友情提示:如果本网页打开太慢或显示不完整,请尝试鼠标右键“刷新”本网页!阅读过程发现任何错误请告诉我们,谢谢!! 报告错误
九色书籍 返回本书目录 我的书架 我的书签 TXT全本下载 进入书吧 加入书签

the spirit of laws-第78章

按键盘上方向键 ← 或 → 可快速上下翻页,按键盘上的 Enter 键可回到本书目录页,按键盘上方向键 ↑ 可回到本页顶部!
————未阅读完?加入书签已便下次继续阅读!



life; when they found the means of making them strictly observed; China was well governed。

Two things have contributed to the ease with which these rites are engraved on the hearts and minds of the Chinese; one; the difficulty of writing; which during the greatest part of their lives wholly employs their attention;'19' because it is necessary to prepare them to read and understand the books in which they are comprised; the other; that the ritual precepts having nothing in them that is spiritual; but being merely rules of common practice; are more adapted to convince and strike the mind than things merely intellectual。

Those princes who; instead of ruling by these rites; governed by the force of punishments; wanted to accomplish that by punishments which it is not in their power to produce; that is; to give habits of morality。 By punishments; a subject is very justly cut off from society; who; having lost the purity of his manners; violates the laws; but if all the world were to lose their moral habits; would these reestablish them? Punishments may be justly inflicted to put a stop to many of the consequences of the general evil; but they will not remove the evil itself。 Thus when the principles of the Chinese government were discarded; and morality was banished; the state fell into anarchy; and revolutions succeeded。

18。 A Consequence drawn from the preceding Chapter。 Hence it follows that the laws of China are not destroyed by conquest。 Their customs; manners; laws; and religion being the same thing; they cannot change all these at once; and as it will happen that either the conqueror or the conquered must change; in China it has always been the conqueror。 For the manners of the conquering nation not being their customs; nor their customs their laws; nor their laws their religion; it has been more easy for them to conform by degrees to the vanquished people than the latter to them。

There still follows hence a very unhappy consequence; which is that it is almost impossible for Christianity ever to be established in China。'20' The vows of virginity; the assembling of women in churches; their necessary communication with the ministers of religion; their participation in the sacraments; auricular confession; extreme unction; the marriage of only one wife  all these overturn the manners and customs of the country; and with the same blow strike at their religion and laws。

The Christian religion; by the establishment of charity; by a public worship; by a participation of the same sacraments; seems to demand that all should be united; while the rites of China seem to ordain that all should be separated。

And as we have seen that this separation'21' depends; in general; on the spirit of despotism; this will show us the reason why monarchies; and indeed all moderate governments; are more consistent with the Christian religion。'22'

19。 How this Union of Religion; Laws; Manners; and Customs among the Chinese was effected。 The principal object of government which the Chinese legislators had in view was the peace and tranquillity of the empire; and subordination appeared to them as the most proper means to maintain it。 Filled with this idea; they believed it their duty to inspire a respect for parents; and therefore exerted all their power to effect it。 They established an infinite number of rites and ceremonies to do them honour when living; and after their death。 It was impossible for them to pay such honours to deceased parents without being led to reverence the living。 The ceremonies at the death of a father were more nearly related to religion; those for a living parent had a greater relation to the laws; manners; and customs: however; these were only parts of the same code; but this code was very extensive。

A veneration for their parents was necessarily connected with a suitable respect for all who represented them; such as old men; masters; magistrates; and the sovereign。 This respect for parents supposed a return of love towards children; and consequently the same return from old men to the young; from magistrates to those who were under their jurisdiction; and from the emperor to his subjects。 This formed the rites; and these rites the general spirit of the nation。

