《论美国的民主·卷二·四部·第七章·承前续论》第5节

论美国的民主 · 第20章 · 第5节

Equality awakens in men several propensities extremely dangerous to freedom, to which the attention of the legislator ought constantly to be directed. I shall only remind the reader of the most important amongst them. Men living in democratic ages do not readily comprehend the utility of forms: they feel an instinctive contempt for them--I have elsewhere shown for what reasons. Forms excite their contempt and often their hatred; as they commonly aspire to none but easy and present gratifications, they rush onwards to the object of their desires, and the slightest delay exasperates them. This same temper, carried with them into political life, renders them hostile to forms, which perpetually retard or arrest them in some of their projects. Yet this objection which the men of democracies make to forms is the very thing which renders forms so useful to freedom; for their chief merit is to serve as a barrier between the strong and the weak, the ruler and the people, to retard the one, and give the other time to look about him. Forms become more necessary in proportion as the government becomes more active and more powerful, whilst private persons are becoming more indolent and more feeble. Thus democratic nations naturally stand more in need of forms than other nations, and they naturally respect them less. This deserves most serious attention. Nothing is more pitiful than the arrogant disdain of most of our contemporaries for questions of form; for the smallest questions of form have acquired in our time an importance which they never had before: many of the greatest interests of mankind depend upon them. I think that if the statesmen of aristocratic ages could sometimes contemn forms with impunity, and frequently rise above them, the statesmen to whom the government of nations is now confided ought to treat the very least among them with respect, and not neglect them without imperious necessity. In aristocracies the observance of forms was superstitious; amongst us they ought to be kept with a deliberate and enlightened deference.

注释摘要

这段论证建立在一个尖锐的悖论之上:民主社会的人既天然地需要严格的形式,又天然地憎恶它。托克维尔说的“形式”并不是空洞的礼仪或官僚文牍,而是法律程序、议事规则、分权制衡中那些看似琐碎迟缓的步骤——一切迫使权力在行动之前先停下来走一遍既定程序的东西。他的推理链条是这样展开的:身份平等使人只渴望即时的、容易的满足,他们一有欲望就直扑目标,最轻微的耽搁都让他们恼怒…