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:15456 字 更新时间:2026-6-19 10:46

The clergy not being able to protect religion, nor to be protected by it, only seek to persuade; their pens therefore furnish us with excellent works in proof of a revelation and of the providence of the Supreme Being.

Yet the state prevents the sitting of their assemblies, and does not suffer them to correct their own abuses; it chooses thus, through a caprice of liberty, rather to leave their reformation imperfect than to suffer the clergy to be the reformers.

Those dignities which make a fundamental part of the constitution are more fixed than elsewhere; but, on the other hand, the great in this country of liberty are nearer upon a level with the people; their ranks are more separated, and their persons more confounded.

As those who govern have a power which, in some measure, has need of fresh vigour every day, they have a greater regard for such as are useful to them than for those who only contribute to their amusement: we see, therefore, fewer courtiers, flatterers, and parasites; in short, fewer of all those who make their own advantage of the folly of the great.

Men are less esteemed for frivolous talents and attainments than for essential qualities; and of this kind there are but two, riches and personal merit.

They enjoy a solid luxury, founded, not on the refinements of vanity, but on that of real wants; they ask nothing of nature but what nature can bestow.

The rich enjoy a great superfluity of fortune, and yet have no relish for frivolous amusements; thus, many having more wealth than opportunities of expense, employ it in a fantastic manner: in this nation they have more judgment than taste.

As they are always employed about their own interest, they have not that politeness which is founded on indolence; and they really have not leisure to attain it.

The era of Roman politeness is the same as that of the establishment of arbitrary power. An absolute government produces indolence, and this gives birth to politeness.

The more people there are in a nation who require circumspect behaviour, and care not to displease, the more there is of politeness. But it is rather the politeness of morals than that of manners which ought to distinguish us from barbarous nations.

In a country where every man has, in some sort, a share in the administration of the government, the women ought scarcely to live with the men. They are therefore modest, that is, timid; and this timidity constitutes their virtue: whilst the men without a taste for gallantry plunge themselves into a debauchery, which leaves them at leisure, and in the enjoyment of their full liberty.

Their laws not being made for one individual more than another, each considers himself a monarch; and, indeed, the men of this nation are rather confederates than fellow-subjects.

As the climate has given many persons a restless spirit and extended views, in a country where the constitution gives every man a share in its government and political interests, conversation generally turns upon politics: and we see men spend their lives in the calculation of events which, considering the nature of things and the caprices of fortune, or rather of men, can scarcely be thought subject to the rules of calculation.

In a free nation it is very often a matter of indifference whether individuals reason well or ill; it is sufficient that they do reason: hence springs that liberty which is a security from the effects of these reasonings.

But in a despotic government, it is equally pernicious whether they reason well or ill; their reasoning is alone sufficient to shock the principle of that government.

Many people who have no desire of pleasing abandon themselves to their own particular humour; and most of those who have wit and ingenuity are ingenious in tormenting themselves: filled with contempt or disgust for all things, they are unhappy amidst all the blessings that can possibly contribute to promote their felicity.

As no subject fears another, the whole nation is proud; for the pride of kings is founded only on their independence.

Free nations are haughty; others may more properly be called vain.

But as these men who are naturally so proud live much by themselves, they are commonly bashful when they appear among strangers; and we frequently see them behave for a considerable time with an odd mixture of pride and ill-placed shame.

The character of the nation is more particularly discovered in their literary performances, in which we find the men of thought and deep meditation.

As society gives us a sense of the ridicule of mankind, retirement renders us more fit to reflect on the folly of vice. Their satirical writings are sharp and severe, and we find among them many Juvenals, without discovering one Horace.

In monarchies extremely absolute, historians betray the truth, because they are not at liberty to speak it; in states remarkably free, they betray the truth, because of their liberty itself; which always produces divisions, every one becoming as great a slave to the prejudices of his faction as he could be in a despotic state.

Their poets have more frequently an original rudeness of invention than that particular kind of delicacy which springs from taste; we there find something which approaches nearer to the bold strength of a Mich?l Angelo than to the softer graces of a Raph?l.

