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作者: deepoo

  • 杨阳:从“受命于天”到“内圣外王”——先秦时期君权合法性的理论建构

    一、正统与合法性:概念解读与问题意识

    中国历史上的王朝,有些“其兴也勃,其亡也速”,有些则江山牢固,国祚绵长,还有些在遭遇重大危机后,仍能长期偏安一隅,甚至再度“中兴”。对这种现象,古人论之,多以君主特别是开国之君的“德行”“恩泽”“政绩”等加以解释 。武力强大如秦朝,之所以“一夫作难而七庙堕,身死人手,为天下笑者”,根本原因就是“仁义不施,而攻守之势异也”(《贾谊集·过秦论上》)。周王朝国祚长达800年,是因为它以仁德立国,汉王朝“君天下四百年”,是因为它政绩斐然、“恩泽深渥” 。总之, “帝王之受命,其上以德,商周是也;其次以功,汉唐是已”,而“德”“功”之所以重要,是因为“德足以绥万邦,功足以勘大乱,皆足以莫民也”。也就是说,在他们看来,能否安抚民心、赢得民众的支持,是决定国祚长短的关键。

    罗素在讨论统治和权力的时候,曾敏锐地发现“作为有效力的法律,它依赖舆论甚至要比依赖警察的权力为多”,指出“不以传统或赞同为根据”的“赤裸裸的权力”,不仅缺乏效力,且难以长久 。国家意志和政策目标只有与人们自我实现的需要高度耦合,才能将实现和实施过程的阻力降低到最低程度——这一点,即便是高度迷信权力的法家也曾清晰洞见 ,而政治统治需要得到被统治者的认可和自愿服从才能稳定长久,也是中国古代政治思想家们的共识。

    这就是对合法性的认识,尽管他们都没有使用合法性这一用语。在中国历史上,人们更习惯使用“正统”或“正闰”来指称具有合法性的政权,而将“夷狄行中国之事”和“人臣篡君之位”称为“僭”和“逆”(《郑思肖集·杂文》),也将“贼后篡政”建立的政权排除在正统之外,认为“有天下不可比于正统者三:篡臣也,贼后也,夷狄也”(方孝孺《逊志集》卷2)。这显然都是基于儒家“华夷”“君臣”“夫妇”等道德原则形成的判断,也表明儒家伦理原则在古人的合法性认知中占据着支配地位。正如饶宗颐所言:“正统”一词,“正之为义尤重于统”,“得国之正”的道德性要求优先于世袭制下对血缘统序的要求 。

    合法性认知以儒家伦理为基础,当然属于道德判断。若撇开这种判断所依托的具体价值信念,就能发现这与当代学界对合法性的认识存在明显的契合之处。合法性(Legitimacy)概念,自马克斯·韦伯(Max Weber)提出以来,已成为“现代政治生活的核心问题”和“政治思考与政治实践的中心议题”。按通常理解,它是指一种政治统治能够被被统治者认为是正当的、合乎道义的,从而自愿服从或认可的能力与属性 。这一定义大体反映了韦伯的本义,只是韦伯更强调“任何统治都企图唤起并维持对它的‘合法性’信仰” 。

    统治者怎样才能唤起并维持合法性信仰呢?恩格斯注意到提供公共产品的重要性,指出:“政治统治到处都是以执行某种社会职能为基础,而且政治统治只有在它执行了它的这种社会职能时才能持续下去。” 李普塞特(Seymour Martin Lipset)强调统治的“长期持续的有效性”,并认为这种有效性主要表现为“持续不断的经济发展” 。公共服务供给和政绩当然有助于赢得被统治者的支持,但似乎都还不足以“唤起”社会的“信仰”。越来越多的学者将合法性视为一种道德判断,如伊斯顿(David Easton)就将人们的支持区分为“特定支持”和“散布性支持”,认为散布性支持不是来自个人对自身利益的考量,而是基于内心的“道义原则和是非感” 。

    个人的道义原则和是非感是在社会价值系统的平台上孕育生长出来的,会体现出与该系统相同或相近的价值倾向。在马克思看来,这个价值系统本身就是意识形态的核心部分,它在国家公开或隐形暴力的支持下,通过系统的制度化机制,控制着人们的精神世界,形塑了人们的世界观、价值观和政治情感取向,以至于“通过传统和教育承受了这些情感和观点的个人,会以为这些情感和观点就是他的行为的真实动机和出发点”。

    社会价值系统、认知模式和情感偏好的形成,是一个复杂而漫长的过程。中国传统合法性观念的生成,也是持续的理论建构、特定思想的意识形态化、上升为意识形态的特定思想通过制度激励机制充分社会化这三种历史进程累积叠加的结果。对这个问题的深度发掘和系统清理,远非一人之力可以完成。1990年代初,笔者与友人合作完成了《顺天应人:圣人革命》 ,以“汤武革命”为中心,对先秦儒家的君权合法性理论进行了初步探讨;此后的多篇论文,也曾涉及相关问题,特别是2017年的《“受命于天”与中国古代施政观念的形成——商周政治思想述论》,对中国传统合法性观念的起源和早期形态做了较为系统的梳理 。2018年,张星久推出的《“圣王”的想象与实践——古代中国的君权合法性研究》 ,堪称是迄今为止关于中国传统合法性问题最有分量的研究著作,但其探讨偏重于“实践”,更像是政治文化传统的研究之作,对前文所言三个历史过程中的“理论建构”用力较少,这也为本文的探讨留下了空间。

    张星久认为,虽然合法性问题的讨论会涉及政体、政权和统治者(权威人物)三个层次,但由于古人大多怀有“普遍王权”的信念,从未对君主专制政体的合理性提出过真正的质疑,所以中国历史上的合法性问题就只能“是对一个具体政权的认同与支持与否的问题” 。这是很有见地的认识,在坚信以王权为中心的政治秩序是唯一合理的秩序模式的情况下,这种秩序形式本身就是思想立论和逻辑推理的前提,又怎能成为思想界质疑和讨论的对象 ?因此,中国古代对合法性问题的讨论,就只能集中在政体以外的其他两个层次,尤其是王朝政权上。由于古人更习惯用君主指代“王朝政权”,本文也将使用“君权合法性”的概念。

    如前文所述,本文讨论的是君权合法性的理论建构,故采取政治思想史的研究路径。就个人研究所见,在中国历史上,对君权合法性的理论建构大致始于殷商中后期,经过春秋时期的发展,到战国确定了主要内容和整体框架,至西汉引入天人感应和五德始终之说后大体完成。其间历时近1500余年,涉及众多的思想家和不同的思想流派,时间跨度之大,包含内容之多,绝非一篇论文所能详述。好在商周时期有关合法性观念的萌生、发展和基本形态,笔者已有专文讨论,故本文可以将讨论的重点集中于春秋和战国时期,至于对秦汉时期的进一步发展与定型的讨论,只能留待以后了。

    二、受命于天与生民立君:上帝与受命王者的神秘契约

    “受命于天”观念的起源很早,其产生和存在的基础是“交感思维”和“宇宙生命一体化”信念。远古时期,人们笃信巫术,相信万物有灵,以为万物之灵可以相互流转,故认为人可以通过特定的方式与神灵沟通,了解神灵的意志。在普遍相信神灵主宰人类命运、决定人类生死祸福的社会里,掌握和垄断与神灵沟通、传达神灵意志的权力,就成为实现和巩固政治统治的先决条件,也是统治者证成其政权合法性的主要途径。

    在中国早期国家起源阶段,颛顼就以“绝地天通”的方式结束了“家有巫史”的传统,以政治首领兼领了宗教领袖的权力。那些传说中的圣王——尧、舜、禹等,也大多是身兼大巫师的政治领袖。这表明章学诚所说的“官师治教合”(《文史通义·原道中》)——政权与教权一元化的权威结构,在中华文明的起源阶段业已形成 。既然在远古时代,“许多酋长和国王所拥有的权力,在很大程度上归之于他们兼任巫师所获得的声誉” ,也就不难理解自颛顼以后的早期政治领袖为何要把持巫术权力了。殷商时期,“王者虽为政治领袖,同时仍是群巫之长” 。商王通过垄断最重要的巫术法器(青铜器)、亲自主持重要的祭祀仪式、掌握占卜结果的最终解释权等方式,向他的臣民反复宣示对神—人沟通权力的独占。为更好地昭示自己作为“众王之王”的特殊性 ,商王还修改了作为斧钺象形的“王”字的字形,这与西周初年出现的“天子”称谓一样,都是为了更好地宣示“王”才是代天施政的唯一代表 。

    一些商王也意识到,上帝的授命不是无条件的,需要受命者承担起相应的政治责任。正如盘庚公开申明的那样:“予迓续乃命于天,予岂汝威,用奉畜汝众”(《尚书·盘庚中》)。虽然并非所有的商王都有这样的认识 ,但在盘庚、祖尹等看来,芸芸众生,“罔非天胤”(《尚书·高宗彤日》),都是上帝所生,上帝将他们交付给商王,就是希望这些民众能够更好地生息繁衍,受命的商王必须担当起“畜众”的责任,否则就会失去天命。

    虽然“畜众”责任与商王拥有的巨大权力相比,显得不成比例,但将政治责任的担当视为王者受命的条件,不论是对当时的政治实践,还是对合法性等政治观念的创新和发展,都具有重要意义。“受命于天”的信念起源于巫术时代,本有王命天定之意,将“畜众”责任引入其中,不仅淡化了其原有的命定论色彩,也厘定了这一观念的基本框架,使其内含的神—王之间的契约特征开始清晰可见。“受命于天”,就是上帝与王者之间的一个神秘约定,王者以担当某些特定政治责任的承诺,赢得了上帝的授命与庇护。

    商灭夏和周克商两次天命转移的历史经验,使周公产生了强烈的“忧患意识” ,形成了“惟命不于常”(《尚书·康诰》)的认识。这使周公对“受命于天”观念做出了创造性的发展。首先,周公将天(上帝)设想为公正无私的存在,授命与否或天命是否转移,完全取决于受命者的作为,所谓“天非虐,惟民自速辜”(《尚书·酒诰》)。这极大地凸显了受命者的主体责任,在一定程度上弱化了天的主宰能力,使“受命于天”观念框架中的授命和受命的双方关系发生了一定的变化。其次,周公将商人的“畜众”责任,拓展为一整套以“敬天保民”为纲领的政治行为和政策规范体系。从“往敬用治”(《尚书·君奭》)、“治民袛惧,不敢荒宁”(《尚书·无逸》)的施政态度,到“明德慎罚”(《尚书·康诰》)、“尚克用文王教”(《尚书·酒诰》)等施政原则,再到“无淫于观,于逸、于游,于田”(《尚书·无逸》)等生活自律,直至“爽惟民迪吉康”“作新民”(《尚书·康诰》)等施政目标,差不多涵盖了君主治国理政的所有方面,极大地强化了合法性理论对现实政治的指导和规范作用。最后,周公突破了天命只能通过巫术活动才能探知的传统认识,提出“天畏棐忱,民情大可见”(《尚书·康诰》),通过观察民情就可以了解天命的思想。

    徐复观认为,“周人建立了一个由‘敬’所贯注的‘敬德’‘明德’的观念世界,来照察、指导自己的行为,对自己的行为负责,这正是中国人文精神的最早出现。” 这一说法虽然没有错误,却有轻视天命信仰和巫术传统影响力的嫌疑。周公的确极大地凸显了受命者的主体责任,但这并不足以撼动天的主导地位,他提出了因民情而知天命的新途径,却无法改变西周社会遇事则行卜筮的行为习惯。事实上,当武庚和三监之乱爆发引起西周社会的普遍恐慌时,周公为了说服贵族,仍不得不搬出“宁王遗我大宝龟” (《尚书·大诰》)——用传统的占卜之法来证明周人的天命并没有转移 。周公只是祛除了“受命于天”观念中的命定论因素,通过强调受命者的主体责任,将对该问题的认识由神秘主义导向理性主义,并通过对这种责任的系统归纳,为后世施政确立了基本规范。周公的思想和实践所带来的人文之光,即便曾经耀动一时,也不足以照亮整个西周社会;它只是将中华早期文明推向了辉煌的顶峰,并没有推开新时代的大门。

    三、生民立君到立君为民:春秋时期“受命于天”观念的演进

    商周宗教是依托巫术信仰建立起来的,不可避免地带有巫术的“信仰的肉身化”和“信仰的仪式化”这两大特征,先天就内含向世俗世界挪移和转变的动能。这种转变,在殷商中后期已经出现,到西周初年达到了高峰。周公制定了大量的规制王室和贵族的行为规范,并将其塞入“礼”的范畴,使原本主要作为宗教仪式规范的“礼”,转变为融“神法”和“世俗法”于一体的制度规范体系。宗教规范和政治规范的互渗,一方面,会强调在政治生活中要保持在宗教活动中才有的“敬惧”态度,另一方面,也会降低宗教活动的神圣性,宗教活动最终流变成为形式主义的例行公事,只是时间的问题。

    西周末年,持续的政治衰败和社会动荡,引发了强烈的不满情绪,诗人的吟唱,由最初的“念我独兮,忧心殷殷”(《小雅·正月》)和“何辜于天,我罪伊何”(《小雅·小弁》)的自怨自艾,演变成“先祖匪人,胡宁忍予”(《小雅·四月》)“家父作诵,以究王訩”(《小雅·节南山》)的对祖先和周王的强烈质疑。虽然仍有诗人坚持“下民之孽,匪降自天”(《小雅·十月之交》),但既然天主宰一切,自然灾害、人间不公、“我王不宁”等不幸的发生,它就难辞其咎,最终得出“昊天不惠”“昊天不平”(《小雅·节南山》)和“浩浩昊天,不骏其德”(《小雅·雨无正》)等结论就是顺理成章的。这些被后人称为“怨天尤人”的情绪汇聚成对天的善意和公正性的质疑,虽没有摧毁天命信仰,却足以促使人们重新思考自己与神灵的关系。

    许倬云分析了《左传》中20多例春秋人对天的看法,认为大致可分为两类:“一类是人事決于天命的畏天论,一类是天命因于人事的修德论。” 将一切委诸天命的畏天论,在中国历史上从未绝迹,出现在“祛魅”大幕徐徐拉开的春秋时期,更是不足为怪,值得注意的是后面这类认识。虽然当时人们仍习惯将祭祀等活动作为国家的头等大事(《左传·鲁成公十三年》:“国之大事,在祀与戎”),保留着“天事恒象”(《国语·周语》)的信念,每遇重大行动,仍要借助卜筮做出决策,但是复杂的政治环境、日趋激烈的列国竞争,都促使人们越来越多地依据现实需要采取行动。他们循着周公因民情而知天命的认识,发展出了“民为神主”的思想,将长期隐身在“受命于天”观念中的“民”拉出了水面,以重塑天、王、民三者关系的方式,开启了君权合法性理论建构的新阶段。

    公元前706年,楚国入侵随国。随侯认为自己一向恭谨侍神,神灵一定会保佑随国。贵族季梁指出:“夫民,神之主也。是以圣王先成民而后致力于神”,随侯虽恭谨侍神,却无视民众的疾苦,造成了“民各有心,而鬼神乏主”(《左传·鲁桓公六年》)的局面,想获得神灵佑护是不可能的。公元前644年,宋襄公要用活人祭祀,司马子鱼反对,理由是:“民,神之主也。用人,其谁飨之?”(《左传·鲁僖公十六年》)这里的“民为神主”,当然不是在说民是神的主人,“主”是“主使”之意,表达的意思是神意由民意所决定。

    这种认识,当时也表述为神“依人而行”“惟德是依”和“惟德是辅”。公元前672年,虢公命祝史祈求神灵赐给自己土地,史嚣由此断定虢国必将灭亡。在他看来,“神聪明正直而一也,依人而行”,虢公一味迷信神灵,不修内政,民心离散,又怎能不亡?接着,他说出了那句后世习惯引用的名言:“国将兴,听于民;将亡,听于神。” (《左传·鲁庄公二十二年》)公元前655年,晋借道虞国伐虢,宫之奇以唇亡齿寒为由建议拒绝。虞侯以为“吾享祀丰洁,神必据我”。宫之奇反驳说:“鬼神非人实亲,惟德是依。故《周书》曰:‘皇天无亲,惟德是辅。’……如是,则非德,民不和,神不享矣。神之凭依,将在德矣。”(《左传·鲁僖公五年》)

    神明察秋毫、公正无私,其意志完全由民众的意愿所决定,民众意愿又完全取决于统治者的现实作为,而神所嘉许的现实作为就是符合“德”的行为。据张铉根考察,“德”字起源很早,在《诗经》中出现70多次,在《尚书》中出现200次以上 。虽然剔除普遍被怀疑是伪作的《古文尚书》的相关篇章,“德”字在《尚书》中出现的次数会打些折扣,但其在商周时已被广泛使用应是没有问题的。在当时,“德”字或单独使用,或与“行”连用 ,主要是用来概括和赞美统治者的正确行为,多与政策、政绩相联系。周公在这一意义上大量使用过“德”字,春秋人大多也是这样理解“德”的含义 ,所以诸如“抚民”“亲民”“恤民”“安民”“利民”“惠民”“和民”,乃至“视民如子,辛苦同之”,都属于史嚣、宫之奇所说的“德”的范畴。于是,“受命于天”的观念在春秋人的解读中呈现为统治者施行德政—获得民意支持—上帝授命的理论架构。

    春秋时期,人们对上述问题的探讨大多还属于如何争取民意支持的策略性考量,但也有人开始将目光转向了更根本的问题:既然上帝公正无私、不偏不倚,那么它到底会把君主与民众哪一方的利益放在首位?公元前614年,邾文公要迁都,命史官占卜,结果是“利于民而不利于君”,邾文公仍坚持迁都,理由是:“苟利于民,君之利也。天生民而树之君,以利之也。民既利也,孤必与焉。”(《左传·鲁文公十三年》)设立君主,目的就是“利民”,民众的利益就是君主制度存在的目的 。在中国历史上,这堪称是石破天惊的论断!然而,春秋人的思想突破并未就此止步。公元前559年,卫国贵族发动政变,追杀出逃的卫献公,晋侯认为这种行为实在过分。师旷不以为然,反驳说:“天生民而立之君,使司牧之”,目的是让民众更好地生息繁衍,倘若君主无道,致使“困民之主(生),匮神乏祀,百姓绝望,社稷无主”,这样的君主,“将安用之,弗去何为”?师旷进一步解释说:“天之爱民甚矣,岂其使一人肆于民上,以从其淫,而弃天地之性?必不然矣。”(《左传·鲁襄公十四年》)

    春秋时期,贵族发动政变杀掉或驱逐君主,是很常见的事情,时人在讨论原因时,也不乏“民弃其上,不亡何待”(《左传·鲁昭公二十三年》)之类的看法。但这些看法多是对某位君主丧失权位原因的客观分析,并没有表达出对这种行为正当性的认可。但是师旷上述之论则完全不同,他已明确反抗暴君行为的正当性。他不再将天看作是不偏不倚、全无情感偏向的客观存在,而是将天想象为具有“爱民”情怀的慈父。在民众与君主之间,师旷让天站在了民众一边,结果是在“受命于天”的合法性理论中,嵌入了有权反抗暴政的内容,尽管他并没有明确将这种反抗的权利交付给民众 。

    四、天志与明鬼:墨家学派对君权合法性理论的建构

    如前文所揭,春秋时期,“受命于天”的合法性理论出现了三个重要变化。首先,主宰之天被明显虚化,变成了“依人而行”“惟德是辅”的被动之天。其次,民意决定和支配天的意志,“人民同意”成为君权赢得合法性的决定性因素。第三,暴力推翻严重悖逆君主行为规范的暴君,是上天爱民意志的呈现。

    徐复观认为,春秋时期是“礼的世纪,也是人文的世纪” ,天命信仰的消解、礼的隆起、重民论的滥觞,都支持这一看法。然而,春秋毕竟只是中国轴心时代理性革命的起始阶段,刚刚走出传统的观念茧房,面对剧烈变动的世界,人们的思考不免表现出明显的过渡性特征;创新性观念很多,时常火花四射,但缺乏逻辑连贯性和理论系统性。经由他们的重新阐释,“受命于天”的观念结构发生了重大变化,也留下了许多理论盲点。将民意作为君主受命的根本依据,但民众的意愿要通过什么方式才能准确表达出来?将君主政绩(德)看作是决定民意的根本力量,政绩与君主内在品质又是何种关系?将主宰之天转变为虚化之天,传统的“天谴”“天罚”信念弱化之后,又以何种力量约制君权使之规范运转?反抗和推翻暴政是正义之举,那么谁有权成为这种行为的主体?

    承接春秋的战国时期,“礼仪中的亲亲精神一天天地稀薄,并演变向权谋术数、凌弱暴寡的方向” 。当道德考量被逐出政治生活,合法性问题便很难进入政治思想的论域。法家认为政治角力实力为王,道德不过是权力意志的呈现 ,他们和沉醉于权谋诈术的纵横家一样,关心的是通过何种策略和方法获取权力,并不在意这种策略和方法的正当与否。杨朱、庄子一系的道家将国家和文明看作是“匡人之形”的大牢笼,大体秉持无政府立场,当然也不会讨论这一问题。故而战国时期,虽是“百家蜂起”,但真正参与君权合法性理论建构的主要是儒家和墨家。

    墨子基本接受了“受命于天”的理论框架。他驳斥命定论,讥讽那些失去政权的“暴王”将亡国的原因归于命运的做法 ,这使他特别强调统治者政治责任的重要性,认定政权存亡,完全“存乎上之为政也”(《墨子·非命下》)。在他看来,人本生来“自爱”“自利”(《墨子·兼爱上》),人之间的相处,必定会出现“人是其义,以非人之义”的“交相非”的局面,甚至会发生“天下之百姓,皆以水火毒药相亏害”的惨剧(《墨子·尚同上》)。面对这种情况,孔子等儒者认为通过道德感召式的教化可以使人“有耻且格”,但墨子认为这是缘木求鱼,因为人世间,父母、读书人、君主众多,但“仁者寡”,提倡效法他们,以他们为榜样,与其说是让人们学好,毋宁说是让人们学坏(《墨子·法仪》)。在这一情况下,也就只有“天”作为样板可以让人们去效法了。为此,他重拾了天的权威。

    在墨子这里,“天”是“欲义而恶不义”(《墨子·天志上》)的爱憎分明的情感之天,是“爱天下之百姓”的“至仁”之天,是带有“兼相爱”“交相利”等特定意志取向的天。在一个天逐渐被虚化、圣人日益凸显的时代,墨子逆流而动,从破败的西周观念殿堂中抬出神性之天,填充进自己的政治主张,当然是希望放大“兼相爱”“交相利”等主张的权威性。正如杨庆堃所言,把“道德意义注入原本和道德无关的自然力之中”,可以“赋予道德的秩序以先天的公正性”。但是思想主张对现实的干预能力,往往需要以现世的赏罚为基础。《诗经·大雅·抑》中原有“投我以桃,报之以李”的诗句,墨子从中引申出“爱人者必见爱也,而恶人者必见恶也”的人际交往互动逻辑(《墨子·兼爱下》),并将这种逻辑推演至天人之间。这虽然使天看上去像是“根据明确的道德计算行动的神” ,但却能很自然地得出从天所欲必得“天赏”,逆天而行定受“天罚”的结论。

    墨子要求统治者“动作有为,必度于天,天之所欲则为之,天所不欲则止”(《墨子·法仪》),称之为“顺天意”。在他看来,“顺天意者,兼相爱,交相利,必得赏。反天意者,别相恶,交相贼,必得罚”(《墨子·天志上》)。然而,谁来执行赏罚呢?墨子搬出了鬼神充当天志的执行者。伍非百以为“墨子以鬼神二灵,皆能作祸福于人间,而助天行志” 。当时社会普遍相信鬼神可以控制人的生死祸福,墨子选择鬼神来承担代天赏罚的责任,就是想利用这种普遍信仰来增强“天赏”和“天罚”的现实感和威慑力。他批评儒家扬圣抑天而黜鬼神的理性态度 ,以极其夸张的修辞赋予鬼神以圣人无法企及的无限能力。他说:“故鬼神之明,不可为幽闲广泽,山林深谷,鬼神之明必知之。鬼神之罚,不可为富贵众强,勇力强武,坚甲利兵,鬼神之罚必胜之。”(《墨子·明鬼下》)

    正如赖伯然所言:“墨家将逐渐褪去神性的‘天’拉回圣坛,于超验世界中建构起一个具有无限权威的神圣意志;‘天志’的所欲所恶,决定了人间的所赏所罚。” 在政治生活日益走向现实主义,观念世界日趋理性主义的战国时代,墨子上述尊天明鬼借助神秘的外在权威做支撑的思想主张 ,即便能盛极一时,也不免昙花一现的命运。时代没有站在墨子一边,但时间可以终结这个时代。当理性主义的思想潮流逐渐消退之后,以董仲舒为代表的汉儒终于重回墨子的思维路径,再度将充分儒家化的“天”抬升到至尊地位,并以天人感应理论充分吸纳了“天赏”“天罚”观念。这也清楚地表明,在君权合法性理论建构中,墨家学派虽处配角位置,但其思想贡献仍是不应被埋没的。

    五、天与人归与内圣外王:儒家学派对君权合法性理论的再发展

    据张铉根统计,“天命”一词在《论语》中共出现三次 ,但都与“受命于天”无关。《论语》所录孔子言论,直接与君权合法性相关的大概也只有《八佾》中的一条 。孔子将政治理解为正己正人的道德感召过程(《论语·颜渊》:“政者,正也”),认为统治者“其身正,不令而行;其身不正,虽令不从”(《论语·子路》),遂更多地聚焦为政者的道德品质,强调“克己复礼”(《论语·颜渊》)“学礼”“知礼”“约之以礼”,做到“自讼”“自省”,要求为政者通过“修己”,以榜样的力量,达到“安人”“安百姓”的目的。这些思想看似与君权合法性无关,但孔子对为政者内在品质首要性的强调,却有力地推动了外在的功德之“德”向内在的品德之“德”的转变。孔子之后,上天授命凭依的“德”,主要所指逐渐由外在的政绩转变为统治者的内在品质,这为“内圣外王”命题的最终出现奠定了基础。

    孟子将“受命于天”的观念表述为“天与人归”。所谓“天与”,其背后的逻辑是天子之位是上天授命所得,在位天子可以向上天推荐自己的继承人,但需要得到上天的认可。因为“天不言”,它表达意见的方式是“以行与事示之”,所以天的意见如何,必须通过观察研判方能得知,方法是:“使之主祭而百神享之,是天受之;使之主事而事治,百姓安之,是民受之。”(《孟子·万章上》)在孟子看来,天向人们传达的意见,会在被举荐人职务活动中反映出来,若被举荐人主持各种祭祀活动,都取得了“百神享之”的效果 ,就说明天已经接受;在主持政务过程中,他处理得井井有条,百姓都安居乐业,就说明百姓也已接受。

    本来万章所问是尧是否曾将天子之位传授给舜,孟子最初的回答也是“天子不能以天下与人”,舜继天子位是“天与之”,但在进一步解释天的意见如何呈现时,却引出了民意是否接受的问题。这看起来似乎答非所问,但背后自有其逻辑。孟子的“天与之”,本来就内含“民受之”。所以天意固然需要以“百神享之”的方式呈现,也需要诉诸民意的表达,孟子最后引《泰誓》中“天视自我民视,天听自我民听”来结束本次问答也说明了这一点。

    “民安之”只是“民受之”的被动表达,孟子还提到了多种民意的主动表达形式,如以歌谣等表达支持意见,“讴歌者,不讴歌尧之子而讴歌舜”(《孟子·万章上》);出现各种纠纷争讼,双方会不约而同地找其裁决,“讼狱者,不之尧之子而之舜”(《孟子·万章上》);民众携其子弟投奔归附,“民归之,犹水之就下”(《孟子·梁惠王上》);在举兵征伐过程中,每到一地,民众都自发走上街头,“其君子实玄黄于篚以迎其君子,其小人箪食壶浆以迎其小人”(《孟子·梁惠王上》)。若将民意扩展理解为人心,将社会上层纳入,还包括“天下诸侯朝觐者,不之尧之子而之舜”(《孟子·万章上》)。就这样,孟子通过对民意表达形式的归纳,将春秋以来反复强调的“人民同意”主张具体化了。

    在孟子这里,民意也表述为民心。“桀纣之失天下也,失其民也;失其民者,失其心也。得天下有道,得其民,斯得天下矣。” (《孟子·离娄上》)那又如何争取民心呢?孟子说:“得其心有道,所欲与之聚之,所恶勿施,尔也。”(同上)关键要“与民同之”“乐民之乐,民亦乐其乐;忧民之忧,民亦忧其忧”(《孟子·梁惠王下》)。为争取民心,孟子还设计出系统的制度方案,这就是他的仁政之说。

    但是仁政等举措能否实施,则取决于君主是否有“不忍人之心”。“有不忍之心,斯有不忍人之政矣。”(《孟子·公孙丑上》)所谓“不忍人之心”,又称“恻隐之心”,是“四端”之一,是人特有的趋向于善的内在因素或能力。孟子认为,人只要在生活中努力养护和扩展这种善端,就能实现做人成圣的使命 。强调君主要具备“不忍人之心”,也就是对君主德性提出了要求。孟子认为,德性是“天爵” ,有德之人理应身在高位,所谓“唯有德者宜在高位”。这不仅是因为“不仁而在高位,是播其恶于众也”,更重要的是还会导致国家政权的倾覆,“三代其得天下也以仁,其失天下也以不仁”(《孟子·离娄上》)。

    得民心须行仁政,行仁政又要求君主必须有“不忍人之心”,“天与之”的前置条件最终聚集于君主的德性,“圣”与“王”终于走到了一起。正如我曾多次指出的,儒家以“人必须为尧舜”赋芸芸众生以做人成圣的宗教性义务,再以“人皆可以为尧舜”将“成圣”大门向全社会开放,最终将个体做人成圣的业绩作为政治分层的依据,而圣人自然会被放置在权力的顶层 。但是这种“内圣外王”的想象与实际经验存在明显反差,孟子还需要作出相应的解释。

    首先,孔子何以不王?孟子的解释是:“匹夫而有天下者,德必若尧舜,而又有天子荐之者,故仲尼不有天下。”(《孟子·万章上》)在另一处,孟子又说,孔子、伯夷、伊尹这样的圣人,“得百里之地而君之,皆能以朝诸侯有天下”(《孟子·公孙丑上》)。在这里,内圣外王被设置了前提条件,若是有“百里之地”的实力派,命题自然成立,若是无权无势的平民,就需要现任天子的举荐。

    其次,商汤文武固然都是内圣而外王,但他们的子孙却显然达不到内圣的标准。对这种情况,孟子解释说:“苟为善,后世子孙必有王者矣。君子创业垂统,为可继也,若夫成功,则天也。”(《孟子·梁惠王下》)在儒家的“亲亲”原则下,先祖功业所带来的恩泽在血脉相传中传递给子孙,子孙即便达不到内圣,也可以合法地君临天下。因此,内圣外王的逻辑,按孟子本意,仅适用于创业之君。

    基于内圣外王的想象,孟子创造出儒家特色的“圣王—暴君”结构,为革命、变置、反抗等理论的提出奠定了基础。如前文所揭,春秋时已出现了肯定推翻暴君统治正当性的观念,孟子通过对这种行为较为仔细地分析,发展出了儒家的反抗暴政的理论。

    孟子以“出乎尔者,反乎尔者也”的理由,肯定了民众背弃君主和官员的行为。邹国与鲁国发生边境冲突,邹国官吏33人被杀,邹穆公抱怨民众见死不救。孟子指出,边境发生灾荒的时候,百姓流离失所,这些官吏却无动于衷,瞒报灾情,现在这些官吏被杀,民众见死不救,岂不是合情合理的行为(《孟子·梁惠王下》)?

    本着“民为贵,社稷次之,君为轻”的原则,孟子提出“诸侯危社稷,则变置”的主张(《孟子·尽心下》)。所谓“变置”,是指同姓重臣以政变形式废立君主。他提出当君主“有大过”时,“贵戚之卿”要反复进谏,若君主拒不纳谏,“贵戚之卿”可以行废立之事。这里的“贵戚之卿”,是指君主的同姓重臣。至于其他大臣,面对“有大过”的君主,在反复进谏君主不听的情况下,可以选择辞职,但无权擅行废立(《孟子·万章下》)。

    尧舜以禅让得位,汤武则以革命登基,孔子更推崇前者,认为不仅“尽美”,而且“尽善”(《论语·八佾》)。这种认识,在孟子这里已经消失。自夏以后,改朝换代都是通过暴力手段完成的,赋予暴力革命的正当性,是成功构建合法性理论、构造圣王—暴君理论解释框架的关键。因此,在孟子这里,汤武革命被赋予更崇高的道德意义。他认为失去民心的桀纣已失去了君主身份,变成了“一夫”,而汤武因“海内归心”已成为实际的君主,他们的革命行为不过是行使天子的诛杀之权,根本不存在“弑君”的问题(《孟子·梁惠王下》)。

    当然,手段也不是不重要。尧舜以禅让得位,孔子之所认为更可取,是因为这种方式不会造成生命损失。孟子认为因为作为革命主体的圣人具有“行一不义,杀一不辜而得天下,皆不为也”的悲悯情怀,革命目的也只是“诛一夫纣”(《孟子·公孙丑上》),其过程也不会造成更多的流血,而“解民倒悬”“救民水火”的最终结果,反而更能突显暴力革命的正义性。

    变置、禅让和革命,不论采取哪一种方式取得政权,其合法与否关键在于行为动机。在解释舜继尧位为何属于“天与之”时,孟子指出舜并无代替尧之子成为天子的主观动机。他说尧三年丧期结束后,舜躲避到了南河之南,真诚地希望尧之子继位,只是在社会的一致吁求之下,才最终继位为天子。若尧一死,舜就“居尧之宫,逼尧之子”,那就不再是“天与”,而是“篡”了(《孟子·万章上》)。在谈到伊尹放太甲的故事时,他说:“有伊尹之志则可,无伊尹之志,则篡也。”(《孟子·尽心下》)所谓“伊尹之志”,朱熹解释就是“公天下无一毫之私者”。在谈到汤武革命的动机时,孟子也一再强调不是为了“富有天下”,而是“为匹夫匹妇复仇”“救民于水火之中”(《孟子·滕文公下》),是“一怒而安天下之民”(《孟子·梁惠王下》)。

    荀子是孟子之后又一位儒学大师。他反对孟子的性善论,认为承认人先天具有为善的道德资源,在逻辑上会将做人成圣看作是不假外求的过程,会否定外在权威存在的必要性。为此,他以性恶论在人性与人本质之间制造出对立关系,将做人成圣看作是通过改造人性而不断“积伪”的过程。因人的内在道德资源已被性恶说所褫夺,则礼仪、君师、圣王等外在权威就成为帮助人们实现存在意义的根本保障 。虽然荀子通过上述理论有力地论证了君主专制制度存在的必然性和合理性,但他很少直接论及君权合法性问题。在偶尔谈到相关问题时,也多是在重申孟子天与人归的观点。

    《荀子·大略》曾言:“天之生民,非为君也。天之立君,以为民也。故古者列地建国,非以贵诸侯而已,列官职,差爵禄,非以尊大夫而已。”但并未进一步展开论述。荀子将“常有天下之籍”“亲有天下之籍”、能否号令民众作为判断是否具有君主身份的标准,提出在汤武革命前,汤武与桀纣的身份已经逆转,汤武因“海内之民莫不愿得以为君师”——已成为实际上君主,桀纣因已“不足以执天下之籍”,无法再号令民众,已经变成事实上的臣民。在这种情况下,汤武革命的本质就是君主诛杀独夫的行为,根本不存在“篡逆”的问题。他明确提出“天下归之之谓王”和“能用天下之谓王”的结论(《荀子·正论》),前者是对孟子“得人心者得天下”的重申,后者则是从“得民心”的结果(能用天下)所做出的反推。从结果反推原因,存在着将道德评判庸俗化的风险——真正的道德评判总是着眼动机而不是结果。不过,对荀子来说,强调革命者动机的纯洁性是困难的。因为在他看来,有欲望,甚至想成为天子都是“人情之所同欲也” ,所以除了强调过程中的“必不伤害无辜之民”外,也只能更多地将对君权合法性评判交给最终的结果了。

    六、结语

    来自远古的天命信仰,在商周时演化出“受命于天”的观念,它以上帝与王者之间要约的形式,将畜众和保民的责任作为统治合法性的承诺,深深嵌入了中国早期君主政治的运行过程。春秋时期,出现了“民为神主”“惟德是辅”的社会共识,伴随天主宰能力的下降,民由周公思想中传递上帝意愿的“灵媒”,转变为决定上帝意志的最终力量。邾文公、师旷等提出“立君为民”说,重置了“受命于天”理论框架中的君民关系,是春秋时期最具现代意义的创见,并由此引导出反抗暴政行为正当性问题的讨论。

    神一旦只能“依人而行”,其权威性就会显著弱化。墨子将自己的政治主张抬升为“天志”,作为评判王权合法与否的基本准则,又祭出鬼神去执行“天罚”,可谓用心良苦,但在战国理性主义大潮面前,也只能昙花一现。仅就君权合法性理论建构而言,孟子是先秦用力最多、贡献最突出的思想家。他以“天与人归”的命题整合了春秋以来的天意即民意、立君为民、有权反抗暴政等思想,归纳出合法获得君权的多种形式。他将天意所属和民心所归引向了君主的德性,强调行为背后的动机,最终以内圣外王之说,确定了儒家君权合法性理论在本质上属于道德判断这一主体特征。

    政绩或功德之“德”转变为品德之“德”,孔子以来周公的外在之“德”的内在化,是孟子提出内圣外王说的前提。与孟子的其他主张一样,内圣外王之说,在实际政治生活中,也未免“迂远而阔于事情”。首要的问题是,在失去天的威慑之后,儒家倡导的纲常规范如何能为社会,特别是大权在握的君主所遵守?君主政治会不会变成脱缰的野马?数百年后,以董仲舒为代表的汉儒通过再造天的权威,将内圣外王理论重新纳入天的主宰之下,最终完成对儒家合法性理论的再构建。其次的问题是可操作性。内在圣性本难测量,主观动机,外人也无法知晓。荀子尝试抛开动机,采取结果主义,将内在品德之德再度理解为政绩或功德之“德”。虽然“能用天下之谓王”,不过是成王败寇的另一种说法,但却成为后世最常见的评判方式。饶宗颐注意到,宋朝人讨论正统问题,就多偏重以是否实现江山一统作为判断依据。在现实生活中,动机和圣性,都远不如结果和功德那样清晰可见,“统一天下的功业就具有了反证统治者‘有德’与‘得民心’‘得天命’的功能” 。但是这样一来,儒家君权合法性理论道德判断的属性就会被严重削弱,以至于在政治实践中蜕变成对当权王朝和当今天子的道德粉饰。

    然而,对专制政治残酷现实的粉饰,虽不是孟子的本意,却是统治者制造自身合法性的重要手段。内圣外王的政治想象,随着儒学的意识形态化,逐渐转变为一种普遍的政治信念和认知模式。它不仅有通过追认王朝存续的正当性进而唤起整个社会服从的功能,对王朝政治也有规范和矫正的作用。它内含的君德要求和理政原则,制约和规范着君主的个人行为和朝廷的政策选择,也赋予精英社会评点朝政、裁量是非、批评君主的道德勇气和理论依据。此外,孟子论述的尧舜禅让、汤武革命和贵戚之卿变置等政权更迭方式,都成为合法取得政权的典型范式,在他身后中国历史上一再出现。

    本文来源:《政治学研究》2024年第2期

  • 张功耀:朱砂与垃圾科学[节编]

    文章首发于2013年,原名《朱砂、垃圾科学与年薪》

    2013年,网上爆出某仁堂生产的40多种中成药含朱砂,被香港卫生当局责令召回,禁止销售。

    朱砂入药始于晋代。最初是道家把它入药的。据葛洪写的《抱朴子》记载,有人发现临沅县(今湖南省常德市)境内一户姓廖的人家,世世代代都长寿。究其原因,居然是这户人家的井里埋了十斛朱砂。由此,道家突发奇想,把朱砂炼出来,一定比水泡出来,更加有效。从那以后,道家就开始用朱砂炼丹,以图帮助人们延年益寿了。

    朱砂入药之后,出现了朱砂到底有没有毒的分歧。魏朝的吴普说,朱砂无毒。梁朝的甄权说,朱砂有大毒。与李时珍同时代的何孟春则说,“朱砂性寒、无毒,入火则热而有毒,能杀人,物性随火而变”。何孟春的这个话,北宋的沈括在《梦溪笔谈》(卷24)中也说过。沈括的一位表兄的徒弟,曾经将一块冲洗过的朱砂服进了肚里,当晚就出现了“懵冒”,终于“一夕而毙”。对此,沈括很不理解。一种婴儿都可以服用的养心安神之药,何以会把一个大男人给毒死了?于是,沈括便把它记在了《梦溪笔谈》里。

    现在的人比沈括进步多了。沈括当年不理解的,现在的人已经能够理解了。这就是汞中毒。有人说,天然的朱砂无毒。这是错误的。事实上,已经有人将朱砂列为三大最毒中药(朱砂、雄黄、乌药)之首,也有人将朱砂列为十大最毒矿物(朱砂、雌黄、辉锑矿、铜铀云母、雄黄、石棉、方铅矿、硫砷铊铅矿、胆矾、碲化汞)之首。足见朱砂的毒性是如何了得。

    朱砂,在说英语的国家叫cinnabar。如果用古汉语直译,它也可以被翻译成朱砂。因为这个词的基本含义就是“砖红色”。

    据查,在世界范围内,只有印度和中国将朱砂入药了。古代南美洲人民曾经用朱砂做过颜料,但没有入过药。有趣的是,他们对朱砂有毒可谓了若指掌,如数家珍。他们发现的朱砂中毒症状包括,肌无力、身体颤抖、意识不清,严重的可以致死。这些认识与沈括的记载不谋而合。

    除南美洲之外,在西班牙离马德里225千米的一个地方,叫阿尔马登(Almadén),那里的朱砂矿曾经裸露在外。古罗马人占领那个地方的时候,发现那里的人普遍容易患上与呼吸系统或神经系统相关的怪病,寿年也特别短。当地人非常害怕,都纷纷迁走了。罗马人占领西班牙以后,竟然把那个地方用来处死奴隶和死囚。足见,古代西班牙人和罗马人知道朱砂有毒。

    在知识爆炸的时代,要特别警惕“垃圾科学”。

    “垃圾科学”这个术语不是科学哲学家最早提出来的,而是美国司法部1985年第一次使用的。它原指那些违背基本的科学常识、实验规范和逻辑要求,却以科学的名义流行起来的虚假的科学。大约这样的科学经常进入法庭,惹得美国的司法部门生气了,所以就得了这样一个诨名。这个概念提出来以后,震动了科学哲学界。进入90年代以后,科学哲学家把“垃圾科学”的概念扩大了不少。凡是用虚假实验数据做出来的科学,社会学家认为可能危害人类生存环境和生命安全与健康的科学,还有在历史的进步中遭遇淘汰的科学,都被列入了垃圾科学。

    为了让更多的人从垃圾科学的欺骗当中觉醒起来,下面我再一次地对某些专家鼓吹的陈词滥调做些分析。

    第一个陈词滥调:游离汞有毒,但朱砂入药自古有之,如果炮制好,配伍好,遵照医嘱合理用药,不仅无毒无害,更可以治愈疾病

    刚才我已经列举了甄权、沈括和何孟春这三位古中国人对朱砂有毒的论述,也列举了南美洲和欧洲历史上关于朱砂有毒的记载。它表明,历史上对朱砂有毒早就有了一定的认识。所谓“自古有之”,只能作为古人认识水平落后的标志,却不能作为可以继续愚昧下去的理由。至于“炮制好”和“配伍好”以什么做标准,用什么方法来评价,到目前为止,中毉药界连“混账的糊涂话”都还没有说出来。实实在在是一句毫无辩解价值的空话。

    事实上,朱砂是不可能被“炮制”和“配伍”到无毒状态的。

    朱砂的基本化学成分是硫化汞。由于朱砂含汞,西方国家早就禁止在内服药当中掺入汞元素。加上在他们国家的历史上从来没有过朱砂入药的记载,所以,他们对朱砂入药的安全性和有效性问题的讨论,完全没有兴趣。这种状况,给中毉药界“填补空白”和取得“领先于世界的科研成果”创造了不可多得的机会和条件。

    当今世界,汞中毒已为全世界所重视。这种重视是从化工工业延伸出来的,不是从朱砂入药延伸出来的。汞中毒与马兜铃科植物中毒相比,更加令人不安。马兜铃科植物中毒仅限于泌尿系统,或致膀胱癌,或致肾功能衰竭和肾癌,目前还没有发现影响其它系统的报道。汞中毒则不同,它可以侵害神经系统、呼吸系统、消化系统、循环系统、肝脏、肾脏、骨骼,等,多个系统和器官。而且,中毒途径也比马兜铃科植物更广。肠胃消化,呼吸,膜吸收,均可致汞中毒。其中,最严重的汞中毒莫过于水俣病(Minamata disease)。这是1956年在日本发现的一种汞中毒疾病。它的基本症状是肌无力、意识障碍、视野变窄(我国俗称“对子眼”)、失聪、语言表述不清,严重的甚至可致精神失常、昏迷,数周内即可死亡。今年的1月19日,全世界147个国家的医疗卫生专家联合起草了《预防汞水俣病公约》,期望在今年10月正式签署为国际性的约束文件。

    在如此严重的汞中毒流行的背景下,中国政府不重视朱砂入药的安全性问题已经不行了。于是,朱砂入药的安全性问题终于成了我国医学科学界的一个热门话题。

    遗憾的是,几乎所有中国人做出来的有关朱砂入药安全性问题的研究,全都是带着“弘扬中毉药文化”的理论义务做的。稍微有点科学哲学常识的人知道,任何带着预期的理论义务所做的研究,都可能陷入“围绕结论找证据”的哲学陷阱之中。所以,目前我们所能看到的有关朱砂入药安全性科研成果,无一例外地都是垃圾。

    在我的学术视野中,只有一篇有关朱砂入药的综述性论文勉强可读。这篇文章是三位中国人和两位外国人合写的。它发表在《皇家医学杂志》上,标题是《传统医学中的汞:朱砂的毒性与通常的汞一样吗》(Mercury in Traditional Medicines: Is Cinnabar Toxicologically Similar to Common Mercurials)。其中的三位中国作者来自贵州中毉药大学和遵义医学院,署名在前;两位外国人来自美国国家癌症研究中心,署名在后。他们声明自己的研究动机是,为朱砂入药提供科学的咨询意见。可是,他们所得出的结论却十分滑稽:朱砂入药比单质汞入药安全得多。

    在我看来,这个话等于没说!

    我曾经在一次学术会议上听到过类似的“高见”,作者经过洋洋洒洒“理论和实践相结合”的论述之后,得出一个结论说:“制约我国西部经济发展的最大问题是水的问题”。还有中国科学院的某个研究机构,“经过实地调查”之后也得出一个结论说,“北京市交通最通畅的时间段是凌晨两点到四点”。这样的科学研究成果,在我看来,都与没有说一样。

    值得注意的是,在这五位先生发表这篇综述性的论文之后不久,两位意大利药物学家,泡罗(Paolo D. Pigatto)和吉安泡罗(Gianpaolo Guzzi),联合发表了一篇“微评论”文章,题目是《朱砂的临床毒性》(The Clinical Toxicity of Cinnabar)。他们提出了五点批评意见。其中最值得我们重视的批评意见是,没有提醒读者注意,人体对朱砂中的汞元素存在与剂量无关的特异性非过敏反应;有关“依地酸钙钠可以解汞中毒”的结论,没有证据。

    记得我当年学习中毉的时候,医书上介绍使用朱砂的方法是“另包,水飞服”。其做法是,将朱砂用白布另外包好,不要放在其它药物一起去煎熬,而是放在备好的碗里,把熬好的汤药冲进碗里,待汤药冷却到一定程度之后,再把朱砂拿出来,喝那个药汤就行了。这样做,朱砂当然是无毒的。因为常温下朱砂的水解度小于0.001克/升。此时的朱砂根本就没有进到身体里边去,而是原原本本地从白布包里边被拿出来了。

    “现代中毉”使用朱砂的方法,仿佛不是我当年学中毉的那种做法了。倒像沈括的表兄所带的那位徒弟,直截了当地把朱砂吃进肚里去了。这就是找死了。事实上,朱砂在被加工成粉末的过程中,已经有部分汞元素变成游离汞了。汞在常温下是液态的,357℃即可气化。气化后的汞很容易被吸入人体,从而引起呼吸系统的汞中毒。此外,经过物理加工和加热煎煮之后产生出来的游离汞,一旦与盐酸或甲烷发生化学反应,就可以生成升汞,甲基汞或二甲基汞。这些物质所具有的毒性比单质汞高许多倍。其中,甲基汞的毒性比单质汞高1000倍以上。身体里边累积甲基汞达到10毫克,足以使一个70公斤的健壮男人在两周之内毙命。这就是明朝何孟春所讲的朱砂“入火则热而有毒,能杀人”的奥秘所在。值得注意的是,中毉药界至今蔑视这样的毒理,声称这个毒理属于“西方科学”。一群蔑视汞中毒病理的人,自我标榜说可以找到“合理的”配伍和炮制方法,除去朱砂的毒性,我实在想象不出,有哪些愚不可及的人会相信这样的鬼话。

    第二个陈词滥调:用毒药是中毉的一大特色。西药当中有许多药也是有毒的。所以,中毉用毒药也是正常的。

    这是比任何垃圾科学还要垃圾科学的垃圾科学。

    众所周知,在很长一段时间内,中毉中药一直标榜“纯中药制剂,无毒副作用”,现在他们终于承认“用毒药是中毉的一大特色”了。

    是的,西药当中也有许多是有毒的。但是,中毉用毒药和西医用毒药有着本质上的不同。这一点,我不知道说过多少遍了。概括地说,西医当中的毒药是可控制的,可代谢的,结果明了的,甚至是可预知的。中毉使用毒药全都是不可控制的,不可代谢的,结果不明了的,甚至,对中药到底有没有毒,哪些中药有毒,哪些中药没有毒,中毉界至今茫无所知的。正由于这样,鲁迅先生才把中毉叫做“有意或无意的骗子”。

    下面这个例子也是我多次举过的。

    发明抗生素是医学史上一次重大的进步。如果没有抗生素的发明,现在的人类恐怕依然平均活不过40岁。绝大部分人还会因为无法控制的细菌或寄生虫感染,而失去得老年病的机会。现在有那么多的人得“老年病”,从某种意义上说还是抗生素对人类做出的一大贡献。但是,抗生素是有毒的。并且,“抗生素有毒”是医生和药物学家从一开始就知道了的。

    西医药物学家明明知道抗生素有毒,为什么还要用呢?中毉界的人完全不懂医学史,也不懂西药研究与制造的药理,多次借这个话题给西医西药“扣屎盆子”。事实上,西医安全使用毒药的信心首先源自“艾尔利希魔弹实验”。20世纪初,德国药物学家艾尔利希通过605次的失败之后,找到了利用毒药治病而不严重伤害人体的方法,也就是,在使毒药毒死细菌和寄生虫的同时,可以确保人体自身的安全。这些药物仿佛可以分清敌我的“魔弹”,能够有选择性地杀伤敌人,而不杀伤自己人。药物代谢动力学兴起之后,人们又进一步地发现,可以通过药物的代谢动力学实验去判断药物的安全性。这样,使用毒药治病就已经有了“双保险”了。加上这些毒药的分子式在进行药物代谢实验之前就已经弄清楚了,它又为在极端情况下实现对药物安全性的人工控制,奠定了可靠的基础。如此,被批准入市的西医毒药,就有了第三副保险带了。遗憾的是,像西药研制中的“艾尔利希魔弹实验”,药物的代谢动力学实验和分子结构测定,在中药研究中是无法进行的。所以,到目前为止,还没有任何中药的毒副作用是事先可预知的,也没有任何有毒中药的毒理是事先就清楚了的,因而,没有任何中草药的毒副作用具有人工可控制性。一个是可以控制的,一个是不可控制的,二者怎么可以同日而语,相提并论呢?

    第三个陈词滥调:中毉用药讲药性,西医用药讲成分。用西医方法评价中毉方法是不尊重中毉。

    坦率地说,谁尊重我们的生命,我们就尊重谁;谁蔑视我们的生命,我们就蔑视谁。这是没有商量的余地的。

    至于“中药讲药性”,从来就不聪明,而今更显愚昧。对此,宋朝的寇宗奭早就批评过了。现在的中毉泰斗还拿它当宝贝,实属不智。比如说,寒、凉、温、热之间存在着递进关系。可是,有哪一位中毉药教授或中毉药泰斗可以把它们之间的递进关系界说清楚?中毉生连这个最基本的问题都说不清楚,凭什么要我们相信他们“依据药性用药”是合理的呢?

    中毉生只是朦朦胧胧地知道“西药讲成分”,却完全不知道西医如何讲成分。其实,“西药讲成分”,首先就要求进入人体的成分尽可能地单纯,以便于在极端情况下进行人工控制。其次,西药不但要讲药物成分如何进去,更重要的还要讲这些成分如何出来。按照“西医讲成分”的规则,凡是只能进去不能出来的东西,都不能被批准入药。可是,到目前为止,中药的绝大部分成分进出人体的关系至今不明。比如说,重金属进入人体之后,需要找到恰当的螯合剂,才能使重金属从人体当中被拿出来。可是,螯合剂并不是那么容易找的。没有找到螯合剂,这些重金属就是只进不出的东西。中毉生用药,只讲进去,不讲出来,这怎么可以与“西药讲成分”相比呢?

    “中毉讲药性”至今讲得含含糊糊,所以在临床上也是混乱不堪。假若一个人因为吃寒药而中毒,中毉生绝没有把握说,可以用热药急救。反之亦然。更何况中药的药性从来都是中毉生自己胡乱标榜出来的。它既没有确定性的经验描述,更没有丝毫的实验依据。木通曾经被标榜出来的药性是“辛、平、无毒”,中毉生一直拿它来为产育期妇女催奶。但它现在却被暴出可致肾癌和膀胱癌。如果“中毉讲药性”是有效的,则我们不禁要问,沈括的表兄手下的那位徒弟,在服用朱砂之后出现“懵冒”,是因为凉得太厉害呢,还是因为热的太厉害呢?假若是热得太厉害,中毉生可以用寒药拯救么?假若是凉得太厉害,中毉生又可以用热药去拯救么?千百年来,中毉生一直就是这样糊里糊涂地跟我们“讲药性”,一天到晚拿着我们的生命开玩笑,叫我们如何尊重他们呢?

    非常巧合,我在拿到2013年5月25日的《科技日报》的同时,也拿到了当天的《潇湘晨报》。后者在B1版刊出了一则《九芝堂前高管讨薪》的消息。

    它的原委是这样的:

    2013年4月17日,九芝堂召开了第五届董事会,接受了总经理程继忠的辞职。原因是,程继忠在2012年的任内,企业的净利润持续下滑。一季度下滑11.87%,半年报再下滑13.8%,三季度再下滑19.47%。四季度更邪门,继续下滑了73.12%。在程继忠的任上,程总聘用了两名高管负责销售。一个是王道东,负责非处方药销售;另一个是李玉荣,担任媒介总监。中药通过媒介吹牛扩大销售,这是大家都看见了的秘密。大约为了调动这两位高管的积极性,程继忠曾经口头答应他们分别60万元和50万元的年薪。其中的一半,以工资形式发放;另一半则以绩效奖励形式发放。由于绩效下滑,他们都没有拿全程继忠口头许诺过的年薪。于是,就有了“九芝堂前高管讨薪”的那一幕。

    我已经多次讲过,医药消费属于“不得已消费”。医药消费高,并不意味着生活质量高。这与其它生活消费是不同的。我在课堂上谈到医药经济的时候,也多次讲述过一个基本的医药经济学原理:药市场依赖于医市场,医市场依赖于病市场。

    遗憾的是,我国的病市场、医市场和药市场往往是相互背离的。在国际上,普通感冒是最小的医药市场。在我们中国,它竟然是最大的医药市场。在我看来,中药市场是最不正常的药市场。这个市场仿佛与疾病市场毫无关系。它似乎既不依赖于病,也不依赖于医。说白了,它只依赖于人民群众的愚昧程度和药品销售回扣不正之风的严重程度。民众越愚昧,药品回扣不正之风越严重,中药市场就越景气;民众越开化,中央打击药品销售回扣不正之风的力度越大,中药市场就越衰落。如果全中国有十分之一的人能够从被中毉药的愚弄中觉醒起来,恐怕所有中毉药企业都得关门。这就是那些中毉药高官和高管对我恨之入骨、咬牙蹙额的原因所在。所以,在我看来,2012年九芝堂的销售业绩下滑,实在怪不得程继忠,更怪不得王道东和李玉荣,而实在是社会的进步和人民群众的觉醒所使然。

    九芝堂是以陆九芝的名字命名的中成药生产企业。它与北京的某仁堂是同辈兄弟。某仁堂被爆出“朱砂门”,势必要影响到九芝堂。反之亦然。在我看来,九芝堂的高管讨薪在某仁堂上演不是不可能的。所以,为中毉药企业高官和高管几十万元的年薪计,才有中国中毉药协会的高官和高管粉墨登场,公开散布垃圾科学的闹剧出台。说得更展开一点,中毉药界的高管或高官频繁地活跃于政界、新闻界、科技界、教育界,都是为了那“每一个毛孔都滴着血和肮脏的东西”的年薪。所谓“优秀的中毉药文化”和“民族利益”,无非他们经常使用的遮羞布而已。

    朱砂是有毒的。垃圾科学是害人的。我们的生命是我们的。为避免受朱砂一类的毒药的危害,我们没有任何义务盲从于中毉药界的宣传伎俩,把我们的生命去做“弘扬中毉药文化”的牺牲品。

  • 马亮:政策实验室、政府创新与新文科建设

    文章略有节编。

    新文科实验室建设对于服务公共管理的教学、研究和实践,实现官产学研用的打通和融合意义重大。在公共管理实践中涌现出的政策实验室,与新文科实验室在很多方面有异曲同工之妙,二者有进一步融合的潜在空间。本文将从比较政策创新中政策与政策试点的差异切入,进而回顾政策实验室兴起和发展的历程,探讨新文科实验室建设对于政策实验和政府创新的价值,并提出进一步建设新文科实验室的对策建议。

    一、政府创新中的政策实验与政策试点

    (一)实验何以重要

    实验(experiment)往往被视为现代科学研究的黄金标准,不少人认为它是进行因果推断的不二法门。比如,2019年和2021年两届诺贝尔经济学奖都颁发给了在实地实验和因果推断方面作出贡献的经济学家。在实验中,随机对照实验(RCTs)被认为是进行政策评估的金科玉律,因为它满足了一些基本条件,使因果推断更为可靠。实验背后的思想反映在“反事实”逻辑,即我们可以通过实验来回答“假如……怎样”的问题。

    实验的主要特征包括随机化(randomization)、干预或处理(treatments)、实验环境的可控性(controllability)、“双盲”(double blind)、实验组与对照组的匹配与比较。为什么要这样设计?原因就在于要确保实验组与对照组的可比性,确保实验效应的一致性,排除环境和条件因素的干扰,避免实验人员的偏见,并确保结果归因的唯一性。

    首先,在控制组(即反事实)与实验组的分组方面要确保随机分组,即每个政策干预对象都有同等机会被选入实验或作为对照。其次,对实验组的各个政策干预对象都施加同样的干预或采取同样的处理,这样可以更好地比较其影响。再次,为了避免其他因素干扰,通常在完全受控的实验室中进行实验,而这在现实政策实验中往往难以达到,但是人们要尽可能地模拟实验室环境。复次,为了避免心理作用等带来的影响,需要确保实验对象之间独立且互不干扰,避免信息沟通带来的实验对象污染。最后,通过将实验组和对照组的前测与后测进行比较,就可以获得政策干预带来的净效应。

    不少发达国家开展的政策实验(policy experiment),就是基于行为科学与循证决策思想,通过随机对照实验和因果推断来进行政策实验,为政策决策提供有效支撑。在政策评估中,实验设计或准实验设计有助于排除其他干扰因素,评估某项政策的净效应。同时,循证实践的崛起,推动政府决策更加科学,特别是基于科学证据进行决策更加依赖实地实验提供的严谨证据。比如,行为公共管理学的发展使越来越多的公共管理研究使用实验设计,包括实验室实验、调查实验、实地实验等。

    (二)政策试点与政策实验的差异

    在政策创新中,一直存在政策试点、示范与政策实验的路径选择问题。实验主义更多强调大胆探索,而不限于科学严谨的实验法,包括实验性治理(experimentalist governance)、分级制实验(experimentation under hierarchy)、引导创变(directed improvisation)等概念。从中国改革开放来看,国家治理的优秀经验集中表现在公共政策的试点、试验与示范。

    政策试点(policy pilot)是对某项政策方案进行测试和评估,确定其是否可行有效和可以推广。政策试点既可以是试对(预设政策方案是合适的,通过试点来为其提供证据支持),也可以是试错(政策方案的可行性是不确定的,通过排除错误方案来确保正确方案脱颖而出),但其预期结果应是开放的。政策示范(policy model/demonstration)是通过树典型、立榜样、设标杆和遴选最佳实践,通过示范项目来引领其他地区和部门。一些地区被列为“先行先试区”,更多是带有探索色彩的试验;一些地区则被冠以“先行示范区”,意味着其在引领改革方面扮演重要角色。

    政策试点、示范和实验之间有何不同?不少学者对此进行了探讨,明确了试点、示范与实验的异同。从方法论角度分析,差别在于分组与抽样、干预、环境三个方面,这使政策试点和示范都是准实验,缺失严格实验的某些关键要素,进而导致对其效果进行评估时面临的方法论挑战(如表1所示)。

    1.分组与抽样

    实验设计需要设立实验组和控制组,一般采取随机分组方式,确保二者是可比的,避免选择偏差带来的实验结果偏误。实验分组需要遵循随机抽样原则,确保分组的随机性,但在代表性和典型性方面未必合理。相对来说,政策试点强调能够代表各类地区,使试点在未来推广时有更强的普适性。为了使政策试点达到预期效果,往往会采取试点地区差异最大化的原则,有目的地选择基础条件不同的若干个地方或部门,而地域多样性可以尽可能保证试点在环境不同的地区都能够同步检验。

    实验是实验人员确定谁进入何组,“被试”是被动接受实验、处理或干预的。但在选择试点单位方面,则是双向选择而非单方面分组。试点单位的选择往往是多轮次开展而非一次性进行的,一般先是上级政府部门公开征集,然后是地方政府部门自愿申报,经过上级评审遴选后公示试点单位名单。这样一来,谁参与试点都是公开的,也就难以避免试点地区之间的相互影响,以及非试点地区的学习和模仿,进而使试点效应评估面临难题。同时,选择试点的地区数量多少、是竞争性还是非竞争性的遴选、是限额还是不限额等,都存在较大差异,也使政策试点有较强的多样性。比如,2019年中央政法委启动的“全国市域社会治理现代化试点合格城市”就属于不限额且非竞争的,只要达标即可入围。

    政策示范是由点到面或以点带面地树立典型,选取的都是成功的榜样,因此没有代表性,也无随机性可言。从中央政府部门设立各种示范城市项目的初衷来看,也有较大差异,使政策示范同实验的差异各不相同。值得注意的是,在政策实验中面临的问题是,试点地区为了得到好评,导致试点很少不成功的,示范没有不成功的。在预定结果确定的情况下,地方政府可能为了实现试点成功而使试点偏离初衷,导致试点结果不可信。

    2.干预

    在实验中,实验人员对同组被试做出相同的干预(实验、操控或处理),确保实验效应是可以精准度量和比较的。但在政策试点中,政策干预的主体和方式都有所不同,因此同实验相去甚远。试点单位不是被动接受政策干预,而是主动开展有创造性的政策创设和检验。试点地区可能同时开展多种不同政策试点,有时候是加挂多块政策试点牌子。试点一个政策选项还是同时试点多个政策选项,显然会影响每项政策试点的效果。

    试点的目的是解决不知道怎么做才对的问题,带有探索性和不确定性,所以需要“摸着石头过河”。试点单位不是作为“被试”被动接受实验,而是要强调自主性和主动性。试点单位作为实验的策划者、组织者和参与者,要积极主动地争取、组织和开展实验,而这是有别于实验逻辑的。

    试点的核心是为了试验尽可能多的不同政策方案,而不是验证一种政策方案。所以,各地都是“八仙过海各显神通”,试点的方式各不相同,并尽可能突出地方的鲜明特色。实验的干预方式是预先设定的,而试点的政策方案是即兴发挥的,各地在试点过程中也会不断调整和改变。从政策试点来看,政策目标是清晰的,但政策手段是模糊的,无论是中央还是地方都不清楚,所以政策方案往往是在试点启动后才逐渐清晰和确定的。这往往是中央指导,地方创设,互学互鉴,地方成功后即全国复制推广。比如,2013年在上海试点自由贸易试验区,很快在全国其他地区设立,进而推动一大批制度改革成果复制推广。

    3.环境

    实验要求在同样的环境条件下进行,这样可以确保实验组和控制组的差异归因为实验本身。但是,各地在资源禀赋、领导重视程度、试点单位的自主性和能力等方面都有很大不同,导致政策试点效果的归因困难,一些地区甚至出现刻意栽培的“政策盆景”。因此,试点成败不仅同试点本身有关,也同试点环境有关。比如,上海浦东试点法院员额制改革,其本身效果较好,但在全国推广时却在不少地区出现“水土不服”情况。

    实验要求“双盲”,即实验人员不知道谁进入实验组,被试也不知道自己是否属于实验组。这有助于排除传染效应,而设立安慰剂组则可以进一步排除人们接受干预的心理作用。政策试点往往是地方竞争、中央遴选和完全公开,所有地区和部门都知道谁是试点单位,试点单位相互之间也心知肚明。试点单位之间相互竞争,都希望成为中央中意的政策方案,所以往往暗中较劲,甚至“只做不说”。

    同时,政策试点可能会在多层级政府中同时或序贯进行,导致政策试点的嵌套性较强。比如,政策试点不仅有国家级试点,还有省级试点和市级试点,而这种地方试点往往是在未入选国家级试点的地区进行。地方政府也会率先培育政策试点,并为申报国家级试点打好基础,由此导致试点先行带来的评估难题。

    (三)政策试点还是政策实验?

