great respect, seem to be so greatly captivated. But there is stillbehind a third consideration concerning this object, which serves todetermine my opinion on the sort of policy which ought to be pursued in the management of America, even more than its population and itscommerce,—I men its temper and character.

2. In this character of the Americans, a love of freedom is thepredominating feature which marks and distinguishes the whole? [註:The whole=The whole character of the Americans.] and as an ardentis always a jealous affection,your colonies become suspicious, restive,and untractable whenever they see the least attempt to wrest fromthem by force, or shuffle from them by chicane what they think theonly advantage worth living for.[註:What they think living for 使彼等有樂生之心之唯一利益。for者adventage for which之義也。] This fiercespirit of liberty is stronger in the English colonies probably than in any other people of the earth; and this from a great variety of powerful causes; which to understand the true temper of their minds, and the direction which this spirit takes, it will not be amiss to layopen [註:To lay open=To expose.] somewhat more largely.

3.First, the people of the colonies are descendants of Englishmen. England, sir; is a nation which still, I hope, respects, andformerl radored, her freedom. The colonists emigrated from you whenthis part of your character [註:When this part of your character & c.汝等特性之此部分。即自由精神也。New England Colony起於英民反抗Stuart朝之時。當日英之自由精神誠最盛旺。] was most predominant; and they tookthis bias and direction the moment they parted from your hands. Theyare therefore not only devoted to liberty, but to liberty accordingto English ideas and on English principles. Abstract liberty, like other mere abstractions, is not to be found. Liberty inheres insome sensible objsct; and every nation has formed to itself some favorite point [註:Formed to itself &e.各國民所註定之點以為樂利標準者即謂征稅等事。‘Their’本當作‘its’當Every nation也。Favorite point=some importantpoint,the point most valued.] which, by way of eminence,becomes the criterion of their happiness. It happened, you know, sir,that the great contests for freedom in this country were from the earliest times chiefly upon the question of taxing. Most of the contests in the ancient commomwealths [註:The ancient commonwealths.指古代希臘羅馬之共和政治。] turned primarily on the right of election of magistrates,or on the balance among the several orders of the state.The question of money was not with them so immediate.But in England it was otherwise. On this point of taxes theablest pens and most eloquent tongues [註:The ablest pens and most eloquent tonguse &c.謂關於此征稅之事。最妙之筆。 最辯之舌皆曾或以文章或以演說詳論之。蓋暗指Hampden, Pym, Selden 諸人也。 ] have beenexercised; the greatest spirits have acted and suffered. In order togive the fullest satisfaction concerning the importance of this point, it was not only necessary [註:Not only necessary &c. 此句但有“非僅在……雲雲”。其下並無習見之‘but also’句。 蓋以下文緊接‘ They wentfurther &c. 句故也。 ] for those who in argument defended theexcellence of the English Constitution to insist on this privilege ofgranting money as a dry point of fact, [註:Dry point of fact.此dry 之義等於clear] and to prove that the right had been acknowledged, in ancient parchments [註:Ancient parchments謂Magna Charta, Charterof Liberty等古憲典也。] and blind usages, [註:Blind usages.不成文法,習慣法。] to reside in a certain body called a House of Commons. Theywent much further; they attempted to prove, and they succeeded, thatin theory it ought to be so, from the particular nature of a House of Commons, as an immediate representative of the people; whether the old records had delivered this oracle [註:Oracle.本義為神命。此作真理解。] or not. They took infinite pains to inculcate, as afundamental principle,that in all monarchies the people must in effectthemselves, mediately, or immediately possess the power of granting their own money, or no shadow of liberty could subsist. The colonies draw from you, as with their lifeblood, [註:As with their life-blood.英美人同其祖先故雲。]these ideas and principles. Their love of liberty, as with you, fixed and attached on this specific point of taxing. Liberty might be safe, or might be endangered, in twenty otherparticulars,[註:Twenty other particulars.此Fwenty但示多數而已。非定二十之數也。猶吾國之雲萬千。]without their being much pleased or alarmed, Here they felt its pulse; and as they found that beat they thoughtthemselves sick or sound. I do not say whether they were right orwrong in applying your general arguments to their own case. It is noteasy, indeed, to make a monopoly of theorems and corollaries. The factis that they did thus apply those general arguments; and your mode ofgoverning them, whether through lenity or indolence, through wisdomor mistake, confirmed them in the imagination that they, as well asyou, had an interest in these common principles. [註: These commonprinciples.指上文之general arguments.]

4.They were further confirmed in this pleasing error [註:Pleasingerror.此error非真誤謬。文法所謂ironical也。] by the form of theirprovincial legislative assemblies. Their governments are popular[註:Popular=Popular gevernment.純自治制之政府。] in a high degree;some are merely [註: Merely=purely, entirely,此‘merely popular’指New England 也。其地主居英而選州長(Governer)赴美治之者曰Proprietary government。 如 Pennsylvania, Maryland 是也。 其直隸英王者曰 RoyalProvinces。如Virginia,Carolina諸州是也。]popular;in all, the popularrepresentative is the most weighty; and this share of the people intheir ordinary government never fails to inspire them with lofty sentiments, and with a strong aversion from whatever tends to deprive them of their chief importance.

