As the law is the declaration of the general will, the censorship is the declaration of the public judgment3: public opinion is the form of law which the censor1 administers, and, like the prince, only applies to particular cases.
The censorial4 tribunal, so far from being the arbiter5 of the people's opinion, only declares it, and, as soon as the two part company, its decisions are null and void.
It is useless to distinguish the morality of a nation from the objects of its esteem6; both depend on the same principle and are necessarily indistinguishable. There is no people on earth the choice of whose pleasures is not decided7 by opinion rather than nature. Right men's opinions, and their morality will purge8 itself. Men always love what is good or what they find good; it is in judging what is good that they go wrong. This judgment, therefore, is what must be regulated. He who judges of morality judges of honour; and he who judges of honour finds his law in opinion.
The opinions of a people are derived9 from its constitution; although the law does not regulate morality, it is legislation that gives it birth. When legislation grows weak, morality degenerates10; but in such cases the judgment of the censors2 will not do what the force of the laws has failed to effect.
From this it follows that the censorship may be useful for the preservation11 of morality, but can never be so for its restoration. Set up censors while the laws are vigorous; as soon as they have lost their vigour12, all hope is gone; no legitimate13 power can retain force when the laws have lost it.
The censorship upholds morality by preventing opinion from growing corrupt14, by preserving its rectitude by means of wise applications, and sometimes even by fixing it when it is still uncertain. The employment of seconds in duels15, which had been carried to wild extremes in the kingdom of France, was done away with merely by these words in a royal edict: "As for those who are cowards enough to call upon seconds." This judgment, in anticipating that of the public, suddenly decided it. But when edicts from the same source tried to pronounce duelling itself an act of cowardice16, as indeed it is, then, since common opinion does not regard it as such, the public took no notice of a decision on a point on which its mind was already made up.
I have stated elsewhere[1] that as public opinion is not subject to any constraint17, there need be no trace of it in the tribunal set up to represent it. It is impossible to admire too much the art with which this resource, which we moderns have wholly lost, was employed by the Romans, and still more by the Laced?monians.
A man of bad morals having made a good proposal in the Spartan18 Council, the Ephors neglected it, and caused the same proposal to be made by a virtuous19 citizen. What an honour for the one, and what a disgrace for the other, without praise or blame of either! Certain drunkards from Samos[2] polluted the tribunal of the Ephors: the next day, a public edict gave Samians permission to be filthy20. An actual punishment would not have been so severe as such an impunity21. When Sparta has pronounced on what is or is not right, Greece makes no appeal from her judgments22.
[1] I merely call attention in this chapter to a subject with which I have dealt at greater length in my Letter to M. d'Alembert.
[2] They were from another island, which the delicacy23 of our language forbids me to name on this occasion.
点击收听单词发音
1 censor | |
n./vt.审查,审查员;删改 | |
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2 censors | |
删剪(书籍、电影等中被认为犯忌、违反道德或政治上危险的内容)( censor的第三人称单数 ) | |
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3 judgment | |
n.审判;判断力,识别力,看法,意见 | |
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4 censorial | |
监察官的,审查员的 | |
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5 arbiter | |
n.仲裁人,公断人 | |
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6 esteem | |
n.尊敬,尊重;vt.尊重,敬重;把…看作 | |
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7 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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8 purge | |
n.整肃,清除,泻药,净化;vt.净化,清除,摆脱;vi.清除,通便,腹泻,变得清洁 | |
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9 derived | |
vi.起源;由来;衍生;导出v.得到( derive的过去式和过去分词 );(从…中)得到获得;源于;(从…中)提取 | |
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10 degenerates | |
衰退,堕落,退化( degenerate的第三人称单数 ) | |
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11 preservation | |
n.保护,维护,保存,保留,保持 | |
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12 vigour | |
(=vigor)n.智力,体力,精力 | |
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13 legitimate | |
adj.合法的,合理的,合乎逻辑的;v.使合法 | |
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14 corrupt | |
v.贿赂,收买;adj.腐败的,贪污的 | |
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15 duels | |
n.两男子的决斗( duel的名词复数 );竞争,斗争 | |
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16 cowardice | |
n.胆小,怯懦 | |
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17 constraint | |
n.(on)约束,限制;限制(或约束)性的事物 | |
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18 spartan | |
adj.简朴的,刻苦的;n.斯巴达;斯巴达式的人 | |
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19 virtuous | |
adj.有品德的,善良的,贞洁的,有效力的 | |
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20 filthy | |
adj.卑劣的;恶劣的,肮脏的 | |
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21 impunity | |
n.(惩罚、损失、伤害等的)免除 | |
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22 judgments | |
判断( judgment的名词复数 ); 鉴定; 评价; 审判 | |
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23 delicacy | |
n.精致,细微,微妙,精良;美味,佳肴 | |
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