UTOPIA
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第32章 BOOK VII(3)

They have but few laws, and such is their constitution that they need not many. They very much condemn other nations, whose laws, together with the commentaries on them, swell up to so many volumes; for they think it an unreasonable thing to oblige men to obey a body of laws that are both of such a bulk and so dark as not to be read and understood by every one of the subjects.

They have no lawyers among them, for they consider them as a sort of people whose profession it is to disguise matters and to wrest the laws; and therefore they think it is much better that every man should plead his own cause, and trust it to the judge, as in other places the client trusts it to a counsellor. By this means they both cut off many delays, and find out truth more certainly: for after the parties have laid open the merits of the cause, without those artifices which lawyers are apt to suggest, the judge examines the whole matter, and supports the simplicity of such well-meaning persons, whom otherwise crafty men would be sure to run down: and thus they avoid those evils which appear very remarkably among all those nations that labor under a vast load of laws. Every one of them is skilled in their law, for as it is a very short study, so the plainest meaning of which words are capable is always the sense of their laws. And they argue thus: all laws are promulgated for this end, that every man may know his duty; and therefore the plainest and most obvious sense of the words is that which ought to be put upon them; since a more refined exposition cannot be easily comprehended, and would only serve to make the laws become useless to the greater part of mankind, and especially to those who need most the direction of them: for it is all one, not to make a law at all, or to couch it in such terms that without a quick apprehension, and much study, a man cannot find out the true meaning of it; since the generality of mankind are both so dull and so much employed in their several trades that they have neither the leisure nor the capacity requisite for such an inquiry.

Some of their neighbors, who are masters of their own liberties, having long ago, by the assistance of the Utopians, shaken off the yoke of tyranny, and being much taken with those virtues which they observe among them, have come to desire that they would send magistrates to govern them; some changing them every year, and others every five years. At the end of their government they bring them back to Utopia, with great expressions of honor and esteem, and carry away others to govern in their stead. In this they seem to have fallen upon a very good expedient for their own happiness and safety; for since the good or ill condition of a nation depends so much upon their magistrates, they could not have made a better choice than by pitching on men whom no advantages can bias; for wealth is of no use to them, since they must so soon go back to their own country; and they being strangers among them, are not engaged in any of their heats or animosities; and it is certain that when public judicatories are swayed, either by avarice or partial affections, there must follow a dissolution of justice, the chief sinew of society.