DEI DELITTI E DELLE PENE. TO THE READER.

 Some remnants of the laws of an ancient conquering people, which a prince who reigned¹ in Constantinople some 1,200 years ago caused to be compiled, mixed up afterwards with Lombard rites² and packed in the miscellaneous volumes of private and obscure commentators—these are what form that set of traditional opinions which from a great part of Europe receive nevertheless the name of laws; and to this day it is a fact, as disastrous³ as it is common, that some opinion of Carpzovius, some old custom pointed⁴ out by Clarus, or some form of torture suggested in terms of complacent⁵ ferocity by Farinaccius, constitute the laws, so carelessly followed by those, who in all trembling ought to exercise their government over the lives and fortunes of men. These laws, the dregs of the most barbarous ages, are examined in this book in so far as regards criminal jurisprudence, and I have dared to expose their faults to the directors of the public happiness in a style which may keep at[112] a distance the unenlightened and intolerant multitude. The spirit of frank inquiry⁶ after truth, of freedom from commonplace opinions, in which this book is written, is a result of the mild and enlightened Government under which the Author lives. The great monarchs⁷, the benefactors⁸ of humanity, who are now our rulers, love the truths expounded⁹, with force but without fanaticism¹⁰, by the obscure philosopher, who is only roused to indignation by the excesses of tyranny, but is restrained by reason; and existing abuses, for whosoever well studies all the circumstances, are the satire¹¹ and reproach of past ages, and by no means of the present age or of its lawgivers.

 

Whoever, therefore, shall wish to honour me with his criticisms, I would have begin with a thorough comprehension of the purpose of my work—a purpose which, so far from diminishing legitimate¹² authority, will serve to increase it, if opinion can effect more over men’s minds than force, and if the mildness and humanity of the government shall justify¹³ it in the eyes of all men. The ill-conceived criticisms that have been published against this book are founded on confused notions, and compel me to interrupt for a moment the arguments I was addressing to my enlightened readers, in order to close once for all every door against the misapprehensions of timid bigotry¹⁴ or against the calumnies¹⁵ of malice¹⁶ and envy.

 

[113]

 

There are three sources of the moral and political principles which govern mankind, namely, revelation, natural law, and social conventions. With regard to their principal object there is no comparison between the first and the other two, but they all resemble one another in this, that they all three conduce to the happiness of this present mortal life. To consider the different relations of social conventions is not to exclude those of revelation and natural law; rather it is the thousandfold changes which revelation and natural law, divine and immutable¹⁷ though they be, have undergone in the depraved mind of man, by his own fault, owing to false religions and arbitrary notions of virtue¹⁸ and vice¹⁹, that make it appear necessary to examine, apart from all other considerations, the result of purely²⁰ human conventions, expressed or implied, for the public need and welfare: this being an idea in which every sect²¹ and every moral system must necessarily agree; and it will always be a laudable endeavour, which seeks to constrain²² the headstrong and unbelieving to conform to the principles that induce men to live together in society. There are, then, three distinct kinds of virtue and vice—the religious, the natural, and the political. These three kinds ought never to conflict, although all the consequences and duties that flow from any one of them do not necessarily flow from the others. The natural law does not require all that revelation requires,[114] nor does the purely social law require all that natural law requires; but it is most important to distinguish the consequences of the conventional law—that is, of the express or tacit agreements among men—from the consequences of the natural law or of revelation, because therein lies the limit of that power, which can rightly be exercised between man and man without a special mandate²³ from the Supreme²⁴ Being. Consequently the idea of political virtue may, without any slur²⁵ upon it, be said to be variable; that of natural virtue would be always clear and manifest, were it not obscured by the stupidity or the passions of men; whilst the idea of religious virtue remains²⁶ ever one and the same, because revealed directly from God and by Him preserved.

 

It would, therefore, be a mistake to ascribe to one, who only discusses social conventions and their consequences, principles contrary either to natural law or to revelation, for the reason that he does not discuss them. It would be a mistake, when he speaks of a state of war as anterior²⁷ to a state of society, to understand it in the sense of Hobbes, as meaning that no obligation nor duty is prior to the existence of society, instead of understanding it as a fact due to the corruption²⁸ of human nature and the want of any expressed sanction. It would be a mistake to impute²⁹ it as a fault to a writer who is considering the results of the social compact[115] that he does not admit them as pre-existent to the formation of the compact itself.

