CHAPTER XXXIX.

OF FAMILY SPIRIT.

Such fatal and legalised iniquities as have been referred to have been

approved of by even the wisest men and practised by even the freest

republics, owing to their having regarded society rather as an aggregate

of families than as one of individuals. Suppose there to be 100,000

individuals, or 20,000 families, of five persons each, including its

representative head: if the association is constituted by families, it

will consist of 20,000 men and 80,000 slaves; if it be an association

of individuals, it will consist of 100,000 citizens, and not a single

slave. In the first case there will be a republic, formed of 20,000

little sovereignties; in the second the republican spirit will breathe,

not only in the market-places and meetings of the people, but also within

the domestic walls, wherein lies so great a part of human happiness or

misery. In the first case, also, as laws and customs are the result

of the habitual sentiments of the members of the republic—that is, of

the heads of families—the monarchical spirit will gradually introduce

itself, and its effects will only be checked by the conflicting interests

of individuals, not by a feeling that breathes liberty and equality.

Family spirit is a spirit of detail and confined to facts of trifling

importance. But the spirit which regulates communities is master of

general principles, overlooks the totality of facts, and combines them

into kinds and classes, of importance to the welfare of the greater

number. In the community of families sons remain in the power of the

head of the family so long as he lives, and are obliged to look forward

to his death for an existence dependent on the laws alone. Accustomed

to submission and fear in the freshest and most vigorous time of life,

when their feelings are less modified by that timidity, arising from

experience, which men call moderation, how shall they withstand those

obstacles in the way of virtue which vice ever opposes, in that feeble

and failing period of life when despair of living to see the fruit of

their labours hinders them from making vigorous changes?

When the community is one of individuals, the subordination that prevails

in the family prevails by agreement, not by compulsion; and the sons, as

soon as their age withdraws them from their state of natural dependence,

arising from their feebleness and their need of education and protection,

become free members of the domestic commonwealth, subjecting themselves

to its head, in order to share in its advantages, as free men do by

society at large. In the other condition the sons—that is, the largest

and most useful part of a nation—are placed altogether at the mercy of

their fathers; but in this one there is no enjoined connection between

them, beyond that sacred and inviolable one of the natural ministration

of necessary aid, and that of gratitude for benefits received, which is

less often destroyed by the native wickedness of the human heart than by

a law-ordained and ill-conceived state of subjection.

Such contradictions between the laws of a family and the fundamental

laws of a State are a fertile source of other contradictions between

public and private morality, giving rise consequently to a perpetual

conflict in every individual mind. For whilst private morality inspires

fear and subjection, public morality teaches courage and freedom; whilst

the former inculcates the restriction of well-doing to a small number

of persons indiscriminately, the latter inculcates its extension to all

classes of men; and whilst the one enjoins the constant sacrifice of self

to a vain idol, called ‘the good of the family’ (which is frequently not

the good of any single member that composes it), the other teaches men to

benefit themselves, provided they break not the laws, and incites them,

by the reward of enthusiasm, which is the precursor of their action, to

sacrifice themselves to the good of their country. Such contradictions

make men scorn to follow virtue, which they find so complicated and

confused, and at that distance from them, which objects, both moral

and physical, derive from their obscurity. How often it happens that

a man, in reflecting on his past actions, is astonished at finding

himself dishonest. The larger society grows, the smaller fraction of the

whole does each member of it become, and the more is the feeling of the

commonwealth diminished, unless care be taken by the laws to reinforce

it. Societies, like human bodies, have their circumscribed limits,

extension beyond which involves inevitably a disturbance of their

economy. The size of a State ought apparently to vary inversely with the

sensibility of its component parts; otherwise, if both increase together,

good laws will find, in the very benefit they have effected, an obstacle

to the prevention of crimes. Too large a republic can only save itself

from despotism by a process of subdivision, and a union of the parts into

so many federative republics. But how effect this, save by a despotic

dictator with the courage of Sylla and as much genius for construction

as he had for destruction? If such a man be ambitious, the glory of all

the ages awaits him; and if he be a philosopher, the blessings of his

fellow-citizens will console him for the loss of his authority, even

should he not become indifferent to their ingratitude. In proportion as

the feelings which unite us to our own nation are weakened, do those for

the objects immediately around us gain in strength; and it is for this

reason that under the severest despotism the strongest friendships are to

be found, and that the family virtues, ever of an exalted character, are

either the most common or the only ones. It is evident, therefore, how

limited have been the views of the great majority of legislators.

Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene' · 第 39 / 42 章