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1. They cut out the tongues of the advocates, and cried, "Viper, don't hiss." -- Tacitus.

2. Agathias, iv.

3. Justin, xxxviii.

4. Calumnias litium -- Ibid.

5. Tacitus.

6. He has described this interview, which happened in 1596, in the Collection of Voyages that Contributed to the Establishment of the East India Company, iii, part I, p. 33.

7. Book liv. 17, p. 532.

8. Fable of the Bees.

9. The people who follow the khan of Malacamber, those of Carnataca and Coromandel, are proud and indolent; they consume little, because they are miserably poor; while the subjects of the Mogul and the people of Hindostan employ themselves, and enjoy the conveniences of life, like the Europeans. -- Collection of Voyages that Contributed to the Establishment of the East India Company, i, p. 54.

10. See Dampier, iii.

11. Edifying Letters, coll. xil, p. 80.

12. Book xliii. 2.

13. By the nature of the soil and climate.

14. Father Du Halde, ii.

15. Father Du Halde.

16. Moses made the same code for laws and religion. The old Romans confounded the ancient customs with the laws.

17. See Father Du Halde.

18. See the classic books from which Father Du Halde gives us some excellent extracts.

19. It is this which has established emulation, which has banished laziness, and cultivated a love of learning.

20. See the reasons given by the Chinese magistrates in their decrees for proscribing the Christian religion. Edifying Letters, coll. xvii.

21. See iv. 3, xix. 13.

22. See xxiv. 3.

23. Lange, Journal in 1721 and 1722; in Voyages to the North, viii, p. 363.

24. Plutarch, Solon.

25. Laws, xii.

26. Ibid., xii.

27. In simplum.

28. Livy, xxxviii.

29. Institutes, ii. tit. 6, § 2. Ozel's compilation, Leyden, 1658.

30. Ibid., ii., De Pupil. substit. § 3.

31. The form of the vulgar substitution ran thus: "If such a one is unwilling to take the inheritance, I substitute in his stead," &c.; the pupillary substitution: "If such a one dies before he arrives at the age of puberty, I substitute," &c.

32. Book iii, tit. 5, § 5.

33. Leg. 8, Cod., De Repud.

34. And the law of the Twelve Tables. See Cicero, Philipp., ii. 69.

35. Si verberibus qua ingenuis aliena sunt, afficientem probaverit.

36. In Nov. 117, cap. xiv.

37. Chapter 6.

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Book XX. Of Laws in Relation to Commerce, Considered in its Nature and Distinctions

1. Of Commerce. The following subjects deserve to be treated in a more extensive manner than the nature of this work will permit. Fain would I glide down a gentle river, but I am carried away by a torrent.

Commerce is a cure for the most destructive prejudices; for it is almost a general rule that wherever we find agreeable manners, there commerce flourishes; and that wherever there is commerce, there we meet with agreeable manners.

Let us not be astonished, then, if our manners are now less savage than formerly. Commerce has everywhere diffused a knowledge of the manners of all nations: these are compared one with another, and from this comparison arise the greatest advantages.

Commercial laws, it may be said, improve manners tor the same reason that they destroy them. They corrupt the purest morals.[1] This was the subject of Plato's complaints; and we every day see that they polish and refine the most barbarous.

2. Of the Spirit of Commerce. Peace is the natural effect of trade. Two nations who traffic with each other become reciprocally dependent; for if one has an interest in buying, the other has an interest in selling: and thus their union is founded on their mutual necessities.

But if the spirit of commerce unites nations, it does not in the same manner unite individuals. We see that in countries[2] where the people move only by the spirit of commerce, they make a traffic of all the humane, all the moral virtues; the most trifling things, those which humanity would demand, are there done, or there given, only for money.

The spirit of trade produces in the mind of a man a certain sense of exact justice, opposite, on the one hand, to robbery, and on the other to those moral virtues which forbid our always adhering rigidly to the rules of private interest, and suffer us to neglect this for the advantage of others.

