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the spirit of laws-第7章

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 a degree of extent; the sallies of imagination must vanish; these generally arise from the mind's collecting all its powers to view only one side of the subject; while it leaves the other unobserved。

I write not to censure anything established in any country whatsoever。 Every nation will here find the reasons on which its maxims are founded; and this will be the natural inference; that to propose alterations belongs only to those who are so happy as to be born with a genius capable of penetrating the entire constitution of a state。

It is not a matter of indifference that the minds of the people be enlightened。 The prejudices of magistrates have arisen from national prejudice。 In a time of ignorance they have committed even the greatest evils without the least scruple; but in an enlightened age they even tremble while conferring the greatest blessings。 They perceive the ancient abuses; they see how they must be reformed; but they are sensible also of the abuses of a reformation。 They let the evil continue; if they fear a worse; they are content with a lesser good; if they doubt a greater。 They examine into the parts; to judge of them in connection; and they examine all the causes; to discover their different effects。

Could I but succeed so as to afford new reasons to every man to love his prince; his country; his laws; new reasons to render him more sensible in every nation and government of the blessings he enjoys; I should think myself the most happy of mortals。

Could I but succeed so as to persuade those who command; to increase their knowledge in what they ought to prescribe; and those who obey; to find a new pleasure resulting from obedience  I should think myself the most happy of mortals。

The most happy of mortals should I think myself could I contribute to make mankind recover from their prejudices。 By prejudices I here mean; not that which renders men ignorant of some particular things; but whatever renders them ignorant of themselves。

It is in endeavouring to instruct mankind that we are best able to practise that general virtue which comprehends the love of all。 Man; that flexible being; conforming in society to the thoughts and impressions of others; is equally capable of knowing his own nature; whenever it is laid open to his view; and of losing the very sense of it; when this idea is banished from his mind。

Often have I begun; and as often have I laid aside; this undertaking。 I have a thousand times given the leaves I had written to the winds: I; every day; felt my paternal hands fall。 I have followed my object without any fixed plan: I have known neither rules nor exceptions; I have found the truth; only to lose it again。 But when I once discovered my first principles; everything I sought for appeared; and in the course of twenty years; I have seen my work begun; growing up; advancing to maturity; and finished。

If this work meets with success; I shall owe it chiefly to the grandeur and majesty of the subject。 However; I do not think that I have been totally deficient in point of genius。 When I have seen what so many great men both in France; England; and Germany have said before me; I have been lost in admiration; but I have not lost my courage: I have said with Correggio; 〃And I also am a painter。〃

ADVERTISEMENT

1。 For the better understanding of the first four books of this work; it is to be observed that what I distinguish by the name of virtue; in a republic; is the love of one's country; that is; the love of equality。 It is not a moral; nor a Christian; but a political virtue; and it is the spring which sets the republican government in motion; as honour is the spring which gives motion to monarchy。 Hence it is that I have distinguished the love of one's country; and of equality; by the appellation of political virtue。 My ideas are new; and therefore I have been obliged to find new words; or to give new acceptations to old terms; in order to convey my meaning。 They; who are unacquainted with this particular; have made me say most strange absurdities; such as would be shocking in any part of the world; because in all countries and governments morality is requisite。

2。 The reader is also to notice that there is a vast difference between saying that a certain quality; modification of the mind; or virtue; is not the spring by which government is actuated; and affirming that it is not to be found in that government。 Were I to say such a wheel or such a pinion is not the spring which sets the watch going; can you infer thence that they are not to be found in the watch? So far is it from being true that the moral and Christian virtues are excluded from monarchy; that even political virtue is not excluded。 In a word; honour is found in a republic; though its spring be political virtue; and political virtue is found in a monarchical government; though it be actuated by honour。

To conclude; the honest man of whom we treat in the third book; chapter 5; is not the Christian; but the political honest man; who is possessed of the political virtue there mentioned。 He is the man who loves the laws of his country; and who is actuated by the love of those laws。 I have set these matters in a clearer light in the present edition; by giving a more precise meaning to my expression: and in most places where I have made use of the word virtue I have taken care to add the term political。





Book I。 Of Laws in General

1。 Of the Relation of Laws to different Beings。 Laws; in their most general signification; are the necessary relations arising from the nature of things。 In this sense all beings have their laws: the Deity'1' His laws; the material world its laws; the intelligences superior to man their laws; the beasts their laws; man his laws。

They who assert that a blind fatality produced the various effects we behold in this world talk very absurdly; for can anything be more unreasonable than to pretend that a blind fatality could be productive of intelligent beings?

There is; then; a prime reason; and laws are the relations subsisting between it and different beings; and the relations of these to one another。

God is related to the universe; as Creator and Preserver; the laws by which He created all things are those by which He preserves them。 He acts according to these rules; because He knows them; He knows them; because He made them; and He made them; because they are in relation to His wisdom and power。

Since we observe that the world; though formed by the motion of matter; and void of understanding; subsists through so long a succession of ages; its motions must certainly be directed by invariable laws; and could we imagine another world; it must also have constant rules; or it would inevitably perish。

Thus the creation; which seems an arbitrary act; supposes laws as invariable as those of the fatality of the Atheists。 It would be absurd to say that the Creator might govern the world without those rules; since without them it could not subsist。

These rules are a fixed and invariable relation。 In bodies moved; the motion is received; increased; diminished; or lost; according to the relations of the quantity of matter and velocity; each diversity is uniformity; each change is constancy。 

Particular intelligent beings may have laws of their own making; but they have some likewise which they never made。 Before there were intelligent beings; they were possible; they had therefore possible relations; and consequently possible laws。 Before laws were made; there were relations of possible justice。 To say that there is nothing just or unjust but what is commanded or forbidden by positive laws; is the same as saying that before the describing of a circle all the radii were not equal。

We must therefore acknowledge relations of justice antecedent to the positive law by which they are established: as; for instance; if human societies existed; it would be right to conform to their laws; if there were intelligent beings that had received a benefit of another being; they ought to show their gratitude; if one intelligent being had created another intelligent being; the latter ought to continue in its original state of dependence; if one intelligent being injures another; it deserves a retaliation; and so on。

But the intelligent world is far from being so well governed as the physical。 For though the former has also its laws; which of their own nature are invariable; it does not conform to them so exactly as the physical world。 This is because; on the one hand; particular intelligent beings are of a finite nature; and consequently liable to error; and on the other; their nature requires them to be free agents。 Hence they do not steadily conform to their primitive laws; and even those of their own instituting they frequently infringe。 

Whether brutes be governed by the general laws of motion; or by a particular movement; we cannot determine。 Be that as it may; they have not a more intimate relation to God than the rest of the material world; and sensation is of no other use to them than in the relation they have either to other particular beings or to themselves。 

By the allurement of pleasure they preserve the individual; and by the same allurement they preserve their species。 T
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