CHAPTER I. INTRODUCTION.

 Men for the most part leave the regulation of their chief concerns to the prudence¹ of the moment, or to the discretion² of those whose interest it is to oppose the wisest laws; such laws, namely, as naturally help to diffuse³ the benefits of life, and check that tendency they have to accumulate in the hands of a few, which ranges on one side the extreme of power and happiness, and on the other all that is weak and wretched. It is only, therefore, after having passed through a thousand errors in matters that most nearly touch their lives and liberties, only after weariness of evils that have been suffered to reach a climax⁴, that men are induced to seek a remedy for the abuses which oppress them, and to recognise the clearest truths, which, precisely⁵ on account of their simplicity⁶, escape the notice of ordinary minds, unaccustomed as they are to analyse things, and apt to receive their impressions anyhow, from tradition rather than from inquiry⁷.

 

We shall see, if we open histories, that laws, which[118] are or ought to be covenants⁸ between free men, have generally been nothing but the instrument of the passions of some few men, or the result of some accidental and temporary necessity. They have never been dictated⁹ by an unimpassioned student of human nature, able to concentrate the actions of a multitude of men to a single point of view, and to consider them from that point alone—the greatest happiness divided among the greatest number. Happy are those few nations which have not waited for the slow movement of human combinations and changes to cause an approach to better things, after intolerable evils, but have hastened the intermediate steps by good laws; and deserving is that philosopher of the gratitude¹⁰ of mankind, who had the courage, from the obscurity of his despised study, to scatter¹¹ abroad among the people the first seeds, so long fruitless, of useful truths.

 

The knowledge of the true relations between a sovereign and his subjects, and of those between different nations; the revival¹² of commerce by the light of philosophical¹³ truths, diffused¹⁴ by printing; and the silent international war of industry, the most humane¹⁵ and the most worthy¹⁶ of rational men—these are the fruits which we owe to the enlightenment of this century. But how few have examined and combated the cruelty of punishments, and the irregularities of criminal procedures, a part of legislation so[119] elementary and yet so neglected in almost the whole of Europe; and how few have sought, by a return to first principles, to dissipate the mistakes accumulated by many centuries, or to mitigate¹⁷, with at least that force which belongs only to ascertained¹⁸ truths, the excessive caprice of ill-directed power, which has presented up to this time but one long example of lawful¹⁹ and cold-blooded atrocity²⁰! And yet the groans²¹ of the weak, sacrificed to the cruelty of the ignorant or to the indolence of the rich; the barbarous tortures, multiplied with a severity as useless as it is prodigal²², for crimes either not proved or quite chimerical²³; the disgusting horrors of a prison, enhanced by that which is the cruellest executioner of the miserable—namely, uncertainty;—these ought to startle those rulers whose function it is to guide the opinion of men’s minds.

 

The immortal²⁴ President, Montesquieu, has treated cursorily²⁵ of this matter; and truth, which is indivisible, has forced me to follow the luminous²⁶ footsteps of this great man; but thinking men, for whom I write, will be able to distinguish my steps from his. Happy shall I esteem²⁷ myself if, like him, I shall succeed in obtaining the secret gratitude of the unknown and peaceable followers²⁸ of reason, and if I shall inspire them with that pleasing thrill of emotion with which sensitive minds respond to the advocate of the interests of humanity.

 

To examine and distinguish all the different sorts[120] of crimes and the manner of punishing them would now be our natural task, were it not that their nature, which varies with the different circumstances of times and places, would compel us to enter upon too vast and wearisome a mass of detail. But it will suffice to indicate the most general principles and the most pernicious and common errors, in order to undeceive no less those who, from a mistaken love of liberty, would introduce anarchy²⁹, than those who would be glad to reduce their fellow-men to the uniform regularity³⁰ of a convent.

 

What will be the penalty suitable for such and such crimes?

 

Is death a penalty really useful and necessary for the security and good order of society?

 

Are torture and torments³¹ just, and do they attain³² the end which the law aims at?

 

What is the best way of preventing crimes?

 

Are the same penalties equally useful in all times?

 

What influence have they on customs?

 

These problems deserve to be solved with such geometrical precision as shall suffice to prevail over the clouds of sophistication, over seductive eloquence³³, or timid doubt. Had I no other merit than that of having been the first to make clearer to Italy that which other nations have dared to write and are beginning to practise, I should deem myself fortunate;[121] but if, in maintaining the rights of men and of invincible³⁴ truth, I should contribute to rescue from the spasms³⁵ and agonies of death any unfortunate victim of tyranny or ignorance, both so equally fatal, the blessings³⁶ and tears of a single innocent man in the transports of his joy would console me for the contempt of mankind.