 

Divine justice and natural justice are in their essence immutable and constant, because the relation between similar things is always the same; but human or political justice, being nothing more than a relation between a given action and a given state of society, may vary according as such action becomes necessary or useful to society; nor is such justice easily discernible, save by one who analyses the complex and very changeable relations of civil combinations. When once these principles, essentially³⁰ distinct, become confused, there is no more hope of sound reasoning about public matters. It appertains to the theologian to fix the boundaries between the just and the unjust, in so far as regards the intrinsic goodness or wickedness of an act; to fix the relations between the politically just and unjust appertains to the publicist; nor can the one object cause any detriment³¹ to the other, when it is obvious how the virtue that is purely political ought to give place to that immutable virtue which emanates³² from God.

 

Whoever, then, I repeat, will honour me with his criticisms, let him not begin by supposing me to advocate principles destructive of virtue or religion, seeing that I have shown that such are not my principles; and instead of his proving me to be an infidel or a[116] rebel, let him contrive³³ to find me a bad reasoner or a shortsighted politician; but let him not tremble at every proposition on behalf of the interests of humanity; let him convince me either of the inutility or of the possible political mischief³⁴ of my principles; let him prove to me the advantage of received practices. I have given a public testimony³⁵ of my religion and of my submission³⁶ to my sovereign in my reply to the Notes and Observations; to reply to other writings of a similar nature would be superfluous³⁷; but whoever will write with that grace which becomes honest men, and with that knowledge which shall relieve me from the proof of first principles, of what character soever, he shall find in me not so much a man who is eager to reply as a peaceable lover of the truth.

1 reigned   

vi.当政，统治（reign的过去式形式）

参考例句：

• Silence reigned in the hall. 全场肃静。 来自《现代汉英综合大词典》
• Night was deep and dead silence reigned everywhere. 夜深人静，一片死寂。 来自《现代汉英综合大词典》

2 rites   

仪式，典礼( rite的名词复数 )

参考例句：

• to administer the last rites to sb 给某人举行临终圣事
• He is interested in mystic rites and ceremonies. 他对神秘的仪式感兴趣。

3 disastrous   

adj.灾难性的，造成灾害的；极坏的，很糟的

参考例句：

• The heavy rainstorm caused a disastrous flood.暴雨成灾。
• Her investment had disastrous consequences.She lost everything she owned.她的投资结果很惨，血本无归。

4 pointed   

adj.尖的，直截了当的

参考例句：

• He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
• She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。

5 complacent   

adj.自满的；自鸣得意的

参考例句：

• We must not become complacent the moment we have some success.我们决不能一见成绩就自满起来。
• She was complacent about her achievements.她对自己的成绩沾沾自喜。

6 inquiry   

n.打听，询问，调查，查问

参考例句：

• Many parents have been pressing for an inquiry into the problem.许多家长迫切要求调查这个问题。
• The field of inquiry has narrowed down to five persons.调查的范围已经缩小到只剩5个人了。

7 monarchs   

君主，帝王( monarch的名词复数 )

参考例句：

• Monarchs ruled England for centuries. 世袭君主统治英格兰有许多世纪。
• Serving six monarchs of his native Great Britain, he has served all men's freedom and dignity. 他在大不列颠本国为六位君王服务，也为全人类的自由和尊严服务。 来自演讲部分

8 benefactors   

n.捐助者，施主( benefactor的名词复数 )；恩人

参考例句：

• I rate him among my benefactors. 我认为他是我的一个恩人。 来自《简明英汉词典》
• We showed high respect to benefactors. 我们对捐助者表达了崇高的敬意。 来自辞典例句

9 expounded   

论述，详细讲解( expound的过去式和过去分词 )

参考例句：

• He expounded his views on the subject to me at great length. 他详细地向我阐述了他在这个问题上的观点。
• He warmed up as he expounded his views. 他在阐明自己的意见时激动起来了。

10 fanaticism   

n.狂热，盲信

参考例句：

• Your fanaticism followed the girl is wrong. 你对那个女孩的狂热是错误的。
• All of Goebbels's speeches sounded the note of stereotyped fanaticism. 戈培尔的演讲，千篇一律，无非狂热二字。

11 satire   

n.讽刺，讽刺文学，讽刺作品

参考例句：

• The movie is a clever satire on the advertising industry.那部影片是关于广告业的一部巧妙的讽刺作品。
• Satire is often a form of protest against injustice.讽刺往往是一种对不公正的抗议形式。

12 legitimate   

adj.合法的，合理的，合乎逻辑的；v.使合法

参考例句：

• Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。
• That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。

13 justify   

vt.证明…正当(或有理)，为…辩护

参考例句：

• He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
• Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗？

