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首先声明，本书是个缩译的版本，不完全。我去年读了，一直没有时间整理写在书头的笔记，现在整理了，摘录几句书中的话。 ---------------------------------------------------- 从哲学上讲，使君主政治的各个部分运转的，是一种虚假的荣誉…… 荣誉要求贵族所做的，莫过于...
评分全书共三十一章，六百零五节，内容涉猎深广，包括法与各类政体原则与性质的关系，法与国家自然状态的关系（如气候性质、土壤性质、民族的普遍精神、习俗和风尚等），法与居民的宗教、性癖、财富、货币、人口、贸易、风俗、习惯的关系，还论述了各个国家的法理与...
评分 评分孟德斯鸠宣称要像自然科学那样分析人类政体和制度，这一愿景很吸引我，而且他的文字很清晰，语义直白，用词精确而一致，不像其他许多经典那样给我制造阅读障碍，所以这本书我是认真读完的。 但孟德斯鸠充其量只是在形式上完成了他为自己设定的任务：像博物学家那样对政体和其...
评分第一，第三栏下方提到英文有个词是independance，显然是independence。 第二，第五栏中部给了英文原文和张雁深、许明龙两位先生的翻译，我觉得如果英文是法文的准确翻译的话，那么张、许二公或许都理解错了。 英文如下： But, it does not result from this that a religion ...
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As I progress through this monumental work, the author’s exploration of the relationship between laws and societal customs is particularly illuminating. Montesquieu, it seems, firmly believes that laws do not exist in a vacuum, but are rather deeply intertwined with the habits, traditions, and even the prejudices of a people. His analysis of how different forms of government interact with these social fabrics is both insightful and, at times, unsettling in its honesty. He examines how laws can either reinforce existing customs, thereby solidifying social cohesion, or how they can attempt to reshape them, a process fraught with potential for resistance and unintended consequences. The detailed consideration of specific customs, such as those related to marriage, inheritance, and even fashion, demonstrates a commitment to understanding the totality of human life as it pertains to the legal framework. This holistic approach underscores the idea that effective governance requires more than just abstract principles; it demands a profound understanding of the human beings who are governed. His ability to draw parallels between seemingly minor social conventions and their impact on the stability of nations is a testament to his keen observational skills and his deep understanding of the human psyche. It's a perspective that encourages one to look beyond the written statutes and consider the unwritten rules that truly govern our daily lives.
评分The latter sections of "The Spirit of the Laws (Volume II)" offer a profound consideration of the factors that contribute to the decline and fall of states, a topic that resonates deeply with historical observations and contemporary concerns. Montesquieu meticulously examines the internal weaknesses and external pressures that can lead to the disintegration of even the most powerful empires. He attributes this decay not to single catastrophic events, but rather to a gradual erosion of the fundamental principles that initially gave the state its strength and cohesion. This includes the corruption of its foundational laws, the loss of civic virtue among its citizens, and the unchecked growth of internal factions or external threats. His analysis is characterized by a deep understanding of historical cycles and the recurring patterns of rise and fall that have characterized human societies throughout antiquity and beyond. He provides compelling case studies, often drawing from the Roman Empire's transformation, to illustrate how a neglect of the "spirit" of its institutions, coupled with an overemphasis on military might or internal corruption, ultimately proved fatal. This section, more than any other, serves as a powerful reminder of the fragility of political order and the constant need for vigilance and adaptation to preserve it, encouraging a critical assessment of any society's long-term trajectory.
评分As I immerse myself in this second volume, Montesquieu's detailed examination of different types of societies and their corresponding legal structures is consistently fascinating. He moves from analyzing republics and monarchies to discussing despotisms, and his observations on the mechanisms of each are incredibly sharp. His definition of despotism, for instance, as a government where power is wielded by one person without regard for law or equity, and where everything is subject to their will, is starkly illuminating. He argues that such systems, while appearing efficient in the short term, are inherently unstable and ultimately destructive to the human spirit, fostering fear and servility. In contrast, he analyzes the principles that underpin more moderate forms of government, such as honor in monarchies and virtue in republics, and how these principles are reflected and reinforced in their respective laws. The way he connects these abstract principles to concrete legal practices – from taxation and military service to the administration of justice – provides a rich and nuanced understanding of how different political systems operate in practice. His ability to dissect these complex systems and articulate their underlying logic is a testament to his enduring intellectual legacy and provides a valuable framework for understanding political realities across time and cultures.
