饭饭TXT > 海外名作 > 《The Spirit of Law/法的精神(英文版)》作者:[法国]Montesquieu/孟德斯鸠【完结】 > 《The Spirit of Laws法的精神》.txt

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作者:法国-Montesquieu/孟德斯鸠 当前章节:15373 字 更新时间:2026-6-19 10:46

The Samnites were descended from the Laced?monians; and Plato, whose institutes are only an improvement of those of Lycurgus, enacted nearly the same law.[39]

17. Of Female Administration. It is contrary to reason and nature that women should reign in families, as was customary among the Egyptians; but not that they should govern an empire. In the former case the state of their natural weakness does not permit them to have the pre-eminence; in the latter their very weakness generally gives them more lenity and moderation, qualifications fitter for a good administration than roughness and severity.

In the Indies they are very easy under a female government; and it is settled that if the male issue be not of a mother of the same blood, the females born of a mother of the blood-royal must succeed.[40] And then they have a certain number of persons who assist them to bear the weight of the government. According to Mr. Smith,[41] they are very easy in Africa under female administration. If to this we add the example of England and Russia, we shall find that they succeed alike both in moderate and despotic governments.

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1. The first census was the hereditary share in land, and Plato would not allow them to have, in other effects, above a triple of the hereditary share. See his Laws, v.

2. "In large and populous cities," says the author of the Fable of the Bees, i, p. 133, "they wear clothes above their rank, and, consequently, have the pleasure of being esteemed by a vast majority, not as what they are, but what they appear to be. They have the satisfaction of imagining that they appear what they would be: which, to weak minds, is a pleasure almost as substantial as they could reap from the very accomplishment of their wishes."

3. Chapters 3, 4.

4. Fragment of the 36th book of Diodorus, quoted by Constantine Porphyrogenitus, in his Extract of Virtues and Vices.

5. Cum maximus omnium impetus ad luxuriant esset. -- Ibid.

6. De Moribus Germanorum, 44.

7. Dio Cassius, liv. 16.

8. Tacitus, Annals, iii. 34.

9. Malta duritiei veterum melius et latius mutata -- Tacitus,Annals, iii. 34.

10. Opulentia paritura mox egestatem. -- Florus, iii. 12.

11. Constitution of James I in the year 1234, art. 6, in Marca Hispanica, p. 1429.

12. They have prohibited rich wines and other costly merchandise.

13. Lettres persanes, 106. See below, xx. 20.

14. Luxury has been here always prohibited.

15. In an ordinance quoted by Father Du Halde, ii, p. 497.

16. History of China, 21st Dynasty, in Father Du Halde's work, i.

17. In a discourse cited by Father Du Halde, iii, p. 418.

18. "In respect to true love," says Plutarch, "the women have nothing to say to it." In his Treatise of Love, p. 600. He spoke in the style of his time. See Xenophon in the dialogue intitled Hiero.

19. At Athens there was a particular magistrate who inspected the conduct of women.

20. Romulus instituted this tribunal, as appears from Dionysius Halicarnassus, ii, p. 96.

21. See in Livy, xxxix, the use that was made of this tribunal at the time of the conspiracy of the Bacchanalians (they gave the name of conspiracy against the republic to assemblies in which the morals of women and young people were debauched.)

22. It appears from Dionysius Halicarnassus, ii, that Romulus's institution was that in ordinary cases the husband should sit as judge in the presence of the wife's relatives, but that in heinous crimes he should determine in conjunction with five of them. Hence Ulpian, tit. 6, 9, 12, 13, distinguishes in respect to the different judgments of manners between those which he calls important, and those which are less so: mores graviores, mores leviores.

23. Judicio de moribus (quod antea quidem in antiquis legibus positum erat, non autem frequentabatur) penitus abolito. Leg. 11. Cod. de repud.

24. Judicia extraordinaria.

25. It was entirely abolished by Constantine: "It is a shame," said he, "that settled marriages should be disturbed by the presumption of strangers."

26. Sextus Quintus ordained, that if a husband did not come and make his complaint to him of his wife's infidelity, he should be put to death. See Leti, Life of Sextus V.

