the spirit of laws-第77节
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and have never yet repented it。 But this admirable quality； joined to their indolence； forms a mixture whence such effects result as to them are most pernicious。 The rest of the European nations carry on in their very sight all the commerce of their monarchy。
The character of the Chinese is formed of another mixture； directly opposite to that of the Spaniards； the precariousness of their subsistence＇13＇ inspires them with a prodigious activity； and such an excessive desire of gain； that no trading nation can confide in them。＇14＇ This acknowledged infidelity has secured them the possession of the trade to Japan。 No European merchant has ever dared to undertake it in their name； how easy soever it might be for them to do it from their maritime provinces in the north。
11。 A Reflection。 I have said nothing here with a view to lessen that infinite distance which must ever be between virtue and vice。 God forbid that I should be guilty of such an attempt！ I would only make my readers comprehend that all political are not all moral vices； and that all moral are not political vices； and that those who make laws which shock the general spirit of a nation ought not to be ignorant of this。
12。 Of Customs and Manners in a despotic State。 It is a capital maxim that the manners and customs of a despotic empire ought never to be changed； for nothing would more speedily produce a revolution。 The reason is that in these states there are no laws； that is； none that can be properly called so； there are only manners and customs； and if you overturn these you overturn all。
Laws are established； manners are inspired； these proceed from a general spirit； those from a particular institution： now it is as dangerous； nay more so； to subvert the general spirit as to change a particular institution。
There is less communication in a country where each； either as superior or inferior； exercises or is oppressed by arbitrary power； than there is in those where liberty reigns in every station。 They do not； therefore； so often change their manners and behaviour。 Fixed and established customs have a near resemblance to laws。 Thus it is here necessary that a prince or a legislator should less oppose the manners and customs of the people than in any other country upon earth。
Their women are commonly confined； and have no influence in society。 In other countries； where they have intercourse with men； their desire of pleasing； and the desire men also have of giving them pleasure； produce a continual change of customs。 The two sexes spoil each other； they both lose their distinctive and essential quality； what was naturally fixed becomes quite unsettled； and their customs and behaviour alter every day。
13。 Of the Behaviour of the Chinese。 But China is the place where the customs of the country can never be changed。 Besides their women being absolutely separated from the men； their customs； like their morals； are taught in the schools。 A man of letters may be known by his easy address。＇15＇ These things being once taught by precept； and inculcated by grave doctors； become fixed； like the principles of morality； and are never changed。
14。 What are the natural Means of changing the Manners and Customs of a Nation。 We have said that the laws were the particular and precise institutions of a legislator； and manners and customs the institutions of a nation in general。 Hence it follows that when these manners and customs are to be changed； it ought not to be done by laws； this would have too much the air of tyranny： it would be better to change them by introducing other manners and other customs。
Thus when a prince would make great alterations in his kingdom； he should reform by law what is established by law； and change by custom what is settled by custom； for it is very bad policy to change by law what ought to be changed by custom。
The law which obliged the Muscovites to cut off their beards and to shorten their clothes； and the rigour with which Peter I made them crop； even to their knees； the long cloaks of those who entered into the cities； were instances of tyranny。 There are means that may be made use of to prevent crimes； these are punishments： there are those for changing our customs； these are examples。
The facility and ease with which that nation has been polished plainly shows that this prince had a worse opinion of his people than they deserved； and that they were not brutes； though he was pleased to call them so。 The violent measures which he employed were needless； he would have attained his end as well by milder methods。
He himself experienced the facility of bringing about these alterations。 The women were shut up； and in some measure slaves； he called them to court； he sent them silks and fine stuffs； and made them dress like the German ladies。 This sex immediately relished a manner of life which so greatly flattered their taste； their vanity； and their passions； and by their means it was relished by the men。
What rendered the change the more easy was that their manners at that time were foreign to the climate； and had been introduced among them by conquest and by a mixture of nations。 Peter I； in giving the manners and customs of Europe to a European nation； found a facility which he did not himself expect。 The empire of the climate is the first； the most powerful； of all empires。 He had then no occasion for laws to change the manners and customs of his country； it would have been sufficient to have introduced other manners and other customs。
Nations are in general very tenacious of their customs； to take them away by violence is to render them unhappy： we should not therefore change them； but engage the people to make the change themselves。
All punishment which is not derived from necessity is tyrannical。 The law is not a mere act of power； things in their own nature indifferent are not within its province。
15。 The Influence of domestic Government on the political。 This alteration in the manners of women will doubtless have a great influence on the government of Muscovy。 One naturally follows the other： the despotic power of the prince is connected with the servitude of women； the liberty of women with the spirit of monarchy。
16。 How some Legislators have confounded the Principles which govern Mankind。 Manners and customs are those habits which are not established by legislators； either because they were not able or were not willing to establish them。
There is this difference between laws and manners； that the laws are most adapted to regulate the actions of the subject； and manners to regulate the actions of the man。 There is this difference between manners and customs； that the former principally relate to the interior conduct； the latter to the exterior。
These things have been sometimes confounded。＇16＇ Lycurgus made the same code for the laws； manners； and customs； and the legislators of China have done the same。
We ought not to be surprised that the legislators of China and Sparta should confound the laws； manners； and customs； the reason is； their manners represent their laws； and their customs their manners。
The principal object which the legislators of China had in view was to make their subjects live in peace and tranquillity。 They would have people filled with a veneration for one another； that each should be every moment sensible of his dependence on society； and of the obligations he owed to his fellow…citizens。 They therefore gave rules of the most extensive civility。
Thus the inhabitants of the villages of China＇17＇ practise amongst themselves the same ceremonies as those observed by persons of an exalted station； a very proper method of inspiring mild and gentle dispositions； of maintaining peace and good order； and of banishing all the vices which spring from an asperity of temper。 In effect； would not the freeing them from the rules of civility be to search out a method for them to indulge their own humours？
Civility is in this respect of more value than politeness。 Politeness flatters the vices of others； and civility prevents ours from being brought to light。 It is a barrier which men have placed within themselves to prevent the corruption of each other。
Lycurgus； whose institutions were severe； had no regard to civility； in forming the external behaviour he had a view to that warlike spirit with which he would fain inspire his people。 A people who were in a continual state of discipline and instruction； and who were endued with equal simplicity and rigour； atoned by their virtues for their want of complaisance。
17。 Of the peculiar Quality of the Chinese Government。 The legislators of China went further。＇18＇ They confounded their religion； laws； manners； and customs； all these were morality； all these were virtue。 The precepts relating to these four points were what they called rites； and it was in the exact observance of these that the Chinese government triumphed。 They spent their whole youth in learning them； their whole life in the practice。 They were taught by their men of letters； they were inculcated by the magistrates； and as they included all the ordinary actions of life； when they found the means of making them strictly observed； China was well governed。
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