1 prudence   

n.谨慎，精明，节俭

参考例句：

• A lack of prudence may lead to financial problems.不够谨慎可能会导致财政上出现问题。
• The happy impute all their success to prudence or merit.幸运者都把他们的成功归因于谨慎或功德。

2 discretion   

n.谨慎；随意处理

参考例句：

• You must show discretion in choosing your friend.你择友时必须慎重。
• Please use your best discretion to handle the matter.请慎重处理此事。

3 diffuse   

v.扩散；传播；adj.冗长的；四散的，弥漫的

参考例句：

• Direct light is better for reading than diffuse light.直射光比漫射光更有利于阅读。
• His talk was so diffuse that I missed his point.他的谈话漫无边际，我抓不住他的要点。

4 climax   

n.顶点；高潮；v.(使)达到顶点

参考例句：

• The fifth scene was the climax of the play.第五场是全剧的高潮。
• His quarrel with his father brought matters to a climax.他与他父亲的争吵使得事态发展到了顶点。

5 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。

6 simplicity   

n.简单，简易；朴素；直率，单纯

参考例句：

• She dressed with elegant simplicity.她穿着朴素高雅。
• The beauty of this plan is its simplicity.简明扼要是这个计划的一大特点。

7 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。

8 covenants   

n.（有法律约束的）协议( covenant的名词复数 )；盟约；公约；（向慈善事业、信托基金会等定期捐款的）契约书

参考例句：

• Do I need to review the Deed of mutual Covenants (DMC)? 我是否需要覆核公共契约(DMC)吗？ 来自互联网
• Many listed and unlisted companies need to sell to address covenants. 许多上市公司和非上市公司需要出售手中资产，以满足借贷契约的要求。 来自互联网

9 dictated   

v.大声讲或读( dictate的过去式和过去分词 )；口授；支配；摆布

参考例句：

• He dictated a letter to his secretary. 他向秘书口授信稿。
• No person of a strong character likes to be dictated to. 没有一个个性强的人愿受人使唤。 来自《简明英汉词典》

10 gratitude   

adj.感激，感谢

参考例句：

• I have expressed the depth of my gratitude to him.我向他表示了深切的谢意。
• She could not help her tears of gratitude rolling down her face.她感激的泪珠禁不住沿着面颊流了下来。

11 scatter   

vt.撒，驱散，散开；散布/播；vi.分散，消散

参考例句：

• You pile everything up and scatter things around.你把东西乱堆乱放。
• Small villages scatter at the foot of the mountain.村庄零零落落地散布在山脚下。

12 revival   

n.复兴，复苏，（精力、活力等的）重振

参考例句：

• The period saw a great revival in the wine trade.这一时期葡萄酒业出现了很大的复苏。
• He claimed the housing market was showing signs of a revival.他指出房地产市场正出现复苏的迹象。

13 philosophical   

adj.哲学家的，哲学上的，达观的

参考例句：

• The teacher couldn't answer the philosophical problem.老师不能解答这个哲学问题。
• She is very philosophical about her bad luck.她对自己的不幸看得很开。

14 diffused   

散布的，普及的，扩散的

参考例句：

• A drop of milk diffused in the water. 一滴牛奶在水中扩散开来。
• Gases and liquids diffused. 气体和液体慢慢混合了。

15 humane   

adj.人道的，富有同情心的

参考例句：

• Is it humane to kill animals for food?宰杀牲畜来吃合乎人道吗？
• Their aim is for a more just and humane society.他们的目标是建立一个更加公正、博爱的社会。

16 worthy   

adj.(of)值得的，配得上的；有价值的

参考例句：

• I did not esteem him to be worthy of trust.我认为他不值得信赖。
• There occurred nothing that was worthy to be mentioned.没有值得一提的事发生。

17 mitigate   

vt.（使）减轻，（使）缓和

参考例句：

• The government is trying to mitigate the effects of inflation.政府正试图缓和通货膨胀的影响。
• Governments should endeavour to mitigate distress.政府应努力缓解贫困问题。

18 ascertained   

v.弄清，确定，查明( ascertain的过去式和过去分词 )

参考例句：

• The previously unidentified objects have now been definitely ascertained as being satellites. 原来所说的不明飞行物现在已证实是卫星。 来自《简明英汉词典》
• I ascertained that she was dead. 我断定她已经死了。 来自《简明英汉词典》

19 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

20 atrocity   

n.残暴，暴行

参考例句：

• These people are guilty of acts of great atrocity.这些人犯有令人发指的暴行。
• I am shocked by the atrocity of this man's crimes.这个人行凶手段残忍狠毒使我震惊。