评分The intricate web of influences that Montesquieu weaves in "The Spirit of the Laws (Volume II)" continues to astonish me, particularly his extensive discussion on the impact of climate and geography on legal systems. It’s a bold assertion, suggesting that the very air we breathe and the land we inhabit can shape our laws and, by extension, our character. While initially I might have approached this premise with a degree of skepticism, Montesquieu’s detailed historical and sociological arguments gradually persuade me of the significant, albeit not deterministic, role these environmental factors play. He meticulously details how different climates might foster different temperaments, influencing everything from a society's propensity for indolence or industry to its receptiveness to certain forms of governance. The sheer volume of historical evidence he marshals to support these claims is impressive, demonstrating a scholar’s dedication to substantiating even the most unconventional of hypotheses. This is not to say he advocates for a purely environmental determinism, but rather that these are crucial considerations within the broader constellation of factors that contribute to the "spirit" of laws. His ability to connect seemingly physical realities to the abstract realm of legal and political structures is a hallmark of his genius, forcing the reader to broaden their perspective on the forces that shape human civilization.
评分Montesquieu's exploration of economic principles and their connection to the laws of nations in this volume offers a particularly pragmatic dimension to his grand theory. He doesn't just focus on the abstract structures of power; he keenly observes how trade, commerce, and the acquisition of wealth are regulated by law and, in turn, how these economic activities shape legal and political development. His discussions on the free flow of commerce, the regulation of currencies, and the establishment of property rights reveal a sophisticated understanding of the economic underpinnings of societal prosperity and stability. He suggests that laws that encourage trade and protect merchants are often essential for fostering a thriving economy, which in turn can contribute to a more moderate and stable form of government. Conversely, he identifies how restrictive economic policies and arbitrary confiscation of wealth can lead to decline and social unrest. This integration of economic analysis into his broader political philosophy is crucial, as it demonstrates his recognition that a nation's laws must also be grounded in practical considerations that affect the daily lives and livelihoods of its citizens. The historical examples he employs to illustrate these points, drawing from various periods of European history, further solidify his arguments and make them relatable to enduring economic challenges.
评分The second volume of "The Spirit of the Laws" presents a captivating examination of the delicate balance of powers within a state, a concept that has, I believe, profoundly shaped subsequent political thought. Montesquieu's dissection of the legislative, executive, and judicial branches is not merely an academic exercise; it feels like a practical guide to preventing tyranny and fostering liberty. His arguments for the separation of these powers, and the necessity for each to check and balance the others, are laid out with such clarity and persuasive force that one cannot help but appreciate the foresight of his observations. He masterfully illustrates how concentrated power, unchecked and unconstrained, inevitably leads to corruption and the erosion of fundamental rights. The historical examples he draws upon, from the Roman Republic to the English constitution, serve not as dusty relics but as living lessons, demonstrating the perennial struggle to maintain a just and equitable government. What strikes me most is his emphasis on the "spirit" behind the laws, suggesting that a mere formal separation of powers is insufficient if the underlying intentions and principles are not upheld. This nuanced perspective encourages a deeper reflection on the practical implementation of these ideals and the vigilance required to ensure their enduring efficacy. It’s a testament to his intellectual prowess that he can articulate such intricate political theories with such accessible prose, making the complex world of governance feel understandable and, dare I say, even inspiring.