We shall now show the relation which things in appearance the most indifferent may bear to the fundamental constitution of China。 This empire is formed on the plan of a government of a family。 If you diminish the paternal authority; or even if you retrench the ceremonies which express your respect for it; you weaken the reverence due to magistrates; who are considered as fathers; nor would the magistrates have the same care of the people; whom they ought to look upon as their children; and that tender relation which subsists between the prince and his subjects would insensibly be lost。 Retrench but one of these habits and you overturn the state。 It is a thing in itself very indifferent whether the daughter…in…law rises every morning to pay such and such duties to her mother…in…law; but if we consider that these exterior habits incessantly revive an idea necessary to be imprinted on all minds  an idea that forms the ruling spirit of the empire  we shall see that it is necessary that such or such a particular action be performed。

20。 Explanation of a Paradox relating to the Chinese。 It is very remarkable that the Chinese; whose lives are guided by rites; are nevertheless the greatest cheats upon earth。 This appears chiefly in their trade; which; in spite of its natural tendency; has never been able to make them honest。 He who buys of them ought to carry with him his own weights;'23' every merchant having three sorts; the one heavy for buying; another light for selling; and another of the true standard for those who are upon their guard。 It is possible; I believe; to explain this contradiction。

The legislators of China had two objects in view: they were desirous that the people should be submissive and peaceful; and that they should also be laborious and industrious。 By the nature of the soil and climate; their subsistence is very precarious; nor can it be in any other way secured than by industry and labour。

When every one obeys; and every one is employed; the state is in a happy situation。 It is necessity; and perhaps the nature of the climate; that has given to the Chinese an inconceivable greediness for gain; and laws have never been made to restrain it。 Everything has been forbidden when acquired by acts of violence; everything permitted when obtained by artifice or labour。 Let us not then compare the morals of China with those of Europe。 Every one in China is obliged to be attentive to what will be for his advantage; if the cheat has been watchful over his own interest; he who is the dupe ought to be attentive to his。 At Sparta they were permitted to steal; in China they are suffered to deceive。

21。 How the Laws ought to have a Relation to Manners and Customs。 It is only singular institutions which thus confound laws; manners; and customs  things naturally distinct and separate; but though they are in themselves different; there is nevertheless a great relation between them。

Solon being asked if the laws he had given to the Athenians were the best; he replied; 〃I have given them the best they were able to bear〃'24'  a fine expression; that ought to be perfectly understood by all legislators! When Divine Wisdom said to the Jews; 〃I have given you precepts which are not good;〃 this signified that they had only a relative goodness; which is the sponge that wipes out all the difficulties in the law of Moses。

22。 The same Subject continued。 When a people have pure and regular manners; their laws become simple and natural。 Plato'25' says that Rhadamanthus; who governed a nation extremely religious; finished every process with extraordinary despatch; administering only the oath on each accusation。 〃But;〃 says the same Plato;'26' 〃when a people are not religious we should never have recourse to an oath; except he who swears is entirely disinterested; as in the case of a judge and a witness。〃

23。 How the Laws are founded on the Manners of a People。 At the time when the manners of the Romans were pure; they had no particular law against the embezzlement of the public money。 When this crime began to appear; it was thought so infamous; that to be condemned to restore'27' what they had taken was considered as a sufficient disgrace: for a proof of this; see the sentence of L。 Scipio。'28'

24。 The same Subject continued。 The laws which gave the right of tutelage to the mother were most attentive to the preservation of the infant's person; those which granted it to the next heir were most attentive to the preservation of the state。 When the manners of a people are corrupted; it is much better to give the tutelage to the mother。 Among those whose laws confide in the manners of the subjects; the guardianship is granted either to the next heir or to the mother; and sometimes to both。

If we reflect on the Roman laws; we shall find that the spirit of these was conformable to what I have advanced。 At the time when the laws of the Twelve Tables were made; the manners of the Romans were most admirable。 The guardianship was given to the nearest relativ
返回目录 上一页 下一页 回到顶部 0 0
未阅读完?加入书签已便下次继续阅读!
温馨提示: 温看小说的同时发表评论,说出自己的看法和其它小伙伴们分享也不错哦!发表书评还可以获得积分和经验奖励,认真写原创书评 被采纳为精评可以获得大量金币、积分和经验奖励哦!