21 groans   

n.呻吟，叹息( groan的名词复数 )；呻吟般的声音v.呻吟( groan的第三人称单数 )；发牢骚；抱怨；受苦

参考例句：

• There were loud groans when he started to sing. 他刚开始歌唱时有人发出了很大的嘘声。 来自《简明英汉词典》
• It was a weird old house, full of creaks and groans. 这是所神秘而可怕的旧宅，到处嘎吱嘎吱作响。 来自《简明英汉词典》

22 prodigal   

adj.浪费的，挥霍的，放荡的

参考例句：

• He has been prodigal of the money left by his parents.他已挥霍掉他父母留下的钱。
• The country has been prodigal of its forests.这个国家的森林正受过度的采伐。

23 chimerical   

adj.荒诞不经的，梦幻的

参考例句：

• His Utopia is not a chimerical commonwealth but a practical improvement on what already exists.他的乌托邦不是空想的联邦，而是对那些已经存在的联邦事实上的改进。
• Most interpret the information from the victims as chimerical thinking.大多数来自于受害者的解释是被当作空想。

24 immortal   

adj.不朽的；永生的，不死的；神的

参考例句：

• The wild cocoa tree is effectively immortal.野生可可树实际上是不会死的。
• The heroes of the people are immortal!人民英雄永垂不朽！

25 cursorily   

adv.粗糙地，疏忽地，马虎地

参考例句：

• The subject has been referred to cursorily in the preface. 这个问题在序言中已粗略地提到了。 来自《现代汉英综合大词典》
• The stags line up against the wall, chat cursorily with one another. 光棍来宾都一字靠在墙上，有口无心地聊着天儿。 来自辞典例句

26 luminous   

adj.发光的，发亮的；光明的；明白易懂的；有启发的

参考例句：

• There are luminous knobs on all the doors in my house.我家所有门上都安有夜光把手。
• Most clocks and watches in this shop are in luminous paint.这家商店出售的大多数钟表都涂了发光漆。

27 esteem   

n.尊敬，尊重；vt.尊重，敬重；把…看作

参考例句：

• I did not esteem him to be worthy of trust.我认为他不值得信赖。
• The veteran worker ranks high in public love and esteem.那位老工人深受大伙的爱戴。

28 followers   

追随者( follower的名词复数 )； 用户； 契据的附面； 从动件

参考例句：

• the followers of Mahatma Gandhi 圣雄甘地的拥护者
• The reformer soon gathered a band of followers round him. 改革者很快就获得一群追随者支持他。

29 anarchy   

n.无政府状态；社会秩序混乱，无秩序

参考例句：

• There would be anarchy if we had no police.要是没有警察，社会就会无法无天。
• The country was thrown into a state of anarchy.这国家那时一下子陷入无政府状态。

30 regularity   

n.规律性，规则性；匀称，整齐

参考例句：

• The idea is to maintain the regularity of the heartbeat.问题就是要维持心跳的规律性。
• He exercised with a regularity that amazed us.他锻炼的规律程度令我们非常惊讶。

31 torments   

（肉体或精神上的）折磨，痛苦( torment的名词复数 )； 造成痛苦的事物[人]

参考例句：

• He released me from my torments. 他解除了我的痛苦。
• He suffered torments from his aching teeth. 他牙痛得难受。

32 attain   

vt.达到，获得，完成

参考例句：

• I used the scientific method to attain this end. 我用科学的方法来达到这一目的。
• His painstaking to attain his goal in life is praiseworthy. 他为实现人生目标所下的苦功是值得称赞的。

33 eloquence   

n.雄辩；口才，修辞

参考例句：

• I am afraid my eloquence did not avail against the facts.恐怕我的雄辩也无补于事实了。
• The people were charmed by his eloquence.人们被他的口才迷住了。

34 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。

35 spasms   

n.痉挛( spasm的名词复数 )；抽搐；（能量、行为等的）突发；发作

参考例句：

• After the patient received acupuncture treatment,his spasms eased off somewhat. 病人接受针刺治疗后，痉挛稍微减轻了。 来自《简明英汉词典》
• The smile died, squeezed out by spasms of anticipation and anxiety. 一阵阵预测和焦虑把她脸上的微笑挤掉了。 来自辞典例句

36 blessings   

n.（上帝的）祝福( blessing的名词复数 )；好事；福分；因祸得福

参考例句：

• Afflictions are sometimes blessings in disguise. 塞翁失马，焉知非福。 来自《简明英汉词典》
• We don't rely on blessings from Heaven. 我们不靠老天保佑。 来自《现代汉英综合大词典》