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:15495 字 更新时间:2026-6-19 10:46

"The destruction of the dynasties of Tsin and Soui," says a Chinese author, "was owing to this: the princes, instead of confining themselves, like their ancestors, to a general inspection, the only one worthy of a sovereign, wanted to govern everything immediately by themselves."[9] The Chinese author gives us in this instance the cause of the corruption of almost all monarchies.

Monarchy is destroyed when a prince thinks he shows a greater exertion of power in changing than in conforming to the order of things; when he deprives some of his subjects of their hereditary employments to bestow them arbitrarily upon others; and when he is fonder of being guided by fancy than judgment.

Again, it is destroyed when the prince, directing everything entirely to himself, calls the state to his capital, the capital to his court, and the court to his own person.

It is destroyed, in fine, when the prince mistakes his authority, his situation and the love of his people, and when he is not fully persuaded that a monarch ought to think himself secure, as a despotic prince ought to think himself in danger.

7. The same Subject continued. The principle of monarchy is corrupted when the first dignities are marks of the first servitude, when the great men are deprived of public respect, and rendered the low tools of arbitrary power.

It is still more corrupted when honour is set up in contradiction to honours, and when men are capable of being loaded at the very same time with infamy[10] and with dignities.

It is corrupted when the prince changes his justice into severity; when he puts, like the Roman emperors, a Medusa's head on his breast;[11] and when he assumes that menacing and terrible air which Commodus ordered to be given to his statues.[12]

Again, it is corrupted when mean and abject souls grow vain of the pomp attending their servitude, and imagine that the motive which induces them to be entirely devoted to their prince exempts them from all duty to their country.

But if it be true (and indeed the experience of all ages has shown it) that in proportion as the power of the monarch becomes boundless and immense, his security diminishes, is the corrupting of this power, and the altering of its very nature, a less crime than that of high treason against the prince?

8. Danger of the Corruption of the Principle of monarchical Government. The danger is not when the state passes from one moderate to another moderate government, as from a republic to a monarchy, or from a monarchy to a republic; but when it is precipitated from a moderate to a despotic government.

Most of the European nations are still governed by the principles of morality. But if from a long abuse of power or the fury of conquest, despotic sway should prevail to a certain degree, neither morals nor climate would be able to withstand its baleful influence: and then human nature would be exposed, for some time at least, even in this beautiful part of the world, to the insults with which she has been abused in the other three.

9. How ready the Nobility are to defend the Throne. The English nobility buried themselves with Charles the First under the ruins of the throne; and before that time, when Philip the Second endeavoured to tempt the French with the allurement of liberty, the crown was constantly supported by a nobility who think it an honour to obey a king, but consider it as the lowest disgrace to share the power with the people.

The house of Austria has ever used her endeavours to oppress the Hungarian nobility; little thinking how serviceable that very nobility would be one day to her. She would fain have drained their country of money, of which they had no plenty; but took no notice of the men, with whom it abounded. When princes combined to dismember her dominions, the several parts of that monarchy fell motionless, as it were one upon another. No life was then to be seen but in those very nobles, who, resenting the affronts offered to the sovereign, and forgetting the injuries done to themselves, took up arms to avenge her cause, and considered it the highest glory bravely to die and to forgive.

10. Of the Corruption of the Principle of despotic Government. The principle of despotic government is subject to a continual corruption, because it is even in its nature corrupt. Other governments are destroyed by particular accidents, which do violence to the principles of each constitution; this is ruined by its own intrinsic imperfections, when some accidental causes do not prevent the corrupting of its principles. It maintains itself therefore only when circumstances, drawn from the climate, religion, situation, or genius of the people, oblige it to conform to order, and to admit of some rule. By these things its nature is forced without being changed; its ferocity remains; and it is made tame and tractable only for a time.

11. Natural Effects of the Goodness and Corruption of the Principles of Government. When once the principles of government are corrupted, the very best laws become bad, and turn against the state: but when the principles are sound, even bad laws have the same effect as good; the force of the principle draws everything to it.