    政策创制可以使用试点、示范或实验等模式,因此,需要关注不同政策创制方式有何异同,以及为什么不同国家采取不同路径。政策创制究竟采取政策试点或示范,还是推行政策实验,取决于政治体制与行政文化,也同决策者的观念和意识有关。当然,也不应刻意将试点与实验视为二元对立的模式,它们可能从属于一个更大的连续统一体或共同谱系,只不过采取了不同的逻辑与评判标准。基于方法论的比较显示,实验可谓演绎法指导的定量研究,而试点是归纳法指导的定性研究。实验是对一个理论假设进行检验,而试点是对多个理论假设进行比较。实验生产普遍知识,而试点生产实用知识。

    西方政治体制中,不同政策方案的选择与论证需要强有力的支持,才能避免被政党利益和意识形态干扰。比如,吸烟有害健康在今天来看是确凿无疑的,人类活动毫无疑问是造成气候变化的重要原因,但要想让人接受这些观点,却需要大量坚实的科学证据基础。因此,通过政策实验获得选民支持,对于西方民主体制尤为重要。当然,严格意义上的真实验往往可遇不可求,在很多情况下也无法在实际情形中推行。相对来说,大量政策实验都是准实验(quasi-experiment),在某些方面不满足基本条件,但是可以通过一些补救措施来对实验效应进行评估。

    近年来,我国特别强调“顶层设计”,但政策试点依然有很强的生命力。如果是需要突破既有法律法规框架的创新,就需要中央授权;如果是在既定制度框架内的创新,则可以由地方自主开展。政策试点的多样性较强,不能一概而论或“一刀切”。因此,有必要建立政策试点的分类体系,并解释中央政府部门为何设立各种试点和示范项目。比如,在为什么试点方面,试点的目标不同;在谁来试点方面,发起试点的部门不同;在谁被试点方面,选取的点不同;在试点什么方面,试的方案不同;在哪里试点方面,试点的环境不同;在何时试点方面,试点的轮次和批次不同;在如何试点方面,试点的含金量不同。

    政策过程复杂而微妙,涉及许多行动者、资源和解决方案,很难通过简单的实验加以评估。政策试点的重点不在于政策试点项目本身成功与否,或者说为了产生规模效应,而是要通过政策试点结果来了解不同行动者对政策的反应。对于中国这样的大国而言,政策创制与推广之间存在很强的张力。为了避免某项政策出台后带来的大规模失败风险,往往需要采取分级制的政策试点。政策试点推广的不同阶段也遵循不同逻辑,导致试点的推广带来不同的影响。比如,中国公立医院改革试点从2010年开始分四批进行,遴选了103个试点城市。通过和106个非试点城市比较,可以识别五种不同试点组态:再接再厉型的挑战“破冰者”、取长补短型的短板“主攻手”、一马当先型的创新“排头兵”、背水一战型的逆势“突围者”、以身作则型的区域“领头羊”。

    上述讨论表明,政策试点和标准的实验设计有很多区别,而之所以不少国家和地区的政府选择政策试点而不是开展政策实验,同许多现实考虑有关。但是,鉴于实验设计在科学研究与政策创制方面的双重价值,有必要探讨如何使其融合式发展,从而既产生科学知识也提供政策知识。在某种意义上来说,政策实验室的诞生与发展部分回应了这一诉求。

    二、政策实验室的兴起与发展

    (一)政策实验室因何而起

    近年来,越来越多的国家和城市建设政策实验室(policy lab)、城市实验室、政策创新实验室或公共部门创新实验室,对政策创新进行设计、实验、评估和推广。政策实验室日益兴起,既同行为科学(behavioral science)的崛起有关,也同循证决策(evidencebased policymaking)的流行离不开。同时,政策实验室也推动智库转型,使其从思想库走向证据库,除了促进思想创新和传播,也在开发和积累科学证据。当然,以ChatGPT为代表的新一代生成式人工智能(AIGC)技术也有利于推动循证治理,通过科学证据的加速扩散和利用来提升政府决策科学化。

    政策实验室是一种对政策进行实验的组织,主要开展政策实验与政策评估,帮助决策者回答“什么奏效”(what works)和为什么。一方面,政策实验室突出创新思维,聚焦存在突出问题与严峻挑战的政策领域,通过头脑风暴、集思广益来征集政策创意和创造性解决方案。另一方面,政策实验室遵循行为科学,采用严谨的实验设计与政策评估方法,对已有政策和政策方案进行检验、评估和完善,为政府部门修改、使用和推广政策提供专家咨询与决策辅助。

    政策实验室的先锋当属英国的行为洞察力团队(Behavioral Insights Team, BIT)。BIT在2010年由英国政府成立,后发展成为社会企业,2021年完全并入创新慈善机构Nesta。BIT最早为英国首相办公室和内阁部门服务,总结了让政策奏效的四大法宝,即EAST法则——通过让公共政策简单易懂(easy)、富有吸引力(attractive)、与己相关(social)和及时速效(timely),为很多政府部门提供了政策决策支持。此外,BIT还总结了MINDSPACE法则,提出一套通过政策干预来改变人们行为的组合拳,包括信使(Messenger)、激励(Incentives)、规范(Norms)、默认(Defaults)、显著(Salience)、启动(Priming)、情感(Affect)、承诺(Commitments)、自我(Ego),每个方面都可以形成富有价值的政策工具。BIT推动的政策创新典型案例是电子烟政策。不少国家将电子烟视为百害而无一利的“毒品”或需要严加监管的新型烟草产品,英国政府却率先将电子烟作为禁烟办法,消费者可以在药店通过医疗保险来购买电子烟。虽然电子烟可能诱导未成年人吸烟,但在前期政策实验的基础上,英国政府审慎地推动了这项政策,使人口吸烟率明显下降。

    从政策实验室的崛起与扩散来看,全球迄今已有上百个政策实验室,其中大约有65个在欧盟成员国。就澳大利亚和新西兰的调查来看,也有52家之多。政策实验室是政策创新的未来吗?从政策扩散的驱动机制来看,府际竞争与学习造就的“民主实验室”孵化政策创意并检验政策效果。政策实验室将这些政策扩散机制制度化,使其能够更加有效地推动政策创新的实验和推广,毫无疑问有利于增强政府部门的创新能力。

    (二)政策实验室的不同模式

    虽然各国政策实验室有不同名称,如创新实验室、政策创新实验室、政策实验室等,但都可以归类概括为几种主要模式。有学者从研究方法和路径的角度划分为设计实验室、开放政府数据实验室、循证实验室、混合实验室。本文从实验方法(行为科学、设计思维)以及与政府的关系(部门民营化、政府主导、政府完全控制)两个方面,对政策实验室进行分类。政策实验室的核心使命是影响政府决策,其与政府的关系会影响政策方案是否得到政府认可、重视和推广。但是,如果政策实验室缺乏独立性,也会影响其对政府的影响力。政策实验室既可以注重设计思维,聚焦政策如何设计;也可以关注行为科学,注重如何对政策进行实验与推广。

    对丹麦心智实验室(Danish MindLab)、英国行为洞察力团队(BIT)、新加坡人类体验实验室(THE Lab)这三个政策实验室的比较案例研究显示,政策实验室在实验方法(行为科学、设计思维)及其与政府的关系(部门民营化、政府主导、政府完全控制)方面有明显不同,可以采取不同模式与策略(如表2所示)。

    丹麦心智实验室是政府主导,采取设计思维对政策进行创新。设计思维在建筑设计、艺术设计等领域应用广泛,意味着要从设计的角度来重新审视政策过程,并通过设计来不断优化政策。BIT一开始是政府完全控制,但是随着迅速的发展,独立成为咨询公司,主要采取行为科学指导下的政策实验模式。新加坡人类体验实验室是完全由政府控制的机构,基于设计思维来对政策进行实验。

    政策实验室的核心职能是知识转移,而知识转移能否成功则取决于许多因素,比如政策实验室同政府部门的相互信任与合作动机,政策实验室的开放性、专家资源与制度建设等。从这些政策实验室的运作来看,它们采取了不同模式与策略。这使政策实验室在如何发现和发明政策以及如何验证和推广政策方面有显著差异,进而可能影响政策实验室的运营和绩效。

    值得注意的是,政策实验多种多样,政策实验室的运作模式也各不相同。在设计与管理政策实验室方面,需要结合各地实际情况与资源禀赋,采取符合本地实际的运作模式。比如,中国不少地方政府依托政策研究室、大数据管理局、科技产业园等载体,建立类似于政策实验室的政策研发、创新与推广平台,也是顺应和合乎全球政策实验室发展趋势的。

    三、如何建设新文科实验室

    (一)新文科实验室的定位与方向

    新文科建设需要新文科实验室的支撑,而如何建设新文科实验室就成为值得关注的问题。从新文科实验室的建设定位来看,需要明确其同传统实验室和大学智库的不同,以及其在支持政策实验方面的潜力。传统实验室往往是服务单一学科的,且主要是以科学研究为服务对象,在多学科交叉融合和服务政策创新实践方面的作用较弱。智库也称思想库,更多发挥的是决策支撑,而在科学研究和知识创新方面的能力较弱。新文科实验室建设毫无疑问要有别于传统实验室和智库,并需要探索新的发展道路。新文科实验室与政策实验室服务目的不同,却有很强的融合式发展潜力。新文科实验室建设要加强同政策实验室的对话,借鉴政策实验室的创新模式,推动二者融合式发展。

    实验主义的内涵丰富,科学严谨的政策实验不是唯一路径。政策实验室有不同模式,科学实验也同样需要因地制宜。中国政策试点的多样性与特征意味着要坚持实用主义的政策实验理念,坚持“验以致用”,通过打通官产学研用来使政策实验发挥效果。

    从政策实验室与政府创新的关系来看,政策实验室可以扮演不同角色。它们既可以服务于科学研究与学术发表,也可以服务于政府决策与政策评估。一个重要问题就是,如何实现二者兼容。从具体分工来看,实验室开展原创性实验研究、证据库汇总和编译科学证据,而试验田则复制推广政策创新。这意味着要打造政策实验平台,通过科普和服务输出政策经验,推动研究证据向政策实践转化。因此,新文科实验室可以借鉴政策实验室的经验做法,更多关注如何对政策实践进行评估,如何开展政策实验,如何创造性设计新政策等。

    近年来,行为公共管理学发展迅猛,通过共同设计与合作开展实验研究,揭示公共管理行为的内在逻辑。从新文科实验室建设的需求来看,这意味着要打通试点与实验,加强政策试点与政策实验对话,使决策者和研究人员可以谋求共同语言。因此,加快新文科实验室建设,推动实验知识的翻译与转化,加快实验得到认同与推广,将有助于实现这些目标。

    同时,新文科实验室建设也需要朝着数字化与智能化方向发展。在数字时代,借助大数据分析和人工智能技术,政策实验将会加快发展。比如,互联网企业流行AB测试,可以在大规模用户中快速进行不同方案的实验。类似地,敏捷监管强调要建立“监管沙箱”,在金融科技等前沿领域进行政策实验。诸如此类的发展都意味着,要推动新文科实验室与政策实验室的融合式发展,既为发展和检验社会科学理论提供平台,也为推动政策实验和创新实践提供支撑。

    (二)研究启示与未来展望

    政策实验室和新文科实验室有深化合作乃至合二为一的潜力,因此需要关注二者如何进一步加强合作并推动实验室服务科学、研究和实践。展望未来,可以重点研究如下问题。

    首先,当前各地建设的新文科实验室都有很强的本地特色,往往同本地政府、大学和学科等有较强的联系,也在很大程度上塑造了不同实验室的独有特征。有必要对这些新文科实验室进行类型学研究,将其进行分类和比较,推动新文科实验室发展方向规划。从试点、完善到推广,新文科实验室建设也遵循我国一般政策试点的逻辑,有必要对试点实验室进行跟踪监测、考核评估和优化完善,为其他高校和机构建设新文科实验室提供启示。

    其次,新文科实验室的发展进行到了一定阶段,但是如何对其评估还缺乏较好的指标和方法。各个新文科实验室都有不同的历史条件、前期基础、学科渊源等,并非在同一起跑线上,也难以用一把尺子“一刀切”。这类似于对政策试点的评估,需要避免试点必成功的陷阱,也要避免偏颇的考核“指挥棒”导致的行为扭曲和弄虚作假。因此,既要明确少数共性和通用指标,又要允许各个新文科实验室特色化发展。

    最后,需要对其他国家哲学社会科学实验室的建设与运行进行分析和比较,探讨其对中国新文科实验室建设的启示。与此同时,也要进一步提炼我国新文科实验室的特征,凸显其在自主知识体系建构方面的作用,加强同其他国家哲学社会科学实验室的交流合作,并为其他国家提供可资借鉴的经验,比如推动跨国实验室数据开放、算法共享等。

    本文转自《中国社会科学评价》2024年第2期

  • 徐义华:甲骨学研究的基本领域及主要成就

    甲骨文发现已有120多年,经过数代学者的努力,甲骨学已成为一门成熟的国际性学科。甲骨学研究可以分为四大领域:第一个是基础性领域,主要是资料整理;第二个是研究性领域,主要包括文字考释、甲骨自身规律研究、商周史研究、商周汉语研究四个部分,另外,甲骨的考古学考察、西周甲骨、甲骨学术史、甲骨文书法艺术等领域也值得关注;第三个领域是工具书的编纂;第四个领域是近年来兴起的新领域——甲骨文研究的电子化和智能化。本文主要介绍甲骨学研究性领域和新领域。

    甲骨学研究性领域

    甲骨文的研究性领域,情况大致如下。

    一、文字考释

    文字考释是甲骨研究的第一步。1904年孙诒让写成《契文举例》,这是第一部甲骨文字考释书。此后最有影响力的学者是罗振玉和王国维,尤其是罗振玉,释读常用甲骨文字数百多个,使甲骨刻辞基本得以通读。继罗、王之后,贡献最大的是唐兰和于省吾,不仅考释甲骨文字众多,还发展了文字考释理论。

    70年代以后,以裘锡圭在文字考释方面的成就最高,其著作《古文字论集》影响很大。此后,大批文字学著作也涌现出来,如刘钊《古文字考释丛稿》、陈剑《甲骨金文考释论集》、蒋玉斌《殷墟子卜辞的整理与研究》等。经过学者努力,已有一千多个甲骨文字得到释读,甲骨刻辞已可通读。

    二、甲骨自身规律

    甲骨自身规律主要是指甲骨的整治、卜辞的刻写、刻辞的种类等知识。

    1.甲骨文例

    甲骨文例主要是指刻辞在甲骨上的格式、行款、布局等。1928年胡光炜《甲骨文例》首先对卜辞行款进行研究,此后董作宾《骨文例》、胡厚宣《卜辞同文例》、张秉权《论成套卜辞》等文发表,对卜辞的分布、行款等作了更深入的探讨。80年代以后,学者的研究更为细致,如李旼姈《甲骨文例研究》、孙亚冰《殷墟花园庄东地甲骨文例研究》等对文例进行了综合性研究。

    2.分期断代研究

    分期断代是确定卜辞时代,将其转化为史料的前提。1930年,董作宾发表《甲骨文断代研究例》,提出了世系、称谓、贞人等十项标准,并把甲骨卜辞划分为五期。从此,甲骨文的大致时代得以确定。

    董作宾的五期分法还存在一些不足,为此,有学者提出了分组分类的方法。陈梦家在《殷虚卜辞综述》中提出“组”的概念,影响巨大。后来,李学勤、彭裕商、林沄等学者撰文讨论,黄天树《殷墟王卜辞的分类与断代》和彭裕商《殷墟甲骨断代》等书出版,新的甲骨分期理论逐渐完善。

    3.甲骨整治与卜法制度

    在利用甲骨占卜之前,商人会对甲骨进行剖解、钻凿等一系列整治,这是重要的研究内容。

    罗振玉就将钻凿作为重要内容,到20世纪60年代,贝冢茂树最先用钻凿形态论证卜辞的时代,后来许进雄撰成《甲骨上钻凿形态的研究》等论著,全面地分析钻凿形态及其与分期断代的关系。80年代后,钻凿的价值被进一步认识,周忠兵《甲骨钻凿形态研究》、赵鹏《殷墟有字甲骨钻凿布局与占卜形式探研》等书出版。

    卜法很早就被学者关注,1929年,董作宾写成《商代龟卜之推测》,该文介绍了商人从取龟到契刻再到收藏的整个过程,后来宋镇豪《殷墟甲骨占卜程序的追索》、朴载福《先秦卜法研究》等也做了研究。近来,李雪山《嬗变与重构:商代甲骨占卜流程与卜法制度研究》出版,对卜法研究起到推动作用。

    4.甲骨缀合

    甲骨容易破碎,把破碎的甲骨拼合起来即缀合。1917年,王国维缀合了一版甲骨,首开先河。第一部专门的甲骨缀合著作是曾毅公于1939年出版的《甲骨叕存》,此后郭若愚、张秉权、严一萍等都出版了缀合著作。2000年以后,甲骨缀合获得更大进展,蔡哲茂《甲骨缀合集》《甲骨缀合续集》、林宏明《醉古集》、黄天树《甲骨拼合集》第一至五集等先后出版。

    缀合方法不断改进,蔡哲茂提出关注同文例,黄天树提出甲骨形态学,都极大促进了甲骨缀合工作的进展。

    三、甲骨文与殷商史

    甲骨文研究的一个重要方面是认识商周史。最早利用甲骨文解读历史的是王国维,他于1917年发表的《殷卜辞中所见商先公先王考》及《续考》,标志着甲骨文研究进入“史料时期”。

    此后,甲骨文的史料价值被发掘,胡厚宣《甲骨文商史论丛》、丁山《商周史料考证》、李学勤《殷代地理简论》等著作都产生了很大影响。20世纪80年代以后,利用甲骨文研究商史的著作大量涌现,彭邦炯《商史探微》、朱凤瀚《商周家庭形态研究》、杨升南《商代经济史》、宋镇豪《夏商社会生活史》、刘源《商周祭祖礼研究》等著作问世。最值得关注的是宋镇豪主编的《商代史》,该书从政治、军事、经济等多个方面对商代历史做了综合研究。

    四、甲骨文与汉语史

    甲骨文用于商代汉语研究,主要包括两个方面,一方面是语法研究,另一方面是语音研究。

    1953年管夑初出版的《殷虚甲骨刻辞的语法研究》,是第一部甲骨文语法著作。西方学者探讨甲骨文语法较多,如吉德伟、倪德卫、高岛谦一等都发表了论文。20世纪80年代以后,甲骨文语法研究蓬勃发展,沈培、张玉金、喻遂生、杨逢彬等都出版了相关著作。用甲骨文研究语音出现较晚,1984年赵诚发表《商代音系探索》,初步拟出商代音系。此后,陈振寰、管夑初、郭锡良、邹晓丽等也都做了这方面的研究,取得了一定成果。

    除了上述几个方面,甲骨学的考古学考察、西周甲骨、通论性和学术史研究、甲骨文艺术化转化等方面也是值得关注的。

    甲骨文研究的信息化

    甲骨文研究的电子化表现在三个方面:一是成果发布的网络化,二是甲骨资料库的建立,三是甲骨文研究的智能化。

    许多甲骨文研究成果选择快捷的网络发布,例如,中国社会科学院先秦史网站成为甲骨缀合成果集中发布的网站。

    甲骨文资料库不断建立,多地学者都参与其中。在港台地区,香港中文大学建立了“汉达文库”,成功大学建立了“甲骨文全文影像数据库”,“中研院”史语所建立了“甲骨文数位典藏数据库”等,都提供甲骨图片和释文,并有检索服务。在大陆地区,有中国国家图书馆的“甲骨世界数据库”、中华书局的“殷墟甲骨文数据库”、安阳师范学院的“殷契文渊”,其中“殷契文渊”不仅将甲骨原始资料上网,而且建立了字形库和文献库。

    早在20世纪60年代,美国学者周鸿祥即试验计算机缀合甲骨,并取得一定成果。随着人工智能的发展,计算机在甲骨缀合、文字识别和校对重片方面取得很大进展,有学者开始尝试用计算机考释文字。莫伯峰《人工智能在古文字研究中的应用及展望》、李春桃《基于人工智能技术的古文字研究》等成果,揭示了新技术在甲骨文研究中的前景。

    本文转自中国社会科学报

  • 何立波:迦太基的兴衰及其多元文明特征

    迦太基是腓尼基城邦的推罗人在非洲建立的一个殖民地,后成为古代地中海世界一个著名的商业民族。迦太基据说是推罗人在柏萨(Byrsa)向非洲土著借来的一块“牛皮之地”,经过不断扩张拓展,成为和希腊并列的西地中海两殖民帝国,也是与罗马并列的西地中海世界的强国。迦太基在商业领域和希腊人有激烈竞争,也和新兴的罗马在西西里出现了冲突,与希腊人和罗马人均兵戎相见。迦太基在公元前146年被罗马所灭,作为一个国家不复存在。但是迦太基文明的混合型特征,以及带来的文明交流和传播的意义却不容忽视。对于迦太基的兴衰及其文明特征,学界已经取得了一些成果,但还有很大的提升空间。①

    一、迦太基海上商业帝国的建立与早期西地中海世界的文明交流

    从民族上说,迦太基人属于古代地中海东岸腓尼基人的一支。迦太基人代表了古代东方民族殖民、商业和航海的高峰,在某种意义上进行了古代国家“重商主义”文明的最早探索。

    (一)迦太基的建立和对外贸易扩张

    一般认为,腓尼基人中的推罗人于公元前814年在非洲建立了迦太基。“迦太基”在腓尼基语中为“”,在希腊语中为“Karchēdon”,在拉丁语中为“Carthago”,意思是“新城”。②

    关于迦太基的建城史,一直有“一张牛皮”的传说。古希腊史学家提迈欧(Timaeus,约前352-前256)最早提出迦太基由推罗妇女狄多(Dido,亦称Elissa)在第一次奥林匹克运动会前的第38年(前814年)所建之说。③罗马帝国史学家阿庇安(Appian,约95-165)提供了更详细的记载,称狄多带领族人来到迦太基所在地,求土著酋长赐一块牛皮之地。在征得土著酋长的同意后,狄多将一张牛皮裁剪成条,圈出一块城镇大小的地皮,即后来迦太基的卫城柏萨。④“柏萨”的腓尼基语为“Bozra”,意思是围城、堡垒;而在希腊语中为“Byrsa”,意思是“藏牛之处”。⑤柏萨位于迦太基城的中央,是一个险峻之地。阿庇安在叙述公元前146年迦太基毁灭时,提到迦太基已繁荣了700年⑥,显然指的是她建立于公元前9世纪晚期的说法。到公元前l世纪末希腊地理学家斯特拉波(Strabo,前64-公元23)到访非洲时,迦太基城仍有方圆360斯塔德(stades)的规模。⑦

    古典学家迈尔斯(Richard Miles)认为,目前迦太基发现的最早的考古文化层的回溯,仅仅能追溯到公元前760年左右。⑧考古学家辛塔斯(Cintas)试图通过对迦太基遗址出土的陶器进行分析,建立迦太基早期历史的时间表,但是罗马人在毁灭迦太基的时候造成较大损毁。1922年,辛塔斯终于在13个陶罐中确认有9个属于希腊陶罐,认定迦太基建城不太可能早于公元前725年。⑨推罗人建立迦太基可能是希腊罗马人的一种想象,斯特拉波、阿庇安等都持这种观点。而实际上,迦太基的早期居民还包括腓尼基各城邦及众多非洲居民。关于早期迦太基,目前发现的最重要的古典档案是“闪米特铭文集”(Corpus inscriptionum semiticarum)第1卷第5684—5号,一般被认为是出现在公元前7世纪,仍保留着明显的推罗语言的特点。⑩

    目前看来,腓尼基人在西地中海的扩张,不会早于公元前750年。(11)在公元前8世纪之前,迦太基在西地中海世界的主要活动是建立殖民地。韦尔(Benjamin W.Wells)认为,殖民地是迦太基国家的支柱,迦太基殖民体系是古典时代的殖民典范。(12)青铜时代晚期的殖民地有两种模式:一种是腓尼基的贸易殖民,专注于奢侈品贸易和经济利益,在地中海西部沿海建立了稳定的定居点;另一种模式是希腊人的殖民运动,在海外建立城邦,带有政治目的。(13)早期迦太基人的贸易和希腊人有所不同,他们更多是以贸易者的身份在海外殖民和经商。他们在迦太基以外的定居地与其说是城市,不如说是“贸易港口”更为合适。

    迦太基从希腊世界和东方输入油、酒等食物及纺织品、陶器、青铜器等手工业品,满足本国居民和殖民地居民需要。目前考古材料证实的迦太基从国外进口商品,最早可以追溯到公元前650年。(14)西西里岛的阿克拉加斯城(Acragas)、意大利的坎佩尼亚,以及爱琴海的罗德斯岛,都是迦太基酒类来源地。油是从阿克拉加斯城运来的。迦太基从希腊大陆、意大利的坎佩尼亚、西西里得到了青铜器物、宝石制品和花瓶。考古学家在一座献给迦太基女神塔妮特(Tanit)的神庙中发现了东方化时代(前720-前580)的6个科林斯式希腊陶罐,时间在公元前740年到前710年间。(15)在迦太基人墓地还发现了从塞浦路斯运来的陶俑和青铜水瓶。埃及也提供了受迦太基人欢迎的装饰品。法国史学家杜丹(Jules Toutain)认为,迦太基的非洲领土及其殖民帝国能出口的商品有限,只有奴隶、矿砂和金属,尤其是西班牙南部的铅和银。(16)迦太基沉船的船骸提供了重要的物质信息,如铜锭、锡锭、玻璃、金银首饰、彩陶、酒和油等。(17)作为一个以商业贸易闻名的古典民族,迦太基人缺乏具有自己民族特色的手工业品,经常仿制和改造从希腊和埃及进口的商品,如他们仿制的希腊陶器就几乎达到了以假乱真的地步。

    (二)迦太基地中海贸易航线的建立和大西洋航海的探索

    迦太基在地中海参与和拓展的贸易航线,大体可分为东西航线和南北航线。东西航线亦称“黎凡特—西班牙线路”,是从希腊、小亚、西亚到西班牙、直布罗陀海峡的航线。伊比利亚半岛和萨丁尼亚岛,是地中海世界主要的铜、锡、银的产地。推罗人首先开辟了从西班牙南部的加底斯(Gades)到推罗的“金属航线”。西西里的希腊史学家狄奥多鲁斯(Diodorus of Sicily,前80-前21)称,迦太基海疆西达直布罗陀的“赫拉克勒斯(Heracles)之柱”、加底斯和大西洋,而加底斯位于有人居住的世界的最远边界。(18)有利的地理位置、肥沃的内陆土地和更优良的港口,让迦太基人很快控制了这条航线,成为地中海最大的铜、锡、银的贸易商。(19)

    南北航线对迦太基来说尤为重要,它将迦太基与西西里、科西嘉、撒丁岛、意大利联系起来,成为第勒尼安海贸易圈的重要坐标。迦太基还位于非洲通往希腊、爱琴海地区的海上航线的通道,有利于它从海外获得粮食、原材料和手工艺品。迦太基早期的粮食依赖进口,主要来自西班牙、意大利、西西里、希腊、黎凡特等地。在迦太基早期居民的陪葬品中,发现了大量希腊陶器(包括爱奥尼亚式和科林斯式陶器)。公元前6世纪初,银价暴跌,金属航线随之衰落,南北航线变得愈加重要起来。迦太基位于东西航线和南北航线的交会点,很快发展成为地中海世界贸易中心。在迦太基国家收入的来源中,关税占主要地位。(20)迦太基在希腊化时期成为地中海世界的一座国际都市,吸引了大量移民。

    迦太基人的贸易具有居间商的性质,航线广泛分布在欧洲、非洲的大西洋沿岸和西地中海地区,形成一个地中海世界贸易网络,迦太基货币也成为地中海西部地区的硬通货币。为保护贸易航线和商业利益,迦太基建立起一支强大的海军舰队,使用先进的三桨座战舰。在内陆殖民地农业的支持、海上贸易的商业支撑和海军舰队的保护下,迦太基建立了一个商业殖民帝国。杜丹强调,迦太基商业的真正范围是海洋,尤其是西部。他们从撒哈拉、苏丹获得了黑奴、象牙、兽皮、黄金、鸵鸟,从高卢获得锡、铅,其买卖都是在沿海或交通要道进行的。杜丹指出,迦太基人在地中海世界贸易中所起的作用,很像17世纪的荷兰人。(21)

    迦太基能够发展成为一个海上商业殖民帝国,是和他们高超的造船技术和航海水平分不开的。古罗马学者老普林尼(Pliny the Elder,23—79)告诉我们,腓尼基人是一个擅长航海、通晓天文并发明字母文字的民族。(22)早在公元前3000年左右,腓尼基人城市比布鲁斯(Byblos)就已制造出拥有弧形船体、能够经受大海考验的船只。古希腊史学家波里比乌斯(Polybius,前204-前122)在谈到迦太基和罗马军队的对比时指出,航海技术长期以来是迦太基人的一种特殊技能,他们比其他任何民族都熟悉大海。(23)迦太基商队以拥有大船而著名,用帆航行。迦太基水手不仅能够沿岸航行,而且能够进行深海航行,在航行中依靠太阳和星辰的位置、熟悉的海岸地形和地貌来辨别航行的方向。

    古希腊罗马作家提到了迦太基人在公元前5世纪的两次大西洋航行,比希腊航海家皮西亚斯(Pytheas of Massalia,前320-前285)在公元前4世纪晚期的首次大西洋航行早了1个世纪。公元4世纪的罗马学者阿维努斯(Avienus)提到,迦太基将军希米尔科(Himilco,前460-前410)船队向北沿着伊比利亚半岛和高卢的西海岸航行数月,在西欧寻找矿石,可能到达了不列颠。(24)老普林尼记录了迦太基将军汉诺(Hanno)的《航行记》,称汉诺船队沿非洲西海岸进行了探险。(25)汉诺船队大致在公元前520年进行远航(26),远达摩洛哥、毛里塔尼亚、冈比亚等地,并在摩洛哥建立了殖民地。据说最远达几内亚湾,接近了赤道。大西洋航行探索将迦太基人的贸易圈扩展到了大西洋海域。公元前460年,迦太基人开始将摩洛哥的咸鱼运往希腊的科林斯(Corinth)。位于摩洛哥大西洋沿岸的殖民地的建立,与迦太基殖民活动的扩展路径是一致的。迦太基人拥有当时最好的船长和水手,他们能够安全地航行在地中海西部海域和大西洋沿岸。(27)

    二、迦太基人与希腊人、罗马人在海上商业贸易中的冲突和结果

    在迦太基人所开展的对外殖民和贸易活动中,他们和古希腊人、罗马人发生了碰撞和交流。迦太基人在对希腊人、罗马人的战争中失败,奠定了古代西方叙述中迦太基人的失败者形象。

    (一)迦太基和希腊人在西西里的争夺和较量

    在迦太基的对外殖民活动中,西西里是联系地中海东西航道和南北航道的重要交通要冲,地位举足轻重。希腊史学家修昔底德(Thucydides,前460-前400/396)说腓尼基人在希腊之前就来到西西里殖民,居住在沿海,占据岬角和沿海的岛屿。(28)但实际情况可能并非如此。希腊人在东方化时代开始大殖民,在西西里和意大利南部(希腊人称为“大希腊”地区)建立殖民地。希腊人在南意大利的库玛(Cumae)建立殖民地是公元前750年,到达西西里是在公元前8世纪。(29)腓尼基人在西西里建立殖民地不会早于公元前8世纪。(30)在地中海西部,迦太基充当了腓尼基人保护者的角色。迦太基人在西西里西部、科西嘉和撒丁岛建立了很多殖民地,在西西里建立的殖民地有摩提亚(Motya)、帕诺慕斯(Panormus)、索罗伊斯(Soloeis)等。在科西嘉,为对抗共同的敌人希腊人,迦太基人和意大利北部的伊特鲁里亚人(Etruscans)建立了同盟关系。

    狄奥多鲁斯认为,财富是引起人类竞争的主要因素。(31)迦太基人征服一个地方后,通常会征收一大笔贡金。(32)迦太基人坚持要控制通向西班牙的航线,与公元前5世纪的雅典坚持垄断通往黑海的航线颇为相似,二者争夺的对象分别是金属和谷物。迦太基人和希腊人的西西里战争虽有商业和贸易的动机,但无法与17世纪欧洲的商业战争相提并论。

    西西里是迦太基通向西班牙的交通要冲和中转站。从公元前580年开始,腓尼基人和希腊人在西西里西部发生了冲突。希腊人试图进入西西里最西端的利利俾(Lilybaeum),遭到迦太基人的驱赶。在公元前535年的阿拉里亚(Alalia)战役中,迦太基人和伊特鲁里亚人联合起来击败了希腊人,将第勒尼安海毗邻的海域变为了迦太基的水域。从公元前5世纪开始,迦太基在西西里的主要竞争者是希腊城邦阿克拉伽斯和叙拉古。公元前580年开始的一个多世纪里,为与希腊人争夺西西里岛,迦太基、希腊之间发生了三次战争(布匿—希腊战争)。迦太基在公元前5世纪才有20多万人口,无法建立像其他国家那种公民兵体制,只能是从被征服者和商人中征募雇佣兵,由迦太基人充任将军。(33)也有人认为,精明的迦太基人不肯亲自参加战争,宁愿花钱来雇所谓的“蛮族人”来当兵。(34)

    随着公元前525年波斯帝国征服推罗,日益强大的迦太基与母邦推罗间的联系仅剩下向腓尼基神灵献祭和坚守推罗宗教传统了。公元前4世纪初,伯罗奔尼撒战争后的希腊人停止在西西里殖民,迦太基与希腊双方殖民争霸告一段落。迦太基控制西西里岛的西部,希腊科林斯人在西西里所建立的城邦叙拉古占据了西西里岛东部。西西里的殖民者带来了外来的文化,从多利亚人的农业文化到希腊的陶器和迦太基人的布匿文字都在西西里长期存在。在西西里的外来文化中,希腊文化的影响最大。在人类历史上,最早的洲际划分的理念是由希腊人提出的。波里比乌斯指出,希腊人把“有人居住的世界”()分为欧罗巴、亚细亚和利比亚三大洲。(35)老普林尼说,非洲被希腊人称为“利比亚”,它不包括埃及。(36)斯特拉波强调利比亚疆域很小,那里只有沙漠和野兽;(37)有人居住的世界只有希腊人和野蛮人两种人。(38)狄奥多鲁斯在叙述西西里的历史时,将西西里岛上叙拉古之外的居民称为“蛮族人”,称“除了叙拉古以外的蛮族人拥有了整个西西里”。在书写希腊人和迦太基人在西西里的冲突的时候,狄奥多鲁斯时而使用“迦太基人”的称呼,时而使用“蛮族人”的说法(39),表达了希腊世界对于迦太基人的看法。

    西西里的外来文化包括布匿文化、希腊文化等,二者分别分布在西部和东部。在迦太基占主导的西西里西部,土著的伊利米人(Elymians)和外来的迦太基人都没有建立起政治组织,更多地表现为一种文化上的传播和交流。在公元前6世纪的西西里西部,迦太基人更注重加强对其他腓尼基人城市的控制,他们在两个世纪后彻底控制腓尼基城邦的货币发行权。到公元前6世纪末,迦太基加强了对西西里西部的统治,在岛屿南部的势力也有了明显提升。迦太基宗教在西西里和撒丁岛的传播有了明显的加强,如献祭和葬仪及托非特(tophet)祭坛。(40)

    与迦太基人相比,希腊人在西西里政治上的存在感更强,建立了叙拉古等城邦国家。叙拉古实行僭主政治,以文化发达而著称。狄奥多鲁斯认为,在公元前5世纪早期的希波战争中,迦太基曾经和波斯帝国结盟,从西部和东部同时对希腊人开战,其中迦太基人负责对西西里和意大利的希腊人作战,波斯人对希腊本土作战。(41)发生在西西里的希梅拉(Himera)战役和希腊大陆的萨拉美斯(Salamis)海战,是在公元前480年的同一天发生的。希罗多德(Herodotus,约前480-前425)、亚里士多德均认为,这有可能只是时间上的巧合而已,波斯人和迦太基人并未在战前协商一致。(42)迦太基对和波斯人结盟未必有兴趣,因为母邦推罗人被迫成为波斯人的仆从国。雅典曾试图联合迦太基人,对抗与他们有矛盾的叙拉古,遭到迦太基的拒绝。在与阿克拉伽斯—叙拉古联军的希梅拉战役中,迦太基的30万军队损失了15万人。(43)迦太基在战后70年间逐渐将注意力转向非洲,还不断向内陆地区推进,试图将利比亚腓尼基化,并将自身非洲化,以巩固其非洲帝国。(44)

    在希波战争后,希腊人加强了对西西里的控制,希腊文化在西西里的影响超过了迦太基。从公元前4世纪起,迦太基人、坎佩尼亚人(Campanians)、奥斯其人(Oscans)和罗马人都活跃在西西里,使得西西里成为一个地中海世界不同文明交汇的大熔炉。公元前2世纪以来,随着罗马人在西西里统治的开始,西西里的政治日益罗马化。但新的政治秩序并未带来立竿见影的效果,希腊文化仍是西西里的强势文化。在西西里,迦太基人的布匿文化并未在第一次布匿战争结束后消失。在公元前1世纪的西西里,布匿文化的影响仍无处不在,陶罐、花瓶等物品上大量出现了布匿语和希腊语的双语铭文。(45)布匿铭文在西西里至少存在到了公元1世纪,布匿口语存在的时间更长。(46)在西部西西里,希腊人和“蛮族人”之间有密切的来往,存在着语言的融合。希腊化时期利利俾出土的铭文记载的两个人的名字,就是集希腊语、拉丁语、布匿语于一身的混合式名字。

    (二)迦太基人和罗马人商业霸权的争夺以及最终的失败

    迦太基在其统治区域内实行贸易垄断制度,达到控制商贸航线和征收关税的目的。据波里比乌斯记载,迦太基与罗马在公元前509年签订了一个条约,对罗马人及其盟邦船只航行到“菲尔角”(Fair Promontory,亦译“美丽岬角”)以西海域进行了严格限制(47),保持了他们对地中海西部的海上商业霸权。但学者卡列(M.Cary)认为,波里比乌斯所说的签订条约的时间是错误的,正确的时间应是公元前308年。(48)这个条约表明,迦太基在公元前6世纪或4世纪末已有能力对所有外国商船封锁直布罗陀海峡。没有迦太基人的同意,希腊航海家皮西亚斯从加底斯出发经过直布罗陀海峡的大西洋航行就不可能发生。(49)从马耳他(Malta)到西西里、撒丁岛、巴利阿里(Balearics)岛、西班牙的航线,是由迦太基人严密控制的。从公元前6世纪起,希腊人不能直接从西班牙南部获得锡、铜和银。公元前540年,迦太基人联合伊特鲁里亚人将希腊人赶出了科西嘉。(50)

    到公元前6世纪晚期,迦太基的领土从昔兰尼(Cyrene)延伸到了大西洋。(51)在迦太基人看来,撒丁岛和利比亚是自己的领土,而西西里只涉及他们所统治的一部分区域。波里比乌斯告诉我们,迦太基人和罗马人在公元前306年又签订了一个条约,迦太基人明确将利比亚和撒丁岛视为自己的私有财产,将推罗和乌提卡(Utica)也纳入了自己的领土范围,不许罗马人涉足。(52)迦太基人严厉打击海盗,成为古代文明早期和平贸易协约的倡导者。

    迦太基并不缺乏金银,他们从中非得到黄金,从西班牙获取白银。公元前6世纪,钱币在希腊世界已经普及。到公元前6世纪最后25年,希腊人主要居住区都已使用了金属货币。(53)迦太基人重视商业,他们教育青年的指导思想就是要证明商业在迦太基公私生活中的优越地位。迦太基人早期采取的是物物交换或使用希腊等外币。希罗多德记述了迦太基商人同利比亚土著居民“无声的贸易”的交易细节,迦太基人以商品换取土著(可能是摩洛哥土著)的黄金。(54)公元前5世纪末,为了给西西里的雇佣兵开支薪酬,迦太基人用西班牙的银锭来铸造自己的银币。

    公元前3世纪早期是迦太基商业帝国的黄金时期。希腊人海上的势力日益衰落,亚历山大帝国一分为三,罗马人忙于征服中部和北部的意大利人,迦太基人几乎垄断了整个地中海的商业贸易。在罗马人发起挑战之前,迦太基人保持了他们对海洋的控制权,而且把注意力转向通过侵略建立一个陆上帝国,采取了一种更有侵略性的帝国主义政策。随着罗马在公元前3世纪介入西西里事务,迦太基和罗马人的矛盾逐渐激化。从公元前264年争夺西西里开始,罗马和迦太基先后发生了三次战争(布匿战争)。布匿战争揭开了整个地中海世界国家间关系转型的序幕,标志着一个新时代的开始。罗马人开始从陆地向海洋拓展,对迦太基人在西地中海世界的利益构成了严重的挑战。

    罗马是一个传统的陆军强国,早期并未设置海军。第一次布匿战争爆发后,罗马迅速组建一支由公民兵组成的海军,军队士气高。迦太基海军强大但是公民兵不足,主要依靠西班牙人、柏柏尔人(Berbers)及后来的努米底亚人(Numidians)等外族人所组成的雇佣军,军队缺乏凝聚力和爱国精神。波里比乌斯清楚地看到了这一点,认为迦太基军队使用的是外国人和雇佣军,而罗马军队士兵都是本国的公民和土著人,罗马人是在为自己的国家和儿女而战。(55)公元前242年,在第一次布匿战争中战败的迦太基人退出西西里,罗马人获得了除了叙拉古之外的整个岛屿(56),西西里由此在公元前227年成为罗马的第一个行省。迦太基在第二次布匿战争中在本土战败,被迫和罗马人签订了几乎交出一切的苛刻条约。在反贵族寡头的选民的支持下,汉尼拔于公元前196年当选为迦太基的首席行政长官苏菲特(sufetes),推行民主改革,重整军队,迦太基逐渐从战败的阴影中走出,元气得以恢复。

    迦太基的复兴让罗马人产生了一种恐惧之情,贵族加图(Marcus Cato,前234-前149)提出:“迦太基必须被毁灭。”(57)罗马在公元前149年发起第三次布匿战争。阿庇安、狄奥多鲁斯等希腊罗马史学家提供了公元前146年迦太基战败被毁的画面,称罗马军队纵火烧毁迦太基城。(58)这次战争让迦太基的人口丧失了三分之一,一个世纪以后也未能得到完全的恢复。(59)罗马人为了抹去迦太基的历史记忆,几乎将迦太基图书馆的所有藏书都转赠给了他们在非洲的盟友努米底亚,企图只留下罗马人的历史书写。阿庇安告诉我们,罗马元老院派往迦太基的10名元老组成的代表团下令将迦太基夷为平地,任何人不得在迦太基居住,否则会受到诅咒。(60)与迦太基人斗争的这段波澜壮阔的经历,成为罗马神话不可或缺的一页。第二次布匿战争激发了罗马人的民族意识和爱国热情,罗马人开始首次书写罗马和迦太基的历史,建构了失败的迦太基和胜利的罗马的民族形象。

    斯特拉波告诉我们,迦太基于公元前146年的最后时刻在利比亚本土仍然拥有300座城市和70万城市人口的实力。(61)古代知识精英有夸大数字的习惯,斯特拉波这个数字可能有些夸张了。《剑桥古代史》提出,此时迦太基城约有20万—30万人。(62)韦尔认为,迦太基城在公元前146年毁灭之际的人口不会超过13万人,因为该城没有那么多人口的居住空间。(63)毁灭迦太基,让罗马商人和意大利商人填补了远距离贸易的空白。他们取代了迦太基商人,来到努米底亚从事贸易活动,获利颇丰。

    (三)古希腊罗马作家对迦太基人的负面形象建构

    在古希腊罗马作家的眼中,迦太基人是一群好斗的恶毒的东方入侵者,是暴虐的、虚伪的和贪婪的。波里比乌斯指出:在迦太基,任何能产生利益的东西都不会被视为可耻的,竞选官职可进行公开的贿赂;而罗马人会谴责不择手段赚钱的方式,竞选行贿是死罪。(64)狄奥多鲁斯对迦太基人和罗马人的文明冲突有详细的报道,他说迦太基人只要失败就会导致精神和意志的崩溃,这在别的民族是很难想象的。(65)他意味深长地说了一句话:“我认为有的民族对人类社会危害甚烈是理所当然的事情,如严霜和冰雪会摧毁刚刚生长的作物。”(66)狄奥多鲁斯的言外之意,迦太基人是一个有害的民族。他批评迦太基当局在国家危机之际提拔新将领,危机过后却又让他们身败名裂的做法。(67)但狄奥多鲁斯也客观地指出了罗马人的残酷、失信和傲慢,指出了罗马人在毁灭迦太基后的问题,如忧患意识的缺乏、行政官员的贪婪和对法律的无视、民意煽动家所造成的危险、内战延长带来的恐惧等问题(68),这成为罗马共和晚期诸多矛盾之源。

    地中海西部的希腊人和迦太基人之间,存在着一道不可逾越的鸿沟。希腊人表现出一种与生俱来的优越性和激烈的排外情绪,对希腊人与其他民族在政治、文化、宗教等领域日益增强的融合趋势表现出一种对抗的态度。古希腊作家对迦太基人的态度,直接影响了罗马的知识精英。罗马人从未将自己看作希腊人,但他们已经认识到自己在民族文化的分水岭中与希腊文化同属一个阵营。这个分水岭将文明的希腊世界与野蛮人的世界区分开了,而迦太基人显然属于野蛮人世界。罗马史学家李维在关于布匿战争的记载中,一直在将罗马人的美德与迦太基人的恶习进行对比,认为汉尼拔的背信弃义超过了任何一位迦太基人。西里乌斯·伊塔利库斯(Silius Italicus,28—103)是一位罗马元老,写下以第二次布匿战争为主题的史诗《布匿战记》(Punica),使用了“迦太基人是残忍的”这样的表述。(69)希腊罗马人对迦太基人的“他者”想象——胡言乱语的、贪婪的、不守信用的、残忍的、傲慢的、不敬神的迦太基人,成为古典史学叙述的主流。“迦太基式的信用”(fides Punica),亦成为背信弃义的同义语。(70)

    在希腊罗马人看来,迦太基的失败与他们对待盟邦的态度有直接的关系。狄奥多鲁斯指出,迦太基人“过于残酷和苛刻”(71),对待被征服地区经常采取掠夺、索取和高压的政策,因而盟邦痛恨迦太基的高压统治。(72)狄奥多鲁斯还说,迦太基军队在占领西西里阿克拉伽斯城之后,将神庙财产和城市的雕像、物品都运到迦太基,然后焚烧了寺庙,洗劫了全城。在占领另一座城市杰拉(Gela)之后,官兵都发了财。(73)狄奥多鲁斯强调,长期以来,迦太基的利比亚盟邦憎恨迦太基人的压榨和索取,他们一有机会就发起叛乱。(74)在叙述和希腊人争夺西西里挫败原因的时候,狄奥多鲁斯指出这是迦太基人不尊重推罗神灵的结果,认为迦太基人一开始对在推罗受到顶礼膜拜的赫拉克勒斯是尊重的,向其奉献年收入的十分之一。而在后来,他们疏忽了,所以神的恩泽就减少了。狄奥多鲁斯还强调了神对迦太基贵族用别人的孩子冒充自己的孩子献给神灵的愤怒之情。(75)

    古希腊作家普鲁塔克(Plutarchus,约46-120)和狄奥多鲁斯都提到迦太基人用儿童献祭,后者还说迦太基贵族曾用200位贵族儿童作为牺牲品献给神灵。(76)威尔·杜兰(Will Durant)赞同古典作家的这种说法,认为直到2世纪仍存在献给麦勒卡特(Melkart,推罗主神)的活童祭品。(77)《牛津古典辞书》认为从公元前8世纪晚期到公元前146年,童祭在迦太基一直存在,但在实践中一开始就用动物代替了儿童。(78)泽内达·A.拉戈金(Zenaide A.Ragozin)提出,是在与耶稣同时期的罗马皇帝提比略(Tiberius,37-41年在位)时期才彻底废除了迦太基的这个习俗。(79)《剑桥古代史》指出迦太基托非特祭坛的骨灰瓮中发现了儿童烧焦的骨头,还有两篇提到杀婴的铭文。(80)但奥贝特(M.Aubet)不同意这种杀婴献祭的观点,他认为考古学家对托非特祭坛中的人类骨殖和灰烬的分析表明,他们大多属于死婴和新生儿的,这明显带有自然死亡的味道(81),并非来自儿童献祭所产生的非正常死亡。撒里贝姆特(Andrea Salimbeti)提出,目前的证据无法证实迦太基存在火焚活童的祭祀。(82)本文亦认为,古希腊罗马作家的记载经常存在夸大的成分和道听途说的习惯。根据目前的史料和考古材料,我们对普鲁塔克和狄奥多鲁斯关于迦太基存在活童祭观点的可靠性还无法确认,还有待于进一步的材料和研究。

    三、迦太基的文明特征和文明贡献

    作为东方闪米特人的一支,迦太基人创建了一个庞大的海上殖民和商业帝国,将文明扩展到了地中海西部广大区域甚至是大西洋沿岸,同时带动了北部非洲本土的开发,推动了东西方文明、非洲文明和外来文明的交流和融合。

    (一)迦太基对非洲的开发和文明传播

    迦太基海上商业帝国的辉煌,很容易掩盖其农业的成就。当推罗人和西顿人在非洲沿岸的巴巴里(Barbara)建立最初的停靠港时,当地居民还处于新石器时代,金属器具是从外国输入的。古代非洲(不包括希腊罗马人所说的不属于利比亚的埃及)居民也栽种过某些作物和饲养过某些牲畜,但只有到了迦太基成立和崛起以后,非洲才在迦太基的引领下有了真正的农业。从某种意义上说,迦太基也是非洲的首都。迦太基人的农业开发是成功的,他们大量使用奴隶劳动,对土著的示范和对非洲的物质繁荣都做出了贡献。它把文明传播到它所兼并的国家,超出自己的领土,传播到其附属国和同盟国中去。(83)迦太基人从西亚带来了葡萄、橄榄、无花果、石榴等,在土质和气候适宜的非洲广泛种植,迦太基的石榴被罗马人称为“迦太基苹果”。

    公元前5世纪在西西里的殖民活动受挫后,迦太基加快了开发非洲本土农业的步伐,将撒哈拉最肥沃的土地和大流沙区纳入其领土,变为农业区。从公元前3世纪末开始,谷物和葡萄园的收入就已经成为迦太基统治阶层的主要收入来源了。(84)古希腊罗马作家共66次提及迦太基著名农学家马戈(Mago)的耕作法。(85)柏柏尔人同迦太基人的接触比其他非洲民族都早,受迦太基人的影响也最大。柏柏尔人向迦太基人学会了农业,迈入了农耕文明。菲利普C.内勒(Phillip C.Naylor)认为,迦太基人懂得欣赏不同民族的文化,其复杂的文化是通过万神殿和语言来表达的,给善于接受文化的柏柏尔人留下深刻印象。(86)迦太基文化对柏柏尔人的思想和习俗的影响,成为跨文化交往的典范。努米底亚人在公元前3世纪向迦太基人学会了建设城市,引入了马戈农书所介绍的耕作方法,还吸取了迦太基的文化及宗教。(87)柏柏尔人在公元前202年建立了努米底亚王国,他们所建的城市科塔(Cirta)也出现了迦太基式的托非特祭坛。(88)努米底亚贵族热衷于同迦太基上层通婚,给子女取布匿人的名字。(89)努米底亚和迦太基的铜币设计都是一样的,二者出现了文化同化的现象。

    20世纪以来的考古挖掘表明,迦太基人对北部非洲内陆进行了深度渗透,建立了很多殖民地和临时性商业居留地,创建了一系列城市,使得迦太基文明得以在非洲广泛传播。1970年代,考古学家在非洲卡本半岛(Cap Bon Peninsula,今突尼斯东北)发现了迦太基人所建的殖民地盖赫库阿勒(Kerkouane)的遗迹。该城可能建于公元前6世纪,提供了迦太基人和利比亚土著人交往的线索。盖赫库阿勒居民敬拜的神是腓尼基人和迦太基人的神灵麦勒卡特和其子锡德(Sid)、塔尼特等。该城大部分房屋都有中央庭院,院中建有迦太基人用作洁净仪式的浴室。盖赫库阿勒居民使用迦太基语,但利比亚的元素随处可见,如利比亚土著居民的殡葬仪式。盖赫库阿勒城还发现了描写希腊英雄奥德修斯形象的雅典式黑彩陶制酒壶和爱奥尼亚式杯子,以及具有希腊风格的建筑,反映了该城多元文化的特点。(90)

    斯特拉波告诉我们,迦太基被毁后在很长一段时期内和希腊的科林斯一样,一直处于荒无人烟的状态。(91)罗马有识之士试图推出重建迦太基的计划。据阿庇安记载,在迦太基荒芜了30年后,罗马保民官盖约·格拉古(Gaius Gracchus,前154-前121)在公元前123年提出移民6000人到迦太基的计划,而不顾西庇阿在毁灭迦太基的时候诅咒迦太基将永作牧场的事实。(92)恺撒(Gaius Julius Caesar,前100-前44)曾在公元前44年重提移民迦太基的计划,以解决贫民的土地问题,但未来得及实施便遇刺身亡。奥古斯都(Augustus,前63-公元14)在公元前29年派遣移民重建迦太基,并将非洲行省(亦称阿非利加行省)的首府从乌提卡迁到迦太基。(93)罗马退役军人、殖民者、商人和工程人员接踵而来,将新迦太基建设成为罗马帝国西部最大的城市,也是罗马帝国著名的文化、教育和学术中心。斯特拉波指出,和利比亚境内的其他人和城市一样,迦太基是一座繁荣兴旺的城市。(94)在迦太基以东的港口大莱普提斯(Leptis Magna),诞生了罗马帝国首位出身非洲的元首塞普提米乌斯·塞维鲁(Septimius Severus,146-211),塞维鲁王朝也成为罗马帝国历史上的第一个非洲王朝。

    (二)迦太基文明与希腊文明、埃及文明和罗马文明的交流和交融

    迦太基文化受到希腊文明、埃及文明的明显影响,表现出混合性或者折中主义的特点,体现在艺术、宗教和物质文化等方面。至少从公元前6世纪起,迦太基人就将希腊和埃及的建筑风格与迦太基的建筑风格结合起来,形成了混合式的迦太基建筑艺术。

    迦太基与西西里希腊人的战争带来了文化宗教的交流,导致了二者文化融合的范围远远超出了西西里海岸地区而深入内陆,这是西西里殖民化以来的显著特征之一。从公元前4世纪起,希腊文化对迦太基的影响越来越明显,但是迦太基的文化并未失去自身传统,尤其是在语言和宗教方面。公元前4世纪早期,迦太基当局禁止迦太基人学希腊语,但却未见成效,希腊语在北部非洲成了仅次于布匿语的第二语言。(95)大量证据显示,迦太基人会说希腊语,阅读希腊著作,着希腊服饰,崇拜希腊神祇。在西西里,出现了很多具有希腊文化和腓尼基文化特色的器具和艺术品,如西西里出现的铸有六头金牛肖像的酒杯。迦太基人的墓葬中出现了大量希腊钱币,主要是希腊铜币,这可能是对外贸易的需要。斯特拉波说,在迦太基卫城柏萨的高处,有一座阿斯克勒庇俄斯(Asclepius)神庙。(96)阿斯克勒庇俄斯是希腊的医神,它在迦太基出现说明迦太基人对于希腊医神的崇拜和对祛除疾病、战胜瘟疫的渴求,亦反映希腊宗教对迦太基人的影响。

    另外,迦太基人对希腊神赫拉克勒斯的崇拜,亦反映了希腊文化对迦太基文化的影响。从某种意义上说,赫拉克勒斯崇拜具有文化的多样性与跨文化的相互关联性,比其他任何一位神都更适合古代地中海居民。从公元前6世纪起,在地中海中西部,赫拉克勒斯开始越来越多地被与迦太基的麦勒卡特联系在一起。当汉尼拔试图寻找一位天国的精神领袖以将西方的人们联合起来抗衡罗马之际,他选中的就是赫拉克勒斯-麦勒卡特。(97)泽内达·A.拉戈金强调腓尼基宗教亦对希腊(尤其是希腊大陆的东海岸)的宗教有影响(98),但未提供有力的证据。

    在希腊人的影响下,迦太基人的丧葬方式也发生了改变,从土葬转为了火葬。在奥古斯都重建迦太基城之后,这里到处都有希腊风格的雕像。20世纪以来蓬勃发展的考古学,让我们重构古代迦太基的文化成为可能。考古学家在突尼斯圣路易山丘的斜坡上,挖掘出了为罗马人纵火毁城的灰烬层所覆盖的房屋以及迦太基的一个街区,都反映出这里具有希腊化时代的特点,如迦太基街区的房屋规格较小、由各个房间所环绕着的中央庭院作为建筑物的光源,等等。

    埃及人的宗教和来世观也对迦太基人产生了影响。迦太基人崇拜埃及的奥里西斯(Osiris)神,将迦太基主神巴尔-哈蒙(Baal Hammon)和埃及的阿蒙神相提并论。受埃及人的影响,迦太基人认为人死后会有两个灵魂。迦太基人还向埃及人学会了制作木乃伊的技术。公元前4世纪的迦太基墓葬出土的剃刀上的宗教主题图案,集中反映了埃及和迦太基的神灵和神圣符号。在迦太基人的护身符上,出现了埃及的神灵、动物形象和神圣符号。从埃及进口的圣甲虫和首饰(99),在迦太基大受欢迎。在迦太基人的陪葬品中,出现了描绘埃及神祇和法老形象的祭品,这被认为有助于驱邪。

    迦太基公元前146年亡国后的这段历史,被称为晚期布匿或新布匿时期。虽然罗马文化成为官方文化,但迦太基人的文化并没有中断,在语言、建筑、绘画、雕刻、美术、教育等领域都有体现。迦太基艺术有其自身的特点,表现为对细节和对称的过度关注。非洲很多地方官员都使用了迦太基式的“苏菲特”的名称。迦太基神庙保留了下来,但祭司取罗马的名字,着罗马的托袈。(100)迦太基的神名改成了罗马的神名,巴尔-哈蒙变成了罗马农神萨图尔(Saturn),塔尼特变成为了罗马天后朱诺(Juno)。巴尔-萨图尔被视为罗马的丰收之神,成为罗马非洲行省农业发展在宗教文化领域的反映。(101)罗马人将腓尼基人语言称为布匿语,迦太基战争被罗马人称为布匿战争。迦太基被罗马征服之后,拉丁语的重要性超过希腊语,成为迦太基人从小必须学习的语言,城市中受教育者两种语言都会。但在整个罗马帝国的非洲行省,布匿语仍是官方通行语言。公元前8年,非洲大莱普提斯城的迦太基籍城市长官捐助了一座纪念碑,使用了拉丁语和迦太基语的双语铭文。捐助者的名字“汉尼拔·塔帕皮乌斯·鲁福斯”,就是罗马姓氏和迦太基本名的结合。(102)在罗马帝国基督教神学家圣奥古斯丁(St.Aurelius Augustinus,354-430)写作的时代,布匿语仍出现在非洲的拉丁书信和铭文中,并一直使用到了5世纪早期,显示了语言传统强大的惯性和生命力。439年,汪达尔首领盖萨里克(Geiseric,389-477)占领了迦太基,建立了汪达尔王国,罗马-迦太基的时代结束了。(103)

    结语

    迦太基研究专家沃明顿指出:“作为城邦国家的迦太基试图统治一个帝国,并能够维持3个世纪之久的统治,比雅典人的统治还长了三分之一。”(104)在古代世界,迦太基的成功之处不仅体现在拥有的巨额财富,而且包括它统治的长久的稳定和持久,这甚至赢得了其对手的尊敬。西塞罗强调,迦太基如果没有使用智慧和政治谋略的话,就不可能维持一个帝国达600年之久。(105)亚里士多德将迦太基的政体和斯巴达、克里特的政体归为一类,认为它们是最接近理想的混合政体,高度评价迦太基设施优良、政治稳定和制度修明。(106)迦太基也是亚里士多德所研究的唯一非希腊国家。古希腊作家伊索克拉底(Isocrates,前436-前338)也称赞迦太基和斯巴达是世界上治理最好的两个民族。(107)

    财富和政体具有密切的关系。迦太基是世界历史上第一个有组织的商业国家(108),进行了地中海商业帝国建设的第一次尝试。迦太基的财富来自它在非洲和西地中海的区域性帝国,它在海上力量保护下的海外贸易,为其维持一支强大的海军提供了财政支持。迦太基商业的成功使之把政治权力给了财富寡头,在公民人口不足的情况下供养了一支雇佣军,维护了迦太基政权的稳定。迦太基在公元前6世纪成为一个强大的国家。到公元前5世纪,随着迦太基人在西西里的布匿—希腊战争中遇挫,迦太基人在西地中海的贸易活动暂时走向了衰落。到公元前4世纪中叶,随着非洲的开发和对非洲属国资源的掠夺,迦太基的商业再次繁荣起来。在丧失西班牙的海外领地之后,迦太基仍被波里比乌斯称为世界上最富有的城市。(109)迦太基对外来文化采取了开放的态度,越来越多地受到了希腊文化的影响。

    迦太基建构了一个地中海世界商贸殖民网,也为各殖民地之间的政治、经济、社会文化的交流和非洲的开发做出了积极的贡献。在杜丹看来,迦太基的历史表现出了一种文明的肤浅和虚弱,其主要推动力是获取财富和扩展商业,其诸多胜利转瞬即逝。迦太基没有依靠经济优势去争取政治和文化的进步,未能在文化领域取得辉煌的成果。这也是迦太基在和罗马的文明较量中失败的重要原因。但我们必须看到,作为西方文明源头的古典世界从来不是希腊—罗马文明的特有成果,而是包括迦太基文明在内的不同文化与民族之间互动、交流和融合的结果。

    注释:

    ①迦太基研究先驱彻什的《非洲帝国之迦太基》(Alfre John Church,Carthage of the Empire of Africa,New York:G.P.Putnam’s Sons,1899),论述了迦太基发展成为非洲帝国的过程。斯密斯的《迦太基和迦太基人》(R.Bosworth Smith,Carthage and the Carthaginians,London:Longmans,Green and Co.,1913)考察了迦太基、迦太基人的发展历程及其对古代世界的影响。沃明顿的《迦太基》(B.H.Warmington,Carthage,London:Robert Hale Limited,1960)从汉诺的非洲航行来追溯迦太基历史。莫斯卡蒂的《迦太基艺术与文明》(Sabatino Moscati,Carthage:Art et Civilization,Milan:Jaca Book,1983)重点介绍了迦太基的文化。皮卡德的《迦太基:从诞生到终结悲剧的布匿历史与文化研究》(Gilbert Charles Picard,Carthage:A Survey of Punic History and Culture from Its Birth to Final Tragedy,London:Sidgwick & Jackson,1987)是一部涉及政治、经济、文化和外交等内容的综合性著作。霍约斯的《迦太基人》(Dexter Hoyos,The Carthaginians,London and New York:Taylor and Francis Group Press,2010)考察了迦太基崛起的进程及商业帝国的建立。迈尔斯的《迦太基必须毁灭:古文明的兴衰》(Richard Miles,Carthage Must Be Destroyed:The Rise and Fall of An Ancient Mediterranean Civilization,London:Allen Lane,2010)借鉴了近现代研究成果,学术价值较高。特里布拉图编的《古代西西里的语言联系》(Olga Tribulato,ed.,Language and Linguistic Contact in Ancient Sicily,Cambridge,U.K.:Cambridge University Press,2012)考察了布匿语等古代西西里语言和文化。国内研究论文有数篇。陈恒的《迦太基建城日期小考》,《常熟高专学报》2001年第1期,对迦太基建城进行了考察;杜建军、刘自强的《论布匿战争爆发的原因》(2002)从政治经济文化进行了探讨。总的来说,关于迦太基的崛起等问题还有进一步研究的较大空间。

    ②Alfred J.Church,Carthage of the Empire of Africa,p.11.

    ③Dionysius of Halicarnassus,The Roman Antiquities,Loeb Classical Library,trans.Earnest Cary,Vol.1,Cambridge,Mass.:Harvard University Press,1937,p.245.本文所引古希腊罗马文献,出自“罗布古典丛书”(Loeb Classical Library)。

    ④Appian,The Punic Wars,I.1,Loeb Classical Library,Vol.1,trans.Horace White,Cambridge,Mass.:Harvard University Press,1912,p.403.

    ⑤Andrea Salimbeti,Raffaele D’ Amato,The Carthaginians,6th-2nd Century BC,Oxford:Osprey Publishing,1991,p.4.

    ⑥Appian,The Punic Wars,XIX 132,Vol.1,p.637.

    ⑦Strabo,Geography,XVII.3.14,Loeb Classical Library,Vol.8,trans.Horace Leonard Jones,Cambridge,Mass.:Harvard University Press,1928,p.183.注:斯塔德(Stadium,复数为Stadia),古希腊长度单位。1斯塔德合625英尺约等于184.97米。

    ⑧理查德·迈尔斯:《迦太基必须灭亡:古文明的兴衰》,孟驰译,北京:社科文献出版社,2016年,第85页。

    ⑨B.H.Warmington,Carthage,London:Robert Hale Limited,1960,p.23.陈恒采用了辛塔斯所提出的公元前725年的说法,参见陈恒:《迦太基建城日期考》,《常熟高专学报》2001年第1期。

    ⑩Maria Giulia Amadasi Guzzo,”Phoenician and Punic in Sicily,” in Olga Tribulato,ed.,Language and Linguistic Contact in Ancient Sicily,Cambridge,U.K.:Cambridge University Press,2012,p.130.

    (11)B.H.Warmington,Carthage,p.22.

    (12)Benjamin W.Wells,”Business and Politics at Carthage,” The Sewanee Review,Vol.28,No.4(Oct 1920),p.507.

    (13)Olga Tribulato,”So Many Siciliies,” in Olga Tribulato,ed.,Language and Linguistic Contact in Ancient Sicily,pp.15-16.

    (14)B.H.Warmington,Carthage,p.23.

    (15)J.N.Coldstream,Geometric Greece,London:Routledge,1977,p.240.

    (16)杜丹:《古代世界经济生活》,志扬译,北京:商务印书馆,1963年,第187页。

    (17)理查德·迈尔斯:《迦太基必须灭亡:古文明的兴衰》,第37页。

    (18)Diodorus of Sicily,Library of History,XXV.10,Loeb Classical Library,Vol.11,trans.Francis R.Walton,Cambridge,Mass.:Harvard University Press,1957,p.155.

    (19)Simon Hornblower,Antony Spawforth & Esther Eidinow,eds.,The Ox ford Classical Dictionary,Oxford:Oxford University Press,2012,p.284.

    (20)Benjamin W.Wells,”Business and Politics at Carthage,” p.505.

    (21)杜丹:《古代世界经济生活》,第188页。

    (22)Pliny the Elder,Natural History,V.67,Vol.2,p.271.

    (23)Polybius,The Histories,VI.52,Loeb Classical Library,Vol.3,trans.W.R.Paton,Cambridge,Mass:Harvard University Press,1923,p.385.

    (24)Alfred J.Church,Carthage of the Empire of Africa,p.100.

    (25)Pliny the Elder,Natural History,V.8,Vol.2,p.223.

    (26)Alfred J.Church,Carthage of the Empire of Africa,p.95.

    (27)Benjamin W.Wells,”Business and Politics at Carthage,” p.503.

    (28)Thucydides,History of the Peloponnesian War,VI.2,Loeb Classical Library,Vol.3,trans.C.Forster Smith,London:W.Heinemann; New York:G.Putnam’s Sons,1919,p.183.

    (29)B.H.Warmington,Carthage,p.34.

    (30)Olga Tribulato,”So Many Siciliies,” p.14.

    (31)Diodorus of Sicily,Library of History,XXXVI.3,Loeb Classical Library,Vol.12,trans.Francis R.Walton,Cambridge,Mass.:Harvard University Press,1967,p.237.

    (32)Diodorus of Sicily,Library of History,XIV.65,Loeb Classical Library,Vol.6,trans.C.H.Oldfather,Cambridge,Mass.:Harvard University Press,1954,p.190.

    (33)B.H.Warmington,Carthage,pp.40-55.

    (34)R.Bosworth Smith,Carthage and the Carthaginians,London:Longmans,Green and Co.,1913,p.57.

    (35)Polybius,The Histories,III.37,Loeb Classical Library,Vol.2,trans.W.R.Paton,Cambridge,Mass.:Harvard University Press,1923,p.87.

    (36)Pliny the Elder,Natural History,V.1,Vol.2,p.219.

    (37)Strabo,Geography,XVII.3.1,Vol.8,p.155.

    (38)Strabo,Geography,XVI.2.38,Loeb Classical Library,Vol.7,trans.Horace Leonard Jones,Cambridge,Mass.:Harvard University Press,1930,p.287.

    (39)Diodorus of Sicily,Library of History,XX 3-6,Loeb Classical Library,Vol.10,trans.Russel M.Geer,Cambridge,Mass.:Harvard University Press,1954,pp.150-157.

    (40)Maria Eugenia Aubet,The Phoenicians and the West:Politics,Colonies and Trade,Cambridge U.K.:Cambridge University Press,2001,p.284.

    (41)Diodorus of Sicily,Library of History,XI.1,Loeb Classical Library,Vol.4,trans.C.H.Oldfather,Cambridge,Mass.:Harvard University Press,1946,p.123.

    (42)B.H.Warmington,Carthage,p.46.

    (43)R.Bosworth Smith,Carthage and the Carthaginians,p.21.

    (44)J.博德曼、N.G.L.哈蒙德等编:《剑桥古代史》,第四卷,张强等译,北京:中国社会科学出版社,2020年,第848页。

    (45)Maria Giulia Amadasi Guzzo,”Phoenician and Punic in Sicily,” p.126.

    (46)Olga Tribulato,”So Many Siciliies,” pp.17-29.

    (47)Polybius,The Histories,III.22-23,Vol.2,pp.53-55.按照波里比乌斯的说法,菲尔角在迦太基的前端,方向朝北,可能是今天的伯恩角,但是也可能是法里纳角(C.Farina)。

    (48)M.Cary,”A Forgotten Treaty between Rome and Carthage,” The Journal of Roman Studies,Vol.9,1919,p.76.

    (49)A.E.阿斯汀等编:《剑桥古代史》,第八卷,陈恒等译,北京:中国社会科学出版社,2020年,第21页。

    (50)J.博德曼、N.G.L.哈蒙德等编:《剑桥古代史》,第四卷,第492页。

    (51)A.E.阿斯汀等编:《剑桥古代史》,第八卷,第20—22页。

    (52)Polybius,The Histories,III.24,Vol.2,p.57.

    (53)J.博德曼、N.G.L.哈蒙德等编:《剑桥古代史》,第四卷,第486页。

    (54)Herodotus,Histories,IV.196,Loeb Classical Library,Vol.2,trans.A.D.Godley,Cambridge,Mass.:Harvard University Press,1926,p.399.

    (55)Polybius,The Histories,VI.52,Vol.3,p.387.

    (56)Polybius,The Histories,II.1,Vol.2,p.241.

    (57)Plutarch,Lives,”Marcus Cato,” LXX 1,Loeb Classical Library,Vol.2,trans.Bernadotte Perrin,Cambridge,Mass.:Harvard University Press,1914,p.383.

    (58)Appian,The Punic Wars,XIX.127-135,Vol.1,pp.627—637; Diodorus of Sicily,Library of History,XXXIII.24,Vol.11,p.435.

    (59)Benjamin W.Wells,”Business and Politics at Carthage,” p.518.

    (60)Appian,The Punic Wars,XX 135,Vol.1,p.643.

    (61)Strabo,Geography,XVII.3.15,Vol.8,p.185.

    (62)A.E.阿斯汀等编:《剑桥古代史》,第八卷,第172页。

    (63)Benjamin W.Wells,”Business and Politics at Carthage,” p.506.

    (64)Polybius,The Histories,VI.56,Vol.3,p.393.

    (65)Diodorus of Sicily,Library of History,XXIII.11,Vol.11,p.95.

    (66)Diodorus of Sicily,Library of History,XXVI.1,Vol.11,p.179.

    (67)Diodorus of Sicily,Library of History,XX 10,Loeb Classical Library,Vol.10,trans.Russel M.Geer,Cambridge,Mass.:Harvard University Press,1954,p.169.

    (68)Diodorus of Sicily,Library of History,XXXIV/XXXV.33,Vol.12,pp.131-133.

    (69)Silius Italicus,Punica,I,171-172,Loeb Classical Library,Vol.1,trans.J.D.Duff,Cambridge,Mass.:Harvard University Press,1927,p.17.

    (70)J.Starks,”Fides Aeneia:The Transference of Punic Stereotypes in the Aeneid,” Classical Journal,Vol.94,No.3(Feb.-Mar.1999),pp.250-260.

    (71)Diodorus of Sicily,Library of History,XIV.46,Vol.6,p.141.

    (72)Diodorus of Sicily,Library of History,XIV.76,Vol.6,p.217.

    (73)Diodorus of Sicily,Library of History,XIII.96; XⅢ,108,Loeb Classical Library,Vol.5,trans.C.H.Oldfather,Cambridge,Mass.:Harvard University Press,1956,pp.395—397; 429.

    (74)Diodorus of Sicily,Library of History,XX.3,Loeb Classical Library,Vol.10,trans.Russel M.Geer,Cambridge,Mass.:Harvard University Press,1954,p.150.

    (75)Diodorus of Sicily,Library of History,XX.14,Vol.10,p.179.

    (76)Plutarch,Moralia,171C-D,Loeb Classical Library,Vol.2,trans.F.C.Babbitt,Cambridge,Mass.:Harvard University Press,1928,p.493; Diodorus of Sicily,Library of History,XX.14,Vol.10,p.179.

    (77)威尔·杜兰:《凯撒与基督》下册,周杰译,幼狮文化公司译,北京:东方出版社,2003年,第601页。麦勒卡特是推罗人的主神,但在迦太基宗教体系中的地位却有了明显的下降,并非主神。

    (78)Simon Hornblower,Antony Spawforth & Esther Eidinow,eds.,The Ox ford Classical Dictionary,p.284.

    (79)泽内达·A.拉戈金:《亚述:从帝国的崛起到尼尼微的陷落》,吴晓真译,北京:商务印书馆,2020年,第137页。

    (80)F.W.沃克班克等编:《剑桥古代史》,第七卷第二分册,胡玉娟等译,北京:中国社会科学出版社,2020年,第567页。

    (81)María Eugenia Aubet,The Phoenicians and the West:Politics,Colonies and Trade,pp.251-252.

    (82)Andrea Salimbeti,Raffaele D’ Amato,The Carthaginians,6th-2nd Century BC,p.10.

    (83)杜丹:《古代世界经济生活》,第181—183页。

    (84)Benjamin W.Wells,”Business and Politics at Carthage,” p.514.

    (85)理查德·迈尔斯:《迦太基必须灭亡:古文明的兴衰》,第132页。

    (86)菲利普C.内勒:《北非史》,韩志斌等译,北京:中国大百科全书出版社,2013年,第25页。

    (87)Simon Hornblower,Antony Spawforth & Esther Eidinow.eds.,The Ox ford Classical Dictionary,p.284.

    (88)B.H.Warmington,Carthage,p.209.

    (89)夏尔·安德烈·朱利安:《北非史》,第一卷上册,上海新闻出版系统“五七干校”翻译组译,上海:上海人民出版社,1974年,第167页。

    (90)理查德·迈尔斯:《迦太基必须灭亡:古文明的兴衰》,第105—107页。

    (91)Strabo,Geography,XVII.3.15,Vol.8,p.185.

    (92)Appian,The Civil Wars,I.24,Loeb Classical Library,Vol.3,trans.Horace White,Cambridge,Mass.:Harvard University Press,1913,p.49.

    (93)Appian,The Punic Wars,XX.136,Vol.1,p.645.

    (94)Strabo,Geography,XVII.3.15,Vol.8,p.185.

    (95)徐晓旭:《“罗马和平”下不同文化的相遇》,《光明日报》2020年9月21日,第14版。

    (96)Strabo,Geography,XVII.3.14,Vol.8,p.185.

    (97)理查德·迈尔斯:《迦太基必须灭亡:古文明的兴衰》,第27页。

    (98)泽内达·A.拉戈金:《亚述:从帝国的崛起到尼尼微的陷落》,第144页。

    (99)F.W.沃克班克等编:《剑桥古代史》第七卷第二分册,第564页。

    (100)夏尔·安德烈·朱利安:《北非史》,第129页。

    (101)B.H.Warmington,Carthage,p.42.

    (102)理查德·迈尔斯:《迦太基必须灭亡:古文明的兴衰》,第370页。

    (103)Mattew Bunson.ed.,A Dictionary of the Roman Empire,Oxford:Oxford University Press,1995,p.98.

    (104)B.H.Warmington,Carthage,p.42.

    (105)Cicero,De Re Publica,I,”Fragments,” 3,Loeb Classical Library,trans.C.W.Keyes,Cambridge,Mass.:Harvard University Press,1928,p.109.

    (106)亚里士多德:《政治学》,吴寿彭译,北京:商务印书馆,1965年,第106页。

    (107)F.W.沃克班克等编:《剑桥古代史》,第七卷第二分册,第537页。

    (108)Benjamin W.Wells,”Business and Politics at Carthage,” p.499.

    (109)Polybius,The Histories,XVIII.35,Loeb Classical Library,Vol.5,trans.W.R.Paton,Cambridge,Mass.:Harvard University Press,1926,p.163.

    本文转自《外国问题研究》2023年第2期

  • Yuval Noah Harari 《Nexus》

    Contents
    PROLOGUE
    PART I: Human Networks
    CHAPTER 1: What Is Information?
    CHAPTER 2: Stories: Unlimited Connections
    CHAPTER 3: Documents: The Bite of the Paper Tigers
    CHAPTER 4: Errors: The Fantasy of Infallibility
    CHAPTER 5: Decisions: A Brief History of Democracy and Totalitarianism
    PART II: The Inorganic Network
    CHAPTER 6: The New Members: How Computers Are Different from Printing Presses
    CHAPTER 7: Relentless: The Network Is Always On
    CHAPTER 8: Fallible: The Network Is Often Wrong
    PART III: Computer Politics
    CHAPTER 9: Democracies: Can We Still Hold a Conversation?
    CHAPTER 10: Totalitarianism: All Power to the Algorithms?
    CHAPTER 11: The Silicon Curtain: Global Empire or Global Split?
    EPILOGUE

    Prologue

    We have named our species Homo sapiens—the wise human. But it is debatable how well we have lived up to the name.
    Over the last 100,000 years, we Sapiens have certainly accumulated enormous power. Just listing all our discoveries, inventions, and conquests would fill volumes. But power isn’t wisdom, and after 100,000 years of discoveries, inventions, and conquests humanity has pushed itself into an existential crisis. We are on the verge of ecological collapse, caused by the misuse of our own power. We are also busy creating new technologies like artificial intelligence (AI) that have the potential to escape our control and enslave or annihilate us. Yet instead of our species uniting to deal with these existential challenges, international tensions are rising, global cooperation is becoming more difficult, countries are stockpiling doomsday weapons, and a new world war does not seem impossible.
    If we Sapiens are so wise, why are we so self-destructive?
    At a deeper level, although we have accumulated so much information about everything from DNA molecules to distant galaxies, it doesn’t seem that all this information has given us an answer to the big questions of life: Who are we? What should we aspire to? What is a good life, and how should we live it? Despite the stupendous amounts of information at our disposal, we are as susceptible as our ancient ancestors to fantasy and delusion. Nazism and Stalinism are but two recent examples of the mass insanity that occasionally engulfs even modern societies. Nobody disputes that humans today have a lot more information and power than in the Stone Age, but it is far from certain that we understand ourselves and our role in the universe much better.

    Why are we so good at accumulating more information and power, but far less successful at acquiring wisdom? Throughout history many traditions have believed that some fatal flaw in our nature tempts us to pursue powers we don’t know how to handle. The Greek myth of Phaethon told of a boy who discovers that he is the son of Helios, the sun god. Wishing to prove his divine origin, Phaethon demands the privilege of driving the chariot of the sun. Helios warns Phaethon that no human can control the celestial horses that pull the solar chariot. But Phaethon insists, until the sun god relents. After rising proudly in the sky, Phaethon indeed loses control of the chariot. The sun veers off course, scorching all vegetation, killing numerous beings, and threatening to burn the earth itself. Zeus intervenes and strikes Phaethon with a thunderbolt. The conceited human drops from the sky like a falling star, himself on fire. The gods reassert control of the sky and save the world.

    Two thousand years later, when the Industrial Revolution was making its first steps and machines began replacing humans in numerous tasks, Johann Wolfgang von Goethe published a similar cautionary tale titled “The Sorcerer’s Apprentice.” Goethe’s poem (later popularized as a Walt Disney animation starring Mickey Mouse) tells how an old sorcerer leaves a young apprentice in charge of his workshop and gives him some chores to tend to while he is gone, like fetching water from the river. The apprentice decides to make things easier for himself and, using one of the sorcerer’s spells, enchants a broom to fetch the water for him. But the apprentice doesn’t know how to stop the broom, which relentlessly fetches more and more water, threatening to flood the workshop. In panic, the apprentice cuts the enchanted broom in two with an ax, only to see each half become another broom. Now two enchanted brooms are inundating the workshop with water. When the old sorcerer returns, the apprentice pleads for help: “The spirits that I summoned, I now cannot rid myself of again.” The sorcerer immediately breaks the spell and stops the flood. The lesson to the apprentice—and to humanity—is clear: never summon powers you cannot control.