14 bigotry   

n.偏见，偏执，持偏见的行为[态度]等

参考例句：

• She tried to dissociate herself from the bigotry in her past.她力图使自己摆脱她以前的偏见。
• At least we can proceed in this matter without bigotry.目前这件事咱们至少可以毫无偏见地进行下去。

15 calumnies   

n.诬蔑，诽谤，中伤（的话）( calumny的名词复数 )

参考例句：

• He doesn't care about scandals, slanders, calumnies, aspersions, or defamation. 他不在乎流言蜚语，诽谤，中伤，造谣，诬蔑。 来自互联网
• Spreading rumors and calumnies and plotting riots. 造谣诽谤，策动骚乱。 来自互联网

16 malice   

n.恶意，怨恨，蓄意；[律]预谋

参考例句：

• I detected a suggestion of malice in his remarks.我觉察出他说的话略带恶意。
• There was a strong current of malice in many of his portraits.他的许多肖像画中都透着一股强烈的怨恨。

17 immutable   

adj.不可改变的，永恒的

参考例句：

• Nothing in the world is immutable.世界没有一成不变的东西。
• They free our minds from considering our world as fixed and immutable.它们改变着人们将世界看作是永恒不变的观点。

18 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。

19 vice   

n.坏事；恶习；[pl.]台钳，老虎钳；adj.副的

参考例句：

• He guarded himself against vice.他避免染上坏习惯。
• They are sunk in the depth of vice.他们堕入了罪恶的深渊。

20 purely   

adv.纯粹地，完全地

参考例句：

• I helped him purely and simply out of friendship.我帮他纯粹是出于友情。
• This disproves the theory that children are purely imitative.这证明认为儿童只会单纯地模仿的理论是站不住脚的。

21 sect   

n.派别，宗教，学派，派系

参考例句：

• When he was sixteen he joined a religious sect.他16岁的时候加入了一个宗教教派。
• Each religious sect in the town had its own church.该城每一个宗教教派都有自己的教堂。

22 constrain   

vt.限制，约束；克制，抑制

参考例句：

• She tried to constrain herself from a cough in class.上课时她竭力忍住不咳嗽。
• The study will examine the factors which constrain local economic growth.这项研究将考查抑制当地经济发展的因素。

23 mandate   

n.托管地；命令，指示

参考例句：

• The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。
• The General Election gave him no such mandate.大选并未授予他这种权力。

24 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

25 slur   

v.含糊地说；诋毁；连唱；n.诋毁；含糊的发音

参考例句：

• He took the remarks as a slur on his reputation.他把这些话当作是对他的名誉的中伤。
• The drug made her speak with a slur.药物使她口齿不清。

26 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

27 anterior   

adj.较早的；在前的

参考例句：

• We've already finished the work anterior to the schedule.我们已经提前完成了工作。
• The anterior part of a fish contains the head and gills.鱼的前部包括头和鳃。

28 corruption   

n.腐败，堕落，贪污

参考例句：

• The people asked the government to hit out against corruption and theft.人民要求政府严惩贪污盗窃。
• The old man reviled against corruption.那老人痛斥了贪污舞弊。

29 impute   

v.归咎于

参考例句：

• I impute his failure to laziness.我把他的失败归咎于他的懒惰。
• It is grossly unfair to impute blame to the United Nations.把责任归咎于联合国极其不公。

30 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。

31 detriment   

n.损害；损害物，造成损害的根源

参考例句：

• Smoking is a detriment to one's health.吸烟危害健康。
• His lack of education is a serious detriment to his career.他的未受教育对他的事业是一种严重的妨碍。

32 emanates   

v.从…处传出，传出( emanate的第三人称单数 )；产生，表现，显示

参考例句：

• He emanates power and confidence. 他表现出力量和信心。
• He emanates sympathy. 他流露出同情。 来自辞典例句

33 contrive   

vt.谋划，策划；设法做到；设计，想出

参考例句：

• Can you contrive to be here a little earlier?你能不能早一点来？
• How could you contrive to make such a mess of things?你怎么把事情弄得一团糟呢？

34 mischief   

n.损害，伤害，危害；恶作剧，捣蛋，胡闹

参考例句：

• Nobody took notice of the mischief of the matter. 没有人注意到这件事情所带来的危害。
• He seems to intend mischief.看来他想捣蛋。

35 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

36 submission   

n.服从，投降；温顺，谦虚；提出

参考例句：

• The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。
• No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。

37 superfluous   

adj.过多的，过剩的，多余的

参考例句：

• She fined away superfluous matter in the design. 她删去了这图案中多余的东西。
• That request seemed superfluous when I wrote it.我这样写的时候觉得这个请求似乎是多此一举。