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the origins of contemporary france-5-第36章

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humanity in which society consists wholly of a herd。 In this herd

there is no distinct association in view of a distinct purpose; there

is not even a family … no permanent tie between male and female; there

is simply a contact of the sexes。 Gradually; in this herd of

individuals; all equal and all alike; particular groups define

themselves; take shape; and separate: we see appearing more and more

precise relationships; more and more distinct habitations; more and

more hereditary homesteads; fishing; hunting; and war groups; and

small workshops; if the people is a conquering people; castes

establish themselves。 At length; we find in this expanded and solidly…

organized social body provinces; communes; churches; hospitals;

schools; corporate bodies and associations of every species and

dimension; temporary or permanent; voluntary or involuntary; in brief;

a multitude of social engines constructed out of human beings who; on

account of personal interest; habit; and constraint; or through

inclination; conscience; and generosity; co…operate according to a

public or tacit statute in effecting in the material or spiritual

order of things this or that determinate undertaking。 In France; to…

day; there are; besides the State; eighty…six departments; thirty…six

thousand communes; four church bodies; forty thousand parishes; seven

or eight millions of families; millions of agricultural; industrial;

and commercial establishments; hundreds of institutions of science and

art; thousands of educational and charitable institutions; benevolent

and mutual…aid societies; and others for business or for pleasure by

tens and hundreds and thousands; in short; innumerable associations of

every kind; each with a purpose of its own; and; like a tool or a

special organ; carrying out a distinct work。



Now; each of these associations so far as it is a tool or an organ is

subject to the same law; the better it is in one direction; the more

mediocre it is in other directions; its special competency constitutes

its general incompetence。 This is why; among developed nations; no

specialized organization can replace another in a satisfactory manner。

〃An academy of painting which should also be a bank would; in all

probability; exhibit very bad pictures and discount very bad bills。 A

gas company which should also be a kindergarten would; we expect;

light the streets poorly and teach the children badly。〃 '1' And the

reason is that an instrument; whatever it may be; a mechanical tool;

or physiological organ; or human association; is always a system of

pieces whose effects converge to a given end; it matters little

whether the pieces are bits of wood and metal; as in the tool; cells

and fibers; as in the organ; souls and understandings; as in the

association; the essential thing is the convergence of their effects;

for the more convergent these effects; the more efficient is the

instrument in the realization of its end。 But; through this

convergence; it takes one direction exclusively and cannot take any

other; it cannot operate at once in two different senses; it cannot

possibly turn to the right and at the same time turn to the left。 If

any social instrument devised for a special service is made to act

additionally for another; it will perform its own office badly as well

the one it usurps。 Of the two works executed by it; the first injures

the second and the second injures the first one。 The end; ordinarily;

is the sacrifice of one to the other; and; most frequently; the

failure of both。



II。 Abusive Government Intervention。



Application of this law to the public power。 … General effect of its

intervention。



Let us follow out the effects of this law when it is the public power

which; beyond its principal and peculiar task; undertakes a different

task and puts itself in the place of corporate bodies to do their

work; when the State; not content with protecting the community and

individuals against external or internal oppression; takes upon itself

additionally the government of churches; education; or charity; the

direction of art; science; and of commercial; agricultural; municipal;

or domestic affairs。 … Undoubtedly; it can intervene in all corporate

bodies other than itself; it has both the right and the duty to

interfere; it is bound to do this through its very office as defender

of persons and property; to repress in these bodies spoliation and

oppression; to compel in them the observance of the primordial

statute; charter; or contract; to maintain in the them rights of each

member fixed by this statute; to decide according to this statute all

conflicts which may arise between administrators and the

administrated; between directors and stockholders; between pastors and

parishioners; between deceased founders and their living successors。

In doing this; it affords them its tribunals; its constables; and its

gendarmes; and it affords these to them only with full consent after

having looking into and accepted the statute。 This; too; is one of the

obligations of its office: its mandate hinders it from placing the

public power at the service of despoiling and oppressive enterprises;

it is interdicted from authorizing a contract for prostitution or

slavery; and above all; for the best of reasons; a society for

brigandage and insurrections; an armed league; or ready to arm itself;

against the community; or a part of the community; or against itself。

… But; between this legitimate intervention which enables it to

maintain rights; and the abusive interference by which it usurps

rights; the limit is visible and it oversteps this limit when; to its

function of justiciary; it adds a second; that of governing or

supporting another corporation。 In this case two series of abuses

unfold themselves; on the one side; the State acts contrary to its

primary office; and; on the other; it discharges the duties of its

superadded office badly。'2'



III。 The State attacks persons and property。



It acts against its function。 Its encroachments are attacks on persons

and property。



For; in the first place; to govern another corporate body; for example

the Church; the State at one time appoints its ecclesiastical heads;

as under the old monarchy after the abolition of the Pragmatic

Sanction by the Concordat of 1516; at another; as with the Constituent

Assembly in 1791; without appointing its heads; it invents a new mode

of appointment by imposing on the Church a discipline contrary to its

spirit and even to its dogmas。 Sometimes it goes further still and

reduces a special body into a mere administrative branch; transforming

its heads into revocable functionaries whose acts it orders and

directs; such under the Empire as well as under the Restoration; were

the mayor and common…councilors in a commune; and the professors and

head…masters of the University。 One step more and the invasion is

complete: naturally; either through ambition or precaution; or through

theory or prejudice; on undertaking a new service it is tempted to

reserve to itself or delegate its monopoly。 Before 1789 there existed

one of these monopolies to the advantage of the Catholic Church;

through the interdiction of other cults; also another to the advantage

of each corporation of 〃Arts et Métiers;〃 through the interdiction of

free labor; after 1800; there existed one for the benefit of the

University through all sorts of shackles and constraints imposed on

the establishment and maintenance of private schools。 … Now; through

each of these constraints the State encroaches on the domain of the

individual; the more extended its encroachments the more does it prey

upon and reduce the circle of spontaneous initiation and of

independent action; which constitute the true life of the individual;

if; in conformity with the Jacobin program; it pushes its interference

to the end; it absorbs in itself all other lives;'3' henceforth; the

community consists only of automata maneuvered from above; infinitely

small residues of men; passive; mutilated; and; so to say; dead souls;

the State; instituted to preserve persons; has reduced them to

nonentities。



The effect is the same with property when the State supports other

organizations than its own。 For; to maintain these; it has no other

funds than those of the taxpayers; consequently; using its collectors;

it takes the money out of their pockets; all; indiscriminately;

willingly or not; pay supplementary taxes for supplementary services;

whether this service benefits them or is repugnant to them。 If I am a

Protestant in a Catholic State; or a Catholic in a Protestant State; I

pay for religion which seems wrong to me and for a Church which seems

to me mischievous。 If I am a skeptic; a free…thinker; indifferent or

hostile to positive religions in France; I pay to…day for the support

of four cults which I regard as useless or pernicious。 If I am a

provincial or a peasant; I pay f
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