RAYNAL--

The climate, that is, the air and the soil, is the first

element for the legislator. His resources prescribe to him

his duties. First, he must consult his local position. A

population dwelling upon maritime shores must have laws

fitted for navigation.... If the colony is located in an

inland region, a legislator must provide for the nature of

the soil, and for its degree of fertility....

It is more especially in the distribution of property

that the wisdom of legislation will appear. As a

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general rule, and in every country, when a new colony is

founded, land should be given to each man, sufficient for

the support of his family....

In an uncultivated island, which you are colonizing with

children, it will only be needful to let the germs of truth

expand in the developments of reason!... But when you

establish old people in a new country, the skill consists in

only allowing it those injurious opinions and customs which

it is impossible to cure and correct. If you wish to prevent

them from being perpetuated, you will act upon the rising

generation by a general and public education of the

children. A prince or legislator ought never to found a

colony without previously sending wise men there to instruct

the youth.... In a new colony, every facility is open to the

precautions of the legislator who desires to purify the tone

and the manners of the people. If he has genius and virtue,

the lands and the men that are at his disposal will inspire

his soul with a plan of society that a writer can only

vaguely trace, and in a way that would be subject to the

instability of all hypotheses, which are varied and

complicated by an infinity of circumstances too difficult to

foresee and to combine.

One would think it was a professor of agriculture who was saying to his

pupils

The climate is the only rule for the agriculturist.

His resources dictate to him his duties. The first thing he has to

consider is his local position. If he is on a clayey soil, he must do so

and so. If he has to contend with sand, this is the way in which he must

set about it. Every facility is open to the agriculturist who wishes to

clear and improve his soil.

If he only has the skill, the manure which he has at his disposal will

suggest to him a plan of operation, which a professor can only vaguely

trace, and in a way that would be subject to the uncertainty of all

hypotheses, which vary and are complicated by an

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infinity of circumstances too difficult to foresee and to combine.

But, oh! sublime writers, deign to remember sometimes that this clay,

this sand, this manure, of which you are disposing in so arbitrary

a manner, are men, your equals, intelligent and free beings like

yourselves, who have received from God, as you have, the faculty of

seeing, of foreseeing, of thinking, and of judging for themselves!

MABLY--(He is supposing the laws to be worn out by time and by the

neglect of security, and continues thus):

Under these circumstances, we must be convinced that the

bonds of Government are slack. Give them a new tension (it

is the reader who is addressed), and the evil will be

remedied.... Think less of punishing the faults than of

encouraging the virtues that you want. By this method you

will bestow upon your republic the vigor of youth. Through

ignorance of this, a free people has lost its liberty! But

if the evil has made so much way that the ordinary

magistrates are unable to remedy it effectually, have

recourse to an extraordinary magistracy, whose time should

be short, and its power considerable. The imagination of the

citizens requires to be impressed.

In this style he goes on through twenty volumes.

There was a time when, under the influence of teaching like this, which

is the foundation of classical education, everyone was for placing

himself beyond and above mankind, for the sake of arranging, organizing,

and instituting it in his own way.

The Law · 第 14 / 22 题