MONTESQUIEU--

To sustain the spirit of commerce, it is necessary that

all the laws should favor it; that these same laws, by their

regulations in dividing the fortunes in proportion as

commerce enlarges them, should place every poor citizen in

sufficiently easy circumstances to enable him to work like

the others, and every rich citizen in such mediocrity that

he must work, in order to retain or to acquire.

Thus the laws are to dispose of all fortunes.

Although in a democracy, real equality be the soul of the

State, yet it is so difficult to establish that an extreme

exactness in this matter would not always be desirable. It

is sufficient that a census be established to reduce or fix

the differences to a certain point, after which, it is for

particular laws to equalize, as it were, the inequality by

burdens imposed upon the rich and reliefs granted to the

poor.

Here, again, we see the equalization of fortunes by law, that is, by

force.

There were, in Greece, two kinds of republics. One was

military, as Sparta; the other commercial, as Athens. In the

one it was wished (by whom?) that the citizens should be

idle: in the other, the love of labor was encouraged.

It is worth our while to pay a little attention to the

extent of genius required by these legislators, that

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we may see how, by confounding all the virtues, they showed

their wisdom to the world. Lycurgus, blending theft with the

spirit of justice, the hardest slavery with extreme liberty,

the most atrocious sentiments with the greatest moderation,

gave stability to his city. He seemed to deprive it of all

its resources, arts, commerce, money, and walls; there was

ambition without the hope of rising; there were natural

sentiments where the individual was neither child, nor

husband, nor father. Chastity even was deprived of modesty.

By this road Sparta was led on to grandeur and to glory.

The phenomenon that we observe in the institutions of

Greece has been seen in the midst of the degeneracy and

corruption of our modern times. An honest legislator has

formed a people where probity has appeared as natural as

bravery among the Spartans. Mr. Penn is a true Lycurgus, and

although the former had peace for his object, and the latter

war, they resemble each other in the singular path along

which they have led their people, in their influence over

free men, in the prejudices which they have overcome, the

passions they have subdued.

Paraguay furnishes us with another example. Society has

been accused of the crime of regarding the pleasure of

commanding as the only good of life; but it will always be a

noble thing to govern men by making them happy.

Those who desire to form similar institutions will

establish community of property, as in the republic of

Plato, the same reverence as he enjoined for the gods,

separation from strangers for the preservation of morality,

and make the city and not the citizens create commerce: they

should give our arts without our luxury, our wants without

our desires.

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Vulgar infatuation may exclaim, if it likes, "It is Montesquieu!

magnificent! sublime!" I am not afraid to express my opinion, and to

say:

What! You have the gall to call that fine? It is

frightful! It is abominable! And these extracts, which I

might multiply, show that according to Montesquieu, the

persons, the liberties, the property, mankind itself, are

nothing but grist for the mill of the sagacity of lawgivers.

ROUSSEAU--Although this politician, the paramount authority of the

Democrats, makes the social edifice rest upon the general will, no one

has so completely admitted the hypothesis of the entire passiveness of

human nature in the presence of the lawgiver:

If it is true that a great prince is a rare thing, how

much more so must a great lawgiver be? The former has only

to follow the pattern proposed to him by the latter. This

latter is the engineer who invents the machine; the former

is merely the workman who sets it in motion.

And what part have men to act in all this? That of the machine, which

is set in motion; or rather, are they not the brute matter of which the

machine is made? Thus, between the legislator and the prince, between

the prince and his subjects, there are the same relations as those

that exist between the agricultural writer and the agriculturist,

the agriculturist and the clod. At what a vast height, then, is the

politician placed, who rules over legislators themselves and teaches

them their trade in such imperative terms as the following:

Would you give consistency to the State? Bring the

extremes together as much as possible. Suffer neither

wealthy persons nor beggars.

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If the soil is poor and barren, or the country too much

confined for the inhabitants, turn to industry and the arts,

whose productions you will exchange for the provisions which

you require.... On a good soil, if you are short of

inhabitants, give all your attention to agriculture, which

multiplies men, and banish the arts, which only serve to

depopulate the country.... Pay attention to extensive and

convenient coasts. Cover the sea with vessels, and you will

have a brilliant and short existence. If your seas wash only

inaccessible rocks, let the people be barbarous, and eat

fish; they will live more quietly, perhaps better, and most

certainly more happily. In short, besides those maxims which

are common to all, every people has its own particular

circumstances, which demand a legislation peculiar to

itself.

It was thus that the Hebrews formerly, and the Arabs more

recently, had religion for their principal object; that of

the Athenians was literature; that of Carthage and Tyre,

commerce; of Rhodes, naval affairs; of Sparta, war; and of

Rome, virtue.

The author of the "Spirit of Laws" has shown the art by which the

legislator should frame his institutions towards each of these

objects.... But if the legislator, mistaking his object, should take up

a principle different from that which arises from the nature of things;

if one should tend to slavery, and the other to liberty; if one to

wealth, and the other to population; one to peace, and the other to

conquests; the laws will insensibly become enfeebled, the Constitution

will be impaired, and the State will be subject to incessant agitations

until it is destroyed, or becomes changed, and invincible Nature regains

her empire.

But if Nature is sufficiently invincible to regain its empire, why does

not Rousseau admit that it had no need of the legislator to gain its

empire from the beginning?

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Why does he not allow that by obeying their own impulse, men would of

themselves apply agriculture to a fertile district, and commerce to

extensive and commodious coasts without the interference of a Lycurgus,

a Solon, or a Rousseau, who would undertake it at the risk of deceiving

themselves?

Be that as it may, we see with what a terrible responsibility Rousseau

invests inventors, institutors, conductors, and manipulators of

societies. He is, therefore, very exacting with regard to them.

He who dares to undertake the institutions of a people,

ought to feel that he can, as it were, transform every

individual, who is by himself a perfect and solitary whole,

receiving his life and being from a larger whole of which he

forms a part; he must feel that he can change the

constitution of man, to fortify it, and substitute a social

and moral existence for the physical and independent one

that we have all received from nature. In a word, he must

deprive man of his own powers, to give him others that are

foreign to him.

Poor human nature! What would become of its dignity if it were entrusted

to the disciples of Rousseau?

The Law · 第 13 / 22 题