《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8节

旧制度与大革命 · 第2章 · 第8节

Thus then the whole reform of these secondary enactments was already novel, obscure, and conflicting before the principal laws affecting the government of the State had yet been touched at all. But all that was still untouched was already shaken, and it could barely be said that any law was in existence which had not already been threatened with abolition or a speedy change by the Central Government itself. This sudden and comprehensive renovation of all the laws and all the administrative habits of France, which preceded the political Revolution of 1789, is a thing scarcely thought of at the present time, yet it was one of the severest perturbations which ever occurred in the history of a great people. This first revolution exercised a prodigious influence on the Revolution which was about to succeed it, and caused the latter to be an event different from all the events of the same kind which had ever till then happened in the world and from those which have happened since. The first English Revolution, which overthrew the whole political constitution of the country and abolished the monarchy itself, touched but superficially the secondary laws of the land and changed scarcely any of the customs and usages of the nation. The administration of justice and the conduct of public business retained their old forms and followed even their past aberrations. In the heat of the Civil Wars the twelve judges of England are said to have continued to go the circuit twice a year. Everything was not, therefore, abandoned to agitation at the same time. The Revolution was circumscribed in its effects, and English society, though shaken at its apex, remained firm upon its base. France herself has since 1789 witnessed several revolutions which have fundamentally changed the whole structure of her government. Most of them have been very sudden and brought about by force, in open violation of the existing laws. Yet the disorder they have caused has never been either long or general; scarcely have they been felt by the bulk of the nation, sometimes they have been unperceived.

注释摘要

托克维尔在这里提出了全书最关键的判断之一:1789年的政治革命之所以具有空前剧烈的震荡力,根本原因不在于它所推翻的政治结构有多么坚固,而在于它在爆发之前,整个行政体系的日常运行已经先行解体了。他所说的“次级法令”指的正是那些直接触及每个人生活、职业、财产和身份的具体规制——行会制度、司法管辖权、省区行政体制、村社组织等等。在这些法律尚未被政治革命正式摧毁之…