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:15582 字 更新时间:2026-6-19 10:46

5. Dr. Arbuthnot finds that in England the number of boys exceeds that of girls; but people have been to blame to conclude that the case is the same in all climates.

6. See Kempfer, who relates that upon numbering the people of Meaco there were found 182,072 males, and 223,573 females.

7. Father Du Halde, History of China, iv, p. 4.

8. Albuzeir-el-hassen, one of the Mahometan Arabs who, in the ninth century, went into India and China, thought this custom a prostitution. And indeed nothing could be more contrary to the ideas of a Mahometan.

9. Collection of Voyages that Contributed to the Establishment of the East India Company, i.

10. See Francis Pirard, 27. Edifying Letters, coll. iii, x, on the Malleami on the coast of Malabar. This is considered as an abuse of the military profession, as a woman, says Pirard, of the tribe of the Bramins never would marry many husbands.

11. This is the reason why women in the East are so carefully concealed.

12. Life and Actions of Justinian, p. 403.

13. Laugier de Tassis, History of the Kingdom of Algiers.

14. See Pirard, Voyages, 12.

15. Exod., 21. 10, 11.

16. "It is an admirable touch-stone, to find by oneself a treasure, and to know the right owner; or to see a beautiful woman in a lonely apartment; or to hear the cries of an enemy, who must perish without our assistance." -- Translation of a Chinese piece of morality, which may be seen in Du Halde, iii, p. 151.

17. Collection of Voyages that Contributed to the Establishment of the East India Company, ii, part II, p. 196.

18. In the Maldivian isles the fathers marry their daughters at ten and eleven years of age, because it is a great sin, say they, to suffer them to endure the want of a husband. See Pirard, 12. At Bantam, as soon as a girl is twelve or thirteen years old, she must be married, if they would not have her lead a debauched life. Collection of Voyages that Contributed to the Establishment of the East India Company, p. 348.

19. Voyage to Guinea, part II, p. 192. "When the women happen to meet with a man, they lay hold of him, and threaten to make a complaint to their husbands if he slight their addresses. They steal into a man's bed, and wake him; and if he refuses to comply with their desires, they threaten to suffer themselves to be caught in flagranti."

20. Mahomet desired his followers to watch their wives; a certain Iman, when he was dying, said the same thing; and Confucius preached the same doctrine.

21. It does not follow hence that repudiation on account of sterility should be permitted amongst Christians.

22. They took them again preferably to any other, because in this case there was less expense. -- Pirard, Travels.

23. Solis, History of the Conquest of Mexico, p. 499.

24. Romulus.

25. This was a law of Solon.

26. Mimam res suas sibi habere jussit, ex duodecim tabulis causam addidit. -- Philipp, ii. 69.

27. Justinian altered this, Nov. 117, cap. x.

28. Book ii.

29. Book ii. 4.

30. Book iv. 3.

31. According to Dionysius Halicarnassus and Valerius Maximus; and five hundred and twenty-three, according to Aulus Gellius. Neither did they agree in placing this under the same consuls.

32. See the Speech of Veturia in Dionysius Halicarnassus, viii.

33. Plutarch, Romulus.

34. Ibid.

35. Indeed sterility is not a cause mentioned by the law of Romulus: but to all appearance he was not subject to a confiscation of his effects, since he followed the orders of the censors.

36. In his comparison between Theseus and Romulus.

37. Book xxiii, 21.

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Book XVII. How the Laws of Political Servitude Bear a Relation to the Nature of the Climate

1. Of political Servitude. Political servitude does not less depend on the nature of the climate than that which is civil and domestic; and this we shall now demonstrate.

2. The Difference between Nations in point of Courage. We have already observed that great heat enervates the strength and courage of men, and that in cold climates they have a certain vigour of body and mind, which renders them patient and intrepid, and qualifies them for arduous enterprises. This remark holds good, not only between different nations, but even in the different parts of the same country. In the north of China[1] people are more courageous than those in the south; and those in the south of Korea[2] have less bravery than those in the north.

We ought not, then, to be astonished that the effeminacy of the people in hot climates has almost always rendered them slaves; and that the bravery of those in cold climates has enabled them to maintain their liberties. This is an effect which springs from a natural cause.

