孟德斯鸠(法律是君主一时的意志)

at 3年前  ca 论法的精神经典语录  pv 1484  by 名著  

Of the Communication of Power.

    In a despotic government the power is communicated entire to the person entrusted with it. The vizir himself is the despotic prince; and each particular officer is the vizir. In monarchies the power is less immediately applied, being tempered by the monarch as he gives it. He makes such a distribution of his authority as never to communicate a part of it without reserving a greater share to himself.

    Hence in monarchies the governors of towns are not so dependent on the governor of the province as not to be still more so on the prince; and the private officers or military bodies are not so far subject to their general as not to owe still a greater subjection to their sovereign.

In most monarchies it has been wisely regulated that those who have an extensive command should not belong to any military corps; so that as they have no authority but through the prince's pleasure, and as they may be employed or not, they are in some measure in the service, and in some measure out of it.

    This is incompatible with a despotic government. For if those who are not actually employed were still invested with privileges and titles, the consequence must be that there would be men in the state who might be said to be great of themselves; a thing directly opposite to the nature of this government.

Were the governor of a town independent of the pasha, expedients would be daily necessary to make them agree; which is highly absurd in a despotic state. Besides, if a particular governor should refuse to obey, how could the other answer for his province with his head?

    In this kind of government, authority must ever be wavering; nor is that of the lowest magistrate more steady than that of the despotic prince. Under moderate governments, the law is prudent in all its parts, and perfectly well known, so that even the pettiest magistrates are capable of following it. But in a despotic state, where the prince's will is the law, though the prince were wise, yet how could the magistrate follow a will he does not know? He must certainly follow his own.

    Again, as the law is only the prince's will, and as the prince can only will what he knows, the consequence is that there are an infinite number of people who must will for him, and make their wills keep pace with his. In fine, as the law is the momentary will of the prince, it is necessary that those who will for him should follow his sudden manner of willing.

    在专制政体下,权威总是摇摆不定的。即使是最低级的官吏的权威也不比君主的权威更为稳定。在政治宽和的国家里,法律到处都体现着明智,并且都是家喻户晓;所以即使是职务最低的官吏,也能够有所遵循。但是在专制国家里,法律只是君主的意志而已。即使君主是英明的,官吏们又如何遵从某个他们所不知道的意志呢?那么,官吏们理所当然地遵从自己的意志了。   

  加之,由于法律只是君主的意志所在,其结果,便非常有必要有无数的人们为君主表达意志,并且像君主一样地表达意志。   

  总之,法律既然是君主一时的意志,那么,那些替他表达意志的人们也必然像君主一样,即兴地表达其意志。 

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