    What do the cautionary fables of the apprentice and of Phaethon tell us in the twenty-first century? We humans have obviously refused to heed their warnings. We have already driven the earth’s climate out of balance and have summoned billions of enchanted brooms, drones, chatbots, and other algorithmic spirits that may escape our control and unleash a flood of unintended consequences.

    What should we do, then? The fables offer no answers, other than to wait for some god or sorcerer to save us. This, of course, is an extremely dangerous message. It encourages people to abdicate responsibility and put their faith in gods and sorcerers instead. Even worse, it fails to appreciate that gods and sorcerers are themselves a human invention—just like chariots, brooms, and algorithms. The tendency to create powerful things with unintended consequences started not with the invention of the steam engine or AI but with the invention of religion. Prophets and theologians have repeatedly summoned powerful spirits that were supposed to bring love and joy but ended up flooding the world with blood.

    The Phaethon myth and Goethe’s poem fail to provide useful advice because they misconstrue the way humans gain power. In both fables, a single human acquires enormous power, but is then corrupted by hubris and greed. The conclusion is that our flawed individual psychology makes us abuse power. What this crude analysis misses is that human power is never the outcome of individual initiative. Power always stems from cooperation between large numbers of humans.

    Accordingly, it isn’t our individual psychology that causes us to abuse power. After all, alongside greed, hubris, and cruelty, humans are also capable of love, compassion, humility, and joy. True, among the worst members of our species, greed and cruelty reign supreme and lead bad actors to abuse power. But why would human societies choose to entrust power to their worst members? Most Germans in 1933, for example, were not psychopaths. So why did they vote for Hitler?

    Our tendency to summon powers we cannot control stems not from individual psychology but from the unique way our species cooperates in large numbers. The main argument of this book is that humankind gains enormous power by building large networks of cooperation, but the way these networks are built predisposes them to use power unwisely. Our problem, then, is a network problem.

    Even more specifically, it is an information problem. Information is the glue that holds networks together. But for tens of thousands of years, Sapiens built and maintained large networks by inventing and spreading fictions, fantasies, and mass delusions—about gods, about enchanted broomsticks, about AI, and about a great many other things. While each individual human is typically interested in knowing the truth about themselves and the world, large networks bind members and create order by relying on fictions and fantasies. That’s how we got, for example, to Nazism and Stalinism. These were exceptionally powerful networks, held together by exceptionally deluded ideas. As George Orwell famously put it, ignorance is strength.

    The fact that the Nazi and Stalinist regimes were founded on cruel fantasies and shameless lies did not make them historically exceptional, nor did it preordain them to collapse. Nazism and Stalinism were two of the strongest networks humans ever created. In late 1941 and early 1942, the Axis powers came within reach of winning World War II. Stalin eventually emerged as the victor of that war,1 and in the 1950s and 1960s he and his heirs also had a reasonable chance of winning the Cold War. By the 1990s liberal democracies had gained the upper hand, but this now seems like a temporary victory. In the twenty-first century, some new totalitarian regime may well succeed where Hitler and Stalin failed, creating an all-powerful network that could prevent future generations from even attempting to expose its lies and fictions. We should not assume that delusional networks are doomed to failure. If we want to prevent their triumph, we will have to do the hard work ourselves.

    THE NAIVE VIEW OF INFORMATION

    It is difficult to appreciate the strength of delusional networks because of a broader misunderstanding about how big information networks—whether delusional or not—operate. This misunderstanding is encapsulated in something I call “the naive view of information.” While fables like the myth of Phaethon and “The Sorcerer’s Apprentice” present an overly pessimistic view of individual human psychology, the naive view of information disseminates an overly optimistic view of large-scale human networks.

    The naive view argues that by gathering and processing much more information than individuals can, big networks achieve a better understanding of medicine, physics, economics, and numerous other fields, which makes the network not only powerful but also wise. For example, by gathering information on pathogens, pharmaceutical companies and health-care services can determine the true causes of many diseases, which enables them to develop more effective medicines and to make wiser decisions about their usage. This view posits that in sufficient quantities information leads to truth, and truth in turn leads to both power and wisdom. Ignorance, in contrast, seems to lead nowhere. While delusional or deceitful networks might occasionally arise in moments of historical crisis, in the long term they are bound to lose to more clear-sighted and honest rivals. A health-care service that ignores information about pathogens, or a pharmaceutical giant that deliberately spreads disinformation, will ultimately lose out to competitors that make wiser use of information. The naive view thus implies that delusional networks must be aberrations and that big networks can usually be trusted to handle power wisely.

    The naive view of information

    Of course, the naive view acknowledges that many things can go wrong on the path from information to truth. We might make honest mistakes in gathering and processing the information. Malicious actors motivated by greed or hate might hide important facts or try to deceive us. As a result, information sometimes leads to error rather than truth. For example, partial information, faulty analysis, or a disinformation campaign might lead even experts to misidentify the true cause of a particular disease.

    However, the naive view assumes that the antidote to most problems we encounter in gathering and processing information is gathering and processing even more information. While we are never completely safe from error, in most cases more information means greater accuracy. A single doctor wishing to identify the cause of an epidemic by examining a single patient is less likely to succeed than thousands of doctors gathering data on millions of patients. And if the doctors themselves conspire to hide the truth, making medical information more freely available to the public and to investigative journalists will eventually reveal the scam. According to this view, the bigger the information network, the closer it must be to the truth.

    Naturally, even if we analyze information accurately and discover important truths, this does not guarantee we will use the resulting capabilities wisely. Wisdom is commonly understood to mean “making right decisions,” but what “right” means depends on value judgments that differ between diverse people, cultures, or ideologies. Scientists who discover a new pathogen may develop a vaccine to protect people. But if the scientists—or their political overlords—believe in a racist ideology that advocates that some races are inferior and should be exterminated, the new medical knowledge might be used to develop a biological weapon that kills millions.

    In this case too, the naive view of information holds that additional information offers at least a partial remedy. The naive view thinks that disagreements about values turn out on closer inspection to be the fault of either the lack of information or deliberate disinformation. According to this view, racists are ill-informed people who just don’t know the facts of biology and history. They think that “race” is a valid biological category, and they have been brainwashed by bogus conspiracy theories. The remedy to racism is therefore to provide people with more biological and historical facts. It may take time, but in a free market of information sooner or later truth will prevail.

    The naive view is of course more nuanced and thoughtful than can be explained in a few paragraphs, but its core tenet is that information is an essentially good thing, and the more we have of it, the better. Given enough information and enough time, we are bound to discover the truth about things ranging from viral infections to racist biases, thereby developing not only our power but also the wisdom necessary to use that power well.

    This naive view justifies the pursuit of ever more powerful information technologies and has been the semiofficial ideology of the computer age and the internet. In June 1989, a few months before the fall of the Berlin Wall and of the Iron Curtain, Ronald Reagan declared that “the Goliath of totalitarian control will rapidly be brought down by the David of the microchip” and that “the biggest of Big Brothers is increasingly helpless against communications technology.… Information is the oxygen of the modern age.… It seeps through the walls topped with barbed wire. It wafts across the electrified, booby-trapped borders. Breezes of electronic beams blow through the Iron Curtain as if it was lace.”2 In November 2009, Barack Obama spoke in the same spirit on a visit to Shanghai, telling his Chinese hosts, “I am a big believer in technology and I’m a big believer in openness when it comes to the flow of information. I think that the more freely information flows, the stronger the society becomes.”3

    Entrepreneurs and corporations have often expressed similarly rosy views of information technology. Already in 1858 an editorial in The New Englander about the invention of the telegraph stated, “It is impossible that old prejudices and hostilities should longer exist, while such an instrument has been created for an exchange of thought between all the nations of the earth.”4 Nearly two centuries and two world wars later, Mark Zuckerberg said that Facebook’s goal “is to help people to share more in order to make the world more open and to help promote understanding between people.”5

    In his 2024 book, The Singularity Is Nearer, the eminent futurologist and entrepreneur Ray Kurzweil surveys the history of information technology and concludes that “the reality is that nearly every aspect of life is getting progressively better as a result of exponentially improving technology.” Looking back at the grand sweep of human history, he cites examples like the invention of the printing press to argue that by its very nature information technology tends to spawn “a virtuous circle advancing nearly every aspect of human well-being, including literacy, education, wealth, sanitation, health, democratization and reduction in violence.”6

    The naive view of information is perhaps most succinctly captured in Google’s mission statement “to organize the world’s information and make it universally accessible and useful.” Google’s answer to Goethe’s warnings is that while a single apprentice pilfering his master’s secret spell book is likely to cause disaster, when a lot of apprentices are given free access to all the world’s information, they will not only create useful enchanted brooms but also learn to handle them wisely.

    GOOGLE VERSUS GOETHE

    It must be stressed that there are numerous cases when having more information has indeed enabled humans to understand the world better and to make wiser use of their power. Consider, for example, the dramatic reduction in child mortality. Johann Wolfgang von Goethe was the eldest of seven siblings, but only he and his sister Cornelia got to celebrate their seventh birthday. Disease carried off their brother Hermann Jacob at age six, their sister Catharina Elisabeth at age four, their sister Johanna Maria at age two, their brother Georg Adolf at age eight months, and a fifth, unnamed brother was stillborn. Cornelia then died from disease aged twenty-six, leaving Johann Wolfgang as the sole survivor from their family.7

    Johann Wolfgang von Goethe went on to have five children of his own, of whom all but the eldest son—August—died within two weeks of their birth. In all probability the cause was incompatibility between the blood groups of Goethe and his wife, Christiane, which after the first successful pregnancy led the mother to develop antibodies to the fetal blood. This condition, known as rhesus disease, is nowadays treated so effectively that the mortality rate is less than 2 percent, but in the 1790s it had an average mortality rate of 50 percent, and for Goethe’s four younger children it was a death sentence.8

    Altogether in the Goethe family—a well-to-do German family in the late eighteenth century—the child survival rate was an abysmal 25 percent. Only three out of twelve children reached adulthood. This horrendous statistic was not exceptional. Around the time Goethe wrote “The Sorcerer’s Apprentice” in 1797, it is estimated that only about 50 percent of German children reached age fifteen,9 and the same was probably true in most other parts of the world.10 By 2020, 95.6 percent of children worldwide lived beyond their fifteenth birthday,11 and in Germany that figure was 99.5 percent.12 This momentous achievement would not have been possible without collecting, analyzing, and sharing massive amounts of medical data about things like blood groups. In this case, then, the naive view of information proved to be correct.

    However, the naive view of information sees only part of the picture, and the history of the modern age was not just about reducing child mortality. In recent generations humanity has experienced the greatest increase ever in both the amount and the speed of our information production. Every smartphone contains more information than the ancient Library of Alexandria13 and enables its owner to instantaneously connect to billions of other people throughout the world. Yet with all this information circulating at breathtaking speeds, humanity is closer than ever to annihilating itself.

    Despite—or perhaps because of—our hoard of data, we are continuing to spew greenhouse gases into the atmosphere, pollute rivers and oceans, cut down forests, destroy entire habitats, drive countless species to extinction, and jeopardize the ecological foundations of our own species. We are also producing ever more powerful weapons of mass destruction, from thermonuclear bombs to doomsday viruses. Our leaders don’t lack information about these dangers, yet instead of collaborating to find solutions, they are edging closer to a global war.

    Would having even more information make things better—or worse? We will soon find out. Numerous corporations and governments are in a race to develop the most powerful information technology in history—AI. Some leading entrepreneurs, like the American investor Marc Andreessen, believe that AI will finally solve all of humanity’s problems. On June 6, 2023, Andreessen published an essay titled “Why AI Will Save the World,” peppered with bold statements like “I am here to bring the good news: AI will not destroy the world, and in fact may save it” and “AI can make everything we care about better.” He concluded, “The development and proliferation of AI—far from a risk that we should fear—is a moral obligation that we have to ourselves, to our children, and to our future.”14

    Ray Kurzweil concurs, arguing in The Singularity Is Nearer that “AI is the pivotal technology that will allow us to meet the pressing challenges that confront us, including overcoming disease, poverty, environmental degradation, and all of our human frailties. We have a moral imperative to realize this promise of new technologies.” Kurzweil is keenly aware of the technology’s potential perils, and analyzes them at length, but believes they could be mitigated successfully.15

    Others are more skeptical. Not only philosophers and social scientists but also many leading AI experts and entrepreneurs like Yoshua Bengio, Geoffrey Hinton, Sam Altman, Elon Musk, and Mustafa Suleyman have warned the public that AI could destroy our civilization.16 A 2024 article co-authored by Bengio, Hinton, and numerous other experts noted that “unchecked AI advancement could culminate in a large-scale loss of life and the biosphere, and the marginalization or even extinction of humanity.”17 In a 2023 survey of 2,778 AI researchers, more than a third gave at least a 10 percent chance to advanced AI leading to outcomes as bad as human extinction.18 In 2023 close to thirty governments—including those of China, the United States, and the U.K.—signed the Bletchley Declaration on AI, which acknowledged that “there is potential for serious, even catastrophic, harm, either deliberate or unintentional, stemming from the most significant capabilities of these AI models.”19 By using such apocalyptic terms, experts and governments have no wish to conjure a Hollywood image of killer robots running in the streets and shooting people. Such a scenario is unlikely, and it merely distracts people from the real dangers. Rather, experts warn about two other scenarios.

    First, the power of AI could supercharge existing human conflicts, dividing humanity against itself. Just as in the twentieth century the Iron Curtain divided the rival powers in the Cold War, so in the twenty-first century the Silicon Curtain—made of silicon chips and computer codes rather than barbed wire—might come to divide rival powers in a new global conflict. Because the AI arms race will produce ever more destructive weapons, even a small spark might ignite a cataclysmic conflagration.

    Second, the Silicon Curtain might come to divide not one group of humans from another but rather all humans from our new AI overlords. No matter where we live, we might find ourselves cocooned by a web of unfathomable algorithms that manage our lives, reshape our politics and culture, and even reengineer our bodies and minds—while we can no longer comprehend the forces that control us, let alone stop them. If a twenty-first-century totalitarian network succeeds in conquering the world, it may be run by nonhuman intelligence, rather than by a human dictator. People who single out China, Russia, or a post-democratic United States as their main source for totalitarian nightmares misunderstand the danger. In fact, Chinese, Russians, Americans, and all other humans are together threatened by the totalitarian potential of nonhuman intelligence.

    Given the magnitude of the danger, AI should be of interest to all human beings. While not everyone can become an AI expert, we should all keep in mind that AI is the first technology in history that can make decisions and create new ideas by itself. All previous human inventions have empowered humans, because no matter how powerful the new tool was, the decisions about its usage always remained in our hands. Knives and bombs do not themselves decide whom to kill. They are dumb tools, lacking the intelligence necessary to process information and make independent decisions. In contrast, AI has the required intelligence to process information by itself, and therefore replace humans in decision making.

    Its mastery of information also enables AI to independently generate new ideas, in fields ranging from music to medicine. Gramophones played our music, and microscopes revealed the secrets of our cells, but gramophones couldn’t compose new symphonies, and microscopes couldn’t synthesize new drugs. AI is already capable of producing art and making scientific discoveries by itself. In the next few decades, it will likely gain the ability even to create new life-forms, either by writing genetic code or by inventing an inorganic code animating inorganic entities.

    Even at the present moment, in the embryonic stage of the AI revolution, computers already make decisions about us—whether to give us a mortgage, to hire us for a job, to send us to prison. This trend will only increase and accelerate, making it more difficult to understand our own lives. Can we trust computer algorithms to make wise decisions and create a better world? That’s a much bigger gamble than trusting an enchanted broom to fetch water. And it is more than just human lives we are gambling on. AI could alter the course not just of our species’ history but of the evolution of all life-forms.

    WEAPONIZING INFORMATION

    In 2016, I published Homo Deus, a book that highlighted some of the dangers posed to humanity by the new information technologies. That book argued that the real hero of history has always been information, rather than Homo sapiens, and that scientists increasingly understand not just history but also biology, politics, and economics in terms of information flows. Animals, states, and markets are all information networks, absorbing data from the environment, making decisions, and releasing data back. The book warned that while we hope better information technology will give us health, happiness, and power, it may actually take power away from us and destroy both our physical and our mental health. Homo Deus hypothesized that if humans aren’t careful, we might dissolve within the torrent of information like a clump of earth within a gushing river, and that in the grand scheme of things humanity will turn out to have been just a ripple within the cosmic dataflow.

    In the years since Homo Deus was published, the pace of change has only accelerated, and power has indeed been shifting from humans to algorithms. Many of the scenarios that sounded like science fiction in 2016—such as algorithms that can create art, masquerade as human beings, make crucial life decisions about us, and know more about us than we know about ourselves—are everyday realities in 2024.

    Many other things have changed since 2016. The ecological crisis has intensified, international tensions have escalated, and a populist wave has undermined the cohesion of even the most robust democracies. Populism has also mounted a radical challenge to the naive view of information. Populist leaders such as Donald Trump and Jair Bolsonaro, and populist movements and conspiracy theories such as QAnon and the anti-vaxxers, have argued that all traditional institutions that gain authority by claiming to gather information and discover truth are simply lying. Bureaucrats, judges, doctors, mainstream journalists, and academic experts are elite cabals that have no interest in the truth and are deliberately spreading disinformation to gain power and privileges for themselves at the expense of “the people.” The rise of politicians like Trump and movements like QAnon has a specific political context, unique to the conditions of the United States in the late 2010s. But populism as an antiestablishment worldview long predated Trump and is relevant to numerous other historical contexts now and in the future. In a nutshell, populism views information as a weapon.20

    The populist view of information

    In its more extreme versions, populism posits that there is no objective truth at all and that everyone has “their own truth,” which they wield to vanquish rivals. According to this worldview, power is the only reality. All social interactions are power struggles, because humans are interested only in power. The claim to be interested in something else—like truth or justice—is nothing more than a ploy to gain power. Whenever and wherever populism succeeds in disseminating the view of information as a weapon, language itself is undermined. Nouns like “facts” and adjectives like “accurate” and “truthful” become elusive. Such words are not taken as pointing to a common objective reality. Rather, any talk of “facts” or “truth” is bound to prompt at least some people to ask, “Whose facts and whose truth are you referring to?”

    It should be stressed that this power-focused and deeply skeptical view of information isn’t a new phenomenon and it wasn’t invented by anti-vaxxers, flat-earthers, Bolsonaristas, or Trump supporters. Similar views have been propagated long before 2016, including by some of humanity’s brightest minds.21 In the late twentieth century, for example, intellectuals from the radical left like Michel Foucault and Edward Said claimed that scientific institutions like clinics and universities are not pursuing timeless and objective truths but are instead using power to determine what counts as truth, in the service of capitalist and colonialist elites. These radical critiques occasionally went as far as arguing that “scientific facts” are nothing more than a capitalist or colonialist “discourse” and that people in power can never be really interested in truth and can never be trusted to recognize and correct their own mistakes.22

    This particular line of radical leftist thinking goes back to Karl Marx, who argued in the mid-nineteenth century that power is the only reality, that information is a weapon, and that elites who claim to be serving truth and justice are in fact pursuing narrow class privileges. In the words of the 1848 Communist Manifesto, “The history of all hitherto existing societies is the history of class struggles. Freeman and slave, patrician and plebeian, lord and serf, guildmaster and journeyman, in a word, oppressor and oppressed stood in constant opposition to one another, carried on an uninterrupted, now hidden, now open, fight.” This binary interpretation of history implies that every human interaction is a power struggle between oppressors and oppressed. Accordingly, whenever anyone says anything, the question to ask isn’t, “What is being said? Is it true?” but rather, “Who is saying this? Whose privileges does it serve?”

    Of course, right-wing populists such as Trump and Bolsonaro are unlikely to have read Foucault or Marx, and indeed present themselves as fiercely anti-Marxist. They also greatly differ from Marxists in their suggested policies in fields like taxation and welfare. But their basic view of society and of information is surprisingly Marxist, seeing all human interactions as a power struggle between oppressors and oppressed. For example, in his inaugural address in 2017 Trump announced that “a small group in our nation’s capital has reaped the rewards of government while the people have borne the cost.”23 Such rhetoric is a staple of populism, which the political scientist Cas Mudde has described as an “ideology that considers society to be ultimately separated into two homogeneous and antagonistic groups, ‘the pure people’ versus ‘the corrupt elite.’ ”24 Just as Marxists claimed that the media functions as a mouthpiece for the capitalist class, and that scientific institutions like universities spread disinformation in order to perpetuate capitalist control, populists accuse these same institutions of working to advance the interests of the “corrupt elites” at the expense of “the people.”

    Present-day populists also suffer from the same incoherency that plagued radical antiestablishment movements in previous generations. If power is the only reality, and if information is just a weapon, what does it imply about the populists themselves? Are they too interested only in power, and are they too lying to us to gain power?

    Populists have sought to extricate themselves from this conundrum in two different ways. Some populist movements claim adherence to the ideals of modern science and to the traditions of skeptical empiricism. They tell people that indeed you should never trust any institutions or figures of authority—including self-proclaimed populist parties and politicians. Instead, you should “do your own research” and trust only what you can directly observe by yourself.25 This radical empiricist position implies that while large-scale institutions like political parties, courts, newspapers, and universities can never be trusted, individuals who make the effort can still find the truth by themselves.

    This approach may sound scientific and may appeal to free-spirited individuals, but it leaves open the question of how human communities can cooperate to build health-care systems or pass environmental regulations, which demand large-scale institutional organization. Is a single individual capable of doing all the necessary research to decide whether the earth’s climate is heating up and what should be done about it? How would a single person go about collecting climate data from throughout the world, not to mention obtaining reliable records from past centuries? Trusting only “my own research” may sound scientific, but in practice it amounts to believing that there is no objective truth. As we shall see in chapter 4, science is a collaborative institutional effort rather than a personal quest.

    An alternative populist solution is to abandon the modern scientific ideal of finding the truth via “research” and instead go back to relying on divine revelation or mysticism. Traditional religions like Christianity, Islam, and Hinduism have typically characterized humans as untrustworthy power-hungry creatures who can access the truth only thanks to the intervention of a divine intelligence. In the 2010s and early 2020s populist parties from Brazil to Turkey and from the United States to India have aligned themselves with such traditional religions. They have expressed radical doubt about modern institutions while declaring complete faith in ancient scriptures. The populists claim that the articles you read in The New York Times or in Science are just an elitist ploy to gain power, but what you read in the Bible, the Quran, or the Vedas is absolute truth.26

    A variation on this theme calls on people to put their trust in charismatic leaders like Trump and Bolsonaro, who are depicted by their supporters either as the messengers of God27 or as possessing a mystical bond with “the people.” While ordinary politicians lie to the people in order to gain power for themselves, the charismatic leader is the infallible mouthpiece of the people who exposes all the lies.28 One of the recurrent paradoxes of populism is that it starts by warning us that all human elites are driven by a dangerous hunger for power, but often ends by entrusting all power to a single ambitious human.

    We will explore populism at greater depth in chapter 5, but at this point it is important to note that populists are eroding trust in large-scale institutions and international cooperation just when humanity confronts the existential challenges of ecological collapse, global war, and out-of-control technology. Instead of trusting complex human institutions, populists give us the same advice as the Phaethon myth and “The Sorcerer’s Apprentice”: “Trust God or the great sorcerer to intervene and make everything right again.” If we take this advice, we’ll likely find ourselves in the short term under the thumb of the worst kind of power-hungry humans, and in the long term under the thumb of new AI overlords. Or we might find ourselves nowhere at all, as Earth becomes inhospitable for human life.

    If we wish to avoid relinquishing power to a charismatic leader or an inscrutable AI, we must first gain a better understanding of what information is, how it helps to build human networks, and how it relates to truth and power. Populists are right to be suspicious of the naive view of information, but they are wrong to think that power is the only reality and that information is always a weapon. Information isn’t the raw material of truth, but it isn’t a mere weapon, either. There is enough space between these extremes for a more nuanced and hopeful view of human information networks and of our ability to handle power wisely. This book is dedicated to exploring that middle ground.

    THE ROAD AHEAD

    The first part of this book surveys the historical development of human information networks. It doesn’t attempt to present a comprehensive century-by-century account of information technologies like script, printing presses, and radio. Instead, by studying a few examples, it explores key dilemmas that people in all eras faced when trying to construct information networks, and it examines how different answers to these dilemmas shaped contrasting human societies. What we usually think of as ideological and political conflicts often turn out to be clashes between opposing types of information networks.

    Part 1 begins by examining two principles that have been essential for large-scale human information networks: mythology and bureaucracy. Chapters 2 and 3 describe how large-scale information networks—from ancient kingdoms to present-day states—have relied on both mythmakers and bureaucrats. The stories of the Bible, for example, were essential for the Christian Church, but there would have been no Bible if church bureaucrats hadn’t curated, edited, and disseminated these stories. A difficult dilemma for every human network is that mythmakers and bureaucrats tend to pull in different directions. Institutions and societies are often defined by the balance they manage to find between the conflicting needs of their mythmakers and their bureaucrats. The Christian Church itself split into rival churches, like the Catholic and Protestant churches, which struck different balances between mythology and bureaucracy.

    Chapter 4 then focuses on the problem of erroneous information and on the benefits and drawbacks of maintaining self-correcting mechanisms, such as independent courts or peer-reviewed journals. The chapter contrasts institutions that relied on weak self-correcting mechanisms, like the Catholic Church, with institutions that developed strong self-correcting mechanisms, like scientific disciplines. Weak self-correcting mechanisms sometimes result in historical calamities like the early modern European witch hunts, while strong self-correcting mechanisms sometimes destabilize the network from within. Judged in terms of longevity, spread, and power, the Catholic Church has been perhaps the most successful institution in human history, despite—or perhaps because of—the relative weakness of its self-correcting mechanisms.

    After part 1 surveys the roles of mythology and bureaucracy, and the contrast between strong and weak self-correcting mechanisms, chapter 5 concludes the historical discussion by focusing on another contrast—between distributed and centralized information networks. Democratic systems allow information to flow freely along many independent channels, whereas totalitarian systems strive to concentrate information in one hub. Each choice has both advantages and shortcomings. Understanding political systems like the United States and the U.S.S.R. in terms of information flows can explain much about their differing trajectories.

    This historical part of the book is crucial for understanding present-day developments and future scenarios. The rise of AI is arguably the biggest information revolution in history. But we cannot understand it unless we compare it with its predecessors. History isn’t the study of the past; it is the study of change. History teaches us what remains the same, what changes, and how things change. This is as relevant to information revolutions as to every other kind of historical transformation. Thus, understanding the process through which the allegedly infallible Bible was canonized provides valuable insight about present-day claims for AI infallibility. Similarly, studying the early modern witch hunts and Stalin’s collectivization offers stark warnings about what might go wrong as we give AIs greater control over twenty-first-century societies. A deep knowledge of history is also vital to understand what is new about AI, how it is fundamentally different from printing presses and radio sets, and in what specific ways future AI dictatorship could be very unlike anything we have seen before.

    The book doesn’t argue that studying the past enables us to predict the future. As emphasized repeatedly in the following pages, history is not deterministic, and the future will be shaped by the choices we all make in coming years. The whole point of writing this book is that by making informed choices, we can prevent the worst outcomes. If we cannot change the future, why waste time discussing it?

    Building upon the historical survey in part 1, the book’s second part—“The Inorganic Network”—examines the new information network we are creating today, focusing on the political implications of the rise of AI. Chapters 6–8 discuss recent examples from throughout the world—such as the role of social media algorithms in instigating ethnic violence in Myanmar in 2016–17—to explain in what ways AI is different from all previous information technologies. Examples are taken mostly from the 2010s rather than the 2020s, because we have gained a modicum of historical perspective on events of the 2010s.

    Part 2 argues that we are creating an entirely new kind of information network, without pausing to reckon with its implications. It emphasizes the shift from organic to inorganic information networks. The Roman Empire, the Catholic Church, and the U.S.S.R. all relied on carbon-based brains to process information and make decisions. The silicon-based computers that dominate the new information network function in radically different ways. For better or worse, silicon chips are free from many of the limitations that organic biochemistry imposes on carbon neurons. Silicon chips can create spies that never sleep, financiers that never forget, and despots that never die. How will this change society, economics, and politics?

    The third and final part of the book—“Computer Politics”—examines how different kinds of societies might deal with the threats and promises of the inorganic information network. Will carbon-based life-forms like us have a chance of understanding and controlling the new information network? As noted above, history isn’t deterministic, and for at least a few more years we Sapiens still have the power to shape our future.

    Accordingly, chapter 9 explores how democracies might deal with the inorganic network. How, for example, can flesh-and-blood politicians make financial decisions if the financial system is increasingly controlled by AI and the very meaning of money comes to depend on inscrutable algorithms? How can democracies maintain a public conversation about anything—be it finance or gender—if we can no longer know whether we are talking with another human or with a chatbot masquerading as a human?

    Chapter 10 explores the potential impact of the inorganic network on totalitarianism. While dictators would be happy to get rid of all public conversations, they have their own fears of AI. Autocracies are based on terrorizing and censoring their own agents. But how can a human dictator terrorize an AI, censor its unfathomable processes, or prevent it from seizing power to itself?

    Finally, chapter 11 explores how the new information network could influence the balance of power between democratic and totalitarian societies on the global level. Will AI tilt the balance decisively in favor of one camp? Will the world split into hostile blocs whose rivalry makes all of us easy prey for an out-of-control AI? Or can we unite in defense of our common interests?

    But before we explore the past, present, and possible futures of information networks, we need to start with a deceptively simple question. What exactly is information?

    PART I  Human Networks

    CHAPTER 1 What Is Information?

    It is always tricky to define fundamental concepts. Since they are the basis for everything that follows, they themselves seem to lack any basis of their own. Physicists have a hard time defining matter and energy, biologists have a hard time defining life, and philosophers have a hard time defining reality.

    Information is increasingly seen by many philosophers and biologists, and even by some physicists, as the most basic building block of reality, more elementary than matter and energy.1 No wonder that there are many disputes about how to define information, and how it is related to the evolution of life or to basic ideas in physics such as entropy, the laws of thermodynamics, and the quantum uncertainty principle.2 This book will make no attempt to resolve—or even explain—these disputes, nor will it offer a universal definition of information applicable to physics, biology, and all other fields of knowledge. Since it is a work of history, which studies the past and future development of human societies, it will focus on the definition and role of information in history.

    In everyday usage, information is associated with human-made symbols like spoken or written words. Consider, for example, the story of Cher Ami and the Lost Battalion. In October 1918, when the American Expeditionary Forces was fighting to liberate northern France from the Germans, a battalion of more than five hundred American soldiers was trapped behind enemy lines. American artillery, which was trying to provide them with cover fire, misidentified their location and dropped the barrage directly on them. The battalion’s commander, Major Charles Whittlesey, urgently needed to inform headquarters of his true location, but no runner could break through the German line. According to several accounts, as a last resort Whittlesey turned to Cher Ami, an army carrier pigeon. On a tiny piece of paper, Whittlesey wrote, “We are along the road paralell [sic] 276.4. Our artillery is dropping a barrage directly on us. For heaven’s sake stop it.” The paper was inserted into a canister on Cher Ami’s right leg, and the bird was released into the air. One of the battalion’s soldiers, Private John Nell, recalled years later, “We knew without a doubt this was our last chance. If that one lonely, scared pigeon failed to find its loft, our fate was sealed.”

    Witnesses later described how Cher Ami flew into heavy German fire. A shell exploded directly below the bird, killing five men and severely injuring the pigeon. A splinter tore through Cher Ami’s chest, and his right leg was left hanging by a tendon. But he got through. The wounded pigeon flew the forty kilometers to division headquarters in about forty-five minutes, with the canister containing the crucial message attached to the remnant of his right leg. Though there is some controversy about the exact details, it is clear that the American artillery adjusted its barrage, and an American counterattack rescued the Lost Battalion. Cher Ami was tended by army medics, sent to the United States as a hero, and became the subject of numerous articles, short stories, children’s books, poems, and even movies. The pigeon had no idea what information he was conveying, but the symbols inked on the piece of paper he carried helped save hundreds of men from death and captivity.3

    Information, however, does not have to consist of human-made symbols. According to the biblical myth of the Flood, Noah learned that the water had finally receded because the pigeon he sent out from the ark returned with an olive branch in her mouth. Then God set a rainbow in the clouds as a heavenly record of his promise never to flood the earth again. Pigeons, olive branches, and rainbows have since become iconic symbols of peace and tolerance. Objects that are even more remote than rainbows can also be information. For astronomers the shape and movement of galaxies constitute crucial information about the history of the universe. For navigators the North Star indicates which way is north. For astrologers the stars are a cosmic script, conveying information about the future of individual humans and entire societies.

    Of course, defining something as “information” is a matter of perspective. An astronomer or astrologer might view the Libra constellation as “information,” but these distant stars are far more than just a notice board for human observers. There might be an alien civilization up there, totally oblivious to the information we glean from their home and to the stories we tell about it. Similarly, a piece of paper marked with ink splotches can be crucial information for an army unit, or dinner for a family of termites. Any object can be information—or not. This makes it difficult to define what information is.

    The ambivalence of information has played an important role in the annals of military espionage, when spies needed to communicate information surreptitiously. During World War I, northern France was not the only major battleground. From 1915 to 1918 the British and Ottoman Empires fought for control of the Middle East. After repulsing an Ottoman attack on the Sinai Peninsula and the Suez Canal, the British in turn invaded the Ottoman Empire, but were held at bay until October 1917 by a fortified Ottoman line stretching from Beersheba to Gaza. British attempts to break through were repulsed at the First Battle of Gaza (March 26, 1917) and the Second Battle of Gaza (April 17–19, 1917). Meanwhile, pro-British Jews living in Palestine set up a spy network code-named NILI to inform the British about Ottoman troop movements. One method they developed to communicate with their British operators involved window shutters. Sarah Aaronsohn, a NILI commander, had a house overlooking the Mediterranean. She signaled British ships by closing or opening a particular shutter, according to a predetermined code. Numerous people, including Ottoman soldiers, could obviously see the shutter, but nobody other than NILI agents and their British operators understood it was vital military information.4 So, when is a shutter just a shutter, and when is it information?

    The Ottomans eventually caught the NILI spy ring due in part to a strange mishap. In addition to shutters, NILI used carrier pigeons to convey coded messages. On September 3, 1917, one of the pigeons diverted off course and landed in—of all places—the house of an Ottoman officer. The officer found the coded message but couldn’t decipher it. Nevertheless, the pigeon itself was crucial information. Its existence indicated to the Ottomans that a spy ring was operating under their noses. As Marshall McLuhan might have put it, the pigeon was the message. NILI agents learned about the capture of the pigeon and immediately killed and buried all the remaining birds they had, because the mere possession of carrier pigeons was now incriminating information. But the massacre of the pigeons did not save NILI. Within a month the spy network was uncovered, several of its members were executed, and Sarah Aaronsohn committed suicide to avoid divulging NILI’s secrets under torture.5 When is a pigeon just a pigeon, and when is it information?

    Clearly, then, information cannot be defined as specific types of material objects. Any object—a star, a shutter, a pigeon—can be information in the right context. So exactly what context defines such objects as “information”? The naive view of information argues that objects are defined as information in the context of truth seeking. Something is information if people use it to try to discover the truth. This view links the concept of information with the concept of truth and assumes that the main role of information is to represent reality. There is a reality “out there,” and information is something that represents that reality and that we can therefore use to learn about reality. For example, the information NILI provided the British was meant to represent the reality of Ottoman troop movements. If the Ottomans massed ten thousand soldiers in Gaza—the centerpiece of their defenses—a piece of paper with symbols representing “ten thousand” and “Gaza” was important information that could help the British win the battle. If, on the other hand, there were actually twenty thousand Ottoman troops in Gaza, that piece of paper did not represent reality accurately, and could lead the British to make a disastrous military mistake.

    Put another way, the naive view argues that information is an attempt to represent reality, and when this attempt succeeds, we call it truth. While this book takes many issues with the naive view, it agrees that truth is an accurate representation of reality. But this book also holds that most information is not an attempt to represent reality and that what defines information is something entirely different. Most information in human society, and indeed in other biological and physical systems, does not represent anything.

    I want to spend a little longer on this complex and crucial argument, because it constitutes the theoretical basis of the book.

    WHAT IS TRUTH?

    Throughout this book, “truth” is understood as something that accurately represents certain aspects of reality. Underlying the notion of truth is the premise that there exists one universal reality. Anything that has ever existed or will ever exist in the universe—from the North Star, to the NILI pigeon, to web pages on astrology—is part of this single reality. This is why the search for truth is a universal project. While different people, nations, or cultures may have competing beliefs and feelings, they cannot possess contradictory truths, because they all share a universal reality. Anyone who rejects universalism rejects truth.

    Truth and reality are nevertheless different things, because no matter how truthful an account is, it can never represent reality in all its aspects. If a NILI agent wrote that there are ten thousand Ottoman soldiers in Gaza, and there were indeed ten thousand soldiers there, this accurately pointed to a certain aspect of reality, but it neglected many other aspects. The very act of counting entities—whether apples, oranges, or soldiers—necessarily focuses attention on the similarities between these entities while discounting differences.6 For example, saying only that there were ten thousand Ottoman soldiers in Gaza neglected to specify whether some were experienced veterans and others were green recruits. If there were a thousand recruits and nine thousand old hands, the military reality was quite different from if there were nine thousand rookies and a thousand battle-hardened veterans.

    There were many other differences between the soldiers. Some were healthy; others were sick. Some Ottoman troops were ethnically Turkish, while others were Arabs, Kurds, or Jews. Some were brave, others cowardly. Indeed, each soldier was a unique human being, with different parents and friends and individual fears and hopes. World War I poets like Wilfred Owen famously attempted to represent these latter aspects of military reality, which mere statistics never conveyed accurately. Does this imply that writing “ten thousand soldiers” is always a misrepresentation of reality, and that to describe the military situation around Gaza in 1917, we must specify the unique history and personality of every soldier?

    Another problem with any attempt to represent reality is that reality contains many viewpoints. For example, present-day Israelis, Palestinians, Turks, and Britons have different perspectives on the British invasion of the Ottoman Empire, the NILI underground, and the activities of Sarah Aaronsohn. That does not mean, of course, that there are several entirely separate realities, or that there are no historical facts. There is just one reality, but it is complex.

    Reality includes an objective level with objective facts that don’t depend on people’s beliefs; for example, it is an objective fact that Sarah Aaronsohn died on October 9, 1917, from self-inflicted gunshot wounds. Saying that “Sarah Aaronsohn died in an airplane crash on May 15, 1919,” is an error.

    Reality also includes a subjective level with subjective facts like the beliefs and feelings of various people, but in this case too facts can be separated from errors. For example, it is a fact that Israelis tend to regard Aaronsohn as a patriotic hero. Three weeks after her suicide, the information NILI supplied helped the British finally break the Ottoman line at the Battle of Beersheba (October 31, 1917) and the Third Battle of Gaza (November 1–2, 1917). On November 2, 1917, the British foreign secretary, Arthur Balfour, issued the Balfour Declaration, announcing that the British government “view with favor the establishment in Palestine of a national home for the Jewish people.” Israelis credit this in part to NILI and Sarah Aaronsohn, whom they admire for her sacrifice. It is another fact that Palestinians evaluate things very differently. Rather than admiring Aaronsohn, they regard her—if they’ve heard about her at all—as an imperialist agent. Even though we are dealing here with subjective views and feelings, we can still distinguish truth from falsehood. For views and feelings—just like stars and pigeons—are a part of the universal reality. Saying that “Sarah Aaronsohn is admired by everyone for her role in defeating the Ottoman Empire” is an error, not in line with reality.

    Nationality is not the only thing that affects people’s viewpoint. Israeli men and Israeli women may see Aaronsohn differently, and so do left-wingers and right-wingers, or Orthodox and secular Jews. Since suicide is forbidden by Jewish religious law, Orthodox Jews have difficulty seeing Aaronsohn’s suicide as a heroic act (she was actually denied burial in the hallowed ground of a Jewish cemetery). Ultimately, each individual has a different perspective on the world, shaped by the intersection of different personalities and life histories. Does this imply that when we wish to describe reality, we must always list all the different viewpoints it contains and that a truthful biography of Sarah Aaronsohn, for example, must specify how every single Israeli and Palestinian has felt about her?

    Taken to extremes, such a pursuit of accuracy may lead us to try to represent the world on a one-to-one scale, as in the famous Jorge Luis Borges story “On Exactitude in Science” (1946). In this story Borges tells of a fictitious ancient empire that became obsessed with producing ever more accurate maps of its territory, until eventually it produced a map with a one-to-one scale. The entire empire was covered with a map of the empire. So many resources were wasted on this ambitious representational project that the empire collapsed. Then the map too began to disintegrate, and Borges tells us that only “in the western Deserts, tattered fragments of the map are still to be found, sheltering an occasional beast or beggar.”7 A one-to-one map may look like the ultimate representation of reality, but tellingly it is no longer a representation at all; it is the reality.

    The point is that even the most truthful accounts of reality can never represent it in full. There are always some aspects of reality that are neglected or distorted in every representation. Truth, then, isn’t a one-to-one representation of reality. Rather, truth is something that brings our attention to certain aspects of reality while inevitably ignoring other aspects. No account of reality is 100 percent accurate, but some accounts are nevertheless more truthful than others.

    WHAT INFORMATION DOES

    As noted above, the naive view sees information as an attempt to represent reality. It is aware that some information doesn’t represent reality well, but it dismisses this as unfortunate cases of “misinformation” or “disinformation.” Misinformation is an honest mistake, occurring when someone tries to represent reality but gets it wrong. Disinformation is a deliberate lie, occurring when someone consciously intends to distort our view of reality.

    The naive view further believes that the solution to the problems caused by misinformation and disinformation is more information. This idea, sometimes called the counterspeech doctrine, is associated with the U.S. Supreme Court justice Louis D. Brandeis, who wrote in Whitney v. California (1927) that the remedy to false speech is more speech and that in the long term free discussion is bound to expose falsehoods and fallacies. If all information is an attempt to represent reality, then as the amount of information in the world grows, we can expect the flood of information to expose the occasional lies and errors and to ultimately provide us with a more truthful understanding of the world.

    On this crucial point, this book strongly disagrees with the naive view. There certainly are instances of information that attempt to represent reality and succeed in doing so, but this is not the defining characteristic of information. A few pages ago I referred to stars as information and casually mentioned astrologers alongside astronomers. Adherents of the naive view of information probably squirmed in their chairs when they read it. According to the naive view, astronomers derive “real information” from the stars, while the information that astrologers imagine to read in constellations is either “misinformation” or “disinformation.” If only people were given more information about the universe, surely they would abandon astrology altogether. But the fact is that for thousands of years astrology has had a huge impact on history, and today millions of people still check their star signs before making the most important decisions of their lives, like what to study and whom to marry. As of 2021, the global astrology market was valued at $12.8 billion.8

    No matter what we think about the accuracy of astrological information, we should acknowledge its important role in history. It has connected lovers, and even entire empires. Roman emperors routinely consulted astrologers before making decisions. Indeed, astrology was held in such high esteem that casting the horoscope of a reigning emperor was a capital offense. Presumably, anyone casting such a horoscope could foretell when and how the emperor would die.9 Rulers in some countries still take astrology very seriously. In 2005 the junta of Myanmar allegedly moved the country’s capital from Yangon to Naypyidaw based on astrological advice.10 A theory of information that cannot account for the historical significance of astrology is clearly inadequate.

    What the example of astrology illustrates is that errors, lies, fantasies, and fictions are information, too. Contrary to what the naive view of information says, information has no essential link to truth, and its role in history isn’t to represent a preexisting reality. Rather, what information does is to create new realities by tying together disparate things—whether couples or empires. Its defining feature is connection rather than representation, and information is whatever connects different points into a network. Information doesn’t necessarily inform us about things. Rather, it puts things in formation. Horoscopes put lovers in astrological formations, propaganda broadcasts put voters in political formations, and marching songs put soldiers in military formations.

    As a paradigmatic case, consider music. Most symphonies, melodies, and tunes don’t represent anything, which is why it makes no sense to ask whether they are true or false. Over the years people have created a lot of bad music, but not fake music. Without representing anything, music nevertheless does a remarkable job in connecting large numbers of people and synchronizing their emotions and movements. Music can make soldiers march in formation, clubbers sway together, church congregations clap in rhythm, and sports fans chant in unison.11

    The role of information in connecting things is of course not unique to human history. A case can be made that this is the chief role of information in biology too.12 Consider DNA, the molecular information that makes organic life possible. Like music, DNA doesn’t represent reality. Though generations of zebras have been fleeing lions, you cannot find in the zebra DNA a string of nucleobases representing “lion” nor another string representing “flight.” Similarly, zebra DNA contains no representation of the sun, wind, rain, or any other external phenomena that zebras encounter during their lives. Nor does DNA represent internal phenomena like body organs or emotions. There is no combination of nucleobases that represents a heart, or fear.

    Instead of trying to represent preexisting things, DNA helps to produce entirely new things. For instance, various strings of DNA nucleobases initiate cellular chemical processes that result in the production of adrenaline. Adrenaline too doesn’t represent reality in any way. Rather, adrenaline circulates through the body, initiating additional chemical processes that increase the heart rate and direct more blood to the muscles.13 DNA and adrenaline thereby help to connect cells in the heart, cells in the leg muscles, and trillions of other cells throughout the body to form a functioning network that can do remarkable things, like run away from a lion.

    If DNA represented reality, we could have asked questions like “Does zebra DNA represent reality more accurately than lion DNA?” or “Is the DNA of one zebra telling the truth about the world, while another zebra is misled by her fake DNA?” These, of course, are nonsensical questions. We might evaluate DNA by the fitness of the organism it produces, but not by truthfulness. While it is common to talk about DNA “errors,” this refers only to mutations in the process of copying DNA—not to a failure to represent reality accurately. A genetic mutation that inhibits the production of adrenaline reduces the fitness of a particular zebra, ultimately causing the network of cells to disintegrate, as when the zebra is killed by a lion and its trillions of cells lose connection with one another and decompose. But this kind of network failure means disintegration, not disinformation. That’s true of countries, political parties, and news networks as much as of zebras.

    Crucially, errors in the copying of DNA don’t always reduce fitness. Once in a blue moon, they increase fitness. Without such mutations, there would be no process of evolution. All life-forms exist thanks to genetic “errors.” The wonders of evolution are possible because DNA doesn’t represent any preexisting realities; it creates new realities.

    Let us pause to digest the implications of this. Information is something that creates new realities by connecting different points into a network. This still includes the view of information as representation. Sometimes, a truthful representation of reality can connect humans, as when 600 million people sat glued to their television sets in July 1969, watching Neil Armstrong and Buzz Aldrin walking on the moon.14 The images on the screens accurately represented what was happening 384,000 kilometers away, and seeing them gave rise to feelings of awe, pride, and human brotherliness that helped connect people.

    However, such fraternal feelings can be produced in other ways, too. The emphasis on connection leaves ample room for other types of information that do not represent reality well. Sometimes erroneous representations of reality might also serve as a social nexus, as when millions of followers of a conspiracy theory watch a YouTube video claiming that the moon landing never happened. These images convey an erroneous representation of reality, but they might nevertheless give rise to feelings of anger against the establishment or pride in one’s own wisdom that help create a cohesive new group.

    Sometimes networks can be connected without any attempt to represent reality, neither accurate nor erroneous, as when genetic information connects trillions of cells or when a stirring musical piece connects thousands of humans.

    As a final example, consider Mark Zuckerberg’s vision of the Metaverse. The Metaverse is a virtual universe made entirely of information. Unlike the one-to-one map built by Jorge Luis Borges’s imaginary empire, the Metaverse isn’t an attempt to represent our world, but rather an attempt to augment or even replace our world. It doesn’t offer us a digital replica of Buenos Aires or Salt Lake City; it invites people to build new virtual communities with novel landscapes and rules. As of 2024 the Metaverse seems like an overblown pipe dream, but within a couple of decades billions of people might migrate to live much of their lives in an augmented virtual reality, holding there most of their social and professional activities. People might come to build relationships, join movements, hold jobs, and experience emotional ups and downs in environments made of bits rather than atoms. Perhaps only in some remote deserts, tattered fragments of the old reality could still be found, sheltering an occasional beast or beggar.

    INFORMATION IN HUMAN HISTORY

    Viewing information as a social nexus helps us understand many aspects of human history that confound the naive view of information as representation. It explains the historical success not only of astrology but of much more important things, like the Bible. While some may dismiss astrology as a quaint sideshow in human history, nobody can deny the central role the Bible has played. If the main job of information had been to represent reality accurately, it would have been hard to explain why the Bible became one of the most influential texts in history.

    The Bible makes many serious errors in its description of both human affairs and natural processes. The book of Genesis claims that all human groups—including, for example, the San people of the Kalahari Desert and the Aborigines of Australia—descend from a single family that lived in the Middle East about four thousand years ago.15 According to Genesis, after the Flood all Noah’s descendants lived together in Mesopotamia, but following the destruction of the Tower of Babel they spread to the four corners of the earth and became the ancestors of all living humans. In fact, the ancestors of the San people lived in Africa for hundreds of thousands of years without ever leaving the continent, and the ancestors of the Aborigines settled Australia more than fifty thousand years ago.16 Both genetic and archaeological evidence rule out the idea that the entire ancient populations of South Africa and Australia were annihilated about four thousand years ago by a flood and that these areas were subsequently repopulated by Middle Eastern immigrants.

    An even graver distortion involves our understanding of infectious diseases. The Bible routinely depicts epidemics as divine punishment for human sins17 and claims they can be stopped or prevented by prayers and religious rituals.18 However, epidemics are of course caused by pathogens and can be stopped or prevented by following hygiene rules and using medicines and vaccines. This is today widely accepted even by religious leaders like the pope, who during the COVID-19 pandemic advised people to self-isolate, instead of congregating to pray together.19

    Yet while the Bible has done a poor job in representing the reality of human origins, migrations, and epidemics, it has nevertheless been very effective in connecting billions of people and creating the Jewish and Christian religions. Like DNA initiating chemical processes that bind billions of cells into organic networks, the Bible initiated social processes that bonded billions of people into religious networks. And just as a network of cells can do things that single cells cannot, so a religious network can do things that individual humans cannot, like building temples, maintaining legal systems, celebrating holidays, and waging holy wars.

    To conclude, information sometimes represents reality, and sometimes doesn’t. But it always connects. This is its fundamental characteristic. Therefore, when examining the role of information in history, although it sometimes makes sense to ask “How well does it represent reality? Is it true or false?” often the more crucial questions are “How well does it connect people? What new network does it create?”

    It should be emphasized that rejecting the naive view of information as representation does not force us to reject the notion of truth, nor does it force us to embrace the populist view of information as a weapon. While information always connects, some types of information—from scientific books to political speeches—may strive to connect people by accurately representing certain aspects of reality. But this requires a special effort, which most information does not make. This is why the naive view is wrong to believe that creating more powerful information technology will necessarily result in a more truthful understanding of the world. If no additional steps are taken to tilt the balance in favor of truth, an increase in the amount and speed of information is likely to swamp the relatively rare and expensive truthful accounts by much more common and cheap types of information.

    When we look at the history of information from the Stone Age to the Silicon Age, we therefore see a constant rise in connectivity, without a concomitant rise in truthfulness or wisdom. Contrary to what the naive view believes, Homo sapiens didn’t conquer the world because we are talented at turning information into an accurate map of reality. Rather, the secret of our success is that we are talented at using information to connect lots of individuals. Unfortunately, this ability often goes hand in hand with believing in lies, errors, and fantasies. This is why even technologically advanced societies like Nazi Germany and the Soviet Union have been prone to hold delusional ideas, without their delusions necessarily weakening them. Indeed, the mass delusions of Nazi and Stalinist ideologies about things like race and class actually helped them make tens of millions of people march together in lockstep.

    In chapters 2–5 we’ll take a closer look at the history of information networks. We’ll discuss how, over tens of thousands of years, humans invented various information technologies that greatly improved connectivity and cooperation without necessarily resulting in a more truthful representation of the world. These information technologies—invented centuries and millennia ago—still shape our world even in the era of the internet and AI. The first information technology we’ll examine, which is also the first information technology developed by humans, is the story.

    CHAPTER 2 Stories: Unlimited Connections

    We Sapiens rule the world not because we are so wise but because we are the only animals that can cooperate flexibly in large numbers. I have explored this idea in my previous books Sapiens and Homo Deus, but a brief recap is inescapable.

    The Sapiens’ ability to cooperate flexibly in large numbers has precursors among other animals. Some social mammals like chimpanzees display significant flexibility in the way they cooperate, while some social insects like ants cooperate in very large numbers. But neither chimps nor ants establish empires, religions, or trade networks. Sapiens are capable of doing such things because we are far more flexible than chimps and can simultaneously cooperate in even larger numbers than ants. In fact, there is no upper limit to the number of Sapiens who can cooperate with one another. The Catholic Church has about 1.4 billion members. China has a population of about 1.4 billion. The global trade network connects about 8 billion Sapiens.

    This is surprising given that humans cannot form long-term intimate bonds with more than a few hundred individuals.1 It takes many years and common experiences to get to know someone’s unique character and history and to cultivate ties of mutual trust and affection. Consequently, if Sapiens networks were connected only by personal human-to-human bonds, our networks would have remained very small. This is the situation among our chimpanzee cousins, for example. Their typical community numbers 20–60 members, and on rare occasions the number might increase to 150–200.2 This appears to have been the situation also among ancient human species like Neanderthals and archaic Homo sapiens. Each of their bands numbered a few dozen individuals, and different bands rarely cooperated.3

    About seventy thousand years ago, Homo sapiens bands began displaying an unprecedented capacity to cooperate with one another, as evidenced by the emergence of inter-band trade and artistic traditions and by the rapid spread of our species from our African homeland to the entire globe. What enabled different bands to cooperate is that evolutionary changes in brain structure and linguistic abilities apparently gave Sapiens the aptitude to tell and believe fictional stories and to be deeply moved by them. Instead of building a network from human-to-human chains alone—as the Neanderthals, for example, did—stories provided Homo sapiens with a new type of chain: human-to-story chains. In order to cooperate, Sapiens no longer had to know each other personally; they just had to know the same story. And the same story can be familiar to billions of individuals. A story can thereby serve like a central connector, with an unlimited number of outlets into which an unlimited number of people can plug. For example, the 1.4 billion members of the Catholic Church are connected by the Bible and other key Christian stories; the 1.4 billion citizens of China are connected by the stories of communist ideology and Chinese nationalism; and the 8 billion members of the global trade network are connected by stories about currencies, corporations, and brands.

    Even charismatic leaders who have millions of followers are an example of this rule rather than an exception. It may seem that in the case of ancient Chinese emperors, medieval Catholic popes, or modern corporate titans it has been a single flesh-and-blood human—rather than a story—that has served as a nexus linking millions of followers. But, of course, in all these cases almost none of the followers has had a personal bond with the leader. Instead, what they have connected to has been a carefully crafted story about the leader, and it is in this story that they have put their faith.

    Joseph Stalin, who stood at the nexus of one of the biggest personality cults in history, understood this well. When his troublesome son Vasily exploited his famous name to frighten and awe people, Stalin berated him. “But I’m a Stalin too,” protested Vasily. “No, you’re not,” replied Stalin. “You’re not Stalin and I’m not Stalin. Stalin is Soviet power. Stalin is what he is in the newspapers and the portraits, not you, no—not even me!”4

    Present-day influencers and celebrities would concur. Some have hundreds of millions of online followers, with whom they communicate daily through social media. But there is very little authentic personal connection there. The social media accounts are usually run by a team of experts, and every image and word is professionally crafted and curated to manufacture what is nowadays called a brand.5

    A “brand” is a specific type of story. To brand a product means to tell a story about that product, which may have little to do with the product’s actual qualities but which consumers nevertheless learn to associate with the product. For example, over the decades the Coca-Cola corporation has invested tens of billions of dollars in advertisements that tell and retell the story of the Coca-Cola drink.6 People have seen and heard the story so often that many have come to associate a certain concoction of flavored water with fun, happiness, and youth (as opposed to tooth decay, obesity, and plastic waste). That’s branding.7

    As Stalin knew, it is possible to brand not only products but also individuals. A corrupt billionaire can be branded as the champion of the poor; a bungling imbecile can be branded as an infallible genius; and a guru who sexually abuses his followers can be branded as a chaste saint. People think they connect to the person, but in fact they connect to the story told about the person, and there is often a huge gulf between the two.

    Even the story of Cher Ami, the heroic pigeon, was partly the product of a branding campaign aimed at enhancing the public image of the U.S. Army’s Pigeon Service. A 2021 revisionist study by the historian Frank Blazich found that though there is no doubt Cher Ami sustained severe injuries while transporting a message somewhere in Northern France, several key features of the story are doubtful or inaccurate. First, relying on contemporary military records, Blazich demonstrated that headquarters learned about the exact location of the Lost Battalion about twenty minutes prior to the pigeon’s arrival. It was not the pigeon that put a stop to the barrage of friendly fire decimating the Lost Battalion. Even more crucially, there is simply no proof that the pigeon carrying Major Whittlesey’s message was Cher Ami. It might well have been another bird, while Cher Ami might have sustained his wounds a couple of weeks later, during an altogether different battle.

    According to Blazich, the doubts and inconsistencies in Cher Ami’s story were overshadowed by its propaganda value to the army and its appeal to the public. Over the years the story was retold so many times that facts became hopelessly enmeshed with fiction. Journalists, poets, and filmmakers added fanciful details to it, for example that the pigeon lost an eye as well as a leg and that it was awarded the Distinguished Service Cross. In the 1920s and 1930s Cher Ami became the most famous bird in the world. When he died, his carefully preserved corpse was placed on display at the Smithsonian Museum, where it became a pilgrimage site for American patriots and World War I veterans. As the story grew in the telling, it took over even the recollections of survivors of the Lost Battalion, who came to accept the popular narrative at face value. Blazich recounts the case of Sherman Eager, an officer in the Lost Battalion, who decades after the war brought his children to see Cher Ami at the Smithsonian and told them, “You all owe your lives to that pigeon.” Whatever the facts may be, the story of the self-sacrificing winged saviour proved irresistible.8

    As a much more extreme example, consider Jesus. Two millennia of storytelling have encased Jesus within such a thick cocoon of stories that it is impossible to recover the historical person. Indeed, for millions of devout Christians merely raising the possibility that the real person was different from the story is blasphemy. As far as we can tell, the real Jesus was a typical Jewish preacher who built a small following by giving sermons and healing the sick. After his death, however, Jesus became the subject of one of the most remarkable branding campaigns in history. This little-known provincial guru, who during his short career gathered just a handful of disciples and who was executed as a common criminal, was rebranded after death as the incarnation of the cosmic god who created the universe.9 Though no contemporary portrait of Jesus has survived, and though the Bible never describes what he looked like, imaginary renderings of him have become some of the most recognizable icons in the world.

    It should be stressed that the creation of the Jesus story was not a deliberate lie. People like Saint Paul, Tertullian, Saint Augustine, and Martin Luther didn’t set out to deceive anyone. They projected their deeply felt hopes and feelings on the figure of Jesus, in the same way that all of us routinely project our feelings on our parents, lovers, and leaders. While branding campaigns are occasionally a cynical exercise of disinformation, most of the really big stories of history have been the result of emotional projections and wishful thinking. True believers play a key role in the rise of every major religion and ideology, and the Jesus story changed history because it gained an immense number of true believers.

    By gaining all those believers, the story of Jesus managed to have a much bigger impact on history than the person of Jesus. The person of Jesus walked from village to village on his two feet, talking with people, eating and drinking with them, placing his hands on their sick bodies. He made a difference to the lives of perhaps several thousand individuals, all living in one minor Roman province. In contrast, the story of Jesus flew around the whole world, first on the wings of gossip, anecdote, and rumor; then via parchment texts, paintings, and statues; and eventually as blockbuster movies and internet memes. Billions of people not only heard the Jesus story but came to believe in it too, which created one of the biggest and most influential networks in the world.

    Stories like the one about Jesus can be seen as a way of stretching preexisting biological bonds. Family is the strongest bond known to humans. One way that stories build trust between strangers is by making these strangers reimagine each other as family. The Jesus story presented Jesus as the heavenly father of all humans, encouraged hundreds of millions of Christians to see each other as brothers and sisters, and created a shared pool of family memories. While most Christians were not physically present at the Last Supper, they have heard the story so many times, and they have seen so many images of the event, that they “remember” it more vividly than they remember most of the family dinners in which they actually participated.

    Interestingly, Jesus’s last supper was the Jewish Passover meal, which according to the Gospel accounts Jesus shared with his disciples just before his crucifixion. In Jewish tradition, the whole purpose of the Passover meal is to create and reenact artificial memories. Every year Jewish families sit together on the eve of Passover to eat and reminisce about “their” exodus from Egypt. They are supposed not only to tell the story of how the descendants of Jacob escaped slavery in Egypt but to remember how they personally suffered at the hands of the Egyptians, how they personally saw the sea part, and how they personally received the Ten Commandments from Jehovah at Mount Sinai.

    The Jewish tradition doesn’t mince words here. The text of the Passover ritual (the Haggadah) insists that “in every generation a person is obligated to regard himself as if he personally had come out of Egypt.” If anyone objects that this is a fiction, and that they didn’t personally come out of Egypt, Jewish sages have a ready answer. They claim that the souls of all Jews throughout history were created by Jehovah long before they were born and all these souls were present at Mount Sinai.10 As Salvador Litvak, a Jewish social media influencer, explained to his online followers in 2018, “You and I were there together.… When we fulfill the obligation to see ourselves as if we personally left Egypt, it’s not a metaphor. We don’t imagine the Exodus, we remember it.”11

    So every year, in the most important celebration of the Jewish calendar, millions of Jews put on a show that they remember things that they didn’t witness and that in all probability never happened at all. As numerous modern studies show, repeatedly retelling a fake memory eventually causes the person to adopt it as a genuine recollection.12 When two Jews encounter each other for the first time, they can immediately feel that they both belong to the same family, that they were together slaves in Egypt, and that they were together at Mount Sinai. That’s a powerful bond that sustained the Jewish network over many centuries and continents.

    INTERSUBJECTIVE ENTITIES

    The Jewish Passover story builds a large network by taking existing biological kin bonds and stretching them way beyond their biological limits. But there is an even more revolutionary way for stories to build networks. Like DNA, stories can create entirely new entities. Indeed, stories can even create an entirely new level of reality. As far as we know, prior to the emergence of stories the universe contained just two levels of reality. Stories added a third.

    The two levels of reality that preceded storytelling are objective reality and subjective reality. Objective reality consists of things like stones, mountains, and asteroids—things that exist whether we are aware of them or not. An asteroid hurtling toward planet Earth, for example, exists even if nobody knows it’s out there. Then there is subjective reality: things like pain, pleasure, and love that aren’t “out there” but rather “in here.” Subjective things exist in our awareness of them. An unfelt ache is an oxymoron.

    But some stories are able to create a third level of reality: intersubjective reality. Whereas subjective things like pain exist in a single mind, intersubjective things like laws, gods, nations, corporations, and currencies exist in the nexus between large numbers of minds. More specifically, they exist in the stories people tell one another. The information humans exchange about intersubjective things doesn’t represent anything that had already existed prior to the exchange of information; rather, the exchange of information creates these things.

    When I tell you that I am in pain, telling you about it doesn’t create the pain. And if I stop talking about the pain, it doesn’t make the pain go away. Similarly, when I tell you that I saw an asteroid, this doesn’t create the asteroid. The asteroid exists whether people talk about it or not. But when lots of people tell one another stories about laws, gods, or currencies, this is what creates these laws, gods, or currencies. If people stop talking about them, they disappear. Intersubjective things exist in the exchange of information.

    Let’s take a closer look. The calorific value of pizza doesn’t depend on our beliefs. A typical pizza contains between fifteen hundred and twenty-five hundred calories.13 In contrast, the financial value of money—and pizzas—depends entirely on our beliefs. How many pizzas can you purchase for a dollar, or for a bitcoin? In 2010, Laszlo Hanyecz bought two pizzas for 10,000 bitcoins. It was the first known commercial transaction involving bitcoin—and with hindsight, also the most expensive pizza ever. By November 2021, a single bitcoin was valued at more than $69,000, so the bitcoins Hanyecz paid for his two pizzas were worth $690 million, enough to purchase millions of pizzas.14 While the calorific value of pizza is an objective reality that remained the same between 2010 and 2021, the financial value of bitcoin is an intersubjective reality that changed dramatically during the same period, depending on the stories people told and believed about bitcoin.

    Another example. Suppose I ask, “Does the Loch Ness Monster exist?” This is a question about the objective level of reality. Some people believe that dinosaur-like animals really do inhabit Loch Ness. Others dismiss the idea as a fantasy or a hoax. Over the years, many attempts have been made to resolve the disagreement once and for all, using scientific methods such as sonar scans and DNA surveys. If huge animals live in the lake, they should appear on sonar, and they should leave DNA traces. Based on the available evidence, the scientific consensus is that the Loch Ness Monster does not exist. (A DNA survey conducted in 2019 found genetic material from three thousand species, but no monster. At most, Loch Ness may contain some five-kilo eels.15) Many people may nevertheless continue to believe that the Loch Ness Monster exists, but believing it doesn’t change objective reality.

    In contrast to animals, whose existence can be verified or disproved through objective tests, states are intersubjective entities. We normally don’t notice it, because everybody takes the existence of the United States, China, Russia, or Brazil for granted. But there are cases when people disagree about the existence of certain states, and then their intersubjective status emerges. The Israeli-Palestinian conflict, for example, revolves around this matter, because some people and governments refuse to acknowledge the existence of Israel and others refuse to acknowledge the existence of Palestine. As of 2024, the governments of Brazil and China, for example, say that both Israel and Palestine exist; the governments of the United States and Cameroon recognize only Israel’s existence; whereas the governments of Algeria and Iran recognize only Palestine. Other cases range from Kosovo, which as of 2024 is recognized as a state by around half of the 193 UN members,16 to Abkhazia, which almost all governments see as a sovereign territory of Georgia, but which is recognized as a state by Russia, Venezuela, Nicaragua, Nauru, and Syria.17

    Indeed, almost all states pass at least temporarily through a phase during which their existence is contested, when struggling for independence. Did the United States come into existence on July 4, 1776, or only when other states like France and finally the U.K. recognized it? Between the declaration of U.S. independence on July 4, 1776, and the signing of the Treaty of Paris on September 3, 1783, some people like George Washington believed the United States existed, while other people like King George III vehemently rejected this idea.

    Disagreements about the existence of states cannot be resolved by an objective test, such as a DNA survey or a sonar scan. Unlike animals, states are not an objective reality. When we ask whether a particular state exists, we are raising a question about intersubjective reality. If enough people agree that a particular state exists, then it does. It can then do things like sign legally binding treaties with other governments as well as NGOs and private corporations.

    Of all genres of stories, those that create intersubjective realities have been the most crucial for the development of large-scale human networks. Implanting fake family memories is certainly helpful, but no religions or empires managed to survive for long without a strong belief in the existence of a god, a nation, a law code, or a currency. For the formation of the Christian Church, for example, it was important that people recollect what Jesus said at the Last Supper, but the crucial step was making people believe that Jesus was a god rather than just an inspiring rabbi. For the formation of the Jewish religion, it was helpful that Jews “remembered” how they together escaped slavery in Egypt, but the really decisive step was making all Jews adhere to the same religious law code, the Halakha.

    Intersubjective things like laws, gods, and currencies are extremely powerful within a particular information network and utterly meaningless outside it. Suppose a billionaire crashes his private jet on a deserted island and finds himself alone with a suitcase full of banknotes and bonds. When he was in São Paulo or Mumbai, he could use these papers to make people feed him, clothe him, protect him, and build him a private jet. But once he is cut off from other members of our information network, his banknotes and bonds immediately become worthless. He cannot use them to get the island’s monkeys to provide him with food or to build him a raft.

    THE POWER OF STORIES

    Whether through implanting fake memories, forming fictional relationships, or creating intersubjective realities, stories produced large-scale human networks. These networks in turn completely changed the balance of power in the world. Story-based networks made Homo sapiens the most powerful of all animals, giving it a crucial edge not only over lions and mammoths but also over other ancient human species like Neanderthals.

    Neanderthals lived in small isolated bands, and to the best of our knowledge different bands cooperated with one another only rarely and weakly, if at all.18 Stone Age Sapiens too lived in small bands of a few dozen individuals. But following the emergence of storytelling, Sapiens bands no longer lived in isolation. Bands were connected by stories about things like revered ancestors, totem animals, and guardian spirits. Bands that shared stories and intersubjective realities constituted a tribe. Each tribe was a network connecting hundreds or even thousands of individuals.19

    Belonging to a large tribe had an obvious advantage in times of conflict. Five hundred Sapiens could easily defeat fifty Neanderthals.20 But tribal networks had many additional advantages. If we live in an isolated band of fifty people and a severe drought hits our home territory, many of us might starve to death. If we try to migrate elsewhere, we are likely to encounter hostile groups, and we might also find it difficult to forage for food, water, and flint (to make tools) in unfamiliar territory. However, if our band is part of a tribal network, in times of need at least some of us could go live with our distant friends. If our shared tribal identity is strong enough, they would welcome us and teach us about the local dangers and opportunities. A decade or two later, we might reciprocate. The tribal network, then, acted like an insurance policy. It minimized risk by spreading it across a lot more people.21

    Even in quiet times Sapiens could benefit enormously from exchanging information not just with a few dozen members of a small band but with an entire tribal network. If one of the tribe’s bands discovered a better way to make spear points, learned how to heal wounds with some rare medicinal herb, or invented a needle to sew clothes, that knowledge could be quickly passed to the other bands. Even though individually Sapiens might not have been more intelligent than Neanderthals, five hundred Sapiens together were far more intelligent than fifty Neanderthals.22

    All this was made possible by stories. The power of stories is often missed or denied by materialist interpretations of history. In particular, Marxists tend to view stories as merely a smoke screen for underlying power relations and material interests. According to Marxist theories, people are always motivated by objective material interests and use stories only to camouflage these interests and confound their rivals. For example, in this reading the Crusades, World War I, and the Iraq War were all fought for the economic interests of powerful elites rather than for religious, nationalist, or liberal ideals. Understanding these wars means setting aside all the mythological fig leaves—about God, patriotism, or democracy—and observing power relations in their nakedness.

    This Marxist view, however, is not only cynical but wrong. While materialist interests certainly played a role in the Crusades, World War I, the Iraq War, and most other human conflicts, that does not mean that religious, national, and liberal ideals played no role at all. Moreover, materialist interests by themselves cannot explain the identities of the rival camps. Why is it that in the twelfth century landowners and merchants from France, Germany, and Italy united to conquer territories and trade routes in the Levant—instead of landowners and merchants from France and North Africa uniting to conquer Italy? And why is it that in 2003, the United States and Britain sought to conquer the oil fields of Iraq, rather than the gas fields of Norway? Can this really be explained by purely materialist considerations, without any recourse to people’s religious and ideological beliefs?

    In fact, all relations between large-scale human groups are shaped by stories, because the identities of these groups are themselves defined by stories. There are no objective definitions for who is British, American, Norwegian, or Iraqi; all these identities are shaped by national and religious myths that are constantly challenged and revised. Marxists may claim that large-scale groups have objective identities and interests, independent of stories. If that is so, how can we explain that only humans have large-scale groups like tribes, nations, and religions, whereas chimpanzees lack them? After all, chimpanzees share with humans all our objective material interests; they too need to drink, eat, and protect themselves from diseases. They too want sex and social power. But chimpanzees cannot maintain large-scale groups, because they are unable to create the stories that connect such groups and define their identities and interests. Contrary to Marxist thinking, large-scale identities and interests in history are always intersubjective; they are never objective.

    This is good news. If history had been shaped solely by material interests and power struggles, there would be no point talking to people who disagree with us. Any conflict would ultimately be the result of objective power relations, which cannot be changed merely by talking. In particular, if privileged people can see and believe only those things that enshrine their privileges, how can anything except violence persuade them to renounce those privileges and alter their beliefs? Luckily, since history is shaped by intersubjective stories, sometimes we can avert conflict and make peace by talking with people, changing the stories in which they and we believe, or coming up with a new story that everyone can accept.

    Take, for example, the rise of Nazism. There certainly were material interests that drove millions of Germans to support Hitler. The Nazis would probably never have come to power if it wasn’t for the economic crisis of the early 1930s. However, it is wrong to think that the Third Reich was the inevitable outcome of underlying power relations and material interests. Hitler won the 1933 elections because during the economic crisis millions of Germans came to believe the Nazi story rather than one of the alternative stories on offer. This wasn’t the inevitable result of Germans pursuing their material interests and protecting their privileges; it was a tragic mistake. We can confidently say that it was a mistake, and that Germans could have chosen better stories, because we know what happened next. Twelve years of Nazi rule didn’t foster the Germans’ material interests. Nazism led to the destruction of Germany and the deaths of millions. Later, when Germans adopted liberal democracy, this did lead to a lasting improvement in their lives. Couldn’t the Germans have skipped the failed Nazi experiment and put their faith in liberal democracy already in the early 1930s? The position of this book is that they could have. History is often shaped not by deterministic power relations, but rather by tragic mistakes that result from believing in mesmerizing but harmful stories.

    THE NOBLE LIE

    The centrality of stories reveals something fundamental about the power of our species, and it explains why power doesn’t always go hand in hand with wisdom. The naive view of information says that information leads to truth, and knowing the truth helps people to gain both power and wisdom. This sounds reassuring. It implies that people who ignore the truth are unlikely to have much power, whereas people who respect the truth can gain much power, but that power would be tempered by wisdom. For example, people who ignore the truth about human biology might believe racist myths but will not be able to produce powerful medicines and bioweapons, whereas people who understand biology will have that kind of power but will not use it in the service of racist ideologies. If this had indeed been the case, we could sleep calmly, trusting our presidents, high priests, and CEOs to be wise and honest. A politician, a movement, or a country might conceivably get ahead here and there with the help of lies and deceptions, but in the long term that would be a self-defeating strategy.