The inhabitants of Crete used a very singular method to keep the principal magistrates dependent on the laws, which was that of Insurrection. Part of the citizens rose up in arms,[13] put the magistrates to flight, and obliged them to return to a private life. This was supposed to be done in consequence of the law. One would have imagined that an institution of this nature, which established sedition to hinder the abuse of power, would have subverted any republic whatsoever; and yet it did not subvert that of Crete. The reason is this.[14]

When the ancients would cite a people that had the strongest affection for their country, they were sure to mention the inhabitants of Crete: "Our Country," said Plato,[15] "a name so dear to the Cretans." They called it by a name which signifies the love of a mother for her children.[16] Now the love of our country sets everything right.

The laws of Poland have likewise their Insurrection: but the inconveniences thence arising plainly show that the people of Crete alone were capable of using such a remedy with success.

The gymnic exercises established among the Greeks had the same dependence on the goodness of the principle of government. "It was the Laced?monians and Cretans," said Plato,[17] "that opened those celebrated academies which gave them so eminent a rank in the world. Modesty at first was alarmed; but it yielded to the public utility." In Plato's time these institutions were admirable:[18] as they bore a relation to a very important object, which was the military art. But when virtue fled from Greece, the military art was destroyed by these institutions; people appeared then on the arena, not for improvement, but for debauch.[19] Plutarch informs us[20] that the Romans in his time were of opinion that those games had been the principal cause of the slavery into which the Greeks had fallen. On the contrary, it was the slavery of the Greeks that corrupted those exercises. In Plutarch's time,[21] their fighting naked in the parks, and their wrestling, infected the young people with a spirit of cowardice, inclined them to infamous passions, and made them mere dancers. But under Epaminondas the exercise of wrestling made the Thebans win the famous battle of Leuctra.[22]

There are very few laws which are not good, while the state retains its principles: here I may apply what Epicurus said of riches. "It is not the liquor, but the vessel that is corrupted."

12. The same Subject continued. In Rome the judges were chosen at first from the order of senators. This privilege the Gracchi transferred to the knights; Drusus gave it to the senators and knights; Sulla to the senators only: Cotta to the senators, knights, and public treasurers; C?sar excluded the latter; Antony made decuries of senators, knights, and centurions.

When once a republic is corrupted, there is no possibility of remedying any of the growing evils, but by removing the corruption and restoring its lost principles; every other correction is either useless or a new evil. While Rome preserved her principles entire, the judicial power might without any abuse be lodged in the hands of senators; but as soon as this city became corrupt, to whatsoever body that power was transferred, whether to the senate, to the knights, to the treasurers, to two of those bodies, to all three together, or to any other, matters still went wrong. The knights had no more virtue than the senate, the treasurers no more than the knights, and these as little as the centurions.

After the people of Rome had obtained the privilege of sharing the magistracy with the patricians, it was natural to think that their flatterers would immediately become arbiters of the government. But no such thing ever happened. -- It was observable that the very people who had rendered the plebeians capable of public offices ever fixed their choice upon the patricians. Because they were virtuous, they were magnanimous; and because they were free, they had a contempt of power.

But when their morals were corrupted, the more power they were possessed of, the less prudent was their conduct, till at length, upon becoming their own tyrants and slaves, they lost the strength of liberty to fall into the weakness and impotency of licentiousness.

13. The Effect of an Oath among virtuous People. There is no nation, says Livy,[23] that has been longer uncorrupted than the Romans; no nation where moderation and poverty have been longer respected.

Such was the influence of an oath among those people that nothing bound them more strongly to the laws. They often did more for the observance of an oath than they would ever have performed for the thirst of glory or for the love of their country.

