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the spirit of laws-第142章

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8。 Of the Connection between the moral Laws and those of Religion。 In a country so unfortunate as to have a religion that God has not revealed; it is necessary for it to be agreeable to morality; because even a false religion is the best security we can have of the probity of men。

The principal points of religion of the inhabitants of Pegu'5' are; not to commit murder; not to steal; to avoid uncleanliness; not to give the least uneasiness to their neighbour; but to do him; on the contrary; all the good in their power。 With these rules they think they should be saved in any religion whatsoever。 Hence it proceeds that those people; though poor and proud; behave with gentleness and compassion to the unhappy。

9。 Of the Essenes。 The Essenes'6' made a vow to observe justice to mankind; to do no ill to any person; upon whatsoever account; to keep faith with all the world; to hate injustice; to command with modesty; always to side with truth; and to fly from all unlawful gain。

10。 Of the Sect of Stoics。 The several sects of philosophy among the ancients were a species of religion。 Never were any principles more worthy of human nature; and more proper to form the good man; than those of the Stoics; and if I could for a moment cease to think that I am a Christian; I should not be able to hinder myself from ranking the destruction of the sect of Zeno among the misfortunes that have befallen the human race。

It carried to excess only those things in which there is true greatness  the contempt of pleasure and of pain。

It was this sect alone that made citizens; this alone that made great men; this alone great emperors。

Laying aside for a moment revealed truths; let us search through all nature; and we shall not find a nobler object than the Antoninuses; even Julian himself  Julian (a commendation thus wrested from me will not render me an accomplice of his apostasy)  no; there has not been a prince since his reign more worthy to govern mankind。

While the Stoics looked upon riches; human grandeur; grief; disquietudes; and pleasures as vanity; they were entirely employed in labouring for the happiness of mankind; and in exercising the duties of society。 It seems as if they regarded that sacred spirit; which they believed to dwell within them; as a kind of favourable providence watchful over the human race。

Born for society; they all believed that it was their destiny to labour for it; with so much the less fatigue; their rewards were all within themselves。 Happy by their philosophy alone; it seemed as if only the happiness of others could increase theirs。

11。 Of Contemplation。 Men being made to preserve; to nourish; to clothe themselves; and do all the actions of society; religion ought not to give them too contemplative a life。'7'

The Mahometans become speculative by habit; they pray five times a day; and each time they are obliged to cast behind them everything which has any concern with this world: this forms them for speculation。 Add to this that indifference for all things which is inspired by the doctrine of unalterable fate。

If other causes besides these concur to disengage their affections; for instance; if the severity of the government; if the laws concerning the property of land; give them a precarious spirit  all is lost。

The religion of the Gaurs formerly rendered Persia a flourishing kingdom; it corrected the bad effects of despotic power。 The same empire is now destroyed by the Mahometan religion。

12。 Of Penances。 Penances ought to be joined with the idea of labour; not with that of idleness; with the idea of good; not with that of supereminence; with the idea of frugality; not with that of avarice。

13。 Of inexpiable Crimes。 It appears from a。 passage of the books of the pontiffs; quoted by Cicero;'8' that they had among the Romans inexpiable crimes:'9' and it is on this that Zozymus founds the narration so proper to blacken the motives of Constantine's conversion; and Julian; that bitter raillery on this conversion in his C?sars。

The Pagan religion indeed; which prohibited only some of the grosser crimes; and which stopped the hand but meddled not with the heart; might have crimes that were inexpiable; but a religion which bridles all the passions; which is not more jealous of actions than of thoughts and desires; which holds us not by a few chains but by an infinite number of threads; which; leaving human justice aside; establishes another kind of justice; which is so ordered as to lead us continually from repentance to love; and from love to repentance; which puts between the judge and the criminal a greater mediator; between the just and the mediator a great judge  a religion like this ought not to have inexpiable crimes。 But while it gives fear and hope to all; it makes us sufficiently sensible that though there is no crime in its own nature inexpiable; yet a whole criminal life may be so; that it is extremely dangerous to affront mercy by new crimes and new expiations; that an uneasiness on account of ancient debts; from which we are never entirely free; ought to make us afraid of contracting new ones; of filling up the measure; and going even to that point where paternal goodness is limited。

14。 In what Manner Religion has an Influence on Civil Laws。 As both religion and the civil laws ought to have a peculiar tendency to render men good citizens; it is evident that when one of these deviates from this end; the tendency of the other ought to be strengthened。 The less severity there is in religion; the more there ought to be in the civil laws。

Thus the reigning religion of Japan having few doctrines; and proposing neither future rewards nor punishments; the laws to supply these defects have been made with the spirit of severity; and are executed with an extraordinary punctuality。

When the doctrine of necessity is established by religion; the penalties of the laws ought to be more severe; and the magistrate more vigilant; to the end that men who would otherwise become abandoned might be determined by these motives; but it is quite otherwise where religion has established the doctrine of liberty。

From the inactivity of the soul springs the Mahometan doctrine of predestination; and from this doctrine of predestination springs the inactivity of the soul。 This; they say; is in the decrees of God; they must therefore indulge their repose。 In a case like this; the magistrate ought to waken by the laws those who are lulled asleep by religion。

When religion condemns things which the civil laws ought to permit; there is danger lest the civil laws; on the other hand; should permit what religion ought to condemn。 Either of these is a constant proof of a want of true ideas of that harmony and proportion which ought to subsist between both。

Thus the Tartars under Jenghiz Khan;'10' among whom it was a sin and even a capital crime to put a knife in the fire; to lean against a whip; to strike a horse with his bridle; to break one bone with another; did not believe it to be any sin to break their word; to seize upon another man's goods; to do an injury to a person; or to commit murder。 In a word; laws which render that necessary which is only indifferent have this inconvenience; t
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