TOLES阅读:论法的精神

上传人:无*** 文档编号:44425258 上传时间:2021-12-05 格式:DOC 页数:8 大小:18.97KB
收藏 版权申诉 举报 下载
TOLES阅读:论法的精神_第1页
第1页 / 共8页
TOLES阅读:论法的精神_第2页
第2页 / 共8页
TOLES阅读:论法的精神_第3页
第3页 / 共8页
资源描述:

《TOLES阅读:论法的精神》由会员分享,可在线阅读,更多相关《TOLES阅读:论法的精神(8页珍藏版)》请在装配图网上搜索。

1、The Spirit of LawsBy Charles de MontesquieuOf Laws in General1. Of the Relation of Laws to different Beings. Laws, in their most general signification, are the necessary relations arising from the nature of things. In this sense all beings have their laws: the Deity1 His laws, the material world its

2、 laws, the intelligences superior to man their laws, the beasts their laws, man his laws.They who assert that a blind fatality produced the various effects we behold in this world talk very absurdly; for can anything be more unreasonable than to pretend that a blind fatality could be productive of i

3、ntelligent beings?There is, then, a prime reason; and laws are the relations subsisting between it and different beings, and the relations of these to one another.God is related to the universe, as Creator and Preserver; the laws by which He created all things are those by which He preserves them. H

4、e acts according to these rules, because He knows them; He knows them, because He made them; and He made them, because they are in relation to His wisdom and power.Since we observe that the world, though formed by the motion of matter, and void of understanding, subsists through so long a succession

5、 of ages, its motions must certainly be directed by invariable laws; and could we imagine another world, it must also have constant rules, or it would inevitably perish.Thus the creation, which seems an arbitrary act, supposes laws as invariable as those of the fatality of the Atheists. It would be

6、absurd to say that the Creator might govern the world without those rules, since without them it could not subsist.These rules are a fixed and invariable relation. In bodies moved, the motion is received, increased, diminished, or lost, according to the relations of the quantity of matter and veloci

7、ty; each diversity is uniformity, each change is constancy. Particular intelligent beings may have laws of their own making, but they have some likewise which they never made. Before there were intelligent beings, they were possible; they had therefore possible relations, and consequently possible l

8、aws. Before laws were made, there were relations of possible justice. To say that there is nothing just or unjust but what is commanded or forbidden by positive laws, is the same as saying that before the describing of a circle all the radii were not equal.We must therefore acknowledge relations of

9、justice antecedent to the positive law by which they are established: as, for instance, if human societies existed, it would be right to conform to their laws; if there were intelligent beings that had received a benefit of another being, they ought to show their gratitude; if one intelligent being

10、had created another intelligent being, the latter ought to continue in its original state of dependence; if one intelligent being injures another, it deserves a retaliation; and so on.But the intelligent world is far from being so well governed as the physical. For though the former has also its law

11、s, which of their own nature are invariable, it does not conform to them so exactly as the physical world. This is because, on the one hand, particular intelligent beings are of a finite nature, and consequently liable to error; and on the other, their nature requires them to be free agents. Hence t

12、hey do not steadily conform to their primitive laws; and even those of their own instituting they frequently infringe. Whether brutes be governed by the general laws of motion, or by a particular movement, we cannot determine. Be that as it may, they have not a more intimate relation to God than the

13、 rest of the material world; and sensation is of no other use to them than in the relation they have either to other particular beings or to themselves. By the allurement of pleasure they preserve the individual, and by the same allurement they preserve their species. They have natural laws, because

14、 they are united by sensation; positive laws they have none, because they are not connected by knowledge. And yet they do not invariably conform to their natural laws; these are better observed by vegetables, that have neither understanding nor sense.Brutes are deprived of the high advantages which

15、we have; but they have some which we have not. They have not our hopes, but they are without our fears; they are subject like us to death, but without knowing it; even most of them are more attentive than we to self-preservation, and do not make so bad a use of their passions. Man, as a physical bei

16、ng, is like other bodies governed by invariable laws. As an intelligent being, he incessantly transgresses the laws established by God, and changes those of his own instituting. He is left to his private direction, though a limited being, and subject, like all finite intelligences, to ignorance and

