CHAPTER IV. INTERPRETATION OF THE LAWS.

 There is also a fourth consequence of the above principles: that the right to interpret penal¹ laws cannot possibly rest with the criminal judges, for the[126] very reason that they are not legislators. The judges have not received the laws from our ancestors as a family tradition, as a legacy² that only left to posterity³ the duty of obeying them, but they receive them from living society, or from the sovereign that represents it and is the lawful⁴ trustee of the actual result of men’s collective wills; they receive them, not as obligations arising from an ancient oath[65] (null, because it bound wills not then in existence, and iniquitous⁵, because it reduced men from a state of society to that of a flock), but as the result of the tacit or expressed oath made to the sovereign by the united wills of living subjects, as chains necessary for curbing⁶ and regulating the disorders⁷ caused by private interests. This is the natural and real source of the authority of the laws.

 

Who, then, will be the rightful interpreter of the laws? Will it be the sovereign, the trustee of the actual wills of all, or the judge, whose sole function[127] it is to examine whether such and such a man has committed an illegal act or not?

 

In every criminal case a judge ought to form a complete syllogistic⁸ deduction⁹, in which the statement of the general law constitutes the major premiss; the conformity¹⁰ or non-conformity of a particular action with the law, the minor¹¹ premiss; and acquittal or punishment, the conclusion. When a judge is obliged, or of his own accord wishes, to make even no more than two syllogisms, the door is opened to uncertainty¹².

 

Nothing is more dangerous than that common axiom, ‘We must consult the spirit of the laws.’ It is like breaking down a dam before the torrent¹³ of opinions. This truth, which seems a paradox¹⁴ to ordinary minds, more struck as they are by a little present inconvenience than by the pernicious but remote consequences which flow from a false principle enrooted among a people, seems to me to be demonstrated. Our knowledge and all our ideas are reciprocally connected together; and the more complicated they are, the more numerous are the approaches to them, and the points of departure. Every man has his own point of view—a different one at different times; so that ‘the spirit of the laws’ would mean the result of good or bad logic¹⁵ on the part of a judge, of an easy or difficult digestion¹⁶; it would depend now on the violence of his passions, now on the[128] feebleness of the sufferer, on the relationship between the judge and the plaintiff, or on all those minute forces which change the appearances of everything in the fluctuating mind of man. Hence it is that we see a citizen’s fate change several times in his passage from one court to another; that we see the lives of wretches¹⁷ at the mercy of the false reasonings or of the temporary caprice of a judge, who takes as his rightful canon of interpretation¹⁸ the vague result of all that confused series of notions which affect his mind. Hence it is that we see the same crimes punished differently by the same court at different times, owing to its having consulted, not the constant and fixed¹⁹ voice of the laws, but their unstable²⁰ and erring²¹ interpretations²².

 

No inconvenience that may arise from a strict observance of the letter of penal laws is to be compared with the inconveniences of subjecting them to interpretation. The momentary²³ inconvenience in the former case involves, indeed, correcting the words of the law which are the cause of the uncertainty, a task both easy and necessary; but the fatal licence of arguing, the source of so many arbitrary and venal²⁴ disputes, is thereby²⁵ prevented. When a fixed code of laws, which must be observed to the letter, leaves to the judge no further trouble than to inquire into the actions of citizens and to decide on their conformity to the written law; when the standard of just and[129] unjust, which should equally direct the actions of the ignorant citizen as of the philosophical²⁶ one, is not a matter of controversy²⁷ but of fact; then are people no longer subject to the petty tyrannies of many men, which are all the more cruel by reason of the smaller distance that separates the sufferer from the inflictor of suffering, and which are more pernicious than the tyrannies of a single man, inasmuch as the despotism of many is only curable by that of one, and a despot’s cruelty is proportioned, not to the power he possesses, but to the obstacles he encounters. Under a fixed code of laws citizens acquire that consciousness of personal security, which is just, because it is the object of social existence, and which is useful, because it enables them to calculate exactly the evil consequences of a misdeed. It is true they will also acquire a spirit of independence, but not such a spirit as will seek to shake the laws and prove rebellious²⁸ against the chief magistrates²⁹, except against such of them as have dared to apply the sacred name of virtue³⁰ to a spiritless submission³¹ to their own self-interested and capricious opinions. These principles will displease³² those who have assumed the right to transfer to their subordinates the strokes of tyranny they themselves have suffered from their superiors. I personally should have everything to fear, if the spirit of tyranny and the spirit of reading ever went together.

