education (n.) Look up education at Dictionary 1530s, "childrearing," also "the training of animals," from Middle French education (14c.) and directly from Latin educationem (nominative educatio), from past participle stem of educare (see educate). Originally of education in social codes and manners; meaning "systematic schooling and training for work" is from 1610s. The Instructions of Catherine II to the Legislative Commission of 1767 1. The Christian Law teaches us to do mutual Good to one another, as much as possibly we can. 2. Laying this down as a fundamental Rule prescribed by that Religion, which has taken, or ought to take Root in the Hearts of the whole People; we cannot but suppose that every honest Man in the Community is, or will be, desirous of seeing his native Country at the very Summit of Happiness, Glory, Safety, and Tranquillity. 3. And that every Individual Citizen in particular must wish to see himself protected by Laws, which should not distress him in his Circumstances, but, on the Contrary, should defend him from all Attempts of others that are repugnant to this fundamental Rule. 4. In order therefore to proceed to a speedy Execution of what We expect from such a general Wish, We, fixing the Foundation upon the above first-mentioned Rule, ought to begin with an Inquiry into the natural Situation of this Empire. 5. For those Laws have the greatest Conformity with Nature, whose particular Regulations are best adapted to the Situation and Circumstances of the People for whom they are instituted. This natural Situation is described in the three following Chapter I 6. Russia is an European State. 7. This is clearly demonstrated by the following Observations: The Alterations which Peter the Great undertook in Russia succeeded with the greater Ease, because the Manners, which prevailed at that Time, and had been introduced amongst us by a Mixture of different Nations, and the Conquest of foreign Territories, were quite unsuitable to the Climate. Peter the First, by introducing the Manners and Customs of Europe among the European People in his Dominions, found at that Time such Means as even he himself was not sanguine enough to expect. 8. The Possessions of the Russian Empire extend upon the terrestrial Globe to 32 Degrees of Latitude, and to 165 of Longitude. 9. The Sovereign is absolute; for there is no other authority but that which centers in his single Person that can act with a Vigour proportionate to the Extent of such a vast Dominion. 10. The Extent of the Dominion requires an absolute Power to be vested in that Person who rules over it. It is expedient so to be that the quick Dispatch of Affairs, sent from distant Parts, might make ample Amends for the Delay occasioned by the great Distance of the Places. 11. Every other Form of Government whatsoever would not only have been prejudicial to Russia, but would even have proved its entire Ruin. 13. What is the true End of Monarchy? Not to deprive People of their natural Liberty; but to correct their Actions, in order to attain the supreme Good. 14. The Form of Government, therefore, which best attains this End, and at the same Time sets less Bounds than others to natural Liberty, is that which coincides with the Views and Purposes of rational Creatures, and answers the End, upon which we ought to fix a steadfast Eye in the Regulations of civil Polity. 15. The Intention and the End of Monarchy is the Glory of the Citizens, of the State, and of the Sovereign. 16. But, from this Glory, a Sense of Liberty arises in a People governed by a Monarch; which may produce in these States as much Energy in transacting the most important Affairs, and may contribute as much to the Happiness of the Subjects, as even Liberty itself. 63. In a word, every punishment which is not inflicted through necessity is tyrannical. The Law has its source not merely from Power [but also from] Nature.... 68. Crimes are divisible into four classes: against religion, against manners [morality], against the peace, against the security of the citizens.... 74. I include under the first class of crimes [only] a direct and immediate attack upon religion, such as sacrilege, distinctly and clearly defined by law.... In order that the punishment for the crime of sacrilege might flow from the nature of the thing, it ought to consist in depriving the offender of those benefits to which we are entitled by religion; for instance, by expulsion from the churches, exclusion from the society of the faithful for a limited time, or for ever.... 76. In the second class of crimes are included those which are contrary to good manners. 77. Such [include] the corruption of the purity of morals in general, either public or private; that is, every procedure contrary to the rules which show in what manner we ought to enjoy the external conveniences given to man by Nature 82. The greatest Punishment for a bad Action, under a mild Administration, will be for the Party to be convinced of it. The civil Laws will there correct Vice with the more Ease, and will not be under a Necessity of employing more rigorous Means. 83. In these Governments, the Legislature will apply itself more to prevent Crimes than to punish them, and should take more Care to instil Good Manners into the Minds of the Citizens, by proper Regulations, than to dispirit them by the Terror of corporal and capital Punishments. 84. In a Word, whatever is termed Punishment in the Law is, in Fact, nothing but Pain and Suffering. 85. Experience teaches us that, in those Countries where Punishments are mild, they operate with the same Efficacy upon the Minds of the Citizens as the most severe in other Places. 123. The Usage of Torture is contrary to all the Dictates of Nature and Reason; 210. Proofs from fact demonstrate to us that the frequent use of capital punishment never mended the morals of a people.... The death of a citizen can only be useful and necessary in one case: which is, when, though he be deprived of liberty, yet he has such power by his connections as may enable him to raise disturbances dangerous to the public peace. 226. If there be two Crimes, which injure the Community unequally, and yet receive equal Punishment; then the unequal Distribution of the Punishment will produce this strange Contradiction, very little noticed by any one, though it frequently happens, that the Laws will punish Crimes which proceed from the Laws themselves. 448. Each law ought to be written in so clear a style as to be perfectly intelligible to everyone, and, at the same time, with great conciseness. For this reason explanations or interpretations are undoubtedly to be added (as occasion shall require) to enable judges to perceive more readily the force as well as use of the law… 449. But the utmost care and caution is to be observed in adding these explanations and interpretations, because they may sometimes rather darken than clear up the case; of which there are many instances [in the existing laws]. 511. A Monarchy is destroyed when a Sovereign imagines that he displays his power more by changing the order of things than by adhering to it, and when he is more fond of his own imaginations than of his will, from which the laws proceed and have proceeded. 512. It is true there are cases where Power ought and can exert its full influence without any danger to the State. But there are cases also where it ought to act according to the limits prescribed by itself. 522. Nothing more remains now for the Commission to do but to compare every part of the laws with the rules of this Instruction. Source: The Grand Instruction to the Commissioners Appointed to Frame a New Code of Laws for the Russian Empire: Composed by Her Imperial Majesty Catherine II. (London, 1768).
Posted on: Sun, 29 Sep 2013 00:46:15 +0000
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