《旧制度与大革命·卷三·第三章·法国高等法院如何循着旧例反而倾覆了王权》第8节
Having thus struck a blow at the whole body of the Parliaments, represented by their chief, it only remained to annihilate their power. Six edicts were simultaneously published. These edicts, which roused all France, were designed to effect several of the most important and useful reforms which the Revolution has since accomplished: the separation of the legislative and judicial powers, the abolition of exceptional courts of justice, and the establishment of all the principles which, to this day, govern the judicial organisation of France, both civil and criminal. All these reforms were conceived in the true spirit of the age, and met the real and lasting wants of society. But, as they were aimed at the privileged jurisdiction of the Parliaments, they struck down the idol of the hour, and they emanated from a power which was detested. That was enough. In the eyes of the nation these new edicts were a triumph of absolute government. The time had not yet come when everything may be pardoned by democracy to despotism in exchange for order and equality. In a moment the nation rose. Each Parliament became at once a focus of resistance round which the Orders of the province grouped themselves, so as to present a firm front to the action of the central power of government. France was at that time divided, as is well known, into thirteen judicial provinces, each of which was attached to a Parliament. All these Parliaments were absolutely independent of one another, all of them had equal prerogatives, all of them were invested with the same right of discussing the mandates of the legislator before submitting to them. This organisation will be seen to have been natural, on looking back to the time when most of these courts of justice were founded. The different parts of France were so dissimilar in their interests, their disposition, their customs, and their manners, that the same legislation could not be applied to all of them at once. As a distinct law was usually enacted for each province, it was natural that in each province there should be a Parliament whose duty it was to test this law. In more recent times, the French having become more similar, one law sufficed for all: but the right of testing the law remained divided.
注释摘要
托克维尔在此处揭示了一个极具讽刺意味的转折：王室试图用一场彻头彻尾的现代司法改革来挽回权威，结果却点燃了全国性的反抗烈焰。1788年5月颁布的六项敕令，其内容几乎就是后来制宪会议在革命初期所实现的那些原则——把立法权与司法权分开，取消一切特别法庭，建立统一的民事与刑事法院体系。这些改革完全契合时代精神：启蒙运动呼唤权力分立，重农学派要求消除地方法律的混乱。…