《旧制度与大革命·卷三·第四章·高等法院自以为已主宰王国之时才发觉权威尽失》第5节
Nothing certainly could be more opposed to the ideas of the time than a judicial caste, exercising by purchase the whole jurisdiction of the country. No practice, indeed, had been more often and more bitterly censured, for a century past, than the sale of these offices. This magistracy, vicious as it was in principle, had nevertheless a merit which the better constituted tribunals of our own time do not always possess. The judges were independent. They administered justice in the name of the sovereign, but not in compliance with his will. They obeyed no passions but their own. When all the intermediate powers which might counter-balance or attenuate the unlimited power of the King had been struck down, the Parliament alone still remained firm. The Parliament could still speak when all the world was silent, and maintain itself erect, for a time, when all the world had long been forced to bow. The consequence was that it became popular as soon as the Government was out of favour with the nation. And when, for a moment, hatred of despotism had become a fervent passion and a sentiment common to all Frenchmen, the Parliaments appeared to be the sole remaining barrier against absolute power. The defects which had been most blamed in them acted as a sort of guarantee of their political honesty. Even their vices were a protection, and their love of power, their presumption, and their prejudices were arms which the nation used. But no sooner had absolute power been definitely conquered, and the nation felt assured that it could defend its own rights, than the Parliament again at once became what it was before--an old, decrepit, and discredited institution; a legacy of the Middle Ages, again exposed to the full tide of public aversion. To effect its destruction, the King had only to endure its triumph.
注释摘要
这段文字置于本章的收尾，实际上是托克维尔对高等法院悲剧命运所做的一次结构性的解剖。他把法官们从欢呼的顶点坠入孤立的谷底这一戏剧性转折，溯源到一个根本矛盾：高等法院的制度形态与时代精神之间的彻底脱节。 托克维尔首先点出一个显而易见的矛盾点。高等法院的官职是通过买卖获得的，这意味着司法权成了一种可以世袭的财产，形成了一个封闭的法律贵族阶层。在一个一切都在趋向平…