《旧制度与大革命·卷二·第四章·行政法庭与官吏免责皆旧制度所立》第5节
On another occasion the Intendant himself wrote to the Comptroller-General with reference to a Government contractor, who had taken his materials in a field which did not belong to him. ‘I cannot sufficiently represent to you how injurious it would be to the interests of the Administration if the contractors were abandoned to the jurisdiction of the ordinary courts, whose principles can never be reconciled to those of the Government.’ These lines were written precisely a hundred years ago, but it appears as if the administrators who wrote them were our own contemporaries.
注释摘要
托克维尔在这里引用了一位旧制度时期总督写给财政总监的密信，信的起因很小：一个政府承包商从一块不属于他的田里取走了建材，被田主控告。总督却急忙向中央陈情，说这种案子绝不能交给普通法庭审理。他给出的理由不是案情本身有争议，也不是承包商有罪无罪的问题，而是一个结构性的判断：行政部门的利益与普通法庭的原则“永远不可能调和”。请注意，这是一种原则性的对立感的表达，不…