《旧制度与大革命·卷二·第十九章·一场大行政革命先于政治革命而至》第1节

旧制度与大革命 · 第2章 · 第1节

Nothing had yet been changed in the form of the French Government, but already the greater part of the secondary laws which regulated the condition of persons and the administration of affairs had been abolished or modified. The destruction of the Guilds, followed by their partial and incomplete restoration, had totally changed all the old relations between workmen and their employers. These relations had become not only different, but uncertain and difficult. The police of the masters was at an end; the authority of the State over the trades was imperfectly established; and the artisan, placed in a constrained and undecided position between the Government and his employer, did not know to whom he was to look for protection, or from whom he was to submit to restraint. This state of discontent and anarchy, into which the whole lower class of the towns had been plunged at one blow, produced very great consequences as soon as the people began to reappear on the political stage. One year before the Revolution a Royal edict had disturbed the order of the administration of justice in all its parts; several new jurisdictions had been created, a multitude of others abolished, and all the rules of judicial competence changed. Now in France, as I have already shown, the number of persons engaged in administering justice and in executing the sentences of the law was enormous. In fact, it may be said that the whole of the middle class was more or less connected with the tribunals. The effect of this law, therefore, was to unsettle the station and property of thousands of families, and to place them in a new and precarious position. The edict was little less inconvenient to litigants, who found it difficult, in the midst of this judicial revolution, to discover what laws were applicable to their cases, and by what tribunals they were to be decided. But it was the radical reform which the Administration, properly so called, underwent in 1787, which more than all the rest first threw public affairs into disorder, and shook the private existence of every individual citizen.

注释摘要

托克维尔在这一段里开始描述一个常被后人忽略的奇特景象:在法国政治革命爆发之前,一场深刻的“行政革命”已经率先完成。他想要说明的并非那些惊天动地的制宪行为,而是大量次一级的法律——那些直接规定人的身份、职业关系和日常事务处理的规则——已经遭到废弃或修改。政治体制的外壳还保留着,但填充其间、让社会生活得以运转的规章网络却已经被抽换了大半。这种变化不像推翻君主制…