5.If anything were wanting to this neces ary operation of the formof govrnment, religion would have given it a complete effect. Religion, always a principle of energy, in this new people is no way worn outor impaired; and their mode of professing it is also one main causeof this free spirit.The people are Protestants, and of that kind [註:Of that kind.謂Puritans, Presbyt rians諸宗派也。] which is the mostadverse to all implicit submission of mind and opinion. This is apersuasion not only favorable to liberty, but built upon it. I donot think, sir, that the reason of this averseness in the dissentingchurches [註:Dissenting churches.背英之國義Episcopal Church而獨立之宗派。即 Puritans, Presbyterians 諸宗是也。] from all that looks like absolute government is so much to be sought in their religious tesetsas in their history, Every one knows that the Roman Catholic religion is at least coeval [註:Coeval同詩而生之義。喻政府與舊教相依相賴也。]with most of the governments where it prevails; that it has generallygone hand in hand with them,and received great favor and every kind ofsupport from authority. The church of England,too, was formed from hercradle under the nursing care of regular government. But thedissenting interests have sprung up in direct opposition to all theordinary powers of the world, and could justify that opposition onlyon a strong claim to natural liberty. Their very existence dependedon the powerful and unremitted assertion of that claim. AllProtestantism, even the most cold and passive, is a sort of dissent. But the religion most prevalent in our Northern colonies is arefinement of the princ ple of resistance, it is the dissidence ofdissent, and the Protestantism of the Protestant religoin. Thisreligion, under a variety of denominations, [註: variety of denominations.即Puritans,Presbyterians 諸名稱之各異。] agreeing in nothing but in the communion of the spirit of liberty, is predominantin most of the Northern provinces, where the Church of England,notwithstanding its legal rights, is in reality no more than a sort ofprivate sect, not composing most probably,the tenth of the people. Thecolonists left England when this spirit was high,and in the emigrantswas the highest of all; and even that stream of foreigners, which hasbeen constantly flowing into these colonies, has, for the greatest part, been composed of dissenters from the establishments of their several countries, and have brought with them a temper and characterfar from alien to that of the people with whom they mixed. [註: The people with whom they mixed.此people謂美國人。‘they’指foreigners.]

6.Sir, I can perceive by their manner that some gentlemen objectto the latitude of this description; because in the Southern coloniesthe church of England forms a large body, and has a regularestablishment. It is certainly true. There is, however,acircumstance attending these colonies which, in my opinion, fullycounterbalances this difference, and makes the spirit of libertystill more high and haughty than in those to the northward. It is, that in Virginia and the Corolinas [註: The Carolinas. =North and Soutt Carolina二州。] they have a vast multitude of slaves. Where thisis the case in any part of the world,those who are free are by far themost proud and jealous of their freedom. Freedom is to them not onlyan enjoyment, but a kind of rank and privilege. Not seeing there [註:Not seeing there—‘there’指Virginia與Carolinas諸州。] that freedom. as in countries where it is a common blessing, and 'as broad and general as the air', [註: As broad and general as the air.—乃 Shakespeare 所作“Macbeth”中句。Burke氏引用之。喻普遍也。] may be united with much abject toil, with great misery, with all the exterior of servitude, liberty looks, among them, like something thatis more noble and iberal. I do not mean, Sir, to commend thesurperior morality of this sentiment, which has at least as much pride as virtue [註:As much pride as virtue.謂其中傲慢心與德性之量相等。] in it; but I cannot alter the nature of man. [註:I cannot…nature of man. 謂人情如是。予無如何也。] The fact is so; and these people of the Southern colonies are much more strongly, and with ahigher and more stubborn spirit, attached to liberty than those to the northward. Such were all the ancient commonwealths; such were our Gothic ancestors;[註: Gothic此Gothic之義甚廣。殆與Teutonic 同義。謂英人之祖也。] such in our days were the Poles [註:The Poles.波蘭人。] and such will be all masters of slaves, who are not slavesthemselves. In such a people,the haughtiness of domination combines with the spirit of freedom, fortifies it, and renders it invincible.

