Some crimes are injuries to a man’s person, others to his property, and the former should certainly be punished by corporal punishments.
Offences, therefore, against personal security and liberty are among the greatest of crimes. Under this head fall not only the assassinations3 and thefts of the common people, but those also committed by the nobles and magistrates4, whose influence, acting5 with greater force and to a greater distance, destroys in those subject to them all ideas of justice and duty, and gives strength to those ideas of the right of the strongest, which are equally perilous6 ultimately to him who exercises no less than to him who endures it.
Neither the noble nor the rich man ought to be able to pay a price for injuries committed against the feeble and the poor; else riches, which, under the[206] protection of the laws, are the prize of industry, become the nourishment7 of tyranny. Whenever the laws suffer a man in certain cases to cease to be a person and to become a thing, there is no liberty; for then you will see the man of power devoting all his industry to gather from the numberless combinations of civil life those which the law grants in his favour. This discovery is the magic secret that changes citizens into beasts of burden, and in the hand of the strong man forms the chain wherewith to fetter8 the actions of the imprudent and the weak. This is the reason why in some governments, that have all the semblance9 of liberty, tyranny lies hidden or insinuates10 itself unforeseen, in some corner neglected by the legislator, where insensibly it gains force and grows.
Men oppose the strongest barriers against open tyranny, but they see not the imperceptible insect, which gnaws11 them away, and makes for the invading stream an opening that is all the more sure by very reason of its concealment12 from view.
Of what kind, then, will be the punishments due to the crimes of nobles, whose privileges form so great a part of the laws of different countries? I will not here inquire whether this traditional distinction between nobles and commons be advantageous13 in a government, or necessary in a monarchy14; nor whether it be true that a nobility forms an intermediate power in restraint of the excesses of the two[207] extremes, and not rather a caste which, in slavery to itself and to others, confines all circulation of merit and hope to a very narrow circle, like those fertile and pleasant oases15 scattered16 among the vast sand-deserts of Arabia; nor whether, supposing it to be true that inequality is inevitable17 and useful in society, it be also true that such inequality should subsist18 between classes rather than individuals, and should remain with one part of the body politic19 rather than circulate through the whole; whether it should rather perpetuate20 itself than be subject to constant self-destruction and renovation21. I will confine myself to the punishments proper for nobles, affirming that they should be the same for the greatest citizen as for the least. Every distinction of honour or of riches presupposes, to be legitimate22, a prior state of equality, founded on the laws, which regard all subjects as equally dependent on themselves. One must suppose the men, who renounced23 their natural state of despotic independence, to have said: ‘Let him who is more industrious24 than his fellows have greater honours, and let his fame be greater among his successors; let him who is more prosperous and honoured hope even to become more so, but let him fear no less than other men to break those conditions by virtue25 of which he is raised above them.’ True it is that such decrees did not emanate26 in a convocation of the human race, but such decrees exist in the[208] eternal relations of things; they do not destroy the supposed advantages of a nobility, though they prevent its abuses; and they make laws feared, by closing every admission to impunity27. And if any one shall say that the same punishment inflicted28 upon a noble and upon a commoner is not really the same, by reason of the diversity of their education, and of the disgrace spread over an illustrious family, I will reply, that the sensibility of the criminal is not the measure of punishment, but the public injury, and that this is all the greater when committed by the more highly favoured man; that equality of punishment can only be so when considered extrinsically29, being really different in each individual; and that the disgrace of a family can be removed by public proofs of kindness on the part of the sovereign towards the innocent family of the criminal. And who is there but knows that formalities which strike the senses serve as reasonings with the credulous30 and admiring populace?
点击收听单词发音
1 affix | |
n.附件,附录 vt.附贴,盖(章),签署 | |
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2 violation | |
n.违反(行为),违背(行为),侵犯 | |
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3 assassinations | |
n.暗杀( assassination的名词复数 ) | |
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4 magistrates | |
地方法官,治安官( magistrate的名词复数 ) | |
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5 acting | |
n.演戏,行为,假装;adj.代理的,临时的,演出用的 | |
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6 perilous | |
adj.危险的,冒险的 | |
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7 nourishment | |
n.食物,营养品;营养情况 | |
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8 fetter | |
n./vt.脚镣,束缚 | |
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9 semblance | |
n.外貌,外表 | |
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10 insinuates | |
n.暗示( insinuate的名词复数 );巧妙或迂回地潜入;(使)缓慢进入;慢慢伸入v.暗示( insinuate的第三人称单数 );巧妙或迂回地潜入;(使)缓慢进入;慢慢伸入 | |
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11 gnaws | |
咬( gnaw的第三人称单数 ); (长时间) 折磨某人; (使)苦恼; (长时间)危害某事物 | |
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12 concealment | |
n.隐藏, 掩盖,隐瞒 | |
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13 advantageous | |
adj.有利的;有帮助的 | |
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14 monarchy | |
n.君主,最高统治者;君主政体,君主国 | |
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15 oases | |
n.(沙漠中的)绿洲( oasis的名词复数 );(困苦中)令人快慰的地方(或时刻);乐土;乐事 | |
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16 scattered | |
adj.分散的,稀疏的;散步的;疏疏落落的 | |
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17 inevitable | |
adj.不可避免的,必然发生的 | |
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18 subsist | |
vi.生存,存在,供养 | |
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19 politic | |
adj.有智虑的;精明的;v.从政 | |
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20 perpetuate | |
v.使永存,使永记不忘 | |
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21 renovation | |
n.革新,整修 | |
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22 legitimate | |
adj.合法的,合理的,合乎逻辑的;v.使合法 | |
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23 renounced | |
v.声明放弃( renounce的过去式和过去分词 );宣布放弃;宣布与…决裂;宣布摒弃 | |
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24 industrious | |
adj.勤劳的,刻苦的,奋发的 | |
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25 virtue | |
n.德行,美德;贞操;优点;功效,效力 | |
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26 emanate | |
v.发自,来自,出自 | |
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27 impunity | |
n.(惩罚、损失、伤害等的)免除 | |
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28 inflicted | |
把…强加给,使承受,遭受( inflict的过去式和过去分词 ) | |
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29 extrinsically | |
adj.非固有的,非本质的 | |
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30 credulous | |
adj.轻信的,易信的 | |
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