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the spirit of laws-第61章

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loses itself greatly by perspiration;'15' it must therefore be supplied by a like liquid。 Water is there of admirable use; strong liquors would congeal the globules'16' of blood that remain after the transuding of the aqueous humour。

In cold countries the aqueous part of the blood is very little evacuated by perspiration。 They may therefore make use of spirituous liquors; without which the blood would congeal。 They are full of humours; consequently strong liquors; which give a motion to the blood; are proper for those countries。

The law of Mahomet; which prohibits the drinking of wine; is therefore fitted to the climate of Arabia: and indeed; before Mahomet's time; water was the common drink of the Arabs。 The law'17' which forbade the Carthaginians to drink wine was a law of the climate; and; indeed; the climate of those two countries is pretty nearly the same。

Such a law would be improper for cold countries; where the climate seems to force them to a kind of national intemperance; very different from personal ebriety。 Drunkenness predominates throughout the world; in proportion to the coldness and humidity of the climate。 Go from the equator to the north pole; and you will find this vice increasing together with the degree of latitude。 Go from the equator again to the south pole; and you will find the same vice travelling south;'18' exactly in the same proportion。

It is very natural that where wine is contrary to the climate; and consequently to health; the excess of it should be more severely punished than in countries where intoxication produces very few bad effects to the person; fewer to the society; and where it does not make people frantic and wild; but only stupid and heavy。 Hence those laws'19' which inflicted a double punishment for crimes committed in drunkenness were applicable only to a personal; and not to a national; ebriety。 A German drinks through custom; and a Spaniard by choice。

In warm countries the relaxing of the fibres produces a great evacuation of the liquids; but the solid parts are less transpired。 The fibres; which act but faintly; and have very little elasticity; are not much impaired; and a small quantity of nutritious juice is sufficient to repair them; for which reason they eat very little。

It is the variety of wants in different climates that first occasioned a difference in the manner of living; and this gave rise to a variety of laws。 Where people are very communicative there must be particular laws; and others where there is but little communication。

11。 Of the Laws in relation to the Distempers of the Climate。 Herodotus'20' informs us that the Jewish laws concerning the leprosy were borrowed from the practice of the Egyptians。 And; indeed; the same distemper required the same remedies。 The Greeks and the primitive Romans were strangers to these laws; as well as to the disease。 The climate of Egypt and Palestine rendered them necessary; and the facility with which this disease is spread is sufficient to make us sensible of the wisdom and sagacity of those laws。

Even we ourselves have felt the effects of them。 The Crusades brought the leprosy amongst us; but the wise regulations made at that time hindered it from infecting the mass of the people。

We find by the law of the Lombards'21' that this disease was spread in Italy before the Crusades; and merited the attention of the legislature。 Rotharis ordained that a leper should be expelled from his house; banished to a particular place; and rendered incapable of disposing of his property; because from the very moment he had been turned out of his house he was reckoned dead in the eye of the law。 In order to prevent all communication with lepers; they were rendered incapable of civil acts。 

I am apt to think that this disease was brought into Italy by the conquests of the Greek emperors; in whose armies there might be some soldiers from Palestine or Egypt。 Be that as it may; the progress of it was stopped till the time of the Crusades。

It is related that Pompey's soldiers returning from Syria brought a distemper home with them not unlike the leprosy。 We have no account of any regulation made at that time; but it is highly probable that some such step was taken; since the distemper was checked till the time of the Lombards。

It is now two centuries since a disease unknown to our ancestors was first transplanted from the new world to ours; and came to attack human nature even in the very source of life and pleasure。 Most of the principal families in the south of Europe were seen to perish by a distemper that had grown too common to be ignominious; and was considered in no other light than in that of its being fatal。 It was the thirst of gold that propagated this disease; the Europeans went continually to America; and always brought back a new leaven of it。

Reasons drawn from religion seemed to require that this punishment of guilt should be permitted to continue; but the infection had reached the bosom of matrimony; and given the vicious taint even to guiltless infants。 

As it is the business of legislators to watch over the health of the citizens; it would have been a wise part in them to have stopped this communication by laws made on the plan of those of Moses。

The plague is a disease whose infectious progress is much more rapid。 Egypt is its principal seat; whence it spreads over the whole globe。 Most countries in Europe have made exceedingly good regulations to prevent this infection; and in our times an admirable method has been contrived to stop it; this is by forming a line of troops round the infected country; which cuts off all manner of communication。

The Turks;'22' who have no such regulations; see the Christians escape this infection in the same town; and none but themselves perish; they buy the clothes of the infected; wear them; and proceed in their old way; as if nothing had happened。 The doctrine of a rigid fate; which directs their whole conduct; renders the magistrate a quiet spectator; he thinks that everything comes from the hand of God; and that man has nothing more to do than to submit。

12。 Of the Laws against Suicides。 We do not find in history that the Romans ever killed themselves without a cause; but the English are apt to commit suicide most unaccountably; they destroy themselves even in the bosom of happiness。 This action among the Romans was the effect of education; being connected with their principles and customs; among the English it is the consequence of a distemper;'23' being connected with the physical state of the machine; and independent of every other cause。

In all probability it is a defect of the filtration of the nervous juice: the machine; whose motive faculties are often unexerted; is weary of itself; the soul feels no pain; but a certain uneasiness in existing。 Pain is a local sensation; which leads us to the desire of seeing an end of it; the burden of life; which prompts us to the desire of ceasing to exist; is an evil confined to no particular part。

It is evident that the civil laws of some countries may have reasons for branding suicide with infamy: but in England it cannot be punished without punishing the effects of madness。

13。 Effects arising from the Climate of England。 In a nation so distempered by the climate as to have a disrelish of everything; nay; even of life; it is plain that the government most suitable to the inhabitants is that in which they cannot lay their uneasiness to any single person's charge; and in which; being under the direction rather of the laws than of the prince; it is impossible for them to change the government without subverting the laws themselves。

And if this nation has likewise derived from the climate a certain impatience of temper; which renders them incapable of bearing the same train of things for any long continuance; it is obvious that the government above mentioned is the fittest for them。

This impatience of temper is not very considerable of itself; but it may become so when joined with courage。

It is quite a different thing from levity; which makes people undertake or drop a project without cause; it borders more upon obstinacy; because it proceeds from so lively a sense of misery that it is not weakened even by the habit of suffering。

This temper in a free nation is extremely proper for disconcerting the projects of tyranny;'24' which is always slow and feeble in its commencement; as in the end it is active and lively; which at first only stretches out a hand to assist; and exerts afterwards a multitude of arms to oppress。

Slavery is ever preceded by sleep。 But a people who find no rest in any situation; who continually explore every part; and feel nothing but pain; can hardly be lulled to sleep。

Politics is a smooth file; which cuts gradually; and attains its end by a slow progression。 Now the people of whom we have been speaking are incapable of bearing the delays; the details; and the coolness of negotiations: in these they are more unlikely to succeed than any other nation; hence they are apt to lose by treaties what they obtain by their arms。

14。 Other Effects of the Climate。 Our ancestors; the ancient Germans; lived in a climate where the passions were extremely calm。 Their laws dec
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