评分Finally, and perhaps most importantly, the enduring legacy of Montesquieu's work, as exemplified in this second volume, lies in its profound influence on the concept of liberty. While he acknowledges that different forms of government have their own unique expressions of order and stability, his ultimate admiration clearly gravitates towards systems that safeguard individual freedoms. He doesn't define liberty as a simple absence of restraint, but rather as the ability to do what the laws permit, emphasizing that true liberty exists within a framework of well-defined and justly administered laws. His meticulous exploration of how different legal systems either promote or hinder this nuanced understanding of liberty is a cornerstone of the entire work. He argues that laws designed to protect citizens from arbitrary power, to ensure due process, and to guarantee fundamental rights are essential for the flourishing of a free society. The historical examples he uses, from the English constitution to the rights of citizens in ancient republics, are not merely academic curiosities but serve as evidence for his belief in the possibility of achieving a stable society that is also inherently free. It is this deep commitment to understanding the conditions necessary for liberty that makes "The Spirit of the Laws" such a timeless and invaluable contribution to political philosophy, prompting ongoing reflection on the nature of freedom and the responsibilities of governments to protect it.
评分One of the most compelling aspects of this volume is Montesquieu’s exploration of different forms of punishment and their ethical and practical implications. He doesn't simply describe penal codes; he interrogates the very philosophy behind them, considering what constitutes just retribution and effective deterrence. His arguments often lean towards a more moderate and humane approach to punishment, contrasting it with the often brutal and excessive practices prevalent in many societies of his time. The author's emphasis on proportionality – that the punishment should fit the crime – is a cornerstone of his reasoning, and he provides a wealth of historical examples to illustrate the consequences of deviating from this principle. He clearly believes that laws, and the punishments they prescribe, should aim to foster civic virtue and societal order rather than merely enacting vengeance. This focus on the underlying principles of justice, rather than just the mechanics of law enforcement, elevates the discussion beyond a simple descriptive account. His nuanced understanding of human motivation and the potential for reform suggests a remarkably progressive outlook for his era, prompting deep contemplation on how we, in our own time, approach the concept of justice and its societal role. The intellectual rigor applied to these often grim subjects is truly remarkable.
评分The author's extended treatment of the relationship between religion and law in "The Spirit of the Laws (Volume II)" is both comprehensive and thought-provoking. Montesquieu delves into how religious doctrines and institutions can influence, and be influenced by, the legal frameworks of a society. He meticulously examines various religious traditions and their impact on moral codes, social order, and even the structure of government itself. What is particularly striking is his attempt to analyze these interactions with a degree of detachment, focusing on their societal effects rather than engaging in theological debate. He recognizes that religion can serve as a powerful force for social cohesion, providing a shared set of values and moral guidance, but also acknowledges its potential to become a source of conflict and oppression when intertwined too closely with political power. His observations on religious tolerance and the dangers of religious persecution are remarkably prescient, offering timeless insights into the challenges of maintaining peace and order in religiously diverse societies. The depth of his historical knowledge, spanning numerous civilizations and epochs, allows him to draw compelling comparisons and highlight recurring patterns in the interplay between faith and governance, making this section a cornerstone of his overall thesis.
评分Montesquieu's "The Spirit of the Laws (Volume II)" continues its profound exploration of governmental structures and their inherent influences on societies, offering a rich tapestry of historical analysis and philosophical speculation. As I delve into its pages, I am consistently struck by the author's ability to weave together seemingly disparate threads of human experience – from the climates of nations to the nuances of religious institutions – and demonstrate their intricate connections to the laws that govern them. The sheer scope of his inquiry is breathtaking, encompassing ancient republics, the monarchies of Europe, and even touching upon the nascent political experiments of his own time. What particularly resonates with me is his meticulous approach to understanding *why* laws take the form they do, rather than simply cataloging their existence. He doesn't shy away from complex causal relationships, positing that laws are not arbitrary decrees but rather emerge from a deep-seated interplay of factors that shape the very character of a people. This necessitates a certain intellectual rigor from the reader, a willingness to engage with historical precedents, geographical considerations, and even the subtle psychological predispositions that Montesquieu argues are fundamental to grasping the spirit of a legal system. It's a book that rewards careful, contemplative reading, and each chapter seems to unveil another layer of understanding about the multifaceted nature of human governance and its enduring impact on the human condition. The author’s ability to maintain a consistent, yet adaptable, analytical framework across such a vast array of subjects is nothing short of remarkable, prompting me to reconsider many of my prior assumptions about the origins and evolution of social order.
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