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the spirit of laws-第87章

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e all their passions are calm; and where love rules over the heart with so regular and gentle an empire that the least degree of prudence is sufficient to conduct it?

It is a happiness to live in those climates which permit such freedom of converse; where that sex which has most charms seems to embellish society; and where wives; reserving themselves for the pleasures of one; contribute to the amusement of all。

12。 Of natural Modesty。 All nations are equally agreed in fixing contempt and ignominy on the incontinence of women。 Nature has dictated this to all。 She has established the attack; and she has established too the resistance; and having implanted desires in both; she has given to the one boldness; and to the other shame。 To individuals she has granted a long succession of years to attend to their preservation: but to continue the species; she has granted only a moment。

It is then far from being true that to be incontinent is to follow the laws of nature; on the contrary; it is a violation of these laws; which can be observed only by behaving with modesty and discretion。

Besides; it is natural for intelligent beings to feel their imperfections。 Nature has; therefore; fixed shame in our minds  a shame of our imperfections。

When; therefore; the physical power of certain climates violates the natural law of the two sexes; and that of intelligent beings; it belongs to the legislature to make civil laws; with a view to opposing the nature of the climate and re…establishing the primitive laws。

13。 Of Jealousy。 With respect to nations; we ought to distinguish between the passion of jealousy and a jealousy arising from customs; manners; and laws。 The one is a hot raging fever; the other; cold; but sometimes terrible; may be joined with indifference and contempt。

The one; an abuse of love; derives its source from love itself。 The other depends only on manners; on the customs of a nation; on the laws of the country; and sometimes even on religion。'20'

It is generally the effect of the physical power of the climate; and; at the same time; the remedy of this physical power。

14。 Of the Eastern Manner of domestic Government。 Wives are changed so often in the East that they cannot have the power of domestic government。 This care is; therefore; committed to the eunuchs; whom they entrust with their keys and the management of their families。 〃In Persia;〃 says Sir John Chardin; 〃married women are furnished with clothes as they want them; after the manner of children。〃 Thus that care which seems so well to become them; that care which everywhere else is the first of their concern; does not at all regard them。

15。 Of Divorce and Repudiation。 There is this difference between a divorce and a repudiation; that the former is made by mutual consent; arising from a mutual antipathy; while the latter is formed by the will; and for the advantage of one of the two parties; independently of the will and advantage of the other。

The necessity there is sometimes for women to repudiate; and the difficulty there always is in doing it; render that law very tyrannical which gives this right to men without granting it to women。 A husband is the master of the house; he has a thousand ways of confining his wife to her duty; or of bringing her back to it; so that in his hands it seems as if repudiation could be only a fresh abuse of power。 But a wife who repudiates only makes use of a dreadful kind of remedy。 It is always a great misfortune for her to go in search of a second husband; when she has lost the most part of her attractions with another。 One of the advantages attending the charms of youth in the female sex is that in an advanced age the husband is led to complacency and love by the remembrance of past pleasures。

It is then a general rule that in all countries where the laws have given to men the power of repudiating; they ought also to grant it to women。 Nay; in climates where women live in domestic slavery; one would think that the law ought to favour women with the right of repudiation; and husbands only with that of divorce。

When wives are confined in a seraglio; the husband ought not to repudiate on account of an opposition of manners; it is the husband's fault if their manners are incompatible。

Repudiation on account of the barrenness of the woman ought never to take place except where there is only one wife:'21' when there are many; this is of no importance to the husband。

A law of the Maldivians permitted them to take again a wife whom they had repudiated。'22' A law of Mexico'23' forbade their being reunited under pain of death。 The law of Mexico was more rational than that of the Maldivians: at the time even of the dissolution; it attended to the perpetuity of marriage; instead of this; the law of the Maldivians seemed equally to sport with marriage and repudiation。

The law of Mexico admitted only of divorce。 This was a particular reason for their not permitting those who were voluntarily separated to be ever reunited。 Repudiation seems chiefly to proceed from a hastiness of temper; and from the dictates of passion; while divorce appears to be an affair of deliberation。

Divorces are frequently of great political use: but as to the civil utility; they are established only for the advantage of the husband and wife; and are not always favourable to their children。

16。 Of Repudiation and Divorce amongst the Romans。 Romulus permitted a husband to repudiate his wife; if she had committed adultery; prepared poison; or procured false keys。 He did not grant to women the right of repudiating their husbands。 Plutarch'24' calls this a law extremely severe。

As the Athenian law'25' gave the power of repudiation to the wife as well as to the husband; and as this right was obtained by the women among the primitive Romans; notwithstanding the law of Romulus; it is evident that this institution was one of those which the deputies of Rome brought from Athens; and which were inserted in the laws of the Twelve Tables。

Cicero says that the reasons of repudiation sprang from the law of the Twelve Tables。'26' We cannot then doubt but that this law increased the number of the reasons for repudiation established by Romulus。

The power of divorce was also an appointment; or at least a consequence; of the law of the Twelve Tables。 For from the moment that the wife or the husband had separately the right of repudiation; there was a much stronger reason for their having the power of quitting each other by mutual consent。

The law did not require that they should lay open the causes of divorce'27' In the nature of the thing; the reasons for repudiation should be given; while those for a divorce are unnecessary; because; whatever causes the law may admit as sufficient to break a marriage; a mutual antipathy must be stronger than them all。

The following fact; mentioned by Dionysius Halicarnassus;'28' Valerius Maximus;'29' and Aulus Gellius;'30' does not appear to me to have the least degree of probability: though they had at Rome; say they; the power of repudiating a wife; yet they had so much respect for the auspices that nobody for the space of five hundred and twenty years ever made'31' use of this right; till
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