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the origins of contemporary france-5-第87章

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ever。 Some; even; have a secular history; and their age predicts their

longevity。 In the countless fleet of boats which so constantly sink;

and which are so constantly replaced by others; they last like top

rated liners。 The men from the flotilla now and then sign on these

large vessels; and the result of their labor is not; as it is at home;

futile or short…lived; it will remain above the surface after he and

his boat have disappeared。 It has entered into the common mass of work

which owes its protection to its mass; undoubtedly the portion he

contributes may be worked over again later on; but its substance

remains; and often also its form:



* like a precept of Jesus;

* like Archimedes' theorem



which rests a definite acquisition; intact and permanently fixed for

two thousand years; immortal from the first day。 … Consequently; the

individual may take an interest; no longer merely in his own boat; but

again in some ship; in this or that particular one; in this or that

association or community; according to his preferences and his

aptitudes; according to attractiveness; proximity; and convenience of

access; all of which is a new motivation for his activities; opposing

his egoism; which; powerful as it may be; may still be overcome; since

a soul might be very generous or qualified by long and special

discipline。 Out of this issues every sacrifice; the surrender of

one's…self to one's work or to a cause;



* the devotion of the sister of charity or of the missionary;

* the abnegation of the scientist who buries himself for twenty years

in the minutia of a thankless task;

* the heroism of the explorer who risks himself on a desert or among

savages;

* the courage of the soldier who stakes his life in defense of his

flag。



But these cases are rare; with the mass of men; and in most of their

actions; personal interest prevails against common interest; while

against the egoistic instinct the social instinct is feeble。 Hence the

danger of weakening this。 The temptation of the individual to prefer

his own boat to the large ship is only too great; if it is desirable

for him to go aboard and work there; he must be provided with the

facilities and motives which prompt him to go aboard and do the work;

at the very least; he must not be deprived of them。 Now; that depends

on the State; a sort of central flag…ship; the only one that is armed;

and which has all subordinate vessels under its guns; for; whatever

the society may be; provincial or municipal; educational or

charitable; religious or laic; it is the State which sanctions or

adopts its statues; good or bad; and which; by its laws; tribunals;

and police; insures their execution; whether rigidly or carelessly。

Therefore; on this point; it is responsible; it must adopt or impose

the proper statute; the most suitable social form for strengthening

the social instinct; for maintaining disinterested zeal; for the

encouragement of voluntary and gratuitous labor。



This form; of course; differs according to different societies; the

same charter or constitution is not proper for a church system and a

commune; nor for a Protestant church and a Catholic church; nor for a

town of one hundred thousand inhabitants and a village of five

hundred。 Each association has its own peculiar and distinctive

features; which grade it according to its kind; according to its

spiritual or temporal aims; according to its liberal or authoritative

spirit; according to is small or large dimensions; according to the

simplicity or complexity of its affairs; according to the capacity or

incapacity of its members: features which within it are both efficient

and permanent; whatever the legislator may do; these will remain and

will regulate all activity。 Thus let him; in each case; keep this in

mind。 But in all cases his office is the same; always; on drawing up

and countersigning a statute; he intervenes in the coming conflict

between the social instinct and the egoistic instinct; every provision

which he enacts will contribute; nearby or at a distance; to the final

ascendancy of the former or of the latter。 Now; the legislator the

natural ally of the former; for the former is his indispensable

auxiliary。 In every work or enterprise of public utility; if the

legislator is the external promoter; social instinct is the internal

promoter; and on the inner spring becoming weak or breaking; the

impulsion from outside remains without effect。 Hence it is that; if

the legislator would accomplish anything; otherwise than on paper; he

must; before any object or interest; concern himself with the social

instinct'1'; thus preserving and humoring it; find room for it and its

usefulness; let it have full play; getting all the service it is

capable of rendering; and especially not twist or release it。 … In

this respect; any blunder might prove disastrous; and in every statute

for each society; for each of the human vessels which gather together

and serve as a retinue of individual vessels; there are two capital

errors。 On the one hand; if the statute; in fact and practically; is

or becomes too grossly unjust; if the rights and benefits which it

confers are not compensated by the duties and obligations it imposes;

if it multiplies excessive burdens for some and sinecures for others;

if; at last; the exploited individual discovers that he is overcharged

beyond his due; … thereafter he refuses on his own to add voluntarily

to his load。 Let others; let the favored and the privileged bear the

gratuitous; extra weight。 Far from stepping forward and offering his

shoulders; he gets out of the way; hides himself; and lightens his

load as much as he can; he even rebels when he has a chance; and

violently casts off every legal burden; be it tax or due of any kind。

Thus did the ancient régime perish。 … On the other hand; if the

statute withdraws the management of the ship from those who are

concerned; if; on this vessel; which belongs to them; it permanently

installs a foreign crew; which assumes and exercises all command; then

the owner of the vessel; reduced to the humble condition of a mere

subject and quiescent taxpayer; will no longer feel concerned。 Since

the intruders exercise all authority; let them have all the trouble;

the working of the ship concerns them and not him; he looks on as a

spectator; without any idea of lending a hand; he folds his arms;

remains idle; and becomes critical。 … Against the first defect; the

new régime is on its guard: there must be neither the preferred nor

the disgraced; neither favors nor exemptions; neither exclusions nor

releases; no more misappropriation; embezzlement; or robbery; not

alone in the State; but elsewhere in any direction; … in the

department; in the commune; in the Church; or in educational and

benevolent institutions。 It excels in practicing distributive justice。

The second defect is its hidden flaw: the legislator having introduced

this into all local and special statutes; its effects differ according

to different societies; but all these effects converge; paralyzing in

the nation the best half of the soul; and; worse still; to leading the

will astray and perverting the public mind; transforming generous

impulses into evil outbursts; and organizing lasting inertia; ennui;

discontent; discord; feebleness; and sterility。'2'



II。 Local Community。



Local societies。 … Their principal and distinctive character。 … Their

type on a small scale。 … A dwelling…house in Annecy or Grenoble。 …

Compulsory association of its inmates。 … Its object and limits。 …

Private in character。



Let us first consider local society whether a province; a department;

or a county。 For the past ten years (1789…99); the legislator has

unceasingly deformed and assaulted。 On his side; he refuses to open

his eyes; preoccupied with theories; he will not recognize it for what

it is in reality; a society of a distinct species; different from the

State; with its own peculiar aims; its limits marked out; its members

prescribed; its statutes drawn up; everything formed and defined

beforehand。 As it is local; it is founded on the greater or less

proximity of its habitations。 Thus; to comprehend it; we must take a

case in which this proximity is greatest that of certain houses in

some of our southeastern towns; as; for example; Grenoble and Annecy。

Here; a house often belongs to several distinct owners; each

possessing his story; or apartment on a story; one owning the cellar

and another the attic; each enjoying all the rights of property over

his portion; the right of renting it; selling it; bequeathing it; and

mortgaging it; but all holding it in common for the maintenance of the

roof and the main walls。 … Evidently; their association is not a free

one; willingly or not; each forms a member of it; for; willingly or

not; each benefits or suffers through the good or bad state of the

roof and the principal walls: therefore; a
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