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the spirit of laws-第80章

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4。 For instance; in Spain。

5。 〃One hundred European soldiers;〃 says Tavernier; 〃would without any great difficulty beat a thousand Indian soldiers。〃

6。 Even the Persians who settle in the Indies contract in the third generation the indolence and cowardice of the Indians。 See Bernier on the Mogul; i; p。 182。

7。 We find by a fragment of Nicolaus Damascenus; collected by Constantine Porphyrogenitus; that it was an ancient custom in the East to send to strangle a governor who had given any displeasure; it was in the time of the Medes。

8。 Panamanack: See Kircher。

9。 La Loubere; Account of the Kingdom of Siam; p。 446。

10。 Foe endeavoured to reduce the heart to a mere vacuum: 〃We have eyes and ears; but perfection consists in neither seeing nor hearing; a mouth; hands; &c。; but perfection requires that these members should be inactive。〃 This is taken from the dialogue of a Chinese philosopher; quoted by Father Du Halde; iii。

11。 Father Du Halde; History of China; i; p。 72。

12。 Several of the kings of India do the same。 La Loubere; Account of the Kingdom of Siam; p。 69。

13。 Venty; the third emperor of the third dynasty; tilled the lands himself; and made the empress and his wives employ their time in the silkworks in his palace。 History of China。

14。 Hyde; Religion of the Persians。

15。 Monsieur Bernier; travelling from Lahore to Cashmere; wrote thus: 〃My body is a sieve; scarcely have I swallowed a pint of water; but I see it transude like dew out of all my limbs; even to my fingers' ends。 I drink ten pints a day; and it does me no manner of harm。〃  Bernier; Travels; ii; p。 261。

16。 In the blood there are red globules; fibrous parts; white globules; and water; in which the whole swims。

17。 Plato; Laws; ii; Aristotle; Of the Care of Domestic Affairs; Eusebius; Evangelical Preparation; xii。 17。

18。 This is seen in the Hottentots; and the inhabitants of the most southern part of Chili。

19。 As Pittacus did; according to Aristotle; Politics; ii。 12。 He lived in a climate where drunkenness is not a national vice。

20。 Book ii。

21。 Book ii。 tit。 1; § 3; tit。 18; § 1。

22。 Ricaut; State of the Ottoman Empire; p。 284。

23。 It may be complicated with the scurvy; which; in some countries especially; renders a man whimsical and unsupportable to himself。 See Pirard; Voyages; part II; 21。

24。 Here I take this word for the design of subverting the established power; and especially that of democracy; this is the signification in which it was understood by the Greeks and Romans。

25。 Chapter 58; §§ 1; 2。

26。 Law of the Visigoths; iii; tit。 4; § 9。

27。 Ibid。; § 6。

28。 Ibid。; § 13。

29。 See Bernier; ii; p。 140。

30。 See in the Edifying Letters; coll。 xiv; p。 403; the principal laws or customs of the inhabitants of the peninsula on this side the Ganges。

31。 See Edifying Letters; coll; ix; p。 378。

32。 I had once thought that the lenity of slavery in India had made Diodorus say that there was neither master nor slave in that country; but Diodorus has attributed to the whole continent of India what; according to Strabo; xv; belonged only to a particular nation。




Book XV。 In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate

1。 Of civil Slavery。 Slavery; properly so called; is the establishment of a right which gives to one man such a power over another as renders him absolute master of his life and fortune。 The state of slavery is in its own nature bad。 It is neither useful to the master nor to the slave; not to the slave; because he can do nothing through a motive of virtue; nor to the master; because by having an unlimited authority over his slaves he insensibly accustoms himself to the want of all moral virtues; and thence becomes fierce; hasty; severe; choleric; voluptuous; and cruel。

In despotic countries; where they are already in a state of political servitude; civil slavery is more tolerable than in other governments。 Every one ought to be satisfied in those countries with necessaries and life。 Hence the condition of a slave is hardly more burdensome than that of a subject。

But in a monarchical government; where it is of the utmost importance that human nature should not be debased or dispirited; there ought to be no slavery。 In democracies; where they are all upon equality; and in aristocracies; where the laws ought to use their utmost endeavours to procure as great an equality as the nature of the government will permit; slavery is contrary to the spirit of the constitution: it only contributes to give a power and luxury to the citizens which they ought not to have。

2。 Origin of the Right of Slavery among the Roman Civilians。 One would never have imagined that slavery should owe its birth to pity; and that this should have been excited in three different ways。'1'

The law of nations to prevent prisoners from being put to death has allowed them to be made slaves。 The civil law of the Romans empowered debtors; who were subject to be ill…used by their creditors; to sell themselves。 And the law of nature requires that children whom a father in a state of servitude is no longer able to maintain should be reduced to the same state as the father。

These reasons of the civilians are all false。 It is false that killing in war is lawful; unless in a case of absolute necessity: but when a man has made another his slave; he cannot be said to have been under a necessity of taking away his life; since he actually did not take it away。 War gives no other right over prisoners than to disable them from doing any further harm by securing their persons。 All nations'2' concur in detesting the murdering of prisoners in cold blood。

Neither is it true that a freeman can sell himself。 Sale implies a price; now when a person sells himself; his whole substance immediately devolves to his master; the master; therefore; in that case; gives nothing; and the slave receives nothing。 You will say he has a peculium。 But this peculium goes along with his person。 If it is not lawful for a man to kill himself because he robs his country of his person; for the same reason he is not allowed to barter his freedom。 The freedom of every citizen constitutes a part of the public liberty; and in a democratic state is even a part of the sovereignty。 To sell one's freedom'3' is so repugnant to all reason as can scarcely be supposed in any man。 If liberty may be rated with respect to the buyer; it is beyond all price to the seller。 The civil law; which authorises a division of goods among men; cannot be thought to rank among such goods a part of the men who were to make this division。 The same law annuls all iniquitous contracts; surely then it affords redress in a contract where the grievance is most enormous。

The third way is birth; which falls with the two former; for if a man could not sell himself; much less could he sell an unborn infant。 If a prisoner of war is not to be reduced to slavery; much less are his children。

The lawfulness of putting a malefactor to death arises from this circumstance: the law by which he is punished was made for his security。 A murderer; for instance; has enjoyed the benefit of the very law which condemns him; it has been 
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