This has also been found true in America; the despotic empires of Mexico and Peru were near the Line, and almost all the little free nations were, and are still, near the Poles.

3. Of the Climate of Asia. The relations of travellers[3] inform us "that the vast continent of the north of Asia, which extends from forty degrees or thereabouts to the Pole, and from the frontiers of Muscovy even to the eastern ocean, is in an extremely cold climate; that this immense tract of land is divided by a chain of mountains which run from west to east, leaving Siberia on the north, and Great Tartary on the south; that the climate of Siberia is so cold that, excepting a few places, it is unsusceptible of cultivation; and that, though the Russians have settlements all along the Irtis, they cultivate nothing; that this country produces only some little firs and shrubs; that the natives of the country are divided into wretched hordes or tribes, like those of Canada; that the reason of this cold proceeds, on the one hand, from the height of the land, and on the other from the mountains, which, in proportion as they run from south to north, are levelled in such a manner that the north wind everywhere blows without opposition; that this wind, which renders Nova Zembia uninhabitable, blowing in Siberia makes it a barren waste; that in Europe, on the contrary, the mountains of Norway and Lapland are admirable bulwarks, which cover the northern countries from the wind; so that at Stockholm, which is about fifty-nine degrees latitude, the earth produces plants, fruits, and corn; and that about Abo, which is sixty-one degrees, and even to sixty-three and sixty-four, there are mines of silver, and the land is fruitful enough."

We see also in these relations "that Great Tartary, situated to the south of Siberia, is also exceedingly cold; that the country will not admit of cultivation; that nothing can be found but pasturage for flocks and herds; that trees will not grow there, but only brambles, as in Iceland; that there are, near China and India, some countries where there grows a kind of millet, but that neither corn nor rice will ripen; that there is scarcely a place in Chinese Tartary at forty-three, forty-four, and forty-five degrees where it does not freeze seven or eight months in the year, so that it is as cold as Iceland, though it might be imagined, from its situation, to be as hot as the south of France; that there are no cities, except four or five towards the eastern ocean, and some which the Chinese, for political reasons, have built near China; that in the rest of Great Tartary there are only a few situated in Buchar, Turkestan, and Cathay; that the reason of this extreme cold proceeds from the nature of the nitrous earth, full of saltpetre and sand, and more particularly from the height of the land. Father Verbiest found that a certain place, eighty leagues north of the great wall, towards the source of Kavamhuran, exceeded the height of the sea near Pekin three thousand geometrical paces; that this height[4] is the cause that though almost all the great rivers of Asia have their source in this country, there is, however, so great a want of water that it can be inhabited only near the rivers and lakes."

These facts being laid down, I reason thus: Asia has properly no temperate zone, as the places situated in a very cold climate immediately touch upon those which are exceedingly hot, that is, Turkey, Persia, India, China, Korea, and Japan.

In Europe, on the contrary, the temperate zone is very extensive, though situated in climates widely different from each other; there being no affinity between the climates of Spain and Italy and those of Norway and Sweden. But as the climate grows insensibly cold upon our advancing from south to north, nearly in proportion to the latitude of each country, it thence follows that each resembles the country joining it; that there is no very extraordinary difference between them, and that, as I have just said, the temperate zone is very extensive.

Hence it comes that in Asia, the strong nations are opposed to the weak; the warlike, brave, and active people touch immediately upon those who are indolent, effeminate, and timorous; the one must, therefore, conquer, and the other be conquered. In Europe, on the contrary, strong nations are opposed to the strong; and those who join each other have nearly the same courage. This is the grand reason of the weakness of Asia, and of the strength of Europe; of the liberty of Europe, and of the slavery of Asia: a cause that I do not recollect ever to have seen remarked. Hence it proceeds that liberty in Asia never increases; whilst in Europe it is enlarged or diminished, according to particular circumstances.

The Russian nobility have indeed been reduced to slavery by the ambition of one of their princes; but they have always discovered those marks of impatience and discontent which are never to be seen in the southern climates. Have they not been able for a short time to establish an aristocratic government? Another of the northern kingdoms has lost its laws; but we may trust to the climate that they are not lost in such a manner as never to be recovered.