The total privation of trade, on the contrary, produces robbery, which Aristotle ranks in the number of means of acquiring; yet it is not at all inconsistent with certain moral virtues. Hospitality, for instance, is most rare in trading countries, while it is found in the most admirable perfection among nations of vagabonds.

It is a sacrilege, says Tacitus, for a German to shut his door against any man whomsoever, whether known or unknown. He who has behaved with hospitality to a stranger goes to show him another house where this hospitality is also practised; and he is there received with the same humanity.[3] But when the Germans had founded kingdoms, hospitality had become burdensome. This appears by two laws of the code of the Burgundians;[4] one of which inflicted a penalty on every barbarian who presumed to show a stranger the house of a Roman; and the other decreed that whoever received a stranger should be indemnified by the inhabitants, every one being obliged to pay his proper proportion.

3. Of the Poverty of the People. There are two sorts of poor; those who are rendered such by the severity of government: these are, indeed, incapable of performing almost any great action, because their indigence is a consequence of their slavery. Others are poor, only because they either despise or know not the conveniences of life; and these are capable of accomplishing great things, because their poverty constitutes a part of their liberty.

4. Of Commerce in different Governments. Trade has some relation to forms of government. In a monarchy, it is generally founded on luxury; and though it be also founded on real wants, yet the principal view with which it is carried on is to procure everything that can contribute to the pride, the pleasure, and the capricious whims of the nation. In republics, it is commonly founded on economy. Their merchants, having an eye to all the nations of the earth, bring from one what is wanted by another. It is thus that the republics of Tyre, Carthage, Athens, Marseilles, Florence, Venice, and Holland engaged in commerce.

This kind of traffic has a natural relation to a republican government: to monarchies it is only occasional. For as it is founded on the practice of gaining little, and even less than other nations, and of remedying this by gaining incessantly, it can hardly be carried on by a people swallowed up in luxury, who spend much, and see nothing but objects of grandeur.

Cicero was of this opinion, when he so justly said, "I do not like that the same people should be at once both the lords and factors of the whole earth."[5] For this would, indeed, be to suppose that every individual in the state, and the whole state collectively, had their heads constantly filled with grand views, and at the same time with small ones; which is a contradiction.

Not but that the most noble enterprises are completed also in those states which subsist by economical commerce: they have even an intrepidity not to be found in monarchies. And the reason is this:

One branch of commerce leads to another, the small to the moderate, the moderate to the great; thus he who has gratified his desire of gaining a little raises himself to a situation in which he is not less desirous of gaining a great deal.

Besides, the grand enterprises of merchants are always necessarily connected with the affairs of the public. But, in monarchies, these public affairs give as much distrust to the merchants as in free states they appear to give safety. Great enterprises, therefore, in commerce are not for monarchical, but for republican, governments.

In short, an opinion of greater certainty, as to the possession of property in these states, makes them undertake everything. They flatter themselves with the hopes of receiving great advantages from the smiles of fortune; and thinking themselves sure of what they have already acquired, they boldly expose it in order to acquire more; risking nothing, but as the means of obtaining.

I do not pretend to say that any monarchy is entirely excluded from an economical commerce; but of its own nature it has less tendency towards it: neither do I mean that the republics with which we are acquainted are absolutely deprived of the commerce of luxury; but it is less connected with their constitution.

With regard to a despotic state, there is no occasion to mention it. A general rule: A nation in slavery labours more to preserve than to acquire; a free nation, more to acquire than to preserve.

5. Of Nations that have entered into an economical Commerce. Marseilles, a necessary retreat in the midst of a tempestuous sea; Marseilles, a harbour which all the winds, the shelves of the sea, the disposition of the coasts, point out for a landing-place, became frequented by mariners; while the sterility of the adjacent country determined the citizens to an economical commerce.[6] It was necessary that they should be laborious to supply what nature had refused; that they should be just, in order to live among barbarous nations, from whom they were to derive their prosperity; that they should be moderate, to the end that they might always taste the sweets of a tranquil government; in fine, that they should be frugal in their manners, to enable them to subsist by trade -- a trade the more certain as it was less advantageous.

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