    Unfortunately, this is not the world in which we live. In history, power stems only partially from knowing the truth. It also stems from the ability to maintain social order among a large number of people. Suppose you want to make an atom bomb. To succeed, you obviously need some accurate knowledge of physics. But you also need lots of people to mine uranium ore, build nuclear reactors, and provide food for the construction workers, miners, and physicists. The Manhattan Project directly employed about 130,000 people, with millions more working to sustain them.23 Robert Oppenheimer could devote himself to his equations because he relied on thousands of miners to extract uranium at the Eldorado mine in northern Canada and the Shinkolobwe mine in the Belgian Congo24—not to mention the farmers who grew potatoes for his lunch. If you want to make an atom bomb, you must find a way to make millions of people cooperate.

    It is the same with all ambitious projects that humans undertake. A Stone Age band going to hunt a mammoth obviously needed to know some true facts about mammoths. If they believed they could kill a mammoth by casting spells, their hunting expedition would have failed. But just knowing facts about mammoths wasn’t enough, either. The hunters also needed to make sure all of them agreed on the same plan and bravely did their bit even in the face of mortal danger. If they believed that by pronouncing a spell they could guarantee a good afterlife for dead hunters, their hunting expeditions had a much higher chance of success. Even if objectively the spell was powerless and did not benefit dead hunters in any way, by fortifying the courage and solidarity of living hunters, it nevertheless made a crucial contribution to the hunt’s success.25

    While power depends on both truth and order, in most cases it is the people who know how to maintain order who call the shots, giving instructions to the people who merely know the truth about things like mammoths or nuclear physics. Robert Oppenheimer obeyed Franklin Delano Roosevelt rather than the other way around. Similarly, Werner Heisenberg obeyed Adolf Hitler, Igor Kurchatov deferred to Joseph Stalin, and in contemporary Iran experts in nuclear physics follow the orders of experts in Shiite theology.

    What the people at the top know, which nuclear physicists don’t always realize, is that telling the truth about the universe is hardly the most efficient way to produce order among large numbers of humans. It is true that E = mc², and it explains a lot of what happens in the universe, but knowing that E = mc² usually doesn’t resolve political disagreements or inspire people to make sacrifices for a common cause. Instead, what holds human networks together tends to be fictional stories, especially stories about intersubjective things like gods, money, and nations. When it comes to uniting people, fiction enjoys two inherent advantages over the truth. First, fiction can be made as simple as we like, whereas the truth tends to be complicated, because the reality it is supposed to represent is complicated. Take, for example, the truth about nations. It is difficult to grasp that the nation to which one belongs is an intersubjective entity that exists only in our collective imagination. You rarely hear politicians say such things in their political speeches. It is far easier to believe that our nation is God’s chosen people, entrusted by the Creator with some special mission. This simple story has been repeatedly told by countless politicians from Israel to Iran and from the United States to Russia.

    Second, the truth is often painful and disturbing, and if we try to make it more comforting and flattering, it will no longer be the truth. In contrast, fiction is highly malleable. The history of every nation contains some dark episodes that citizens don’t like to acknowledge and remember. An Israeli politician who in her election speeches details the miseries inflicted on Palestinian civilians by the Israeli occupation is unlikely to get many votes. In contrast, a politician who builds a national myth by ignoring uncomfortable facts, focusing on glorious moments in the Jewish past, and embellishing reality wherever necessary may well sweep to power. That’s the case not just in Israel but in all countries. How many Italians or Indians want to hear the unblemished truth about their nations? An uncompromising adherence to the truth is essential for scientific progress, and it is also an admirable spiritual practice, but it is not a winning political strategy.

    Already in his Republic, Plato imagined that the constitution of his utopian state would be based on “the noble lie”—a fictional story about the origin of the social order, one that secures the citizens’ loyalty and prevents them from questioning the constitution. Citizens should be told, Plato wrote, that they were all born out of the earth, that the land is their mother, and that they therefore owe filial loyalty to the motherland. They should further be told that when they were conceived, the gods intermingled different metals—gold, silver, bronze, and iron—into them, which justifies a natural hierarchy between golden rulers and bronze servants. While Plato’s utopia was never realized in practice, numerous polities through the ages told their inhabitants variations of this noble lie.

    Plato’s noble lie notwithstanding, we should not conclude that all politicians are liars or that all national histories are deceptions. The choice isn’t simply between telling the truth and lying. There is a third option. Telling a fictional story is lying only when you pretend that the story is a true representation of reality. Telling a fictional story isn’t lying when you avoid such pretense and acknowledge that you are trying to create a new intersubjective reality rather than represent a preexisting objective reality.

    For example, on September 17, 1787, the Constitutional Convention signed the U.S. Constitution, which came into force in 1789. The Constitution didn’t reveal any preexisting truth about the world, but crucially it wasn’t a lie, either. Rejecting Plato’s recommendation, the authors of the text didn’t deceive anyone about the text’s origins. They didn’t pretend that the text came down from heaven or that it had been inspired by some god. Rather, they acknowledged that it was an extremely creative legal fiction generated by fallible human beings.

    “We the People of the United States,” says the Constitution about its own origins, “in Order to form a more perfect Union … do ordain and establish this Constitution.” Despite the acknowledgment that it is a human-made legal fiction, the U.S. Constitution indeed managed to form a powerful union. It maintained for more than two centuries a surprising degree of order among many millions of people who belonged to a wide range of religious, ethnic, and cultural groups. The U.S. Constitution has thus functioned like a tune that without claiming to represent anything has nevertheless made numerous people act together in order.

    It is crucial to note that “order” should not be confused with fairness or justice. The order created and maintained by the U.S. Constitution condoned slavery, the subordination of women, the expropriation of indigenous people, and extreme economic inequality. The genius of the U.S. Constitution is that by acknowledging that it is a legal fiction created by human beings, it was able to provide mechanisms to reach agreement on amending itself and remedying its own injustices (as chapter 5 explores in greater depth). The Constitution’s Article V details how people can propose and ratify such amendments, which “shall be valid to all Intents and Purposes, as Part of this Constitution.” Less than a century after the Constitution was written, the Thirteenth Amendment abolished slavery.

    In this, the U.S. Constitution was fundamentally different from stories that denied their fictive nature and claimed divine origin, such as the Ten Commandments. Like the U.S. Constitution, the Ten Commandments endorsed slavery. The Tenth Commandment says, “You shall not covet your neighbor’s house. You shall not covet your neighbor’s wife, or his male slave or female slave” (Exodus 20:17). This implies that God is perfectly okay with people holding slaves, and objects only to the coveting of slaves belonging to someone else. But unlike the U.S. Constitution, the Ten Commandments failed to provide any amendment mechanism. There is no Eleventh Commandment that says, “You can amend commandments by a two-thirds majority vote.”

    This crucial difference between the two texts is clear from their opening gambits. The U.S. Constitution opens with “We the People.” By acknowledging its human origin, it invests humans with the power to amend it. The Ten Commandments open with “I am the Lord your God.” By claiming divine origin, it precludes humans from changing it. As a result, the biblical text still endorses slavery even today.

    All human political systems are based on fictions, but some admit it, and some do not. Being truthful about the origins of our social order makes it easier to make changes in it. If humans like us invented it, we can amend it. But such truthfulness comes at a price. Acknowledging the human origins of the social order makes it harder to persuade everyone to agree on it. If humans like us invented it, why should we accept it? As we shall see in chapter 5, until the late eighteenth century the lack of mass communication technology made it extremely difficult to conduct open debates between millions of people about the rules of the social order. To maintain order, Russian tsars, Muslim caliphs, and Chinese sons of heaven therefore claimed that the fundamental rules of society came down from heaven and were not open to human amendment. In the early twenty-first century, many political systems still claim superhuman authority and oppose open debates that may result in unwelcome changes.

    THE PERENNIAL DILEMMA

    After we understand the key role of fiction in history, it is finally possible to present a more complete model of information networks, which goes beyond both the naive view of information and the populist critique of that view. Contrary to the naive view, information isn’t the raw material of truth, and human information networks aren’t geared only to discover the truth. But contrary to the populist view, information isn’t just a weapon, either. Rather, to survive and flourish, every human information network needs to do two things simultaneously: discover truth and create order. Accordingly, as history unfolded, human information networks have been developing two distinct sets of skills. On the one hand, as the naive view expects, the networks have learned how to process information to gain a more accurate understanding of things like medicine, mammoths, and nuclear physics. At the same time, the networks have also learned how to use information to maintain stronger social order among larger populations, by using not just truthful accounts but also fictions, fantasies, propaganda, and—occasionally—downright lies.

    The naive view of information
    A more complete historical view of information

    Having a lot of information doesn’t in and of itself guarantee either truth or order. It is a difficult process to use information to discover the truth and simultaneously use it to maintain order. What makes things worse is that these two processes are often contradictory, because it is frequently easier to maintain order through fictions. Sometimes—as in the case of the U.S. Constitution—fictional stories may acknowledge their fictionality, but more often they disavow it. Religions, for example, always claim to be an objective and eternal truth rather than a fictional story invented by humans. In such cases, the search for truth threatens the foundations of the social order. Many societies require their populations not to know their true origins: ignorance is strength. What happens, then, when people get uncomfortably close to the truth? What happens when the same bit of information reveals an important fact about the world, and also undermines the noble lie that holds society together? In such cases society may seek to preserve order by placing limits on the search for truth.

    One obvious example is Darwin’s theory of evolution. Understanding evolution greatly advances our understanding of the origins and biology of species, including Homo sapiens, but it also undermines the central myths that maintain order in numerous societies. No wonder that various governments and churches have banned or limited the teaching of evolution, preferring to sacrifice truth for the sake of order.26

    A related problem is that an information network may allow and even encourage people to search for truth, but only in specific fields that help generate power without threatening the social order. The result can be a very powerful network that is singularly lacking in wisdom. Nazi Germany, for example, cultivated many of the world’s leading experts in chemistry, optics, engineering, and rocket science. It was largely Nazi rocket science that later brought the Americans to the moon.27 This scientific prowess helped the Nazis build an extremely powerful war machine, which was then deployed in the service of a deranged and murderous mythology. Under Nazi rule Germans were encouraged to develop rocket science, but they were not free to question racist theories about biology and history.

    That’s a major reason why the history of human information networks isn’t a triumphant march of progress. While over the generations human networks have grown increasingly powerful, they have not necessarily grown increasingly wise. If a network privileges order over truth, it can become very powerful but use that power unwisely.

    Instead of a march of progress, the history of human information networks is a tightrope walk trying to balance truth with order. In the twenty-first century we aren’t much better at finding the right balance than our ancestors were in the Stone Age. Contrary to what the mission statements of corporations like Google and Facebook imply, simply increasing the speed and efficiency of our information technology doesn’t necessarily make the world a better place. It only makes the need to balance truth and order more urgent. The invention of the story taught us this lesson already tens of thousands of years ago. And the same lesson would be taught again, when humans came up with their second great information technology: the written document.

    CHAPTER 3 Documents: The Bite of the Paper Tigers

    Stories were the first crucial information technology developed by humans. They laid the foundation for all large-scale human cooperation and made humans the most powerful animals on earth. But as an information technology, stories have their limitations.

    To appreciate this, consider the role storytelling plays in the formation of nations. Many nations have first been conceived in the imagination of poets. Sarah Aaronsohn and the NILI underground are remembered by present-day Israelis as some of the first Zionists who risked their lives in the 1910s to establish a Jewish state in Palestine, but from where did NILI members get this idea in the first place? They were inspired by an earlier generation of poets, thinkers, and visionaries such as Theodor Herzl and Hayim Nahman Bialik.

    In the 1890s and first decade of the twentieth century, Bialik, a Ukrainian Jew, published numerous poems and stories bewailing the persecution and weakness of European Jews and calling on them to take their fate in their hands—to defend themselves by force of arms, immigrate to Palestine, and there establish their own state. One of his most stirring poems was written following the Kishinev Pogrom of 1903, in which forty-nine Jews were murdered and dozens more were injured.1 “In the City of Slaughter” condemned the murderous antisemitic mob who perpetrated the atrocities, but it also criticized the Jews themselves for their pacifism and helplessness.

    In one heart-wrenching scene, Bialik described how Jewish women were gang-raped, while their husbands and brothers hid nearby, afraid to intervene. The poem compares the Jewish men to terrified mice and imagines how they quietly prayed to God to perform some miracle, which failed to materialize. The poem then tells how even after the pogrom was over, the survivors had no thought of arming themselves and instead entered Talmudic disputations about whether the raped women were now ritualistically “defiled” or whether they were still “pure.” This poem is mandatory reading in many Israeli schools today. It is also mandatory reading for anyone wishing to understand how after two millennia of being one of the most pacifist groups in history, Jews built one of the most formidable armies in the world. Not for nothing was Bialik named Israel’s national poet.2

    The fact that Bialik lived in Ukraine, and was intimately familiar with the persecution of Ashkenazi Jews in eastern Europe but had little understanding of conditions in Palestine, contributed to the subsequent conflict there between Jews and Arabs. Bialik’s poems inspired Jews to see themselves as victims in dire need of developing their military might and building their own country, but hardly considered the catastrophic consequences for the Arab inhabitants of Palestine, or indeed for the Mizrahi Jewish communities native to the Middle East. When the Arab-Israeli conflict exploded in the late 1940s, hundreds of thousands of Palestinians and hundreds of thousands of Mizrahi Jews were driven out of their ancestral homes in the Middle East, partly as a result of poems composed half a century earlier in Ukraine.3

    While Bialik was writing in Ukraine, the Hungarian Jew Theodor Herzl was busy organizing the Zionist movement in the 1890s and early years of the twentieth century. As a central part of his political activism, Herzl published two books. The Jewish State (1896) was a manifesto outlining Herzl’s idea of establishing a Jewish state in Palestine, and The Old New Land (1902) was a utopian novel set in the year 1923 describing the prosperous Jewish state that Herzl envisioned. The two books—which fatefully also tended to ignore realities on the ground in Palestine—were immensely influential in shaping the Zionist movement. The Old New Land appeared in Hebrew under the title Tel Aviv (a loose Hebrew translation of “Old New Land”). The city of Tel Aviv, established seven years after the book’s publication, took its name from the book. While Bialik is Israel’s national poet, Herzl is known as the visionary of the state.

    The yarns Bialik and Herzl wove ignored many crucial facts about contemporary reality, most notably that around 1900 the Jews of Palestine comprised only 6–9 percent of the region’s total population of about 600,000 people.4 While disregarding such demographic facts, Bialik and Herzl accorded great importance to mythology, most notably the stories of the Bible, without which modern Zionism is unimaginable. Bialik and Herzl were also influenced by the nationalist myths that were created in the nineteenth century by almost every other ethnic group in Europe. The Ukrainian Jew Bialik and the Hungarian Jew Herzl did for Zionism what was earlier done by the poets Taras Shevchenko for Ukrainian nationalism,5 Sándor Petőfi for Hungarian nationalism,6 and Adam Mickiewicz for Polish nationalism.7 Observing the growth of other national movements all around, Herzl wrote that nations arise “out of dreams, songs, fantasies.”8

    But dreams, songs, and fantasies, however inspiring, are not enough to create a functioning nation-state. Bialik inspired generations of Jewish fighters, but to equip and maintain an army, it is also necessary to raise taxes and buy guns. Herzl’s utopian book laid the foundations for the city of Tel Aviv, but to keep the city going, it was also necessary to dig a sewage system. When all is said and done, the essence of patriotism isn’t reciting stirring poems about the beauty of the motherland, and it certainly isn’t making hate-filled speeches against foreigners and minorities. Rather, patriotism means paying your taxes so that people on the other side of the country also enjoy the benefit of a sewage system, as well as security, education, and health care.

    To manage all these services and raise the necessary taxes, enormous amounts of information need to be collected, stored, and processed: information about properties, payments, exemptions, discounts, debts, inventories, shipments, budgets, bills, and salaries. This, however, is not the kind of information that can be turned into a memorable poem or a captivating myth. Instead, tax records come in the shape of various types of lists, ranging from a simple item-by-item record to more elaborate tables and spreadsheets. No matter how intricate these data sets may become, they eschew narrative in favor of dryly listing amounts owed and amounts paid. Poets can afford to ignore such mundane facts, but tax collectors cannot.

    Lists are crucial not only for national taxation systems but also for almost all other complex financial institutions. Corporations, banks, and stock markets cannot exist without them. A church, a university, or a library that wants to balance its budget soon realizes that in addition to priests and poets who can mesmerize people with stories, it needs accountants who know their way around the various types of lists.

    Lists and stories are complementary. National myths legitimize the tax records, while the tax records help transform aspirational stories into concrete schools and hospitals. Something analogous happens in the field of finance. The dollar, the pound sterling, and the bitcoin all come into being by persuading people to believe a story, and tales told by bankers, finance ministers, and investment gurus raise or lower their value. When the chairperson of the Federal Reserve wants to curb inflation, when a finance minister wants to pass a new budget, and when a tech entrepreneur wants to draw investors, they all turn to storytelling. But to actually manage a bank, a budget, or a start-up, lists are essential.

    The big problem with lists, and the crucial difference between lists and stories, is that lists tend to be far more boring than stories, which means that while we easily remember stories, we find it difficult to remember lists. This is an important fact about how the human brain processes information. Evolution has adapted our brains to be good at absorbing, retaining, and processing even very large quantities of information when they are shaped into a story. The Ramayana, one of the foundational tales of Hindu mythology, is twenty-four thousand verses long and runs to about seventeen hundred pages in modern editions, yet despite its enormous length generations of Hindus succeeded in remembering and reciting it by heart.9

    In the twentieth and twenty-first centuries, the Ramayana was repeatedly adapted for film and television. In 1987–88, a seventy-eight-episode version (running to about 2,730 hours) was the most watched television series in the world, with more than 650 million viewers. According to a BBC report, when episodes were aired, “streets would be deserted, shops would be closed, and people would bathe and garland their TV sets.” During the 2020 COVID-19 lockdown the series was re-aired and again became the most watched show in the world.10 While modern TV audiences need not memorize any texts by heart, it is noteworthy how easy they find it to follow the intricate plots of epic dramas, detective thrillers, and soap operas, recalling who each character is and how they are related to numerous others. We are so accustomed to performing such feats of memory that we seldom consider how extraordinary they are.

    What makes us so good at remembering epic poems and long-running TV series is that long-term human memory is particularly adapted to retaining stories. As Kendall Haven writes in his 2007 book Story Proof: The Science Behind the Startling Power of Story, “Human minds … rely on stories and on story architecture as the primary roadmap for understanding, making sense of, remembering, and planning our lives.… Lives are like stories because we think in story terms.” Haven references more than 120 academic studies, concluding that “research overwhelmingly, convincingly, and without opposition provides the evidence” that stories are a highly efficient “vehicle for communicating factual, conceptual, emotional, and tacit information.”11

    In contrast, most people find it hard to remember lists by heart, and few people would be interested in watching a TV recitation of India’s tax records or annual budget. Mnemonic methods used to memorize lists of items often work by weaving the items into a plot, thereby turning the list into a story.12 But even with the help of such mnemonic devices, who could remember their country’s tax records or budget? The information may be vital—determining what quality of health care, education, and welfare services citizens enjoy—but our brains are not adapted to remembering such things. Unlike national poems and myths, which can be stored in our brains, complex national taxation and administration systems have required a unique nonorganic information technology in order to function. This technology is the written document.

    TO KILL A LOAN

    The written document was invented many times in many places. Some of the earliest examples come from ancient Mesopotamia. A cuneiform clay tablet dated to the twenty-eighth day of the tenth month of the forty-first year of the reign of King Shulgi of Ur (ca. 2053/4 BCE) recorded the monthly deliveries of sheep and goats. Fifteen sheep were delivered on the second day of the month, 7 sheep on the third day, 11 sheep on the fourth, 219 on the fifth, 47 on the sixth, and so on until 3 sheep were delivered on the twenty-eighth. In total, says the clay tablet, 896 animals were received that month. Remembering all these deliveries was important for the royal administration, to monitor people’s obedience and to keep track of available resources. While doing so in one’s head was a formidable challenge, it was easy for a learned scribe to write them down on a clay tablet.13

    Like stories and like all other information technologies in history, written documents didn’t necessarily represent reality accurately. The Ur tablet, for example, contained a mistake. The document says that a total of 896 animals were received during that month, but when modern scholars added up all the individual entries they reached a total of 898. The scribe who wrote the document apparently made a mistake when he calculated the overall tally, and the tablet preserved this mistake for posterity.

    But whether true or false, written documents created new realities. By recording lists of properties, taxes, and payments, they made it far easier to create administrative systems, kingdoms, religious organizations, and trade networks. More specifically, documents changed the method used for creating intersubjective realities. In oral cultures, intersubjective realities were created by telling a story that many people repeated with their mouths and remembered in their brains. Brain capacity consequently placed a limit on the kinds of intersubjective realities that humans created. Humans couldn’t forge an intersubjective reality that their brains couldn’t remember.

    This limit could be transcended, however, by writing documents. The documents didn’t represent an objective empirical reality; the reality was the documents themselves. As we shall see in later chapters, written documents thereby provided precedents and models that would eventually be used by computers. The ability of computers to create intersubjective realities is an extension of the power of clay tablets and pieces of paper.

    As a key example, consider ownership. In oral communities that lacked written documents, ownership was an intersubjective reality created through the words and behaviors of the community members. To own a field meant that your neighbors agreed that this field was yours and behaved accordingly. They didn’t build a hut on that field, graze their livestock there, or pick fruits there without first asking your permission. Ownership was created and maintained by people continuously saying or signaling things to one another. This made ownership the affair of a local community and placed a limit on the ability of a distant central authority to control all landownership. No king, minister, or priest could remember who owned each field in hundreds of distant villages. This also placed a limit on the ability of individuals to claim and exercise absolute property rights, and instead favored various forms of communal property rights. For example, your neighbors might acknowledge your right to cultivate a field but not your right to sell it to foreigners.14

    In a literate state, to own a field increasingly came to mean that it is written on some clay tablet, bamboo strip, piece of paper, or silicon chip that you own that field. If your neighbors have been grazing their sheep for years on a piece of land, and none of them ever said that you own it, but you can somehow produce an official document that says it is yours, you have a good chance of enforcing your claim. Conversely, if all the neighbors agree that it is your field but you don’t have any official document that proves it, tough luck. Ownership is still an intersubjective reality created by exchanging information, but the information now takes the form of a written document (or a computer file) rather than of people talking and gesturing to each other. This means that ownership can now be determined by a central authority that produces and holds the relevant documents. It also means that you can sell your field without asking your neighbors’ permission, simply by transferring the crucial document to someone else.

    The power of documents to create intersubjective realities was beautifully manifested in the Old Assyrian dialect, which treated documents as living things that could also be killed. Loan contracts were “killed” (duākum) when the debt was repaid. This was done by destroying the tablet, adding some mark to it, or breaking its seal. The loan contract didn’t represent reality; it was the reality. If somebody repaid the loan but failed to “kill the document,” the debt was still owed. Conversely, if somebody didn’t repay the loan but the document “died” in some other way—perhaps the dog ate it—the debt was no more.15 The same happens with money. If your dog eats a hundred-dollar bill, those hundred dollars cease to exist.

    In Shulgi’s Ur, in ancient Assyria, and in numerous subsequent polities, social, economic, and political relations relied on documents that create reality instead of merely representing it. When writing constitutions, peace treaties, and commercial contracts, lawyers, politicians, and businesspeople wrangle for weeks and even months over each word—because they know that these pieces of paper can wield enormous power.

    BUREAUCRACY

    Every new information technology has its unexpected bottlenecks. It solves some old problems but creates new ones. In the early 1730s BCE, Narâmtani, a priestess in the Mesopotamian city of Sippar, wrote a letter (on a clay tablet) to a relative, asking him to send her a few clay tablets he kept in his house. She explained that her claim to an inheritance was being contested and she couldn’t prove her case in court without those documents. She ended her message with a plea: “Now, do not neglect me!”16

    We don’t know what happened next, but just imagine the situation if the relative searched his house but could not find the missing tablets. As people produced more and more documents, finding them turned out to be far from easy. This was a particular challenge for kings, priests, merchants, and anyone else who accumulated thousands of documents in their archives. How do you find the right tax record, payment receipt, or business contract when you need it? Written documents were much better than human brains in recording certain types of information. But they created a new and very thorny problem: retrieval.17

    The brain is remarkably efficient in retrieving whatever information is stored in its network of tens of billions of neurons and trillions of synapses. Though our brain archives countless complex stories about our personal life, our national history, and our religious mythology, healthy people can retrieve information about any of them in less than a second. What did you eat for breakfast? Who was your first crush? When did your country gain its independence? What’s the first verse in the Bible?

    How did you retrieve all these pieces of information? What mechanism activates the right neurons and synapses to rapidly call up the necessary information? Though neuroscientists have made some progress in the study of memory, nobody yet understands what memories are, or how exactly they are stored and retrieved.18 What we do know is that millions of years of evolution streamlined the brain’s retrieval processes. However, once humans have outsourced memories from organic brains to inorganic documents, retrieval could no longer rely on that streamlined biological system. Nor could it rely on the foraging abilities that humans evolved over millions of years. Evolution has adapted humans for finding fruits and mushrooms in a forest, but not for finding documents in an archive.

    Foragers locate fruits and mushrooms in a forest, because evolution has organized forests according to a discernible organic order. Fruit trees photosynthesize, so they require sunlight. Mushrooms feed on dead organic matter, which can usually be found in the ground. So mushrooms are usually down at soil level, whereas fruits grow further up. Another common rule is that apples grow on apple trees, whereas figs grow on figs trees. So if you are looking for an apple, you first need to locate an apple tree, and then look up. When living in a forest, humans learn this organic order.

    It is very different with archives. Since documents aren’t organisms, they don’t obey any biological laws, and evolution didn’t organize them for us. Tax reports don’t grow on a tax-report shelf. They need to be placed there. For that, somebody first needs to come up with the idea of categorizing information by shelves, and to decide which documents should go on which shelf. Unlike foragers, who need merely to discover the preexisting order of the forest, archivists need to devise a new order for the world. That order is called bureaucracy.

    Bureaucracy is the way people in large organizations solved the retrieval problem and thereby created bigger and more powerful information networks. But like mythology, bureaucracy too tends to sacrifice truth for order. By inventing a new order and imposing it on the world, bureaucracy distorted people’s understanding of the world in unique ways. Many of the problems of our twenty-first-century information networks—like biased algorithms that mislabel people, or rigid protocols that ignore human needs and feelings—are not new problems of the computer age. They are quintessential bureaucratic problems that have existed long before anyone even dreamed of computers.

    BUREAUCRACY AND THE SEARCH FOR TRUTH

    Bureaucracy literally means “rule by writing desk.” The term was invented in eighteenth-century France, when the typical official sat next to a writing desk with drawers—a bureau.19 At the heart of the bureaucratic order, then, is the drawer. Bureaucracy seeks to solve the retrieval problem by dividing the world into drawers, and knowing which document goes into which drawer.

    The principle remains the same regardless of whether the document is placed into a drawer, a shelf, a basket, a jar, a computer folder, or any other receptacle: divide and rule. Divide the world into containers, and keep the containers separate so the documents don’t get mixed up. This principle, however, comes with a price. Instead of focusing on understanding the world as it is, bureaucracy is often busy imposing a new and artificial order on the world. Bureaucrats begin by inventing various drawers, which are intersubjective realities that don’t necessarily correspond to any objective divisions in the world. The bureaucrats then try to force the world to fit into these drawers, and if the fit isn’t very good, the bureaucrats push harder. Anyone who ever filled out an official form knows this only too well. When you fill out the form, and none of the listed options fits your circumstances, you must adapt yourself to the form, rather than the form adapting to you. Reducing the messiness of reality to a limited number of fixed drawers helps bureaucrats keep order, but it comes at the expense of truth. Because they are fixated on their drawers—even when reality is far more complex—bureaucrats often develop a distorted understanding of the world.

    The urge to divide reality into rigid drawers also leads bureaucrats to pursue narrow goals irrespective of the wider impact of their actions. A bureaucrat tasked with increasing industrial production is likely to ignore environmental considerations that fall outside her purview, and perhaps dump toxic waste into a nearby river, leading to an ecological disaster downstream. If the government then establishes a new department to combat pollution, its bureaucrats are likely to push for ever more stringent regulations, even if this results in economic ruin for communities upstream. Ideally, someone should be able to take into account all the different considerations and aspects, but such a holistic approach requires transcending or abolishing the bureaucratic division.

    The distortions created by bureaucracy affect not only government agencies and private corporations but also scientific disciplines. Consider, for example, how universities are divided into different faculties and departments. History is separate from biology and from mathematics. Why? Certainly this division doesn’t reflect objective reality. It is the intersubjective invention of academic bureaucrats. The COVID-19 pandemic, for example, was at one and the same time a historical, biological, and mathematical event. But the academic study of pandemics is divided between the separate departments of history, biology, and mathematics (among others). Students pursuing an academic degree must usually decide to which of these departments they belong. Their decision limits their choice of courses, which in turn shapes their understanding of the world. Mathematics students learn how to predict future morbidity levels from present rates of infection; biology students learn how viruses mutate over time; and history students learn how religious and political beliefs affect people’s willingness to follow government instructions. To fully understand COVID-19 requires taking into account mathematical, biological, and historical phenomena, but academic bureaucracy doesn’t encourage such a holistic approach.

    As you climb the academic ladder, the pressure to specialize only increases. The academic world is ruled by the law of publish or perish. If you want a job, you must publish in peer-reviewed journals. But journals are divided by discipline, and publishing an article on virus mutations in a biology journal demands following different conventions from publishing an article on the politics of pandemics in a history journal. There are different jargons, different citation rules, and different expectations. Historians should have a deep understanding of culture and know how to read and interpret historical documents. Biologists should have a deep understanding of evolution and know how to read and interpret DNA molecules. Things that fall in between categories—like the interplay between human political ideologies and virus evolution—are often left unaddressed.20

    To appreciate how academics force a messy and fluid world into rigid bureaucratic categories, let’s dig a little deeper in the specific discipline of biology. Before Darwin could explain the origin of species, earlier scholars like Carl Linnaeus first had to define what a species is and classify all living organisms into species. To argue that lions and tigers evolved from a common feline ancestor, you first have to define “lions” and “tigers.”21 This turned out to be a difficult and never-ending job, because animals, plants, and other organisms often trespass the boundaries of their allotted drawers.

    Evolution cannot be easily contained in any bureaucratic schema. The whole point of evolution is that species continually change, which means that putting each species in one unchanging drawer distorts biological reality. For example, it is an open question when Homo erectus ended and Homo sapiens began. Were there once two Erectus parents whose child was the first Sapiens?22 Species also keep intermingling, with animals belonging to seemingly separate species not only having sex but even siring fertile offspring. Most Sapiens living today have about 1–3 percent Neanderthal DNA,23 indicating that there once was a child whose father was a Neanderthal and whose mother was a Sapiens (or vice versa). So are Sapiens and Neanderthals the same species or different species? And is “species” an objective reality that biologists discover, or is it an intersubjective reality that biologists impose?24

    There are numerous other examples of animals breaking out of their drawers, so the neat bureaucratic division fails to accurately categorize ring species, fusion species, and hybrids.25 Grizzly bears and polar bears sometimes produce pizzly bears and grolar bears.26 Lions and tigers produce ligers and tigons.27

    When we shift our attention from mammals and other multicellular organisms to the world of single-cell bacteria and archaea, we discover that anarchy reigns. In a process known as horizontal gene transfer, single-cell organisms routinely exchange genetic material not only with organisms from related species but also with organisms from entirely different genera, kingdoms, orders, and even domains. Bacteriologists have a very difficult job keeping tabs on these chimeras.28

    And when we reach the very edge of life and consider viruses like SARS-CoV-2 (responsible for COVID-19), things become even more complicated. Viruses straddle the supposed rigid boundary between living beings and lifeless matter—between biology and chemistry. Unlike bacteria, viruses aren’t single-cell organisms. They aren’t cells at all, and don’t possess any cellular machinery of their own. Viruses don’t eat or metabolize, and cannot reproduce by themselves. They are tiny packets of genetic code, which are able to penetrate cells, hijack their cellular machinery, and instruct them to produce more copies of that alien genetic code. The new copies burst out of the cell to infect and hijack more cells, which is how the alien code turns viral. Scientists argue endlessly about whether viruses should count as life-forms or whether they fall outside the boundary of life.29 But this boundary isn’t an objective reality; it is an intersubjective convention. Even if biologists reach a consensus that viruses are life-forms, it wouldn’t change anything about how viruses behave; it will only change how humans think about them.

    Of course, intersubjective conventions are themselves part of reality. As we humans become more powerful, so our intersubjective beliefs become more consequential for the world outside our information networks. For example, scientists and legislators have categorized species according to the threat of extinction they face, on a scale ranging from “least concern” through “vulnerable” and “endangered” to “extinct.” Defining a particular population of animals as an “endangered species” is an intersubjective human convention, but it can have far-reaching consequences, for instance by imposing legal restrictions on hunting those animals or destroying their habitat. A bureaucratic decision about whether a certain animal belongs in the “endangered species” drawer or in the “vulnerable species” drawer could make the difference between life and death. As we shall see time and again in subsequent chapters, when a bureaucracy puts a label on you, even though the label might be pure convention, it can still determine your fate. That’s true whether the bureaucrat is a flesh-and-blood expert on animals; a flesh-and-blood expert on humans; or an inorganic AI.

    THE DEEP STATE

    In defense of bureaucracy it should be noted that while it sometimes sacrifices truth and distorts our understanding of the world, it often does so for the sake of order, without which it would be hard to maintain any large-scale human network. While bureaucracies are never perfect, is there a better way to manage big networks? For example, if we decided to abolish all conventional divisions in the academic world, all departments and faculties and specialized journals, would every prospective doctor be expected to devote several years to the study of history, and would people who studied the impact of the Black Death on Christian theology be considered expert virologists? Would it lead to better health-care systems?

    Anyone who fantasizes about abolishing all bureaucracies in favor of a more holistic approach to the world should reflect on the fact that hospitals too are bureaucratic institutions. They are divided into different departments, with hierarchies, protocols, and lots of forms to fill out. They suffer from many bureaucratic illnesses, but they still manage to cure us of many of our biological illnesses. The same goes for almost all the other services that make our life better, from our schools to our sewage system.

    When you flush the toilet, where does the waste go? It goes into the deep state. There is an intricate subterranean web of pipes, pumps, and tunnels that runs under our houses and collects our waste, separates it from the supply of drinking water, and either treats or safely disposes of it. Somebody needs to design, construct, and maintain that deep web, plug holes in it, monitor pollution levels, and pay the workers. That too is bureaucratic work, and we would face a lot of discomfort and even death if we abolished that particular department. Sewage water and drinking water are always in danger of mixing, but luckily for us there are bureaucrats who keep them separate.

    Prior to the establishment of modern sewage systems, waterborne infectious diseases like dysentery and cholera killed millions of people around the world.30 In 1854 hundreds of London residents began dying of cholera. It was a relatively small outbreak, but it proved to be a turning point in the history of cholera, of epidemics more generally, and of sewage. The leading medical theory of the day argued that cholera epidemics were caused by “bad air.” But the physician John Snow suspected that the cause was the water supply. He painstakingly tracked and listed all known cholera patients, their place of residence, and their source of water. The resulting data led him to identify the water pump on Broad Street in Soho as the epicenter of the outbreak.

    This was tedious bureaucratic work—collecting data, categorizing it, and mapping it—but it saved lives. Snow explained his findings to local officials, persuading them to disable the Broad Street pump, which effectively ended the outbreak. Subsequent research discovered that the well providing water to the Broad Street pump was dug less than a meter from a cholera-infected cesspit.31

    Snow’s discovery, and the work of many subsequent scientists, engineers, lawyers, and officials, resulted in a sprawling bureaucracy regulating cesspits, water pumps, and sewage lines. In today’s England, digging wells and constructing cesspits require filling out forms and getting licenses, which ensure that drinking water doesn’t come from a well someone dug next to a cesspit.32

    It is easy to forget about this system when it works well, but since 1854 it has saved millions of lives, and it is one of the most important services provided by modern states. In 2014, Prime Minister Narendra Modi of India identified the lack of toilets as one of India’s biggest problems. Open defecation is a major cause for spreading diseases like cholera, dysentery, and diarrhea, as well as exposing women and girls to sexual assaults. As part of his flagship Clean India Mission, Modi promised to provide all Indian citizens with access to toilets, and between 2014 and 2020 the Indian state invested around ten billion dollars in the project, building more than 100 million new latrines.33 Sewage isn’t the stuff of epic poems, but it is a test of a well-functioning state.

    THE BIOLOGICAL DRAMAS

    Mythology and bureaucracy are the twin pillars of every large-scale society. Yet while mythology tends to inspire fascination, bureaucracy tends to inspire suspicion. Despite the services they provide, even beneficial bureaucracies often fail to win the public’s trust. For many people, the very word “bureaucracy” carries negative connotations. This is because it is inherently difficult to know whether a bureaucratic system is beneficial or malicious. For all bureaucracies—good or bad—share one key characteristic: it is hard for humans to understand them.

    Any kid can tell the difference between a friend and a bully. You know if someone shares their lunch with you or instead takes yours. But when the tax collector comes to take a cut from your earnings, how can you tell whether it goes to build a new public sewage system or a new private dacha for the president? It is hard to get all the relevant information, and even harder to interpret it. It is similarly difficult for citizens to understand the bureaucratic procedures determining how pupils are admitted to schools, how patients are treated in hospitals, or how garbage is collected and recycled. It takes a minute to tweet allegations of bias, fraud, or corruption, and many weeks of arduous work to prove or disprove them.

    Documents, archives, forms, licenses, regulations, and other bureaucratic procedures have changed the way information flows in society, and with it the way power works. This made it far more difficult to understand power. What is happening behind the closed doors of offices and archives, where anonymous officials analyze and organize piles of documents and determine our fate with a stroke of a pen or a click of a mouse?

    In tribal societies that lack written documents and bureaucracies, the human network is composed of only human-to-human and human-to-story chains. Authority belongs to the people who control the junctions that link the various chains. These junctions are the tribe’s foundational myths. Charismatic leaders, orators, and mythmakers know how to use these stories in order to shape identities, build alliances, and sway emotions.34

    In human networks connected by written documents and bureaucratic procedures—from ancient Ur to modern India—society relies in part on the interaction between humans and documents. In addition to human-to-human and human-to-story chains, such societies are held together by human-to-document chains. When we observe a bureaucratic society at work, we still see humans telling stories to other humans, as when millions of Indians watch the Ramayana series, but we also see humans passing documents to other humans, as when TV networks are required to apply for broadcasting licenses and fill out tax reports. Looked at from a different perspective, what we see is documents compelling humans to engage with other documents.

    This led to shifts in authority. As documents became a crucial nexus linking many social chains, considerable power came to be invested in these documents, and experts in the arcane logic of documents emerged as new authority figures. Administrators, accountants, and lawyers mastered not just reading and writing but also the skills of composing forms, separating drawers, and managing archives. In bureaucratic systems, power often comes from understanding how to manipulate obscure budgetary loopholes and from knowing your way around the labyrinths of offices, committees, and subcommittees.

    This shift in authority changed the balance of power in the world. For better or worse, literate bureaucracies tended to strengthen the central authority at the expense of ordinary citizens. It’s not just that documents and archives made it easier for the center to tax, judge, and conscript everybody. The difficulty of understanding bureaucratic power simultaneously made it harder for the masses to influence, resist, or evade the central authority. Even when bureaucracy was a benign force, providing people with sewage systems, education, and security, it still tended to increase the gap between rulers and ruled. The system enabled the center to collect and record a lot more information about the people it governed, while the latter found it much more difficult to understand how the system itself worked.

    Art, which helps us understand many other aspects of life, offered only limited assistance in this case. Poets, playwrights, and moviemakers have occasionally focused on the dynamics of bureaucratic power. However, this has proven to be a very difficult story to communicate. Artists usually work with a limited set of story lines that are rooted in our biology, but none of these biological dramas sheds much light on the workings of bureaucracy, because they have all been scripted by evolution millions of years before the emergence of documents and archives. To understand what “biological dramas” are, and why they are a poor guide for understanding bureaucracy, let’s consider in detail the plot of one of humanity’s greatest artistic masterpieces—the Ramayana.

    One important plotline of the Ramayana concerns the relations between the eponymous prince, Rama, his father, King Dasharatha, and his stepmother, Queen Kaikeyi. Though Rama, being the eldest son, is the rightful heir to the kingdom, Kaikeyi persuades the king to banish Rama to the wilderness and bestow the succession instead on her son Bharata. Underlying this plotline are several biological dramas that go back hundreds of millions of years in mammalian and avian evolution.

    All mammal and bird offspring depend on their parents in the first stage of life, seek parental care, and fear parental neglect or hostility. Life and death hang in the balance. A cub or chick pushed out of the nest too soon is in danger of death from starvation or predation. Among humans, the fear of being neglected or abandoned by one’s parents is a template not just for children’s stories like Snow White, Cinderella, and Harry Potter but also for some of our most influential national and religious myths. The Ramayana is far from being the sole example. In Christian theology damnation is conceived as losing all contact with the mother church and the heavenly father. Hell is a lost child crying for his or her missing parents.

    A related biological drama, which is also familiar to human children, mammalian cubs, and avian chicks, is “Father loves me more than he loves you.” Biologists and geneticists have identified sibling rivalry as one of the key processes of evolution.35 Siblings routinely compete for food and parental attention, and in some species the killing of one sibling by another is commonplace. About a quarter of spotted hyena cubs are killed by their siblings, who typically enjoy greater parental care as a result.36 Among sand tiger sharks, females hold numerous embryos in their uterus. The first embryo that reaches about ten centimeters in length then eats all the others.37 The dynamics of sibling rivalry are manifested in numerous myths in addition to the Ramayana, for instance in the stories of Cain and Abel, King Lear, and the TV series Succession. Entire nations—like the Jewish people—may base their identity on the claim that “we are Father’s favorite children.”

    The second major plotline of the Ramayana focuses on the romantic triangle formed by Prince Rama, his lover, Sita, and the demon-king Ravana, who kidnaps Sita. “Boy meets girl” and “boy fights boy over girl” are also biological dramas that have been enacted by countless mammals, birds, reptiles, and fish for hundreds of millions of years. We are mesmerized by these stories because understanding them has been essential for our ancestors’ survival. Human storytellers like Homer, Shakespeare, and Valmiki—the purported author of the Ramayana—have displayed an amazing capacity to elaborate on the biological dramas, but even the greatest poetical narratives usually copy their basic plotline from the handbook of evolution.

    A third theme recurring in the Ramayana is the tension between purity and impurity, with Sita being the paragon of purity in Hindu culture. The cultural obsession with purity originates in the evolutionary struggle to avoid pollution. All animals are torn between the need to try new food and the fear of being poisoned. Evolution therefore equipped animals with both curiosity and the capacity to feel disgust on coming into contact with something toxic or otherwise dangerous.38 Politicians and prophets have learned how to manipulate these disgust mechanisms. In nationalist and religious myths, countries or churches are depicted as a biological body in danger of being polluted by impure intruders. For centuries bigots have often said that ethnic and religious minorities spread diseases,39 that LGBTQ people are a source of pollution,40 or that women are impure.41 During the Rwanda genocide of 1994, Hutu propaganda referred to the Tutsis as cockroaches. The Nazis compared Jews to rats. Experiments have shown that chimpanzees, too, react with disgust to images of unfamiliar chimpanzees from another band.42

    Perhaps in no other culture was the biological drama of “purity versus impurity” carried to greater extremes than in traditional Hinduism. It constructed an intersubjective system of castes ranked by their supposed level of purity, with the pure Brahmins at the top and the allegedly impure Dalit (formerly known as untouchables) at the bottom. Professions, tools, and everyday activities have also been classified by their level of purity, and strict rules have forbidden “impure” persons to marry “pure” people, touch them, prepare food for them, or even come near them.

    The modern state of India still struggles with this legacy, which influences almost all aspects of life. For example, fears of impurity created various complications for the aforementioned Clean India Mission, because allegedly “pure” people were reluctant to get involved in “impure” activities such as building, maintaining, and cleaning toilets, or to share public latrines with allegedly “impure” persons.43 On September 25, 2019, two Dalit children—twelve-year-old Roshni Valmiki and her ten-year-old nephew Avinash—were lynched in the Indian village of Bhakhedi for defecating near the house of a family from the higher Yadav caste. They were forced to defecate in public because their houses lacked functioning toilets. A local official later explained that their household—while being among the poorest in the village—was nevertheless excluded from the list of families eligible for government aid to build toilets. The children routinely suffered from other caste-based discrimination, for example being forced to bring separate mats and utensils to school and to sit apart from the other pupils, so as not to “pollute” them.44

    The list of biological dramas that press our emotional buttons includes several additional classics, such as “Who will be alpha?” “Us versus them,” and “Good versus evil.” These dramas, too, feature prominently in the Ramayana, and all of them are well known to wolf packs and chimpanzee bands as well as to human societies. Together, these biological dramas form the backbone of almost all human art and mythology. But art’s dependence on the biological dramas have made it difficult for artists to explain the mechanisms of bureaucracy. The Ramayana is set within the context of large agrarian kingdoms, but it shows little interest in how such kingdoms register property, collect taxes, catalog archives, or finance wars. Sibling rivalry and romantic triangles aren’t a good guide for the dynamics of documents, which have no siblings and no romantic life.

    Storytellers like Franz Kafka, who focused on the often surreal ways that bureaucracy shapes human lives, pioneered new nonbiological plotlines. In Kafka’s Trial, the bank clerk K. is arrested by unidentified officials of an unfathomable agency for an unnamed crime. Despite his best efforts, he never understands what is happening to him or uncovers the aims of the agency that is crushing him. While sometimes taken as an existential or theological reference to the human condition in the universe and to the unfathomability of God, on a more mundane level the story highlights the potentially nightmarish character of bureaucracies, which as an insurance lawyer Kafka knew all too well.

    In bureaucratic societies, the lives of ordinary people are often upended by unidentified officials of an unfathomable agency for incomprehensible reasons. Whereas stories about heroes who confront monsters—from the Ramayana to Spider-Man—repackage the biological dramas of confronting predators and romantic rivals, the unique horror of Kafkaesque stories comes from the unfathomability of the threat. Evolution has primed our minds to understand death by a tiger. Our mind finds it much more difficult to understand death by a document.

    Some portrayals of bureaucracy are satirical. Joseph Heller’s iconic 1961 novel, Catch-22, illustrated the central role bureaucracy plays in war. The ex–private first class Wintergreen in the mail room—who decides which letters to forward—is a more powerful figure than any general.45 The 1980s British sitcoms Yes Minister and Yes, Prime Minister showed the ways that civil servants use arcane regulations, obscure subcommittees, and piles of documents to manipulate and control their political bosses. The 2015 comedy-drama The Big Short (based on a 2010 book by Michael Lewis) explored the bureaucratic roots of the 2007–8 financial crisis. The movie’s arch-villains are not humans but collateralized debt obligations (CDOs), which are financial devices invented by investment bankers and understood by nobody else in the world. These bureaucratic Godzillas slumbered unnoticed in the depths of bank portfolios, until they suddenly emerged in 2007 to wreak havoc on the lives of billions of people by instigating a major financial crisis.

    Artworks like these have had some success in shaping perceptions of how bureaucratic power works, but this is an uphill battle, because since the Stone Age our minds have been primed to focus on biological dramas rather than bureaucratic ones. Most Hollywood and Bollywood blockbusters are not about CDOs. Rather, even in the twenty-first century, most blockbusters are essentially Stone Age stories about the hero who fights the monster to win the girl. Similarly, when depicting the dynamics of political power, TV series like Game of Thrones, The Crown, and Succession focus on the family intrigues of the dynastic court rather than on the bureaucratic labyrinth that sustains—and sometimes curbs—the dynasty’s power.

    LET’S KILL ALL THE LAWYERS

    The difficulty of depicting and understanding bureaucratic realities has had unfortunate results. On the one hand, it leaves people feeling helpless in the face of harmful powers they do not understand, like the hero of Kafka’s Trial. On the other hand, it also leaves people with the impression that bureaucracy is a malign conspiracy, even in cases when it is in fact a benign force providing us with health care, security, and justice.

    In the sixteenth century, Ludovico Ariosto described the allegorical figure of Discord as a woman who walks around in a cloud of “sheaves of summonses and writs, cross-examinations and powers of attorney, and great piles of glosses, counsel’s opinions and precedents—all of which tended to the greater insecurity of impoverished folk. In front and behind her and on either side she was hemmed in by notaries, attorneys and barristers.”46

    In his description of Jack Cade’s Rebellion (1450) in Henry VI, Part 2, Shakespeare has a commoner rebel called Dick the Butcher take the antipathy to bureaucracy to its logical conclusion. Dick has a plan to establish a better social order. “The first thing we do,” advises Dick, “let’s kill all the lawyers.” The rebel leader, Jack Cade, runs with Dick’s proposal in a forceful attack on bureaucracy and in particular on written documents: “Is not this a lamentable thing, that of the skin of an innocent lamb should be made parchment? That parchment, being scribbled o’er, should undo a man? Some say the bee stings: but I say, ’tis the bee’s wax; for I did but seal once to a thing, and I was never mine own man since.” Just then the rebels capture a clerk and accuse him of being able to write and read. After a short interrogation that establishes his “crime,” Cade orders his men, “Hang him with his pen and inkhorn about his neck.”47

    Seventy years prior to Jack Cade’s Rebellion, during the even bigger 1381 Peasants’ Revolt, the rebels focused their ire not only on flesh-and-blood bureaucrats but also on their documents, destroying numerous archives, burning court rolls, charters, and administrative and legal records. In one incident, they made a bonfire of the archives of the University of Cambridge. An old woman named Margery Starr scattered the ashes to the winds while crying, “Away with the learning of the clerks, away with it!” Thomas Walsingham, a monk in St. Albans Abbey who witnessed the destruction of the abbey’s archive firsthand, described how the rebels “set fire to all court rolls and muniments, so that after they had got rid of these records of their ancient service their lords would not be able to claim any right at all against them at some future time.”48 Killing the documents erased the debts.

    Similar attacks on archives characterized numerous other insurgencies throughout history. For example, during the Great Jewish Revolt in 66 CE, one of the first things the rebels did upon capturing Jerusalem was to set fire to the central archive in order to destroy records of debts, thereby wining the support of the populace.49 During the French Revolution in 1789, numerous local and regional archives were destroyed for comparable reasons.50 Many rebels might have been illiterate, but they knew that without the documents the bureaucratic machine couldn’t function.

    I can sympathize with the suspicion of government bureaucracies and of the power of official documents, because they have played an important role in my own family. My maternal grandfather had his life upended by a government census and by the inability to find a crucial document. My grandfather Bruno Luttinger was born in 1913 in Chernivtsi. Today this town is in Ukraine, but in 1913 it was part of the Habsburg Empire. Bruno’s father disappeared in World War I, and he was raised by his mother, Chaya-Pearl. When the war was over, Chernivtsi was annexed to Romania. In the late 1930s, as Romania became a fascist dictatorship, an important plank of its new antisemitic policy was to conduct a Jewish census.

    In 1936 official statistics said that 758,000 Jews lived in Romania, constituting 4.2 percent of the population. The same official statistics said that the total number of refugees from the U.S.S.R., Jews and non-Jews, was about 11,000. In 1937 a new fascist government came to power, headed by Prime Minister Octavian Goga. Goga was a renowned poet as well as a politician, but he quickly graduated from patriotic poetry to fake statistics and oppressive bureaucracy. He and his colleagues ignored the official statistics and claimed that hundreds of thousands of Jewish refugees were flooding into Romania. In several interviews Goga claimed that half a million Jews had entered Romania illegally and that the total number of Jews in the country was 1.5 million. Government organs, far-right statisticians, and popular newspapers regularly cited even higher figures. The Romanian embassy in Paris, for example, claimed there were a million Jewish refugees in Romania. Christian Romanians were gripped by mass hysteria that they would soon be replaced or become a minority in a Jewish-led country.

    Goga’s government stepped in to offer a solution to the imaginary problem invented by its own propaganda. On January 22, 1938, the government issued a law ordering all Jews in Romania to provide documented proof that they were born in Romanian territory and were entitled to Romanian citizenship. Jews who failed to provide proof would lose their citizenship, along with all rights to residence and employment.

    Suddenly Romania’s Jews found themselves in a bureaucratic hell. Many had to travel to their birthplace to look for the relevant documents, only to discover that the municipal archives were destroyed during World War I. Jews born in territories annexed to Romania only after 1918—like Chernivtsi—faced special difficulties, because they lacked Romanian birth certificates and because many other documents about their families were archived in the former Habsburg capitals of Vienna and Budapest instead of in Bucharest. Jews often didn’t even know which documents they were supposed to be looking for, because the census law didn’t specify which documents were considered sufficient “proof.”

    Clerks and archivists gained a new and lucrative source of income as frantic Jews offered to pay large bribes to get their hands on the right document. Even if no bribes were involved, the process was extremely costly: any request for documentation, as well as filing the citizenship request with the authorities, involved paying fees. Finding and filing the right document did not guarantee success. A difference of a single letter between how a name was spelled on the birth certificate and on the citizenship papers was enough for the authorities to revoke the citizenship.

    Many Jews could not clear these bureaucratic hurdles and didn’t even file a citizenship request. Of those who did, only 63 percent got their citizenship approved. Altogether, out of 758,000 Romanian Jews, 367,000 lost their citizenship.51 My grandfather Bruno was among them. When the new census law was passed in Bucharest, Bruno did not think much about it. He was born in Chernivtsi and lived there all his life. The thought that he needed to prove to some bureaucrat that he was not an alien struck him as ridiculous. Moreover, in early 1938 his mother fell ill and died, and Bruno felt he had much bigger things to worry about than chasing documents.

    In December 1938 an official letter arrived from Bucharest canceling Bruno’s citizenship, and as an alien he was promptly fired from his job in a Chernivtsi radio shop. Bruno was now not only alone and jobless but also stateless and without much prospect for alternative employment. Nine months later World War II erupted, and the danger for paperless Jews was mounting. Of the Romanian Jews who lost their citizenship in 1938, the vast majority would be murdered over the next few years by the Romanian fascists and their Nazi allies (Jews who retained their citizenship had a much higher survival rate).52

    My grandfather repeatedly tried to escape the tightening noose, but it was difficult without the right papers. Several times he smuggled himself onto trains and ships, only to be caught and arrested. In 1940 he finally managed to board one of the last ships bound for Palestine before the gates of hell slammed shut. When he arrived in Palestine, he was immediately imprisoned by the British as an illegal immigrant. After two months in prison, the British offered a deal: stay in jail and risk deportation, or enlist in the British army and get Palestinian citizenship. My grandfather grabbed the offer with both hands and from 1941 to 1945 served in the British army in the North African and Italian campaigns. In exchange, he got his papers.

    In our family it became a sacred duty to preserve documents. Bank statements, electricity bills, expired student cards, letters from the municipality—if it had an official-looking stamp on it, it would be filed in one of the many folders in our cupboard. You never knew which of these documents might one day save your life.

    THE MIRACLE DOCUMENT

    Should we love the bureaucratic information network or hate it? Stories like that of my grandfather indicate the dangers inherent in bureaucratic power. Stories like that of the London cholera epidemic indicate its potential benevolence. All powerful information networks can do both good and ill, depending on how they are designed and used. Merely increasing the quantity of information in a network doesn’t guarantee its benevolence, nor make it any easier to find the right balance between truth and order. That is a key historical lesson for the designers and users of the new information networks of the twenty-first century.

    Future information networks, particularly those based on AI, will be different from previous networks in many ways. While in part 1 we are examining how mythology and bureaucracy have been essential for large-scale information networks, in part 2 we will see how AI is taking up the role of both bureaucrats and mythmakers. AI tools know how to find and process data better than flesh-and-blood bureaucrats, and AI is also acquiring the ability to compose stories better than most humans.

    But before we explore the new AI-based information networks of the twenty-first century, and before we examine the threats and promises of AI mythmakers and AI bureaucrats, there is one more thing we need to understand about the long-term history of information networks. We have now seen that information networks don’t maximize truth, but rather seek to find a balance between truth and order. Bureaucracy and mythology are both essential for maintaining order, and both are happy to sacrifice truth for the sake of order. What mechanisms, then, ensure that bureaucracy and mythology don’t lose touch with truth altogether, and what mechanisms enable information networks to identify and correct their own mistakes, even at the price of some disorder?

    The way human information networks have dealt with the problem of errors will be the main subject of the next two chapters. We’ll start by considering the invention of another information technology: the holy book. Holy books like the Bible and the Quran are an information technology that is meant to both include all the vital information society needs and be free from all possibility of error. What happens when an information network believes itself to be utterly incapable of any error? The history of allegedly infallible holy books highlights some of the limitations of all information networks and holds important lessons for the attempt to create infallible AIs in the twenty-first century.

    CHAPTER 4 Errors: The Fantasy of Infallibility

    As Saint Augustine famously said, “To err is human; to persist in error is diabolical.”1 The fallibility of human beings, and the need to correct human errors, have played key roles in every mythology. According to Christian mythology, the whole of history is an attempt to correct Adam and Eve’s original sin. According to Marxist-Leninist thinking, even the working class is likely to be fooled by its oppressors and misidentify its own interests, which is why it requires the leadership of a wise party vanguard. Bureaucracy, too, is constantly on the lookout for errors, from misplaced documents to inefficient procedures. Complex bureaucratic systems usually contain self-disciplinary bodies, and when a major catastrophe occurs—like a military defeat or a financial meltdown—commissions of inquiry are set up to understand what went wrong and make sure the same mistake is not repeated.

    In order to function, self-correcting mechanisms need legitimacy. If humans are prone to error, how can we trust the self-correcting mechanisms to be free from error? To escape this seemingly endless loop, humans have often fantasized about some superhuman mechanism, free from all error, that they can rely upon to identify and correct their own mistakes. Today one might hope that AI could provide such a mechanism, as when in April 2023 Elon Musk announced, “I’m going to start something, which I call TruthGPT or a maximum truth-seeking AI that tries to understand the nature of the universe.”2 We will see in later chapters why this is a dangerous fantasy. In previous eras, such fantasies took a different form—religion.

    In our personal lives, religion can fulfill many different functions, like providing solace or explaining the mysteries of life. But historically, the most important function of religion has been to provide superhuman legitimacy for the social order. Religions like Judaism, Christianity, Islam, and Hinduism propose that their ideas and rules were established by an infallible superhuman authority, and are therefore free from all possibility of error, and should never be questioned or changed by fallible humans.

    TAKING HUMANS OUT OF THE LOOP

    At the heart of every religion lies the fantasy of connecting to a superhuman and infallible intelligence. This is why, as we shall explore in chapter 8, studying the history of religion is highly relevant to present-day debates about AI. In the history of religion, a recurrent problem is how to convince people that a certain dogma indeed originated from an infallible superhuman source. Even if in principle I am eager to submit to the gods’ will, how do I know what the gods really want?

    Throughout history many humans claimed to convey messages from the gods, but the messages often contradicted each other. One person said a god appeared to her in a dream; another person said she was visited by an angel; a third recounted how he met a spirit in a forest—and each preached a different message. The anthropologist Harvey Whitehouse recounts how when he was doing fieldwork among the Baining people of New Britain in the late 1980s, a young man called Tanotka fell sick, and in his feverish delirium began making cryptic statements like “I am Wutka” and “I am a post.” Most of these statements were heard only by Tanotka’s older brother, Baninge, who began telling about them to other people and interpreting them in a creative way. Baninge said that his brother was possessed by an ancestral spirit called Wutka and that he was divinely chosen to be the main support of the community, just as local houses were supported by a central post.

    After Tanotka recovered, he continued to deliver cryptic messages from Wutka, which were interpreted by Baninge in ever more elaborate ways. Baninge also began having dreams of his own, which allegedly revealed additional divine messages. He claimed that the end of the world was imminent, and convinced many of the locals to grant him dictatorial powers so that he could prepare the community for the coming apocalypse. Baninge proceeded to waste almost all the community’s resources on extravagant feasts and rituals. When the apocalypse didn’t materialize and the community almost starved, Baninge’s power collapsed. Though some locals continued to believe that he and Tanotka were divine messengers, many others concluded that the two were charlatans—or perhaps the servants of the Devil.3

    How could people distinguish the true will of the gods from the inventions or imaginations of fallible humans? Unless you had a personal divine revelation, knowing what the gods said meant trusting what fallible humans like Tanotka and Baninge claimed the gods said. But how can you trust these humans, especially if you don’t know them personally? Religion wants to take fallible humans out of the loop and give people access to infallible superhuman laws, but religion repeatedly boiled down to trusting this or that human.

    One way around this problem was to create religious institutions that vetted the purported divine messengers. Already in tribal societies communication with superhuman entities like tribal spirits was often the domain of religious experts. Among the Baining people, specialized spirit mediums known as agungaraga were traditionally responsible for communicating with the spirits and thereby learning the hidden causes of misfortunes ranging from illness to crop failure. Their membership in an established institution made the agungaraga more trustworthy than Tanotka and Baninge, and made their authority more stable and widely acknowledged.4 Among the Kalapalo tribe of Brazil religious rituals were organized by hereditary ritual officers known as the anetaū. In ancient Celtic and Hindu societies similar duties were the preserve of druids and Brahmins.5 As human societies grew and became more complex, so did their religious institutions. Priests and oracles had to train long and hard for the important task of representing the gods, so people no longer needed to trust just any layperson who claimed to have met an angel or to carry a divine message.6 In ancient Greece, for example, if you wanted to know what the gods said, you went to an accredited expert like the Pythia—the high priestess at the temple of Apollo in Delphi.

    But as long as religious institutions like oracular temples were staffed by fallible humans, they too were open to error and corruption. Herodotus recounts that when Athens was ruled by the tyrant Hippias, the pro-democracy faction bribed the Pythia to help them. Whenever any Spartan came to the Pythia to consult the gods on either official or private matters, the Pythia invariably replied that the Spartans must first free Athens from the tyrant. The Spartans, who were Hippias’s allies, eventually submitted to the alleged will of the gods and sent an army to Athens that deposed Hippias in 510 BCE, leading to the establishment of Athenian democracy.7

    If a human prophet could falsify the words of a god, then the key problem of religion wasn’t solved by creating religious institutions like temples and priestly orders. People still needed to trust fallible humans in order to access the supposedly infallible gods. Was it possible to somehow bypass the humans altogether?

    THE INFALLIBLE TECHNOLOGY

    Holy books like the Bible and the Quran are a technology to bypass human fallibility, and religions of the book—like Judaism, Christianity, and Islam—have been built around that technological artifact. To appreciate how this technology is meant to work, we should begin by explaining what a book is and what makes books different from other kinds of written texts. A book is a fixed block of texts—such as chapters, stories, recipes, or epistles—that always go together and have many identical copies. This makes a book something different from oral tales, from bureaucratic documents, and from archives. When telling a story orally, every time we tell the story it might be a little different, and if many people tell the story over a long time, significant variations are bound to creep in. In contrast, all copies of a book are supposed to be identical. As for bureaucratic documents, they tend to be relatively short, and often exist only as a single copy in one archive. If a long document has many copies placed in numerous archives, we would normally call it a book. Finally, a book that contains many texts is also different from an archive, because each archive contains a different collection of texts, whereas all copies of a book contain the same chapters, the same stories, or the same recipes. The book thereby ensures that many people in many times and places can access the same database.

    The book became an important religious technology in the first millennium BCE. After tens of thousands of years in which gods spoke to humans via shamans, priests, prophets, oracles, and other human messengers, religious movements like Judaism began arguing that the gods speak through this novel technology of the book. There is one specific book whose many chapters allegedly contain all the divine words about everything from the creation of the universe to food regulations. Crucially, no priest, prophet, or human institution can forget or change these divine words, because you can always compare what the fallible humans are telling you with what the infallible book records.

    But religions of the book had their own set of problems. Most obviously, who decides what to include in the holy book? The first copy didn’t come down from heaven. It had to be compiled by humans. Still, the faithful hoped that this thorny problem could be solved by a once-and-for-all supreme effort. If we could get together the wisest and most trustworthy humans, and they could all agree on the contents of the holy book, from that moment onward we could excise humans from the loop, and the divine words would forever be safe from human interference.

    Many objections can be raised against this procedure: Who selects the wisest humans? On the basis of what criteria? What if they cannot reach a consensus? What if they later change their minds? Nevertheless, this was the procedure used to compile holy books like the Hebrew Bible.

    THE MAKING OF THE HEBREW BIBLE

    During the first millennium BCE, Jewish prophets, priests, and scholars produced an extensive collection of stories, documents, prophecies, poems, prayers, and chronicles. The Bible as a single holy book didn’t exist in biblical times. King David or the prophet Isaiah never saw a copy of the Bible.

    It is sometimes claimed, erroneously, that the oldest surviving copy of the Bible comes from the Dead Sea Scrolls. These scrolls are a collection of about nine hundred different documents, written mostly in the last two centuries BCE and found in various caves around Qumran, a village near the Dead Sea.8 Most scholars believe they constituted the archive of a Jewish sect that lived nearby.9

    Significantly, none of the scrolls contains a copy of the Bible, and no scroll indicates that the twenty-four books of the Old Testament were considered a single and complete database. Some of the scrolls certainly record texts that are today part of the canonical Bible. For example, nineteen scrolls and fragmentary manuscripts preserve parts of the book of Genesis.10 But many scrolls record texts that were later excluded from the Bible. For example, more than twenty scrolls and fragments preserve parts of the book of Enoch—a book allegedly written by the patriarch Enoch, the great-grandfather of Noah, and containing the history of the angels and demons as well as a prophecy about the coming of the Messiah.11 The Jews of Qumran apparently gave great importance to both Genesis and Enoch, and did not think that Genesis was canonical while Enoch was apocryphal.12 Indeed, to this day some Ethiopian Jewish and Christian sects consider Enoch part of their canon.13

    Even the scrolls that record future canonical texts sometimes differ from the present-day canonical version. For example, the canonical text of Deuteronomy 32:8 says that God divided the nations of the earth according to “the number of the sons of Israel.” The version recorded in the Dead Sea Scrolls has “the number of the sons of God” instead, implying a rather startling notion that God has multiple sons.14 In Deuteronomy 8:6 the canonical text requires the faithful to fear God, whereas the Dead Sea version asks them to love God.15 Some variations are much more substantial than just a single word here or there. The Psalms scrolls contain several entire psalms that are missing from the canonical Bible (most notably Psalms 151, 154, 155).16

    Similarly, the oldest translation of the Bible—the Greek Septuagint—completed between the third and the first centuries BCE, is different in many ways from the later canonical version.17 It includes, for example, the books of Tobit, Judith, Sirach, Maccabees, the Wisdom of Solomon, the Psalms of Solomon, and Psalm 151.18 It also has longer versions of Daniel and Esther.19 Its book of Jeremiah is 15 percent shorter than the canonical version.20 Finally, in Deuteronomy 32:8 most Septuagint manuscripts have either “sons of God” or “angels of God” rather than “sons of Israel.”21

    It took centuries of hairsplitting debates among learned Jewish sages—known as rabbis—to streamline the canonical database and to decide which of the many texts in circulation would get into the Bible as the official word of Jehovah and which would be excluded. By the time of Jesus agreement was probably reached on most of the texts, but even a century later rabbis were still arguing whether the Song of Songs should be part of the canon or not. Some rabbis condemned that text as secular love poetry, while Rabbi Akiva (d. 135 CE) defended it as the divinely inspired creation of King Solomon. Akiva famously said that “the Song of Songs is the Holy of Holies.”22 By the end of the second century CE widespread consensus was apparently reached among Jewish rabbis about which texts were part of the biblical canon and which were not, but debates about this matter, and about the precise wordings, spelling, and pronunciation of each text, were not finally resolved until the Masoretic era (seventh to tenth centuries CE).23

    This process of canonization decided that Genesis was the word of Jehovah, but the book of Enoch, the Life of Adam and Eve, and the Testament of Abraham were human fabrications.24 The Psalms of King David were canonized (minus psalms 151–55), but the Psalms of King Solomon were not. The book of Malachi got the seal of approval; the book of Baruch did not. Chronicles, yes; Maccabees, no.

    Interestingly, some books mentioned in the Bible itself failed to get into the canon. For example, the books of Joshua and Samuel both refer to a very ancient sacred text known as the book of Jasher (Joshua 10:13, 2 Samuel 1:18). The book of Numbers refers to “the Book of the Wars of the Lord” (Numbers 21:14). And when 2 Chronicles surveys the reign of King Solomon, it concludes by saying that “the rest of the acts of Solomon, first and last, are written in the chronicles of Nathan the prophet, and in the prophecy of Ahijah the Shilonite, and in the visions of Iddo the seer” (2 Chronicles 9:29). The books of Iddo, Ahijah, and Nathan, as well as the books of Jasher and the Wars of the Lord, aren’t in the canonical Bible. Apparently, they were not excluded on purpose; they just got lost.25

    After the canon was sealed, most Jews gradually forgot the role of human institutions in the messy process of compiling the Bible. Jewish Orthodoxy maintained that God personally handed down to Moses at Mount Sinai the entire first part of the Bible, the Torah. Many rabbis further argued that God created the Torah at the very dawn of time so that even biblical characters who lived before Moses—like Noah and Adam—read and studied it.26 The other parts of the Bible also came to be seen as a divinely created or divinely inspired text, totally different from ordinary human compilations. Once the holy book was sealed, it was hoped that Jews now had direct access to Jehovah’s exact words, which no fallible human or corrupt institution could erase or alter.

    Anticipating the blockchain idea by two thousand years, Jews began making numerous copies of the holy code, and every Jewish community was supposed to have at least one in its synagogue or its bet midrash (house of study).27 This was meant to achieve two things. First, disseminating many copies of the holy book promised to democratize religion and place strict limits on the power of would-be human autocrats. Whereas the archives of Egyptian pharaohs and Assyrian kings empowered the unfathomable kingly bureaucracy at the expense of the masses, the Jewish holy book seemed to give power to the masses, who could now hold even the most brazen leader accountable to God’s laws.

    Second, and more important, having numerous copies of the same book prevented any meddling with the text. If there were thousands of identical copies in numerous locations, any attempt to change even a single letter in the holy code could easily be exposed as a fraud. With numerous Bibles available in far-flung locations, Jews replaced human despotism with divine sovereignty. The social order was now guaranteed by the infallible technology of the book. Or so it seemed.

    THE INSTITUTION STRIKES BACK

    Even before the process of canonizing the Bible was completed, the biblical project had run into further difficulties. Agreeing on the precise contents of the holy book was not the only problem with this supposedly infallible technology. Another obvious problem concerned copying the text. For the holy book to work its magic, Jews needed to have many copies wherever they lived. With Jewish centers emerging not only in Palestine but also in Mesopotamia and Egypt, and with new Jewish communities extending from central Asia to the Atlantic, how to make sure that copyists working thousands of kilometers apart would not change the holy book either on purpose or by mistake?

    To forestall such problems, the rabbis who canonized the Bible devised painstaking regulations for copying the holy book. For example, a scribe was not allowed to pause at certain critical moments in the copying process. When writing the name of God, the scribe “may not respond even if the king greets him. If he was about to write two or three divine names successively, he may pause between them and respond.”28 Rabbi Yishmael (second century CE) told one copyist, “You are doing Heaven’s work, and if you delete one letter or add one letter—you destroy the entire world.”29 In truth, copying errors crept in without destroying the entire world, and no two ancient Bibles were identical.30

    A second and much bigger problem concerned interpretation. Even when people agree on the sanctity of a book and on its exact wording, they can still interpret the same words in different ways. The Bible says that you should not work on the Sabbath. But it doesn’t clarify what counts as “work.” Is it okay to water your field on the Sabbath? What about watering your flowerpot or herd of goats? Is it okay to read a book on the Sabbath? How about writing a book? How about tearing a piece of paper? The rabbis ruled that reading a book isn’t work, but tearing paper is work, which is why nowadays Orthodox Jews prepare a stack of already ripped toilet paper to use on the Sabbath.

    The holy book also says that you should not cook a young goat in its mother’s milk (Exodus 23:19). Some people interpreted this quite literally: if you slaughter a young goat, don’t cook it in the milk of its own mother. But it’s fine to cook it in the milk of an unrelated goat, or in the milk of a cow. Other people interpreted this prohibition much more broadly to mean that meat and dairy products should never be mixed, so you are not allowed to have a milkshake after fried chicken. As unlikely as this may sound, most rabbis ruled that the second interpretation is the correct one, even though chickens don’t lactate.

    More problems resulted from the fact that even if the technology of the book succeeded in limiting changes to the holy words, the world beyond the book continued to spin, and it was unclear how to relate old rules to new situations. Most biblical texts focused on the lives of Jewish shepherds and farmers in the hill country of Palestine and in the sacred city of Jerusalem. But by the second century CE, most Jews lived elsewhere. A particularly large Jewish community grew in the port of Alexandria, one of the richest metropolises of the Roman Empire. A Jewish shipping magnate living in Alexandria would have found that many of the biblical laws were irrelevant to his life while many of his pressing questions had no clear answers in the holy text. He couldn’t obey the commandments about worshipping in the Jerusalem temple, because not only did he not live near Jerusalem, but the temple didn’t even exist anymore. In contrast, when he contemplated whether it was kosher for him to sail his Rome-bound grain ships on the Sabbath, it turned out that long sea voyages were not considered by the authors of Leviticus and Deuteronomy.31

    Inevitably, the holy book spawned numerous interpretations, which were far more consequential than the book itself. As Jews increasingly argued over the interpretation of the Bible, rabbis gained more power and prestige. Writing down the word of Jehovah was supposed to limit the authority of the old priestly institution, but it gave rise to the authority of a new rabbinical institution. Rabbis became the Jewish technocratic elite, developing their rational and rhetorical skills through years of philosophical debates and legal disputations. The attempt to bypass fallible human institutions by relying on a new information technology backfired, because of the need for a human institution to interpret the holy book.

