the origins of contemporary france-1-第83章
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proprietors to plead in their behalf; if they yield precedence in
public it is only through decorum。 Vainly do they proclaim it the
recognized sovereign; they grant it only a passing authority; and;
under its nominal control; they remain the inward masters。 These
masters of Man consists of physical temperament; bodily needs; animal
instinct; hereditary prejudice; imagination; generally the dominant
passion; and more particularly personal or family interest; also that
of caste or party。 We are making a big mistake were we assume men to
be naturally good; generous; pleasant; or at any rate gentle; pliable;
and ready to sacrifice themselves to social interests or to those of
others。 There are several; and among them the strongest; who; left to
themselves; would only wreak havoc。 … In the first place; if there is
no certainty of Man being a remote blood cousin of the monkey; it is
at least certain that; in his structure; he is an animal closely
related to the monkey; provided with canine teeth; carnivorous;
formerly cannibal and; therefore; a hunter and bellicose。 Hence there
is in him a steady substratum of brutality and ferocity; and of
violent and destructive instincts; to which must be added; if he is
French; gaiety; laughter; and a strange propensity to gambol and act
insanely in the havoc he makes; we shall see him at work。 … In the
second place; at the outset; his condition casts him naked and
destitute on an ungrateful soil; on which subsistence is difficult;
where; at the risk of death; he is obliged to save and to economize。
Hence a constant preoccupation and the rooted idea of acquiring;
accumulating; and possessing; rapacity and avarice; more particularly
in the class which; tied to the globe; fasts for sixty generations in
order to support other classes; and whose crooked fingers are always
outstretched to clutch the soil whose fruits they cause to grow;…we
shall see this class at work。 … Finally; his more delicate mental
organization makes of him from the earliest days an imaginative being
in which swarming fancies develop themselves into monstrous chimeras
to expand his hopes; fears and desires beyond all bounds。 Hence an
excess of sensibility; sudden outbursts of emotion; contagious
agitation; irresistible currents of passion; epidemics of credulity
and suspicion; in short; enthusiasm and panic; especially if he is
French; that is to say; excitable and communicative; easily thrown off
his balance and prompt to accept foreign impulsion; deprived of the
natural ballast which a phlegmatic temperament and concentration of
lonely meditations secure to his German and Latin neighbors; and all
this we shall see at work。 … These constitute some of the brute
forces that control human life。 In ordinary times we pay no attention
to them; being subordinated they do not seem to us formidable。 We take
it for granted that they are allayed and pacified ; we flatter
ourselves that the discipline imposed on them has made them natural;
and that by dint of flowing between dikes they are settled down into
their accustomed beds。 The truth is that; like all brute forces; like
a stream or a torrent; they only remain in these under constraint; it
is the dike which; through its resistance; produces this moderation。
Another force equal to their force had to be installed against their
outbreaks and devastation; graduated according to their scale; all the
firmer as they are more menacing; despotic if need be against their
despotism; in any event constraining and repressive; at the outset a
tribal chief; later an army general; all modes consisting in an
elective or hereditary man…at…arms; possessing vigilant eyes and
vigorous arms; and who; with blows; excites fear and; through fear;
maintains order。 In the regulation and limitation of his blows divers
instrumentalities are employed; a pre…established constitution; a
division of powers; a code of laws; tribunals; and legal formalities。
At the bottom of all these wheels ever appears the principal lever;
the efficacious instrument; namely; the policeman armed against the
savage; brigand and madman each of us harbors; in repose or manacled;
but always living; in the recesses of his own breast。'16'
On the contrary; in the new theory; every principle promulgated;
every precaution taken; every suspicion awaked is aimed against the
policeman。 In the name of the sovereignty of the people all authority
is withdrawn from the government; every prerogative; every initiative;
its continuance and its force。 The people; being sovereign the
government is simply its clerk; and less than its clerk; merely its
domestic。 … Between them 〃no contract〃 indefinite or at least
enduring; 〃and which may be canceled only by mutual consent or the
unfaithfulness of one of the two parties。 It is against the nature of
a political body for the sovereign to impose a law on himself which he
cannot set aside。〃 … There is no sacred and inviolable charter
〃binding a people to the forms of an established constitution。 The
right to change these is the first guarantee of all rights。 There is
not; and never can be; any fundamental; obligatory law for the entire
body of a people; not even the social contract。〃 … It is through
usurpation and deception that a prince; an assembly; and a body of
magistrates declare themselves representatives of the people。
〃Sovereignty is not to be represented for the same reason that it is
not to be ceded。 。 。 。 The moment a people gives itself
representatives it is no longer free; it exists no more。 。 。 The
English people think themselves free but they deceive themselves; they
are free only during an election of members of parliament; on the
election of these they become slaves and are null。 。 。 the deputies of
the people are not; nor can they be; its representatives; they are
simply its commissioners and can sign no binding final agreement。
Every law not ratified by the people themselves is null and is no
law。〃'17' 〃A body of laws sanctioned by an assembly of the people
through a fixed constitution of the State does not suffice; other
fixed and periodical assemblies are necessary which cannot be
abolished or extended; so arranged that on a given day the people may
be legitimately convoked by the law; no other formal conviction being
requisite。 。 。 The moment the people are thus assembled the
jurisdiction of the government is to cease; and the executive power is
to be suspended;〃 society commencing anew; while citizens; restored to
their primitive independence; may reconstitute at will; for any period
they determine; the provisional contract to which they have assented
only for a determined time。 〃The opening of these assemblies; whose
sole object is to maintain the social compact; should always take
place with two propositions; never suppressed; and which are to be
voted on separately; the first one; whether the sovereign( people) is
willing to maintain the actual form of the government; the second;
whether the people are willing to leave its administration in the
hands of those actually performing its duties。〃 … Thus; 〃the act by
which a people is subject to its chiefs is absolutely only a
commission; a service in which; as simple officers of their sovereign;
they exercise in his name the power of which he has made them
depositories; and which he may modify; limit and resume at
pleasure。〃'18' Not only does it always reserve to itself 〃the
legislative power which belongs to it and which can belong only to
it;〃 but again; it delegates and withdraws the executive power
according to its fancy。 Those who exercise it are its employees。 〃 It
may establish and depose them when it pleases。〃 In relation to it they
have no rights。 〃It is not a matter of contract with them but one of
obedience;〃 they have 〃no conditions〃 to prescribe; they cannot demand
of it the fulfillment of any engagement。 … It is useless to raise the
objec