17、error: even his imperfect knowledge he loses; and as a sensible creature, he is hurried away by a thousand impetuous passions. Such a being might every instant forget his Creator; God has therefore reminded him of his duty by the laws of religion. Such a being is liable every moment to forget himsel

18、f; philosophy has provided against this by the laws of morality. Formed to live in society, he might forget his fellow-creatures; legislators have therefore by political and civil laws confined him to his duty.2. Of the Laws of Nature. Antecedent to the above-mentioned laws are those of nature, so c

19、alled, because they derive their force entirely from our frame and existence. In order to have a perfect knowledge of these laws, we must consider man before the establishment of society: the laws received in such a state would be those of nature.The law which, impressing on our minds the idea of a

20、Creator, inclines us towards Him, is the first in importance, though not in order, of natural laws. Man in a state of nature would have the faculty of knowing, before he had acquired any knowledge. Plain it is that his first ideas would not be of a speculative nature; he would think of the preservat

21、ion of his being, before he would investigate its origin. Such a man would feel nothing in himself at first but impotency and weakness; his fears and apprehensions would be excessive; as appears from instances (were there any necessity of proving it) of savages found in forests,2 trembling at the mo

22、tion of a leaf, and flying from every shadow. In this state every man, instead of being sensible of his equality, would fancy himself inferior. There would therefore be no danger of their attacking one another; peace would be the first law of nature.The natural impulse or desire which Hobbes attribu

23、tes to mankind of subduing one another is far from being well founded. The idea of empire and dominion is so complex, and depends on so many other notions, that it could never be the first which occurred to the human understanding.Hobbes3 inquires, For what reason go men armed, and have locks and ke

24、ys to fasten their doors, if they be not naturally in a state of war? But is it not obvious that he attributes to mankind before the establishment of society what can happen but in consequence of this establishment, which furnishes them with motives for hostile attacks and self-defence?Next to a sen

25、se of his weakness man would soon find that of his wants. Hence another law of nature would prompt him to seek for nourishment.Fear, I have observed, would induce men to shun one another; but the marks of this fear being reciprocal, would soon engage them to associate. Besides, this association woul

26、d quickly follow from. the very pleasure one animal feels at the approach of another of the same species. Again, the attraction arising from the difference of sexes would enhance this pleasure, and the natural inclination they have for each other would form a third law.Beside the sense or instinct w

27、hich man possesses in common with brutes, he has the advantage of acquired knowledge; and thence arises a second tie, which brutes have not. Mankind have therefore a new motive of uniting; and a fourth law of nature results from the desire of living in society.3. Of Positive Laws. As soon as man ent

28、ers into a state of society he loses the sense of his weakness; equality ceases, and then commences the state of war.Each particular society begins to feel its strength, whence arises a state of war between different nations. The individuals likewise of each society become sensible of their force; h

29、ence the principal advantages of this society they endeavour to convert to their own emolument, which constitutes a state of war between individuals.These two different kinds of states give rise to human laws. Considered as inhabitants of so great a planet, which necessarily contains a variety of na

30、tions, they have laws relating to their mutual intercourse, which is what we call the law of nations. As members of a society that must be properly supported, they have laws relating to the governors and the governed, and this we distinguish by the name of politic law. They have also another sort of

31、 law, as they stand in relation to each other; by which is understood the civil law. The law of nations is naturally founded on this principle, that different nations ought in time of peace to do one another all the good they can, and in time of war as little injury as possible, without prejudicing

32、their real interests.The object of war is victory; that of victory is conquest; and that of conquest preservation. From this and the preceding principle all those rules are derived which constitute the law of nations.All countries have a law of nations, not excepting the Iroquois themselves, though

33、they devour their prisoners: for they send and receive ambassadors, and understand the rights of war and peace. The mischief is that their law of nations is not founded on true principles.Besides the law of nations relating to all societies, there is a polity or civil constitution for each particula

34、rly considered. No society can subsist without a form of government. The united strength of individuals, as Gravina4 well observes, constitutes what we call the body politic.The general strength may be in the hands of a single person, or of many. Some think that nature having established paternal au

