论法的精神英文版(在君主政体之下,法律应如何与原则相适应适应)

at 4年前  ca 论法的精神经典语录  pv 1259  by 名著  

In what Manner the Laws are in relation to their Principle in Monarchies. 

    As honour is the principle of a monarchical government, the laws ought to be in relation to this principle.

They should endeavour to support the nobility, in respect to whom honour may be, in some measure, deemed both child and parent.

在君主政体下,法律应该尽力维护贵族。荣誉既可被称为贵族的产儿,也可被称为它的生父。

    They should render the nobility hereditary, not as a boundary between the power of the prince and the weakness of the people, but as the link which connects them both.

    In this government, substitutions which preserve the estates of families undivided are extremely useful, though in others not so proper.

Here the power of redemption is of service, as it restores to noble families the lands that had been alienated by the prodigality of a parent.

The land of the nobility ought to have privileges as well as their persons. The monarch's dignity is inseparable from that of his kingdom; and-the dignity of the nobleman from that of his fief.

All these privileges must be peculiar to the nobility, and incommunicable to the people, unless we intend to act contrary to the principle of government, and to diminish the power of the nobles together with that of the people.

    Substitutions are a restraint to commerce, the power of redemption produces an infinite number of processes; every estate in land that is sold throughout the kingdom is in some measure without an owner for the space of a year. Privileges annexed to fiefs give a power very burdensome to those governments which tolerate them. These are the inconveniences of nobility — inconveniences, however, that vanish when confronted with its general utility: but when these privileges are communicated to the people, every principle of government is wantonly violated.

    In monarchies a person may leave the bulk of his estate to one of his children — a permission improper in any other government.

    The laws ought to favour all kinds of commerce consistent with the constitution, to the end that the subjects may, without ruining themselves, be able to satisfy the continual cravings of the prince and his court.

注:法律只能允许平民经商。

    They should establish some regulation that the manner of collecting the taxes may not be more burdensome than the taxes themselves.

    The weight of duties produces labour, labour weariness, and weariness the spirit of indolence.

繁重的征税首先使人民艰苦劳作;劳作使身心过度疲惫;疲惫使人产生怠惰。


    

  



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