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论法的精神(三)

THE SPIRIT OF THE LAWS

ISBN:978-7-5004-6322-1

出版日期:2007-08

页数:410

字数:1114.0千字

丛书名:《西方学术经典译丛》

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If,among the infinite number of things in this book,there is any that,contrary to my expectations might give offense,at least there is none that has been put here with ill intent. By nature,I have not at all a censorious spirit. Plato thanked heaven that he was born in Socrates'time,and as for me,I am grateful that heaven had me born in the government in which I live and that it wanted me to obey those whom it had me love.I ask a favor that I fear will not be granted;it is that one not judge by a moment's reading the work of twenty years,that one approve or condemn the book as a whole and not some few sentences. If one wants to seek the design of the author,one can find it only in the design of the work.I began by examining men,and I believed that,amidst the infinite diversity of laws and mores,they were not led by their fancies alone.I have set down the principles,and I have seen particular cases conform to them as if by themselves,the histories of all nations being but their consequences,and each particular law connecting with another law or dependent on a more general one.When I turned to antiquity,I sought to capture its spirit in order not to consider as similar those cases with real differences or to overlook differences in those that appear similar.I did not draw my principles from my prejudices but from the nature of things.Many of the truths will make themselves felt here only when one sees the chain connecting them with others. The more one reflects on the details,the more one will feel the certainty of the principles. As for the details,I have not given them all,for who could say everything without being tedious?The sallies that seem to characterize present-day works will not be found here. As soon as matters are seen from a certain distance,such sallies vanish;they usually arise only because the mind attaches itself to a single point and forsakes all others.I do not write to censure that which is established in any country whatsoever. Each nation will find here the reasons for its maxims,and the consequence will naturally be drawn from them that changes can be proposed only by those who are born fortunate enough to fathom by a stroke of genius the whole of a state's constitution.It is not a matter of indifference that the people be enlightened. The prejudices of magistrates began as the prejudices of the nation. In a time of ignorance,one has no doubts even while doing the greatest evils;in an enlightened age,one trembles even while doing the greatest goods. One feels the old abuses and sees their correction,but one also sees the abuses of the correction itself. One lets an ill remain if one fears something worse;one lets a good remain if one is in doubt about a better. One looks at the parts only in order to judge the whole;one examines all the causes in order to see the results.If I could make it so that everyone had new reasons for loving his duties,his prince,his homeland and his laws and that each could better feel his happiness in his own country,government,and position. I would consider myself the happiest of mortals.If I could make it so that those who command increased their knowledge of what they should prescribe and that those who obey found a new pleasure in obeying,I would consider myself the happiest of mortals.I would consider myself the happiest of mortals if I could make it so that men were able to cure themselves of their prejudices. Here I call prejudices not what makes one unaware of certain things but what makes one unaware of oneself.By seeking to instruct men one can practice the general virtue that includes love of all. Man,that flexible being who adapts himself in society to the thoughts and impressions of others,is equally capable of knowing his own nature when it is shown to him,and of losing even the feeling of it when it is concealed from him.Many times I began this work and many times abandoned it;a thousand times I cast to the winds the pages I had written;“A sport to the winds.” [L.]. every day I felt my paternal hands drop;“Twice the paternal hand had fallen.” [L.]. I followed my object without forming a design;I knew neither rules nor exceptions;I found the truth only to lose it. But when I discovered my principles,all that I had sought came to me,and in the course of twenty years,I saw my work begin,grow,move ahead,and end.If this work meets with success,I shall owe much of it to the majesty of my subject;still,I do not believe that I have totally lacked genius. When I have seen what so many great men in France,England,and Germany have written before me,I have beenfilled with wonder,but I have not lost courage. “And I too am a painter,”“And I too am a painter”[I.]. have I said with Correggio.

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引文

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GB/T 7714-2015 格式引文
[法]孟德斯鸠,许家星.论法的精神(三)[M].北京:中国社会科学出版社,2007
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MLA 格式引文
[法]孟德斯鸠,许家星.论法的精神(三).北京,中国社会科学出版社:2007E-book.
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APA 格式引文
[法]孟德斯鸠和许家星(2007).论法的精神(三).北京:中国社会科学出版社
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