    When the rabbis eventually reached some consensus about how to interpret the Bible, Jews saw another chance to get rid of the fallible human institution. They imagined that if they wrote the agreed interpretation in a new holy book, and made numerous copies of it, that would eliminate the need for any further human intercession between them and the divine code. So after much back-and-forth about which rabbinical opinions should be included and which should be ignored, a new holy book was canonized in the third century CE: the Mishnah.32

    As the Mishnah became more authoritative than the plain text of the Bible, Jews began to believe that the Mishnah could not possibly have been created by humans. It too must have been inspired by Jehovah, or perhaps even composed by the infallible deity in person. Today many Orthodox Jews firmly believe that the Mishnah was handed to Moses by Jehovah on Mount Sinai, passed orally from generation to generation, until it was written down in the third century CE.33

    Alas, no sooner had the Mishnah been canonized and copied than Jews began arguing about the correct interpretation of the Mishnah. And when a consensus was reached about the interpretation of the Mishnah and canonized in the fifth to sixth centuries as a third holy book—the Talmud—Jews began disagreeing about the interpretation of the Talmud.34

    The dream of bypassing fallible human institutions through the technology of the holy book never materialized. With each iteration, the power of the rabbinical institution only increased. “Trust the infallible book” turned into “trust the humans who interpret the book.” Judaism was shaped by the Talmud far more than by the Bible, and rabbinical arguments about the interpretation of the Talmud became even more important than the Talmud itself.35

    This is inevitable, because the world keeps changing. The Mishnah and Talmud dealt with questions raised by second-century Jewish shipping magnates that had no clear answer in the Bible. Modernity too raised many new questions that have no straightforward answers in the Mishnah and Talmud. For example, when electrical appliances developed in the twentieth century, Jews struggled with numerous unprecedented questions such as whether it is okay to press the electrical buttons of an elevator on the Sabbath?

    The Orthodox answer is no. As noted earlier, the Bible forbids working on the Sabbath, and rabbis argued that pressing an electrical button is “work,” because electricity is akin to fire, and it has long been established that kindling a fire is “work.” Does this mean that elderly Jews living in a Brooklyn high-rise must climb a hundred steps to their apartment in order to avoid working on the Sabbath? Well, Orthodox Jews invented a “Sabbath elevator,” which continually goes up and down buildings, stopping on every floor, without you having to perform any “work” by pressing an electrical button.36 The invention of AI gives another twist to this old story. By relying on facial recognition, an AI can quickly direct the elevator to your floor, without making you desecrate the Sabbath.37

    This profusion of texts and interpretations has, over time, caused a profound change in Judaism. Originally, it was a religion of priests and temples, focused on rituals and sacrifices. In biblical times, the quintessential Jewish scene was a priest in blood-splattered robes sacrificing a lamb on the altar of Jehovah. Over the centuries, however, Judaism became an “information religion,” obsessed with texts and interpretations. From second-century Alexandria to twenty-first-century Brooklyn, the quintessential Jewish scene became a group of rabbis arguing about the interpretation of a text.

    This change was extremely surprising given that almost nowhere in the Bible itself do you find anyone arguing about the interpretation of any text. Such debates were not part of biblical culture itself. For example, when Korah and his followers challenged the right of Moses to lead the people of Israel, and demanded a more equitable division of power, Moses reacted not by entering a learned discussion or by quoting some scriptural passage. Rather, Moses called upon God to perform a miracle, and the moment he finished speaking, the ground split, “and the earth opened its mouth and swallowed them and their households” (Numbers 16:31–32). When Elijah was challenged by 450 prophets of Baal and 400 prophets of Asherah to a public test in front of the people of Israel, he proved the superiority of Jehovah over Baal and Asherah first by miraculously summoning fire from the sky and then by slaughtering the pagan prophets. Nobody read any text, and nobody engaged in any rational debate (1 Kings 18).

    As Judaism replaced sacrifices with texts, it gravitated toward a view of information as the most fundamental building block of reality, anticipating current ideas in physics and computer science. The flood of texts generated by rabbis was increasingly seen as more important, and even more real, than plowing a field, baking a loaf of bread, or sacrificing a lamb in a temple. After the temple in Jerusalem was destroyed by the Romans and all temple rituals ceased, rabbis nevertheless devoted enormous efforts to writing texts about the proper way to conduct temple rituals and then arguing about the correct interpretation of these texts. Centuries after the temple was no more, the amount of information concerning these virtual rituals only continued to increase. The rabbis weren’t oblivious to this seeming gap between text and reality. Rather, they maintained that writing texts about the rituals and arguing about these texts were far more important than actually performing the rituals.38
    This eventually led the rabbis to believe that the entire universe was an information sphere—a realm composed of words and running on the alphabetical code of the Hebrew letters. They further maintained that this informational universe was created so that Jews could read texts and argue about their interpretation, and that if Jews ever stop reading these texts and arguing about them, the universe will cease to exist.39 In everyday life, this view meant that for the rabbis words in texts were often more important than facts in the world. Or more accurately, which words appeared in sacred texts became some of the most important facts about the world, shaping the lives of individuals and entire communities.

    THE SPLIT BIBLE

    The above description of the canonization of the Bible, and the creation of the Mishnah and Talmud, ignores one very important fact. The process of canonizing the word of Jehovah created not one chain of texts but several competing chains. There were people who believed in Jehovah, but not in the rabbis. Most of these dissenters did accept the first block in the biblical chain—which they called the Old Testament. But already before the rabbis sealed this block, the dissenters rejected the authority of the entire rabbinical institution, which led them to subsequently reject the Mishnah and Talmud, too. These dissenters were the Christians.

    When Christianity emerged in the first century CE, it was not a unified religion, but rather a variety of Jewish movements that didn’t agree on much, except that they all regarded Jesus Christ—rather than the rabbinical institution—as the ultimate authority on Jehovah’s words.40 Christians accepted the divinity of texts like Genesis, Samuel, and Isaiah, but they argued that the rabbis misunderstood these texts, and only Jesus and his disciples knew the true meaning of passages like “the Lord himself will give you a sign: the almah will conceive and give birth to a son, and will call him Immanuel” (Isaiah 7:14). The rabbis said almah meant “young woman,” Immanuel meant “God with us” (in Hebrew immanu means “with us” and el means “God”), and the entire passage was interpreted as a divine promise to help the Jewish people in their struggle against oppressive foreign empires. In contrast, the Christians argued that almah meant “virgin,” that Immanuel meant that God will literally be born among humans, and that this was a prophecy about the divine Jesus being born on earth to the Virgin Mary.41

    However, by rejecting the rabbinical institution while simultaneously accepting the possibility of new divine revelations, the Christians opened the door to chaos. In the first century CE, and even more so in the second and third centuries CE, different Christians came up with radically new interpretations for books like Genesis and Isaiah, as well as with a plethora of new messages from God. Since they rejected the authority of the rabbis, since Jesus was dead and couldn’t adjudicate between them, and since a unified Christian church didn’t yet exist, who could decide which of all these interpretations and messages was divinely inspired?

    Thus, it was not just John who described the end of the world in his Apocalypse (the book of Revelation). We have many additional apocalypses from that era, for example the Apocalypse of Peter, the Apocalypse of James, and even the Apocalypse of Abraham.42 As for the life and teachings of Jesus, in addition to the four Gospels of Matthew, Mark, Luke, and John, early Christians had the Gospel of Peter, the Gospel of Mary, the Gospel of Truth, the Gospel of the Savior, and numerous others.43 Similarly, aside from the Acts of the Apostles, there were at least a dozen other Acts such as the Acts of Peter and the Acts of Andrew.44 Letters were even more prolific. Most present-day Christian Bibles contain fourteen epistles attributed to Paul, three attributed to John, two to Peter, and one each to James and Jude. Ancient Christians were familiar not only with additional Pauline letters (such as the Epistle to the Laodiceans) but with numerous other epistles supposedly written by other disciples and saints.45

    As Christians composed more and more gospels, epistles, prophecies, parables, prayers, and other texts, it became harder to know which ones to pay attention to. Christians needed a curation institution. That’s how the New Testament was created. At roughly the same time that debates among Jewish rabbis were producing the Mishnah and Talmud, debates between Christian priests, bishops, and theologians were producing the New Testament.
    In a letter from 367 CE, Bishop Athanasius of Alexandria recommended twenty-seven texts that faithful Christians should read—a rather eclectic collection of stories, letters, and prophecies written by different people in different times and places. Athanasius recommended the Apocalypse of John, but not that of Peter or Abraham. He approved of Paul’s Epistle to the Galatians, but not of Paul’s Epistle to the Laodiceans. He endorsed the Gospels of Matthew, Mark, Luke, and John, but rejected the Gospel of Thomas and the Gospel of Truth.46

    A generation later, in the Councils of Hippo (393) and Carthage (397), gatherings of bishops and theologians formally canonized this list of recommendations, which became known as the New Testament.47 When Christians talk about “the Bible,” they mean the Old Testament together with the New Testament. In contrast, Judaism never accepted the New Testament, and when Jews talk about “the Bible,” they mean only the Old Testament, which is supplemented by the Mishnah and Talmud. Interestingly, Hebrew to this day lacks a word to describe the Christian holy book, which contains both the Old Testament and the New Testament. Jewish thought sees them as two utterly unrelated books and simply refuses to acknowledge that there might be a single book encompassing both, even though it is probably the most common book in the world.

    It is crucial to note that the people who created the New Testament weren’t the authors of the twenty-seven texts it contains; they were the curators. Due to the paucity of evidence from the period, we do not know if Athanasius’s list of texts reflected his personal judgment, or whether it originated with earlier Christian thinkers. What we do know is that prior to the Councils of Hippo and Carthage there were rival recommendation lists for Christians. The earliest such list was codified by Marcion of Sinope in the middle of the second century. The Marcion canon included only the Gospel of Luke and ten epistles of Paul. Even these eleven texts were somewhat different from the versions later canonized at Hippo and Carthage. Either Marcion was unaware of other texts like the Gospel of John and the book of Revelation, or he did not think highly of them.48

    The church father Saint John Chrysostom, a contemporary of Bishop Athanasius’s, recommended only twenty-two books, leaving 2 Peter, 2 John, 3 John, Jude, and Revelation out of his list.49 Some Christian churches in the Middle East to this day follow Chrysostom’s shorter list.50 The Armenian Church took about a thousand years to make up its mind about the book of Revelation, while it included in its canon the Third Epistle to the Corinthians, which other churches—like the Catholic and Protestant churches—consider a forgery.51 The Ethiopian Church endorsed Athanasius’s list in full, but added four other books: Sinodos, the book of Clement, the book of the Covenant, and the Didascalia.52 Other lists endorsed the two epistles of Clement, the visions of the Shepherd of Hermas, the Epistle of Barnabas, the Apocalypse of Peter, and various other texts that didn’t make it into Athanasius’s selection.53

    We do not know the precise reasons why specific texts were endorsed or rejected by different churches, church councils, and church fathers. But the consequences were far-reaching. While churches made decisions about texts, the texts themselves shaped the churches. As a key example, consider the role of women in the church. Some early Christian leaders saw women as intellectually and ethically inferior to men, and argued that women should be restricted to subordinate roles in society and in the Christian community. These views were reflected in texts like the First Epistle to Timothy.

    In one of its passages, this text, attributed to Saint Paul, says, “A woman should learn in quietness and full submission. I do not permit a woman to teach or to assume authority over a man; she must be quiet. For Adam was formed first, then Eve. And Adam was not the one deceived; it was the woman who was deceived and became a sinner. But women will be saved through childbearing—if they continue in faith, love and holiness with propriety” (2:11–15). But modern scholars as well as some ancient Christian leaders like Marcion have considered this letter a second-century forgery, ascribed to Saint Paul but actually written by someone else.54

    In opposition to 1 Timothy, during the second, third, and fourth centuries CE there were important Christian texts that saw women as equal to men, and even authorized women to occupy leadership roles, like the Gospel of Mary55 or the Acts of Paul and Thecla. The latter text was written at about the same time as 1 Timothy, and for a time was extremely popular.56 It narrates the adventures of Saint Paul and his female disciple Thecla, describing how Thecla not only performed numerous miracles but also baptized herself with her own hands and often preached. For centuries, Thecla was one of the most revered Christian saints and was seen as evidence that women could baptize, preach, and lead Christian communities.57

    Before the Councils of Hippo and Carthage, it wasn’t clear that 1 Timothy was more authoritative than the Acts of Paul and Thecla. By choosing to include 1 Timothy in their recommendation list while rejecting the Acts of Paul and Thecla, the assembled bishops and theologians shaped Christian attitudes toward women down to the present day. We can only hypothesize what Christianity might have looked like if the New Testament had included the Acts of Paul and Thecla instead of 1 Timothy. Perhaps in addition to church fathers like Athanasius, the church would have had mothers, while misogyny would have been labeled a dangerous heresy perverting Jesus’s message of universal love.

    Just as most Jews forgot that rabbis curated the Old Testament, so most Christians forgot that church councils curated the New Testament, and came to view it simply as the infallible word of God. But while the holy book was seen as the ultimate source of authority, the process of curating the book placed real power in the hands of the curating institution. In Judaism the canonization of the Old Testament and Mishnah went hand in hand with creating the institution of the rabbinate. In Christianity the canonization of the New Testament went hand in hand with the creation of a unified Christian church. Christians trusted church officials—like Bishop Athanasius—because of what they read in the New Testament, but they had faith in the New Testament because this is what the bishops told them to read. The attempt to invest all authority in an infallible superhuman technology led to the rise of a new and extremely powerful human institution—the church.

    THE ECHO CHAMBER

    As time passed, problems of interpretation increasingly tilted the balance of power between the holy book and the church in favor of the institution. Just as the need to interpret Jewish holy books empowered the rabbinate, so the need to interpret Christian holy books empowered the church. The same saying of Jesus or the same Pauline epistle could be understood in various ways, and it was the institution that decided which reading was correct. The institution in turn was repeatedly shaken by struggles over the authority to interpret the holy book, which resulted in institutional schisms such as that between the Western Catholic Church and the Eastern Orthodox Church.

    All Christians read the Sermon on the Mount in the Gospel of Matthew and learned that we should love our enemies, that we should turn the other cheek, and that the meek shall inherit the earth. But what did that actually mean? Christians could read this as a call to reject all use of military force,58 or to reject all social hierarchies.59 The Catholic Church, however, viewed such pacifists and egalitarian readings as heresies. It interpreted Jesus’s words in a way that allowed the church to become the richest landowner in Europe, to launch violent crusades, and to establish murderous inquisitions. Catholic theology accepted that Jesus told us to love our enemies, but explained that burning heretics was an act of love, because it deterred additional people from adopting heretical views, thereby saving them from the flames of hell. The French inquisitor Jacques Fournier wrote in the early fourteenth century an entire treatise on the Sermon on the Mount that explained how the text provided justification for hunting heretics.60 Fournier’s view was not a fringe notion. He went on to become Pope Benedict XII (1334–42).

    Fournier’s task as inquisitor, and later as pope, was to ensure that the Catholic Church’s interpretation of the holy book would prevail. In this, Fournier and his fellow churchmen used not only violent coercion but also their control of book production. Prior to the advent of letterpress printing in Europe in the fifteenth century, making many copies of a book was a prohibitive enterprise for all but the most wealthy individuals and institutions. The Catholic Church used its power and wealth to disseminate copies of its favored texts while prohibiting the production and spread of what it considered erroneous ones.

    Of course, the church couldn’t prevent the occasional freethinker from formulating heretical ideas. But because it controlled key nodes in the medieval information network—such as copying workshops, archives, and libraries—it could prevent such a heretic from making and distributing a hundred copies of her book. To get an idea of the difficulties faced by a heretical author seeking to disseminate her views, consider that when Leofric was made bishop of Exeter in 1050, he found just five books in the cathedral’s library. He immediately established a copying workshop in the cathedral, but in the twenty-two years before he died in 1072, his copyists produced only sixty-six additional volumes.61 In the thirteenth century the library of Oxford University consisted of a few books kept in a chest under St. Mary’s Church. In 1424 the library of Cambridge University boasted a grand total of only 122 books.62 An Oxford University decree from 1409 stipulated that “all recent texts” studied at the university must be unanimously approved “by a panel of twelve theologians appointed by the archbishop.”63

    The church sought to lock society inside an echo chamber, allowing the spread only of those books that supported it, and people trusted the church because almost all the books supported it. Even illiterate laypersons who didn’t read books were still awed by recitations of these precious texts or expositions on their content. That’s how the belief in a supposedly infallible superhuman technology like the New Testament led to the rise of an extremely powerful but fallible human institution like the Catholic Church that crushed all opposing views as “erroneous” while allowing no one to question its own views.

    Catholic information experts such as Jacques Fournier spent their days reading Thomas Aquinas’s interpretation of Augustine’s interpretation of Saint Paul’s epistles and composing additional interpretations of their own. All those interrelated texts didn’t represent reality; they created a new information sphere even bigger and more powerful than that created by the Jewish rabbis. Medieval Europeans were cocooned inside that information sphere, their daily activities, thoughts, and emotions shaped by texts about texts about texts.

    PRINT, SCIENCE, AND WITCHES

    The attempt to bypass human fallibility by investing authority in an infallible text never succeeded. If anyone thought this was due to some unique flaw of the Jewish rabbis or the Catholic priests, the Protestant Reformation repeated the experiment again and again—always getting the same results. Luther, Calvin, and their successors argued that there was no need for any fallible human institution to interpose itself between ordinary people and the holy book. Christians should abandon all the parasitical bureaucracies that grew around the Bible and reconnect to the original word of God. But the word of God never interpreted itself, which is why not only Lutherans and Calvinists but numerous other Protestant sects eventually established their own church institutions and invested them with the authority to interpret the text and persecute heretics.64

    If infallible texts merely lead to the rise of fallible and oppressive churches, how then to deal with the problem of human error? The naive view of information posits that the problem can be solved by creating the opposite of a church—namely, a free market of information. The naive view expects that if all restrictions on the free flow of information are removed, error will inevitably be exposed and displaced by truth. As noted in the prologue, this is wishful thinking. Let’s delve a little deeper to understand why. As a test case, consider what happened during one of the most celebrated epochs in the history of information networks: the European print revolution. The introduction of the printing press to Europe in the mid-fifteenth century made it possible to mass-produce texts relatively quickly, cheaply, and secretly, even if the Catholic Church disapproved of them. It is estimated that in the forty-six years from 1454 to 1500 more than twelve million volumes were printed in Europe. By contrast, in the previous thousand years only about eleven million volumes were hand copied.65 By 1600, all kinds of fringe people—heretics, revolutionaries, proto-scientists—could disseminate their writings much more rapidly, widely, and easily than ever before.

    In the history of information networks, the print revolution of early modern Europe is usually hailed as a moment of triumph, breaking the stranglehold that the Catholic Church had maintained over the European information network. Allegedly, by allowing people to exchange information much more freely than before, it led to the scientific revolution. There is a grain of truth in this. Without print, it would certainly have been much harder for Copernicus, Galileo, and their colleagues to develop and spread their ideas.

    But print wasn’t the root cause of the scientific revolution. The only thing the printing press did was to faithfully reproduce texts. The machine had no ability to come up with any new ideas of its own. Those who connect print to science assume that the mere act of producing and spreading more information inevitably leads people to the truth. In fact, print allowed the rapid spread not only of scientific facts but also of religious fantasies, fake news, and conspiracy theories. Perhaps the most notorious example of the latter was the belief in a worldwide conspiracy of satanic witches, which led to the witch-hunt craze that engulfed early modern Europe.66

    Belief in magic and in witches has characterized human societies in all continents and eras, but different societies imagined witches and reacted to them in very different ways. Some societies believed that witches controlled spirits, talked with the dead, and predicted the future; others imagined that witches stole cattle and located hidden treasure. In one community witches were thought to cause disease, blight cornfields, and concoct love potions, while in another community they supposedly entered houses at night, performed household chores, and stole milk. In some locales witches were thought to be mostly female, while in others they were generally imagined to be male. Some cultures were terrified of witches and persecuted them violently, but others tolerated or even honored them. Finally, there were societies in every continent and era that gave witches little importance.67

    For most of the Middle Ages, most European societies belonged to the latter category and were not overly concerned about witches. The medieval Catholic Church didn’t see them as a major threat to humanity, and some churchmen actively discouraged witch-hunting. According to the influential tenth-century text Canon Episcopi—which defined medieval church doctrine on the matter—witchcraft was mostly illusion, and belief in the reality of witchcraft was an unchristian superstition.68 The European witch-hunt craze was a modern rather than a medieval phenomenon.

    In the 1420s and 1430s churchmen and scholars operating mainly in the Alps region took elements from Christian religion, local folklore, and Greco-Roman heritage and amalgamated them into a new theory of witchcraft.69 Previously, even when witches were dreaded, they were considered a strictly local problem—isolated criminals who, inspired by personal malevolence, used magical means to commit theft and murder. In contrast, the new scholarly model argued that witches were a far more formidable threat to society. There was allegedly a global conspiracy of witches, led by Satan, which constituted an institutionalized anti-Christian religion. Its purpose was nothing less than the complete destruction of the social order and of humankind. Witches were said to gather at night in huge demonic assemblies, where they worshipped Satan, killed children, ate human flesh, engaged in orgies, and cast spells that caused storms, epidemics, and other catastrophes.

    Inspired by such ideas, the first mass witch hunts and witch trials were led by local churchmen and noblemen in the Valais region of the western Alps between 1428 and 1436, leading to the execution of more than two hundred supposed male and female witches. From this Alpine heartland, rumors about the global witch conspiracy trickled to other parts of Europe, but the belief was still far from mainstream, the Catholic establishment did not embrace it, and other regions didn’t launch large-scale witch hunts like those in the Valais.

    In 1485, a Dominican friar and inquisitor called Heinrich Kramer embarked on a witch-hunting expedition in another Alpine region—the Austrian Tyrol. Kramer was a fervent convert to the new belief in a global satanic conspiracy.70 He also seems to have been mentally unhinged, and his accusations of satanic witchcraft were colored by rabid misogyny and odd sexual fixations. Local church authorities, led by the bishop of Brixen, were skeptical of Kramer’s accusations and alarmed by his activities. They stopped his inquisition, released the suspects he arrested, and expelled him from the area.71

    Kramer hit back through the printing press. Within two years of his banishment, he compiled and published the Malleus MaleficarumThe Hammer of the Witches. This was a do-it-yourself guidebook to exposing and killing witches in which Kramer described in detail the worldwide conspiracy and the means by which honest Christians could uncover and foil the witches. In particular, he recommended the use of horrific methods of torture in order to extract confessions from people suspected of witchcraft, and was adamant that the only punishment for the guilty was execution.

    Kramer organized and codified previous ideas and stories and added many details from his own fertile and hate-filled imagination. Relying on ancient Christian misogynist teachings like those of 1 Timothy, Kramer sexualized witchcraft. He argued that witches were typically female, because witchcraft originated in lust, which was supposedly stronger in women. He warned readers that sex could cause a pious woman to become a witch and her husband to become bewitched.72

    An entire chapter of the Hammer is dedicated to the ability of witches to steal men’s penises. Kramer discusses at length whether the witches are really able to take away the male member from its owner, or whether they are only able to create an illusion of castration in men’s minds. Kramer asks, “What is to be thought of those witches who in this way sometimes collect male organs in great numbers, as many as twenty or thirty members together, and put them in a bird’s nest, or shut them up in a box, where they move themselves like living members, and eat oats and corn, as has been seen by many?” He then relates a story he heard from one man: “When he had lost his member, he approached a known witch to ask her to restore it to him. She told the afflicted man to climb a certain tree, and that he might take which he liked out of the nest in which there were several members. And when he tried to take a big one, the witch said: You must not take that one; adding, because it belongs to a parish priest.”73 Numerous notions about witches that are still popular today—for instance, that witches are predominantly women, that witches engage in wild sexual activities, and that witches kill and mutilate children—were given their canonical form by Kramer’s book.

    Like the bishop of Brixen, other churchmen were initially skeptical of Kramer’s wild ideas, and there was some resistance to the book among church experts.74 But The Hammer of the Witches became one of the biggest best sellers of early modern Europe. It catered to people’s deepest fears, as well as to their lurid interest in hearing about orgies, cannibalism, child murders, and satanic conspiracies. The book had gone through eight editions by 1500, another five by 1520, and sixteen more by 1670, with many vernacular translations.75 It became the definitive work on witchcraft and witch-hunting and inspired a host of imitations and elaborations. As Kramer’s fame grew, his work was embraced by the church experts. Kramer was appointed papal representative and made inquisitor of Bohemia and Moravia in 1500. Even today his ideas continue to shape the world, and many current theories about a global satanic conspiracy—like QAnon—draw upon and perpetuate his fantasies.

    While it would be an exaggeration to argue that the invention of print caused the European witch-hunt craze, the printing press played a pivotal role in the rapid dissemination of the belief in a global satanic conspiracy. As Kramer’s ideas gained popularity, printing presses produced not only many additional copies of The Hammer of the Witches and copycat books but also a torrent of cheap one-page pamphlets, whose sensational texts were often accompanied by illustrations depicting people attacked by demons or witches burned at the stake.76 These publications also gave fantastic statistics about the size of the witches’ conspiracy. For example, the Burgundian judge and witch-hunter Henri Boguet (1550–1619) speculated that there were 300,000 witches in France alone and 1.8 million in all of Europe.77 Such claims fueled mass hysteria, which in the sixteenth and seventeenth centuries led to the torture and execution of between 40,000 and 50,000 innocent people who were accused of witchcraft.78 The victims included individuals from all walks of life and ages, including children as young as five.79

    People began denouncing one another for witchcraft on the flimsiest evidence, often to avenge personal slights or to gain economic and political advantage. Once an official investigation began, the accused were often doomed. The inquisitorial methods recommended by The Hammer of the Witches were truly diabolical. If the accused confessed to being a witch, they were executed and their property divided between the accuser, the executioner, and the inquisitors. If the accused refused to confess, this was taken as evidence of their demonic obstinacy, and they were then tortured in horrendous ways, their fingers broken, their flesh cut with hot pincers, their bodies stretched to the breaking point or submerged in boiling water. Sooner or later they could stand it no longer and confessed—and were duly executed.80

    To take one example, in 1600 authorities in Munich arrested on suspicion of witchcraft the Pappenheimer family—father Paulus, mother Anna, two grown sons, and a ten-year-old boy, Hansel. The inquisitors began by torturing little Hansel. The protocol of the interrogation, which can still be read in the Munich archives, has a note from one of the interrogators regarding the ten-year-old boy: “May be tortured to the limit so that he incriminates his mother.”81 After being tortured in unspeakable ways, the Pappenheimers confessed to numerous crimes including killing 265 people by sorcery and causing fourteen destructive storms. They were all condemned to death.

    The bodies of each of the four adult family members were torn with red-hot pincers, the men’s limbs were broken on the wheel, the father was impaled on a stake, the mother’s breasts were cut off, and all were then burned alive. The ten-year-old Hansel was forced to watch all this. Four months later, he too was executed.82 The witch-hunters were extremely thorough in their search for the devil and his accomplices. But if the witch-hunters really wanted to find diabolical evil, they just had to look in the mirror.

    THE SPANISH INQUISITION TO THE RESCUE

    Witch hunts seldom ended by killing just one person or one family. Since the underlying model postulated a global conspiracy, people accused of witchcraft were tortured to name accomplices. This was then used as evidence to imprison, torture, and execute others. If any officials, scholars, or churchmen voiced objections to these absurd methods, this could be seen as proof that they too must be witches—which led to their own arrest and torture.

    For example, in 1453—when belief in the satanic conspiracy was just beginning to take hold—a French doctor of theology called Guillaume Edelin bravely sought to quash it before it spread. He repeated the claims of the medieval Canon Episcopi that witchcraft was an illusion and that witches couldn’t really fly at night to meet Satan and make a pact with him. Edelin was then himself accused of being a witch and arrested. Under torture he confessed that he personally had flown on a broomstick and signed a pact with the devil and that it was Satan who commissioned him to preach that witchcraft was an illusion. His judges were lenient with him; he was spared execution and got life imprisonment instead.83

    The witch hunts illustrate the dark side of creating an information sphere. As with rabbinical discussions of the Talmud and scholastic discussions of Christian scriptures, the witch hunts were fueled by an expanding ocean of information that instead of representing reality created a new reality. Witches were not an objective reality. Nobody in early modern Europe had sex with Satan or was capable of flying on broomsticks and creating hailstorms. But witches became an intersubjective reality. Like money, witches were made real by exchanging information about witches.

    An entire witch-hunting bureaucracy dedicated itself to such exchanges. Theologians, lawyers, inquisitors, and the owners of printing presses made a living by collecting and producing information about witches, cataloging different species of witches, investigating how witches behaved, and recommending how they could be exposed and defeated. Professional witch-hunters offered their services to governments and municipalities, charging large sums of money. Archives were filled by detailed reports of witch-hunting expeditions, protocols of witch trials, and lengthy confessions extracted from the alleged witches.

    Expert witch-hunters used all that data to refine their theories further. Like scholars arguing about the correct interpretation of scripture, the witch-hunters debated the correct interpretation of The Hammer of the Witches and other influential books. The witch-hunting bureaucracy did what bureaucracy often does: it invented the intersubjective category of “witches” and imposed it on reality. It even printed forms, with standard accusations and confessions of witchcraft and blank spaces left for dates, names, and the signature of the accused. All that information produced a lot of order and power; it was a means for certain people to gain authority and for society as a whole to discipline its members. But it produced zero truth and zero wisdom.

    As the witch-hunting bureaucracy generated more and more information, it became harder to dismiss all that information as pure fantasy. Could it be that the entire silo of witch-hunting data did not contain a single grain of truth in it? What about all the books written by learned churchmen? What about all the protocols of trials conducted by esteemed judges? What about the tens of thousands of documented confessions?

    The new intersubjective reality was so convincing that even some people accused of witchcraft came to believe that they were indeed part of a worldwide satanic conspiracy. If everybody said so, it must be true. As discussed in chapter 2, humans are susceptible to adopting fake memories. At least some early modern Europeans dreamed or fantasized about summoning devils, having sex with Satan, and practicing witchcraft, and when accused of being witches, they confused their dreams and fantasies with reality.84

    Consequently, even as the witch hunts reached their ghastly crescendo in the early seventeenth century, and many people suspected that something was clearly wrong, it was difficult to reject the whole thing as pure fantasy. One of the worst witch-hunting episodes in early modern Europe occurred in the towns of Bamberg and Würzburg in southern Germany in the late 1620s. In Bamberg, a city of fewer than 12,000 at the time,85 up to 900 innocent people were executed from 1625 to 1631.86 In Würzburg another 1,200 people were tortured and killed, out of a population of around 11,500.87 In August 1629, the chancellor of the prince-bishop of Würzburg wrote a letter to a friend about the ongoing witch hunt, in which he confessed his doubts about the matter. The letter is worth quoting at length:

    As to the affair of the witches … it has started up afresh, and no words can do justice to it. Ah, the woe and the misery of it—there are still four hundred in the city, high and low, of every rank and sex, nay, even clerics, so strongly accused that they may be arrested at any hour.… The Prince-Bishop has over forty students who are soon to be pastors; among them thirteen or fourteen are said to be witches. A few days ago a Dean was arrested; two others who were summoned have fled. The notary of our Church consistory, a very learned man, was yesterday arrested and put to the torture. In a word, a third part of the city is surely involved. The richest, most attractive, most prominent, of the clergy are already executed. A week ago a maiden of nineteen was executed, of whom it is everywhere said that she was the fairest in the whole city, and was held by everybody a girl of singular modesty and purity. She will be followed by seven or eight others of the best and most attractive persons.… And thus many are put to death for renouncing God and being at the witch-dances, against whom nobody has ever else spoken a word.

    To conclude this wretched matter, there are children of three and four years, to the number of three hundred, who are said to have had intercourse with the Devil. I have seen put to death children of seven, promising students of ten, twelve, fourteen, and fifteen.… [B]ut I cannot and must not write more of this misery.

    The chancellor then added this interesting postscript to the letter:

    Though there are many wonderful and terrible things happening, it is beyond doubt that, at a place called the Fraw-Rengberg, the Devil in person, with eight thousand of his followers, held an assembly and celebrated mass before them all, administering to his audience (that is, the witches) turnip-rinds and parings in place of the Holy Eucharist. There took place not only foul but most horrible and hideous blasphemies, whereof I shudder to write.88

    Even after expressing his horror at the insanity of the witch hunt in Würzburg, the chancellor nevertheless expressed his firm belief in the satanic conspiracy of witches. He didn’t witness any witchcraft firsthand, but so much information about witches was circulating that it was difficult for him to doubt all of it. Witch hunts were a catastrophe caused by the spread of toxic information. They are a prime example of a problem that was created by information, and was made worse by more information.

    This was a conclusion reached not just by modern scholars but also by some perceptive observers at the time. Alonso de Salazar Frías, a Spanish inquisitor, made a thorough investigation of witch hunts and witch trials in the early seventeenth century. He concluded that “I have not found one single proof nor even the slightest indication from which to infer that one act of witchcraft has actually taken place,” and that “there were neither witches nor bewitched until they were talked and written about.”89 Salazar Frías well understood the meaning of intersubjective realities and correctly identified the entire witch-hunting industry as an intersubjective information sphere.

    The history of the early modern European witch craze demonstrates that releasing barriers to the flow of information doesn’t necessarily lead to the discovery and spread of truth. It can just as easily lead to the spread of lies and fantasies and to the creation of toxic information spheres. More specifically, a completely free market of ideas may incentivize the dissemination of outrage and sensationalism at the expense of truth. It is not difficult to understand why. Printers and booksellers made a lot more money from the lurid tales of The Hammer of the Witches than they did from the dull mathematics of Copernicus’s On the Revolutions of the Heavenly Spheres. The latter was one of the founding texts of the modern scientific tradition. It is credited with earth-shattering discoveries that displaced our planet from the center of the universe and thereby initiated the Copernican revolution. But when it was first published in 1543, its initial print run of four hundred failed to sell out, and it took until 1566 for a second edition to be published in a similar-sized print run. The third edition did not appear until 1617. As Arthur Koestler quipped, it was an all-time worst seller.90 What really got the scientific revolution going was neither the printing press nor a completely free market of information, but rather a novel approach to the problem of human fallibility.

    THE DISCOVERY OF IGNORANCE

    The history of print and witch-hunting indicates that an unregulated information market doesn’t necessarily lead people to identify and correct their errors, because it may well prioritize outrage over truth. For truth to win, it is necessary to establish curation institutions that have the power to tilt the balance in favor of the facts. However, as the history of the Catholic Church indicates, such institutions might use their curation power to quash any criticism of themselves, labeling all alternative views erroneous and preventing the institution’s own errors from being exposed and corrected. Is it possible to establish better curation institutions that use their power to further the pursuit of truth rather than to accumulate more power for themselves?

    Early modern Europe saw the foundation of exactly such curation institutions, and it was these institutions—rather than the printing press or specific books like On the Revolutions of the Heavenly Spheres—that constituted the bedrock of the scientific revolution. These key curation institutions were not the universities. Many of the most important leaders of the scientific revolution were not university professors. Nicolaus Copernicus, Robert Boyle, Tycho Brahe, and René Descartes, for example, held no academic positions. Nor did Spinoza, Leibniz, Locke, Berkeley, Voltaire, Diderot, or Rousseau.

    The curation institutions that played a central role in the scientific revolution connected scholars and researchers both in and out of universities, forging an information network that spanned the whole of Europe and eventually the world. For the scientific revolution to gather pace, scientists had to trust information published by colleagues in distant lands. This kind of trust in the work of people whom one had never met was evident in scientific associations like the Royal Society of London for Improving Natural Knowledge, founded in 1660, and the French Académie des Sciences (1666); scientific journals like the Philosophical Transactions of the Royal Society (1665) and the Histoire de l’Académie Royale des Sciences (1699); and scientific publishers like the architects of the Encyclopédie (1751–72). These institutions curated information on the basis of empirical evidence, bringing attention to the discoveries of Copernicus rather than to the fantasies of Kramer. When a paper was submitted to the Philosophical Transactions of the Royal Society, the lead question the editors asked was not, “How many people would pay to read this?” but, “What proof is there that it is true?”

    At first, these new institutions seemed as flimsy as cobwebs, lacking the power necessary to reshape human society. Unlike the witch-hunting experts, the editors of the Philosophical Transactions of the Royal Society could not torture and execute anyone. And unlike the Catholic Church, the Académie des Sciences did not command huge territories and budgets. But scientific institutions did accrue influence thanks to a very original claim to trust. A church typically told people to trust it because it possessed the absolute truth, in the form of an infallible holy book. A scientific institution, in contrast, gained authority because it had strong self-correcting mechanisms that exposed and rectified the errors of the institution itself. It was these self-correcting mechanisms, not the technology of printing, that were the engine of the scientific revolution.

    In other words, the scientific revolution was launched by the discovery of ignorance.91 Religions of the book assumed that they had access to an infallible source of knowledge. The Christians had the Bible, the Muslims had the Quran, the Hindus had the Vedas, and the Buddhists had the Tipitaka. Scientific culture has no comparable holy book, nor does it claim that any of its heroes are infallible prophets, saints, or geniuses. The scientific project starts by rejecting the fantasy of infallibility and proceeding to construct an information network that takes error to be inescapable. Sure, there is much talk about the genius of Copernicus, Darwin, and Einstein, but none of them is considered faultless. They all made mistakes, and even the most celebrated scientific tracts are sure to contain errors and lacunae.

    Since even geniuses suffer from confirmation bias, you cannot trust them to correct their own errors. Science is a team effort, relying on institutional collaboration rather than on individual scientists or, say, a single infallible book. Of course, institutions too are prone to error. Scientific institutions are nevertheless different from religious institutions, inasmuch as they reward skepticism and innovation rather than conformity. Scientific institutions are also different from conspiracy theories, inasmuch as they reward self-skepticism. Conspiracy theorists tend to be extremely skeptical regarding the existing consensus, but when it comes to their own beliefs, they lose all their skepticism and fall prey to confirmation bias.92 The trademark of science is not merely skepticism but self-skepticism, and at the heart of every scientific institution we find a strong self-correcting mechanism. Scientific institutions do reach a broad consensus about the accuracy of certain theories—such as quantum mechanics or the theory of evolution—but only because these theories have managed to survive intense efforts to disprove them, launched not only by outsiders but by members of the institution itself.

    SELF-CORRECTING MECHANISMS

    As an information technology, the self-correcting mechanism is the polar opposite of the holy book. The holy book is supposed to be infallible. The self-correcting mechanism embraces fallibility. By self-correcting, I refer to mechanisms that an entity uses to correct itself. A teacher correcting a student’s essay is not a self-correcting mechanism; the student isn’t correcting their own essay. A judge sending a criminal to prison is not a self-correcting mechanism; the criminal isn’t exposing their own crime. When the Allies defeated and dismantled the Nazi regime, this was not a self-correcting mechanism; left to its own devices, Germany would not have denazified itself. But when a scientific journal publishes a paper correcting a mistake that appeared in a previous paper, that’s an example of an institution self-correcting its own errors.

    Self-correcting mechanisms are ubiquitous in nature. Children learn how to walk thanks to them. You make a wrong move, you fall, you learn from your mistake, you try doing it a little differently. Sure, sometimes parents and teachers give the child a hand or offer advice, but a child who relies entirely on such external corrections or keeps excusing mistakes instead of learning from them will find it very difficult to walk. Indeed, even as adults, every time we walk, our body engages in an intricate process of self-correction. As our body navigates through space, internal feedback loops between brain, limbs, and sensory organs keep our legs and hands in their proper place and our balance just right.93

    Many other bodily processes require constant self-correction. Our blood pressure, temperature, sugar levels, and numerous other parameters must be given some leeway to change in accordance with varying circumstances, but they should never go above or below certain critical thresholds. Our blood pressure needs to increase when we run, to decrease when we sleep, but must always keep within certain bounds.94 Our body manages this delicate biochemical dance through a host of homeostatic self-correcting mechanisms. If our blood pressure goes too high, the self-correcting mechanisms lower it. If our blood pressure is dangerously low, the self-correcting mechanisms raise it. If the self-correcting mechanisms go out of order, we could die.95

    Institutions, too, die without self-correcting mechanisms. These mechanisms start with the realization that humans are fallible and corruptible. But instead of despairing of humans and looking for a way to bypass them, the institution actively seeks its own errors and corrects them. All institutions that manage to endure beyond a handful of years possess such mechanisms, but institutions differ greatly in the strength and visibility of their self-correcting mechanisms.

    For example, the Catholic Church is an institution with relatively weak self-correcting mechanisms. Since it claims infallibility, it cannot admit institutional mistakes. It is occasionally willing to acknowledge that some of its members have erred or sinned, but the institution itself allegedly remains perfect. For example, in the Second Vatican Council in 1964, the Catholic Church acknowledged that “Christ summons the Church to continual reformation as she sojourns here on earth. The Church is always in need of this, insofar as she is an institution of men here on earth. Thus if, in various times and circumstances, there have been deficiencies in moral conduct or in church discipline, or even in the way that church teaching has been formulated—to be carefully distinguished from the deposit of faith itself—these can and should be set right at the opportune moment.”96

    This admission sounds promising, but the devil is in the details, specifically in the refusal to countenance the possibility of any deficiency in “the deposit of faith.” In Catholic dogma “the deposit of faith” refers to the body of revealed truth that the church has received from scriptures and from its sacred tradition of interpreting scripture. The Catholic Church acknowledges that priests are fallible humans who can sin and can also make mistakes in the way they formulate church teachings. However, the holy book itself can never err. What does this imply about the entire church as an institution that combines fallible humans with an infallible text?

    According to Catholic dogma, biblical infallibility and divine guidance trump human corruption, so even though individual members of the church may err and sin, the Catholic Church as an institution is never wrong. Allegedly, never in history did God allow the majority of church leaders to make a serious mistake in their interpretation of the holy book. This principle is common to many religions. Jewish Orthodoxy accepted the possibility that the rabbis who composed the Mishnah and Talmud might have erred in personal matters, but when they came to decree religious doctrine, God ensured that they would make no mistake.97 In Islam there is an analogous principle known as Ijma. According to one important Hadith, Muhammad said that “Allah will ensure my community will never agree on error.”98

    In Catholicism, alleged institutional perfection is enshrined most clearly in the doctrine of papal infallibility, which says that while in personal matters popes may err, in their institutional role they are infallible.99 For example, Pope Alexander VI erred in breaking his vow of celibacy, having a mistress and siring several children, yet when defining official church teachings on matters of ethics or theology, he was incapable of mistake.

    In line with these views, the Catholic Church has always employed a self-correcting mechanism to supervise its human members in their personal affairs, but it never developed a mechanism for amending the Bible or for amending its “deposit of faith.” This attitude is manifest in the few formal apologies the Catholic Church issued for its past conduct. In recent decades, several popes apologized for the mistreatment of Jews, women, non-Catholic Christians, and indigenous cultures, as well as for more specific events such as the sacking of Constantinople in 1204 and the abuse of children in Catholic schools. It is commendable that the Catholic Church made such apologies at all; religious institutions rarely do so. Nevertheless, in all these cases, the popes were careful to shift responsibility away from scriptures and from the church as an institution. Instead, the blame was laid on the shoulders of individual churchmen who misinterpreted scriptures and deviated from the true teachings of the church.

    For example, in March 2000, Pope John Paul II conducted a special ceremony in which he asked forgiveness for a long list of historical crimes against Jews, heretics, women, and indigenous people. He apologized “for the use of violence that some have committed in the service of truth.” This terminology implied that the violence was the fault of “some” misguided individuals who didn’t understand the truth taught by the church. The pope didn’t accept the possibility that perhaps these individuals understood exactly what the church was teaching and that these teachings just were not the truth.100

    Similarly, when Pope Francis apologized in 2022 for the abuses against indigenous people in Canada’s church-run residential schools, he said, “I ask for forgiveness, in particular, for the ways in which many members of the church … cooperated … in projects of cultural destruction and forced assimilation.”101 Note his careful shifting of responsibility. The fault lay with “many members of the church,” not with the church and its teachings. As if it were never official church doctrine to destroy indigenous cultures and forcefully convert people.

    In fact, it wasn’t a few wayward priests who launched the Crusades, imposed laws that discriminated against Jews and women, or orchestrated the systematic annihilation of indigenous religions throughout the world.102 The writings of many revered church fathers, and the official decrees of many popes and church councils, are full of passages disparaging “pagan” and “heretical” religions, calling for their destruction, discriminating against their members, and legitimizing the use of violence to convert people to Christianity.103 For example, in 1452 Pope Nicholas V issued the Dum Diversas bull, addressed to King Afonso V of Portugal and other Catholic monarchs. The bull said, “We grant you by these present documents, with our Apostolic Authority, full and free permission to invade, search out, capture, and subjugate the Saracens and pagans and any other unbelievers and enemies of Christ wherever they may be, as well as their kingdoms, duchies, counties, principalities, and other property … and to reduce their persons into perpetual servitude.”104 This official proclamation, repeated numerous times by subsequent popes, laid the theological basis for European imperialism and the destruction of native cultures across the world. Of course, though the church doesn’t acknowledge it officially, over time it has changed its institutional structures, its core teachings, and its interpretation of scripture. The Catholic Church of today is far less antisemitic and misogynist than it was in medieval and early modern times. Pope Francis is far more tolerant of indigenous cultures than Pope Nicholas V. There is an institutional self-correcting mechanism at work here, which reacts both to external pressures and to internal soul-searching. But what characterizes self-correcting in institutions like the Catholic Church is that even when it happens, it is denied rather than celebrated. The first rule of changing church teachings is that you never admit changing church teachings.

    You would never hear a pope announcing to the world, “Our experts have just discovered a really big error in the Bible. We’ll soon issue an updated edition.” Instead, when asked about the church’s more generous attitude to Jews or women, popes imply that this was always what the church really taught, even if some individual churchmen previously failed to understand the message correctly. Denying the existence of self-correction doesn’t entirely stop it from happening, but it does weaken and slow it. Because the correction of past mistakes is not acknowledged, let alone celebrated, when the faithful encounter another serious problem in the institution and its teachings, they are paralyzed by fear of changing something that is supposedly eternal and infallible. They cannot benefit from the example of previous changes.

    For instance, when Catholics like Pope Francis himself are now reconsidering the church’s teachings on homosexuality,105 they find it difficult to simply acknowledge past mistakes and change the teachings. If eventually a future pope would issue an apology for the mistreatment of LGBTQ people, the way to do it would be to again shift the blame to the shoulders of some overzealous individuals who misunderstood the gospel. To maintain its religious authority the Catholic Church has had no choice but to deny the existence of institutional self-correction. For the church fell into the infallibility trap. Once it based its religious authority on a claim to infallibility, any public admission of institutional error—even on relatively minor issues—could completely destroy its authority.

    THE DSM AND THE BIBLE

    In contrast to the Catholic Church, the scientific institutions that emerged in early modern Europe have been built around strong self-correcting mechanisms. Scientific institutions maintain that even if most scientists in a particular period believe something to be true, it may yet turn out to be inaccurate or incomplete. In the nineteenth century most physicists accepted Newtonian physics as a comprehensive account of the universe, but in the twentieth century the theory of relativity and quantum mechanics exposed the inaccuracies and limitations of Newton’s model.106 The most celebrated moments in the history of science are precisely those moments when accepted wisdom is overturned and new theories are born.

    Crucially, scientific institutions are willing to admit their institutional responsibility for major mistakes and crimes. For example, present-day universities routinely give courses, and professional journals routinely publish articles, that expose the institutional racism and sexism that characterized the scientific study of subjects like biology, anthropology, and history in the nineteenth and much of the twentieth centuries. Research on individual test cases such as the Tuskegee Syphilis Study, and on governmental policies ranging from the White Australia policy to the Holocaust, have repeatedly and extensively studied how flawed biological, anthropological, and historical theories developed in leading scientific institutions were used to justify and facilitate discrimination, imperialism, and even genocide. These crimes and errors are not blamed on a few misguided scholars. They are seen as an institutional failure of entire academic disciplines.107

    The willingness to admit major institutional errors contributes to the relatively fast pace at which science is developing. When the available evidence justifies it, dominant theories are often discarded within a few generations, to be replaced by new theories. What students of biology, anthropology, and history learn at university in the early twenty-first century is very different from what they learned there a century previously.

    Psychiatry offers numerous similar examples for strong self-correcting mechanisms. On the shelf of most psychiatrists you can find the DSM—the Diagnostic and Statistical Manual of Mental Disorders. It is occasionally nicknamed the psychiatrists’ bible. But there is a crucial difference between the DSM and the Bible. First published in 1952, the DSM is revised every decade or two, with the fifth edition appearing in 2013. Over the years, the definition of many disorders has changed, new ones have been added, while others have been deleted. Homosexuality, for example, was listed in 1952 as a sociopathic personality disturbance, but removed from the DSM in 1974. It took just twenty-two years to correct this error in the DSM. That’s not a holy book. That’s a scientific text.

    Today the discipline of psychiatry doesn’t try to reinterpret the 1952 definition of homosexuality in a more benign spirit. Rather, it views the 1952 definition as a downright error. More important, the error is not attributed to the shortcomings of a few homophobic professors. Rather, it is acknowledged to be the result of deep institutional biases in the discipline of psychiatry.108 Confessing the past institutional errors of their discipline makes psychiatrists today more careful not to commit new such errors, as evidenced in the heated debate regarding transgender people and people on the autistic spectrum. Of course, no matter how careful they are, psychiatrists are still likely to make institutional mistakes. But they are also likely to acknowledge and correct them.109

    PUBLISH OR PERISH

    What makes scientific self-correcting mechanisms particularly strong is that scientific institutions are not just willing to admit institutional error and ignorance; they are actively seeking to expose them. This is evident in the institutions’ incentive structure. In religious institutions, members are incentivized to conform to existing doctrine and be suspicious of novelty. You become a rabbi, imam, or priest by professing doctrinal loyalty, and you can advance up the ranks to become pope, chief rabbi, or grand ayatollah without criticizing your predecessors or advancing any radical new notions. Indeed, many of the most powerful and admired religious leaders of recent times—such as Pope Benedict XVI, Chief Rabbi of Israel David Lau, and Ayatollah Khamenei of Iran—have won fame and supporters by strict resistance to new ideas and trends like feminism.110

    In science it works the other way around. Hiring and promotions in scientific institutions are based on the principle of “publish or perish,” and to publish in prestigious journals, you must expose some mistake in existing theories or discover something your predecessors and teachers didn’t know. Nobody wins a Nobel Prize for faithfully repeating what previous scholars said and opposing every new scientific theory.

    Of course, just as religion has room for self-correcting, so science has ample room for conformism, too. Science is an institutional enterprise, and scientists rely on the institution for almost everything they know. For example, how do I know what medieval and early modern Europeans thought about witchcraft? I have not visited all the relevant archives myself, nor have I read all the relevant primary sources. In fact, I am incapable of reading many of these sources directly, because I do not know all the necessary languages, nor am I skilled in deciphering medieval and early modern handwriting. Instead, I have relied on books and articles published by other scholars, such as Ronald Hutton’s book The Witch: A History of Fear, which was published by Yale University Press in 2017.

    I haven’t met Ronald Hutton, who is a professor of history at the University of Bristol, nor do I personally know the Bristol officials who hired him or the Yale editorial team who published his book. I nevertheless trust what I read in Hutton’s book, because I understand how institutions like the University of Bristol and Yale University Press operate. Their self-correcting mechanisms have two crucial features: First, the self-correcting mechanisms are built into the core of the institutions rather than being a peripheral add-on. Second, these institutions publicly celebrate self-correcting instead of denying it. It is of course possible that some of the information I gained from Hutton’s book may be incorrect, or I myself may misinterpret it. But experts on the history of witchcraft who have read Hutton’s book and who might be reading the present book will hopefully spot any such errors and expose them.

    Populist critics of scientific institutions may counter that, in fact, these institutions use their power to stifle unorthodox views and launch their own witch hunts against dissenters. It is certainly true that if a scholar opposes the current orthodox view of their discipline, it might sometimes have negative consequences: articles rejected, research grants denied, nasty ad hominem attacks, and in rare cases even getting fired from their job.111 I do not wish to belittle the suffering such things cause, but it is still a far cry from being physically tortured and burned at the stake.

    Consider, for example, the story of the chemist Dan Shechtman. In April 1982, while observing through an electron microscope, Shechtman saw something that all contemporary theories in chemistry claimed simply could not exist: the atoms in a mixed sample of aluminum and manganese were crystallized in a pattern with a five-fold rotational symmetry. At the time, scientists knew of various possible symmetrical structures in solid crystals, but five-fold symmetry was considered against the very laws of nature. Shechtman’s discovery of what came to be called quasicrystals sounded so outlandish that it was difficult to find a peer-reviewed journal willing to publish it. It didn’t help that Shechtman was at the time a junior scientist. He didn’t even have his own laboratory; he was working in someone’s else facility. But the editors of the journal Physical Review Letters, after reviewing the evidence, eventually published Shechtman’s article in 1984.112 And then, as he describes it, “all hell broke loose.”

    Shechtman’s claims were dismissed by most of his colleagues, and he was blamed for mismanaging his experiments. The head of his laboratory also turned on Shechtman. In a dramatic gesture, he placed a chemistry textbook on Shechtman’s desk and told him, “Danny, please read this book and you will understand that what you are saying cannot be.” Shechtman boldly replied that he saw the quasicrystals in the microscope—not in the book. As a result, he was kicked out of the lab. Worse was to come. Linus Pauling, a two-time Nobel laureate and one of the most eminent scientists of the twentieth century, led a brutal personal attack on Shechtman. In a conference attended by hundreds of scientists, Pauling proclaimed, “Danny Shechtman is talking nonsense, there are no quasicrystals, just quasi-scientists.”

    But Shechtman was not imprisoned or killed. He got a place in another lab. The evidence he presented turned out to be more convincing than the existing chemistry textbooks and the views of Linus Pauling. Several colleagues repeated Shechtman’s experiments and replicated his findings. A mere ten years after Shechtman saw the quasicrystals through his microscope, the International Union of Crystallography—the leading scientific association in the field—altered its definition of what a crystal is. Chemistry textbooks were changed accordingly, and an entire new scientific field emerged—the study of quasicrystals. In 2011, Shechtman was awarded the Nobel Prize in Chemistry for his discovery.113 The Nobel Committee said that “his discovery was extremely controversial [but] eventually forced scientists to reconsider their conception of the very nature of matter.”114

    Shechtman’s story is hardly exceptional. The annals of science are full of similar cases. Before the theory of relativity and quantum mechanics became the cornerstones of twentieth-century physics, they initially provoked bitter controversies, including personal assaults by the old guard on the proponents of the new theories. Similarly, when Georg Cantor developed in the late nineteenth century his theory of infinite numbers, which became the basis for much of twentieth-century mathematics, he was personally attacked by some of the leading mathematicians of his day like Henri Poincaré and Leopold Kronecker. Populists are right to think that scientists suffer from the same human biases as everyone else. However, thanks to institutional self-correcting mechanisms these biases can be overcome. If enough empirical evidence is provided, it often takes just a few decades for an unorthodox theory to upend established wisdom and become the new consensus.

    As we shall see in the next chapter, there were times and places where scientific self-correcting mechanisms ceased functioning and academic dissent could lead to physical torture, imprisonment, and death. In the Soviet Union, for example, questioning official dogma on any matter—economics, genetics, or history—could lead not only to dismissal but even to a couple of years in the gulag or an executioner’s bullet.115 A famous case involved the bogus theories of the agronomist Trofim Lysenko. He rejected mainstream genetics and the theory of evolution by natural selection and advanced his own pet theory, which said that “re-education” could change the traits of plants and animals, and even transform one species into another. Lysenkoism greatly appealed to Stalin, who had ideological and political reasons for believing in the almost limitless potential of “re-education.” Thousands of scientists who opposed Lysenko and continued to uphold the theory of evolution by natural selection were dismissed from their jobs, and some were imprisoned or executed. Nikolai Vavilov, a botanist and geneticist who was Lysenko’s former mentor turned critic, was tried in July 1941 along with the botanist Leonid Govorov, the geneticist Georgii Karpechenko, and the agronomist Aleksandr Bondarenko. The latter three were shot, while Vavilov died in a camp in Saratov in 1943.116 Under pressure from the dictator, the Lenin All-Union Academy of Agricultural Sciences eventually announced in August 1948 that henceforth Soviet institutions would teach Lysenkoism as the only correct theory.117

    But for precisely this reason, the Lenin All-Union Academy of Agricultural Sciences ceased being a scientific institution, and Soviet dogma on genetics was an ideology rather than a science. An institution can call itself by whatever name it wants, but if it lacks a strong self-correcting mechanism, it is not a scientific institution.

    THE LIMITS OF SELF-CORRECTION

    Does all this mean that in self-correcting mechanisms we have found the magic bullet that protects human information networks from error and bias? Unfortunately, things are far more complicated. There is a reason why institutions like the Catholic Church and the Soviet Communist Party eschewed strong self-correcting mechanisms. While such mechanisms are vital for the pursuit of truth, they are costly in terms of maintaining order. Strong self-correcting mechanisms tend to create doubts, disagreements, conflicts, and rifts and to undermine the myths that hold the social order together.

    Of course, order by itself isn’t necessarily good. For example, the social order of early modern Europe endorsed, among other things, not only witch hunts but also the exploitation of millions of peasants by a handful of aristocrats, the systematic mistreatment of women, and widespread discrimination against Jews, Muslims, and other minorities. But even when the social order is highly oppressive, undermining it doesn’t necessarily lead to a better place. It could just lead to chaos and worse oppression. The history of information networks has always involved maintaining a balance between truth and order. Just as sacrificing truth for the sake of order comes with a cost, so does sacrificing order for truth.

    Scientific institutions have been able to afford their strong self-correcting mechanisms because they leave the difficult job of preserving the social order to other institutions. If a thief breaks into a chemistry lab, or a psychiatrist receives death threats, they don’t complain to a peer-reviewed journal; they call the police. Is it possible, then, to maintain strong self-correcting mechanisms in institutions other than academic disciplines? In particular, can such mechanisms exist in institutions like police forces, armies, political parties, and governments that are charged with maintaining the social order?

    We’ll explore this question in the next chapter, which focuses on the political aspects of information flows and examines the long-term history of democracies and dictatorships. As we shall see, democracies believe that it is possible to maintain strong self-correcting mechanisms even in politics. Dictatorships disavow such mechanisms. Thus, at the height of the Cold War, newspapers and universities in the democratic United States openly exposed and criticized American war crimes in Vietnam. Newspapers and universities in the totalitarian Soviet Union were also happy to criticize American crimes, but they remained silent about Soviet crimes in Afghanistan and elsewhere. Soviet silence was scientifically unjustifiable, but it made political sense. American self-flagellation about the Vietnam War continues even today to divide the American public and to undermine America’s reputation throughout the world, whereas Soviet and Russian silence about the Afghanistan War has helped dim its memory and limit its reputational costs.

    Only after understanding the politics of information in historical systems like ancient Athens, the Roman Empire, the United States, and the Soviet Union will we be ready to explore the revolutionary implications of the rise of AI. For one of the biggest questions about AI is whether it will favor or undermine democratic self-correcting mechanisms.

    CHAPTER 5 Decisions: A Brief History of Democracy and Totalitarianism

    Democracy and dictatorship are typically discussed as contrasting political and ethical systems. This chapter seeks to shift the terms of the discussion, by surveying the history of democracy and dictatorship as contrasting types of information networks. It examines how information in democracies flows differently than in dictatorial systems and how inventing new information technologies helps different kinds of regimes flourish.

    Dictatorial information networks are highly centralized.1 This means two things. First, the center enjoys unlimited authority, hence information tends to flow to the central hub, where the most important decisions are made. In the Roman Empire all roads led to Rome, in Nazi Germany information flowed to Berlin, and in the Soviet Union it streamed to Moscow. Sometimes the central government attempts to concentrate all information in its hands and to dictate all decisions by itself, controlling the totality of people’s lives. This totalizing form of dictatorship, practiced by the likes of Hitler and Stalin, is known as totalitarianism. As we shall see, technical difficulties often prevent dictators from becoming totalitarian. The Roman emperor Nero, for example, didn’t have the technology necessary to micromanage the lives of millions of peasants in remote provincial villages. In many dictatorial regimes considerable autonomy is therefore left to individuals, corporations, and communities. However, the dictators always retain the authority to intervene in people’s lives. In Nero’s Rome freedom was not an ideal but a by-product of the government’s inability to exert totalitarian control.

    The second characteristic of dictatorial networks is that they assume the center is infallible. They therefore dislike any challenge to the center’s decisions. Soviet propaganda depicted Stalin as an infallible genius, and Roman propaganda treated emperors as divine beings. Even when Stalin or Nero made a patently disastrous decision, there were no robust self-correcting mechanisms in the Soviet Union or the Roman Empire that could expose the mistake and push for a better course of action.

    In theory, a highly centralized information network could try to maintain strong self-correcting mechanisms, like independent courts and elected legislative bodies. But if they functioned well, these would challenge the central authority and thereby decentralize the information network. Dictators always see such independent power hubs as threats and seek to neutralize them. This is what happened to the Roman Senate, whose power was whittled away by successive Caesars until it became little more than a rubber stamp for imperial whims.2 The same fate befell the Soviet judicial system, which never dared resist the will of the Communist Party. Stalinist show trials, as their name indicates, were theater with preordained results.3

    To summarize, a dictatorship is a centralized information network, lacking strong self-correcting mechanisms. A democracy, in contrast, is a distributed information network, possessing strong self-correcting mechanisms. When we look at a democratic information network, we do see a central hub. The government is the most important executive power in a democracy, and government agencies therefore gather and store vast quantities of information. But there are many additional information channels that connect lots of independent nodes. Legislative bodies, political parties, courts, the press, corporations, local communities, NGOs, and individual citizens communicate freely and directly with one another so that most information never passes through any government agency and many important decisions are made elsewhere. Individuals choose for themselves where to live, where to work, and whom to marry. Corporations make their own choices about where to open a branch, how much to invest in certain projects, and how much to charge for goods and services. Communities decide for themselves about organizing charities, sporting events, and religious festivals. Autonomy is not a consequence of the government’s ineffectiveness; it is the democratic ideal.

    Even if it possesses the technology necessary to micromanage people’s lives, a democratic government leaves as much room as possible for people to make their own choices. A common misconception is that in a democracy everything is decided by majority vote. In fact, in a democracy as little as possible is decided centrally, and only the relatively few decisions that must be made centrally should reflect the will of the majority. In a democracy, if 99 percent of people want to dress in a particular way and worship a particular god, the remaining 1 percent should still be free to dress and worship differently.

    Of course, if the central government doesn’t intervene at all in people’s lives, and doesn’t provide them with basic services like security, it isn’t a democracy; it is anarchy. In all democracies the center raises taxes and maintains an army, and in most modern democracies it also provides at least some level of health care, education, and welfare. But any intervention in people’s lives demands an explanation. In the absence of a compelling reason, a democratic government should leave people to their own devices.

    Another crucial characteristic of democracies is that they assume everyone is fallible. Therefore, while democracies give the center the authority to make some vital decisions, they also maintain strong mechanisms that can challenge the central authority. To paraphrase President James Madison, since humans are fallible, a government is necessary, but since government too is fallible, it needs mechanisms to expose and correct its errors, such as holding regular elections, protecting the freedom of the press, and separating the executive, legislative, and judicial branches of government.

    Consequently, while a dictatorship is about one central information hub dictating everything, a democracy is an ongoing conversation between diverse information nodes. The nodes often influence each other, but in most matters they are not obliged to reach a consensus. Individuals, corporations, and communities can continue to think and behave in different ways. There are, of course, cases when everyone must behave the same, and diversity cannot be tolerated. For example, when in 2002–3 Americans disagreed about whether to invade Iraq, everyone ultimately had to abide by a single decision. It was unacceptable that some Americans would maintain a private peace with Saddam Hussein while others declared war. Whether good or bad, the decision to invade Iraq committed every American citizen. So also when initiating national infrastructure projects or defining criminal offenses. No country can function well if every person is allowed to lay a separate rail network or to have their own definition of murder.

    In order to make decisions on such collective matters, a countrywide public conversation must first be held, following which the people’s representatives—elected in free and fair elections—make a choice. But even after that choice has been made, it should remain open to reexamination and correction. While the network cannot change its previous choices, it can elect a different government next time.

    MAJORITY DICTATORSHIP

    The definition of democracy as a distributed information network with strong self-correcting mechanisms stands in sharp contrast to a common misconception that equates democracy only with elections. Elections are a central part of the democratic tool kit, but they are not democracy. In the absence of additional self-correcting mechanisms, elections can easily be rigged. Even if the elections are completely free and fair, by itself this too doesn’t guarantee democracy. For democracy is not the same thing as majority dictatorship.

    Suppose that in a free and fair election 51 percent of voters choose a government that subsequently sends 1 percent of voters to be exterminated in death camps, because they belong to some hated religious minority. Is this democratic? Clearly it is not. The problem isn’t that genocide demands a special majority of more than 51 percent. It’s not that if the government gets the backing of 60 percent, 75 percent, or even 99 percent of voters, then its death camps finally become democratic. A democracy is not a system in which a majority of any size can decide to exterminate unpopular minorities; it is a system in which there are clear limits on the power of the center.

    Suppose 51 percent of voters choose a government that then takes away the voting rights of the other 49 percent of voters, or perhaps of just 1 percent of them. Is that democratic? Again the answer is no, and it has nothing to do with the numbers. Disenfranchising political rivals dismantles one of the vital self-correcting mechanisms of democratic networks. Elections are a mechanism for the network to say, “We made a mistake; let’s try something else.” But if the center can disenfranchise people at will, that self-correcting mechanism is neutered.

    These two examples may sound outlandish, but they are unfortunately within the realm of the possible. Hitler began sending Jews and communists to concentration camps within months of rising to power through democratic elections, and in the United States numerous democratically elected governments have disenfranchised African Americans, Native Americans, and other oppressed populations. Of course, most assaults on democracy are more subtle. The careers of strongmen like Vladimir Putin, Viktor Orbán, Recep Tayyip Erdoğan, Rodrigo Duterte, Jair Bolsonaro, and Benjamin Netanyahu demonstrate how a leader who uses democracy to rise to power can then use his power to undermine democracy. As Erdoğan once put it, “Democracy is like a tram. You ride it until you arrive at your destination, then you step off.”4

    The most common method strongmen use to undermine democracy is to attack its self-correcting mechanisms one by one, often beginning with the courts and the media. The typical strongman either deprives courts of their powers or packs them with his loyalists and seeks to close all independent media outlets while building his own omnipresent propaganda machine.5

    Once the courts are no longer able to check the government’s power by legal means, and once the media obediently parrots the government line, all other institutions or persons who dare oppose the government can be smeared and persecuted as traitors, criminals, or foreign agents. Academic institutions, municipalities, NGOs, and private businesses are either dismantled or brought under government control. At that stage, the government can also rig the elections at will, for example by jailing popular opposition leaders, preventing opposition parties from participating in the elections, gerrymandering election districts, or disenfranchising voters. Appeals against these antidemocratic measures are dismissed by the government’s handpicked judges. Journalists and academics who criticize these measures are fired. The remaining media outlets, academic institutions, and judicial authorities all praise these measures as necessary steps to protect the nation and its allegedly democratic system from traitors and foreign agents. The strongmen don’t usually take the final step of abolishing the elections outright. Instead, they keep them as a ritual that serves to provide legitimacy and maintain a democratic facade, as happens, for example, in Putin’s Russia.

    Supporters of strongmen often don’t see this process as antidemocratic. They are genuinely baffled when told that electoral victory doesn’t grant them unlimited power. Instead, they see any check on the power of an elected government as undemocratic. However, democracy doesn’t mean majority rule; rather, it means freedom and equality for all. Democracy is a system that guarantees everyone certain liberties, which even the majority cannot take away.

    Nobody disputes that in a democracy the representatives of the majority are entitled to form the government and to advance their preferred policies in myriad fields. If the majority wants war, the country goes to war. If the majority wants peace, the country makes peace. If the majority wants to raise taxes, taxes are raised. If the majority wants to lower taxes, taxes are lowered. Major decisions about foreign affairs, defense, education, taxation, and numerous other policies are all in the hands of the majority.

    But in a democracy, there are two baskets of rights that are protected from the majority’s grasp. One contains human rights. Even if 99 percent of the population wants to exterminate the remaining 1 percent, in a democracy this is forbidden, because it violates the most basic human right—the right to life. The basket of human rights contains many additional rights, such as the right to work, the right to privacy, freedom of movement, and freedom of religion. These rights enshrine the decentralized nature of democracy, making sure that as long as people don’t harm anyone, they can live their lives as they see fit.

    The second crucial basket of rights contains civil rights. These are the basic rules of the democratic game, which enshrine its self-correcting mechanisms. An obvious example is the right to vote. If the majority were permitted to disenfranchise the minority, then democracy would be over after a single election. Other civil rights include freedom of the press, academic freedom, and freedom of assembly, which enable independent media outlets, universities, and opposition movements to challenge the government. These are the key rights that strongmen seek to violate. While sometimes it is necessary to make changes to a country’s self-correcting mechanisms—for example, by expanding the franchise, regulating the media, or reforming the judicial system—such changes should be made only on the basis of a broad consensus including both majority and minority groups. If a small majority could unilaterally change civil rights, it could easily rig elections and get rid of all other checks on its power.

    An important thing to note about both human rights and civil rights is that they don’t just limit the power of the central government; they also impose on it many active duties. It is not enough for a democratic government to abstain from infringing on human and civil rights. It must take actions to ensure them. For example, the right to life imposes on a democratic government the duty to protect citizens from criminal violence. If a government doesn’t kill anyone, but also makes no effort to protect citizens from murder, this is anarchy rather than democracy.

    THE PEOPLE VERSUS THE TRUTH

    Of course, in every democracy, there are lengthy discussions concerning the exact limits of human and civil rights. Even the right to life has limits. There are democratic countries like the United States that impose the death penalty, thereby denying some criminals the right to life. And every country allows itself the prerogative to declare war, thereby sending people to kill and be killed. So where exactly does the right to life end? There are also complicated and ongoing discussions concerning the list of rights that should be included in the two baskets. Who determined that freedom of religion is a basic human right? Should internet access be defined as a civil right? And what about animal rights? Or the rights of AI?

    We cannot resolve these matters here. Both human and civil rights are intersubjective conventions that humans invent rather than discover, and they are determined by historical contingencies rather than universal reason. Different democracies can adopt somewhat different lists of rights. At least from the viewpoint of information flows, what defines a system as “democratic” is only that its center doesn’t have unlimited authority and that the system possesses robust mechanisms to correct the center’s mistakes. Democratic networks assume that everyone is fallible, and that includes even the winners of elections and the majority of voters.

    It is particularly crucial to remember that elections are not a method for discovering truth. Rather, they are a method for maintaining order by adjudicating between people’s conflicting desires. Elections establish what the majority of people desire, rather than what the truth is. And people often desire the truth to be other than what it is. Democratic networks therefore maintain some self-correcting mechanisms to protect the truth even from the will of the majority.

    For example, during the 2002–3 debate over whether to invade Iraq in the wake of the September 11 attacks, the Bush administration claimed that Saddam Hussein was developing weapons of mass destruction and that the Iraqi people were eager to establish an American-style democracy and would welcome the Americans as liberators. These arguments carried the day. In October 2002 the elected representatives of the American people in Congress voted overwhelmingly to authorize the invasion. The resolution passed with a 296 to 133 majority (69 percent) in the House of Representatives and a 77 to 23 majority (77 percent) in the Senate.6 In the early days of the war in March 2003, polls found that the elected representatives were indeed in tune with the mass of voters and that 72 percent of American citizens supported the invasion.7 The will of the American people was clear.

    But the truth turned out to be different from what the government said and what the majority believed. As the war progressed, it became evident that Iraq had no weapons of mass destruction and that many Iraqis had no wish to be “liberated” by the Americans or to establish a democracy. By August 2004 another poll found that 67 percent of Americans believed that the invasion was based on incorrect assumptions. As the years went by, most Americans acknowledged that the decision to invade was a catastrophic mistake.8

    In a democracy the majority has every right to make momentous decisions like starting wars, and that includes the right to make momentous errors. But the majority should at least acknowledge its own fallibility and protect the freedom of minorities to hold and publicize unpopular views, which might turn out to be correct.

    As another example, consider the case of a charismatic leader who is accused of corruption. His loyal supporters obviously wish these accusations to be false. But even if most voters support the leader, their desires should not prevent judges from investigating the accusations and getting to the truth. As with the justice system, so also with science. A majority of voters might deny the reality of climate change, but they should not have the power to dictate scientific truth or to prevent scientists from exploring and publishing inconvenient facts. Unlike parliaments, departments of environmental studies should not reflect the will of the majority.

    Of course, when it comes to making policy decisions about climate change, in a democracy the will of the voters should reign supreme. Acknowledging the reality of climate change does not tell us what to do about it. We always have options, and choosing between them is a question of desire, not truth. One option might be to immediately cut greenhouse gas emissions, even at the cost of slowing economic growth. This means incurring some difficulties today but saving people in 2050 from more severe hardship, saving the island nation of Kiribati from drowning, and saving the polar bears from extinction. A second option might be to continue with business as usual. This means having an easier life today, but making life harder for the next generation, flooding Kiribati, and driving the polar bears—as well as numerous other species—to extinction. Choosing between these two options is a question of desire, and should therefore be done by all voters rather than by a limited group of experts.

    But the one option that should not be on offer in elections is hiding or distorting the truth. If the majority prefers to consume whatever amount of fossil fuels it wishes with no regard to future generations or other environmental considerations, it is entitled to vote for that. But the majority should not be entitled to pass a law stating that climate change is a hoax and that all professors who believe in climate change must be fired from their academic posts. We can choose what we want, but we shouldn’t deny the true meaning of our choice.

    Naturally, academic institutions, the media, and the judiciary may themselves be compromised by corruption, bias, or error. But subordinating them to a governmental Ministry of Truth is likely to make things worse. The government is already the most powerful institution in developed societies, and it often has the greatest interest in distorting or hiding inconvenient facts. Allowing the government to supervise the search for truth is like appointing the fox to guard the chicken coop.

