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encouragement of voluntary and gratuitous labor。
This form； of course； differs according to different societies； the
same charter or constitution is not proper for a church system and a
commune； nor for a Protestant church and a Catholic church； nor for a
town of one hundred thousand inhabitants and a village of five
hundred。 Each association has its own peculiar and distinctive
features； which grade it according to its kind； according to its
spiritual or temporal aims； according to its liberal or authoritative
spirit； according to is small or large dimensions； according to the
simplicity or complexity of its affairs； according to the capacity or
incapacity of its members： features which within it are both efficient
and permanent； whatever the legislator may do； these will remain and
will regulate all activity。 Thus let him； in each case； keep this in
mind。 But in all cases his office is the same； always； on drawing up
and countersigning a statute； he intervenes in the coming conflict
between the social instinct and the egoistic instinct； every provision
which he enacts will contribute； nearby or at a distance； to the final
ascendancy of the former or of the latter。 Now； the legislator the
natural ally of the former； for the former is his indispensable
auxiliary。 In every work or enterprise of public utility； if the
legislator is the external promoter； social instinct is the internal
promoter； and on the inner spring becoming weak or breaking； the
impulsion from outside remains without effect。 Hence it is that； if
the legislator would accomplish anything； otherwise than on paper； he
must； before any object or interest； concern himself with the social
instinct＇1＇； thus preserving and humoring it； find room for it and its
usefulness； let it have full play； getting all the service it is
capable of rendering； and especially not twist or release it。 … In
this respect； any blunder might prove disastrous； and in every statute
for each society； for each of the human vessels which gather together
and serve as a retinue of individual vessels； there are two capital
errors。 On the one hand； if the statute； in fact and practically； is
or becomes too grossly unjust； if the rights and benefits which it
confers are not compensated by the duties and obligations it imposes；
if it multiplies excessive burdens for some and sinecures for others；
if； at last； the exploited individual discovers that he is overcharged
beyond his due； … thereafter he refuses on his own to add voluntarily
to his load。 Let others； let the favored and the privileged bear the
gratuitous； extra weight。 Far from stepping forward and offering his
shoulders； he gets out of the way； hides himself； and lightens his
load as much as he can； he even rebels when he has a chance； and
violently casts off every legal burden； be it tax or due of any kind。
Thus did the ancient régime perish。 … On the other hand； if the
statute withdraws the management of the ship from those who are
concerned； if； on this vessel； which belongs to them； it permanently
installs a foreign crew； which assumes and exercises all command； then
the owner of the vessel； reduced to the humble condition of a mere
subject and quiescent taxpayer； will no longer feel concerned。 Since
the intruders exercise all authority； let them have all the trouble；
the working of the ship concerns them and not him； he looks on as a
spectator； without any idea of lending a hand； he folds his arms；
remains idle； and becomes critical。 … Against the first defect； the
new régime is on its guard： there must be neither the preferred nor
the disgraced； neither favors nor exemptions； neither exclusions nor
releases； no more misappropriation； embezzlement； or robbery； not
alone in the State； but elsewhere in any direction； … in the
department； in the commune； in the Church； or in educational and
benevolent institutions。 It excels in practicing distributive justice。
The second defect is its hidden flaw： the legislator having introduced
this into all local and special statutes； its effects differ according
to different societies； but all these effects converge； paralyzing in
the nation the best half of the soul； and； worse still； to leading the
will astray and perverting the public mind； transforming generous
impulses into evil outbursts； and organizing lasting inertia； ennui；
discontent； discord； feebleness； and sterility。＇2＇
II。 Local Community。
Local societies。 … Their principal and distinctive character。 … Their
type on a small scale。 … A dwelling…house in Annecy or Grenoble。 …
Compulsory association of its inmates。 … Its object and limits。 …
Private in character。
Let us first consider local society whether a province； a department；
or a county。 For the past ten years （1789…99）； the legislator has
unceasingly deformed and assaulted。 On his side； he refuses to open
his eyes； preoccupied with theories； he will not recognize it for what
it is in reality； a society of a distinct species； different from the
State； with its own peculiar aims； its limits marked out； its members
prescribed； its statutes drawn up； everything formed and defined
beforehand。 As it is local； it is founded on the greater or less
proximity of its habitations。 Thus； to comprehend it； we must take a
case in which this proximity is greatest that of certain houses in
some of our southeastern towns； as； for example； Grenoble and Annecy。
Here； a house often belongs to several distinct owners； each
possessing his story； or apartment on a story； one owning the cellar
and another the attic； each enjoying all the rights of property over
his portion； the right of renting it； selling it； bequeathing it； and
mortgaging it； but all holding it in common for the maintenance of the
roof and the main walls。 … Evidently； their association is not a free
one； willingly or not； each forms a member of it； for； willingly or
not； each benefits or suffers through the good or bad state of the
roof and the principal walls： therefore； all must furnish their quota
of the indispensable expenses； even a majority of votes would not rid
them of these； one claimant alone would suffice to hold them
responsible； they have no right to impose on him the danger which they
accept for themselves； nor to shirk expenses by which they profit as
well as himself。 Consequently； on the report of an expert； the
magistrate interferes； and； willingly or not； the repairs are made；
then； willingly or not； both by custom and in law； each pays his
quote； calculated according to the locative value of the portion
belonging to him。 … But here his obligations cease。 In fact as in law；
the community （of property） is restricted； the associates take good
care not to extend this； not to pursue other aims at the same time；
not to add to their primitive and natural purpose a different and
supplementary purpose； not to devote one room to a Christian chapel
for the residents of the house； another room for a kindergarte