CHAPTER XI

 THE VARIOUS SYSTEMS OF LEGISLATION

 

If we ask in what precisely¹ consists the greatest good of all, which should be the end of every system of legislation, we shall find it reduce itself to two main objects, liberty and equality—liberty, because all particular dependence² means so much force taken from the body of the State, and equality, because liberty cannot exist without it.

I have already defined civil liberty; by equality, we should understand, not that the degrees of power and riches are to be absolutely identical for everybody; but that power shall never be great enough for violence, and shall always be exercised by virtue³ of rank and law; and that, in respect of riches, no citizen shall ever be wealthy enough to buy another, and none poor enough to be forced to sell himself:[1] which implies, on the part of the great, moderation in goods and position, and, on the side of the common sort, moderation in avarice⁴ and covetousness⁵.

Such equality, we are told, is an unpractical ideal that cannot actually exist. But if its abuse is inevitable⁶, does it follow that we should not at least make regulations concerning it? It is precisely because the force of circumstances tends continually to destroy equality that the force of legislation should always tend to its maintenance.

But these general objects of every good legislative⁷ system need modifying in every country in accordance with the local situation and the temper of the inhabitants; and these circumstances should determine, in each case, the particular system of institutions which is best, not perhaps in itself, but for the State for which it is destined⁸. If, for instance, the soil is barren and unproductive, or the land too crowded for its inhabitants, the people should turn to industry and the crafts, and exchange what they produce for the commodities they lack. If, on the other hand, a people dwells in rich plains and fertile slopes, or, in a good land, lacks inhabitants, it should give all its attention to agriculture, which causes men to multiply, and should drive out the crafts, which would only result in depopulation, by grouping in a few localities the few inhabitants there are.[2] If a nation dwells on an extensive and convenient coast-line, let it cover the sea with ships and foster commerce and navigation. It will have a life that will be short and glorious. If, on its coasts, the sea washes nothing but almost inaccessible⁹ rocks, let it remain barbarous and ichthyophagous: it will have a quieter, perhaps a better, and certainly a happier life. In a word, besides the principles that are common to all, every nation has in itself something that gives them a particular application, and makes its legislation peculiarly its own. Thus, among the Jews long ago and more recently among the Arabs, the chief object was religion, among the Athenians letters, at Carthage and Tyre commerce, at Rhodes shipping¹⁰, at Sparta war, at Rome virtue. The author of The Spirit of the Laws has shown with many examples by what art the legislator directs the constitution towards each of these objects.

What makes the constitution of a State really solid and lasting¹¹ is the due observance of what is proper, so that the natural relations are always in agreement with the laws on every point, and law only serves, so to speak, to assure, accompany and rectify¹² them. But if the legislator mistakes his object and adopts a principle other than circumstances naturally direct; if his principle makes for servitude while they make for liberty, or if it makes for riches, while they make for populousness¹³, or if it makes for peace, while they make for conquest—the laws will insensibly lose their influence, the constitution will alter, and the State will have no rest from trouble till it is either destroyed or changed, and nature has resumed her invincible¹⁴ sway.

[1] If the object is to give the State consistency¹⁵, bring the two extremes as near to each other as possible; allow neither rich men nor beggars. These two estates, which are naturally inseparable, are equally fatal to the common good; from the one come the friends of tyranny, and from the other tyrants¹⁶. It is always between them that public liberty is put up to auction¹⁷; the one buys, and the other sells.

[2] "Any branch of foreign commerce," says M. d'Argenson, "creates on the whole only apparent advantage for the kingdom in general; it may enrich some individuals, or even some towns; but the nation as a whole gains nothing by it, and the people is no better off."

1 precisely   

adv.恰好，正好，精确地，细致地

参考例句：

• It's precisely that sort of slick sales-talk that I mistrust.我不相信的正是那种油腔滑调的推销宣传。
• The man adjusted very precisely.那个人调得很准。

2 dependence   

n.依靠，依赖；信任，信赖；隶属

参考例句：

• Doctors keep trying to break her dependence of the drug.医生们尽力使她戒除毒瘾。
• He was freed from financial dependence on his parents.他在经济上摆脱了对父母的依赖。

3 virtue   

n.德行，美德；贞操；优点；功效，效力

参考例句：

• He was considered to be a paragon of virtue.他被认为是品德尽善尽美的典范。
• You need to decorate your mind with virtue.你应该用德行美化心灵。

4 avarice   

n.贪婪；贪心

参考例句：

• Avarice is the bane to happiness.贪婪是损毁幸福的祸根。
• Their avarice knows no bounds and you can never satisfy them.他们贪得无厌，你永远无法满足他们。

5 covetousness   

参考例句：

• As covetousness is the root of all evil, so poverty is the worst of all snares. 正如贪婪是万恶之源一样，贫穷是最坏的陷阱。 来自辞典例句
• Poverty want many thing, but covetousness all. 贫穷可满足；欲望却难填。 来自互联网

6 inevitable   

adj.不可避免的，必然发生的

参考例句：

• Mary was wearing her inevitable large hat.玛丽戴着她总是戴的那顶大帽子。
• The defeat had inevitable consequences for British policy.战败对英国政策不可避免地产生了影响。

7 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

8 destined   

adj.命中注定的；(for)以…为目的地的

参考例句：

• It was destined that they would marry.他们结婚是缘分。
• The shipment is destined for America.这批货物将运往美国。

9 inaccessible   

adj.达不到的，难接近的

参考例句：

• This novel seems to me among the most inaccessible.这本书对我来说是最难懂的小说之一。
• The top of Mount Everest is the most inaccessible place in the world.珠穆朗玛峰是世界上最难到达的地方。

10 shipping   

n.船运（发货，运输，乘船）

参考例句：

• We struck a bargain with an American shipping firm.我们和一家美国船运公司谈成了一笔生意。
• There's a shipping charge of ￡5 added to the price.价格之外另加五英镑运输费。

11 lasting   

adj.永久的，永恒的；vbl.持续，维持

参考例句：

• The lasting war debased the value of the dollar.持久的战争使美元贬值。
• We hope for a lasting settlement of all these troubles.我们希望这些纠纷能获得永久的解决。

12 rectify   

v.订正，矫正，改正

参考例句：

• The matter will rectify itself in a few days.那件事过几天就会变好。
• You can rectify this fault if you insert a slash.插人一条斜线便可以纠正此错误。

13 populousness   

人口稠密

参考例句：

14 invincible   

adj.不可征服的，难以制服的

参考例句：

• This football team was once reputed to be invincible.这支足球队曾被誉为无敌的劲旅。
• The workers are invincible as long as they hold together.只要工人团结一致，他们就是不可战胜的。

15 consistency   

n.一贯性，前后一致，稳定性；(液体的)浓度

参考例句：

• Your behaviour lacks consistency.你的行为缺乏一贯性。
• We appreciate the consistency and stability in China and in Chinese politics.我们赞赏中国及其政策的连续性和稳定性。

16 tyrants   

专制统治者( tyrant的名词复数 )； 暴君似的人； （古希腊的）僭主； 严酷的事物

参考例句：

• The country was ruled by a succession of tyrants. 这个国家接连遭受暴君的统治。
• The people suffered under foreign tyrants. 人民在异族暴君的统治下受苦受难。

17 auction   

n.拍卖；拍卖会；vt.拍卖

参考例句：

• They've put the contents of their house up for auction.他们把房子里的东西全都拿去拍卖了。
• They bought a new minibus with the proceeds from the auction.他们用拍卖得来的钱买了一辆新面包车。