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the spirit of laws-第62章

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14。 Other Effects of the Climate。 Our ancestors; the ancient Germans; lived in a climate where the passions were extremely calm。 Their laws decided only in such cases where the injury was visible to the eye; and went no further。 And as they judged of the outrages done to men from the greatness of the wound; they acted with no other delicacy in respect to the injuries done to women。 The law of the Alemans'25' on this subject is very extraordinary。 If a person uncovers a woman's head; he pays a fine of fifty sous; if he uncovers her leg up to the knee; he pays the same; and double from the knee upwards。 One would think that the law measured the insults offered to women as we measure a figure in geometry; it did not punish the crime of the imagination; but that of the eye。 But upon the migration of a German nation into Spain; the climate soon found a necessity for different laws。 The law of the Visigoths inhibited the surgeons to bleed a free woman; except either her father; mother; brother; son; or uncle was present。 As the imagination of the people grew warm; so did that of the legislators; the law suspected everything when the people had become suspicious。

These laws had; therefore; a particular regard for the two sexes。 But in their punishments they seem rather to humour the revengeful temper of private persons than to administer public justice。 Thus; in most cases; they reduced both the criminals to be slaves to the offended relatives or to the injured husband; a free…born woman'26' who had yielded to the embraces of a married man was delivered up to his wife to dispose of her as she pleased。 They obliged the slaves;'27' if they found their master's wife in adultery; to bind her and carry her to her husband; they even permitted her children'28' to be her accusers; and her slaves to be tortured in order to convict her。 Thus their laws were far better adapted to refine; even to excess; a certain point of honour than to form a good civil administration。 We must not; therefore; be surprised if Count Julian was of opinion that an affront of that kind ought to be expiated by the ruin of his king and country: we must not be surprised if the Moors; with such a conformity of manners; found it so easy to settle and to maintain themselves in Spain; and to retard the fall of their empire。

15。 Of the different Confidence which the Laws have in the People; according to the Difference of Climates。 The people of Japan are of so stubborn and perverse a temper that neither their legislators nor magistrates can put any confidence in them: they set nothing before their eyes but judgments; menaces; and chastisements; every step they take is subject to the inquisition of the civil magistrate。 Those laws which out of five heads of families establish one as a magistrate over the other four; those laws which punish a family or a whole ward for a single crime; those laws; in fine; which find nobody innocent where one may happen to be guilty; are made with a design to implant in the people a mutual distrust; and to make every man the inspector; witness; and judge of his neighbour's conduct。

On the contrary; the people of India are mild;'29' tender; and compassionate。 Hence their legislators repose great confidence in them。 They have established'30' very few punishments; these are not severe; nor are they rigorously executed。 They have subjected nephews to their uncles; and orphans to their guardians; as in other countries they are subjected to their fathers; they have regulated the succession by the acknowledged merit of the successor。 They seem to think that every individual ought to place entire confidence in the good nature of his fellow…subjects。'31'

They enfranchise their slaves without difficulty; they marry them; they treat them as their children。'32' Happy climate which gives birth to innocence; and produces a lenity in the laws!

______

1。 This appears even in the countenance: in cold weather people look thinner。

2。 We know that it shortens iron。

3。 Those for the succession to the Spanish monarchy。

4。 For instance; in Spain。

5。 〃One hundred European soldiers;〃 says Tavernier; 〃would without any great difficulty beat a thousand Indian soldiers。〃

6。 Even the Persians who settle in the Indies contract in the third generation the indolence and cowardice of the Indians。 See Bernier on the Mogul; i; p。 182。

7。 We find by a fragment of Nicolaus Damascenus; collected by Constantine Porphyrogenitus; that it was an ancient custom in the East to send to strangle a governor who had given any displeasure; it was in the time of the Medes。

8。 Panamanack: See Kircher。

9。 La Loubere; Account of the Kingdom of Siam; p。 446。

10。 Foe endeavoured to reduce the heart to a mere vacuum: 〃We have eyes and ears; but perfection consists in neither seeing nor hearing; a mouth; hands; &c。; but perfection requires that these members should be inactive。〃 This is taken from the dialogue of a Chinese philosopher; quoted by Father Du Halde; iii。

