论法的精神 (希腊人的某些制度)

at 4年前  ca 论法的精神经典语录  pv 1611  by 名著  

Of some Institutions among the Greeks.

The ancient Greeks, convinced of the necessity that people who live under a popular government should be trained up to virtue, made very singular institutions【奇特的制度】 in order to inspire it.Upon seeing in the life of Lycurgus the laws that legislator gave to the Lacedæmonians,I imagine I am reading the history of the Sevarambes.The laws of Crete were the model of those of Sparta; and those of Plato reformed them. 

【Lycurgus:来库古,是古希腊的一位政治人物,为斯巴达的王族。Lacedæmonian:古代希腊伯罗奔尼撒半岛东南拉哥尼亚的别称。斯巴达城邦国家发源地。斯巴达人有时被称为拉栖第梦人。】 

【《塞瓦兰人的历史》:本书是17世纪法国空想社会主义的代表作。作者在作品中虚构了一个存在于“南方大陆”上的国家——塞瓦兰,并对这个国家的社会制度、政治体制、风土人情及其建立以后的历史进行了详尽的描述。】.【克里特岛位于希腊的南端,是爱琴海中最大的岛屿。】【克里特的法律是以斯巴达的法律为蓝本,而柏拉图的法律就是在斯巴达法律的基础上修订的。】


Let us reflect here a little on the extensive genius with which those legislators must have been endowed,【赋予,给予(品质等)】 to perceive that by striking at received customs,【向旧俗发起冲击】 and by confounding all manner of virtues, they should display their wisdom to the universe. Lycurgus, by blending theft with the spirit of justice, the hardest servitude with excess of liberty,【把最为苦难的奴役和极度的自由融合起来】 the most rigid sentiments with the greatest moderation,【把最残忍的感情和最大限度的宽容融合起来】 gave stability to his city.He seemed to deprive her of all resources, such as arts, commerce, money, and walls; ambition prevailed among the citizens without hopes of improving their fortune; they had natural sentiments without the tie of a son, husband, or father; and chastity was stripped even of modesty and shame.【chastity :(性问题上的)忠贞】

This was the road that led Sparta to grandeur and glory; 【强盛和荣耀】and so infallible were these institutions,【经久不衰】 that it signified nothing to gain a victory over that republic without subverting her polity.【推翻他的政体】


By these laws Crete and Laconia were governed. Sparta was the last that fell a prey to the Macedonians, and Crete to the Romans. The Samnites had the same institutions,【萨谟奈人:古代居住在意大利南部山区中心诸好战部落的罗马名称。】 which furnished those very Romans with the subject of four-and-twenty triumphs.【罗马人获得了二十四次胜利后才最终消灭了它。】


A character so extraordinary in the institutions of Greece has shown itself lately in the dregs and corruptions of modern times.[ 在我们时代的渣滓和腐败之中也能看到这种不可思议的民族个性] A very honest legislator has formed a people to whom probity [正直;诚实]seems as natural as bravery to the Spartans.


Mr. Penn is a real Lycurgus: and though the former made peace his principal aim, as the latter did war, yet they resemble one another in the singular way of living to which they reduced their people, in the ascendant they had over free men, 【在自由人中提高自己威望】in the prejudices they overcame, and in the passions which they subdued.【overcome 和subdue 的区别。0overcome : 多指战胜或克服非物质的东西,如困难和不良习惯等。语气较弱也可指在斗争或竞争中战胜或压倒对方。subdue : 正式用词,与conquer同义,但强调失败后的臣服状态;也可用作借喻,表克制、压抑感情、欲望等。】Another example we have from Paraguay.[ 巴拉圭是南美洲中部的一个内陆国家] This has been the subject of an invidious charge against a society that considers the pleasure of commanding as the only happiness in life[subject :(批评、学习、调查的)对象、例子][ commanding:发号施令.]: but it will be ever a glorious undertaking to render a government subservient to human happiness.[ render:使成为。 glorious undertaking:美好的事 。subservient:恭顺的; 驯服的。 ]


It is glorious indeed for this society to have been the first in pointing out to those countries the idea of religion joined with that of humanity.【将宗教和人道结合起来】 By repairing the devastations of the Spaniards, she has begun to heal one of the most dangerous wounds that the human species ever received.[ 重大创伤] 


An exquisite sensibility [精微的感受力]to whatever she distinguishes by the name of honour, joined to her zeal[热情]for a religion which is far more humbling in respect to those who receive than to those who preach its doctrines,[信徒地位卑微,远不如布道者高贵。]has set her upon vast undertakings, which she has accomplished with success.[宏伟的事业] She has drawn wild people from their woods, secured them a maintenance, and clothed their nakedness; and had she only by this step improved the industry of mankind, it would have been sufficient to eternise her fame.[使永恒,使不朽]


They who shall attempt hereafter to introduce like institutions must establish the community of goods as prescribed in Plato's republic;[财产共有制的社会] that high respect he required for the gods; that separation from strangers, for the preservation of morals; and an extensive commerce carried on by the community, and not by private citizens: they must give our arts without our luxury, and our wants without our desires.[没有奢华的艺术品,只有高超的技艺;没有欲壑难填的欲望,只有生活基本所需。]


They must proscribe money,【摈弃金钱】 the effects of which are to swell people's fortunes beyond the bounds prescribed by nature; to learn to preserve for no purpose what has been idly hoarded up; [贮藏; 囤积]to multiply without end our desires; and to supply the sterility of nature, from whom we have received very scanty means of inflaming our passions, and of corrupting each other.【大自然原本赋予我们为数不多的手段去刺激情欲及促使人们相互腐化,然而金钱却弥补了其不足。】


"The Epidamnians[埃皮达姆纳人],perceiving their morals depraved [败坏]by conversing with barbarians, chose a magistrate[专职官吏]for making all contracts and sales in the name and behalf of the city." Commerce then does not corrupt the constitution, and the constitution does not deprive society of the advantages of commerce.[因此,贸易不会腐蚀基本制度,而基本制度也不能剥夺社会从贸易中获得的利益。]


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