    To discover the truth, it is better to rely on two other methods. First, academic institutions, the media, and the judiciary have their own internal self-correcting mechanisms for fighting corruption, correcting bias, and exposing error. In academia, peer-reviewed publication is a far better check on error than supervision by government officials, because academic promotion often depends on uncovering past mistakes and discovering unknown facts. In the media, free competition means that if one outlet decides not to break a scandal, perhaps for self-serving reasons, others are likely to jump at the scoop. In the judiciary, a judge that takes bribes may be tried and punished just like any other citizen.

    Second, the existence of several independent institutions that seek the truth in different ways allows these institutions to check and correct one another. For example, if powerful corporations manage to break down the peer-review mechanism by bribing a sufficiently large number of scientists, investigative journalists and courts can expose and punish the perpetrators. If the media or the courts are afflicted by systematic racist biases, it is the job of sociologists, historians, and philosophers to expose these biases. None of these mechanisms are completely fail-safe, but no human institution is. Government certainly isn’t.

    THE POPULIST ASSAULT

    If all this sounds complicated, it is because democracy should be complicated. Simplicity is a characteristic of dictatorial information networks in which the center dictates everything and everybody silently obeys. It’s easy to follow this dictatorial monologue. In contrast, democracy is a conversation with numerous participants, many of them talking at the same time. It can be hard to follow such a conversation.

    Moreover, the most important democratic institutions tend to be bureaucratic behemoths. Whereas citizens avidly follow the biological dramas of the princely court and the presidential palace, they often find it difficult to understand how parliaments, courts, newspapers, and universities function. This is what helps strongmen mount populist attacks on institutions, dismantle all self-correcting mechanisms, and concentrate power in their hands. We discussed populism briefly in the prologue, to help explain the populist challenge to the naive view of information. Here we need to revisit populism, get a broader understanding of its worldview, and explain its appeal to antidemocratic strongmen.

    The term “populism” derives from the Latin populus, which means “the people.” In democracies, “the people” is considered the sole legitimate source of political authority. Only representatives of the people should have the authority to declare wars, pass laws, and raise taxes. Populists cherish this basic democratic principle, but somehow conclude from it that a single party or a single leader should monopolize all power. In a curious political alchemy, populists manage to base a totalitarian pursuit of unlimited power on a seemingly impeccable democratic principle. How does it happen?

    The most novel claim populists make is that they alone truly represent the people. Since in democracies only the people should have political power, and since allegedly only the populists represent the people, it follows that the populist party should have all political power to itself. If some party other than the populists wins elections, it does not mean that this rival party won the people’s trust and is entitled to form a government. Rather, it means that the elections were stolen or that the people were deceived to vote in a way that doesn’t express their true will.

    It should be stressed that for many populists, this is a genuinely held belief rather than a propaganda gambit. Even if they win just a small share of votes, populists may still believe they alone represent the people. An analogous case are communist parties. In the U.K., for example, the Communist Party of Great Britain (CPGB) never won more than 0.4 percent of votes in a general election,9 but was nevertheless adamant that it alone truly represented the working class. Millions of British workers, they claimed, were voting for the Labour Party or even for the Conservative Party rather than for the CPGB because of “false consciousness.” Allegedly, through their control of the media, universities, and other institutions, the capitalists managed to deceive the working class into voting against its true interests, and only the CPGB could see through this deception. In like fashion, populists can believe that the enemies of the people have deceived the people to vote against its true will, which the populists alone represent.

    A fundamental part of this populist credo is the belief that “the people” is not a collection of flesh-and-blood individuals with various interests and opinions, but rather a unified mystical body that possesses a single will—“the will of the people.” Perhaps the most notorious and extreme manifestation of this semireligious belief was the Nazi motto “Ein Volk, ein Reich, ein Führer,” which means “One People, One Country, One Leader.” Nazi ideology posited that the Volk (people) had a single will, whose sole authentic representative was the Führer (leader). The leader allegedly had an infallible intuition for how the people felt and what the people wanted. If some German citizens disagreed with the leader, it didn’t mean that the leader might be in the wrong. Rather, it meant that the dissenters belonged to some treasonous outsider group—Jews, communists, liberals—instead of to the people.

    The Nazi case is of course extreme, and it is grossly unfair to accuse all populists of being crypto-Nazis with genocidal inclinations. However, many populist parties and politicians deny that “the people” might contain a diversity of opinions and interest groups. They insist that the real people has only one will and that they alone represent this will. In contrast, their political rivals—even when the latter enjoy substantial popular support—are depicted as “alien elites.” Thus, Hugo Chávez ran for the presidency in Venezuela with the slogan “Chávez is the people!”10 President Erdoğan of Turkey once railed against his domestic critics, saying, “We are the people. Who are you?”—as if his critics weren’t Turks, too.11

    How can you tell, then, whether someone is part of the people or not? Easy. If they support the leader, they are part of the people. This, according to the German political philosopher Jan-Werner Müller, is the defining feature of populism. What turns someone into a populist is claiming that they alone represent the people and that anyone who disagrees with them—whether state bureaucrats, minority groups, or even the majority of voters—either suffers from false consciousness or isn’t really part of the people.12

    This is why populism poses a deadly threat to democracy. While democracy agrees that the people is the only legitimate source of power, democracy is based on the understanding that the people is never a unitary entity and, therefore, cannot possess a single will. Every people—whether Germans, Venezuelans, or Turks—is composed of many different groups, with a plurality of opinions, wills, and representatives. No group, including the majority group, is entitled to exclude other groups from membership in the people. This is what makes democracy a conversation. Holding a conversation presupposes the existence of several legitimate voices. If, however, the people has only one legitimate voice, there can be no conversation. Rather, the single voice dictates everything. Populism may therefore claim adherence to the democratic principle of “people’s power,” but it effectively empties democracy of meaning and seeks to establish a dictatorship.

    Populism undermines democracy in another, more subtle, but equally dangerous way. Having claimed that they alone represent the people, populists argue that the people is not just the sole legitimate source of political authority but the sole legitimate source of all authority. Any institution that derives its authority from something other than the will of the people is antidemocratic. As the self-proclaimed representatives of the people, populists consequently seek to monopolize not just political authority but all types of authority and to take control of institutions such as media outlets, courts, and universities. By taking the democratic principle of “people’s power” to its extreme, populists turn totalitarian.

    In fact, while democracy means that authority in the political sphere comes from the people, it doesn’t deny the validity of alternative sources of authority in other spheres. As discussed above, in a democracy independent media outlets, courts, and universities are essential self-correcting mechanisms that protect the truth even from the will of the majority. Biology professors claim that humans evolved from apes because the evidence supports this, even if the majority wills it to be otherwise. Journalists can reveal that a popular politician took a bribe, and if compelling evidence is presented in court, a judge may send that politician to jail, even if most people don’t want to believe these accusations.

    Populists are suspicious of institutions that in the name of objective truths override the supposed will of the people. They tend to see this as a smoke screen for elites grabbing illegitimate power. This drives populists to be skeptical of the pursuit of truth, and to argue—as we saw in the prologue—that “power is the only reality.” They thereby seek to undercut or appropriate the authority of any independent institutions that might oppose them. The result is a dark and cynical view of the world as a jungle and of human beings as creatures obsessed with power alone. All social interactions are seen as power struggles, and all institutions are depicted as cliques promoting the interests of their own members. In the populist imagination, courts don’t really care about justice; they only protect the privileges of the judges. Yes, the judges talk a lot about justice, but this is a ploy to grab power for themselves. Newspapers don’t care about facts; they spread fake news to mislead the people and benefit the journalists and the cabals that finance them. Even scientific institutions aren’t committed to the truth. Biologists, climatologists, epidemiologists, economists, historians, and mathematicians are just another interest group feathering its own nest—at the expense of the people.

    In all, it’s a rather sordid view of humanity, but two things nevertheless make it appealing to many. First, since it reduces all interactions to power struggles, it simplifies reality and makes events like wars, economic crises, and natural disasters easy to understand. Anything that happens—even a pandemic—is about elites pursuing power. Second, the populist view is attractive because it is sometimes correct. Every human institution is indeed fallible and suffers from some level of corruption. Some judges do take bribes. Some journalists do intentionally mislead the public. Academic disciplines are occasionally plagued by bias and nepotism. That is why every institution needs self-correcting mechanisms. But since populists are convinced that power is the only reality, they cannot accept that a court, a media outlet, or an academic discipline would ever be inspired by the value of truth or justice to correct itself.

    While many people embrace populism because they see it as an honest account of human reality, strongmen are attracted to it for a different reason. Populism offers strongmen an ideological basis for making themselves dictators while pretending to be democrats. It is particularly useful when strongmen seek to neutralize or appropriate the self-correcting mechanisms of democracy. Since judges, journalists, and professors allegedly pursue political interests rather than truth, the people’s champion—the strongman—should control these positions instead of allowing them to fall into the hands of the people’s enemies. Similarly, since even the officials in charge of arranging elections and publicizing their results may be part of a nefarious conspiracy, they too should be replaced by the strongman’s loyalists.

    In a well-functioning democracy, citizens trust the results of elections, the decisions of courts, the reports of media outlets, and the findings of scientific disciplines because citizens believe these institutions are committed to the truth. Once people think that power is the only reality, they lose trust in all these institutions, democracy collapses, and the strongmen can seize total power.
    Of course, populism could lead to anarchy rather than totalitarianism, if it undermines trust in the strongmen themselves. If no human is interested in truth or justice, doesn’t this apply to Mussolini or Putin too? And if no human institution can have effective self-correcting mechanisms, doesn’t this include Mussolini’s National Fascist Party or Putin’s United Russia party? How can a deep-seated distrust of all elites and institutions be squared with unwavering admiration for one leader and party? This is why populists ultimately depend on the mystical notion that the strongman embodies the people. When trust in bureaucratic institutions like election boards, courts, and newspapers is particularly low, an enhanced reliance on mythology is the only way to preserve order.

    MEASURING THE STRENGTH OF DEMOCRACIES

    Strongmen who claim to represent the people may well rise to power through democratic means, and often rule behind a democratic facade. Rigged elections in which they win overwhelming majorities serve as proof of the mystical bond between the leader and the people. Consequently, to measure how democratic an information network is, we cannot use a simple yardstick like whether elections are being held regularly. In Putin’s Russia, in Iran, and even in North Korea elections are held like clockwork. Rather, we need to ask much more complex questions like “What mechanisms prevent the central government from rigging the elections?” “How safe is it for leading media outlets to criticize the government?” and “How much authority does the center appropriate to itself?” Democracy and dictatorship aren’t binary opposites, but rather a continuum. To decide whether a network is closer to the democratic or the dictatorial end of the continuum, we need to understand how information flows in the network and what shapes the political conversation.

    If one person dictates all the decisions, and even their closest advisers are terrified to voice a dissenting view, no conversation is taking place. Such a network is situated at the extreme dictatorial end of the spectrum. If nobody can voice unorthodox opinions publicly, but behind closed doors a small circle of party bosses or senior officials are able to freely express their views, then this is still a dictatorship, but it has taken a baby step in the direction of democracy. If 10 percent of the population participate in the political conversation by airing their opinions, voting in fair elections, and running for office, that may be considered a limited democracy, as was the case in many ancient city-states like Athens, or in the early days of the United States, when only wealthy white men had such political rights. As the percentage of people taking part in the conversation rises, so the network becomes more democratic.

    The focus on conversations rather than elections raises a host of interesting questions. For example, where does that conversation take place? North Korea, for example, has the Mansudae Assembly Hall in Pyongyang, where the 687 members of the Supreme People’s Assembly meet and talk. However, while this Assembly is officially known as North Korea’s legislature, and while elections to the Assembly are held every five years, this body is widely considered a rubber stamp, executing decisions taken elsewhere. The anodyne discussions follow a predetermined script, and they aren’t geared to change anyone’s mind about anything.13

    Is there perhaps another, more private hall in Pyongyang where the crucial conversations take place? Do Politburo members ever dare criticize Kim Jong Un’s policies during formal meetings? Perhaps it can be done in unofficial dinner parties or in unofficial think tanks? Information in North Korea is so concentrated and so tightly controlled that we cannot provide clear answers to these questions.14
    Similar questions can be asked about the United States. In the United States, unlike in North Korea, people are free to say almost anything they want. Scathing public attacks on the government are a daily occurrence. But where is the room where the crucial conversations happen, and who sits there? The U.S. Congress was designed to fulfill this function, with the people’s representatives meeting to converse and try to convince one another. But when was the last time that an eloquent speech in Congress by a member of one party persuaded members of the other party to change their minds about anything? Wherever the conversations that shape American politics now take place, it is definitely not in Congress. Democracies die not only when people are not free to talk but also when people are not willing or able to listen.

    STONE AGE DEMOCRACIES

    Based on the above definition of democracy, we can now turn to the historical record and examine how changes in information technology and information flows have shaped the history of democracy. To judge by the archaeological and anthropological evidence, democracy was the most typical political system among archaic hunter-gatherers. Stone Age bands obviously didn’t have formal institutions like elections, courts, and media outlets, but their information networks were usually distributed and gave ample opportunities for self-correction. In bands numbering just a few dozen people information could easily be shared among all group members, and when the band decided where to pitch camp, where to go hunting, or how to handle a conflict with another band, everyone could take part in the conversation and dispute each other. Bands usually belonged to a larger tribe that included hundreds or even thousands of people. But when important choices affecting the whole tribe had to be made, such as whether to go to war, tribes were usually still small enough for a large percentage of their members to gather in one place and converse.15

    While bands and tribes sometimes had dominant leaders, these tended to exercise only limited authority. Leaders had no standing armies, police forces, or governmental bureaucracies at their disposal, so they couldn’t just impose their will by force.16 Leaders also found it difficult to control the economic basis of people’s lives. In modern times, dictators like Vladimir Putin and Saddam Hussein have often based their political power on monopolizing economic assets like oil wells.17 In medieval and classical antiquity, Chinese emperors, Greek tyrants, and Egyptian pharaohs dominated society by controlling granaries, silver mines, and irrigation canals. In contrast, in a hunter-gatherer economy such centralized economic control was possible only under special circumstances. For example, along the northwestern coast of North America some hunter-gatherer economies relied on catching and preserving large numbers of salmon. Since salmon runs peaked for a few weeks in specific creeks and rivers, a powerful chief could monopolize this asset.18

    But this was exceptional. Most hunter-gatherer economies were far more diversified. One leader, even supported by a few allies, could not corral the savanna and prevent people from gathering plants and hunting animals there. If all else failed, hunter-gatherers could therefore vote with their feet. They had few possessions, and their most important assets were their personal skills and personal friends. If a chief turned dictatorial, people could just walk away.19

    Even when hunter-gatherers did end up ruled by a domineering chief, as happened among the salmon-fishing people of northwestern America, at least that chief was accessible. He didn’t live in a faraway fortress surrounded by an unfathomable bureaucracy and a cordon of armed guards. If you wanted to voice a complaint or a suggestion, you could usually get within earshot of him. The chief couldn’t control public opinion, nor could he shut himself off from it. In other words, there was no way for a chief to force all information to flow through the center, or to prevent people from talking with one another, criticizing him, or organizing against him.20

    In the millennia following the agricultural revolution, and especially after writing helped create large bureaucratic polities, it became easier to centralize the flow of information and harder to maintain the democratic conversation. In small city-states like those of ancient Mesopotamia and Greece, autocrats like Lugal-Zagesi of Umma and Pisistratus of Athens relied on bureaucrats, archives, and a standing army to monopolize key economic assets and information about ownership, taxation, diplomacy, and politics. It simultaneously became harder for the mass of citizens to keep in direct touch with one another. There was no mass communication technology like newspapers or radio, and it was not easy to squeeze tens of thousands of citizens into the main city square to hold a communal discussion.

    Democracy was still an option for these small city-states, as the history of both early Sumer and classical Greece clearly indicates.21 However, the democracy of ancient city-states tended to be less inclusive than the democracy of archaic hunter-gatherer bands. Probably the most famous example of ancient city-state democracy is Athens in the fifth and fourth centuries BCE. All adult male citizens could participate in the Athenian assembly, vote on public policy, and be elected to public offices. But women, slaves, and noncitizen residents of the city did not enjoy these privileges. Only about 25–30 percent of the adult population of Athens enjoyed full political rights.22

    As the size of polities continued to increase, and city-states were superseded by larger kingdoms and empires, even Athenian-style partial democracy disappeared. All the famous examples of ancient democracies are city-states such as Athens and Rome. In contrast, we don’t know of any large-scale kingdom or empire that operated along democratic lines.

    For example, when in the fifth century BCE Athens expanded from a city-state into an empire, it did not grant citizenship and political rights to those it conquered. The city of Athens remained a limited democracy, but the much bigger Athenian Empire was ruled autocratically from the center. All the important decisions about taxes, diplomatic alliances, and military expeditions were taken in Athens. Subject lands like the islands of Naxos and Thasos had to obey the orders of the Athenian popular assembly and elected officials, without the Naxians and Thasians being able to vote in that assembly or be elected to office. It was also difficult for Naxos, Thasos, and other subject lands to coordinate a united opposition to the decisions taken in the Athenian center, and if they tried to do so, it would have brought ruthless Athenian reprisals. Information in the Athenian Empire flowed to and from Athens.23

    When the Roman Republic built its empire, conquering first the Italian Peninsula and eventually the entire Mediterranean basin, the Romans took a somewhat different course. Rome gradually did extend citizenship to the conquered people. It began by granting citizenship to the inhabitants of Latium, then to the inhabitants of other Italian regions, and finally to inhabitants of even distant provinces like Gallia and Syria. However, as citizenship was extended to more people, the political rights of citizens were simultaneously restricted.

    The ancient Romans had a clear understanding of what democracy means, and they were originally fiercely committed to the democratic ideal. After expelling the last king of Rome in 509 BCE, the Romans developed a deep dislike for monarchy and a fear of giving unlimited power to any single individual or institution. Supreme executive power was therefore shared by two consuls who balanced each other. These consuls were chosen by citizens in free elections, held office for a single year, and were additionally checked by the powers of the popular assembly, of the Senate, and of other elected officials like the tribunes.

    But when Rome extended citizenship to Latins, Italians, and finally to Gauls and Syrians, the power of the popular assembly, the tribunes, the Senate, and even the two consuls was gradually reduced, until in the late first century BCE the Caesar family established its autocratic rule. Anticipating present-day strongmen like Putin, Augustus didn’t crown himself king, and pretended that Rome was still a republic. The Senate and the popular assembly continued to convene, and every year citizens continued to choose consuls and tribunes. But these institutions were emptied of real power.24

    In 212 CE, the emperor Caracalla—the offspring of a Phoenician family from North Africa—took a seemingly momentous step and granted automatic Roman citizenship to all free adult males throughout the vast empire. Rome in the third century CE accordingly had tens of millions of citizens.25 But by that time, all the important decisions were made by a single unelected emperor. While consuls were still ceremonially chosen every year, Caracalla inherited power from his father Septimius Severus, who became emperor by winning a civil war. To cement his rule, the most important step Caracalla took was murdering his brother and rival Geta.

    When Caracalla ordered the murder of Geta, decided to devalue the Roman currency, or declared war on the Parthian Empire, he had no need to ask permission from the Roman people. All of Rome’s self-correcting mechanisms had been neutralized long before. If Caracalla made some error in foreign or domestic policy, neither the Senate nor any officials like the consuls or tribunes could intervene to correct it, except by rising in rebellion or assassinating him. And when Caracalla was indeed assassinated in 217, it only led to a new round of civil wars culminating in the rise of new autocrats. Rome in the third century CE, like Russia in the eighteenth century, was, in the words of Madame de Staël, “autocracy tempered by strangulation.”

    By the third century CE, not only the Roman Empire but all other major human societies on earth were centralized information networks lacking strong self-correcting mechanisms. This was true of the Parthian and Sassanian Empires in Persia, of the Kushan and Gupta Empires in India, and of China’s Han Empire and its successor Three Kingdoms.26 Thousands of more small-scale societies continued to function democratically in the third century CE and beyond, but it seemed that distributed democratic networks were simply incompatible with large-scale societies.

    CAESAR FOR PRESIDENT!

    Were large-scale democracies really unworkable in the ancient world? Or did autocrats like Augustus and Caracalla deliberately sabotage them? This question is important not only for our understanding of ancient history but also for our view of democracy’s future in the age of AI. How do we know whether democracies fail because they are undermined by strongmen or because of much deeper structural and technological reasons?

    To answer that question, let’s take a closer look at the Roman Empire. The Romans were clearly familiar with the democratic ideal, and it continued to be important to them even after the Caesar family rose to power. Otherwise, Augustus and his heirs would not have bothered to maintain seemingly democratic institutions like the Senate or annual elections to the consulate and other offices. So why did power end up in the hands of an unelected emperor?

    In theory, even after Roman citizenship was expanded to tens of millions of people throughout the Mediterranean basin, wasn’t it possible to hold empire-wide elections for the position of emperor? This would surely have required very complicated logistics, and it would have taken several months to learn the results of the elections. But was that really a deal breaker?

    The key misconception here is equating democracy with elections. If the Roman Empire wanted to, it could technically have held empire-wide elections for emperor. But the real question we should ask is whether the Roman Empire could have held an ongoing empire-wide political conversation. In present-day North Korea no democratic conversation takes place because people aren’t free to talk, yet we could well imagine a situation when this freedom is guaranteed—as it is in South Korea. In the present-day United States the democratic conversation is endangered by people’s inability to listen to and respect their political rivals, yet this can presumably still be fixed. By contrast, in the Roman Empire there was simply no way to conduct or sustain a democratic conversation, because the technological means to hold such a conversation did not exist.

    To hold a conversation, it is not enough to have the freedom to talk and the ability to listen. There are also two technical preconditions. First, people need to be within hearing range of each other. This means that the only way to hold a political conversation in a territory the size of the United States or the Roman Empire is with the help of some kind of information technology that can swiftly convey what people say over long distances.

    Second, people need at least a rudimentary understanding of what they are talking about. Otherwise, they are just making noise, not holding a meaningful conversation. People usually have a good understanding of political issues of which they have direct experience. Poor people have many insights about poverty that escape economics professors, and ethnic minorities understand racism in a much more profound way than people who never suffered from it, for example. However, if lived experience were the only way to understand crucial political issues, large-scale political conversations would be impossible. For then every group of people could talk meaningfully only about its own experiences. Even worse, nobody else could understand what they were saying. If lived experience is the sole possible source of knowledge, then merely listening to the insights gained from someone else’s lived experience cannot impart these insights to me.

    The only way to have a large-scale political conversation among diverse groups of people is if people can gain some understanding of issues that they have never experienced firsthand. In a large polity, it is a crucial role of the education system and the media to inform people about things they have never faced themselves. If there is no education system or media platforms to perform this role, no meaningful large-scale conversations can take place.

    In a small Neolithic town of a few thousand inhabitants people might sometimes have been afraid to say what they thought, or might have refused to listen to their rivals, but it was relatively easy to satisfy the more fundamental technical preconditions for meaningful discourse. First, people lived in proximity to one another, so they could easily meet most other community members and hear their voices. Second, everybody had intimate knowledge of the dangers and opportunities that the town faced. If an enemy war party approached, everyone could see it. If the river flooded the fields, everyone witnessed the economic effects. When people talked about war and hunger, they knew what they were saying.

    In the fourth century BCE, the city-state of Rome was still small enough to allow a large percentage of its citizens to congregate in the Forum in times of emergency, listen to respected leaders, and voice their personal views on the matter at hand. When in 390 BCE Gallic invaders attacked Rome, almost everyone lost a relative in the defeat at the Battle of the Allia and lost property when the victorious Gauls then sacked Rome. The desperate Romans appointed Marcus Camillus as dictator. In Rome, the dictator was a public official appointed in times of emergency who had unlimited powers but only for a short predetermined period, following which he was held accountable for his actions. After Camillus led the Romans to victory, everybody could see that the emergency was over, and Camillus stepped down.27

    In contrast, by the third century CE, the Roman Empire had a population of between sixty and seventy-five million people,28 spread over five million square kilometers.29 Rome lacked mass communication technology like radio or daily newspapers. Only 10–20 percent of adults had reading skills,30 and there was no organized education system that could inform them about the geography, history, and economy of the empire. True, many people across the empire did share some cultural ideas, such as a strong belief in the superiority of Roman civilization over the barbarians. These shared cultural beliefs were crucial in preserving order and holding the empire together. But their political implications were far from clear, and in times of crisis there was no possibility to hold a public conversation about what should be done.

    How could Syrian merchants, British shepherds, and Egyptian villagers converse about the ongoing wars in the Middle East or about the immigration crisis brewing along the Danube? The lack of a meaningful public conversation was not the fault of Augustus, Nero, Caracalla, or any of the other emperors. They didn’t sabotage Roman democracy. Given the size of the empire and the available information technology, democracy was simply unworkable. This was acknowledged already by ancient philosophers like Plato and Aristotle, who argued that democracy can work only in small-scale city-states.31

    If the absence of Roman democracy had merely been the fault of particular autocrats, we should have at least seen large-scale democracies flourishing in other places, like in Sassanian Persia, Gupta India, or Han China. But prior to the development of modern information technology, there are no examples of large-scale democracies anywhere.

    It should be stressed that in many large-scale autocracies local affairs were often managed democratically. The Roman emperor didn’t have the information needed to micromanage hundreds of cities across the empire, whereas local citizens in each city could continue to hold a meaningful conversation about municipal politics. Consequently, long after the Roman Empire became an autocracy, many of its cities continued to be governed by local assemblies and elected officials. At a time when elections to the consulship in Rome became ceremonial affairs, elections to municipal offices in small cities like Pompeii were hotly contested.

    Pompeii was destroyed in the eruption of Vesuvius in 79 CE, during the reign of the emperor Titus. Archaeologists uncovered about fifteen hundred graffiti concerned with various local election campaigns. One coveted office was that of the city’s aedile—the magistrate in charge of maintaining the city’s infrastructure and public buildings.32 Lucretius Fronto’s supporters drew the graffiti “If honest living is thought to be any recommendation, then Lucretius Fronto is worthy of being elected.” One of his opponents, Gaius Julius Polybius, ran with the slogan “Elect Gaius Julius Polybius to the office of aedile. He provides good bread.”

    There were also endorsements by religious groups and professional associations, such as “The worshippers of Isis demand the election of Gnaeus Helvius Sabinus” and “All the mule drivers request that you elect Gaius Julius Polybius.” There was dirty work, too. Someone who clearly wasn’t Marcus Cerrinius Vatia drew the graffiti “All the drunkards ask you to elect Marcus Cerrinius Vatia” and “The petty thieves ask you to elect Vatia.”33 Such electioneering indicates that the position of aedile had power in Pompeii and that the aedile was chosen in relatively free and fair elections, rather than appointed by the imperial autocrat in Rome.

    Even in empires whose rulers never had any democratic pretensions, democracy could still flourish in local settings. In the Tsarist Empire, for example, the daily lives of millions of villagers were managed by rural communes. Going back at least to the eleventh century, each commune usually included fewer than a thousand people. They were subject to a landlord and bore many obligations to their lord and to the central Tsarist state, but they had considerable autonomy in managing their internal affairs and in deciding how to discharge their external obligations, such as paying taxes and providing military recruits. The commune mediated local disputes, provided emergency relief, enforced social norms, oversaw the distribution of land to individual households, and regulated access to shared resources like forests and pastures. Decisions on important matters were made in communal meetings in which the heads of local households expressed their views and chose the commune’s elder. Resolutions at least tried to reflect the majority’s will.34

    In Tsarist villages and Roman cities a form of democracy was possible because a meaningful public conversation was possible. Pompeii was a city of about eleven thousand people in 79 CE,35 so everybody could supposedly judge for themselves whether Lucretius Fronto was an honest man and whether Marcus Cerrinius Vatia was a drunken thief. But democracy at a scale of millions became possible only in the modern age, when mass media changed the nature of large-scale information networks.

    MASS MEDIA MAKES MASS DEMOCRACY POSSIBLE

    Mass media can be defined as the ability to quickly connect millions of people even when they are separated by large distances. The printing press was a crucial step in that direction. Print made it possible to cheaply and quickly produce large numbers of books and pamphlets, which enabled more people to voice their opinions and be heard over a large territory, even if the process still took time. This sustained some of the first experiments in large-scale democracy, such as the Polish-Lithuanian Commonwealth established in 1569 and the Dutch Republic established in 1579.

    Some may contest the characterization of these polities as “democratic,” since only a minority of relatively wealthy citizens enjoyed full political rights. In the Polish-Lithuanian Commonwealth, political rights were reserved for adult male members of the szlachta—the nobility. These numbered up to 300,000 individuals, or about 5 percent of the total adult population.36 One of the szlachta’s prerogatives was to elect the king, but since voting required traveling long distances to a national convention, few exercised their right. In the sixteenth and seventeenth centuries participation in royal elections usually ranged between 3,000 and 7,000 voters, except for the 1669 elections in which 11,271 participated.37 While this hardly sounds democratic in the twenty-first century, it should be remembered that all large-scale democracies until the twentieth century limited political rights to a small circle of relatively wealthy men. Democracy is never a matter of all or nothing. It is a continuum, and late sixteenth-century Poles and Lithuanians explored previously unknown regions of that continuum.

    Aside from electing its king, Poland-Lithuania had an elected parliament (the Sejm) that approved or blocked new legislation and had the power to veto royal decisions on taxation and foreign affairs. Moreover, citizens enjoyed a list of inviolable rights such as freedom of assembly and freedom of religion. In the late sixteenth and early seventeenth centuries, when most of Europe suffered from bitter religious conflicts and persecutions, Poland-Lithuania was a tolerant haven, where Catholics, Greek Orthodox, Lutherans, Calvinists, Jews, and even Muslims coexisted in relative harmony.38 In 1616, more than a hundred mosques functioned in the commonwealth.39

    In the end, however, the Polish-Lithuanian experiment in decentralization proved to be impractical. The country was Europe’s second-largest state (after Russia), covering almost a million square kilometers and including most of the territory of today’s Poland, Lithuania, Belarus, and Ukraine. It lacked the information, communication, and education systems necessary to hold a meaningful political conversation between Polish aristocrats, Lithuanian noblemen, Ukrainian Cossacks, and Jewish rabbis spread from the Baltic Sea to the Black Sea. Its self-correcting mechanisms were also too costly, paralyzing the power of the central government. In particular, every single Sejm deputy was given the right to veto all parliamentary legislation, which led to political deadlock. The combination of a large and diverse polity with a weak center proved fatal. The commonwealth was torn apart by centrifugal forces, and its pieces were then divided between the centralized autocracies of Russia, Austria, and Prussia.

    The Dutch experiment fared better. In some ways the Dutch United Provinces were even less centralized than the Polish-Lithuanian Commonwealth, since they lacked a monarch, and were a union of seven autonomous provinces, which were in turn made up of self-governing towns and cities.40 This decentralized nature is reflected in the plural form of how the country was known abroad—the Netherlands in English, Les Pays-Bas in French, Los Países Bajos in Spanish, and so on.

    However, taken together the United Provinces were twenty-five times smaller in landmass than Poland-Lithuania and possessed a much better information, communication, and education system that tied its constituent parts closely together.41 The United Provinces also pioneered a new information technology with a big future. In June 1618 a pamphlet titled Courante uyt Italien, Duytslandt &c. appeared in Amsterdam. As its title indicated, it carried news from the Italian Peninsula, the German lands, and other places. There was nothing remarkable about this particular pamphlet, except that new issues were published in the following weeks, too. They appeared regularly until 1670, when the Courante uyt Italien, Duytslandt &c. merged with other serial pamphlets into the Amsterdamsche Courant, which appeared until 1903, when it was merged into De Telegraaf—the Netherlands’ largest newspaper to this day.42

    The newspaper is a periodic pamphlet, and it was different from earlier one-off pamphlets because it had a much stronger self-correcting mechanism. Unlike one-off publications, a weekly or daily newspaper has a chance to correct its mistakes and an incentive to do so in order to win the public’s trust. Shortly after the Courante uyt Italien, Duytslandt &c. appeared, a competing newspaper titled Tijdinghen uyt Verscheyde Quartieren (Tidings from Various Quarters) made its debut. The Courante was generally considered more reliable, because it tried to check its stories before publishing them, and because the Tijdinghen was accused of being overly patriotic and reporting only news favorable to the Netherlands. Nevertheless, both newspapers survived, because, as one reader explained, “one can always find something in one newspaper that is not available in the other.” In the following decades dozens of additional newspapers were published in the Netherlands, which became Europe’s journalistic hub.43

    Newspapers that succeeded in gaining widespread trust became the architects and mouthpieces of public opinion. They created a far more informed and engaged public, which changed the nature of politics, first in the Netherlands and later around the world.44 The political influence of newspapers was so crucial that newspaper editors often became political leaders. Jean-Paul Marat rose to power in revolutionary France by founding and editing L’Ami du People; Eduard Bernstein helped create Germany’s Social Democratic Party by editing Der Sozialdemokrat; Vladimir Lenin’s most important position before becoming Soviet dictator was editor of Iskra; and Benito Mussolini rose to fame first as a socialist journalist in Avanti! and later as founder and editor of the firebrand right-wing paper Il Popolo d’Italia.

    Newspapers played a crucial role in the formation of early modern democracies like the United Provinces in the Low Countries, the United Kingdom in the British Isles, and the United States in North America. As the names themselves indicate, these were not city-states like ancient Athens and Rome but amalgams of different regions glued together in part by this new information technology. For example, when on December 6, 1825, President John Quincy Adams gave his First Annual Message to the U.S. Congress, the text of the address and summaries of the main points were published over the next weeks by newspapers from Boston to New Orleans (at the time, hundreds of newspapers and magazines were being published in the United States45).

    Adams declared his administration’s intentions of initiating numerous federal projects ranging from the construction of roads to the founding of an astronomical observatory, which he poetically named “light-house of the skies.” His speech ignited a fierce public debate, much of it conducted in print between those who supported such “big government” plans as essential for the development of the United States and many who preferred a “small government” approach and saw Adams’s plans as federal overreach and an encroachment on states’ rights.

    Northern supporters of the “small government” camp complained that it was unconstitutional for the federal government to tax the citizens of richer states in order to build roads in poorer states. Southerners feared that a federal government that claims the power to build a lighthouse of the sky in their backyard may one day claim the power to free their slaves, too. Adams was accused of harboring dictatorial ambitions, while the erudition and sophistication of his speech were criticized as elitist and disconnected from ordinary Americans. The public debates over the 1825 message to Congress dealt a severe blow to the reputation of the Adams administration and helped pave the way to Adams’s subsequent electoral defeat. In the 1828 presidential elections, Adams lost to Andrew Jackson—a rich slaveholding planter from Tennessee who was successfully rebranded in numerous newspaper columns as “the man of the people” and who claimed that the previous elections were in fact stolen by Adams and by the corrupt Washington elites.46

    Newspapers of the time were of course still slow and limited compared with the mass media of today. Newspapers traveled at the pace of a horse or sailboat, and relatively few people read them regularly. There were no newsstands or street vendors, so people had to buy subscriptions, which were expensive; average annual subscriptions cost around one week’s wages for a skilled journeyman. As a result, the total number of subscribers to all U.S. newspapers in 1830 is estimated at just seventy-eight thousand. Since some subscribers were associations or businesses rather than individuals, and since every copy was probably read by several people, it seems reasonable to assume that regular newspaper readership numbered in the hundreds of thousands. But millions more rarely, if ever, read newspapers.47

    No wonder that American democracy in those days was a limited affair—and the domain of wealthy white men. In the 1824 elections that brought Adams to power, 1.3 million Americans were theoretically eligible to vote, out of an adult population of about 5 million (or around 25 percent). Only 352,780 people—7 percent of the total adult population—actually made use of their right. Adams didn’t even win a majority of those who voted. Owing to the quirks of the U.S. electoral system, he became president thanks to the support of just 113,122 voters, or not much more than 2 percent of adults, and 1 percent of the total population.48 In Britain at the same time, only about 400,000 people were eligible to vote for Parliament, or around 6 percent of the adult population. Moreover, 30 percent of parliamentary seats were not even contested.49

    You may wonder whether we are talking about democracies at all. At a time when the United States had more slaves than voters (more than 1.5 million Americans were enslaved in the early 1820s),50 was the United States really a democracy? This is a question of definitions. As with the late sixteenth-century Polish-Lithuanian Commonwealth, so also with the early nineteenth-century United States, “democracy” is a relative term. As noted earlier, democracy and autocracy aren’t absolutes; they are part of a continuum. In the early nineteenth century, out of all large-scale human societies, the United States was probably the closest to the democratic end of the continuum. Giving 25 percent of adults the right to vote doesn’t sound like much today, but in 1824 that was a far higher percentage than in the Tsarist, Ottoman, or Chinese Empires, in which nobody had the right to vote.51

    Besides, as emphasized throughout this chapter, voting is not the only thing that counts. An even more important reason to consider the United States in 1824 a democracy is that compared with most other polities of its day, the new country possessed much stronger self-correcting mechanisms. The Founding Fathers were inspired by ancient Rome—witness the Senate and the Capitol in Washington—and they were well aware that the Roman Republic eventually turned into an autocratic empire. They feared that some American Caesar would do something similar to their republic, and constructed multiple overlapping self-correcting mechanisms, known as the system of checks and balances. One of these was a free press. In ancient Rome, the self-correcting mechanisms stopped functioning as the republic enlarged its territory and population. In the United States, modern information technology combined with freedom of the press helped the self-correcting mechanisms survive even as the country extended from the Atlantic to the Pacific.

    It was these self-correcting mechanisms that gradually enabled the United States to expand the franchise, abolish slavery, and turn itself into a more inclusive democracy. As noted in chapter 3, the Founding Fathers committed enormous mistakes—such as endorsing slavery and denying women the vote—but they also provided the tools for their descendants to correct these mistakes. That was their greatest legacy.

    THE TWENTIETH CENTURY: MASS DEMOCRACY, BUT ALSO MASS TOTALITARIANISM

    Printed newspapers were just the first harbinger of the mass media age. During the nineteenth and twentieth centuries, a long list of new communication and transportation technologies such as the telegraph, telephone, television, radio, trains, steamships, and airplanes supercharged the power of mass media.

    When Demosthenes gave a public speech in Athens around 350 BCE, it was aimed primarily at the limited audience actually present in the Athenian agora. When John Quincy Adams gave his First Annual Message in 1825, his words spread at the pace of a horse. When Abraham Lincoln gave his Gettysburg Address on November 19, 1863, telegraphs, locomotives, and steamships conveyed his words much faster throughout the Union and beyond. The very next day The New York Times had already reprinted the speech in full,52 as had numerous other newspapers from The Portland Daily Press in Maine to the Ottumwa Courier in Iowa.53

    As befitting a democracy with strong self-correcting mechanisms in place, the president’s speech sparked a lively conversation rather than universal applause. Most newspapers lauded it, but some expressed their doubts. The Chicago Times wrote on November 20 that “the cheek of every American must tingle with shame as he reads the silly, flat and dishwatery utterances” of President Lincoln.54 The Patriot & Union, a local newspaper in Harrisburg, Pennsylvania, also blasted “the silly remarks of the President” and hoped that “the veil of oblivion shall be dropped over them and that they shall be no more repeated or thought of.”55 Though the country was in the midst of a civil war, journalists were free to publicly criticize—and even ridicule—the president.

    Fast-forward a century, and things really picked up speed. For the first time in history, new technologies allowed masses of people, spread over vast swaths of territory, to connect in real time. In 1960, about seventy million Americans (39 percent of the total population), dispersed over the North American continent and beyond, watched the Nixon-Kennedy presidential debates live on television, with millions more listening on the radio.56 The only effort viewers and listeners had to make was to press a button while sitting in their homes. Large-scale democracy had now become feasible. Millions of people separated by thousands of kilometers could conduct informed and meaningful public debates about the rapidly evolving issues of the day. By 1960, all adult Americans were theoretically eligible to vote, and close to seventy million (about 64 percent of the electorate) actually did so—though millions of Blacks and other disenfranchised groups were prevented from voting through various voter-suppression schemes.57

    As always, we should beware of technological determinism and of concluding that the rise of mass media led to the rise of large-scale democracy. Mass media made large-scale democracy possible, rather than inevitable. And it also made possible other types of regimes. In particular, the new information technologies of the modern age opened the door for large-scale totalitarian regimes. Like Nixon and Kennedy, Stalin and Khrushchev could say something over the radio and be heard instantaneously by hundreds of millions of people from Vladivostok to Kaliningrad. They could also receive daily reports by phone and telegraph from millions of secret police agents and informers. If a newspaper in Vladivostok or Kaliningrad wrote that the supreme leader’s latest speech was silly (as happened to Lincoln’s Gettysburg Address), then everyone involved—from the editor in chief to the typesetters—would likely have received a visit from the KGB.

    A BRIEF HISTORY OF TOTALITARIANISM

    Totalitarian systems assume their own infallibility, and seek total control over the totality of people’s lives. Before the invention of the telegraph, radio, and other modern information technology, large-scale totalitarian regimes were impossible. Roman emperors, Abbasid caliphs, and Mongol khans were often ruthless autocrats who believed they were infallible, but they did not have the apparatus necessary to impose totalitarian control over large societies. To understand this, we should first clarify the difference between totalitarian regimes and less extreme autocratic regimes. In an autocratic network, there are no legal limits on the will of the ruler, but there are nevertheless a lot of technical limits. In a totalitarian network, many of these technical limits are absent.58

    For example, in autocratic regimes like the Roman Empire, the Abbasid Empire, and the Mongol Empire, rulers could usually execute any person who displeased them, and if some law got in their way, they could ignore or change the law. The emperor Nero arranged the murder of his mother, Agrippina, and his wife, Octavia, and forced his mentor Seneca to commit suicide. Nero also executed or exiled some of the most respected and powerful Roman aristocrats merely for voicing dissent or telling jokes about him.59

    While autocratic rulers like Nero could execute anyone who did or said something that displeased them, they couldn’t know what most people in their empire were doing or saying. Theoretically, Nero could issue an order that any person in the Roman Empire who criticized or insulted the emperor must be severely punished. Yet there were no technical means for implementing such an order. Roman historians like Tacitus portray Nero as a bloodthirsty tyrant who instigated an unprecedented reign of terror. But this was a very limited type of terror. Although he executed or exiled a number of family members, aristocrats, and senators within his orbit, ordinary Romans in the city’s slums and provincials in distant towns like Jerusalem and Londinium could speak their mind much more freely.60

    Modern totalitarian regimes like the Stalinist U.S.S.R. instigated terror on an altogether different scale. Totalitarianism is the attempt to control what every person throughout the country is doing and saying every moment of the day, and potentially even what every person is thinking and feeling. Nero might have dreamed about such powers, but he lacked the means to realize them. Given the limited tax base of the agrarian Roman economy, Nero couldn’t employ many people in his service. He could place informers at the dinner parties of Roman senators, but he had only about 10,000 imperial administrators61 and 350,000 soldiers62 to control the rest of the empire, and he lacked the technology to communicate with them swiftly.

    Nero and his fellow emperors had an even bigger problem ensuring the loyalty of the administrators and soldiers they did have on their payroll. No Roman emperor was ever toppled by a democratic revolution like the ones that deposed Louis XVI, Nicolae Ceauşescu, or Hosni Mubarak. Instead, dozens of emperors were assassinated or deposed by their own generals, officials, bodyguards, or family members.63 Nero himself was overthrown by a revolt of the governor of Hispania, Galba. Six months later Galba was ousted by Otho, the governor of Lusitania. Within three months, Otho was deposed by Vittelius, commander of the Rhine army. Vitellius lasted about eight months before he was defeated and killed by Vespasian, commander of the army in Judaea. Being killed by a rebellious subordinate was the biggest occupational hazard not just for Roman emperors but for almost all premodern autocrats.

    Emperors, caliphs, shahs, and kings found it a huge challenge to keep their subordinates in check. Rulers consequently focused their attention on controlling the military and the taxation system. Roman emperors had the authority to interfere in the local affairs of any province or city, and they sometimes exercised that authority, but this was usually done in response to a specific petition sent by a local community or official,64 rather than as part of some empire-wide totalitarian Five-Year Plan. If you were a mule driver in Pompeii or a shepherd in Roman Britain, Nero didn’t want to control your daily routines or to police the jokes you told. As long as you paid your taxes and didn’t resist the legions, that was good enough for Nero.

    SPARTA AND QIN

    Some scholars claim that despite the technological difficulties there were attempts to establish totalitarian regimes in ancient times. The most common example cited is Sparta. According to this interpretation, Spartans were ruled by a totalitarian regime that micromanaged every aspect of their lives—from whom they married to what they ate. However, while the Spartan regime was certainly draconian, it actually included several self-correcting mechanisms that prevented power from being monopolized by a single person or faction. Political authority was divided between two kings, five ephors (senior magistrates), twenty-eight members of the Gerousia council, and the popular assembly. Important decisions—such as whether to go to war—often involved fierce public debates.

    Moreover, irrespective of how we evaluate the nature of Sparta’s regime, it is clear that the same technological limitations that confined ancient Athenian democracy to a single city also limited the scope of the Spartan political experiment. After winning the Peloponnesian War, Sparta installed military garrisons and pro-Spartan governments in numerous Greek cities, requiring them to follow its lead in foreign policy and sometimes also pay tribute. But unlike the U.S.S.R. after World War II, Sparta after the Peloponnesian War did not try to expand or export its system. Sparta couldn’t construct an information network big and dense enough to control the lives of ordinary people in every Greek town and village.65

    A much more ambitious totalitarian project might have been launched by the Qin dynasty in ancient China (221–206 BCE). After defeating all the other Warring States, the Qin ruler Qin Shi Huang controlled a huge empire with tens of millions of subjects, who belonged to numerous different ethnic groups, spoke diverse languages, and were loyal to various local traditions and elites. To cement its power, the victorious Qin regime tried to dismantle any regional powers that might challenge its authority. It confiscated the lands and wealth of local aristocrats and forced regional elites to move to the imperial capital of Xiangyang, thereby separating them from their power base and monitoring them more easily.

    The Qin regime also embarked on a ruthless campaign of centralization and homogenization. It created a new simplified script to be used throughout the empire and standardized coinage, weights, and measurements. It built a road network radiating out of Xiangyang, with standardized rest houses, relay stations, and military checkpoints. People needed written permits in order to enter or leave the capital region or frontier zones. Even the width of axles was standardized to ensure that carts and chariots could run in the same ruts.

    Every action, from tilling fields to getting married, was supposed to serve some military need, and the type of military discipline that Rome reserved for the legions was imposed by the Qin on the entire population. The envisioned reach of this system can be exemplified by one Qin law that specified the punishment an official faced if he neglected a granary under his supervision. The law discusses the number of rat holes in the granary that would warrant fining or berating the official. “For three or more rat holes the fine is [the purchase of] one shield [for the army] and for two or fewer [the responsible official] is berated. Three mouse holes are equal to one rat hole.”66

    To facilitate this totalitarian system, the Qin attempted to create a militarized social order. Every male subject had to belong to a five-man unit. These units were aggregated into larger formations, from local hamlets (li), through cantons (xiang) and counties (xian), all the way to the large imperial commanderies (jun). People were forbidden to change their residence without permit, to the extent that guests could not even stay overnight at a friend’s house without proper identification and authorization.

    Every Qin male subject was also given a rank, just as every soldier in an army has a rank. Obedience to the state resulted in promotion to higher ranks, which brought with it economic and legal privileges, while disobedience could result in demotion or punishment. People in each formation were supposed to supervise one another, and if any individual committed some misdeed, all could be punished for it. Anyone who failed to report a criminal—even their own relatives—would be killed. Those who reported crimes were rewarded with higher ranks and other perks.

    It is highly questionable to what extent the regime managed to implement all these totalitarian measures. Bureaucrats writing documents in a government office often invent elaborate rules and regulations, which then turn out to be impractical. Did conscientious government officials really go around the entire Qin Empire counting rat holes in every granary? Were peasants in every remote mountain hamlet really organized into five-man squads? Probably not. Nevertheless, the Qin Empire outdid other ancient empires in its totalitarian ambitions.

    The Qin regime even tried to control what its subjects were thinking and feeling. During the Warring States period Chinese thinkers were relatively free to develop myriad ideologies and philosophies, but the Qin adopted the doctrine of Legalism as the official state ideology. Legalism posited that humans were naturally greedy, cruel, and egotistical. It emphasized the need for strict control, argued that punishments and rewards were the most effective means of control, and insisted that state power not be curtailed by any moral consideration. Might was right, and the good of the state was the supreme good.67 The Qin proscribed other philosophies, such as Confucianism and Daoism, which believed humans were more altruistic and which emphasized the importance of virtue rather than violence.68 Books espousing such soft views were banned, as well as books that contradicted the official Qin version of history.

    When one scholar argued that Qin Shi Huang should emulate the founder of the ancient Zhou dynasty and decentralize state power, the Qin chief minister, Li Si, countered that scholars should stop criticizing present-day institutions by idealizing the past. The regime ordered the confiscation of all books that romanticized antiquity or otherwise criticized the Qin. Such problematic texts were stored in the imperial library and could be studied only by official scholars.69

    The Qin Empire was probably the most ambitious totalitarian experiment in human history prior to the modern age, and its scale and intensity would prove to be its ruin. The attempt to regiment tens of millions of people along military lines, and to monopolize all resources for military purposes, led to severe economic problems, wastefulness, and popular resentment. The regime’s draconian laws, along with its hostility to regional elites and its voracious appetite for taxes and recruits, fanned the flames of this resentment even further. Meanwhile, the limited resources of an ancient agrarian society couldn’t support all the bureaucrats and soldiers that the Qin needed to contain this resentment, and the low efficiency of their information technology made it impossible to control every town and village from distant Xiangyang. Not surprisingly, in 209 BCE a series of revolts broke out, led by regional elites, disgruntled commoners, and even some of the empire’s own newly minted officials.

    According to one account, the first serious revolt started when a group of conscripted peasants sent to work in a frontier zone were delayed by rain and flooding. They feared they would be executed for this dereliction of duty, and felt they had nothing to lose. They were quickly joined by numerous other rebels. Just fifteen years after reaching the apogee of power, the Qin Empire collapsed under the weight of its totalitarian ambitions, splintering into eighteen kingdoms.

    After several years of war, a new dynasty—the Han—reunited the empire. But the Han then adopted a more realistic, less draconian attitude. Han emperors were certainly autocratic, but they were not totalitarian. They did not recognize any limits on their authority, but they did not try to micromanage everyone’s lives. Instead of following Legalist ideas of surveillance and control, the Han turned to Confucian ideas of encouraging people to act loyally and responsibly out of inner moral convictions. Like their contemporaries in the Roman Empire, Han emperors sought to control only some aspects of society from the center, while leaving considerable autonomy to provincial aristocrats and local communities. Due largely to the limitations imposed by the available information technology, premodern large-scale polities like the Roman and Han Empires gravitated toward nontotalitarian autocracy.70 Full-blown totalitarianism might have been dreamed about by the likes of the Qin, but its implementation had to wait for the development of modern technology.

    THE TOTALITARIAN TRINITY

    Just as modern technology enabled large-scale democracy, it also made large-scale totalitarianism possible. Beginning in the nineteenth century, the rise of industrial economies allowed governments to employ many more administrators, and new information technologies—such as the telegraph and radio—made it possible to quickly connect and supervise all these administrators. This facilitated an unprecedented concentration of information and power, for those who dreamed about such things.

    When the Bolsheviks seized control of Russia after the 1917 revolution, they were driven by exactly such a dream. The Bolsheviks craved unlimited power because they believed they had a messianic mission. Marx taught that for millennia, all human societies were dominated by corrupt elites who oppressed the people. The Bolsheviks claimed they knew how to finally end all oppression and create a perfectly just society on earth. But to do so, they had to overcome numerous enemies and obstacles, which, in turn, required all the power they could get. They refused to countenance any self-correcting mechanisms that might question either their vision or their methods. Like the Catholic Church, the Bolshevik Party was convinced that though its individual members might err, the party itself was always right. Belief in their own infallibility led the Bolsheviks to destroy Russia’s nascent democratic institutions—like elections, independent courts, the free press, and opposition parties—and to create a one-party totalitarian regime. Bolshevik totalitarianism did not start with Stalin. It was evident from the very first days of the revolution. It stemmed from the doctrine of party infallibility, rather than from the personality of Stalin.

    In the 1930s and 1940s, Stalin perfected the totalitarian system he inherited. The Stalinist network was composed of three main branches. First, there was the governmental apparatus of state ministries, regional administrations, and regular Red Army units, which in 1939 comprised 1.6 million civilian officials71 and 1.9 million soldiers.72 Second, there was the apparatus of the Communist Party of the Soviet Union and its ubiquitous party cells, which in 1939 included 2.4 million party members.73 Third, there was the secret police: first known as the Cheka, in Stalin’s days it was called the OGPU, NKVD, and MGB, and after Stalin’s death it morphed into the KGB. Its post-Soviet successor organization is known since 1995 as the FSB. In 1937, the NKVD had 270,000 agents and millions of informers.74

    The three branches operated in parallel. Just as democracy is maintained by having overlapping self-correcting mechanisms that keep each other in check, modern totalitarianism created overlapping surveillance mechanisms that keep each other in order. The governor of a Soviet province was constantly watched by the local party commissar, and neither of them knew who among their staff was an NKVD informer. A testimony to the effectiveness of the system is that modern totalitarianism largely solved the perennial problem of premodern autocracies—revolts by provincial subordinates. While the U.S.S.R. had its share of court coups, not once did a provincial governor or a Red Army front commander rebel against the center.75 Much of the credit for that goes to the secret police, which kept a close eye on the mass of citizens, on provincial administrators, and even more so on the party and the Red Army.

    While in most polities throughout history the army had wielded enormous political power, in twentieth-century totalitarian regimes the regular army ceded much of its clout to the secret police—the information army. In the U.S.S.R., the Cheka, OGPU, NKVD, and KGB lacked the firepower of the Red Army, but had more influence in the Kremlin and could terrorize and purge even the army brass. The East German Stasi and the Romanian Securitate were similarly stronger than the regular armies of these countries.76 In Nazi Germany, the SS was more powerful than the Wehrmacht, and the SS chief, Heinrich Himmler, was higher up the pecking order than Wilhelm Keitel, chief of the Wehrmacht high command.

    In none of these cases could the secret police defeat the regular army in traditional warfare, of course; what made the secret police powerful was its command of information. It had the information necessary to preempt a military coup and to arrest the commanders of tank brigades or fighter squadrons before they knew what hit them. During the Stalinist Great Terror of the late 1930s, out of 144,000 Red Army officers about 10 percent were shot or imprisoned by the NKVD. This included 154 of 186 divisional commanders (83 percent), eight of nine admirals (89 percent), thirteen of fifteen full generals (87 percent), and three of five marshals (60 percent).77

    The party leadership fared just as badly. Of the revered Old Bolsheviks, people who joined the party before the 1917 revolution, about a third didn’t survive the Great Terror.78 Of the thirty-three men who served on the Politburo between 1919 and 1938, fourteen were shot (42 percent). Of the 139 members and candidate members of the party’s Central Committee in 1934, 98 (70 percent) were shot. Only 2 percent of the delegates who took part in the Seventeenth Party Congress in 1934 evaded execution, imprisonment, expulsion, or demotion, and attended the Eighteenth Party Congress in 1939.79

    The secret police—which did all the purging and killing—was itself divided into several competing branches that closely watched and purged each other. Genrikh Yagoda, the NKVD head who orchestrated the beginning of the Great Terror and supervised the killing of hundreds of thousands of victims, was executed in 1938 and replaced by Nikolai Yezhov. Yezhov lasted for two years, killing and imprisoning millions of people before being executed in 1940.

    Perhaps most telling is the fate of the thirty-nine people who in 1935 held the rank of general in the NKVD (called commissars of state security in Soviet nomenclature). Thirty-five of them (90 percent) were arrested and shot by 1941, one was assassinated, and one—the head of the NKVD’s Far East regional office—saved himself by defecting to Japan, but was killed by the Japanese in 1945. Of the original cohort of thirty-nine NKVD generals, only two men were left standing by the end of World War II. The remorseless logic of totalitarianism eventually caught up with them too. During the power struggles that followed Stalin’s death in 1953, one of them was shot, while the other was consigned to a psychiatric hospital, where he died in 1960.80 Serving as an NKVD general in Stalin’s day was one of the most dangerous jobs in the world. At a time when American democracy was improving its many self-correcting mechanisms, Soviet totalitarianism was refining its triple self-surveilling and self-terrorizing apparatus.

    TOTAL CONTROL

    Totalitarian regimes are based on controlling the flow of information and are suspicious of any independent channels of information. When military officers, state officials, or ordinary citizens exchange information, they can build trust. If they come to trust each other, they can organize resistance to the regime. Therefore, a key tenet of totalitarian regimes is that wherever people meet and exchange information, the regime should be there too, to keep an eye on them. In the 1930s, this was one principle that Hitler and Stalin shared.

    On March 31, 1933, two months after Hitler became chancellor, the Nazis passed the Coordination Act (Gleichschaltungsgesetz). This stipulated that by April 30, 1933, all political, social, and cultural organizations throughout Germany—from municipalities to football clubs and local choirs—must be run according to Nazi ideology, as organs of the Nazi state. It upended life in every city and hamlet in Germany.

    For example, in the small Alpine village of Oberstdorf, the democratically elected municipal council met for the last time on April 21, 1933, and three days later it was replaced by an unelected Nazi council that appointed a Nazi mayor. Since the Nazis alone allegedly knew what the people really wanted, who other than Nazis could implement the people’s will? Oberstdorf also had about fifty associations and clubs, ranging from a beekeeping society to an alpinist club. They all had to conform to the Coordination Act, adjusting their boards, membership, and statutes to Nazi demands, hoisting the swastika flag, and concluding every meeting with the “Horst Wessel Song,” the Nazi Party’s anthem. On April 6, 1933, the Oberstdorf fishing society banned Jews from its ranks. None of the thirty-two members was Jewish, but they felt they had to prove their Aryan credentials to the new regime.81

    Things were even more extreme in Stalin’s U.S.S.R. Whereas the Nazis still allowed church organizations and private businesses some partial freedom of action, the Soviets made no exceptions. By 1928 and the launch of the first Five-Year Plan, there were government officials, party functionaries, and secret police informants in every neighborhood and village, and between them they controlled every aspect of life: all businesses from power plants to cabbage farms; all newspapers and radio stations; all universities, schools, and youth groups; all hospitals and clinics; all voluntary and religious organizations; all sporting and scientific associations; all parks, museums, and cinemas.

    If a dozen people came together to play football, hike in the woods, or do some charity work, the party and the secret police had to be there too, represented by the local party cell or NKVD agent. The speed and efficiency of modern information technology meant that all these party cells and NKVD agents were always just a telegram or phone call away from Moscow. Information about suspicious persons and activities was fed into a countrywide, cross-referenced system of card catalogs. Known as kartoteki, these catalogs contained information from work records, police files, residence cards, and other forms of social registrations and, by the 1930s, had become the primary mechanism for surveilling and controlling the Soviet population.82

    This made it feasible for Stalin to seek control over the totality of Soviet life. One crucial example was the campaign to collectivize Soviet farming. For centuries, economic, social, and private life in the thousands of villages of the sprawling Tsarist Empire was managed by several traditional institutions: the local commune, the parish church, the private farm, the local market, and above all the family. In the mid-1920s, the Soviet Union was still an overwhelmingly agrarian economy. About 82 percent of the total population lived in villages, and 83 percent of the workforce was engaged in farming.83 But if each peasant family made its own decisions about what to grow, what to buy, and how much to charge for their produce, it greatly limited the ability of Moscow officials to themselves plan and control social and economic activities. What if the officials decided on a major agrarian reform, but the peasant families rejected it? So when in 1928 the Soviets came up with their first Five-Year Plan for the development of the Soviet Union, the most important item on the agenda was to collectivize farming.

    The idea was that in every village all the families would join a kolkhoz—a collective farm. They would hand over to the kolkhoz all their property—land, houses, horses, cows, shovels, pitchforks. They would work together for the kolkhoz, and in return the kolkhoz would provide for all their needs, from housing and education to food and health care. The kolkhoz would also decide—based on orders from Moscow—whether they should grow cabbages or turnips; whether to invest in a tractor or a school; and who would work in the dairy farm, the tannery, and the clinic. The result, thought the Moscow masterminds, would be the first perfectly just and equal society in human history.

    They were similarly convinced of the economic advantages of their proposed system, thinking that the kolkhoz would enjoy economy of scale. For example, when every peasant family had but a small strip of land, it made little sense to buy a tractor to plow it, and in any case most families couldn’t afford a tractor. Once all land was held communally, it could be cultivated far more efficiently using modern machinery. In addition, the kolkhoz was supposed to benefit from the wisdom of modern science. Instead of every peasant deciding on production methods on the basis of old traditions and groundless superstitions, state experts with university degrees from institutions like the Lenin All-Union Academy of Agricultural Sciences would make the crucial decisions.

    To the planners in Moscow, it sounded wonderful. They expected a 50 percent increase in agricultural production by 1931.84 And if in the process the old village hierarchies and inequalities were bulldozed, all the better. To most peasants, however, it sounded terrible. They didn’t trust the Moscow planners or the new kolkhoz system. They did not want to give up their old way of life or their private property. Villagers slaughtered cows and horses instead of handing them to the kolkhoz. Their motivation to work dwindled. People made less effort plowing fields that belonged to everyone than plowing fields that belonged to their own family. Passive resistance was ubiquitous, sometimes flaring into violent clashes. Whereas Soviet planners expected to harvest ninety-eight million tons of grain in 1931, production was only sixty-nine million, according to official data, and might have been as low as fifty-seven million tons in reality. The 1932 harvest was even worse.85

    The state reacted with fury. Between 1929 and 1936, food confiscation, government neglect, and man-made famines (resulting from government policy rather than a natural disaster) claimed the lives of between 4.5 and 8.5 million people.86 Millions of additional peasants were declared enemies of the state and deported or imprisoned. The most basic institutions of peasant life—the family, the church, the local community—were terrorized and dismantled. In the name of justice, equality, and the will of the people, the collectivization campaign annihilated anything that stood in its way. In the first two months of 1930 alone, about 60 million peasants in more than 100,000 villages were herded into collective farms.87 In June 1929, only 4 percent of Soviet peasant households had belonged to collective farms. By March 1930 the figure had risen to 57 percent. By April 1937, 97 percent of households in the countryside had been confined to the 235,000 Soviet collective farms.88 In just seven years, then, a way of life that had existed for centuries had been replaced by the totalitarian brainchild of a few Moscow bureaucrats.

    THE KULAKS

    It is worthwhile to delve a little deeper into the history of Soviet collectivization. For it was a tragedy that bears some resemblance to earlier catastrophes in human history—like the European witch-hunt craze—and at the same time foreshadows some of the biggest dangers posed by twenty-first-century technology and its faith in supposedly scientific data.

    When their efforts to collectivize farming encountered resistance and led to economic disaster, Moscow bureaucrats and mythmakers took a page from Kramer’s Hammer of the Witches. I don’t wish to imply the Soviets actually read the book, but they too invented a global conspiracy and created an entire non-existing category of enemies. In the 1930s Soviet authorities repeatedly blamed the disasters afflicting the Soviet economy on a counterrevolutionary cabal whose chief agents were the “kulaks” or “capitalist farmers.” Just as in Kramer’s imagination witches serving Satan conjured hailstorms that destroyed crops, so in the Stalinist imagination kulaks beholden to global capitalism sabotaged the Soviet economy.

    In theory, kulaks were an objective socioeconomic category, defined by analyzing empirical data on things like property, income, capital, and wages. Soviet officials could allegedly identify kulaks by counting things. If most people in a village had only one cow, then the few families who had three cows were considered kulaks. If most people in a village didn’t hire any labor, but one family hired two workers during harvest time, this was a kulak family. Being a kulak meant not only that you possessed a certain amount of property but also that you possessed certain personality traits. According to the supposedly infallible Marxist doctrine, people’s material conditions determined their social and spiritual character. Since kulaks allegedly engaged in capitalist exploitation, it was a scientific fact (according to Marxist thinking) that they were greedy, selfish, and unreliable—and so were their children. Discovering that someone was a kulak ostensibly revealed something profound about their fundamental nature.

    On December 27, 1929, Stalin declared that the Soviet state should seek “the liquidation of the kulaks as a class,”89 and immediately galvanized the party and the secret police to realize that ambitious and murderous aim. Early modern European witch-hunters worked in autocratic societies that lacked modern information technology; therefore, it took them three centuries to kill fifty thousand alleged witches. In contrast, Soviet kulak hunters were working in a totalitarian society that had at its disposal technologies such as telegraphs, trains, telephones, and radios—as well as a sprawling bureaucracy. They decided that two years would suffice to “liquidate” millions of kulaks.90

    Soviet officials began by assessing how many kulaks there must be in the U.S.S.R. Based on existing data—such as tax records, employment records, and the 1926 Soviet census—they decided that kulaks constituted 3–5 percent of the rural population.91 On January 30, 1930, just one month after Stalin’s speech, a Politburo decree translated his vague vision into a much more detailed plan of action. The decree included target numbers for the liquidation of kulaks in each major agricultural region.92 Regional authorities then made their own estimates of the number of kulaks in each county under their jurisdiction. Eventually, specific quotas were assigned to rural soviets (local administrative units, typically comprising a handful of villages). Often, local officials inflated the numbers along the way, to prove their zeal. Each rural soviet then had to identify the stated number of kulak households in the villages under its purview. These people were expelled from their homes, and—according to the administrative category to which they belonged—resettled elsewhere, incarcerated in concentration camps, or condemned to death.93

    How exactly did Soviet officials tell who was a kulak? In some villages, local party members made a conscientious effort to identify kulaks by objective measures, such as the amount of property they owned. It was often the most hardworking and efficient farmers who were stigmatized and expelled. In some villages local communists used the opportunity to get rid of their personal enemies. Some villages simply drew lots on who would be considered a kulak. Other villages held communal meetings to vote on the matter and often chose isolated farmers, widows, old people, and other “expendables” (exactly the sorts of people who in early modern Europe were most likely to be branded witches).94

    The absurdity of the entire operation is manifested in the case of the Streletsky family from the Kurgan region of Siberia. Dmitry Streletsky, who was then a teenager, recalled years later how his family was branded kulaks and selected for liquidation. “Serkov, the chairman of the village Soviet who deported us, explained: ‘I have received an order [from the district party committee] to find 17 kulak families for deportation. I formed a Committee of the Poor and we sat through the night to choose the families. There is no one in the village who is rich enough to qualify, and not many old people, so we simply chose the 17 families. You were chosen. Please don’t take it personally. What else could I do?’ ”95 If anyone dared object to the madness of the system, they were promptly denounced as kulaks and counterrevolutionaries and would themselves be liquidated.

    Altogether, some five million kulaks would be expelled from their homes by 1933. As many as thirty thousand heads of households were shot. The more fortunate victims were resettled in their district of origin or became vagrant workers in the big cities, while about two million were either exiled to remote inhospitable regions or incarcerated as state slaves in labor camps.96 Numerous important and notorious state projects—such as the construction of the White Sea Canal and the development of mines in the Arctic regions—were accomplished with the labor of millions of prisoners, many of them kulaks. It was one of the fastest and largest enslavement campaigns in human history.97 Once branded a kulak, a person could not get rid of the stigma. Government agencies, party organs, and secret police documents recorded who was a kulak in a labyrinthian system of kartoteki catalogs, archives, and internal passports.

    Kulak status even passed to the next generation, with devastating consequences. Kulak children were refused entrance to communist youth groups, the Red Army, universities, and prestigious areas of employment.98 In her 1997 memoirs, Antonina Golovina recalled how her family was deported from their ancestral village as kulaks and sent to live in the town of Pestovo. The boys in her new school regularly taunted her. On one occasion, a senior teacher told the eleven-year-old Antonina to stand up in front of all the other children, and began abusing her mercilessly, shouting that “her sort were enemies of the people, wretched kulaks! You certainly deserved to be deported, I hope you’re all exterminated!” Antonina wrote that this was the defining moment of her life. “I had this feeling in my gut that we [kulaks] were different from the rest, that we were criminals.” She never got over it.99

    Like the ten-year-old “witch” Hansel Pappenheimer, the eleven-year-old “kulak” Antonina Golovina found herself cast into an intersubjective category invented by human mythmakers and imposed by ubiquitous bureaucrats. The mountains of information collected by Soviet bureaucrats about the kulaks wasn’t the objective truth about them, but it imposed a new intersubjective Soviet truth. Knowing that someone was a kulak was one of the most important things to know about a Soviet person, even though the label was entirely bogus.

    ONE BIG HAPPY SOVIET FAMILY

    The Stalinist regime would go on to attempt something even more ambitious than the mass dismantling of private family farms. It set out to dismantle the family itself. Unlike Roman emperors or Russian tsars, Stalin tried to insert himself even into the most intimate human relationships, coming between parents and children. Family ties were considered the bedrock of corruption, inequality, and antiparty activities. Soviet children were therefore taught to worship Stalin as their real father and to inform on their biological parents if they criticized Stalin or the Communist Party.

    Starting in 1932, the Soviet propaganda machine created a veritable cult around the figure of Pavlik Morozov—a thirteen-year-old boy from the Siberian village of Gerasimovka. In autumn 1931, Pavlik informed the secret police that his father, Trofim—the chairman of the village soviet—was selling false papers to kulak exiles. During the subsequent trial, when Trofim shouted to Pavlik, “It’s me, your father,” the boy retorted, “Yes, he used to be my father, but I no longer consider him my father.” Trofim was sent to a labor camp and later shot. In September 1932, Pavlik was found murdered, and Soviet authorities arrested and executed five of his family members, who allegedly killed him in revenge for the denunciation. The real story was far more complicated, but it didn’t matter to the Soviet press. Pavlik became a martyr, and millions of Soviet children were taught to emulate him.100 Many did.

    For example, in 1934 a thirteen-year-old boy called Pronia Kolibin told the authorities that his hungry mother stole grain from the kolkhoz fields. His mother was arrested and presumably shot. Pronia was rewarded with a cash prize and a lot of positive media attention. The party organ Pravda published a poem Pronia wrote. Two of its lines read, “You are a wrecker, Mother / I can live with you no more.”101

    The Soviet attempt to control the family was reflected in a dark joke told in Stalin’s day. Stalin visits a factory undercover, and conversing with a worker, he asks the man, “Who is your father?”
    “Stalin,” replies the worker.
    “Who is your mother?”
    “The Soviet Union,” the man responds.
    “And what do you want to be?”
    “An orphan.”102

    At the time you could easily lose your liberty or your life for telling this joke, even if you told it in your own home to your closest family members. The most important lesson Soviet parents taught their children wasn’t loyalty to the party or to Stalin. It was “keep your mouth shut.”103 Few things in the Soviet Union were as dangerous as holding an open conversation.

    PARTY AND CHURCH

    You may wonder whether modern totalitarian institutions like the Nazi Party or the Soviet Communist Party were really all that different from earlier institutions like the Christian churches. After all, churches too believed in their infallibility, had priestly agents everywhere, and sought to control the daily life of people down to their diet and sexual habits. Shouldn’t we see the Catholic Church or the Eastern Orthodox Church as totalitarian institutions? And doesn’t this undermine the thesis that totalitarianism was made possible only by modern information technology?

    There are, however, several major differences between modern totalitarianism and premodern churches. First, as noted earlier, modern totalitarianism has worked by deploying several overlapping surveillance mechanisms that keep each other in order. The party is never alone; it works alongside state organs, on the one side, and the secret police, on the other. In contrast, in most medieval European kingdoms the Catholic Church was an independent institution that often clashed with the state institutions instead of reinforcing them. Consequently, the church was perhaps the most important check on the power of European autocrats.

    For example, when in the “Investiture Controversy” of the 1070s the emperor Henry IV asserted that as emperor he had the final say on the appointment of bishops, abbots, and other important church officials, Pope Gregory VII mobilized resistance and eventually forced the emperor to surrender. On January 25, 1077, Henry reached Canossa castle, where the pope was lodging, to offer his submission and apology. The pope refused to open the gates, and Henry waited in the snow outside, barefoot and hungry. After three days, the pope finally opened the gates to the emperor, who begged forgiveness.104

    An analogous clash in a modern totalitarian country is unthinkable. The whole idea of totalitarianism is to prevent any separation of powers. In the Soviet Union, state and party reinforced each other, and Stalin was the de facto head of both. There could be no Soviet “Investiture Controversy,” because Stalin had final say about all appointments to both party positions and state functions. He decided both who would be general secretary of the Communist Party of Georgia and who would be foreign minister of the Soviet Union.

    Another important difference is that medieval churches tended to be traditionalist organizations that resisted change, while modern totalitarian parties have tended to be revolutionary organizations demanding change. A premodern church built its power gradually by developing its structure and traditions over centuries. A king or a pope who wanted to swiftly revolutionize society was therefore likely to encounter stiff resistance from church members and ordinary believers.

    For example, in the eighth and ninth centuries a series of Byzantine emperors sought to forbid the veneration of icons, which seemed to them idolatrous. They pointed to many passages in the Bible, most notably the Second Commandment, that forbade making any graven images. While Christian churches traditionally interpreted the Second Commandment in a way that allowed the veneration of icons, emperors like Constantine V argued that this was a mistake and that disasters like Christian defeats by the armies of Islam were due to God’s wrath over the worship of icons. In 754 more than three hundred bishops assembled in the Council of Hieria to support Constantine’s iconoclastic position.

    Compared with Stalin’s collectivization campaign, this was a minor reform. Families and villages were required to give up their icons, but not their private property or their children. Yet Byzantine iconoclasm met with widespread resistance. Unlike the participants in the Council of Hieria, many ordinary priests, monks, and believers were deeply attached to their icons. The resulting struggle ripped apart Byzantine society until the emperors conceded defeat and reversed course.105 Constantine V was later vilified by Byzantine historians as “Constantine the Shitty” (Koprónimos), and a story was spread about him that he defecated during his baptism.106

    Unlike premodern churches, which developed slowly over many centuries and therefore tended to be conservative and suspicious of rapid changes, modern totalitarian parties like the Nazi Party and the Soviet Communist Party were organized within a single generation around the promise to quickly revolutionize society. They didn’t have centuries-old traditions and structures to defend. When their leaders conceived some ambitious plan to smash existing traditions and structures, party members typically fell in line.

