The good faith of contracts and the security of commerce compel the legislator to assure to
creditors1 the persons of
insolvent2 debtors3. But I think it important to distinguish the fraudulent from the innocent bankrupt, the former of whom should receive the same punishment as that assigned to false coiners, since it is no greater crime to falsify a piece of coined money, the pledge of men’s mutual[217] obligations, than to falsify those obligations themselves. But the innocent bankrupt—he who, after a searching
inquiry4, has proved before his judges that the wickedness or misfortune of some one else, or the
inevitable5 vicissitudes6 of human
prudence7, have
despoiled8 him of his substance—for what barbarous reason ought such an one to be thrown into prison, and deprived of the only poor benefit that
remains9 to him, a barren liberty, in order to suffer the agonies of the really guilty, and, in despair at his ruined honesty, to
repent10 perhaps of that
innocence11, by which he lived peacefully under the protection of those laws that it was not in his power not to offend against? Laws, too,
dictated12 by the powerful by reason of their
rapacity13, and endured by the feeble by reason of that hope, which generally
glimmers14 in the human heart, and leads us to believe that unfavourable
contingencies16 are reserved for others,
favourable15 ones for ourselves! Men left to their natural feelings love cruel laws, however much, as subject to them themselves, it might be for their individual interest that they should be
mitigated17; because their fear of being injured by others is greater than their desire to
inflict18 injuries themselves.
To return to the innocent bankrupt. Granting that his obligation should not be extinguishable by anything short of total payment; granting that he should not be suffered to withdraw from it without the[218] consent of the parties interested, nor to transfer under the
dominion19 of other laws his industry, which should perforce be employed, under penalties, to enable him to satisfy his creditors in proportion to his profits; what fair
pretext20, I ask, can there be, such as the security of commerce or the sacred right of property, to
justify21 the
deprivation22 of his liberty? Such a deprivation is only of use, when it is sought to discover the secrets of a supposed innocent bankrupt by the evils of servitude, a most unusual circumstance where a rigorous inquiry is instituted. I believe it to be a
maxim23 in legislation, that the amount of political inconveniences varies directly in proportion to the injury they do the public, and
inversely24 in proportion to the difficulty of their proof.
It would be possible to distinguish a case of fraud from a grave fault, a grave fault from a light one, and this again from perfect innocence; then to
affix25 to the first the penalties due for crimes of falsification; to the second
lesser26 penalties, but with the loss of personal liberty; and, reserving for the last degree the free choice of the means of recovery, to deprive the third degree of such liberty, whilst leaving it to a man’s creditors. But the distinction between grave and light should be
fixed27 by the blind
impartiality28 of the laws, not by the dangerous and arbitrary wisdom of a judge. The fixings of limits are as necessary in politics as in mathematics, equally in the measurement[219] of the public welfare as in the measurement of magnitudes.[68]
How easily might the farseeing legislator hinder a large part of
culpable29 bankruptcy30, and relieve the misfortunes of the
industrious31 and innocent! The public and open
registration32 of all contracts; freedom to every citizen to consult them in well-kept documents; a public bank formed by wisely-apportioned taxes upon prosperous commerce, and intended for the timely relief of any unfortunate and innocent member of the company;—such measures would have no real drawback and might produce numberless advantages. But easy, simple, and great laws, which await but the signal of the legislator, in order to
scatter33 riches and strength through a nation—laws which would be
celebrated34 from generation to generation in
hymns35 of gratitude—are either the least thought of or the least desired of all. An uneasy and petty spirit, the timid prudence of the present moment, and a
circumspect36 stiffness against innovations, master the feelings of those who govern the complex actions of mankind.
