《旧制度与大革命·卷二·第十一章·旧制度下所享有的那种自由及其影响》第7节

旧制度与大革命 · 第2章 · 第7节

The Middle Classes of the time preceding the Revolution were also much better prepared than those of the present day to show a spirit of independence. Many even of the defects of their social constitution contributed to this result. We have already seen that the public employments occupied by these classes were even more numerous than at present, and that the passion for obtaining these situations was equally intense. But mark the difference of the age. Most of those places being neither given nor taken away by the Government, increased the importance of those who filled them without placing them at the mercy of the ruler; hence, the very cause which now completes the subjection of so many persons was precisely that which most powerfully enabled them at that time to maintain their independence. The immunities of all kinds which so unhappily separated the middle from the lower classes, converted the former into a spurious aristocracy, which often displayed the pride and the spirit of resistance of the real aristocracy. In each of those small particular associations which divided the middle classes into so many sections, the general advantage was readily overlooked, but the interests and the rights of each body were always kept in view. The common dignity, the common privileges were to be defended. No man could ever lose himself in the crowd, or find a hiding-place for base subserviency. Every man stood, as it were, on a stage, extremely contracted it is true, but in a glare of light, and there he found himself in presence of the same audience, ever ready to applaud or to condemn him. The art of stifling every murmur of resistance was at that time far less perfected than it is at present. France had not yet become that dumb region in which we dwell: every sound on the contrary had an echo, though political liberty was still unknown, and every voice that was raised might be heard afar. That which more especially in those times ensured to the oppressed the means of being heard was the constitution of the Courts of Justice. France had become a land of absolute government by her political and administrative institutions, but her people were still free by her institutions of justice. The judicial administration of the old monarchy was complicated, troublesome, tedious, and expensive: these were no doubt great faults, but servility towards the Government was not to be met with there--that servility which is but another form of venality, and the worst form. That capital vice, which not only corrupts the judge, but soon infects the whole body of the people, was altogether unknown to the elder magistracy. The judges could not be removed, and they sought no promotion--two things alike necessary to their independence; for what matters it that a judge cannot be coerced if there are a thousand means of seduction?

注释摘要

托克维尔在这一段文字中转向了对旧制度下中间阶级独立精神的剖析。他提出了一个看似悖论的命题:正是那些被后人视为社会弊病的结构特征,反而为中间阶级提供了抵抗专制权力的支点。这里的关键在于公职的占有性质。旧制度下的许多官职并非由中央政府随意授予或收回,而是通过买卖成为任职者的私产。这种我们今天看来腐败的官职权属,在当时却产生了一个意外的政治后果:官员的权力基础不…