《旧制度与大革命·卷一·第四章·全欧曾有相同制度又处处崩坏》第1节
The tribes which overthrew the Roman Empire, and which in the end formed all the modern nations of Europe, differed among each other in race, in country, and in language; they only resembled each other in barbarism. Once established in the dominions of the empire they engaged in a long and fierce struggle, and when at length they had gained a firm footing they found themselves divided by the very ruins they had made. Civilisation was almost extinct, public order at an end, the relations between man and man had become difficult and dangerous, and the great body of European society was broken up into thousands of small distinct and hostile societies, each of which lived apart from the rest. Nevertheless certain uniform laws arose all at once out of the midst of this incoherent mass. These institutions were not copied from the Roman legislation; indeed they were so much opposed to it that recourse was had to the Roman law to alter and abolish them. They have certain original characteristics which distinguish them from all other laws invented by mankind. They corresponded to each other in all their parts, and, taken together, they formed a body of law so compact that the articles of our modern codes are not more perfectly coherent; they were skilfully framed laws intended for a half-savage state of society. It is not my purpose to inquire how such a system of legislation could have arisen, spread, and become general throughout Europe. But it is certain that in the Middle Ages it existed more or less in every European nation, and that in many it prevailed to the exclusion of every other. I have had occasion to study the political institutions of the Middle Ages in France, in England, and in Germany, and the further I proceeded in my labours the more was I astonished at the prodigious similarity which existed amongst all these various sets of laws; and the more did I wonder how nations so different, and having so little intercourse, could have contrived laws so much alike. Not but they continually and almost immeasurably differ in their details and in different countries, but the basis is invariably the same. If I discovered a political institution, a law, a fixed authority, in the ancient Germanic legislation, I was sure, on searching further, to find something exactly analogous to it in France and in England. Each of these three nations helped me more fully to understand the others.
注释摘要
托克维尔在这一节里做了一件他整本书反复在做的事:他并不急着讲法国革命本身,而是先绕一个大圈子,把读者的视野拉到整个欧洲的中世纪早期。他要建立的第一个论点其实很简单,甚至可以说是有意违背常识的。我们通常以为,蛮族入侵、西罗马帝国崩溃之后,欧洲陷入漫长的混乱与隔绝,各地理应各行其是。但托克维尔偏偏说,正是在这片碎片化的废墟之上,突然产生了一套高度统一的法律制度…