35、thority, the most natural government was that of a single person. But the example of paternal authority proves nothing. For if the power of a father relates to a single government, that of brothers after the death of a father, and that of cousins-german after the decease of brothers, refer to a gove

36、rnment of many. The political power necessarily comprehends the union of several families.Better is it to say, that the government most conformable to nature is that which best agrees with the humour and disposition of the people in whose favour it is established.The strength of individuals cannot b

37、e united without a conjunction of all their wills. The conjunction of those wills, as Gravina again very justly observes, is what we call the civil state.Law in general is human reason, inasmuch as it governs all the inhabitants of the earth: the political and civil laws of each nation ought to be o

38、nly the particular cases in which human reason is applied.They should be adapted in such a manner to the people for whom they are framed that it should be a great chance if those of one nation suit another.They should be in relation to the nature and principle of each government; whether they form i

39、t, as may be said of politic laws; or whether they support it, as in the case of civil institutions.They should be in relation to the climate of each country, to the quality of its soil, to its situation and extent, to the principal occupation of the natives, whether husbandmen, huntsmen, or shepher

40、ds: they should have relation to the degree of liberty which the constitution will bear; to the religion of the inhabitants, to their inclinations, riches, numbers, commerce, manners, and customs. In fine, they have relations to each other, as also to their origin, to the intent of the legislator, a

41、nd to the order of things on which they are established; in all of which different lights they ought to be considered. This is what I have undertaken to perform in the following work. These relations I shall examine, since all these together constitute what I call the Spirit of Laws. I have not sepa

42、rated the political from the civil institutions, as I do not pretend to treat of laws, but of their spirit; and as this spirit consists in the various relations which the laws may bear to different objects, it is not so much my business to follow the natural order of laws as that of these relations

43、and objects. I shall first examine the relations which laws bear to the nature and principle of each government; and as this principle has a strong influence on laws, I shall make it my study to understand it thoroughly: and if I can but once establish it, the laws will soon appear to flow thence as

44、 from their source. I shall proceed afterwards to other and more particular relations.-1. Law, says Plutarch, is the king of mortal and immortal beings. See his treatise, A Discourse to an Unlearned Prince.2. Witness the savage found in the forests of Hanover, who was carried over to England during the reign of George I.3. In pref., De cive.4. Italian poet and jurist, 1664-1718.-

展开阅读全文
温馨提示:
1: 本站所有资源如无特殊说明,都需要本地电脑安装OFFICE2007和PDF阅读器。图纸软件为CAD,CAXA,PROE,UG,SolidWorks等.压缩文件请下载最新的WinRAR软件解压。
2: 本站的文档不包含任何第三方提供的附件图纸等,如果需要附件,请联系上传者。文件的所有权益归上传用户所有。
3.本站RAR压缩包中若带图纸,网页内容里面会有图纸预览,若没有图纸预览就没有图纸。
4. 未经权益所有人同意不得将文件中的内容挪作商业或盈利用途。
5. 装配图网仅提供信息存储空间,仅对用户上传内容的表现方式做保护处理,对用户上传分享的文档内容本身不做任何修改或编辑,并不能对任何下载内容负责。
6. 下载文件中如有侵权或不适当内容,请与我们联系,我们立即纠正。
7. 本站不保证下载资源的准确性、安全性和完整性, 同时也不承担用户因使用这些下载资源对自己和他人造成任何形式的伤害或损失。
关于我们 - 网站声明 - 网站地图 - 资源地图 - 友情链接 - 网站客服 - 联系我们

copyright@ 2023-2025  zhuangpeitu.com 装配图网版权所有   联系电话:18123376007

备案号:ICP2024067431-1 川公网安备51140202000466号


本站为文档C2C交易模式,即用户上传的文档直接被用户下载,本站只是中间服务平台,本站所有文档下载所得的收益归上传人(含作者)所有。装配图网仅提供信息存储空间,仅对用户上传内容的表现方式做保护处理,对上载内容本身不做任何修改或编辑。若文档所含内容侵犯了您的版权或隐私,请立即通知装配图网,我们立即给予删除!