1 penal   

adj.刑罚的；刑法上的

参考例句：

• I hope you're familiar with penal code.我希望你们熟悉本州法律规则。
• He underwent nineteen years of penal servitude for theft.他因犯了大窃案受过十九年的苦刑。

2 legacy   

n.遗产，遗赠；先人(或过去)留下的东西

参考例句：

• They are the most precious cultural legacy our forefathers left.它们是我们祖先留下来的最宝贵的文化遗产。
• He thinks the legacy is a gift from the Gods.他认为这笔遗产是天赐之物。

3 posterity   

n.后裔，子孙，后代

参考例句：

• Few of his works will go down to posterity.他的作品没有几件会流传到后世。
• The names of those who died are recorded for posterity on a tablet at the back of the church.死者姓名都刻在教堂后面的一块石匾上以便后人铭记。

4 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。

5 iniquitous   

adj.不公正的；邪恶的；高得出奇的

参考例句：

• Many historians,of course,regard this as iniquitous.当然，许多历史学家认为这是极不公正的。
• Men of feeling may at any moment be killed outright by the iniquitous and the callous.多愁善感的人会立即被罪恶的人和无情的人彻底消灭。

6 curbing   

n.边石，边石的材料v.限制，克制，抑制( curb的现在分词 )

参考例句：

• Progress has been made in curbing inflation. 在控制通货膨胀方面已取得了进展。
• A range of policies have been introduced aimed at curbing inflation. 为了抑制通货膨胀实施了一系列的政策。

7 disorders   

n.混乱( disorder的名词复数 )；凌乱；骚乱；（身心、机能）失调

参考例句：

• Reports of anorexia and other eating disorders are on the increase. 据报告，厌食症和其他饮食方面的功能紊乱发生率正在不断增长。 来自《简明英汉词典》
• The announcement led to violent civil disorders. 这项宣布引起剧烈的骚乱。 来自《简明英汉词典》

8 syllogistic   

adj.三段论法的，演绎的，演绎性的

参考例句：

9 deduction   

n.减除，扣除，减除额；推论，推理，演绎

参考例句：

• No deduction in pay is made for absence due to illness.因病请假不扣工资。
• His deduction led him to the correct conclusion.他的推断使他得出正确的结论。

10 conformity   

n.一致，遵从，顺从

参考例句：

• Was his action in conformity with the law?他的行动是否合法？
• The plan was made in conformity with his views.计划仍按他的意见制定。

11 minor   

adj.较小(少)的，较次要的；n.辅修学科；vi.辅修

参考例句：

• The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
• I gave him a minor share of my wealth.我把小部分财产给了他。

12 uncertainty   

n.易变，靠不住，不确知，不确定的事物

参考例句：

• Her comments will add to the uncertainty of the situation.她的批评将会使局势更加不稳定。
• After six weeks of uncertainty,the strain was beginning to take its toll.6个星期的忐忑不安后，压力开始产生影响了。

13 torrent   

n.激流，洪流；爆发，(话语等的)连发

参考例句：

• The torrent scoured a channel down the hillside. 急流沿着山坡冲出了一条沟。
• Her pent-up anger was released in a torrent of words.她压抑的愤怒以滔滔不绝的话爆发了出来。

14 paradox   

n.似乎矛盾却正确的说法；自相矛盾的人(物)

