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第48章

the origins of contemporary france-2-第48章

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men who are so different from each other are far from being

independent; or from contracting together for the first time。  They

and their ancestors for eight hundred years form a national body;

and it is because they belong to this body that they live; multiply;

labor; make acquisitions; become enlightened and civilized; and

accumulate the vast heritage of comforts and intelligence which they

now enjoy。  Each in this community is like the cell of an organized

body; undoubtedly the body is only an accumulation of cells; but the

cell is born; subsists; develops and attains its individual ends

only be the healthy condition of the whole body。  Its chief

interest; accordingly; is the prosperity of the whole organism; and

the fundamental requirement of all the little fragmentary lives;

whether they know it or not; is the conservation of the great total

life in which they are comprised as musical notes in a concert。  

Not only is this a necessity for them; but it is also a duty。  We

are all born with a debt to our country; and this debt increases

while we grow up; it is with the assistance of our country; under

the protection of the law; upheld by the authorities; that our

ancestors and parents have given us life; property; and education。


Each person's faculties; ideas; attitudes; his or her entire moral

and physical being are the products to which the community has

contributed; directly or indirectly; at least as tutor and guardian。

By virtue of this the state is his creditor; just as a destitute

father is of his able…bodied son; it can lay claim to nourishment;

services; and; in all the force or resources of which he disposes;

it deservedly demands a share。   This he knows and feels; the

notion of country is deeply implanted within him; and when occasion

calls for it; it will show itself in ardent emotions; fueling steady

sacrifice and heroic effort。   Such are veritable Frenchmen; and

we at once see how different they are from the simple;

indistinguishable; detached monads which the philosophers insist on

substituting for them。  Their association need not be created; for

it already exists; for eight centuries they have a 〃common weal 〃

(la chose publique)。  The safety and prosperity of this common weal

is at once their interest; their need; their duty; and even their

most secret wish。  If it is possible to speak here of a contract;

their quasi…contract is made and settled for them beforehand。  The

first article; at all events; is stipulated for; and this overrides

all the others。  The nation must not be dissolved。  Public

authorities must; accordingly; exist; and these must be respected。

If there are a number of these; they must be so defined and so

balanced as to be of mutual assistance; instead of neutralizing each

other by their opposition。  Whatever government is adopted; it must

place matters in the hands best qualified to conduct them。  The law

must not exist for the advantage of the minority; nor for that of

the majority; but for the entire community。    In regard to this

first article no one must derogate from it; neither the minority nor

the majority; neither the Assembly elected by the nation; nor the

nation itself; even if unanimous。  It has no right arbitrarily to

dispose of the common weal; to put it in peril according to its

caprice; to subordinate it to the application of a theory or to the

interest of a single class; even if this class is the most numerous。

For; that which is the common weal does not belong to it; but to the

whole community; past; present; and to come。  Each generation is

simply the temporary manager and responsible trustee of a precious

and glorious patrimony which it has received from the former

generation; and which it has to transmit to the one that comes after

it。  In this perpetual endowment; to which all Frenchmen from the

first days of France have brought their offerings; there is no doubt

about the intentions of countless benefactors; they have made their

gifts conditionally; that is; on the condition that the endowment

should remain intact; and that each successive beneficiary should

merely serve as the administrator of it。  Should any of the

beneficiaries; through presumption or levity; through rashness or

one…sidedness; compromise the charge entrusted to them; they wrong

all their predecessors whose sacrifices they invalidate; and all

their successors whose hopes they frustrate。  Accordingly; before

undertaking to frame a constitution; let the whole community be

considered in its entirety; not merely in the present but in the

future; as far as the eye can reach。  The interest of the public;

viewed in this far…sighted manner; is the end to which all the rest

must be subordinate; and for which a constitution provides。  A

constitution; whether oligarchic; monarchist; or aristocratic; is

simply an instrument; good if it attains this end; and bad if it

does not attain it; and which; to attain it; must; like every

species of mechanism; vary according to the ground; materials; and

circumstances。  The most ingenious is illegitimate if it dissolves

the State; while the clumsiest is legitimate if it keeps the State

intact。  There is none that springs out of an anterior; universal;

and absolute right。  According to the people; the epoch; and the

degree of civilization; according to the outer or inner condition of

things; all civil or political equality or inequality may; in turn;

be or cease to be beneficial or hurtful; and therefore justify the

legislator in removing or preserving it。  It is according to this

superior and salutary law; and not according to an imaginary and

impossible contract; that he is to organize; limit; delegate and

distribute from the center to the extremities; through inheritance

or through election; through equalization or through privilege; the

rights of the citizen and the power of the community。





III。



The estates of a society。  … Political aptitude of the aristocracy。

… Its disposition in 1789。  … Special services which it might have

rendered。  … The principle of the Assembly as to original equality。

… Rejection of an Upper Chamber。  … The feudal rights of the

aristocracy。  … How far and why they were worthy of respect。  … How

they should have been transformed。  … Principle of the Assembly as

to original liberty。  … Distinction established by it in feudal

dues; application of its principle。  … The lacunae of its law。  …

Difficulties of redemption。  … Actual abolition of all feudal liens。

… Abolition of titles and territorial names。  … Growing prejudice

against the aristocracy。  … Its persecutions。  … The emigration。  …



Was it necessary to begin by making a clean sweep; and was it

advisable to abolish or only to reform the various orders and

corporations?  Two prominent orders; the clergy and the nobles;

enlarged by the ennobled plebeians who had grown wealthy and

acquired titled estates; formed a privileged aristocracy side by

side with the Government; whose favors it might receive on the

condition of seeking them assiduously and with due acknowledgment;

privileged on its own domains; and taking advantage there of all

rights belonging to the feudal chieftain without performing his

duties。  This abuse was evidently an enormous one and had to be

ended。  But; it did not follow that; because the position of the

privileged class on their domains and in connection with the

Government was open to abuse; they should be deprived of protection

for person and property on their domains; and of influence and

occupation under the Government。   A favored aristocracy; when it

is unoccupied and renders none of the services which its rank admits

of; when it monopolizes all honors; offices; promotions;

preferences; and pensions;'12' to the detriment of others not less

needy and deserving; is undoubtedly a serious evil。  But when an

aristocracy is subject to the common law; when it is occupied;

especially when its occupati

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