第 43 节
作者:开了      更新:2021-02-18 23:01      字数:9322
  indistinguishable; detached monads which the philosophers insist on
  substituting for them。  Their association need not be created; for
  it already exists; for eight centuries they have a 〃common weal 〃
  (la chose publique)。  The safety and prosperity of this common weal
  is at once their interest; their need; their duty; and even their
  most secret wish。  If it is possible to speak here of a contract;
  their quasi…contract is made and settled for them beforehand。  The
  first article; at all events; is stipulated for; and this overrides
  all the others。  The nation must not be dissolved。  Public
  authorities must; accordingly; exist; and these must be respected。
  If there are a number of these; they must be so defined and so
  balanced as to be of mutual assistance; instead of neutralizing each
  other by their opposition。  Whatever government is adopted; it must
  place matters in the hands best qualified to conduct them。  The law
  must not exist for the advantage of the minority; nor for that of
  the majority; but for the entire community。    In regard to this
  first article no one must derogate from it; neither the minority nor
  the majority; neither the Assembly elected by the nation; nor the
  nation itself; even if unanimous。  It has no right arbitrarily to
  dispose of the common weal; to put it in peril according to its
  caprice; to subordinate it to the application of a theory or to the
  interest of a single class; even if this class is the most numerous。
  For; that which is the common weal does not belong to it; but to the
  whole community; past; present; and to come。  Each generation is
  simply the temporary manager and responsible trustee of a precious
  and glorious patrimony which it has received from the former
  generation; and which it has to transmit to the one that comes after
  it。  In this perpetual endowment; to which all Frenchmen from the
  first days of France have brought their offerings; there is no doubt
  about the intentions of countless benefactors; they have made their
  gifts conditionally; that is; on the condition that the endowment
  should remain intact; and that each successive beneficiary should
  merely serve as the administrator of it。  Should any of the
  beneficiaries; through presumption or levity; through rashness or
  one…sidedness; compromise the charge entrusted to them; they wrong
  all their predecessors whose sacrifices they invalidate; and all
  their successors whose hopes they frustrate。  Accordingly; before
  undertaking to frame a constitution; let the whole community be
  considered in its entirety; not merely in the present but in the
  future; as far as the eye can reach。  The interest of the public;
  viewed in this far…sighted manner; is the end to which all the rest
  must be subordinate; and for which a constitution provides。  A
  constitution; whether oligarchic; monarchist; or aristocratic; is
  simply an instrument; good if it attains this end; and bad if it
  does not attain it; and which; to attain it; must; like every
  species of mechanism; vary according to the ground; materials; and
  circumstances。  The most ingenious is illegitimate if it dissolves
  the State; while the clumsiest is legitimate if it keeps the State
  intact。  There is none that springs out of an anterior; universal;
  and absolute right。  According to the people; the epoch; and the
  degree of civilization; according to the outer or inner condition of
  things; all civil or political equality or inequality may; in turn;
  be or cease to be beneficial or hurtful; and therefore justify the
  legislator in removing or preserving it。  It is according to this
  superior and salutary law; and not according to an imaginary and
  impossible contract; that he is to organize; limit; delegate and
  distribute from the center to the extremities; through inheritance
  or through election; through equalization or through privilege; the
  rights of the citizen and the power of the community。
  III。
  The estates of a society。  … Political aptitude of the aristocracy。
  … Its disposition in 1789。  … Special services which it might have
  rendered。  … The principle of the Assembly as to original equality。
  … Rejection of an Upper Chamber。  … The feudal rights of the
  aristocracy。  … How far and why they were worthy of respect。  … How
  they should have been transformed。  … Principle of the Assembly as
  to original liberty。  … Distinction established by it in feudal
  dues; application of its principle。  … The lacunae of its law。  …
  Difficulties of redemption。  … Actual abolition of all feudal liens。
  … Abolition of titles and territorial names。  … Growing prejudice
  against the aristocracy。  … Its persecutions。  … The emigration。  …
  Was it necessary to begin by making a clean sweep; and was it
  advisable to abolish or only to reform the various orders and
  corporations?  Two prominent orders; the clergy and the nobles;
  enlarged by the ennobled plebeians who had grown wealthy and
  acquired titled estates; formed a privileged aristocracy side by
  side with the Government; whose favors it might receive on the
  condition of seeking them assiduously and with due acknowledgment;
  privileged on its own domains; and taking advantage there of all
  rights belonging to the feudal chieftain without performing his
  duties。  This abuse was evidently an enormous one and had to be
  ended。  But; it did not follow that; because the position of the
  privileged class on their domains and in connection with the
  Government was open to abuse; they should be deprived of protection
  for person and property on their domains; and of influence and
  occupation under the Government。   A favored aristocracy; when it
  is unoccupied and renders none of the services which its rank admits
  of; when it monopolizes all honors; offices; promotions;
  preferences; and pensions;'12' to the detriment of others not less
  needy and deserving; is undoubtedly a serious evil。  But when an
  aristocracy is subject to the common law; when it is occupied;
  especially when its occupation is in conformity with its aptitudes;
  and more particularly when it is available for the formation of an
  upper elective chamber or an hereditary peerage; it is a vast
  service。   In any case it cannot be irreversibly suppressed; for;
  although it may be abolished by law; it is reconstituted by facts。
  The legislator must necessarily choose between two systems; that
  which lets it lie fallow; or that which enables it to be productive;
  that which drives it away from; or that which rallies it round; the
  public service。  In every society which has lived for any length of
  time; a nucleus of families always exists whose fortunes and
  importance are of ancient date。  Even when; as in France in 1789;
  this class seems to be exclusive; each half century introduces into
  it new families; judges; governors; rich businessmen or bankers who
  have risen to the tope of the social ladder through the wealth they
  have acquired or through the important offices they have filled; and
  here; in the medium thus constituted; the statesman and wise
  counselor of the people; the independent and able politician is most
  naturally developed。  … Because; on the one hand; thanks to his
  fortune and his rank; a man of this class is above all vulgar
  ambitions and temptations。  He is able to serve gratis; he is not
  obliged to concern himself about money or about providing for his
  family and making his way in the world。  A political mission is no
  interruption to his career; he is not obliged; like the engineer;
  merchant; or physician; to sacrifice either his business; his
  advancement; or his clients。  He can resign his post without injury
  to himself or to those dependent on him; follow his own convictions;
  resist the noisy deleterious opinions of the day; and be the loyal
  servant; not the low flatterer of the public。  Whilst; consequently;
  in the inferior or average conditions of life; the incentive is
  self…interest; with him the grand motive is pride。  Now; amongst the
  deeper feelings of man there is none which is more adapted for
  transformation into probity; patriotism; and conscientiousness; for
  the first requisite of the high…spirited man is self…respect; and;
  to obtain that; he is induced to deserve it。  Compare; from this
  point of view; the gentry and nobility of England with the
  〃politicians〃 of the United States。  … On the other hand; with equal
  talents; a man who belongs to this sphere of life enjoys
  opportunities for acquiring a better comprehension of public affairs
  than a poor man of the lower classes。  The information he requires
  is not the erudition obtained in libraries and in private study。  He
  must be familiar with living men; and; besides these; with
  agglomerations of men; and even more with human organizations; with
  States; with Governments; with parties; with administrative systems;
  at home and abroad; in full operation and on the spot。  There is but
  one way to reach this end; and that is to see for himself; with his
  own