When Quintus Cincinnatus, the consul, wanted to raise an army in the city against the ?qui and the Volsci, the tribunes opposed him. "Well," said he, "let all those who have taken an oath to the consul of the preceding year march under my banner."[24] In vain did the tribunes cry out that this oath was no longer binding, and that when they took it Quintus was but a private person: the people were more religious than those who pretended to direct them; they would not listen to the distinctions or equivocations of the tribunes.

When the same people thought of retiring to the Sacred Mount, they felt some remorse from the oath they had taken to the consuls, that they would follow them into the field.[25] They entered then into a design of killing the consuls; but dropped it when they were given to understand that their oath would still be binding. Now it is easy to judge of the notion they entertained of the violation of an oath from the crime they intended to commit.

After the battle of Cann?, the people were seized with such a panic that they would fain have retired to Sicily. But Scipio having prevailed upon them to swear they would not stir from Rome, the fear of violating this oath surpassed all other apprehensions. Rome was a ship held by two anchors, religion and morality, in the midst of a furious tempest.

14. How the smallest Change of the Constitution is attended with the Ruin of its Principles. Aristotle mentions the city of Carthage as a well-regulated republic. Polybius tells us[26] that there was this inconvenience at Carthage in the second Punic war, that the senate had lost almost all its authority. We are informed by Livy that when Hannibal returned to Carthage he found that the magistrates and the principal citizens had abused their power, and converted the public revenues to their private emolument. The virtue, therefore, of the magistrates, and the authority of the senate, both fell at the same time; and all was owing to the same cause.

Every one knows the wonderful effects of the censorship among the Romans. There was a time when it grew burdensome; but still it was supported because there was more luxury than corruption. Claudius[27] weakened its authority, by which means the corruption became greater than the luxury, and the censorship dwindled away of itself.[28] After various interruptions and resumptions, it was entirely laid aside, till it became altogether useless, that is, till the reigns of Augustus and Claudius.

15. Sure Methods of preserving the three Principles. I shall not be able to make myself rightly understood till the reader has perused the four following chapters.

16. Distinctive Properties of a Republic. It is natural for a republic to have only a small territory; otherwise it cannot long subsist. In an extensive republic there are men of large fortunes, and consequently of less moderation; there are trusts too considerable to be placed in any single subject; he has interests of his own; he soon begins to think that he may be happy and glorious, by oppressing his fellow-citizens; and that he may raise himself to grandeur on the ruins of his country.

In an extensive republic the public good is sacrificed to a thousand private views; it is subordinate to exceptions, and depends on accidents. In a small one, the interest of the public is more obvious, better understood, and more within the reach of every citizen; abuses have less extent, and of course are less protected.

The long duration of the republic of Sparta was owing to her having continued in the same extent of territory after all her wars. The sole aim of Sparta was liberty; and the sole advantage of her liberty, glory.

It was the spirit of the Greek republics to be as contented with their territories as with their laws. Athens was first fired with ambition and gave it to Laced?mon; but it was an ambition rather of commanding a free people than of governing slaves; rather of directing than of breaking the union. All was lost upon the starting up of monarchy -- a government whose spirit is more turned to increase of dominion.

Excepting particular circumstances,[29] it is difficult for any other than a republican government to subsist longer in a single town. A prince of so petty a state would naturally endeavour to oppress his subjects, because his power would be great, while the means of enjoying it or of causing it to be respected would be inconsiderable. The consequence is, he would trample upon his people. On the other hand, such a prince might be easily crushed by a foreign or even a domestic force; the people might any instant unite and rise up against him. Now as soon as the sovereign of a single town is expelled, the quarrel is over; but if he has many towns, it only begins.

17. Distinctive Properties of a Monarchy. A monarchical state ought to be of moderate extent. Were it small, it would form itself into a republic; were it very large, the nobility, possessed of great estates, far from the eye of the prince, with a private court of their own, and secure, moreover, from sudden executions by the laws and manners of the country -- such a nobility, I say, might throw off their allegiance, having nothing to fear from too slow and too distant a punishment.

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