Of Attempts, Accomplices, and Pardon.


  The laws do not punish the intention; nevertheless, an attempt, which manifests the intention of committing a crime, deserves a punishment, though less, perhaps, than if the crime were actually perpetrated. The importance of preventing even attempts to commit a crime sufficiently authorises a punishment; but, as there may be an interval of time between the attempt and the execution, it is proper to reserve the greater punishment for the actual commission, that even after the attempt there may be a motive for desisting.

  In like manner, with regard to the accomplices, they ought not to suffer so severe a punishment as the immediate perpetrator of the crime: but this for a different reason. When a number of men unite, and run a common risk, the greater the danger, the more they endeavour to distribute it equally. Now, if the principals be punished more severely than the accessories, it will prevent the danger from being equally divided, and will increase the difficulty of finding a person to execute the crime, as his danger is greater by the difference of the punishment. There can be but one exception to this rule, and that is, when the principal receives a reward from the accomplices. In that case, as the difference of the danger is compensated, the punishment should be equal. These reflections may appear too refined to those who do not consider, that it is of great importance that the laws should leave the associates as few means as possible of agreeing among themselves.

  In some tribunals a pardon is offered to an accomplice in a great crime, if he discover his associates. This expedient has its advantages and disadvantages. The disadvantages are, that the law authorises treachery, which is detested even by the villains themselves, and introduces crimes of cowardice, which are much more pernicious to a nation than crimes of courage. Courage is not common, and only wants a benevolent power to direct it to the public good. Cowardice, on the contrary, is a frequent, self-interested, and contagious evil, which can never be improved into a virtue. Besides, the tribunal which has recourse to this method, betrays its fallibility, and the laws their weakness, by imploring the assistance of those by whom they are, violated.

  The advantages are, that it prevents great crimes, the effects of which being public, and the perpetrators concealed, terrify the people. It also contributes to prove, that he who violates the laws, which are public conventions, will also violate private compacts. It appears to me that a general law, promising a reward to every accomplice who discovers his associates, would be better than a special declaration in every particular case; because it would prevent the union of those villains, as it would inspire a mutual distrust, and each would be afraid of exposing himself alone to danger. The accomplice, however, should be pardoned, on condition of transportation. -- But it is in vain that I torment myself with endeavouring to extinguish the remorse I feel in attempting to induce the sacred laws, the monument of public confidence, the foundation of human morality, to authorise dissimulation and perfidy. But what an example does it offer to a nation to see the interpreters of the laws break their promise of pardon, and on the strength of learned subtleties, and to the scandal of public faith, drag him to punishment who hath accepted of their invitation! Such examples are not uncommon, and this is the reason that political society is regarded as a complex machine, the springs of which are moved at pleasure by the most dexterous or most powerful.



作者序 - 来自《统一与分裂》

幼时读《三国演义》,对第一回的一段话“天下大势,分久必合,合久必分”印象极深。待读到最后一回《降孙皓三国归一统》时,觉得真如作者所说,东汉合久必分,三国分久必合;对此话也就更加佩服了。   以后学了一点历史,却对此话渐渐产生了疑问:从秦朝到清朝这二千年间,虽然确实时分时合,但未必都是分合的循环:至于分了多久才能合,合了多久又要分,就更难说了。至受业于季龙(谭其骧)师,开始研究中国历史地理时,才感到要说清此话的实际含义实在很不简单。不仅如此,对中国历史上的统一和分裂以及与此相关的一系列问题,就连学术界还没有……去看看 

基辛格秘密访华动身那天,台湾驻美“大使”沈剑虹登门求见。基辛格说,这是他平生经历的十分痛苦的一次会晤。 - 来自《毛泽东尼克松在1972》

一九七一年七月一日,就在基辛格晚上就要启程去秘密访问北京的时候,他正为即将来临的行动不安地憧憬着。尽管他充满着信心,又觉得心中无底。也不知是鬼使神差、上帝的安排,还是命中注定要使他的行动充满戏剧性,台湾驻美“大使”沈剑虹先生来到白宫,要求与基辛格会晤。  事后,基辛格将他与沈剑虹的这次会晤,当作他“平生经历的十分痛苦的一次会晤”。  具有绅士风度、外表精明干练的沈剑虹走进办公室与他握手时,他眼中闪过一丝痛苦的光。他很快就恢复常态装作乐哈哈地与沈剑虹说起话来。  “你好。博士先生,听说你晚上就要出……去看看 

七 - 来自《葛定国同志的夕阳红》

这真是他们内心很痛的一块。凭什么那些什么事情都不懂的、长得还是娃娃一样的歌星们扭一扭就赚那么多的钱,他们实在搞不懂。那么扭一扭有什么好看?实在是没有什么好看,可是就赚到钱了!所有人的钱袋都在一天一天鼓起来,只有他们的钱袋是在一天一天地瘪下去。葛定国同志口袋里那一点点钱还要用来养老,要买轮椅,要买各种各样名目繁多的自费药,最后,当自己不能动了的时候,还要请一个身强力壮的护工来为自己翻身擦澡,总之,葛定国同志必须要保护好自己的钱袋。  西西太了解自己的父亲了。因此西西是做好了充分准备这回得大放一次血。 ……去看看 

Lecture 11 : Rights of Capture by Land - 来自《国际法(英文版)》

Before I leave the group of subjects discussed in the more recent lectures, it may be well to say something on a branch of the law of war by land which tries to regulate incidents of belligerency that cause sometimes as much suffering and very constantly more irritation than actual hostilities. This is the law of the capture of property in land war. I said in a former lecture that a war by land resembles a maritime war in the principles which are applied to the capture of pro……去看看 

第三编 交换 第25章 论各国在同一市场上的竞争 - 来自《政治经济学原理》

第一节 一国能以低价驱逐另一国的原因  重商主义的用语和学说,依然是所谓销售阶级(与购买者或消费者有别)政治经济学的基础。在重商主义的用语中,最常见或最危险的用语莫过于“廉价销售” (undorsellins)一词。过去人们说,现在人们还是时常说,应以低价驱逐别国,而不是被别国所驱逐,这几乎好象是生产和商品在世间的唯一目的。数百年来,各国商人之间普遍存在着敌对情绪,而看不到各商业国家利害关系的普遍一致,即商业国家可以从相互的繁荣中得到好处。这种注重商业的精神在欧洲历史上的某一时期曾是战争的主要原因,现在则……去看看