11。 Father Du Halde; History of China; i; p。 72。

12。 Several of the kings of India do the same。 La Loubere; Account of the Kingdom of Siam; p。 69。

13。 Venty; the third emperor of the third dynasty; tilled the lands himself; and made the empress and his wives employ their time in the silkworks in his palace。 History of China。

14。 Hyde; Religion of the Persians。

15。 Monsieur Bernier; travelling from Lahore to Cashmere; wrote thus: 〃My body is a sieve; scarcely have I swallowed a pint of water; but I see it transude like dew out of all my limbs; even to my fingers' ends。 I drink ten pints a day; and it does me no manner of harm。〃  Bernier; Travels; ii; p。 261。

16。 In the blood there are red globules; fibrous parts; white globules; and water; in which the whole swims。

17。 Plato; Laws; ii; Aristotle; Of the Care of Domestic Affairs; Eusebius; Evangelical Preparation; xii。 17。

18。 This is seen in the Hottentots; and the inhabitants of the most southern part of Chili。

19。 As Pittacus did; according to Aristotle; Politics; ii。 12。 He lived in a climate where drunkenness is not a national vice。

20。 Book ii。

21。 Book ii。 tit。 1; § 3; tit。 18; § 1。

22。 Ricaut; State of the Ottoman Empire; p。 284。

23。 It may be complicated with the scurvy; which; in some countries especially; renders a man whimsical and unsupportable to himself。 See Pirard; Voyages; part II; 21。

24。 Here I take this word for the design of subverting the established power; and especially that of democracy; this is the signification in which it was understood by the Greeks and Romans。

25。 Chapter 58; §§ 1; 2。

26。 Law of the Visigoths; iii; tit。 4; § 9。

27。 Ibid。; § 6。

28。 Ibid。; § 13。

29。 See Bernier; ii; p。 140。

30。 See in the Edifying Letters; coll。 xiv; p。 403; the principal laws or customs of the inhabitants of the peninsula on this side the Ganges。

31。 See Edifying Letters; coll; ix; p。 378。

32。 I had once thought that the lenity of slavery in India had made Diodorus say that there was neither master nor slave in that country; but Diodorus has attributed to the whole continent of India what; according to Strabo; xv; belonged only to a particular nation。




Book XV。 In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate

1。 Of civil Slavery。 Slavery; properly so called; is the establishment of a right which gives to one man such a power over another as renders him absolute master of his life and fortune。 The state of slavery is in its own nature bad。 It is neither useful to the master nor to the slave; not to the slave; because he can do nothing through a motive of virtue; nor to the master; because by having an unlimited authority over his slaves he insensibly accustoms himself to the want of all moral virtues; and thence becomes fierce; hasty; severe; choleric; voluptuous; and cruel。

In despotic countries; where they are already in a state of political servitude; civil slavery is more tolerable than in other governments。 Every one ought to be satisfied in those countries with necessaries and life。 Hence the condition of a slave is hardly more burdensome than that of a subject。

But in a monarchical government; where it is of the utmost importance that human nature should not be debased or dispirited; there ought to be no slavery。 In democracies; where they are all upon equality; and in aristocracies; where the laws ought to use their utmost endeavours to procure as great an equality as the nature of the government will permit; slavery is contrary to the spirit of the constitution: it only contributes to give a power and luxury to the citizens which they ought not to have。

2。 Origin of the Right of Slavery among the Roman Civilians。 One would never have imagined that slavery should owe its birth to pity; and that this should have been excited in three different ways。'1'

The law of nations to prevent prisoners from being put to death has allowed them to be made slaves。 The civil law of the Romans empowered debtors; who were subject to be ill…used by their creditors; to sell themselves。 And the law of nature requires that children whom a father in a state of servitude is no longer able to maintain should be reduced to the same state 
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