参考例句：

• The story contains many levels of paradox.这个故事存在多重悖论。
• The paradox is that Japan does need serious education reform.矛盾的地方是日本确实需要教育改革。

15 logic   

n.逻辑(学)；逻辑性

参考例句：

• What sort of logic is that?这是什么逻辑？
• I don't follow the logic of your argument.我不明白你的论点逻辑性何在。

16 digestion   

n.消化，吸收

参考例句：

• This kind of tea acts as an aid to digestion.这种茶可助消化。
• This food is easy of digestion.这食物容易消化。

17 wretches   

n.不幸的人( wretch的名词复数 )；可怜的人；恶棍；坏蛋

参考例句：

• The little wretches were all bedraggledfrom some roguery. 小淘气们由于恶作剧而弄得脏乎乎的。 来自《现代英汉综合大词典》
• The best courage for us poor wretches is to fly from danger. 对我们这些可怜虫说来，最好的出路还是躲避危险。 来自辞典例句

18 interpretation   

n.解释，说明，描述；艺术处理

参考例句：

• His statement admits of one interpretation only.他的话只有一种解释。
• Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

19 fixed   

adj.固定的，不变的，准备好的；(计算机)固定的

参考例句：

• Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？
• Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

20 unstable   

adj.不稳定的，易变的

参考例句：

• This bookcase is too unstable to hold so many books.这书橱很不结实，装不了这么多书。
• The patient's condition was unstable.那患者的病情不稳定。

21 erring   

做错事的，错误的

参考例句：

• Instead of bludgeoning our erring comrades, we should help them with criticism. 对犯错误的同志， 要批评帮助，不能一棍子打死。
• She had too little faith in mankind not to know that they were erring. 她对男人们没有信心，知道他们总要犯错误的。 来自英汉文学 - 嘉莉妹妹

22 interpretations   

n.解释( interpretation的名词复数 )；表演；演绎；理解

参考例句：

• This passage is open to a variety of interpretations. 这篇文章可以有各种不同的解释。 来自《简明英汉词典》
• The involved and abstruse passage makes several interpretations possible. 这段艰涩的文字可以作出好几种解释。 来自《现代汉英综合大词典》

23 momentary   

adj.片刻的，瞬息的；短暂的

参考例句：

• We are in momentary expectation of the arrival of you.我们无时无刻不在盼望你的到来。
• I caught a momentary glimpse of them.我瞥了他们一眼。

24 venal   

adj.唯利是图的，贪脏枉法的

参考例句：

• Ian Trimmer is corrupt and thoroughly venal.伊恩·特里默贪污受贿，是个彻头彻尾的贪官。
• Venal judges are a disgrace to a country.贪污腐败的法官是国家的耻辱。

25 thereby   

adv.因此，从而

参考例句：

• I have never been to that city,,ereby I don't know much about it.我从未去过那座城市，因此对它不怎么熟悉。
• He became a British citizen,thereby gaining the right to vote.他成了英国公民，因而得到了投票权。

26 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。

27 controversy   

n.争论，辩论，争吵

参考例句：

• That is a fact beyond controversy.那是一个无可争论的事实。
• We ran the risk of becoming the butt of every controversy.我们要冒使自己在所有的纷争中都成为众矢之的的风险。

28 rebellious   

adj.造反的，反抗的，难控制的

参考例句：

• They will be in danger if they are rebellious.如果他们造反，他们就要发生危险。
• Her reply was mild enough,but her thoughts were rebellious.她的回答虽然很温和，但她的心里十分反感。

29 magistrates   

地方法官，治安官( magistrate的名词复数 )

参考例句：

• to come up before the magistrates 在地方法院出庭
• He was summoned to appear before the magistrates. 他被传唤在地方法院出庭。

30 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。

31 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。

32 displease   

vt.使不高兴，惹怒；n.不悦，不满，生气

参考例句：

• Not wishing to displease her,he avoided answering the question.为了不惹她生气，他对这个问题避而不答。
• She couldn't afford to displease her boss.她得罪不起她的上司。