7.Permit me, sir, to add another circumstance in our colonieswhich contributes no mean part towards the growth and effect of thisuntractable spirit. I mean their education. In no country perhaps inthe world is the law so general a study. The profession itself isnumerous and powerful; and in most provinces it takes the lead. Thegreater number of the Deputies sent to the Congress were lawyers. Butall who read (and most do read) endeavor to obtain some smattering[註:Smatteribg,涉獵所得之知識。] in that science. I have been told byan eminent bookseller that in no branch of his business, after tracts of popular devotion [註:Tracts of popular devotion. 宗教之小冊子。] were so many books as those on the law exported to the plantations.The colonists have now fallen into the way of printing them for theirown use. I hear that they sold nearly as many of Blackstone'sCommentaries [註:Blackstone's Commentaries 英國百年前之法學名著。 ] in America as in England. General Gage marks out this disposition veryparticularly in a letter on your table. He states that all the peoplein his government are lawyers, or smatterers in law; and that inBoston they have been enabled, by successful chicane, wholly to evademany parts of one of your capital penal constitutions. [註:To evade many parts…penal constitutions.昔Gage將軍為總督。禁波士頓人集會。美人籍口並非召集新會。 乃前會延期今重開之。 集會如故而將軍無如何。 ] Thesmartness of debate [註:The smartness of debate. 辯士之義。] will saythat this knowledge ought to teach them more clearly the rights oflegislature, their obligations to obedience, and the penalties ofrebellion. All this is mighty well. But my honorable and learnedfriend on the floor [註:My honourable… on the floor. 指 Attorney General Thurlow也。] who condescends to mark [註:Conpescende to mark &c.重聽] what I say for animadversion,will disdain that ground. He hasheard, as well as I, that when great honours and great emoluments donot win over [註:Win over,使為已用,牢籠之。] this knowledge to theservice of the State it is a formidable adversary to government. If the spirit be not tamed and broken by these happy methods, it is stubborn and litigious. Abeunt studia in mores. [註:Abeunt studia inmores. —此獵丁文英譯為Manners are influenced by studies.見Bacon文中。]This study renders men acute, inquisitive, dexterous,prompt in attack, ready in defence, full of resources. In other countries, the people, more simple, and of a less mercurial cast, [註:Less mercurial cast.較美國人為愚魯之人民。‘cast’本義為型。滯笨之型所鑄。即愚魯之義也。] judge of an ill principle in government only by an actual grievance; here[註:Here.—In this case.在美國人。] they anticipate the evil, andjudge of the pressure of the grievance by the badness of theprinciple. They angur misgovernment at a distance, and snuff the approach of tyranny in every tainted breeze.[註:Snuff the approach…tainted breeze.—‘tainted breeze’二語見文豪Pope氏所作Essay on Man。此蓋以獵犬嗅風而知有獸。喻美國人之機警。虐政未行已能預料也。]

8.The last cause of this disobedient spirit in the colonies ishardly less powerful than the rest, as it is not merely moral, butlaid deep in the natural constitution of things. Three thousand milesof ocean lie between you and them. No contrivance can prevent theeffect of this distance in weakening government. Seas roll, andmonths pass, between the order and the execution; and the want of aspeedy explanation of a single point is enough to defeat a wholesystem.You have, indeed, winged ministers of vengeance, [註: Wingedministers of vengeance.軍艦。] who carry your bolts in their pounces[註:Carry your bolts in their pounces. 軍艦所發射之彈丸。 ] to theremotest verge of the sea. But there a power steps in, that limitsthe arrogance of raging passions and furious elements, and says, “Sofar shalt thou go, and no farther.”Who are you, that you should fretand rage, and bite the chains of Nature Nothing worse happens[註:Nothing worse happens &c.—‘Does’=Does happen.雖無更惡之事然與彼相同之事則不可免。] to you than does to al? nations who have extensive empire; and ill happens in all the forms into which empirecan be thrown. In large bodies, the circulation of power must beless vigorous at the extremities, Nature has said it.The Turk cannotgovern Egypt, and Arabia and Curdistan [註:Curdistan.突厥之屬地。去其本部甚遠。] as he governs Thrace; [註:Thrace 突厥在歐洲之屬地,在其東南。 ] nor has he the same dominion in Crimea and Algiers [註:Crimea and Algiers皆突厥領土。去其本國亦遠。]which he has at Brusa [註:Brusa在君士但丁之南。去之甚近。] and Smyrna. [註: Smyrna 在亞洲突厥之西。 臨Eugean 海。 ] Despotism itself is obliged to truck and huckster. [註: To truck and huckster.—交換者謂其此移彼置。 零售者喻其權力四分反致渙散薄弱也。] The sultan gets such obedience as he can. He governswith a loose rein, [註:Loose rein寬典。] that he may govern at all; [註:That he may governat all謂其欲求治之不得不用寬典。否則將叛去也。]and the whole of the force and vigor of his authority in his centreis derived from a prudent relaxation in all his borders. Spain, in her provinces, is, perhaps,not so well obeyed as you are in yours. Shecomplies too; she submits; she watches times. This is the immutable condition, the eternal law, of extensive and detached empire.

9. Then, sir, from these six capital sources, —of descent; ofform of government; of religion in the Northern provinces; of mannersin the southern; of education; of the remoteness of situation fromthe first mover [註:First mover.政府權力之源泉。] of government; —fromall these causes a fierce spirit of liberty has grown up. It has grown with the growth of the people in your colonies, and increased with the incrcase of their wealth—a spirit that, unhappily meeting with an exercise of power in England which, however lawful, is not reconcilable to any ideas of liberty, much less with theirs, has kindled this flame that is ready to consume us.

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