《旧制度与大革命·卷二·第六章·旧制度下的行政积习》第5节
History is a picture gallery, containing few originals and a great many copies. It must be admitted, however, that in France the Central Government never imitated those Governments of the South of Europe which seem to have taken possession of everything only in order to render everything barren. The French Government frequently showed great intelligence as to its functions, and always displayed prodigious activity. But its activity was often unproductive and even mischievous, because at times it endeavoured to do that which was beyond its power, or that which no one could control. It rarely attempted, or quickly abandoned, the most necessary reforms, which could only be carried out by persevering energy; but it constantly changed its by-laws and its regulations. Within the sphere of its presence nothing remained in repose for a moment. New regulations succeeded each other with such extraordinary rapidity that the agents of Government, amidst the multiplicity of commands they received, often found it difficult to discover how to obey them. Some municipal officers complained to the Comptroller-General himself of the extreme mobility of this subordinate legislation. ‘The variation of the financial regulations alone,’ said they, ‘is such, that a municipal officer, even were his appointment permanent, has no time for anything but studying the new rules as fast as they come out, even to the extent of being forced to neglect his own business.’ Even when the law itself was not altered its application varied every day. Without seeing the working of the administration under the old French Government in the secret documents which are still in existence, it is impossible to imagine the contempt into which the law eventually falls, even in the eyes of those charged with the application of it, when there are no longer either political assemblies or public journals to check the capricious activity, or to set bounds to the arbitrary and changeable humour of the Ministers and their offices. We hardly find a single Order in Council that does not recite some anterior laws, often of very recent date, which had been enacted but never executed. There was not an edict, a royal declaration, or any solemnly registered letters-patent, that did not encounter a thousand impediments in its application. The letters of the Comptrollers-General and the Intendants show that the Government constantly permitted things to be done, by exception, at variance with its own orders. It rarely broke the law, but the law was perpetually made to bend slightly in all directions to meet particular cases, and to facilitate the conduct of affairs.
注释摘要
托克维尔以一句警语开篇，说历史如同画廊，原作很少而复制品极多。这句话并非闲笔，而是他治史方法的一种流露：他不相信每个时代都独一无二，反而认定制度形式会跨时代地重演。紧接其后，他立刻划出一条界限，指出法国中央政府与南欧那种占有一切却让一切荒芜的政府不同——法国政府并不懒惰，相反，它展现出惊人的智识与精力。但这一赞扬几乎立刻被翻转：它的活力常常徒劳甚至有害，因…