27. Nisi convenissent in manum viri.

28. Ne sis mihi patruus oro.

29. The Papian law ordained, under Augustus, that women who had borne three children should be exempt from this tutelage.

30. This tutelage was by the Germans called Mundeburdium.

31. Upon their bringing before him a young man who had married a woman with whom he had before carried on an illicit commerce, he hesitated a long while, not daring to approve or to punish these things. At length recollecting himself, "Seditions," says he, "have been the cause of very great evils; let us forget them." Dio, liv. 16. The senate having desired him to give them some regulations in respect to women's morals, he evaded their petition by telling them that they should chastise their wives in the same manner as he did his; upon which they desired him to tell them how he behaved to his wife. (I think a very indiscreet question.)

32. Tacitus, Annals, iii. 24.

33. This law is given in the Digest, but without mentioning the penalty. It is supposed it was only relegatio, because that of incest was only deportatio. Leg., si quis viduam, ff. de qu?st.

34. Tacitus, Annals, iv. 19.

35. Ibid., ii. 50.

36. Dec. 4, iv.

37. Marseilles was the wisest of all the republics in its time; here it was ordained that dowries should not exceed one hundred crowns in money, and five in clothes, as Strabo observes, iv.

38. Fragment of Nicolaus Damascenus, taken from Stob?us in the collection of Constantine Porphyrogenitus.

39. He even permits them to have a more frequent interview with one another.

40. Edifying Letters, coll. xiv.

41. Voyage to Guinea, part the second, p. 165, of the kingdom of Angola, on the Golden Coast.

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Book VIII. Of the Corruption of the Principles of the Three Governments

1. General Idea of this Book. The corruption of this government generally begins with that of the principles.

2. Of the Corruption of the Principles of Democracy. The principle of democracy is corrupted not only when the spirit of equality is extinct, but likewise when they fall into a spirit of extreme equality, and when each citizen would fain be upon a level with those whom he has chosen to command him. Then the people, incapable of bearing the very power they have delegated, want to manage everything themselves, to debate for the senate, to execute for the magistrate, and to decide for the judges.

When this is the case, virtue can no longer subsist in the republic. The people are desirous of exercising the functions of the magistrates, who cease to be revered. The deliberations of the senate are slighted; all respect is then laid aside for the senators, and consequently for old age. If there is no more respect for old age, there will be none presently for parents; deference to husbands will be likewise thrown off, and submission to masters. This licence will soon become general, and the trouble of command be as fatiguing as that of obedience. Wives, children, slaves will shake off all subjection. No longer will there be any such thing as manners, order, or virtue.

We find in Xenophon's Banquet a very lively description of a republic in which the people abused their equality. Each guest gives in his turn the reason why he is satisfied. "Content I am," says Chamides, "because of my poverty. When I was rich, I was obliged to pay my court to informers, knowing I was more liable to be hurt by them than capable of doing them harm. The republic constantly demanded some new tax of me; and I could not decline paying. Since I have grown poor, I have acquired authority; nobody threatens me; I rather threaten others. I can go or stay where I please. The rich already rise from their seats and give me the way. I am a king, I was before a slave: I paid taxes to the republic, now it maintains me: I am no longer afraid of losing: but I hope to acquire."

The people fall into this misfortune when those in whom they confide, desirous of concealing their own corruption, endeavour to corrupt them. To disguise their own ambition, they speak to them only of the grandeur of the state; to conceal their own avarice, they incessantly flatter theirs.

The corruption will increase among the corruptors, and likewise among those who are already corrupted. The people will divide the public money among themselves, and, having added the administration of affairs to their indolence, will be for blending their poverty with the amusements of luxury. But with their indolence and luxury, nothing but the public treasure will be able to satisfy their demands.

We must not be surprised to see their suffrages given for money. It is impossible to make great largesses to the people without great extortion: and to compass this, the state must be subverted. The greater the advantages they seem to derive from their liberty, the nearer they approach towards the critical moment of losing it. Petty tyrants arise who have all the vices of a single tyrant. The small remains of liberty soon become insupportable; a single tyrant starts up, and the people are stripped of everything, even of the profits of their corruption.

Democracy has, therefore, two excesses to avoid -- the spirit of inequality, which leads to aristocracy or monarchy, and the spirit of extreme equality, which leads to despotic power, as the latter is completed by conquest.

