《旧制度与大革命·卷三·第六章·三级会议陈情书的撰写把彻底革命的念头送进了人心》第1节

旧制度与大革命 · 第3章 · 第1节

Almost all the institutions of the Middle Ages had a stamp of boldness and truth. Those laws were imperfect, but they were sincere. They had little art, but they had less cunning. They always gave all the rights they seemed to promise. When the commons were convoked to form part of the assemblies of the nation, they were at the same time invested with unbounded freedom in making known their complaints and in sending up their requests. In the cities which were to send deputies to the States-General, the whole people was called upon to say what it thought of the abuses to be corrected and the demands to be made. None were excluded from the right of complaint, and any man might express his grievance in his own way. The means were as simple as the political device was bold. Down to the States-General of 1614, in all the towns, and even in Paris, a large box was placed in the market-place, with a slit in it, to receive the papers and opinions of all men, which a committee sitting at the Hôtel de Ville was empowered to sift and examine. Out of all these diverse remonstrances a bill was drawn up, which expressed the public grievances and the complaint of each individual. The physical and social constitution of that time was based on such deep and solid foundations, that this sort of public inquest could take place without shaking it. There was no question of changing the principle of the laws, but simply of putting them straight. Moreover, what were then styled the commons were the burgesses of certain towns. The people of the towns might enjoy an entire liberty in the expression of their wrongs, because they were not in a condition to enforce redress: they exercised without inconvenience that amount of democratic freedom, because in all other respects the aristocracy reigned supreme. The communities of the Middle Ages were aristocratic bodies, which merely contained (and this contributed to their greatness) some small fragments of democracy. In 1789, the commons who were to be represented in the States-General no longer consisted of the burgesses of the towns alone, as was the case in 1614, but of twenty millions of peasants scattered over the whole area of the kingdom. These had till then never taken any part in public affairs. Political life was not to them even the casual reminiscence of another age: it was, in all respects, a novelty. Nevertheless, on a given day, the inhabitants of each of the rural parishes of France, collected by the sound of the church bells on the market-place in front of the church, proceeded, for the first time since the commencement of the monarchy, to confer together in order to draw up what was called the cahier of their representatives.

注释摘要

托克维尔在这一段里做了一个非常关键的历史对比,他在解释为什么同样是撰写陈情书,中世纪的作法没有动摇秩序,而一七八九年的作法却把彻底革命的念头送进了人心。他的立论起点是一个关于中世纪制度性格的判断:那些法律虽然粗糙,但有一种坦率与真诚。这里的真诚不是道德评价,而是制度逻辑上的透明——法律给了什么权利,就真的允许你行使那些权利,不会在表面许诺背后再设一道行政监…