点击
收听单词发音
1
creditors
|
|
n.债权人,债主( creditor的名词复数 ) |
参考例句: |
- They agreed to repay their creditors over a period of three years. 他们同意3年内向债主还清欠款。 来自《简明英汉词典》
- Creditors could obtain a writ for the arrest of their debtors. 债权人可以获得逮捕债务人的令状。 来自《简明英汉词典》
|
2
insolvent
|
|
adj.破产的,无偿还能力的 |
参考例句: |
- They lost orders and were insolvent within weeks.他们失去了订货,几周后就无法偿还债务。
- The bank was declared insolvent.银行被宣布破产。
|
3
debtors
|
|
n.债务人,借方( debtor的名词复数 ) |
参考例句: |
- Creditors could obtain a writ for the arrest of their debtors. 债权人可以获得逮捕债务人的令状。 来自《简明英汉词典》
- Never in a debtors' prison? 从没有因债务坐过牢么? 来自英汉文学 - 双城记
|
4
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。
|
5
inevitable
|
|
adj.不可避免的,必然发生的 |
参考例句: |
- Mary was wearing her inevitable large hat.玛丽戴着她总是戴的那顶大帽子。
- The defeat had inevitable consequences for British policy.战败对英国政策不可避免地产生了影响。
|
6
vicissitudes
|
|
n.变迁,世事变化;变迁兴衰( vicissitude的名词复数 );盛衰兴废 |
参考例句: |
- He experienced several great social vicissitudes in his life. 他一生中经历了几次大的社会变迁。 来自《简明英汉词典》
- A man used to vicissitudes is not easily dejected. 饱经沧桑,不易沮丧。 来自《简明英汉词典》
|
7
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。
|
8
despoiled
|
|
v.掠夺,抢劫( despoil的过去式和过去分词 ) |
参考例句: |
- They despoiled the villagers of their belongings. 他们夺走了村民的财物。 来自《简明英汉词典》
- The victorious army despoiled the city of all its treasures. 得胜的军队把城里的财宝劫掠一空。 来自辞典例句
|
9
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。
|
10
repent
|
|
v.悔悟,悔改,忏悔,后悔 |
参考例句: |
- He has nothing to repent of.他没有什么要懊悔的。
- Remission of sins is promised to those who repent.悔罪者可得到赦免。
|
11
innocence
|
|
n.无罪;天真;无害 |
参考例句: |
- There was a touching air of innocence about the boy.这个男孩有一种令人感动的天真神情。
- The accused man proved his innocence of the crime.被告人经证实无罪。
|
12
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》
|
13
rapacity
|
|
n.贪婪,贪心,劫掠的欲望 |
参考例句: |
- Here was neither guile nor rapacity. 在她身上没有狡诈和贪婪。 来自英汉文学 - 嘉莉妹妹
- During the whole process of construction, the operational safty and rapacity of track must be guaranteed. 改建施工期内不影响正线运营安全,也不降低通过能力。 来自互联网
|
14
glimmers
|
|
n.微光,闪光( glimmer的名词复数 )v.发闪光,发微光( glimmer的第三人称单数 ) |
参考例句: |
- A faint lamp glimmers at the end of the passage. 一盏昏暗的灯在走廊尽头发出微弱的光线。 来自互联网
- The first glimmers of an export-led revival are apparent. 拉动出库复苏的第一缕曙光正出现。 来自互联网
|
15
favourable
|
|
adj.赞成的,称赞的,有利的,良好的,顺利的 |
参考例句: |
- The company will lend you money on very favourable terms.这家公司将以非常优惠的条件借钱给你。
- We found that most people are favourable to the idea.我们发现大多数人同意这个意见。
|
16
contingencies
|
|
n.偶然发生的事故,意外事故( contingency的名词复数 );以备万一 |
参考例句: |
- We must consider all possible contingencies. 我们必须考虑一切可能发生的事。
- We must be prepared for all contingencies. 我们要作好各种准备,以防意外。 来自辞典例句
|
17
mitigated
|
|
v.减轻,缓和( mitigate的过去式和过去分词 ) |
参考例句: |
- The cost of getting there is mitigated by Sydney's offer of a subsidy. 由于悉尼提供补助金,所以到那里的花费就减少了。 来自辞典例句
- The living conditions were slightly mitigated. 居住条件稍有缓解。 来自辞典例句
|
18
inflict
|
|
vt.(on)把…强加给,使遭受,使承担 |
参考例句: |
- Don't inflict your ideas on me.不要把你的想法强加于我。
- Don't inflict damage on any person.不要伤害任何人。
|
19
dominion
|
|
n.统治,管辖,支配权;领土,版图 |
参考例句: |
- Alexander held dominion over a vast area.亚历山大曾统治过辽阔的地域。
- In the affluent society,the authorities are hardly forced to justify their dominion.在富裕社会里,当局几乎无需证明其统治之合理。
|
20
pretext
|
|
n.借口,托词 |
参考例句: |
- He used his headache as a pretext for not going to school.他借口头疼而不去上学。
- He didn't attend that meeting under the pretext of sickness.他以生病为借口,没参加那个会议。
|
21
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?