4. The Consequences resulting from this. What we have now said is perfectly conformable to history. Asia has been subdued thirteen times; eleven by the northern nations, and twice by those of the south. In the early ages it was conquered three times by the Scythians; afterwards it was subdued once by the Medes, and once by the Persians; again by the Greeks, the Arabs, the Moguls, the Turks, the Tartars, the Persians, and the Afghans. I mention only the Upper Asia, and say nothing of the invasions made in the rest of the south of that part of the world which has most frequently suffered prodigious revolutions.

In Europe, on the contrary, since the establishment of the Greek and Phoenician colonies, we know but of four great changes; the first caused by the conquest of the Romans; the second by the inundation of barbarians, who destroyed those very Romans; the third by the victories of Charlemagne; and the last by the invasions of the Normans. And if this be rightly examined, we shall find, even in these changes, a general strength diffused through all the parts of Europe. We know the difficulty which the Romans met with in conquering Europe, and the ease and facility with which they invaded Asia. We are sensible of the difficulties the northern nations had to encounter in overturning the Roman empire; of the wars and labours of Charlemagne; and of the several enterprises of the Normans. The destroyers were incessantly destroyed.

5. That when the People in the North of Asia and those of the North of Europe made Conquests, the Effects of the Conquest were not the same. The nations in the north of Europe conquered as freemen; the people in the north of Asia conquered as slaves, and subdued as others only to gratify the ambition of a master.

The reason is that the people of Tartary, the natural conquerors of Asia, are themselves enslaved. They are incessantly making conquests in the south of Asia, where they form empires: but that part of the nation which continues in the country finds that it is subject to a great master, who, being despotic in the south, will likewise be so in the north, and exercising an arbitrary power over the vanquished subjects, pretends to the same over the conquerors. This is at present most conspicuous in that vast country called Chinese Tartary, which is governed by the emperor, with a power almost as despotic as that of China itself, and which he every day extends by his conquests.

We may likewise see in the history of China that the emperors[5] sent Chinese colonies into Tartary. These Chinese have become Tartars, and the mortal enemies of China; but this does not prevent their carrying into Tartary the spirit of the Chinese government.

A part of the Tartars who were conquerors have very often been themselves expelled; when they have carried into their deserts that servile spirit which they had acquired in the climate of slavery. The history of China furnishes us with strong proofs of this assertion, as does also our ancient history.[6]

Hence it follows that the genius of the Getic or Tartarian nation has always resembled that of the empires of Asia. The people in these are governed by the cudgel; the inhabitants of Tartary by whips. The spirit of Europe has ever been contrary to these manners; and in all ages, what the people of Asia have called punishment those of Europe have deemed the most outrageous abuse.[7]

The Tartars who destroyed the Grecian empire established in the conquered countries slavery and despotic power: the Goths, after subduing the Roman empire, founded monarchy and liberty.

I do not know whether the famous Rudbeck, who in his Atlantica has bestowed such praises on Scandinavia, has made mention of that great prerogative which ought to set this people above all the nations upon earth; namely, this country's having been the source of the liberties of Europe -- that is, of almost all the freedom which at present subsists amongst mankind.

Jornandes the Goth called the north of Europe the forge of the human race. I should rather call it the forge where those weapons were framed which broke the chains of southern nations. In the north were formed those valiant people who sallied forth and deserted their countries to destroy tyrants and slaves, and to teach men that, nature having made them equal, reason could not render them dependent, except where it was necessary to their happiness.

6. A new physical Cause of the Slavery of Asia, and of the Liberty of Europe. In Asia they have always had great empires; in Europe these could never subsist. Asia has larger plains; it is cut out into much more extensive divisions by mountains and seas; and as it lies more to the south, its springs are more easily dried up; the mountains are less covered with snow; and the rivers, being not so large, form more contracted barriers.[8]

Power in Asia ought, then, to be always despotic; for if their slavery was not severe they would soon make a division inconsistent with the nature of the country.

In Europe the natural division forms many nations of a moderate extent, in which the ruling by laws is not incompatible with the maintenance of the state: on the contrary, it is so favourable to it, that without this the state would fall into decay, and become a prey to its neighbours.

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