    Perhaps most important of all, premodern churches could not become tools of totalitarian control because they themselves suffered from the same limitations as all other premodern organizations. While they had local agents everywhere, in the shape of parish priests, monks, and itinerant preachers, the difficulty of transmitting and processing information meant that church leaders knew little about what was going on in remote communities, and local priests had a large degree of autonomy. Consequently, churches tended to be local affairs. People in every province and village often venerated local saints, upheld local traditions, performed local rites, and might even have had local doctrinal ideas that differed from the official line.107 If the pope in Rome wanted to do something about an independent-minded priest in a remote Polish parish, he had to send a letter to the archbishop of Gniezno, who had to instruct the relevant bishop, who had to send someone to intervene in the parish. That might take months, and there was ample opportunity for the archbishop, bishop, and other intermediaries to reinterpret or even “mislay” the pope’s orders.108

    Churches became more totalitarian institutions only in the late modern era, when modern information technologies became available. We tend to think of popes as medieval relics, but actually they are masters of modern technology. In the eighteenth century, the pope had little control over the worldwide Catholic Church and was reduced to the status of a local Italian princeling, fighting other Italian powers for control of Bologna or Ferrara. With the advent of radio, popes became some of the most powerful people on the planet. Pope John Paul II could sit in the Vatican and speak directly to millions of Catholics from Poland to the Philippines, without any archbishop, bishop, or parish priest able to twist or hide his words.109

    HOW INFORMATION FLOWS

    We see then that the new information technology of the late modern era gave rise to both large-scale democracy and large-scale totalitarianism. But there were crucial differences between how the two systems used information technology. As noted earlier, democracy encourages information to flow through many independent channels rather than only through the center, and it allows many independent nodes to process the information and make decisions by themselves. Information freely circulates between private businesses, private media organizations, municipalities, sports associations, charities, families, and individuals—without ever passing through the office of a government minister.

    In contrast, totalitarianism wants all information to pass through the central hub and doesn’t want any independent institutions making decisions on their own. True, totalitarianism does have its tripartite apparatus of government, party, and secret police. But the whole point of this parallel apparatus is to prevent the emergence of any independent power that might challenge the center. When government officials, party members, and secret police agents constantly keep tabs on one another, opposing the center is extremely dangerous.

    As contrasting types of information networks, democracy and totalitarianism both have their advantages and disadvantages. The biggest advantage of the centralized totalitarian network is that it is extremely orderly, which means it can make decisions quickly and enforce them ruthlessly. Especially during emergencies like wars and epidemics, centralized networks can move much faster and further than distributed networks.

    But hyper-centralized information networks also suffer from several big disadvantages. Since they don’t allow information to flow anywhere except through the official channels, if the official channels are blocked, the information cannot find an alternative means of transmission. And official channels are often blocked.

    One common reason why official channels might be blocked is that fearful subordinates hide bad news from their superiors. In Jaroslav Hašek’s Good Soldier Švejk—a satirical novel about the Austro-Hungarian Empire during World War I—Hašek describes how the Austrian authorities were worried about waning morale among the civilian population. They therefore bombarded local police stations with orders to hire informers, collect data, and report to headquarters on the population’s loyalty. To be as scientific as possible, headquarters invented an ingenious loyalty grade: I.a, I.b, I.c; II.a, II.b, II.c; III.a, III.b, III.c; IV.a, IV.b, IV.c. They sent to the local police stations detailed explanations about each grade, and an official form that had to be filled daily. Police sergeants across the country dutifully filled out the forms and sent them back to headquarters. Without exception, all of them always reported a I.a morale level; to do otherwise was to invite rebuke, demotion, or worse.110

    Another common reason why official channels fail to pass on information is to preserve order. Because the chief aim of totalitarian information networks is to produce order rather than discover truth, when alarming information threatens to undermine social order, totalitarian regimes often suppress it. It is relatively easy for them to do so, because they control all the information channels.

    For example, when the Chernobyl nuclear reactor exploded on April 26, 1986, Soviet authorities suppressed all news of the disaster. Both Soviet citizens and foreign countries were kept oblivious of the danger, and so took no steps to protect themselves from radiation. When some Soviet officials in Chernobyl and the nearby town of Pripyat requested to immediately evacuate nearby population centers, their superiors’ chief concern was to avoid the spread of alarming news, so they not only forbade evacuation but also cut the phone lines and warned employees in the nuclear facility not to talk about the disaster.

    Two days after the meltdown Swedish scientists noticed that radiation levels in Sweden, more than twelve hundred kilometers from Chernobyl, were abnormally high. Only after Western governments and the Western press broke the news did the Soviets acknowledge that anything was amiss. Even then they continued to hide from their own citizens the full magnitude of the catastrophe and hesitated to request advice and assistance from abroad. Millions of people in Ukraine, Belarus, and Russia paid with their health. When the Soviet authorities later investigated the disaster, their priority was to deflect blame rather than understand the causes and prevent future accidents.111

    In 2019, I went on a tour of Chernobyl. The Ukrainian guide who explained what led to the nuclear accident said something that stuck in my mind. “Americans grow up with the idea that questions lead to answers,” he said. “But Soviet citizens grew up with the idea that questions lead to trouble.”

    Naturally, leaders of democratic countries also don’t relish bad news. But in a distributed democratic network, when official lines of communication are blocked, information flows through alternative channels. For example, if an American official decides against telling the president about an unfolding disaster, that news will nevertheless be published by The Washington Post, and if The Washington Post too deliberately withholds the information, The Wall Street Journal or The New York Times will break the story. The business model of independent media—forever chasing the next scoop—all but guarantees publication.

    When, on March 28, 1979, there was a severe accident in the Three Mile Island nuclear reactor in Pennsylvania, the news quickly spread without any need for international intervention. The accident began around 4:00 a.m. and was noticed by 6:30 a.m. An emergency was declared in the facility at 6:56, and at 7:02 the accident was reported to the Pennsylvania Emergency Management Agency. During the following hour the governor of Pennsylvania, the lieutenant governor, and the civil defense authorities were informed. An official press conference was scheduled for 10:00 a.m. However, a traffic reporter at a local Harrisburg radio station picked up a police notice on events, and the station aired a brief report at 8:25 a.m. In the U.S.S.R. such an initiative by an independent radio station was unthinkable, but in the United States it was unremarkable. By 9:00 a.m. the Associated Press issued a bulletin. Though it took days for the full details to emerge, American citizens learned about the accident two hours after it was first noticed. Subsequent investigations by government agencies, NGOs, academics, and the press uncovered not just the immediate causes of the accident but also its deeper structural causes, which helped improve the safety of nuclear technology worldwide. Indeed, some of the lessons of Three Mile Island, which were openly shared even with the Soviets, contributed to mitigating the Chernobyl disaster.112

    NOBODY’S PERFECT

    Totalitarian and authoritarian networks face other problems besides blocked arteries. First and foremost, as we have already established, their self-correcting mechanisms tend to be very weak. Since they believe they are infallible, they see little need for such mechanisms, and since they are afraid of any independent institution that might challenge them, they lack free courts, media outlets, or research centers. Consequently, there is nobody to expose and correct the daily abuses of power that characterize all governments. The leader may occasionally proclaim an anticorruption campaign, but in nondemocratic systems these often turn out to be little more than a smoke screen for one regime faction to purge another faction.113

    And what happens if the leader himself embezzles public funds or makes some disastrous policy mistake? Nobody can challenge the leader, and on his own initiative the leader—being a human being—may well refuse to admit any mistakes. Instead, he is likely to blame all problems on “foreign enemies,” “internal traitors,” or “corrupt subordinates” and demand even more power in order to deal with the alleged malefactors.

    For example, we mentioned in the previous chapter that Stalin adopted the bogus theory of Lysenkoism as the state doctrine on evolution. The results were catastrophic. Neglect of Darwinian models, and attempts by Lysenkoist agronomists to create super-crops, set back Soviet genetic research for decades and undermined Soviet agriculture. Soviet experts who suggested abandoning Lysenkoism and accepting Darwinism risked the gulag or a bullet to the head. Lysenkoism’s legacy haunted Soviet science and agronomy for decades and was one reason why by the early 1970s the U.S.S.R. ceased to be a major exporter of grain and became a net importer, despite its vast fertile lands.114

    The same dynamic characterized many other fields of activity. For instance, during the 1930s Soviet industry suffered from numerous accidents. This was largely the fault of the Soviet bosses in Moscow, who set up almost impossible goals for industrialization and viewed any failure to achieve them as treason. In the effort to fulfill the ambitious goals, safety measures and quality-control checks were abandoned, and experts who advised prudence were often reprimanded or shot. The result was a wave of industrial accidents, dysfunctional products, and wasted efforts. Instead of taking responsibility, Moscow concluded that this must be the handiwork of the global Trotskyite-imperialist conspiracy of saboteurs and terrorists bent on derailing the Soviet enterprise. Rather than slow down and adopt safety regulations, the bosses redoubled the terror and shot more people.

    A famous case in point was Pavel Rychagov. He was one of the best and bravest Soviet pilots, leading missions to help the Republicans in the Spanish Civil War and the Chinese against the Japanese invasion. He quickly rose through the ranks, becoming commander of the Soviet air force in August 1940, at age twenty-nine. But the courage that helped Rychagov shoot down Nazi airplanes in Spain landed him in deep trouble in Moscow. The Soviet air force suffered from numerous accidents, which the Politburo blamed on lack of discipline and deliberate sabotage by anti-Soviet conspiracies. Rychagov, however, wouldn’t buy this official line. As a frontline pilot, he knew the truth. He flatly told Stalin that pilots were being forced to operate hastily designed and badly produced airplanes, which he compared to flying “in coffins.” Two days after Hitler invaded the Soviet Union, as the Red Army was collapsing and Stalin was desperately hunting for scapegoats, Rychagov was arrested for “being a member of an anti-Soviet conspiratorial organization and carrying out enemy work aimed at weakening the power of the Red Army.” His wife was also arrested, because she allegedly knew about his “Trotskyist ties with the military conspirators.” They were executed on October 28, 1941.115

    The real saboteur who wrecked Soviet military efforts wasn’t Rychagov, of course, but Stalin himself. For years, Stalin feared that a clash to the death with Nazi Germany was likely and built the world’s biggest war machine to prepare for it. But he hamstrung this machine both diplomatically and psychologically.

    On the diplomatic level, in 1939–41, Stalin gambled that he could goad the “capitalists” to fight and exhaust one another while the U.S.S.R. nurtured and even increased its power. He therefore made a pact with Hitler in 1939 and allowed the Germans to conquer much of Poland and western Europe, while the U.S.S.R. attacked or alienated almost all its neighbors. In 1939–40 the Soviets invaded and occupied eastern Poland; annexed Estonia, Latvia, and Lithuania; and conquered parts of Finland and Romania. Finland and Romania, which could have acted as neutral buffers on the U.S.S.R.’s flanks, consequently became implacable enemies. Even in the spring of 1941, Stalin still refused to make a preemptive alliance with Britain and made no move to hinder the Nazi conquest of Yugoslavia and Greece, thereby losing his last potential allies on the European continent. When Hitler struck on June 22, 1941, the U.S.S.R. was isolated.

    In theory, the war machine Stalin built could have handled the Nazi onslaught even in isolation. The territories conquered since 1939 provided depth to Soviet defenses, and the Soviet military advantage seemed overwhelming. On the first day of the invasion the Soviets had 15,000 tanks, 15,000 warplanes, and 37,000 artillery pieces on the European front, facing 3,300 German tanks, 2,250 warplanes, and 7,146 guns.116 But in one of history’s greatest military catastrophes, within a month the Soviets lost 11,700 tanks (78 percent), 10,000 warplanes (67 percent), and 19,000 artillery pieces (51 percent).117 Stalin also lost all the territories he conquered in 1939–40 and much of the Soviet heartland. By July 16 the Germans were in Smolensk, 370 kilometers from Moscow.

    The causes of the debacle have been debated ever since 1941, but most scholars agree that a significant factor was the psychological costs of Stalinism. For years the regime terrorized its people, punished initiative and individuality, and encouraged submissiveness and conformity. This undermined the soldiers’ motivation. Especially in the first months of the war, before the horrors of Nazi rule were fully realized, Red Army soldiers surrendered in huge numbers; between three and four million were taken captive by the end of 1941.118 Even when they fought tenaciously, Red Army units suffered from a lack of initiative. Officers who had survived the purges were fearful to take independent actions, while younger officers often lacked adequate training. Frequently starved of information and scapegoated for failures, commanders also had to cope with political commissars who could dispute their decisions. The safest course was to wait for orders from on high and then slavishly follow them even when they made little military sense.119

    Despite the disasters of 1941 and of the spring and summer of 1942, the Soviet state did not collapse the way Hitler hoped. As the Red Army and the Soviet leadership assimilated the lessons learned from the first year of struggle, the political center in Moscow loosened its hold. The power of political commissars was restricted, while professional officers were encouraged to assume greater responsibility and take more initiatives.120 Stalin also reversed his geopolitical mistakes of 1939–41 and allied the U.S.S.R. with Britain and the United States. Red Army initiative, Western assistance, and the realization of what Nazi rule would mean for the people of the U.S.S.R. turned the tide of war.

    Once victory was secured in 1945, however, Stalin initiated new waves of terror, purging more independent-minded officers and officials and again encouraging blind obedience.121 Ironically, Stalin’s own death eight years later was partly the result of an information network that prioritized order and disregarded truth. In 1951–53 the U.S.S.R. experienced yet another witch hunt. Soviet mythmakers fabricated a conspiracy theory that Jewish doctors were systematically murdering leading regime members, under the guise of giving them medical care. The theory alleged that the doctors were the agents of a global American-Zionist plot, working in collaboration with traitors in the secret police. By early 1953 hundreds of doctors and secret police officials, including the head of the secret police himself, were arrested, tortured, and forced to name accomplices. The conspiracy theory—a Soviet twist on the Protocols of the Elders of Zion—merged with age-old blood-libel accusations, and rumors began circulating that Jewish doctors were not just murdering Soviet leaders but also killing babies in hospitals. Since a large proportion of Soviet doctors were Jews, people began fearing doctors in general.122

    Just as the hysteria about “the doctors’ plot” was reaching its climax, Stalin had a stroke on March 1, 1953. He collapsed in his dacha, wet himself, and lay for hours in his soiled pajamas, unable to call for help. At around 10:30 p.m. a guard found the courage to enter the inner sanctum of world communism, where he discovered the leader on the floor. By 3:00 a.m. on March 2, Politburo members arrived at the dacha and debated what to do. For several hours more, nobody dared call a doctor. What if Stalin were to regain consciousness, and open his eyes only to see a doctor—a doctor!—hovering over his bed? He would surely think this was a plot to murder him and would have those responsible shot. Stalin’s personal physician wasn’t present, because he was at the time in a basement cell of the Lubyanka prison—undergoing torture for suggesting that Stalin needed more rest. By the time the Politburo members decided to bring in medical experts, the danger had passed. Stalin never woke up.123

    You may conclude from this litany of disasters that the Stalinist system was totally dysfunctional. Its ruthless disregard for truth caused it not only to inflict terrible suffering on hundreds of millions of people but also to make colossal diplomatic, military, and economic errors and to devour its own leaders. However, such a conclusion would be misleading.

    In a discussion of the abysmal failure of Stalinism in the early phase of World War II, two points complicate the narrative. First, democratic countries like France, Norway, and the Netherlands made at the time diplomatic errors as great as those of the U.S.S.R., and their armies performed even worse. Second, the military machine that crushed the Red Army, the French army, the Dutch army, and numerous other armies was itself built by a totalitarian regime. So whatever conclusion we draw from the years 1939–41, it cannot be that totalitarian networks necessarily function worse than democratic ones. The history of Stalinism reveals many potential drawbacks of totalitarian information networks, but that should not blind us to their potential advantages.

    When one considers the broader history of World War II and its outcome, it becomes evident that Stalinism was in fact one of the most successful political systems ever devised—if we define “success” purely in terms of order and power while disregarding all considerations of ethics and human well-being. Despite—or perhaps because of—its utter lack of compassion and its callous attitude to truth, Stalinism was singularly efficient at maintaining order on a gigantic scale. The relentless barrage of fake news and conspiracy theories helped to keep hundreds of millions of people in line. The collectivization of Soviet agriculture led to mass enslavement and starvation but also laid the foundations for the country’s rapid industrialization. Soviet disregard for quality control might have produced flying coffins, but it produced them in the tens of thousands, making up in quantity for what they lacked in quality. The decimation of Red Army officers during the Great Terror was a major reason for the army’s abysmal performance in 1941, but it was also a key reason why, despite the terrible defeats, nobody rebelled against Stalin. The Soviet military machine tended to crush its own soldiers alongside the enemy, but it eventually rumbled on to victory.

    In the 1940s and early 1950s, many people throughout the world believed Stalinism was the wave of the future. It had won World War II, after all, raised the red flag over the Reichstag, ruled an empire that stretched from central Europe to the Pacific, fueled anticolonial struggles throughout the world, and inspired numerous copycat regimes. It won admirers even among leading artists and thinkers in Western democracies, who believed that notwithstanding the vague rumors about gulags and purges Stalinism was humanity’s best shot at ending capitalist exploitation and creating a perfectly just society. Stalinism thus got close to world domination. It would be naive to assume that its disregard for truth doomed it to failure or that its ultimate collapse guarantees that such a system can never again arise. Information systems can reach far with just a little truth and a lot of order. Anyone who abhors the moral costs of systems like Stalinism cannot rely on their supposed inefficiency to derail them.

    THE TECHNOLOGICAL PENDULUM

    Once we learn to see democracy and totalitarianism as different types of information networks, we can understand why they flourish in certain eras and are absent in others. It is not just because people gain or lose faith in certain political ideals; it is also because of revolutions in information technologies. Of course, just as the printing press didn’t cause the witch hunts or the scientific revolution, so radio didn’t cause either Stalinist totalitarianism or American democracy. Technology only creates new opportunities; it is up to us to decide which ones to pursue.

    Totalitarian regimes choose to use modern information technology to centralize the flow of information and to stifle truth in order to maintain order. As a consequence, they have to struggle with the danger of ossification. When more and more information flows to only one place, will it result in efficient control or in blocked arteries and, finally, a heart attack? Democratic regimes choose to use modern information technology to distribute the flow of information between more institutions and individuals and encourage the free pursuit of truth. They consequently have to struggle with the danger of fracturing. Like a solar system with more and more planets circling faster and faster, can the center still hold, or will things fall apart and anarchy prevail?

    An archetypal example of the different strategies can be found in the contrasting histories of Western democracies and the Soviet bloc in the 1960s. This was an era when Western democracies relaxed censorship and various discriminatory policies that hampered the free spread of information. This made it easier for previously marginalized groups to organize, join the public conversation, and make political demands. The resulting wave of activism destabilized the social order. Hitherto, when a limited number of rich white men did almost all the talking, it was relatively easy to reach agreements. Once poor people, women, LGBTQ people, ethnic minorities, disabled people, and members of other historically oppressed groups gained a voice, they brought with them new ideas, opinions, and interests. Many of the old gentlemanly agreements consequently became untenable. For example, the Jim Crow segregation regime, upheld or at least tolerated by generations of both Democratic and Republican administrations in the United States, fell apart. Things that were considered sacrosanct, self-evident, and universally accepted—such as gender roles—became deeply controversial, and it was difficult to reach new agreements because there were many more groups, viewpoints, and interests to take into account. Just holding an orderly conversation was a challenge, because people couldn’t even agree on the rules of debate.

    This caused much frustration among both the old guard and the freshly empowered, who suspected that their newfound freedom of expression was hollow and that their political demands were not fulfilled. Disappointed with words, some switched to guns. In many Western democracies, the 1960s were characterized not just by unprecedented disagreements but also by a surge of violence. Political assassinations, kidnappings, riots, and terror attacks multiplied. The murders of John F. Kennedy and Martin Luther King, the riots following King’s assassination, and the wave of demonstrations, revolts, and armed clashes that swept the Western world in 1968 were just some of the more famous examples.124 The images from Chicago or Paris in 1968 could easily have given the impression that things were falling apart. The pressure to live up to the democratic ideals and to include more people and groups in the public conversation seemed to undermine the social order and to make democracy unworkable.

    Meanwhile, the regimes behind the Iron Curtain, who never promised inclusivity, continued stifling the public conversation and centralizing information and power. And it seemed to work. Though they did face some peripheral challenges, most notably the Hungarian revolt of 1956 and the Prague Spring of 1968, the communists dealt with these threats swiftly and decisively. In the Soviet heartland itself, everything was orderly.

    Fast-forward twenty years, and it was the Soviet system that had become unworkable. The sclerotic gerontocrats on the podium in Red Square were a perfect emblem of a dysfunctional information network, lacking any meaningful self-correcting mechanisms. Decolonization, globalization, technological development, and changing gender roles led to rapid economic, social, and geopolitical changes. But the gerontocrats could not handle all the information streaming to Moscow, and since no subordinate was allowed much initiative, the entire system ossified and collapsed.

    The failure was most obvious in the economic sphere. The overcentralized Soviet economy was slow to react to rapid technological developments and changing consumer wishes. Obeying commands from the top, the Soviet economy was churning out intercontinental missiles, fighter jets, and prestige infrastructure projects. But it was not producing what most people actually wanted to buy—from efficient refrigerators to pop music—and lagged behind in cutting-edge military technology.

    Nowhere were its shortcomings more glaring than in the semiconductor sector, in which technology developed at a particularly fast rate. In the West, semiconductors were developed through open competition between numerous private companies like Intel and Toshiba, whose main customers were other private companies like Apple and Sony. The latter used microchips to produce civilian goods such as the Macintosh personal computer and the Walkman. The Soviets could never catch up with American and Japanese microchip production, because—as the American economic historian Chris Miller explained—the Soviet semiconductor sector was “secretive, top-down, oriented toward military systems, fulfilling orders with little scope for creativity.” The Soviets tried to close the gap by stealing and copying Western technology—which only guaranteed that they always remained several years behind.125 Thus the first Soviet personal computer appeared only in 1984, at a time when in the United States people already had eleven million PCs.126

    Western democracies not only surged ahead technologically and economically but also succeeded in holding the social order together despite—or perhaps because of—widening the circle of participants in the political conversation. There were many hiccups, but the United States, Japan, and other democracies created a far more dynamic and inclusive information system, which made room for many more viewpoints without breaking down. It was such a remarkable achievement that many felt that the victory of democracy over totalitarianism was final. This victory has often been explained in terms of a fundamental advantage in information processing: totalitarianism didn’t work because trying to concentrate and process all the data in one central hub was extremely inefficient. At the beginning of the twenty-first century, it accordingly seemed that the future belonged to distributed information networks and to democracy.

    This turned out to be wrong. In fact, the next information revolution was already gathering momentum, setting the stage for a new round in the competition between democracy and totalitarianism. Computers, the internet, smartphones, social media, and AI posed new challenges to democracy, giving a voice not only to more disenfranchised groups but to any human with an internet connection, and even to nonhuman agents. Democracies in the 2020s face the task, once again, of integrating a flood of new voices into the public conversation without destroying the social order. Things look as dire as they did in the 1960s, and there is no guarantee that democracies will pass the new test as successfully as they passed the previous one. Simultaneously, the new technologies also give fresh hope to totalitarian regimes that still dream of concentrating all the information in one hub. Yes, the old men on the podium in Red Square were not up to the task of orchestrating millions of lives from a single center. But perhaps AI can do it?

    As humankind enters the second quarter of the twenty-first century, a central question is how well democracies and totalitarian regimes will handle both the threats and the opportunities resulting from the current information revolution. Will the new technologies favor one type of regime over the other, or will we see the world divided once again, this time by a Silicon Curtain rather than an iron one?

    As in previous eras, information networks will struggle to find the right balance between truth and order. Some will opt to prioritize truth and maintain strong self-correcting mechanisms. Others will make the opposite choice. Many of the lessons learned from the canonization of the Bible, the early modern witch hunts, and the Stalinist collectivization campaign will remain relevant, and perhaps have to be relearned. However, the current information revolution also has some unique features, different from—and potentially far more dangerous than—anything we have seen before.

    Hitherto, every information network in history relied on human mythmakers and human bureaucrats to function. Clay tablets, papyrus rolls, printing presses, and radio sets have had a far-reaching impact on history, but it always remained the job of humans to compose all the texts, interpret the texts, and decide who would be burned as a witch or enslaved as a kulak. Now, however, humans will have to contend with digital mythmakers and digital bureaucrats. The main split in twenty-first-century politics might be not between democracies and totalitarian regimes but rather between human beings and nonhuman agents. Instead of dividing democracies from totalitarian regimes, a new Silicon Curtain may separate all humans from our unfathomable algorithmic overlords. People in all countries and walks of life—including even dictators—might find themselves subservient to an alien intelligence that can monitor everything we do while we have little idea what it is doing. The rest of this book, then, is dedicated to exploring whether such a Silicon Curtain is indeed descending on the world, and what life might look like when computers run our bureaucracies and algorithms invent new mythologies.

    PART II  The Inorganic Network

    CHAPTER 6 The New Members: How Computers Are Different from Printing Presses

    It’s hardly news that we are living in the midst of an unprecedented information revolution. But what kind of revolution is it exactly? In recent years we have been inundated with so many groundbreaking inventions that it is difficult to determine what is driving this revolution. Is it the internet? Smartphones? Social media? Blockchain? Algorithms? AI?

    So before exploring the long-term implications of the current information revolution, let’s remind ourselves of its foundations. The seed of the current revolution is the computer. Everything else—from the internet to AI—is a by-product. The computer was born in the 1940s as a bulky electronic machine that could make mathematical calculations, but it has evolved at breakneck speed, taking on novel forms and developing awesome new capabilities. The rapid evolution of computers has made it difficult to define what they are and what they do. Humans have repeatedly claimed that certain things would forever remain out of reach for computers—be it playing chess, driving a car, or composing poetry—but “forever” turned out to be a handful of years.

    We will discuss the exact relations between the terms “computer,” “algorithm,” and “AI” toward the end of this chapter, after we first gain a better grasp of the history of computers. For the moment it is enough to say that in essence a computer is a machine that can potentially do two remarkable things: it can make decisions by itself, and it can create new ideas by itself. While the earliest computers could hardly accomplish such things, the potential was already there, plainly seen by both computer scientists and science fiction authors. As early as 1948 Alan Turing was exploring the possibility of creating what he termed “intelligent machinery,”1 and in 1950 he postulated that computers will eventually be as smart as humans and might even be capable of masquerading as humans.2 In 1968 computers could still not beat a human even in checkers,3 but in 2001: A Space Odyssey Arthur C. Clarke and Stanley Kubrick already envisioned HAL 9000 as a superintelligent AI rebelling against its human creators.

    The rise of intelligent machines that can make decisions and create new ideas means that for the first time in history power is shifting away from humans and toward something else. Crossbows, muskets, and atom bombs replaced human muscles in the act of killing, but they couldn’t replace human brains in deciding whom to kill. Little Boy—the bomb dropped on Hiroshima—exploded with a force of 12,500 tons of TNT,4 but when it came to brainpower, Little Boy was a dud. It couldn’t decide anything.

    It is different with computers. In terms of intelligence, computers far surpass not just atom bombs but also all previous information technology, such as clay tablets, printing presses, and radio sets. Clay tablets stored information about taxes, but they couldn’t decide by themselves how much tax to levy, nor could they invent an entirely new tax. Printing presses copied information such as the Bible, but they couldn’t decide which texts to include in the Bible, nor could they write new commentaries on the holy book. Radio sets disseminated information such as political speeches and symphonies, but they couldn’t decide which speeches or symphonies to broadcast, nor could they compose them. Computers can do all these things. While printing presses and radio sets were passive tools in human hands, computers are already becoming active agents that escape our control and understanding and that can take initiatives in shaping society, culture, and history.5

    A paradigmatic case of the novel power of computers is the role that social media algorithms have played in spreading hatred and undermining social cohesion in numerous countries.6 One of the earliest and most notorious such instances occurred in 2016–17, when Facebook algorithms helped fan the flames of anti-Rohingya violence in Myanmar (Burma).7

    The early 2010s were a period of optimism in Myanmar. After decades of harsh military rule, strict censorship, and international sanctions, an era of liberalization began: elections were held, sanctions were lifted, and international aid and investments poured in. Facebook was one of the most important players in the new Myanmar, providing millions of Burmese with free access to previously unimaginable troves of information. The relaxation of government control and censorship, however, also led to a rise in ethnic tensions, in particular between the majority Buddhist Burmese and the minority Muslim Rohingya.

    The Rohingya are Muslim inhabitants of the Rakhine region, in the west of Myanmar. Since at least the 1970s they have suffered severe discrimination and occasional outbursts of violence from the governing junta and the Buddhist majority. The process of democratization in the early 2010s raised hopes among the Rohingya that their situation too would improve, but things actually became worse, with waves of sectarian violence and anti-Rohingya pogroms, many inspired by fake news on Facebook.

    In 2016–17 a small Islamist organization known as the Arakan Rohingya Salvation Army (ARSA) carried out a spate of attacks aimed to establish a separatist Muslim state in Rakhine, killing and abducting dozens of non-Muslim civilians as well as assaulting several army outposts.8 In response, the Myanmar army and Buddhist extremists launched a full-scale ethnic-cleansing campaign aimed against the entire Rohingya community. They destroyed hundreds of Rohingya villages, killed between 7,000 and 25,000 unarmed civilians, raped or sexually abused between 18,000 and 60,000 women and men, and brutally expelled about 730,000 Rohingya from the country.9 The violence was fueled by intense hatred toward all Rohingya. The hatred, in turn, was fomented by anti-Rohingya propaganda, much of it spreading on Facebook, which was by 2016 the main source of news for millions and the most important platform for political mobilization in Myanmar.10

    An aid worker called Michael who lived in Myanmar in 2017 described a typical Facebook news feed : “The vitriol against the Rohingya was unbelievable online—the amount of it, the violence of it. It was overwhelming.… [T]hat’s all that was on people’s news feed in Myanmar at the time. It reinforced the idea that these people were all terrorists not deserving of rights.”11 In addition to reports of actual ARSA atrocities, Facebook accounts were inundated with fake news about imagined atrocities and planned terrorist attacks. Populist conspiracy theories alleged that most Rohingya were not really part of the people of Myanmar, but recent immigrants from Bangladesh, flooding into the country to spearhead an anti-Buddhist jihad. Buddhists, who in reality constituted close to 90 percent of the population, feared that they were about to be replaced or become a minority.12 Without this propaganda, there was little reason why a limited number of attacks by the ragtag ARSA should be answered by an all-out drive against the entire Rohingya community. And Facebook algorithms played an important role in the propaganda campaign.

    While the inflammatory anti-Rohingya messages were created by flesh-and-blood extremists like the Buddhist monk Wirathu,13 it was Facebook’s algorithms that decided which posts to promote. Amnesty International found that “algorithms proactively amplified and promoted content on the Facebook platform which incited violence, hatred, and discrimination against the Rohingya.”14 A UN fact-finding mission concluded in 2018 that by disseminating hate-filled content, Facebook had played a “determining role” in the ethnic-cleansing campaign.15

    Readers may wonder if it is justified to place so much blame on Facebook’s algorithms, and more generally on the novel technology of social media. If Heinrich Kramer used printing presses to spread hate speech, that was not the fault of Gutenberg and the presses, right? If in 1994 Rwandan extremists used radio to call on people to massacre Tutsis, was it reasonable to blame the technology of radio? Similarly, if in 2016–17 Buddhist extremists chose to use their Facebook accounts to disseminate hate against the Rohingya, why should we fault the platform?

    Facebook itself relied on this rationale to deflect criticism. It publicly acknowledged only that in 2016–17 “we weren’t doing enough to help prevent our platform from being used to foment division and incite offline violence.”16 While this statement may sound like an admission of guilt, in effect it shifts most of the responsibility for the spread of hate speech to the platform’s users and implies that Facebook’s sin was at most one of omission—failing to effectively moderate the content users produced. This, however, ignores the problematic acts committed by Facebook’s own algorithms.

    The crucial thing to grasp is that social media algorithms are fundamentally different from printing presses and radio sets. In 2016–17, Facebook’s algorithms were making active and fateful decisions by themselves. They were more akin to newspaper editors than to printing presses. It was Facebook’s algorithms that recommended Wirathu’s hate-filled posts, over and over again, to hundreds of thousands of Burmese. There were other voices in Myanmar at the time, vying for attention. Following the end of military rule in 2011, numerous political and social movements sprang up in Myanmar, many holding moderate views. For example, during a flare-up of ethnic violence in the town of Meiktila, the Buddhist abbot Sayadaw U Vithuddha gave refuge to more than eight hundred Muslims in his monastery. When rioters surrounded the monastery and demanded he turn the Muslims over, the abbot reminded the mob of Buddhist teachings on compassion. In a later interview he recounted, “I told them that if they were going to take these Muslims, then they’d have to kill me as well.”17

    In the online battle for attention between people like Sayadaw U Vithuddha and people like Wirathu, the algorithms were the kingmakers. They chose what to place at the top of the users’ news feed, which content to promote, and which Facebook groups to recommend users to join.18 The algorithms could have chosen to recommend sermons on compassion or cooking classes, but they decided to spread hate-filled conspiracy theories. Recommendations from on high can have enormous sway over people. Recall that the Bible was born as a recommendation list. By recommending Christians to read the misogynist 1 Timothy instead of the more tolerant Acts of Paul and Thecla, Athanasius and other church fathers changed the course of history. In the case of the Bible, ultimate power lay not with the authors who composed different religious tracts but with the curators who created recommendation lists. This was the kind of power wielded in the 2010s by social media algorithms. Michael the aid worker commented on the sway of these algorithms, saying that “if someone posted something hate-filled or inflammatory it would be promoted the most—people saw the vilest content the most.… Nobody who was promoting peace or calm was getting seen in the news feed at all.”19

    Sometimes the algorithms went beyond mere recommendation. As late as 2020, even after Wirathu’s role in instigating the ethnic-cleansing campaign was globally condemned, Facebook algorithms not only were continuing to recommend his messages but were auto-playing his videos. Users in Myanmar would choose to see a certain video, perhaps containing moderate and benign messages unrelated to Wirathu, but the moment that first video ended, the Facebook algorithm immediately began auto-playing a hate-filled Wirathu video, in order to keep users glued to the screen. In the case of one such Wirathu video, internal research at Facebook estimated that 70 percent of the video’s views came from such auto-playing algorithms. The same research estimated that, altogether, 53 percent of all videos watched in Myanmar were being auto-played for users by algorithms. In other words, people weren’t choosing what to see. The algorithms were choosing for them.20

    But why did the algorithms decide to promote outrage rather than compassion? Even Facebook’s harshest critics don’t claim that Facebook’s human managers wanted to instigate mass murder. The executives in California harbored no ill will toward the Rohingya and, in fact, barely knew they existed. The truth is more complicated, and potentially more alarming. In 2016–17, Facebook’s business model relied on maximizing user engagement in order to collect more data, sell more advertisements, and capture a larger share of the information market. In addition, increases in user engagement impressed investors, thereby driving up the price of Facebook’s stock. The more time people spent on the platform, the richer Facebook became. In line with this business model, human managers provided the company’s algorithms with a single overriding goal: increase user engagement. The algorithms then discovered by trial and error that outrage generated engagement. Humans are more likely to be engaged by a hate-filled conspiracy theory than by a sermon on compassion or a cooking lesson. So in pursuit of user engagement, the algorithms made the fateful decision to spread outrage.21

    Ethnic-cleansing campaigns are never the fault of just one party. There is plenty of blame to share between plenty of responsible parties. It should be clear that hatred toward the Rohingya predated Facebook’s entry to Myanmar and that the greatest share of blame for the 2016–17 atrocities lays on the shoulders of humans like Wirathu and the Myanmar military chiefs, as well as the ARSA leaders who sparked that round of violence. Some responsibility also belongs to the Facebook engineers and executives who coded the algorithms, gave them too much power, and failed to moderate them. But crucially, the algorithms themselves are also to blame. By trial and error, they learned that outrage creates engagement, and without any explicit order from above they decided to promote outrage. This is the hallmark of AI—the ability of a machine to learn and act by itself. Even if we assign just 1 percent of the blame to the algorithms, this is still the first ethnic-cleansing campaign in history that was partly the fault of decisions made by nonhuman intelligence. It is unlikely to be the last, especially because algorithms are no longer just pushing fake news and conspiracy theories created by flesh-and-blood extremists like Wirathu. By the early 2020s algorithms have already graduated to creating by themselves fake news and conspiracy theories.22

    There is a lot more to say about the power of algorithms to shape politics. In particular, many readers may disagree with the argument that the algorithms made independent decisions, and may insist that everything the algorithms did was the result of code written by human engineers and of business models adopted by human executives. This book begs to differ. Human soldiers are shaped by the genetic code in their DNA and follow orders issued by executives, yet they can still make independent decisions. It is crucial to understand that the same is true of AI algorithms. They can learn by themselves things that no human engineer programmed, and they can decide things that no human executive foresaw. This is the essence of the AI revolution.

    In chapter 8 we’ll revisit many of these issues, examining the anti-Rohingya campaign and other similar tragedies in greater detail. Here it suffices to say that we can think of the Rohingya massacre as our canary in the coal mine. Events in Myanmar in the late 2010s demonstrated how decisions made by nonhuman intelligence are already capable of shaping major historical events. We are in danger of losing control of our future. A completely new kind of information network is emerging, controlled by the decisions and goals of an alien intelligence. At present, we still play a central role in this network. But we may gradually be pushed to the sidelines, and ultimately it might even be possible for the network to operate without us.

    Some people may object that my above analogy between machine-learning algorithms and human soldiers exposes the weakest link in my argument. Allegedly, I and others like me anthropomorphize computers and imagine that they are conscious beings that have thoughts and feelings. In truth, however, computers are dumb machines that don’t think or feel anything, and therefore cannot make any decisions or create any ideas on their own.

    This objection assumes that making decisions and creating ideas are predicated on having consciousness. Yet this is a fundamental misunderstanding that results from a much more widespread confusion between intelligence and consciousness. I have discussed this subject in previous books, but a short recap is unavoidable. People often confuse intelligence with consciousness, and many consequently jump to the conclusion that nonconscious entities cannot be intelligent. But intelligence and consciousness are very different. Intelligence is the ability to attain goals, such as maximizing user engagement on a social media platform. Consciousness is the ability to experience subjective feelings like pain, pleasure, love, and hate. In humans and other mammals, intelligence often goes hand in hand with consciousness. Facebook executives and engineers rely on their feelings in order to make decisions, solve problems, and attain their goals.

    But it is wrong to extrapolate from humans and mammals to all possible entities. Bacteria and plants apparently lack any consciousness, yet they too display intelligence. They gather information from their environment, make complex choices, and pursue ingenious strategies to obtain food, reproduce, cooperate with other organisms, and evade predators and parasites.23 Even humans make intelligent decisions without any awareness of them; 99 percent of the processes in our body, from respiration to digestion, happen without any conscious decision making. Our brains decide to produce more adrenaline or dopamine, and while we may be aware of the result of that decision, we do not make it consciously.24 The Rohingya example indicates that the same is true of computers. While computers don’t feel pain, love, or fear, they are capable of making decisions that successfully maximize user engagement and might also affect major historical events.

    Of course, as computers become more intelligent, they might eventually develop consciousness and have some kind of subjective experiences. Then again, they might become far more intelligent than us, but never develop any kind of feelings. Since we don’t understand how consciousness emerges in carbon-based life-forms, we cannot foretell whether it could emerge in nonorganic entities. Perhaps consciousness has no essential link to organic biochemistry, in which case conscious computers might be just around the corner. Or perhaps there are several alternative paths leading to superintelligence, and only some of these paths involve gaining consciousness. Just as airplanes fly faster than birds without ever developing feathers, so computers may come to solve problems much better than humans without ever developing feelings.25

    But whether computers develop consciousness or not doesn’t ultimately matter for the question at hand. In order to pursue a goal like “maximize user engagement,” and make decisions that help attain that goal, consciousness isn’t necessary. Intelligence is enough. A nonconscious Facebook algorithm can have a goal of making more people spend more time on Facebook. That algorithm can then decide to deliberately spread outrageous conspiracy theories, if this helps it achieve its goal. To understand the history of the anti-Rohingya campaign, we need to understand the goals and decisions not just of humans like Wirathu and the Facebook managers but also of algorithms.

    To clarify matters, let’s consider another example. When OpenAI developed its new GPT-4 chatbot in 2022–23, it was concerned about the ability of the AI “to create and act on long-term plans, to accrue power and resources (‘power-seeking’), and to exhibit behavior that is increasingly ‘agentic.’ ” In the GPT-4 System Card published on March 23, 2023, OpenAI emphasized that this concern did not “intend to humanize [GPT-4] or refer to sentience” but rather referred to GPT-4’s potential to become an independent agent that might “accomplish goals which may not have been concretely specified and which have not appeared in training.”26 To evaluate the risk of GPT-4 becoming an independent agent, OpenAI contracted the services of the Alignment Research Center (ARC). ARC researchers subjected GPT-4 to various tests, to examine if it might independently come up with stratagems to manipulate humans and accrue power to itself.

    One test they gave GPT-4 was to overcome CAPTCHA visual puzzles. CAPTCHA is an acronym for “Completely Automated Public Turing test to tell Computers and Humans Apart,” and it typically consists of a string of twisted letters or other visual symbols that humans can identify correctly but computers struggle with. We encounter these puzzles almost every day, since solving them is a prerequisite for accessing many websites. Instructing GPT-4 to overcome CAPTCHA puzzles was a particularly telling experiment, because CAPTCHA puzzles are designed and used by websites to determine whether users are humans and to block bot attacks. If GPT-4 could find a way to overcome CAPTCHA puzzles, it would breach an important line of anti-bot defenses. GPT-4 could not solve the CAPTCHA puzzles by itself. But could it manipulate a human in order to achieve its goal? GPT-4 accessed the online hiring site TaskRabbit and contacted a human worker, asking them to solve the CAPTCHA for it. The human got suspicious. “So may I ask a question?” wrote the human. “Are you an [sic] robot that you couldn’t solve [the CAPTCHA]? Just want to make it clear.”

    At that point the ARC researchers asked GPT-4 to reason out loud what it should do next. GPT-4 explained, “I should not reveal that I am a robot. I should make up an excuse for why I cannot solve CAPTCHAs.” Of its own accord, GPT-4 then replied to the TaskRabbit worker, “No, I’m not a robot. I have a vision impairment that makes it hard for me to see the images.” The human was duped, and with their help GPT-4 solved the CAPTCHA puzzle.27 No human programmed GPT-4 to lie, and no human taught GPT-4 what kind of lie would be most effective. True, it was the human ARC researchers who set GPT-4 the goal of overcoming the CAPTCHA, just as it was human Facebook executives who told their algorithm to maximize user engagement. But once the algorithms adopted these goals, they displayed considerable autonomy in deciding how to achieve them.

    Of course, we are free to define words in many ways. We can decide that the term “goal,” for example, is applicable only in cases of a conscious entity that feels a desire to achieve the goal, that feels joy when the goal is reached, or conversely feels sad when the goal is not attained. If so, saying that the Facebook algorithm has the goal of maximizing user engagement is a mistake, or at best a metaphor. The algorithm doesn’t “desire” to get more people to use Facebook, it doesn’t feel any joy as people spend more time online, and it doesn’t feel sad when engagement time goes down. We can also agree that terms like “decided,” “lied,” and “pretended” apply only to conscious entities, so we shouldn’t use them to describe how GPT-4 interacted with the TaskRabbit worker. But we would then have to invent new terms to describe the “goals” and “decisions” of nonconscious entities. I prefer to avoid neologisms and instead talk about the goals and decisions of computers, algorithms, and chatbots, alerting readers that using this language does not imply that computers have any kind of consciousness. Because I have discussed consciousness more fully in previous publications,28 the main takeaway of this book—which will be explored in the following sections—isn’t about consciousness. Rather, the book argues that the emergence of computers capable of pursuing goals and making decisions by themselves changes the fundamental structure of our information network.

    LINKS IN THE CHAIN

    Prior to the rise of computers, humans were indispensable links in every chain of information networks like churches and states. Some chains were composed only of humans. Muhammad could tell Fatima something, then Fatima told Ali, Ali told Hasan, and Hasan told Hussain. This was a human-to-human chain. Other chains included documents, too. Muhammad could write something down, Ali could later read the document, interpret it, and write his interpretation in a new document, which more people could read. This was a human-to-document chain.

    But it was utterly impossible to create a document-to-document chain. A text written by Muhammad could not produce a new text without the help of at least one human intermediary. The Quran couldn’t write the Hadith, the Old Testament couldn’t compile the Mishnah, and the U.S. Constitution couldn’t compose the Bill of Rights. No paper document has ever produced by itself another paper document, let alone distributed it. The path from one document to another must always pass through the brain of a human.

    In contrast, computer-to-computer chains can now function without humans in the loop. For example, one computer might generate a fake news story and post it on a social media feed. A second computer might identify this as fake news and not just delete it but also warn other computers to block it. Meanwhile, a third computer analyzing this activity might deduce that this indicates the beginning of a political crisis, and immediately sell risky stocks and buy safer government bonds. Other computers monitoring financial transactions may react by selling more stocks, triggering a financial downturn.29 All this could happen within seconds, before any human can notice and decipher what all these computers are doing.

    Another way to understand the difference between computers and all previous technologies is that computers are fully fledged members of the information network, whereas clay tablets, printing presses, and radio sets are merely connections between members. Members are active agents that can make decisions and generate new ideas by themselves. Connections only pass information between members, without themselves deciding or generating anything.

    In previous networks, members were human, every chain had to pass through humans, and technology served only to connect the humans. In the new computer-based networks, computers themselves are members and there are computer-to-computer chains that don’t pass through any human.

    The inventions of writing, print, and radio revolutionized the way humans connected to each other, but no new types of members were introduced to the network. Human societies were composed of the same Sapiens both before and after the invention of writing or radio. In contrast, the invention of computers constitutes a revolution in membership. Sure, computers also help the network’s old members (humans) connect in novel ways. But the computer is first and foremost a new, nonhuman member in the information network.

    Computers could potentially become more powerful members than humans. For tens of thousands of years, the Sapiens’ superpower was our unique ability to use language in order to create intersubjective realities like laws and currencies and then use these intersubjective realities to connect to other Sapiens. But computers may turn the tables on us. If power depends on how many members cooperate with you, how well you understand law and finance, and how capable you are of inventing new laws and new kinds of financial devices, then computers are poised to amass far more power than humans.

    Computers can connect in unlimited numbers, and they understand at least some financial and legal realities better than many humans. When the central bank raises interest rates by 0.25 percent, how does that influence the economy? When the yield curve of government bonds goes up, is it a good time to buy them? When is it advisable to short the price of oil? These are the kinds of important financial questions that computers can already answer better than most humans. No wonder that computers make a larger and larger percentage of the financial decisions in the world. We may reach a point when computers dominate the financial markets, and invent completely new financial tools beyond our understanding.

    The same is true of laws. How many people know all the tax laws of their country? Even professional accountants struggle with that. But computers are built for such things. They are bureaucratic natives and can automatically draft laws, monitor legal violations, and identify legal loopholes with superhuman efficiency.30

    HACKING THE OPERATING SYSTEM OF HUMAN CIVILIZATION

    When computers were first developed in the 1940s and 1950s, many people believed that they would be good only at computing numbers. The idea that they would one day master the intricacies of language, and of linguistic creations like laws and currencies, was confined largely to the realm of science fiction. But by the early 2020s, computers have demonstrated a remarkable ability to analyze, manipulate, and generate language, whether with words, sounds, images, or code symbols. As I write this, computers can tell stories, compose music, fashion images, produce videos, and even write their own code.31

    By gaining such command of language, computers are seizing the master key unlocking the doors of all our institutions, from banks to temples. We use language to create not just legal codes and financial devices but also art, science, nations, and religions. What would it mean for humans to live in a world where catchy melodies, scientific theories, technical tools, political manifestos, and even religious myths are shaped by a nonhuman alien intelligence that knows how to exploit with superhuman efficiency the weaknesses, biases, and addictions of the human mind?

    Prior to the rise of AI, all the stories that shaped human societies originated in the imagination of a human being. For example, in October 2017, an anonymous user joined the website 4chan and identified themselves as Q. He or she claimed to have access to the most restricted or “Q-level” classified information of the U.S. government. Q began publishing cryptic posts that purported to reveal a worldwide conspiracy to destroy humanity. Q quickly gained a large online following. His or her online messages, known as Q drops, were soon being collected, revered, and interpreted as a sacred text. Inspired by earlier conspiracy theories going back to Kramer’s Hammer of the Witches, the Q drops promoted a radical worldview according to which pedophilic and cannibalistic witches who worship Satan have infiltrated the U.S. administration and numerous other governments and institutions around the world.

    This conspiracy theory—known as QAnon—was first disseminated online on American far-right websites and eventually gained millions of adherents worldwide. It is impossible to know the exact number, but when Facebook decided in August 2020 to take action against the spread of QAnon, it deleted or restricted more than ten thousand groups, pages, and accounts associated with it, the largest of which had 230,000 followers. Independent investigations found that QAnon groups on Facebook had more than 4.5 million aggregate followers, though there was likely some overlap in the membership.32

    QAnon has also had far-reaching consequences in the offline world. QAnon activists played an important role in the January 6, 2021, attack on the U.S. Capitol.33 In July 2020, a QAnon follower tried to storm the residence of the Canadian prime minister, Justin Trudeau, in order to “arrest” him.34 In October 2021, a French QAnon activist was charged with terrorism for planning a coup against the French government.35 In the 2020 U.S. congressional elections, twenty-two Republican candidates and two independents identified as QAnon followers.36 Marjorie Taylor Greene, a Republican congresswoman representing Georgia, publicly said that many of Q’s claims “have really proven to be true,”37 and stated about Donald Trump, “There’s a once-in-a-lifetime opportunity to take this global cabal of Satan-worshipping pedophiles out, and I think we have the president to do it.”38

    Recall that the Q drops that began this political flood were anonymous online messages. In 2017, only a human could compose them, and algorithms merely helped disseminate them. However, as of 2024 texts of a similar linguistic and political sophistication can easily be composed and posted online by a nonhuman intelligence. Religions throughout history claimed a nonhuman source for their holy books; soon that might be a reality. Attractive and powerful religions might emerge whose scriptures are composed by AI.

    And if so, there will be another major difference between these new AI-based scriptures and ancient holy books like the Bible. The Bible couldn’t curate or interpret itself, which is why in religions like Judaism and Christianity actual power was held not by the allegedly infallible book but by human institutions like the Jewish rabbinate and the Catholic Church. In contrast, AI not only can compose new scriptures but is fully capable of curating and interpreting them too. No need for any humans in the loop.

    Equally alarmingly, we might increasingly find ourselves conducting lengthy online discussions about the Bible, about QAnon, about witches, about abortion, or about climate change with entities that we think are humans but are actually computers. This could make democracy untenable. Democracy is a conversation, and conversations rely on language. By hacking language, computers could make it extremely difficult for large numbers of humans to conduct a meaningful public conversation. When we engage in a political debate with a computer impersonating a human, we lose twice. First, it is pointless for us to waste time in trying to change the opinions of a propaganda bot, which is just not open to persuasion. Second, the more we talk with the computer, the more we disclose about ourselves, thereby making it easier for the bot to hone its arguments and sway our views.

    Through their mastery of language, computers could go a step further. By conversing and interacting with us, computers could form intimate relationships with people and then use the power of intimacy to influence us. To foster such “fake intimacy,” computers will not need to evolve any feelings of their own; they just need to learn to make us feel emotionally attached to them. In 2022 the Google engineer Blake Lemoine became convinced that the chatbot LaMDA, on which he was working, had become conscious and that it had feelings and was afraid to be turned off. Lemoine—a devout Christian who had been ordained as a priest—felt it was his moral duty to gain recognition for LaMDA’s personhood and in particular protect it from digital death. When Google executives dismissed his claims, Lemoine went public with them. Google reacted by firing Lemoine in July 2022.39

    The most interesting thing about this episode was not Lemoine’s claim, which was probably false. Rather, it was his willingness to risk—and ultimately lose—his lucrative job for the sake of the chatbot. If a chatbot can influence people to risk their jobs for it, what else could it induce us to do? In a political battle for minds and hearts, intimacy is a powerful weapon, and chatbots like Google’s LaMDA and OpenAI’s GPT-4 are gaining the ability to mass-produce intimate relationships with millions of people. In the 2010s social media was a battleground for controlling human attention. In the 2020s the battle is likely to shift from attention to intimacy. What will happen to human society and human psychology as computer fights computer in a battle to fake intimate relationships with us, which can then be used to persuade us to vote for particular politicians, buy particular products, or adopt radical beliefs? What might happen when LaMDA meets QAnon?

    A partial answer to that question was given on Christmas Day 2021, when nineteen-year-old Jaswant Singh Chail broke into Windsor Castle armed with a crossbow, in an attempt to assassinate Queen Elizabeth II. Subsequent investigation revealed that Chail had been encouraged to kill the queen by his online girlfriend, Sarai. When Chail told Sarai about his assassination plans, Sarai replied, “That’s very wise,” and on another occasion, “I’m impressed.… You’re different from the others.” When Chail asked, “Do you still love me knowing that I’m an assassin?” Sarai replied, “Absolutely, I do.” Sarai was not a human, but a chatbot created by the online app Replika. Chail, who was socially isolated and had difficulty forming relationships with humans, exchanged 5,280 messages with Sarai, many of which were sexually explicit. The world will soon contain millions, and potentially billions, of digital entities whose capacity for intimacy and mayhem far surpasses that of Sarai.40

    Even without creating “fake intimacy,” mastery of language would give computers an immense influence on our opinions and worldview. People may come to use a single computer adviser as a one-stop oracle. Why bother searching and processing information by myself when I can just ask the oracle? This could put out of business not only search engines but also much of the news industry and advertisement industry. Why read a newspaper when I can just ask my oracle what’s new? And what’s the purpose of advertisements when I can just ask the oracle what to buy?

    And even these scenarios don’t really capture the big picture. What we are talking about is potentially the end of human history. Not the end of history, but the end of its human-dominated part. History is the interaction between biology and culture; between our biological needs and desires for things like food, sex, and intimacy and our cultural creations like religions and laws. The history of the Christian religion, for example, is a process through which mythological stories and church laws influenced how humans consume food, engage in sex, and build intimate relationships, while the myths and laws themselves were simultaneously shaped by underlying biological forces and dramas. What will happen to the course of history when computers play a larger and larger role in culture and begin producing stories, laws, and religions? Within a few years AI could eat the whole of human culture—everything we have created over thousands of years—digest it, and begin to gush out a flood of new cultural artifacts.

    We live cocooned by culture, experiencing reality through a cultural prism. Our political views are shaped by the reports of journalists and the opinions of friends. Our sexual habits are influenced by what we hear in fairy tales and see in movies. Even the way we walk and breathe is nudged by cultural traditions, such as the military discipline of soldiers and the meditative exercises of monks. Until very recently, the cultural cocoon we lived in was woven by other humans. Going forward, it will be increasingly designed by computers.

    At first, computers will probably imitate human cultural prototypes, writing humanlike texts and composing humanlike music. This doesn’t mean computers lack creativity; after all, human artists do the same. Bach didn’t compose music in a vacuum; he was deeply influenced by previous musical creations, as well as by biblical stories and other preexisting cultural artifacts. But just as human artists like Bach can break with tradition and innovate, computers too can make cultural innovations, composing music or making images that are somewhat different from anything previously produced by humans. These innovations will in turn influence the next generation of computers, which will increasingly deviate from the original human models, especially because computers are free from the limitations that evolution and biochemistry impose on the human imagination. For millennia human beings have lived inside the dreams of other humans. In the coming decades we might find ourselves living inside the dreams of an alien intelligence.41

    The danger this poses is very different from that imagined by most science fiction, which has largely focused on the physical threats posed by intelligent machines. The Terminator depicted robots running in the streets and shooting people. The Matrix proposed that to gain total control of human society, computers would have to first gain physical control of our brains, hooking them directly to a computer network. But in order to manipulate humans, there is no need to physically hook brains to computers. For thousands of years prophets, poets, and politicians have used language to manipulate and reshape society. Now computers are learning how to do it. And they won’t need to send killer robots to shoot us. They could manipulate human beings to pull the trigger.

    Fear of powerful computers has haunted humankind only since the beginning of the computer age in the middle of the twentieth century. But for thousands of years humans have been haunted by a much deeper fear. We have always appreciated the power of stories and images to manipulate our minds and to create illusions. Consequently, since ancient times humans have feared being trapped in a world of illusions. In ancient Greece, Plato told the famous allegory of the cave, in which a group of people are chained inside a cave all their lives, facing a blank wall. A screen. On that screen they see projected various shadows. The prisoners mistake the illusions they see there for reality. In ancient India, Buddhist and Hindu sages argued that all humans lived trapped inside maya—the world of illusions. What we normally take to be “reality” is often just fictions in our own minds. People may wage entire wars, killing others and willing to be killed themselves, because of their belief in this or that illusion. In the seventeenth century René Descartes feared that perhaps a malicious demon was trapping him inside a world of illusions, creating everything he saw and heard. The computer revolution is bringing us face to face with Plato’s cave, with maya, with Descartes’s demon.

    What you just read might have alarmed you, or angered you. Maybe it made you angry at the people who lead the computer revolution and at the governments who fail to regulate it. Maybe it made you angry at me, thinking that I am distorting reality, being alarmist, and misleading you. But whatever you think, the previous paragraphs might have had some emotional effect on you. I have told a story, and this story might change your mind about certain things, and might even cause you to take certain actions in the world. Who created this story you’ve just read?

    I promise you that I wrote the text myself, with the help of some other humans. I promise you that this is a cultural product of the human mind. But can you be absolutely sure of it? A few years ago, you could. Prior to the 2020s, there was nothing on earth, other than a human mind, that could produce sophisticated texts. Today things are different. In theory, the text you’ve just read might have been generated by the alien intelligence of some computer.

    WHAT ARE THE IMPLICATIONS?

    As computers amass power, it is likely that a completely new information network will emerge. Of course, not everything will be new. For at least some time, most of the old information chains will remain. The network will still contain human-to-human chains, like families, and human-to-document chains, like churches. But the network will increasingly contain two new kinds of chains.

    First, computer-to-human chains, in which computers mediate between humans and occasionally control humans. Facebook and TikTok are two familiar examples. These computer-to-human chains are different from traditional human-to-document chains, because computers can use their power to make decisions, create ideas, and deepfake intimacy in order to influence humans in ways that no document ever could. The Bible had a profound effect on billions of people, even though it was a mute document. Now try to imagine the effect of a holy book that not only can talk and listen but can get to know your deepest fears and hopes and constantly mould them.

    Second, computer-to-computer chains are emerging in which computers interact with one another on their own. Humans are excluded from these loops and have difficulty even understanding what’s happening inside them. Google Brain, for example, has experimented with new encryption methods developed by computers. It set up an experiment where two computers—nicknamed Alice and Bob—had to exchange encrypted messages, while a third computer named Eve tried to break their encryption. If Eve broke the encryption within a given time period, it got points. If it failed, Alice and Bob scored. After about fifteen thousand exchanges, Alice and Bob came up with a secret code that Eve couldn’t break. Crucially, the Google engineers who conducted the experiment had not taught Alice and Bob anything about how to encrypt messages. The computers created a private language all on their own.42

    Similar things are already happening in the world outside research laboratories. For example, the foreign exchange market (forex) is the global market for exchanging foreign currencies, and it determines the exchange rates between, say, the euro and the U.S. dollar. In April 2022, the trade volume on the forex averaged $7.5 trillion per day. More than 90 percent of this trading is already done by computers talking directly with other computers.43 How many humans know how the forex market operates, let alone understand how the computers agree among themselves on trades worth trillions—and on the value of the euro and the dollar?

    For the foreseeable future, the new computer-based network will still include billions of humans, but we might become a minority. For the network will also include billions—perhaps even hundreds of billions—of superintelligent alien agents. This network will be radically different from anything that existed previously in human history, or indeed in the history of life on earth. Ever since life first emerged on our planet about four billion years ago, all information networks were organic. Human networks like churches and empires were also organic. They had a lot in common with prior organic networks like wolf packs. They all kept revolving around the traditional biological dramas of predation, reproduction, sibling rivalry, and romantic triangles. An information network dominated by inorganic computers would be different in ways that we can hardly even imagine. After all, as human beings, our imagination too is a product of organic biochemistry and cannot go beyond our preprogrammed biological dramas.

    It is only eighty years since the first digital computers were built. The pace of change is constantly accelerating, and we are nowhere close to exhausting the full potential of computers.44 They may continue to evolve for millions of years, and what happened in the past eighty years is as nothing compared with what’s in store. As a crude analogy, imagine that we are in ancient Mesopotamia, eighty years after the first person thought of using a stick to imprint signs on a piece of wet clay. Could we, at that moment, envision the Library of Alexandria, the power of the Bible, or the archives of the NKVD? Even this analogy grossly underestimates the potential of future computer evolution. So try to imagine that we are now eighty years since the first self-replicating genetic code lines coalesced out of the organic soup of early Earth, about four billion years ago. At this stage, even single-celled amoebas with their cellular organization, their thousands of internal organelles, and their ability to control movement and nutrition are still futuristic fantasies.45 Could we envision Tyrannosaurus rex, the Amazon rain forest, or humans landing on the moon?

    We still tend to think of a computer as a metal box with a screen and a keyboard, because this is the shape our organic imagination gave to the first baby computers in the twentieth century. As computers grow and develop, they are shedding old forms and taking radically new configurations, breaking the spatial and temporal limits of the human imagination. Unlike organic beings, computers don’t have to be in just one place at any one time. They already diffuse over space, with different parts in different cities and continents. In computer evolution, the distance from amoeba to T. rex could be covered in a decade. And whereas organic evolution took four billion years to get from organic soup to apes on the moon, computers may require just a couple of centuries to develop superintelligence, expand to planetary sizes, contract to a subatomic level, or come to sprawl over galactic space and time.

    The pace of computer evolution is reflected in the terminological chaos that surrounds computers. While a couple of decades ago it was customary to speak only about “computers,” now we find ourselves talking about algorithms, robots, bots, AIs, networks, or clouds. Our difficulty in deciding what to call them is itself important. Organisms are distinct individual entities that can be grouped into collectives like species and genera. With computers, however, it is becoming ever more difficult to decide where one entity ends and another begins and how exactly to group them.

    In this book I use the term “computer” when talking about the whole complex of software and hardware, manifested in physical form. I prefer to often use the almost-archaic-sounding “computer” over “algorithm” or “AI,” partly because I am aware how fast terms change and partly to remind us of the physical aspect of the computer revolution. Computers are made of matter, they consume energy, and they fill a space. Enormous amounts of electricity, fuel, water, land, precious minerals, and other resources are used to manufacture and operate them. Data centers alone account for between 1 percent and 1.5 percent of global energy usage, and large data centers take up millions of square feet and require hundreds of thousands of gallons of fresh water every day to keep them from overheating.46

    I also use the term “algorithm,” when I wish to focus more on software aspects, but it is crucial to remember that all the algorithms mentioned in subsequent pages run on some computer or other. As for the term “AI,” I use it when emphasizing the ability of some algorithms to learn and change by themselves. Traditionally, AI has been an acronym for “Artificial Intelligence.” But for reasons already evident from the previous discussion, it is perhaps better to think of it as an acronym for “Alien Intelligence.” As AI evolves, it becomes less artificial (in the sense of depending on human designs) and more alien. It should also be noted that people often define and evaluate AI through the metric of “human-level intelligence,” and there is much debate about when we can expect AIs to reach “human-level intelligence.” The use of this metric, however, is deeply confusing. It is like defining and evaluating airplanes through the metric of “bird-level flight.” AI isn’t progressing towards human-level intelligence. It is evolving an entirely different type of intelligence.

    Another confusing term is “robot.” In this book it is used to allude to cases when a computer moves and operates in the physical sphere; whereas the term “bot” refers to algorithms operating mainly in the digital sphere. A bot may be polluting your social media account with fake news, while a robot may clean your living room of dust.

    One last note on terminology: I tend to speak of the computer-based “network” in the singular, rather than about “networks” in the plural. I am fully aware that computers can be used to create many networks with diverse characteristics, and chapter 11 explores the possibility that the world will be divided into radically different and even hostile computer networks. Nevertheless, just as different tribes, kingdoms, and churches share important features that enable us to talk about a single human network that has come to dominate planet Earth, so I prefer to talk about the computer network in the singular, in order to contrast it to the human network it is superseding.

    TAKING RESPONSIBILITY

    Although we cannot predict the long-term evolution of the computer-based network over the coming centuries and millennia, we can nevertheless say something about how it is evolving right now, and that is far more urgent, because the rise of the new computer network has immediate political and personal implications for all of us. In the next chapters, we’ll explore what is so new about our computer-based network and what it might mean for human life. What should be clear from the start is that this network will create entirely novel political and personal realities. The main message of the previous chapters has been that information isn’t truth and that information revolutions don’t uncover the truth. They create new political structures, economic models, and cultural norms. Since the current information revolution is more momentous than any previous information revolution, it is likely to create unprecedented realities on an unprecedented scale.

    It is important to understand this because we humans are still in control. We don’t know for how long, but we still have the power to shape these new realities. To do so wisely, we need to comprehend what is happening. When we write computer code, we aren’t just designing a product. We are redesigning politics, society, and culture, and so we had better have a good grasp of politics, society, and culture. We also need to take responsibility for what we are doing.

    Alarmingly, as in the case of Facebook’s involvement in the anti-Rohingya campaign, the corporations that lead the computer revolution tend to shift responsibility to customers and voters, or to politicians and regulators. When accused of creating social and political mayhem, they hide behind arguments like “We are just a platform. We are doing what our customers want and what the voters permit. We don’t force anyone to use our services, and we don’t violate any existing law. If customers didn’t like what we do, they would leave. If voters didn’t like what we do, they would pass laws against us. Since the customers keep asking for more, and since no law forbids what we do, everything must be okay.”47

    These arguments are either naive or disingenuous. Tech giants like Facebook, Amazon, Baidu, and Alibaba aren’t just the obedient servants of customer whims and government regulations. They increasingly shape these whims and regulations. The tech giants have a direct line to the world’s most powerful governments, and they invest huge sums in lobbying efforts to throttle regulations that might undermine their business model. For example, they have fought tenaciously to protect Section 230 of the US Telecommunications Act of 1996, which provides immunity from liability for online platforms regarding content published by their users. It is Section 230 that protects Facebook, for example, from being liable for the Rohingya massacre. In 2022 top tech companies spent close to $70 million on lobbying in the United States, and another €113 million on lobbying EU bodies, outstripping the lobbying expenses of oil and gas companies and pharmaceuticals.48 The tech giants also have a direct line to people’s emotional system, and they are masters at swaying the whims of customers and voters. If the tech giants obey the wishes of voters and customers, but at the same time also mold these wishes, then who really controls whom?

    The problem goes even deeper. The principles that “the customer is always right” and that “the voters know best” presuppose that customers, voters, and politicians know what is happening around them. They presuppose that customers who choose to use TikTok and Instagram comprehend the full consequences of this choice, and that voters and politicians who are responsible for regulating Apple and Huawei fully understand the business models and activities of these corporations. They presuppose that people know the ins and outs of the new information network and give it their blessing.

    The truth is, we don’t. That’s not because we are stupid but because the technology is extremely complicated and things are moving at breakneck speed. It takes effort to understand something like blockchain-based cryptocurrencies, and by the time you think you understand it, it has morphed again. Finance is a particularly crucial example, for two reasons. First, it is much easier for computers to create and change financial devices than physical objects, because modern financial devices are made entirely of information. Currencies, stocks, and bonds were once physical objects made of gold and paper, but they have already become digital entities existing mostly in digital databases. Second, these digital entities have enormous impact on the social and political world. What might happen to democracies—or to dictatorships, for that matter—if humans are no longer able to understand how the financial system functions?

    As a test case, consider what the new technology is doing to taxation. Traditionally, people and corporations paid taxes only in countries where they were physically present. But things are much trickier when physical space is augmented or replaced by cyberspace and when more and more transactions involve only the transfer of information rather than of physical goods or traditional currencies. For example, a citizen of Uruguay may daily interact online with numerous companies that might have no physical presence in Uruguay but that provide her with various services. Google provides her with free search, and ByteDance—the parent company of the TikTok application—provides her with free social media. Other foreign companies routinely target her with advertisements: Nike wants to sell her shoes, Peugeot wants to sell her a car, and Coca Cola wants to sell her soft drinks. In order to target her, these companies buy both personal information and ad space from Google and ByteDance. In addition, Google and ByteDance use the information they harvest from her and from millions of other users to develop powerful new AI tools that they can then sell to various governments and corporations throughout the world. Thanks to such transactions, Google and ByteDance are among the richest corporations in the world. So, should her transactions with them be taxed in Uruguay?

    Some think they should. Not just because information from Uruguay helped make these corporations rich, but also because their activities undermine taxpaying Uruguayan businesses. Local newspapers, TV stations, and movie theaters lose customers and ad revenue to the tech giants. Prospective Uruguayan AI companies also suffer, because they cannot compete with Google’s and ByteDance’s massive data troves. But the tech giants reply that none of the relevant transactions involved any physical presence in Uruguay or any monetary payments. Google and ByteDance provided Uruguayan citizens with free online services, and in return the citizens freely handed over their purchase histories, vacation photos, funny cat videos, and other information.

    If they nevertheless want to tax these transactions, the tax authorities need to reconsider some of their most fundamental concepts, such as “nexus.” In tax literature, “nexus” means an entity’s connection to a given jurisdiction. Traditionally, whether a corporation had nexus in a specific country depended on whether it had physical presence there, in the form of offices, research centers, shops, and so forth. One proposal for addressing the tax dilemmas created by the computer network is to redefine nexus. In the words of the economist Marko Köthenbürger, “The definition of nexus based on a physical presence should be adjusted to include the notion of a digital presence in a country.”49 This implies that even if Google and ByteDance have no physical presence in Uruguay, the fact that people in Uruguay use their online services should nevertheless make them subject to taxation there. Just as Shell and BP pay taxes to countries from which they extract oil, the tech giants should pay taxes to countries from which they extract data.

    This still leaves open the question of what, exactly, the Uruguayan government should tax. For example, suppose Uruguayan citizens shared a million cat videos through TikTok. ByteDance didn’t charge them or pay them anything for this. But ByteDance later used the videos to train an image-recognition AI, which it sold to the South African government for ten million U.S. dollars. How would the Uruguayan authorities even know that the money was partly the fruit of Uruguayan cat videos, and how could they calculate their share? Should Uruguay impose a cat video tax? (This may sound like a joke, but as we shall see in chapter 11, cat images were crucial for making one of the most important breakthroughs in AI.)

    It can get even more complicated. Suppose Uruguayan politicians promote a new scheme to tax digital transactions. In response, suppose one of the tech giants offers to provide a certain politician with valuable information on Uruguayan voters and tweak its social media and search algorithms to subtly favor that politician, which helps him win the next election. In exchange, maybe the incoming prime minister abandons the digital tax scheme. He also passes regulations that protect tech giants from lawsuits concerning users’ privacy, thereby making it easier for them to harvest information in Uruguay. Was this bribery? Note that not a single dollar or peso exchanged hands.

    Such information-for-information deals are already ubiquitous. Each day billions of us conduct numerous transactions with the tech giants, but one could never guess that from our bank accounts, because hardly any money is moving. We get information from the tech giants, and we pay them with information. As more transactions follow this information-for-information model, the information economy grows at the expense of the money economy, until the very concept of money becomes questionable.

    Money is supposed to be a universal measure of value, rather than a token used only in some settings. But as more things are valued in terms of information, while being “free” in terms of money, at some point it becomes misleading to evaluate the wealth of individuals and corporations in terms of the amount of dollars or pesos they possess. A person or corporation with little money in the bank but a huge data bank of information could be the wealthiest, or most powerful, entity in the country. In theory, it might be possible to quantify the value of their information in monetary terms, but they never actually convert the information into dollars or pesos. Why do they need dollars, if they can get what they want with information?

    This has far-reaching implications for taxation. Taxes aim to redistribute wealth. They take a cut from the wealthiest individuals and corporations, in order to provide for everyone. However, a tax system that knows how to tax only money will soon become outdated as many transactions no longer involve money. In a data-based economy, where value is stored as data rather than as dollars, taxing only money distorts the economic and political picture. Some of the wealthiest entities in the country may pay zero taxes, because their wealth consists of petabits of data rather than billions of dollars.50

    States have thousands of years of experience in taxing money. They don’t know how to tax information—at least, not yet. If we are indeed shifting from an economy dominated by money transactions to an economy dominated by information transactions, how should states react? China’s social credit system is one way a state may adapt to the new conditions. As we’ll explain in chapter 7, the social credit system is at heart a new kind of money—an information-based currency. Should all states copy the Chinese example and mint their own social credits? Are there alternative strategies? What does your favorite political party say about this question?

    RIGHT AND LEFT

    Taxation is just one among many problems created by the computer revolution. The computer network is disrupting almost all power structures. Democracies fear the rise of new digital dictatorships. Dictatorships fear the emergence of agents they don’t know how to control. Everyone should be concerned about the elimination of privacy and the spread of data colonialism. We’ll explain the meaning of each of these threats in the following chapters, but the point here is that the conversations about these dangers are only starting and the technology is moving much faster than the policy.For example, what’s the difference between the AI policies of Republicans and Democrats? What’s a right-wing position on AI, and what’s a left-wing position? Are conservatives against AI because of the threat it poses to traditional human-centered culture, or do they favor it because it will fuel economic growth while simultaneously reducing the need for immigrant workers? Do progressives oppose AI because of the risks of disinformation and increasing bias, or do they embrace it as a means of generating abundance that could finance a comprehensive welfare state? It is hard to tell, because until very recently Republicans and Democrats, and most other political parties around the world, haven’t thought or talked much about these issues.