True it is that those who corrupted the Greek republics did not always become tyrants. This was because they had a greater passion for eloquence than for the military art. Besides there reigned an implacable hatred in the breasts of the Greeks against those who subverted a republican government; and for this reason anarchy degenerated into annihilation, instead of being changed into tyranny.

But Syracuse being situated in the midst of a great number of petty states, whose government had been changed from oligarchy to tyranny,[1] and being governed by a senate[2] scarcely ever mentioned in history, underwent such miseries as are the consequence of a more than ordinary corruption. This city, ever a prey to licentiousness[3] or oppression, equally labouring under the sudden and alternate succession of liberty and servitude, and notwithstanding her external strength, constantly determined to a revolution by the least foreign power -- this city, I say, had in her bosom an immense multitude of people, whose fate it was to have always this cruel alternative, either of choosing a tyrant to govern them, or of acting the tyrant themselves.

3. Of the Spirit of extreme Equality. As distant as heaven is from earth, so is the true spirit of equality from that of extreme equality. The former does not imply that everybody should command, or that no one should be commanded, but that we obey or command our equals. It endeavours not to shake off the authority of a master, but that its masters should be none but its equals.

In the state of nature, indeed, all men are born equal, but they cannot continue in this equality. Society makes them lose it, and they recover it only by the protection of the laws.

Such is the difference between a well-regulated democracy and one that is not so, that in the former men are equal only as citizens, but in the latter they are equal also as magistrates, as senators, as judges, as fathers, as husbands, or as masters.

The natural place of virtue is near to liberty; but it is not nearer to excessive liberty than to servitude.

4. Particular Cause of the Corruption of the People. Great success, especially when chiefly owing to the people, intoxicates them to such a degree that it is impossible to contain them within bounds. Jealous of their magistrates, they soon became jealous likewise of the magistracy; enemies to those who govern, they soon prove enemies also to the constitution. Thus it was that the victory over the Persians in the straits of Salamis corrupted the republic of Athens;[4] and thus the defeat of the Athenians ruined the republic of Syracuse.[5]

Marseilles never experienced those great transitions from lowness to grandeur; this was owing to the prudent conduct of that republic, which always preserved her principles.

5. Of the Corruption of the Principle of Aristocracy. Aristocracy is corrupted if the power of the nobles becomes arbitrary: when this is the case, there can no longer be any virtue either in the governors or the governed.

If the reigning families observe the laws, it is a monarchy with several monarchs, and in its own nature one of the most excellent; for almost all these monarchs are tied down by the laws. But when they do not observe them, it is a despotic state swayed by a great many despotic princes.

In the latter case, the republic consists only in the nobles. The body governing is the republic; and the body governed is the despotic state; which forms two of the most heterogeneous bodies in the world.

The extremity of corruption is when the power of the nobles becomes hereditary;[6] for then they can hardly have any moderation. If they are only a few, their power is greater, but their security less: if they are a larger number, their power is less, and their security greater, insomuch that power goes on increasing, and security diminishing, up to the very despotic prince who is encircled with excess of power and danger.

The great number, therefore, of nobles in an hereditary aristocracy renders the government less violent: but as there is less virtue, they fall into a spirit of supineness and negligence, by which the state loses all its strength and activity.[7]

An aristocracy may maintain the full vigour of its constitution if the laws be such as are apt to render the nobles more sensible of the perils and fatigues than of the pleasure of command: and if the government be in such a situation as to have something to dread, while security shelters under its protection, and uncertainty threatens from abroad.

As a certain kind of confidence forms the glory and stability of monarchies, republics, on the contrary, must have something to apprehend.[8] A fear of the Persians supported the laws of Greece. Carthage and Rome were alarmed, and strengthened by each other. Strange, that the greater security those states enjoyed, the more, like stagnated waters, they were subject to corruption!

6. Of the Corruption of the Principle of Monarchy. As democracies are subverted when the people despoil the senate, the magistrates, the judges of their functions, so monarchies are corrupted when the prince insensibly deprives societies or cities of their privileges. In the former case the multitude usurp the power, in the latter it is usurped by a single person.

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