第1024章

This form， of course， differs according to different societies； the same charter or constitution is not proper for a church system and a commune， nor for a Protestant church and a Catholic church， nor for a town of one hundred thousand inhabitants and a village of five hundred. Each association has its own peculiar and distinctive features， which grade it according to its kind， according to its spiritual or temporal aims， according to its liberal or authoritative spirit， according to is small or large dimensions， according to the simplicity or complexity of its affairs， according to the capacity or incapacity of its members： features which within it are both efficient and permanent； whatever the legislator may do， these will remain and will regulate all activity. Thus let him， in each case， keep this in mind. But in all cases his office is the same； always， on drawing up and countersigning a statute， he intervenes in the coming conflict between the social instinct and the egoistic instinct； every provision which he enacts will contribute， nearby or at a distance， to the final ascendancy of the former or of the latter. Now， the legislator the natural ally of the former， for the former is his indispensable auxiliary. In every work or enterprise of public utility， if the legislator is the external promoter， social instinct is the internal promoter； and on the inner spring becoming weak or breaking， the impulsion from outside remains without effect. Hence it is that， if the legislator would accomplish anything， otherwise than on paper， he must， before any object or interest， concern himself with the social instinct[1]； thus preserving and humoring it； find room for it and its usefulness； let it have full play； getting all the service it is capable of rendering， and especially not twist or release it. - In this respect， any blunder might prove disastrous； and in every statute for each society， for each of the human vessels which gather together and serve as a retinue of individual vessels， there are two capital errors. On the one hand， if the statute， in fact and practically， is or becomes too grossly unjust， if the rights and benefits which it confers are not compensated by the duties and obligations it imposes；if it multiplies excessive burdens for some and sinecures for others；if， at last， the exploited individual discovers that he is overcharged beyond his due， - thereafter he refuses on his own to add voluntarily to his load. Let others， let the favored and the privileged bear the gratuitous， extra weight. Far from stepping forward and offering his shoulders， he gets out of the way， hides himself， and lightens his load as much as he can； he even rebels when he has a chance， and violently casts off every legal burden， be it tax or due of any kind.

Thus did the ancient régime perish. - On the other hand， if the statute withdraws the management of the ship from those who are concerned； if， on this vessel， which belongs to them， it permanently installs a foreign crew， which assumes and exercises all command， then the owner of the vessel， reduced to the humble condition of a mere subject and quiescent taxpayer， will no longer feel concerned. Since the intruders exercise all authority， let them have all the trouble；the working of the ship concerns them and not him； he looks on as a spectator， without any idea of lending a hand； he folds his arms， remains idle， and becomes critical. - Against the first defect， the new régime is on its guard： there must be neither the preferred nor the disgraced， neither favors nor exemptions， neither exclusions nor releases， no more misappropriation， embezzlement， or robbery， not alone in the State， but elsewhere in any direction， - in the department， in the commune， in the Church， or in educational and benevolent institutions. It excels in practicing distributive justice.

The second defect is its hidden flaw： the legislator having introduced this into all local and special statutes， its effects differ according to different societies； but all these effects converge， paralyzing in the nation the best half of the soul， and， worse still， to leading the will astray and perverting the public mind， transforming generous impulses into evil outbursts， and organizing lasting inertia， ennui， discontent， discord， feebleness， and sterility.[2]

II. Local Community.

Local societies. - Their principal and distinctive character. - Their type on a small scale. - A dwelling-house in Annecy or Grenoble. -Compulsory association of its inmates. - Its object and limits. -Private in character.

Let us first consider local society whether a province， a department， or a county. For the past ten years (1789-99)， the legislator has unceasingly deformed and assaulted. On his side， he refuses to open his eyes； preoccupied with theories， he will not recognize it for what it is in reality， a society of a distinct species， different from the State， with its own peculiar aims， its limits marked out， its members prescribed， its statutes drawn up， everything formed and defined beforehand. As it is local， it is founded on the greater or less proximity of its habitations. Thus， to comprehend it， we must take a case in which this proximity is greatest that of certain houses in some of our southeastern towns， as， for example， Grenoble and Annecy.