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the origins of contemporary france-5-第49章

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organs and human societies in his 〃Principles of Biology〃 and

〃Principles of Sociology。〃 I have attempted here to show the three

parallel branches of its consequences; and; again; their common root;

a constitutive and primordial property inherent in every

instrumentality。



'2' Cf。 〃The Revolution;〃 III。; book VI。; ch。 2 The encroachments of

the State and their effect on individuals is there treated。 Here; the

question is their effects on corporations。 Read; on the same subject;

〃Gladstone on Church and State;〃 by Macaulay; and 〃The Man versus the

State;〃 by Herbert Spencer; two essays in which the close reasoning

and abundance of illustrations are admirable。



'3' 〃The Revolution;〃 III; 346。 (Laffont II。 p 258。)



'4'  Ibid。; III。 284 Laff。 213。



'5' 〃The Revolution;〃 III。; 353; 416。 (Laffont II。 notes pp 262 and

305 to 308。)



'6' 〃The Ancient Régime;〃 64; 65; 76; 77; 120; 121; 292。 (Laffont I。

pp。 52…53; 60…61; 92 to 94; 218 to 219。)



'7' 〃The Revolution;〃 I。; 177 and following pages。 (Laffont I; pp。 438

to 445。)



'8' The essays of Herbert Spencer furnish examples for England under

the title of 〃Over…legislation and Representative government。〃

Examples for France may be found in 〃Liberté du Travail;〃 by Charles

Dunoyer (1845)。 This work anticipates most of the ideas of Herbert

Spencer; lacking only the physiological 〃illustrations。〃









CHAPTER III。 The New Government Organization。



I。

Precedents of the new organization。 … In practical operation。 …

Anterior usurpations of the public power。 … Spontaneous bodies under

the Ancient Regime and during the Revolution。 … Ruin and discredit of

their supports。 … The central power their sole surviving dependence。 …



Unfortunately; in France at the end of the eighteenth century the bent

was taken and the wrong bent。 For three centuries and more the public

power had increasingly violated and discredited spontaneous bodies:



Sometimes it had mutilated them and decapitated them; for example; it

had suppressed provincial governments (états) over three…quarters of

the territory; in all the electoral districts; nothing remained of the

old province but its name and an administrative circumscription。



Sometimes; without mutilating the corporate body it had upset and

deformed it; or dislocated and disjointed it。 … So that in the towns;

through changes made in old democratic constitutions; through

restrictions put upon electoral rights and repeated sales of municipal

offices;'1' it had handed over municipal authority to a narrow

oligarchy of bourgeois families; privileged at the expense of the

taxpayer; half separated from the main body of the public; disliked by

the lower classes; and no longer supported by the confidence or

deference of the community。 And in the parish and in the rural canton;

it had taken away from the noble his office of resident protector and

hereditary patron; reducing him to the odious position of a mere

creditor; and; if he were a man of the court; to the yet worse

position of an absentee creditor。'2' … So that in the parish and in

the rural canton; it had taken away from the noble his office of

resident protector and hereditary patron; reducing him to the odious

position of a mere creditor; and; if he were a man of the court; to

the yet worse position of an absentee creditor。'3' Thus; as to the

clergy; it had almost separated the head from the trunk by superposing

(through the concordat) a staff of gentleman prelates; rich;

ostentatious; unemployed; and skeptical; upon an army of plain; poor;

laborious; and believing curates。'4'



Finally; it had; through a protection as untimely as it was

aggressive; sometimes conferred on the corporation oppressive

privileges which rendered it offensive and mischievous; or else

fossilized in an obsolete form which paralyzed its action or corrupted

its service。 Such was the case with the corporations of crafts and

industries to which; in consideration of financial aid; it had

conceded monopolies onerous to the consumer and a clog on industrial

enterprises。 Such was the case with the Catholic Church to which;

every five years; it granted; in exchange for its voluntary gift (of

money); cruel favors or obnoxious prerogatives; the prolonged

persecution of Protestants; the censorship of intellectual

speculation; and the right of controlling schools and education。'5'

Such was the case with the universities benumbed by routine; with

latest provincial 〃ètats;〃 constituted in 1789; as in 1489。 Such was

the case with noble families subjected by law to the antique system of

substitutions and of primogeniture; that is to say; to social

constraint which; devised long ago for private as well as for public

interest in order to secure the transmission of local patronage and

political power。 This system; however; became useless and corrupting;

fecund in pernicious vanities;'6' in detestable calculations; domestic

tyrannies; forced vocations; and private bickering; from the time when

the nobles; become frequenters of the court; had lost political power

and renounced local patronage。



Thus deprived of; or diverted from; their purpose; the corporate

bodies had become unrecognizable under the crust of the abuses which

disfigured them。 Nobody; except a Montesquieu; could comprehend why

they should exist; on the approach of the Revolution; they seemed; not

organs; but outgrowths; deformities; and; so to say; superannuated

monstrosities。 Their historical and natural roots; their living germs

far below the surface; their social necessity; their fundamental

utility; their possible usefulness; were no longer visible。 Only their

present inconvenience was felt; people suffered by their friction and

burden; their lack of harmony and incoherence created dissatisfaction;

annoyance due to their degeneracy were attributed to radical defects;

they were judged to be naturally unsound and were condemned; in

principle; because of the deviations and laws which the public power

had imposed on their development。



Suddenly; the public power; which had produced the evil by its

intervention; pretended to remove it by a still greater intervention:

in 1789 it again intruded itself on corporate bodies; not to reform

them; not restore each to its proper channel; not to confine each with

proper limits; but to destroy them outright。 Through a radical;

universal; and extraordinary amputation; the like of which is not

mentioned in history; with the rashness of the theorist and the

brutality of the butcher; the legislator extirpated them all; as far

as he could; even including the family; while his fury extended beyond

the present into the future。 To legal abolition and total

confiscation; he added the systematic hostility of his preventive

laws; together with a fresh obstacle in the shape of his new

constructions; during three successive legislatures'7' he provided

against their future regeneration; against the permane
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