|
22
deprivation
|
|
n.匮乏;丧失;夺去,贫困 |
参考例句: |
- Many studies make it clear that sleep deprivation is dangerous.多实验都证实了睡眠被剥夺是危险的。
- Missing the holiday was a great deprivation.错过假日是极大的损失。
|
23
maxim
|
|
n.格言,箴言 |
参考例句: |
- Please lay the maxim to your heart.请把此格言记在心里。
- "Waste not,want not" is her favourite maxim.“不浪费则不匮乏”是她喜爱的格言。
|
24
inversely
|
|
adj.相反的 |
参考例句: |
- Pressure varies directly with temperature and inversely with volume. 压力随温度成正比例变化,与容积成反比例变化。 来自《简明英汉词典》
- The amount of force needed is inversely proportional to the rigidity of the material. 需要的力度与材料的硬度成反比。 来自《简明英汉词典》
|
25
affix
|
|
n.附件,附录 vt.附贴,盖(章),签署 |
参考例句: |
- Please affix your signature to the document. 请你在这个文件上签字。
- Complete the form and affix four tokens to its back. 填完该表,在背面贴上4张凭券。
|
26
lesser
|
|
adj.次要的,较小的;adv.较小地,较少地 |
参考例句: |
- Kept some of the lesser players out.不让那些次要的球员参加联赛。
- She has also been affected,but to a lesser degree.她也受到波及,但程度较轻。
|
27
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。
|
28
impartiality
|
|
n. 公平, 无私, 不偏 |
参考例句: |
- He shows impartiality and detachment. 他表现得不偏不倚,超然事外。
- Impartiality is essential to a judge. 公平是当法官所必需的。
|
29
culpable
|
|
adj.有罪的,该受谴责的 |
参考例句: |
- The judge found the man culpable.法官认为那个人有罪。
- Their decision to do nothing makes them culpable.他们不采取任何行动的决定使他们难辞其咎。
|
30
bankruptcy
|
|
n.破产;无偿付能力 |
参考例句: |
- You will have to pull in if you want to escape bankruptcy.如果你想避免破产,就必须节省开支。
- His firm is just on thin ice of bankruptcy.他的商号正面临破产的危险。
|
31
industrious
|
|
adj.勤劳的,刻苦的,奋发的 |
参考例句: |
- If the tiller is industrious,the farmland is productive.人勤地不懒。
- She was an industrious and willing worker.她是个勤劳肯干的员工。
|
32
registration
|
|
n.登记,注册,挂号 |
参考例句: |
- Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
- What's your registration number?你挂的是几号?
|
33
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。
|
34
celebrated
|
|
adj.有名的,声誉卓著的 |
参考例句: |
- He was soon one of the most celebrated young painters in England.不久他就成了英格兰最负盛名的年轻画家之一。
- The celebrated violinist was mobbed by the audience.观众团团围住了这位著名的小提琴演奏家。
|
35
hymns
|
|
n.赞美诗,圣歌,颂歌( hymn的名词复数 ) |
参考例句: |
- At first, they played the hymns and marches familiar to them. 起初他们只吹奏自己熟悉的赞美诗和进行曲。 来自英汉非文学 - 百科语料821
- I like singing hymns. 我喜欢唱圣歌。 来自辞典例句
|
36
circumspect
|
|
adj.慎重的,谨慎的 |
参考例句: |
- She is very circumspect when dealing with strangers.她与陌生人打交道时十分谨慎。
- He was very circumspect in his financial affairs.他对于自己的财务十分细心。
|