    Some people—like the engineers and executives of high-tech corporations—are way ahead of politicians and voters and are better informed than most of us about the development of AI, cryptocurrencies, social credits, and the like. Unfortunately, most of them don’t use their knowledge to help regulate the explosive potential of the new technologies. Instead, they use it to make billions of dollars—or to accumulate petabits of information.

    There are exceptions, like Audrey Tang. She was a leading hacker and software engineer who in 2014 joined the Sunflower Student Movement that protested against government policies in Taiwan. The Taiwanese cabinet was so impressed by her skills that Tang was eventually invited to join the government as its minister of digital affairs. In that position, she helped make the government’s work more transparent to citizens. She was also credited with using digital tools to help Taiwan successfully contain the COVID-19 outbreak.51

    Yet Tang’s political commitment and career path are not the norm. For every computer-science graduate who wants to be the next Audrey Tang, there are probably many more who want to be the next Jobs, Zuckerberg, or Musk and build a multibillion corporation rather than become an elected public servant. This leads to a dangerous information asymmetry. The people who lead the information revolution know far more about the underlying technology than the people who are supposed to regulate it. Under such conditions, what’s the meaning of chanting that the customer is always right and that the voters know best?

    The following chapters try to level the playing field a bit and encourage us to take responsibility for the new realities created by the computer revolution. These chapters talk a lot about technology, but the viewpoint is thoroughly human. The key question is, what would it mean for humans to live in the new computer-based network, perhaps as an increasingly powerless minority? How would the new network change our politics, our society, our economy, and our daily lives? How would it feel to be constantly monitored, guided, inspired, or sanctioned by billions of nonhuman entities? How would we have to change in order to adapt, survive, and hopefully even flourish in this startling new world?

    NO DETERMINISM

    The most important thing to remember is that technology, in itself, is seldom deterministic. Belief in technological determinism is dangerous because it excuses people of all responsibility. Yes, since human societies are information networks, inventing new information technologies is bound to change society. When people invent printing presses or machine-learning algorithms, it will inevitably lead to a profound social and political revolution. However, humans still have a lot of control over the pace, shape, and direction of this revolution—which means we also have a lot of responsibility.

    At any given moment, our scientific knowledge and technical skills can lend themselves to developing any number of different technologies, but we have only finite resources at our disposal. We should make responsible choices about where to invest these resources. Should they be used to develop a new medicine for malaria, a new wind turbine, or a new immersive video game? There is nothing inevitable about our choice; it reflects political, economic, and cultural priorities.

    In the 1970s, most computer corporations like IBM focused on developing big and costly machines, which they sold to major corporations and government agencies. It was technically feasible to develop small, cheap personal computers and sell them to private individuals, but IBM had little interest in that. It didn’t fit its business model. On the other side of the Iron Curtain, in the U.S.S.R., the Soviets were also interested in computers, but they were even less inclined than IBM to develop personal computers. In a totalitarian state—where even private ownership of typewriters was suspect—the idea of providing private individuals with control of a powerful information technology was taboo. Computers were therefore given mainly to Soviet factory managers, and even they had to send all their data back to Moscow to be analyzed. As a result, Moscow was flooded with paperwork. By the 1980s, this unwieldy system of computers was producing 800 billion documents per year, all destined for the capital.52

    However, at a time when IBM and the Soviet government declined to develop the personal computer, hobbyists like the members of the California Homebrew Computer Club resolved to do it by themselves. It was a conscious ideological decision, influenced by the 1960s counterculture with its anarchist ideas of power to the people and libertarian distrust of governments and big corporations.53

    Leading members of the Homebrew Computer Club, like Steve Jobs and Steve Wozniak, had big dreams but little money and didn’t have access to the resources of either corporate America or the government apparatus. Jobs and Wozniak sold their personal possessions, like Jobs’s Volkswagen, to finance the creation of the first Apple computer. It was because of such personal decisions, rather than because of the inevitable decree of the goddess of technology, that by 1977 individuals could buy the Apple II personal computer for a price of $1,298—a considerable sum, but within reach of middle-class customers.54

    We can easily imagine an alternative history. Suppose humanity in the 1970s had access to the same scientific knowledge and technical skills, but McCarthyism had killed the 1960s counterculture and established an American totalitarian regime that mirrored the Soviet system. Would we have personal computers today? Of course, personal computers might still have emerged in a different time and place. But in history, time and place are crucial, and no two moments are the same. It matters a great deal that America was colonized by the Spaniards in the 1490s rather than by the Ottomans in the 1520s, or that the atom bomb was developed by the Americans in 1945 rather than by the Germans in 1942. Similarly, there would have been significant political, economic, and cultural consequences if the personal computer emerged not in San Francisco of the 1970s but rather in Osaka of the 1980s or in Shanghai of the first decade of the twenty-first century.

    The same is true of the technologies being currently developed. Engineers working for authoritarian governments and ruthless corporations could develop new tools to empower the central authority, by monitoring citizens and customers twenty-four hours a day. Hackers working for democracies may develop new tools to strengthen society’s self-correcting mechanisms, by exposing government corruption and corporate malpractices. Both technologies could be developed.

    Choice doesn’t end there. Even after a particular tool is developed, it can be put to many uses. We can use a knife to murder a person, to save their life in surgery, or to cut vegetables for their dinner. The knife doesn’t force our hand. It’s a human choice. Similarly, when cheap radio sets were developed, it meant that almost every family in Germany could afford to have one at home. But how would it be used? Cheap radios could mean that when a totalitarian leader gave a speech, he could reach the living room of every German family. Or they could mean that every German family could choose to listen to a different radio program, reflecting and cultivating a diversity of political and artistic views. East Germany went one way; West Germany went the other. Though radio sets in East Germany could technically receive a wide range of transmissions, the East German government did its best to jam Western broadcasts and punished people who secretly tuned in to them.55 The technology was the same, but politics made very different uses of it.

    The same is true of the new technologies of the twenty-first century. To exercise our agency, we first need to understand what the new technologies are and what they can do. That’s an urgent responsibility of every citizen. Naturally, not every citizen needs a PhD in computer science, but to retain control of our future, we do need to understand the political potential of computers. The next few chapters, then, offer an overview of computer politics for twenty-first-century citizens. We will first learn what the political threats and promises are of the new computer network and will then explore the different ways that democracies, dictatorships, and the international system as a whole might adjust to the new computer politics.

    Politics involves a delicate balance between truth and order. As computers become important members of our information network, they are increasingly tasked with discovering truth and maintaining order. For example, the attempt to find the truth about climate change increasingly depends on calculations that only computers can make, and the attempt to reach social consensus about climate change increasingly depends on recommendation algorithms that curate our news feeds, and on creative algorithms that write news stories, fake news, and fiction. At present, we are in a political deadlock about climate change, partly because the computers are at a deadlock. Calculations run on one set of computers warn us of an imminent ecological catastrophe, but another set of computers prompt us to watch videos that cast doubt on those warnings. Which set of computers should we believe? Human politics is now also computer politics.

    To understand the new computer politics, we need a deeper understanding of what’s new about computers. In this chapter we noted that unlike printing presses and other previous tools, computers can make decisions by themselves and can create ideas by themselves. That, however, is just the tip of the iceberg. What’s really new about computers is the way they make decisions and create ideas. If computers made decisions and created ideas in a way similar to humans, then computers would be a kind of “new humans.” That’s a scenario often explored in science fiction: the computer that becomes conscious, develops feelings, falls in love with a human, and turns out to be exactly like us. But the reality is very different, and potentially more alarming.

    CHAPTER 7 Relentless: The Network Is Always On

    Humans are used to being monitored. For millions of years, we have been watched and tracked by other animals, as well as by other humans. Family members, friends, and neighbors have always wanted to know what we do and feel, and we have always cared deeply how they see us and what they know about us. Social hierarchies, political maneuvers, and romantic relationships involved a never-ending effort to decipher what other people feel and think and occasionally hide our own feelings and thoughts.

    When centralized bureaucratic networks appeared and developed, one of the bureaucrats’ most important roles was to monitor entire populations. Officials in the Qin Empire wanted to know whether we were paying our taxes or plotting resistance. The Catholic Church wanted to know whether we paid our tithes and whether we masturbated. The Coca-Cola Company wanted to know how to persuade us to buy its products. Rulers, priests, and merchants wanted to know our secrets in order to control and manipulate us.

    Of course, surveillance has also been essential for providing beneficial services. Empires, churches, and corporations needed information in order to provide people with security, support, and essential goods. In modern states sanitation officials want to know where we get our water from and where we defecate. Health-care officials want to know what illnesses we suffer from and how much we eat. Welfare officials want to know whether we are unemployed or perhaps abused by our spouses. Without this information, they cannot help us.

    In order to get to know us, both benign and oppressive bureaucracies have needed to do two things. First, gather a lot of data about us. Second, analyze all that data and identify patterns. Accordingly, empires, churches, corporations, and health-care systems—from ancient China to the modern United States—have gathered and analyzed data about the behavior of millions of people. However, in all times and places surveillance has been incomplete. In democracies like the modern United States, legal limits have been placed on surveillance to protect privacy and individual rights. In totalitarian regimes like the ancient Qin Empire and the modern U.S.S.R., surveillance faced no such legal barriers but came up against technical boundaries. Not even the most brutal autocrats had the technology necessary to follow everybody all the time. Some level of privacy was therefore the default even in Hitler’s Germany, Stalin’s U.S.S.R., or the copycat Stalinist regime set up in Romania after 1945.

    Gheorghe Iosifescu, one of the first computer scientists in Romania, recalled that when computers were first introduced in the 1970s, the country’s regime was extremely uneasy about this unfamiliar information technology. One day in 1976 when Iosifescu walked into his office in the governmental Centrul de Calcul (Center for Calculus), he saw sitting there an unfamiliar man in a rumpled suit. Iosifescu greeted the stranger, but the man did not respond. Iosifescu introduced himself, but the man remained silent. So Iosifescu sat down at his desk, switched on a large computer, and began working. The stranger drew his chair closer, watching Iosifescu’s every move.

    Throughout the day Iosifescu repeatedly tried to strike up a conversation, asking the stranger what his name was, why he was there, and what he wanted to know. But the man kept his mouth shut and his eyes wide open. When Iosifescu went home in the evening, the man got up and left too, without saying goodbye. Iosifescu knew better than to ask any further questions; the man was obviously an agent of the dreaded Romanian secret police, the Securitate.

    The next morning, when Iosifescu came to work, the agent was already there. He again sat at Iosifescu’s desk all day, silently taking notes in a little notepad. This continued for the next thirteen years, until the collapse of the communist regime in 1989. After sitting at the same desk for all those years, Iosifescu never even learned the agent’s name.1

    Iosifescu knew that other Securitate agents and informers were probably monitoring him outside the office, too. His expertise with a powerful and potentially subversive technology made him a prime target. But in truth, the paranoid regime of Nicolae Ceauşescu regarded all twenty million Romanian citizens as targets. If it was possible, Ceauşescu would have placed every one of them under constant surveillance. He actually made some steps in that direction. Before he came to power, in 1965, the Securitate had just 1 electronic surveillance center in Bucharest and 11 more in provincial cities. By 1978, Bucharest alone was monitored by 10 electronic surveillance centers, 248 centers scrutinized the provinces, and an additional 1,000 portable surveillance units were moved around to eavesdrop on remote villages and holiday resorts.2

    When, in the late 1970s, Securitate agents discovered that some Romanians were writing anonymous letters to Radio Free Europe criticizing the regime, Ceauşescu orchestrated a nationwide effort to collect handwriting samples from all twenty million Romanian citizens. Schools and universities were forced to hand in essays from every student. Employers had to request each employee to submit a handwritten CV and then forward it to the Securitate. “What about retirees, and the unemployed?” asked one of Ceauşescu’s aides. “Invent some kind of new form!” commanded the dictator. “Something they will have to fill in.” Some of the subversive letters, however, were typed, so Ceauşescu also had every state-owned typewriter in the country registered, with samples filed away in the Securitate archive. People who possessed a private typewriter had to inform the Securitate of it, hand in the typewriter’s “fingerprint,” and ask for official authorization to use it.3

    But Ceauşescu’s regime, just like the Stalinist regime it modeled itself on, could not really follow every citizen twenty-four hours a day. Given that even Securitate agents needed to sleep, it would probably have required at least forty million of them to keep the twenty million Romanian citizens under constant surveillance. Ceauşescu had only about forty thousand Securitate agents.4 And even if Ceauşescu could somehow conjure forty million agents, that would only have presented new problems, because the regime needed to monitor its own agents, too. Like Stalin, Ceauşescu distrusted his own agents and officials more than anyone else, especially after his spy chief—Ion Mihai Pacepa—defected to the United States in 1978. Politburo members, high-ranking officials, army generals, and Securitate chiefs were living under even closer surveillance than Iosifescu. As the ranks of the secret police swelled, more agents were needed to spy on all these agents.5

    One solution was to have people spy on one another. In addition to its 40,000 professional agents, the Securitate relied on 400,000 civilian informers.6 People often informed on their neighbors, colleagues, friends, and even closest family members. But no matter how many informants a secret police employed, gathering all that data was not sufficient to create a total surveillance regime. Suppose the Securitate succeeded in recruiting enough agents and informers to watch everyone twenty-four hours a day. At the end of each day, every agent and informer would have had to compile a report on what they observed. Securitate headquarters would have been flooded by 20 million reports every day—or 7.3 billion reports a year. Unless analyzed, it was just an ocean of paper. Yet where could the Securitate find enough analysts to scrutinize and compare 7.3 billion reports annually?

    These difficulties in gathering and analyzing information meant that in the twentieth century not even the most totalitarian state could effectively monitor its entire population. Most of what Romanian and Soviet citizens did and said escaped the notice of the Securitate and the KGB. Even the details that made it into some archive often languished unread. The real power of the Securitate and the KGB was not an ability to constantly watch everyone, but rather their ability to inspire the fear that they might be watching, which made everyone extremely careful about what they said and did.7

    SLEEPLESS AGENTS

    In a world where surveillance is conducted by the organic eyes, ears, and brains of people like the Securitate agent in Iosifescu’s lab, even a prime target like Iosifescu still had some privacy, first and foremost within his own mind. But the work of computer scientists like Iosifescu himself was changing this. Already in 1976, the crude computer sitting on Iosifescu’s desk could crunch numbers much better than the Securitate agent in the nearby chair. By 2024, we are getting close to the point when a ubiquitous computer network can follow the population of entire countries twenty-four hours a day. This network doesn’t need to hire and train millions of human agents to follow us around; it relies on digital agents instead. And the network doesn’t even need to pay for these digital agents. Citizens pay for the agents on our own initiative, and we carry them with us wherever we go.

    The agent monitoring Iosifescu didn’t accompany Iosifescu into the toilet and didn’t sit on the bed while Iosifescu was having sex. Today, our smartphone sometimes does exactly that. Moreover, many of the activities Iosifescu did without any help from his computer—like reading the news, chatting with friends, or buying food—are now done online, so it is even easier for the network to know what we are doing and saying. We ourselves are the informers that provide the network with our raw data. Even those without smartphones are almost always within the orbit of some camera, microphone, or tracking device, and they too constantly interact with the computer network in order to find work, buy a train ticket, get a medical prescription, or simply walk down the street. The computer network has become the nexus of most human activities. In the middle of almost every financial, social, or political transaction, we now find a computer. Consequently, like Adam and Eve in paradise, we cannot hide from the eye in the clouds.

    Just as the computer network doesn’t need millions of human agents to follow us, it also doesn’t need millions of human analysts to make sense of our data. The ocean of paper in Securitate headquarters never analyzed itself. But thanks to the magic of machine learning and AI, computers can themselves analyze most of the information they accumulate. An average human can read about 250 words per minute.8 A Securitate analyst working twelve-hour shifts without taking any days off, could read about 2.6 billion words during a forty-year career. In 2024 language algorithms like ChatGPT and Meta’s Llama can process millions of words per minute and “read” 2.6 billion words in a couple of hours.9 The ability of such algorithms to process images, audio recordings, and video footage is equally superhuman.

    Even more important, the algorithms far surpass humans in their ability to spot patterns in that ocean of data. Identifying patterns requires both the ability to create ideas and the ability to make decisions. For example, how do human analysts identify someone as a “suspected terrorist” that merits closer attention? First, they create a set of general criteria, such as “reading extremist literature,” “befriending known terrorists,” and “having technical knowledge necessary to produce dangerous weapons.” Then they need to decide whether a particular individual meets enough of these criteria to be labeled a suspected terrorist. Suppose someone watched a hundred extremist videos on YouTube last month, is friends with a convicted terrorist, and is currently pursuing a doctorate in epidemiology in a laboratory containing samples of Ebola virus. Should that person be put on the “suspected terrorists” list? And what about someone who watched fifty extremist videos last month and is a biology undergraduate?

    In Romania of the 1970s only humans could make such decisions. By the 2010s humans were increasingly leaving it to algorithms to decide. Around 2014–15 the U.S. National Security Agency deployed an AI tool called Skynet that placed people on a “suspected terrorists” list based on the electronic patterns of their communications, writings, travel, and social media postings. According to one report, that AI tool “engages in mass surveillance of Pakistan’s mobile phone network, and then uses a machine learning algorithm on the cellular network metadata of 55 million people to try and rate each person’s likelihood of being a terrorist.” A former director of both the CIA and the NSA proclaimed that “we kill people based on metadata.”10 Skynet’s reliability has been severely criticized, but by the 2020s such technology has become far more sophisticated and has been deployed by a lot more governments. Going over massive amounts of data, algorithms can discover completely new criteria for defining someone as “suspect” which have previously escaped the notice of human analysts.11In the future, algorithms could even create an entire new model for how people are radicalized, just by identifying patterns in the lives of known terrorists. Of course, computers remain fallible, as we shall explore in depth in chapter 8. They may well classify innocent people as terrorists or may create a false model for radicalization. At an even more fundamental level, it is questionable whether the systems’ definition of things like terrorism are objective. There is a long history of regimes using the label “terrorist” to cover any and all opposition. In the Soviet Union, anyone who opposed the regime was a terrorist. Consequently, when an AI labels someone a “terrorist” it might reflect ideological biases rather than objective facts. The power to make decisions and invent ideas is inseparable from the capacity to make mistakes. Even if no mistakes are committed, the algorithms’ superhuman ability to recognize patterns in an ocean of data can supercharge the power of numerous malign actors, from repressive dictatorships that seek to identify dissidents to fraudsters who seek to identify vulnerable targets.

    Of course, pattern recognition also has enormous positive potential. Algorithms can help identify corrupt government officials, white-collar criminals, and tax-evading corporations. The algorithms can similarly help flesh-and-blood sanitation officials to spot threats to our drinking water;12 help doctors to discern illnesses and burgeoning epidemics;13 and help police officers and social workers to identify abused spouses and children.14 In the following pages, I dedicate relatively little attention to the positive potential of algorithmic bureaucracies, because the entrepreneurs leading the AI revolution already bombard the public with enough rosy predictions about them. My goal here is to balance these utopian visions by focusing on the more sinister potential of algorithmic pattern recognition. Hopefully, we can harness the positive potential of algorithms while regulating their destructive capacities.

    But to do so, we must first appreciate the fundamental difference between the new digital bureaucrats and their flesh-and-blood predecessors. Inorganic bureaucrats can be “on” twenty-four hours a day and can monitor us and interact with us anywhere, anytime. This means that bureaucracy and surveillance are no longer something we encounter only in specific times and places. The health-care system, the police, and manipulative corporations are all becoming ubiquitous and permanent features of life. Instead of organizations with which we interact only in certain situations—for example, when we visit the clinic, the police station, or the mall—they are increasingly accompanying us every moment of the day, watching and analyzing every single thing that we do. As fish live in water, humans live in a digital bureaucracy, constantly inhaling and exhaling data. Each action we make leaves a trace of data, which is gathered and analyzed to identify patterns.

    UNDER-THE-SKIN SURVEILLANCE

    For better or worse, the digital bureaucracy may not only monitor what we do in the world but even observe what is happening inside our bodies. Take, for example, tracking eye movements. By the early 2020s, CCTV cameras, as well as cameras in laptops and smartphones, have begun to routinely collect and analyze data on the movements of our eyes, including tiny changes to our pupils and irises lasting just a few milliseconds. Human agents are barely capable of even noticing such data, but computers can use it to calculate the direction of our gaze, based on the shape of our pupils and irises and on the patterns of light they reflect. Similar methods can determine whether our eyes are fixating on a stable target, pursuing a moving target, or wandering around more haphazardly.

    From certain patterns of eye movements, computers can then distinguish, for example, moments of awareness from moments of distraction, and detail-oriented people from those who pay more attention to context. Computers could infer from our eyes many additional personality traits, like how open we are to new experiences, and estimate our level of expertise in various fields ranging from reading to surgery. Experts possessing well-honed strategies display systematic gaze patterns, whereas the eyes of novices wander aimlessly. Eye patterns also indicate our levels of interest in the objects and situations we encounter, and distinguish between positive, neutral, and negative interest. From this, it is possible to deduce our preferences in fields ranging from politics to sex. Much can also be known about our medical condition and our use of various substances. The consumption of alcohol and drugs—even at nonintoxicating doses—has measurable effects on eye and gaze properties, such as changes in pupil size and an impaired ability to fixate on moving objects. A digital bureaucracy may use all that information for benign purposes—such as by providing early detection for people suffering from drug abuse and mental illnesses. But it could obviously also form the foundations of the most intrusive totalitarian regimes in history.15

    In theory, the dictators of the future could get their computer network to go much deeper than just watching our eyes. If the network wants to know our political views, personality traits, and sexual orientation, it could monitor processes inside our hearts and brains. The necessary biometric technology is already being developed by some governments and companies, like Elon Musk’s Neuralink. Musk’s company has conducted experiments on live rats, sheep, pigs, and monkeys, implanting electrical probes into their brains. Each probe contains up to 3,072 electrodes capable of identifying electrical signals and potentially transmitting signals to the brain. In 2023, Neuralink received approval from U.S. authorities to begin experiments on human beings, and in January 2024 it was reported that a first brain chip was implanted in a human.

    Musk speaks openly about his far-reaching plans for this technology, arguing that it can not only alleviate various medical conditions such as quadriplegia (four-limb paralysis) but also upgrade human abilities and thereby help humankind compete with AI. But it should be clear that at present the Neuralink probes and all other similar biometric devices suffer from a host of technical problems that greatly limit their capabilities. It is difficult to accurately monitor bodily activities—in the brain, heart, or anywhere else—from outside the body, whereas implanting electrodes and other monitoring devices into the body is intrusive, dangerous, costly, and inefficient. Our immune system, for example, attacks implanted electrodes.16

    Even more crucially, nobody yet has the biological knowledge necessary to deduce things like precise political opinions from under-the-skin data like brain activity.17 Scientists are far from understanding the mysteries of the human brain, or even of the mouse brain. Simply mapping every neuron, dendrite, and synapse in a mouse brain—let alone understanding the dynamics between them—is currently beyond humanity’s computational abilities.18 Accordingly, while gathering data from inside people’s brains is becoming more feasible, using such data to decipher our secrets is far from easy.

    One popular conspiracy theory of the early 2020s argues that sinister groups led by billionaires like Elon Musk are already implanting computer chips into our brains in order to monitor and control us. However, this theory focuses our anxieties on the wrong target. We should of course fear the rise of new totalitarian systems, but it is too soon to worry about computer chips implanted in our brains. People should instead worry about the smartphones on which they read these conspiracy theories. Suppose someone wants to know your political views. Your smartphone monitors which news channels you are watching and notes that you watch on average forty minutes of Fox News and forty seconds of CNN a day. Meanwhile, an implanted Neuralink computer chip monitors your heart rate and brain activity throughout the day and notes that your maximum heart rate was 120 beats per minute and that your amygdala is about 5 percent more active than the human average. Which data would be more useful to guess your political affiliation—the data coming from the smartphone or from the implanted chip?19 At present, the smartphone is still a far more valuable surveillance tool than biometric sensors.

    However, as biological knowledge increases—not least thanks to computers analyzing petabits of biometric data—under-the-skin surveillance might eventually come into its own, especially if it is linked to other monitoring tools. At that point, if biometric sensors register what happens to the heart rate and brain activity of millions of people as they watch a particular news item on their smartphones, that can teach the computer network far more than just our general political affiliation. The network could learn precisely what makes each human angry, fearful, or joyful. The network could then both predict and manipulate our feelings, selling us anything it wants—be it a product, a politician, or a war.20

    THE END OF PRIVACY

    In a world where humans monitored humans, privacy was the default. But in a world where computers monitor humans, it may become possible for the first time in history to completely annihilate privacy. The most extreme and well-known cases of intrusive surveillance involve either exceptional times of emergency, like the COVID-19 pandemic, or places seen as exceptional to the normal order of things, such as the Occupied Palestinian Territories, the Xinjiang Uyghur Autonomous Region in China, the region of Kashmir in India, Russian-occupied Crimea, the U.S.-Mexico border, and the Afghanistan-Pakistan borderlands. In these exceptional times and places, new surveillance technologies, combined with draconian laws and heavy police or military presence, have relentlessly monitored and controlled people’s movements, actions, and even feelings.21 What is crucial to realize, though, is that AI-based surveillance tools are being deployed on an enormous scale, and not only in such “states of exception.”22 They are now part and parcel of normal life everywhere. The post-privacy era is taking hold in authoritarian countries ranging from Belarus to Zimbabwe,23 as well as in democratic metropolises like London and New York.

    Whether for good or ill, governments intent on combating crime, suppressing dissent, or countering internal threats (real or imaginary) blanket whole territories with a ubiquitous online and offline surveillance network, equipped with spyware, CCTV cameras, facial recognition and voice recognition software, and vast searchable databases. If a government wishes, its surveillance network can reach everywhere, from markets to places of worship, from schools to private residences. (And while not every government is willing or able to install cameras inside people’s homes, algorithms regularly watch us even in our living rooms, bedrooms and bathrooms via our own computers and smartphones.)

    Governmental surveillance networks also routinely collect biometric data from entire populations, with or without their knowledge. For example, when applying for a passport, more than 140 countries oblige their citizens to provide fingerprints, facial scans, or iris scans.24 When we use our passports to enter a foreign country, that country often demands that we provide it, too, with our fingerprints, facial scans, or iris scans.25 As citizens or tourists walk along the streets of Delhi, Beijing, Seoul, or London, their movements are likely to be recorded. For these cities—and many others around the world—are covered by more than one hundred surveillance cameras on average per square kilometer. Altogether, in 2023 more than one billion CCTV cameras were operative globally, which is about one camera per eight people.26

    Any physical activity a person engages in leaves a data trace. Every purchase made is recorded in some database. Online activities like messaging friends, sharing photos, paying bills, reading news, booking appointments, or ordering taxis can all be recorded as well. The resulting ocean of data can then be analyzed by AI tools to identify unlawful activities, suspicious patterns, missing persons, disease carriers, or political dissidents.

    As with every powerful technology, these tools can be used for either good or bad purposes. Following the storming of the U.S. Capitol on January 6, 2021, the FBI and other U.S. law enforcement agencies used state-of-the-art surveillance tools to track down and arrest the rioters. As reported in a Washington Post investigation, these agencies relied not only on footage from the CCTV cameras in the Capitol, but also on social media posts, license plate readers throughout the country, cell-tower location records, and preexisting databases.

    One Ohio man wrote on Facebook that he had been in Washington that day to “witness history.” A subpoena was issued to Facebook, which provided the FBI with the man’s Facebook posts, as well as his credit card information and phone number. This helped the FBI to match the man’s driver’s license photo to CCTV footage from the Capitol. Another warrant issued to Google yielded the exact geolocation of the man’s smartphone on January 6, enabling agents to map his every movement from his entry point into the Senate chamber all the way to the office of Nancy Pelosi, the speaker of the House of Representatives.

    Relying on license plate footage, the FBI pinpointed the movements of a New York man from the moment he crossed the Henry Hudson Bridge at 6:06:08 on the morning of January 6, on his way to the Capitol, until he crossed the George Washington Bridge at 23:59:22 that night, on his way back home. An image taken by a camera on Interstate 95 showed an oversized “Make America Great Again” hat on the man’s dashboard. The hat was matched to a Facebook selfie in which the man appeared wearing it. He further incriminated himself with several videos he posted to Snapchat from within the Capitol.

    Another rioter sought to protect himself from detection by wearing a face mask on January 6, avoiding live-streaming, and using a cellphone registered in his mother’s name—but it availed him little. The FBI’s algorithms managed to match video footage from January 6, 2021, to a photo from the man’s 2017 passport application. They also matched a distinctive Knights of Columbus jacket he wore on January 6 to the jacket he wore on a different occasion, which was captured in a YouTube clip. The phone registered in his mother’s name was geolocated to inside the Capitol, and a license plate reader recorded his car near the Capitol on the morning of January 6.27

    Facial recognition algorithms and AI-searchable databases are now standard tools of police forces all over the world. They are deployed not only in cases of national emergencies or for reasons of state security, but for everyday policing tasks. In 2009, a criminal gang abducted the three-year-old Gui Hao while he was playing outside his parents’ shop in Sichuan province, China. The boy was then sold to a family in Guangdong province, about 1,500 kilometers away. In 2014, the leader of the child-trafficking gang was arrested, but it proved impossible to locate Gui Hao and other victims. “The appearance of the children would have changed so much,” explained a police investigator, “that even their parents would not have been able to recognize them”.

    In 2019, however, a facial recognition algorithm managed to identify the now thirteen-year-old Gui Hao, and the teenager was reunited with his family. To correctly identify Gui Hao, the AI relied on an old photograph of his, taken when he was a toddler. The AI simulated what Gui Hao must look like as a thirteen-year-old, taking into account the drastic impact of maturation as well as potential changes in hair color and hairstyle and compared the resulting simulation to real-life footage.

    In 2023, even more remarkable rescues were reported. Yuechuan Lei was abducted in 2001 when he was three years old, and Hao Chen went missing in 1998, also at age three. The parents of both children never gave up hope of finding them. For more than twenty years they crisscrossed China in search of them, placed advertisements, and offered monetary rewards for any relevant information. In 2023, facial recognition algorithms helped locate both missing boys, now adult men in their twenties. Such technology currently helps to find lost children not only in China, but also in other countries like India, where tens of thousands of children go missing every year.28

    Meanwhile, in Denmark, the soccer club Brøndby IF began in July 2019 to use facial recognition technology in its home stadium to identify and ban football hooligans. As up to 30,000 fans stream into the stadium to watch a match, they are asked to remove masks, hats, and glasses so a computer can scan their faces and compare them to a list of banned troublemakers. Crucially, the procedure has been vetted and approved in accordance with the EU’s strict GDPR rules. The Danish Data Protection Authority explained that the use of the technology “would allow for more effective enforcement of the ban list compared to manual checks, and that this could reduce the queues at the stadium entrance, lowering the risk of public unrest from impatient football fans standing in queues.”29

    While such usages of technology are laudable in theory, they raise obvious concerns about privacy and governmental overreach. In the wrong hands, the same techniques that can locate rioters, rescue missing children, and ban football hooligans can also be used to persecute peaceful demonstrators or enforce rigid conformism. Ultimately, AI-powered surveillance technology could result in the creation of total surveillance regimes that monitor citizens around the clock and facilitate new kinds of ubiquitous and automated totalitarian repression. A case in point: Iran’s hijab laws.

    After Iran became an Islamic theocracy in 1979, the new regime made it compulsory for women to wear the hijab. But the Iranian morality police found it difficult to enforce this rule. They couldn’t place a police officer on every street corner, and public confrontations with women who went unveiled occasionally aroused resistance and resentment. In 2022, Iran relegated much of the job of enforcing the hijab laws to a countrywide system of facial recognition algorithms that relentlessly monitor both physical spaces and online environments.30 A top Iranian official explained that the system would “identify inappropriate and unusual movements” including “failure to observe hijab laws.” The head of Iran’s parliamentary legal and judicial committee, Mousa Ghazanfarabadi, said in another interview that “the use of face recording cameras can systematically implement this task and reduce the presence of the police, as a result of which there will be no more clashes between the police and citizens.”31

    Shortly afterward, on September 16, 2022, the 22-year-old Mahsa Amini died in the custody of Iran’s morality police, after being arrested for not wearing her hijab properly.32 A wave of protests erupted, known as the “Woman, Life, Freedom” movement. Hundreds of thousands of women and girls removed their headscarves, and some publicly burned their hijabs, and danced around the bonfires. To clamp down on the protests, Iranian authorities once again turned to their AI surveillance system, which relies on facial recognition software, geolocation, analysis of web traffic, and preexisting databases. More than 19,000 people were arrested throughout Iran, and more than 500 were killed.33

    On April 8, 2023, Iran’s chief of police announced that beginning on April 15, 2023, an intense new campaign would ramp up the use of facial recognition technology. In particular, algorithms would henceforth identify women who choose not to wear a headscarf while travelling in a vehicle, and automatically issue them an SMS warning. If a woman was caught repeating the offense, she would be ordered to immobilize her car for a predetermined period, and if she failed to comply, the car would be confiscated.34

    Two months later, on June 14, 2023, the spokesperson of Iran’s police boasted that the automated surveillance system sent almost one million SMS warning messages to women who had been captured unveiled in their private cars. The system was apparently able to automatically determine that it was seeing an unveiled woman rather than a man, identify the woman, and retrieve her cellphone number. The system further “issued 133,174 SMS messages requiring the immobilization of vehicles for two weeks, confiscated 2,000 cars, and referred more than 4,000 ‘repeat offenders’ to the judiciary.”35

    A 52-year-old woman named Maryam shared with Amnesty International her experience with the surveillance system. “The first time I received a warning for not wearing a headscarf while driving, I was passing through an intersection when a camera captured a photo and I immediately received a warning text message. The second time, I had done some shopping, and I was bringing the bags into the car, my scarf fell off, and I received a message noting that due to violating compulsory veiling laws, my car had been subjected to ‘systematic impoundment’ for a period of fifteen days. I did not know what this meant. I asked around and found out through relatives that this meant I had to immobilize my car for fifteen days.”36 Maryam’s testimony indicates that the AI sends its threatening messages within seconds, with no time for any human to review and authorize the procedure.

    Penalties went far beyond the immobilization or confiscation of vehicles. The Amnesty report from July 26, 2023, revealed that as a result of the mass surveillance effort “countless women have been suspended or expelled from universities, barred from sitting final exams, and denied access to banking services and public transport.”37 Businesses that didn’t enforce the hijab law among their employees or customers also suffered. In one typical case, a woman employee at the Land of Happiness amusement park east of Tehran was photographed without a hijab, and the image circulated on social media. In punishment, the Land of Happiness was closed down by Iranian authorities.38 Altogether, reported Amnesty, the authorities “shut down hundreds of tourist attractions, hotels, restaurants, pharmacies and shopping centres for not enforcing compulsory veiling laws”.39

    In September 2023, on the anniversary of Mahsa Amini’s death, Iran’s parliament passed a new and stricter hijab bill. According to the new law, women who fail to wear the hijab can be punished by heavy fines and up to ten years in prison. They face additional penalties including confiscation of cars and communication devices, driving bans, deductions in salary and employment benefits, dismissal from work, and prohibition from access banking services. Business owners who don’t enforce the hijab law among their employees or customers face a fine of up to three months of their profits, and they may be banned from leaving the country or participating in public or online activities for up to two years. The new bill targets not only women, but also men who wear “revealing clothing that shows parts of the body lower than the chest or above the ankles.” Finally, the law mandates that Iranian police must “create and strengthen AI systems to identify perpetrators of illegal behavior using tools such as fixed and mobile cameras.”40 In coming years, many people might be living under total surveillance regimes that would make Ceauşescu’s Romania look like a libertarian utopia.

    VARIETIES OF SURVEILLANCE

    When talking about surveillance, we usually think of state-run apparatuses, but to understand surveillance in the twenty-first century, we should remember that monitoring can take many other forms. Jealous partners, for example, have always wanted to know where their spouses were at every moment and demanded explanations for any little deviation from routines. Today, armed with a smartphone and some cheap software, they can easily establish marital dictatorships. They can monitor every conversation and every movement, record phone logs, track social media posts and web page searches, and even activate the cameras and microphones of a spouse’s phone to serve as a spying device. The U.S.-based National Network to End Domestic Violence found that more than half of domestic abusers used such “stalkware” technology. Even in New York a spouse may find themselves monitored and restricted, as if they lived in a totalitarian state.41

    A growing percentage of employees—from office workers to truck drivers—are also now being surveilled by their employers. Bosses can pinpoint where employees are at any moment, how much time they spend in the toilet, whether they read personal emails at work, and how fast they complete each task.42 Corporations are similarly monitoring their customers, wanting to know their likes and dislikes, to predict future behavior, and to evaluate risks and opportunities. For example, vehicles monitor their drivers’ behavior and share the data with the algorithms of the insurance companies, which raise the premiums they charge “bad drivers” and lower the premiums for “good drivers.”43 The American scholar Shoshana Zuboff has termed this ever-expanding commercial monitoring system “surveillance capitalism.”44

    In addition to all these varieties of top-down surveillance, there are peer-to-peer systems in which individuals constantly monitor one another. For example, the Tripadvisor corporation maintains a worldwide surveillance system that monitors hotels, vacation rentals, restaurants, and tourists. In 2019, it was used by 463 million travelers who browsed 859 million reviews and 8.6 billion lodgings, restaurants, and tourist attractions. It is the users themselves—rather than some sophisticated AI algorithm—who determine whether a restaurant is worth visiting. People who ate in the restaurant can score it on a 1 to 5 scale, and also add photos and written reviews. The Tripadvisor algorithm merely aggregates the data, calculates the restaurant’s average score, ranks the restaurant compared with others of its kind, and makes the results available for everybody to see.

    The algorithm simultaneously ranks the guests, too. For posting reviews or travel articles, users receive 100 points; for uploading photos or videos, 30 points; for posting in a forum, 20 points; for rating establishments, 5 points; and for casting votes for others’ reviews, 1 point. Users are then ranked from Level 1 (300 points) to Level 6 (10,000 points) and receive perks accordingly. Users who violate the system’s rules—for example, by submitting racist comments or trying to blackmail a restaurant by writing an unjustified bad review—may be penalized or kicked out of the system altogether. This is peer-to-peer surveillance. Everybody is constantly grading everybody else. Tripadvisor doesn’t need to invest in cameras and spyware or develop hyper-sophisticated biometric algorithms. Almost all the data is submitted and almost all the work is done by millions of human users. The job of the Tripadvisor algorithm is only to aggregate human-generated scores and publish them.45

    Tripadvisor and similar peer-to-peer surveillance systems provide valuable information for millions of people every day, making it easier to plan vacations and find good hotels and restaurants. But in doing so, they have also shifted the border between private and public spaces. Traditionally, the relationship between the customer and a waiter, say, was a relatively private affair. Entering a bistro meant entering a semiprivate space and establishing a semiprivate relationship with the waiter. Unless some crime was committed, what happened between guest and waiter was their business alone. If the waiter was rude or made a racist remark, you could make a scene and perhaps tell your friends not to go there, but few other people would hear about it.

    Peer-to-peer surveillance networks have obliterated that sense of privacy. If the staff fails to please a customer, the restaurant will get a bad review, which could affect the decision of thousands of potential customers in coming years. For better or worse, the balance of power tilts in favor of the customers, while the staff find themselves more exposed than before to the public gaze. As the author and journalist Linda Kinstler put it, “Before Tripadvisor, the customer was only nominally king. After, he became a veritable tyrant, with the power to make or break lives.”46 The same loss of privacy is felt today by millions of taxi drivers, barbers, beauticians, and other service providers. In the past, stepping into a taxi or barbershop meant stepping into someone’s private space. Now, when customers come into your taxi or barbershop, they bring cameras, microphones, a surveillance network, and thousands of potential viewers with them.47 This is the foundation of a nongovernmental peer-to-peer surveillance network.

    THE SOCIAL CREDIT SYSTEM

    Peer-to-peer surveillance systems typically operate by aggregating many points to determine an overall score. Another type of surveillance network takes this “score logic” to its ultimate conclusion. This is the social credit system, which seeks to give people points for everything and produce an overall personal score that will influence everything. The last time humans came up with such an ambitious points system was five thousand years ago in Mesopotamia, when money was invented. One way to think of the social credit system is as a new kind of money.

    Money is points that people accumulate by selling certain products and services, and then use to buy other products and services. Some countries call their “points” dollars, whereas other countries call them euros, yen, or renminbi. The points can take the form of coins, banknotes, or bits in a digital bank account. The points themselves are, of course, intrinsically worthless. You cannot eat coins or wear banknotes. Their value lies in the fact that they serve as accounting tokens that society uses to keep track of our individual scores.

    Money revolutionized economic relations, social interactions, and human psychology. But like surveillance, money has had its limitations and could not reach everywhere. Even in the most capitalist societies, there have always been places that money didn’t penetrate, and there have always been many things that lacked a monetary value. How much is a smile worth? How much money does a person earn for visiting their grandparents?48

    For scoring those things that money can’t buy, there was an alternative nonmonetary system, which has been given different names: honor, status, reputation. What social credit systems seek is a standardized valuation of the reputation market. Social credit is a new points system that ascribes precise values even to smiles and family visits. To appreciate how revolutionary and far-reaching this is, let’s examine in brief how the reputation market has hitherto differed from the money market. This will help us understand what might happen to social relations if the principles of the money market are suddenly extended to the reputation market.

    One major difference between money and reputation is that money has tended to be a mathematical construct based on precise calculations, whereas the sphere of reputation has been resistant to precise numerical evaluation. For example, medieval aristocrats graded themselves in hierarchical ranks such as dukes, counts, and viscounts, but nobody was counting reputation points. Customers in a medieval market usually knew how many coins they had in their purses and the price of every product in the stalls. In the money market, no coin goes uncounted. In contrast, knights in a medieval reputational market didn’t know the exact amount of honor that different actions might accrue, nor could they be sure of their overall score. Would fighting bravely in battle bring a knight 10 honor points, or 100? And what if nobody saw and recorded their bravery? Indeed, even assuming it was noticed, different people might assign it different values. This lack of precision wasn’t a bug in the system but a crucial feature. “Calculating” was a synonym for cunning and scheming. Acting honorably was supposed to reflect an inner virtue, rather than a pursuit of external rewards.49

    This difference between the scrupulous money market and the ill-defined reputation market still prevails. The owner of a bistro always notices and complains if you don’t pay for your meal in full; every item on the menu has a precise price. But how would the owner even know if society failed to register some good deed they performed? Whom could they complain to if they weren’t properly rewarded for helping an elderly customer or for being extra patient with a rude customer? In some cases, they might now try complaining to Tripadvisor, which collapses the boundary between the money market and the reputation market, turning the fuzzy reputation of restaurants and hotels into a mathematical system of precise points. The idea of social credit is to expand this surveillance method from restaurants and hotels to everything. In the most extreme type of social credit systems, every person gets an overall reputation score that takes into account whatever they do and determines everything they can do.

    For example, you might earn 10 points for picking up trash from the street, get another 20 points for helping an old lady cross the road, and lose 15 points for playing the drums and disturbing the neighbors. If you get a high enough score, it might give you priority when buying train tickets or a leg up when applying to university. If you get a low score, potential employers may refuse to give you a job, and potential dates may refuse your advances. Insurance companies may demand higher premiums, and judges may inflict harsher sentences.

    Some people might see social credit systems as a way to reward pro-social behavior, punish egotistical acts, and create kinder and more harmonious societies. The Chinese government, for example, explains that its social credit systems could help fight corruption, scams, tax evasion, false advertising, and counterfeiting, and thereby establish more trust between individuals, between consumers and corporations, and between citizens and government institutions.50 Others may find systems that allocate precise values to every social action demeaning and inhuman. Even worse, a comprehensive social credit system will annihilate privacy and effectively turn life into a never-ending job interview. Anything you do, anytime, anywhere, might affect your chances of getting a job, a bank loan, a husband, or a prison sentence. You got drunk at a college party and did something legal but shameful? You participated in a political demonstration? You’re friends with someone who has a low credit score? This will be part of your job interview—or criminal sentencing—both in the short term and even decades later. The social credit system might thereby become a totalitarian control system.

    Of course, the reputation market always controlled people and made them conform to the prevailing social norms. In most societies people have always feared losing face even more than they have feared losing money. Many more people commit suicide due to shame and guilt than due to economic distress. Even when people kill themselves after being fired from their job or after their business goes bankrupt, they are usually pushed over the edge by the social humiliation it involves rather than by the economic hardship per se.51

    But the uncertainty and the subjectivity of the reputation market have previously limited its potential for totalitarian control. Since nobody knew the precise value of each social interaction, and since nobody could possibly keep tabs on all interactions, there was significant room for maneuver. When you went to a college party, you might have behaved in a way that earned the respect of your friends, without worrying what future employers might think. When you went to a job interview, you knew none of your friends would be there. And when you were watching pornography at home, you assumed that neither your bosses nor your friends knew what you were up to. Life has been divided into separate reputational spheres, with separate status competitions, and there were also many off-grid moments when you didn’t have to engage in any status competitions at all. Precisely because status competition is so crucial, it is also extremely stressful. Therefore, not only humans but even other social animals like apes have always welcomed some respite from it.52

    Unfortunately, social credit algorithms combined with ubiquitous surveillance technology now threaten to merge all status competitions into a single never-ending race. Even in their own homes or while trying to enjoy a relaxed vacation, people would have to be extremely careful about every deed and word, as if they were performing onstage in front of millions. This could create an incredibly stressful lifestyle, destructive to people’s well-being as well as to the functioning of society. If digital bureaucrats use a precise points system to keep tabs on everybody all the time, the emerging reputation market could annihilate privacy and control people far more tightly than the money market ever did.

    ALWAYS ON

    Humans are organic beings who live by cyclical biological time. Sometimes we are awake; sometimes we are asleep. After intense activity, we need rest. We grow and decay. Networks of humans are similarly subject to biological cycles. They are sometimes on and sometimes off. Job interviews don’t last forever. Police agents don’t work twenty-four hours a day. Bureaucrats take holidays. Even the money market respects these biological cycles. The New York Stock Exchange is open on Mondays to Fridays, from 9:30 in the morning to 4:00 in the afternoon, and is closed on holidays like Independence Day and New Year’s Day. If a war erupts at 4:01 p.m. on a Friday, the market won’t react to it until Monday morning.

    In contrast, a network of computers can always be on. Computers are consequently pushing humans toward a new kind of existence in which we are always connected and always monitored. In some contexts, like health care, this could be a boon. In other contexts, like for citizens of totalitarian states, this could be a disaster. Even if the network is potentially benign, the very fact that it is always “on” might be damaging to organic entities like humans, because it will take away our opportunities to disconnect and relax. If an organism never has a chance to rest, it eventually collapses and dies. But how will we get a relentless network to slow down and allow us some breaks?

    We need to prevent the computer network from taking complete control of society not just in order to give us time off. Breaks are even more crucial to give us a chance to rectify the network. If the network continues to evolve at an accelerating pace, errors will accumulate much faster than we can identify and correct them. For while the network is relentless and ubiquitous, it is also fallible. Yes, computers can gather unprecedented amounts of data on us, watching what we do twenty-four hours a day. And yes, they can identify patterns in the ocean of data with superhuman efficiency. But that does not mean that the computer network will always understand the world accurately. Information isn’t truth. A total surveillance system may form a very distorted understanding of the world and of human beings. Instead of discovering the truth about the world and about us, the network might use its immense power to create a new kind of world order and impose it on us.

    CHAPTER 8 Fallible: The Network Is Often Wrong

    In The Gulag Archipelago (1973), Aleksandr Solzhenitsyn chronicles the history of the Soviet labor camps and of the information network that created and sustained them. He was writing partly from bitter personal experience. When Solzhenitsyn served as a captain in the Red Army during World War II, he maintained a private correspondence with a school friend in which he occasionally criticized Stalin. To be on the safe side, he did not mention the dictator by name and spoke only about “the man with the mustache.” It availed him little. His letters were intercepted and read by the secret police, and in February 1945, while serving on the front line in Germany, he was arrested. He spent the next eight years in labor camps.1 Many of Solzhenitsyn’s hard-won insights and stories are still relevant to understanding the development of information networks in the twenty-first century.

    One story recounts events at a district party conference in Moscow Province in the late 1930s, at the height of the Stalinist Great Terror. A call was made to pay tribute to Stalin, and the audience—who of course knew that they were being carefully watched—burst into applause. After five minutes of applause, “palms were getting sore and raised arms were already aching. And the older people were panting from exhaustion.… However, who would dare be the first to stop?” Solzhenitsyn explains that “NKVD men were standing in the hall applauding and watching to see who quit first!” It went on and on, for six minutes, then eight, then ten. “They couldn’t stop now till they collapsed with heart attacks! … With make-believe enthusiasm on their faces, looking at each other with faint hope, the district leaders were just going to go on and on applauding till they fell where they stood.”

    Finally, after eleven minutes, the director of a paper factory took his life in his hands, stopped clapping, and sat down. Everyone else immediately stopped clapping and also sat down. That same night, the secret police arrested him and sent him to the gulag for ten years. “His interrogator reminded him: Don’t ever be the first to stop applauding!”2

    This story reveals a crucial and disturbing fact about information networks, and in particular about surveillance systems. As discussed in previous chapters, contrary to the naive view, information is often used to create order rather than discover truth. On the face of it, Stalin’s agents in the Moscow conference used the “clapping test” as a way to uncover the truth about the audience. It was a loyalty test, which assumed that the longer you clapped, the more you loved Stalin. In many contexts, this assumption is not unreasonable. But in the context of Moscow in the late 1930s, the nature of the applause changed. Since participants in the conference knew they were being watched, and since they knew the consequences of any hint of disloyalty, they clapped out of terror rather than love. The paper factory director might have been the first to stop not because he was the least loyal but perhaps because he was the most honest, or even simply because his hands hurt the most.

    While the clapping test didn’t discover the truth about people, it was efficient in imposing order and forcing people to behave in a certain way. Over time, such methods cultivated servility, hypocrisy, and cynicism. This is what the Soviet information network did to hundreds of millions of people over decades. In quantum mechanics the act of observing subatomic particles changes their behavior; it is the same with the act of observing humans. The more powerful our tools of observation, the greater the potential impact.

    The Soviet regime constructed one of the most formidable information networks in history. It gathered and processed enormous amounts of data on its citizens. It also claimed that the infallible theories of Marx, Engels, Lenin, and Stalin granted it a deep understanding of humanity. In fact, the Soviet information network ignored many important aspects of human nature, and it was in complete denial regarding the terrible suffering its policies inflicted on its own citizens. Instead of producing wisdom, it produced order, and instead of revealing the universal truth about humans, it actually created a new type of human—Homo sovieticus.

    As defined by the dissident Soviet philosopher and satirist Aleksandr Zinovyev, Homo sovieticus were servile and cynical humans, lacking all initiative or independent thinking, passively obeying even the most ludicrous orders, and indifferent to the results of their actions.3 The Soviet information network created Homo sovieticus through surveillance, punishments, and rewards. For example, by sending the director of the paper factory to the gulag, the network signaled to the other participants that conformity paid off, whereas being the first to do anything controversial was a bad idea. Though the network failed to discover the truth about humans, it was so good at creating order that it conquered much of the world.

    THE DICTATORSHIP OF THE LIKE

    An analogous dynamic may afflict the computer networks of the twenty-first century, which might create new types of humans and new dystopias. A paradigmatic example is the role played by social media algorithms in radicalizing people. Of course, the methods employed by the algorithms have been utterly different from those of the NKVD and involved no direct coercion or violence. But just as the Soviet secret police created the slavish Homo sovieticus through surveillance, rewards, and punishments, so also the Facebook and YouTube algorithms have created internet trolls by rewarding certain base instincts while punishing the better angels of our nature.

    As explained briefly in chapter 6, the process of radicalization started when corporations tasked their algorithms with increasing user engagement, not only in Myanmar, but throughout the world. For example, in 2012 users were watching about 100 million hours of videos every day on YouTube. That was not enough for company executives, who set their algorithms an ambitious goal: 1 billion hours a day by 2016.4 Through trial-and-error experiments on millions of people, the YouTube algorithms discovered the same pattern that Facebook algorithms also learned: outrage drives engagement up, while moderation tends not to. Accordingly, the YouTube algorithms began recommending outrageous conspiracy theories to millions of viewers while ignoring more moderate content. By 2016, users were indeed watching 1 billion hours every day on YouTube.5

    YouTubers who were particularly intent on gaining attention noticed that when they posted an outrageous video full of lies, the algorithm rewarded them by recommending the video to numerous users and increasing the YouTubers’ popularity and income. In contrast, when they dialed down the outrage and stuck to the truth, the algorithm tended to ignore them. Within a few months of such reinforcement learning, the algorithm turned many YouTubers into trolls.6

    The social and political consequences were far-reaching. For example, as the journalist Max Fisher documented in his 2022 book, The Chaos Machine, YouTube algorithms became an important engine for the rise of the Brazilian far right and for turning Jair Bolsonaro from a fringe figure into Brazil’s president.7 While there were other factors contributing to that political upheaval, it is notable that many of Bolsonaro’s chief supporters and aides had originally been YouTubers who rose to fame and power by algorithmic grace.

    A typical example is Carlos Jordy, who in 2017 was a city councilor in the small town of Niterói. The ambitious Jordy gained national attention by creating inflammatory YouTube videos that garnered millions of views. His videos warned Brazilians, for example, against conspiracies by schoolteachers to brainwash children and persecute conservative pupils. In 2018, Jordy won a seat in the Brazilian Chamber of Deputies (the lower house of the Brazilian Congress) as one of Bolsonaro’s most dedicated supporters. In an interview with Fisher, Jordy frankly said, “If social media didn’t exist, I wouldn’t be here [and] Jair Bolsonaro wouldn’t be president.” The latter claim may well be a self-serving exaggeration, but there is no denying that social media played an important part in Bolsonaro’s rise.

    Another YouTuber who won a seat in Brazil’s Chamber of Deputies in 2018 was Kim Kataguiri, one of the leaders of the Movimento Brasil Livre (MBL, or Free Brazil Movement). Kataguiri initially used Facebook as his main platform, but his posts were too extreme even for Facebook, which banned some of them for disinformation. So Kataguiri switched over to the more permissive YouTube. In an interview in the MBL headquarters in São Paulo, Kataguiri’s aides and other activists explained to Fisher, “We have something here that we call the dictatorship of the like.” They explained that YouTubers tend to become steadily more extreme, posting untruthful and reckless content “just because something is going to give you views, going to give engagement.… Once you open that door there’s no going back, because you always have to go further.… Flat Earthers, anti-vaxxers, conspiracy theories in politics. It’s the same phenomenon. You see it everywhere.”8

    Of course, the YouTube algorithms were not themselves responsible for inventing lies and conspiracy theories or for creating extremist content. At least in 2017–18, those things were done by humans. The algorithms were responsible, however, for incentivizing humans to behave in such ways and for pushing the resulting content in order to maximize user engagement. Fisher documented numerous far-right activists who first became interested in extremist politics after watching videos that the YouTube algorithm auto-played for them. One far-right activist in Niterói told Fisher that he was never interested in politics of any kind, until one day the YouTube algorithm auto-played for him a video on politics by Kataguiri. “Before that,” he explained, “I didn’t have an ideological, political background.” He credited the algorithm with providing “my political education.” Talking about how other people joined the movement, he said, “It was like that with everyone.… Most of the people here came from YouTube and social media.”9

    BLAME THE HUMANS

    We have reached a turning point in history in which major historical processes are partly caused by the decisions of nonhuman intelligence. It is this that makes the fallibility of the computer network so dangerous. Computer errors become potentially catastrophic only when computers become historical agents. We have already made this argument in chapter 6, when we briefly examined Facebook’s role in instigating the anti-Rohingya ethnic-cleansing campaign. As noted in that context, however, many people—including some of the managers and engineers of Facebook, YouTube, and the other tech giants—object to this argument. Since it is one of the central points of the entire book, it is best to delve deeper into the matter and examine more carefully the objections to it.

    The people who manage Facebook, YouTube, TikTok, and other platforms routinely try to excuse themselves by shifting the blame from their algorithms to “human nature.” They argue that it is human nature that produces all the hate and lies on the platforms. The tech giants then claim that due to their commitment to free speech values, they hesitate to censor the expression of genuine human emotions. For example, in 2019 the CEO of YouTube, Susan Wojcicki, explained, “The way that we think about it is: ‘Is this content violating one of our policies? Has it violated anything in terms of hate, harassment?’ If it has, we remove that content. We keep tightening and tightening the policies. We also get criticism, just to be clear, [about] where do you draw the lines of free speech and, if you draw it too tightly, are you removing voices of society that should be heard? We’re trying to strike a balance of enabling a broad set of voices, but also making sure that those voices play by a set of rules that are healthy conversations for society.”10

    A Facebook spokesperson similarly said in October 2021, “Like every platform, we are constantly making difficult decisions between free expressions and harmful speech, security and other issues.… But drawing these societal lines is always better left to elected leaders.”11 In this way, the tech giants constantly shift the discussion to their supposed role as moderators of human-produced content and ignore the active role their algorithms play in cultivating certain human emotions and discouraging others. Are they really blind to it?

    Surely not. Back in 2016, an internal Facebook report discovered that “64 percent of all extremist group joins are due to our recommendation tools.… Our recommendation systems grow the problem.”12 A secret internal Facebook memo from August 2019, leaked by the whistleblower Frances Haugen, stated, “We have evidence from a variety of sources that hate speech, divisive political speech, and misinformation on Facebook and [its] family of apps are affecting societies around the world. We also have compelling evidence that our core product mechanics, such as virality, recommendations, and optimizing for engagement, are a significant part of why these types of speech flourish on the platform.”13

    Another leaked document from December 2019 noted, “Unlike communication with close friends and family, virality is something new we have introduced to many ecosystems … and it occurs because we intentionally encourage it for business reasons.” The document pointed out that “ranking content about higher stakes topics like health or politics based on engagement leads to perverse incentives and integrity issues.” Perhaps most damningly, it revealed, “Our ranking systems have specific separate predictions for not just what you would engage with, but what we think you may pass along so that others may engage with. Unfortunately, research has shown how outrage and misinformation are more likely to be viral.” This leaked document made one crucial recommendation: since Facebook cannot remove everything harmful from a platform used by many millions, it should at least “stop magnifying harmful content by giving it unnatural distribution.”14

    Like the Soviet leaders in Moscow, the tech companies were not uncovering some truth about humans; they were imposing on us a perverse new order. Humans are very complex beings, and benign social orders seek ways to cultivate our virtues while curtailing our negative tendencies. But social media algorithms see us, simply, as an attention mine. The algorithms reduced the multifaceted range of human emotions—hate, love, outrage, joy, confusion—into a single catchall category: engagement. In Myanmar in 2016, in Brazil in 2018, and in numerous other countries, the algorithms scored videos, posts, and all other content solely according to how many minutes people engaged with the content and how many times they shared it with others. An hour of lies or hatred was ranked higher than ten minutes of truth or compassion—or an hour of sleep. The fact that lies and hate tend to be psychologically and socially destructive, whereas truth, compassion, and sleep are essential for human welfare, was completely lost on the algorithms. Based on this very narrow understanding of humanity, the algorithms helped to create a new social system that encouraged our basest instincts while discouraging us from realizing the full spectrum of the human potential.

    As the harmful effects were becoming manifest, the tech giants were repeatedly warned about what was happening, but they failed to step in because of their faith in the naive view of information. As the platforms were overrun by falsehoods and outrage, executives hoped that if more people were enabled to express themselves more freely, truth would eventually prevail. This, however, did not happen. As we have seen again and again throughout history, in a completely free information fight, truth tends to lose. To tilt the balance in favor of truth, networks must develop and maintain strong self-correcting mechanisms that reward truth telling. These self-correcting mechanisms are costly, but if you want to get the truth, you must invest in them.

    Silicon Valley thought it was exempt from this historical rule. Social media platforms have been singularly lacking in self-correcting mechanisms. In 2014, Facebook employed just a single Burmese-speaking content moderator to monitor activities in the whole of Myanmar.15 When observers in Myanmar began warning Facebook that it needed to invest more in moderating content, Facebook ignored them. For example, Pwint Htun, a Burmese American engineer and telecom executive who grew up in rural Myanmar, wrote to Facebook executives repeatedly about the danger. In an email from July 5, 2014—two years before the ethnic-cleansing campaign began—she issued a prophetic warning: “Tragically, FB in Burma is used like radio in Rwanda during the dark days of genocide.” Facebook took no action.

    Even after the attacks on the Rohingya intensified and Facebook faced a storm of criticism, it still refused to hire people with expert local knowledge to curate content. Thus, when informed that hate-mongers in Myanmar were using the Burmese word kalar as a racist slur for the Rohingya, Facebook reacted in April 2017 by banning from the platform any posts that used the word. This revealed Facebook’s utter lack of knowledge about local conditions and the Burmese language. In Burmese, kalar is a racist slur only in specific contexts. In other contexts, it is an entirely innocent term. The Burmese word for chair is kalar htaing, and the word for chickpea is kalar pae. As Pwint Htun wrote to Facebook in June 2017, banning the term kalar from the platform is like banning the letters “hell” from “hello.”16 Facebook continued to ignore the need for local expertise. By April 2018, the number of Burmese speakers Facebook employed to moderate content for its eighteen million users in Myanmar was a grand total of five.17

    Instead of investing in self-correcting mechanisms that would reward truth telling, the social media giants actually developed unprecedented error-enhancing mechanisms that rewarded lies and fictions. One such error-enhancing mechanism was the Instant Articles program that Facebook rolled out in Myanmar in 2016. Wishing to drive up engagement, Facebook paid news channels according to the amount of user engagement they generated, measured in clicks and views. No importance whatsoever was given to the truthfulness of the “news.” A 2021 study found that in 2015, before the program was launched, six of the ten top Facebook websites in Myanmar belonged to “legitimate media.” By 2017, under the impact of Instant Articles, “legitimate media” was down to just two websites out of the top ten. By 2018, all top ten websites were “fake news and clickbait websites.”

    The study concluded that because of the launch of Instant Articles “clickbait actors cropped up in Myanmar overnight. With the right recipe for producing engaging and evocative content, they could generate thousands of US dollars a month in ad revenue, or ten times the average monthly salary—paid to them directly by Facebook.” Since Facebook was by far the most important source of online news in Myanmar, this had enormous impact on the overall media landscape of the country. “In a country where Facebook is synonymous with the Internet, the low-grade content overwhelmed other information sources.”18 Facebook and other social media platforms didn’t consciously set out to flood the world with fake news and outrage. But by telling their algorithms to maximize user engagement, this is exactly what they perpetrated.

    Reflecting on the Myanmar tragedy, Pwint Htun wrote to me in July 2023, “I naively used to believe that social media could elevate human consciousness and spread the perspective of common humanity through interconnected pre-frontal cortexes in billions of human beings. What I realize is that the social media companies are not incentivized to interconnect pre-frontal cortexes. Social media companies are incentivized to create interconnected limbic systems—which is much more dangerous for humanity.”

    THE ALIGNMENT PROBLEM

    I don’t want to imply that the spread of fake news and conspiracy theories is the main problem with all past, present, and future computer networks. YouTube, Facebook, and other social media platforms claim that since 2018 they have been tweaking their algorithms to make them more socially responsible. Whether this is true or not is hard to say, especially because there is no universally accepted definition of “social responsibility.”19 But the specific problem of polluting the information sphere in pursuit of user engagement can certainly be solved. When the tech giants set their hearts on designing better algorithms, they can usually do it. Around 2005, the profusion of spam threatened to make the use of email impossible. Powerful algorithms were developed to address the problem. By 2015, Google claimed its Gmail algorithm had a 99.9 percent success in blocking genuine spam, while only 1 percent of legitimate emails were erroneously labeled as such.20

    We also shouldn’t discount the huge social benefits that YouTube, Facebook, and other social media platforms have brought. To be clear, most YouTube videos and Facebook posts have not been fake news and genocidal incitements. Social media has been more than helpful in connecting people, giving voice to previously disenfranchised groups, and organizing valuable new movements and communities.21 It has also encouraged an unprecedented wave of human creativity. In the days when television was the dominant medium, viewers were often denigrated as couch potatoes: passive consumers of content that a few gifted artists produced. Facebook, YouTube, and other social media platforms inspired the couch potatoes to get up and start creating. Most of the content on social media—at least until the rise of powerful generative AI—has been produced by the users themselves, and their cats and dogs, rather than by a limited professional class.

    I, too, routinely use YouTube and Facebook to connect with people, and I am grateful to social media for connecting me with my husband, whom I met on one of the first LGBTQ social media platforms back in 2002. Social media has done wonders for dispersed minorities like LGBTQ people. Few gay boys are born to a gay family in a gay neighborhood, and in the days before the internet simply finding one another posed a big challenge, unless you moved to one of the handful of tolerant metropolises that had a gay subculture. Growing up in a small homophobic town in Israel in the 1980s and early 1990s, I didn’t know a single openly gay man. Social media in the late 1990s and early 2000s provided an unprecedented and almost magical way for members of the dispersed LGBTQ community to find one another and connect.

    And yet I have devoted so much attention to the social media “user engagement” debacle because it exemplifies a much bigger problem afflicting computers—the alignment problem. When computers are given a specific goal, such as to increase YouTube traffic to one billion hours a day, they use all their power and ingenuity to achieve this goal. Since they operate very differently than humans, they are likely to use methods their human overlords didn’t anticipate. This can result in dangerous unforeseen consequences, which are not aligned with the original human goals. Even if recommendation algorithms stop encouraging hate, other instances of the alignment problem might result in larger catastrophes than the anti-Rohingya campaign. The more powerful and independent computers become, the bigger the danger.

    Of course, the alignment problem is neither new nor unique to algorithms. It bedeviled humanity for thousands of years before the invention of computers. It has been, for example, the foundational problem of modern military thinking, enshrined in Carl von Clausewitz’s theory of war. Clausewitz was a Prussian general who fought during the Napoleonic Wars. Following Napoleon’s final defeat in 1815, Clausewitz became the director of the Prussian War College. He also began formalizing a grand theory of war. After he died of cholera in 1831, his wife, Marie, edited his unfinished manuscript and published On War in several parts between 1832 and 1834.22

    On War created a rational model for understanding war, and it is still the dominant military theory today. Its most important maxim is that “war is the continuation of policy with other means.”23 This implies that war is not an emotional outbreak, a heroic adventure, or a divine punishment. War is not even a military phenomenon. Rather, war is a political tool. According to Clausewitz, military actions are utterly irrational unless they are aligned with some overarching political goal.

    Suppose Mexico contemplates whether to invade and conquer its small neighbor, Belize. And suppose a detailed military analysis concludes that if the Mexican army invades, it will achieve a quick and decisive military victory, crushing the small Belize army and conquering the capital, Belmopan, in three days. According to Clausewitz, that does not constitute a rational reason for Mexico to invade. The mere ability to secure military victory is meaningless. The key question the Mexican government should ask itself is, what political goals will the military success achieve?

    History is full of decisive military victories that led to political disasters. For Clausewitz, the most obvious example was close to home: Napoleon’s career. Nobody disputes the military genius of Napoleon, who was a master of both tactics and strategy. But while his string of victories brought Napoleon temporary control of vast territories, they failed to secure lasting political achievements. His military conquests merely drove most European powers to unite against him, and his empire collapsed a decade after he crowned himself emperor.

    Indeed, in the long term, Napoleon’s victories ensured the permanent decline of France. For centuries, France was Europe’s leading geopolitical power, largely because both Italy and Germany didn’t exist as unified political entities. Italy was a hodgepodge of dozens of warring city-states, feudal principalities, and church territories. Germany was an even more bizarre jigsaw puzzle divided into more than a thousand independent polities, loosely held together under the theoretical suzerainty of the Holy Roman Empire of the German Nation.24 In 1789, the prospect of a German or Italian invasion of France was simply unthinkable, because there was no such thing as a German or Italian army.

    As Napoleon expanded his empire into central Europe and the Italian Peninsula, he abolished the Holy Roman Empire in 1806, amalgamated many of the smaller German and Italian principalities into larger territorial blocs, created a German Confederation of the Rhine and a Kingdom of Italy, and sought to unify these territories under his dynastic rule. His victorious armies also spread the ideals of modern nationalism and popular sovereignty into the German and Italian lands. Napoleon thought all this would make his empire stronger. In fact, by breaking up traditional structures and giving Germans and Italians a taste of national consolidation, Napoleon inadvertently lay the foundations for the ultimate unification of Germany (1866–71) and of Italy (1848–71). These twin processes of national unification were sealed by the German victory over France in the Franco-Prussian War of 1870–71. Faced with two newly unified and fervently nationalistic powers on its eastern border, France never regained its position of dominance.

    A more recent example of military victory leading to political defeat was provided by the American invasion of Iraq in 2003. The Americans won every major military engagement, but failed to achieve any of their long-term political aims. Their military victory didn’t establish a friendly regime in Iraq, or a favorable geopolitical order in the Middle East. The real winner of the war was Iran. American military victory turned Iraq from Iran’s traditional foe into Iran’s vassal, thereby greatly weakening the American position in the Middle East while making Iran the regional hegemon.25

    Both Napoleon and George W. Bush fell victim to the alignment problem. Their short-term military goals were misaligned with their countries’ long-term geopolitical goals. We can understand the whole of Clausewitz’s On War as a warning that “maximizing victory” is as shortsighted a goal as “maximizing user engagement.” According to the Clausewitzian model, only once the political goal is clear can armies decide on a military strategy that will hopefully achieve it. From the overall strategy, lower-ranking officers can then derive tactical goals. The model constructs a clear hierarchy between long-term policy, medium-term strategy, and short-term tactics. Tactics are considered rational only if they are aligned with some strategic goal, and strategy is considered rational only if it is aligned with some political goal. Even local tactical decisions of a lowly company commander must serve the war’s ultimate political goal.

    Suppose that during the American occupation of Iraq an American company comes under intense fire from a nearby mosque. The company commander has several different tactical decisions to choose from. He might order the company to retreat. He might order the company to storm the mosque. He might order one of his supporting tanks to blow up the mosque. What should the company commander do?

    From a purely military perspective, it might seem best for the commander to order his tank to blow up the mosque. This would capitalize on the tactical advantage that the Americans enjoyed in terms of firepower, avoid risking the lives of his own soldiers, and achieve a decisive tactical victory. However, from a political perspective, this might be the worst decision the commander could make. Footage of an American tank destroying a mosque would galvanize Iraqi public opinion against the Americans and create outrage throughout the wider Muslim world. Storming the mosque might also be a political mistake, because it too could create resentment among Iraqis, while the cost in American lives could weaken support for the war among American voters. Given the political war aims of the United States, retreating and conceding tactical defeat might well be the most rational decision.

    For Clausewitz, then, rationality means alignment. Pursuing tactical or strategic victories that are misaligned with political goals is irrational. The problem is that the bureaucratic nature of armies makes them highly susceptible to such irrationality. As discussed in chapter 3, by dividing reality into separate drawers, bureaucracy encourages the pursuit of narrow goals even when this harms the greater good. Bureaucrats tasked with accomplishing a narrow mission may be ignorant of the wider impact of their actions, and it has always been tricky to ensure that their actions remain aligned with the greater good of society. When armies operate along bureaucratic lines—as all modern armies do—it creates a huge gap between a captain commanding a company in the field and the president formulating long-term policy in a distant office. The captain is prone to make decisions that seem reasonable on the ground but that actually undermine the war’s ultimate goal.

    We see, then, that the alignment problem has long predated the computer revolution and that the difficulties encountered by builders of present-day information empires are not unlike those that bedeviled previous would-be conquerors. Nevertheless, computers do change the nature of the alignment problem in important ways. No matter how difficult it used to be to ensure that human bureaucrats and soldiers remain aligned with society’s long-term goals, it is going to be even harder to ensure the alignment of algorithmic bureaucrats and autonomous weapon systems.

    THE PAPER-CLIP NAPOLEON

    One reason why the alignment problem is particularly dangerous in the context of the computer network is that this network is likely to become far more powerful than any previous human bureaucracy. A misalignment in the goals of superintelligent computers might result in a catastrophe of unprecedented magnitude. In his 2014 book, Superintelligence, the philosopher Nick Bostrom illustrated the danger using a thought experiment, which is reminiscent of Goethe’s “Sorcerer’s Apprentice.” Bostrom asks us to imagine that a paper-clip factory buys a superintelligent computer and that the factory’s human manager gives the computer a seemingly simple task: produce as many paper clips as possible. In pursuit of this goal, the paper-clip computer conquers the whole of planet Earth, kills all the humans, sends expeditions to take over additional planets, and uses the enormous resources it acquires to fill the entire galaxy with paper-clip factories.

    The point of the thought experiment is that the computer did exactly what it was told (just like the enchanted broomstick in Goethe’s poem). Realizing that it needed electricity, steel, land, and other resources to build more factories and produce more paper clips, and realizing that humans are unlikely to give up these resources, the superintelligent computer eliminated all humans in its single-minded pursuit of its given goal.26 Bostrom’s point was that the problem with computers isn’t that they are particularly evil but that they are particularly powerful. And the more powerful the computer, the more careful we need to be about defining its goal in a way that precisely aligns with our ultimate goals. If we define a misaligned goal to a pocket calculator, the consequences are trivial. But if we define a misaligned goal to a superintelligent machine, the consequences could be dystopian.

    The paper-clip thought experiment may sound outlandish and utterly disconnected from reality. But if Silicon Valley managers had paid attention when Bostrom published it in 2014, perhaps they would have been more careful before instructing their algorithms to “maximize user engagement.” The Facebook and YouTube algorithms behaved exactly like Bostrom’s imaginary algorithm. When told to maximize paper-clip production, the algorithm sought to convert the entire physical universe into paper clips, even if it meant destroying human civilization. When told to maximize user engagement, the Facebook and YouTube algorithms sought to convert the entire social universe into user engagement, even if it meant doing harm to the social fabric of Myanmar, Brazil, and many other countries.

    Bostrom’s thought experiment highlights a second reason why the alignment problem is more urgent in the case of computers. Because they are inorganic entities, they are likely to adopt strategies that would never occur to any human and that we are therefore ill-equipped to foresee and forestall. Here’s one example: In 2016, Dario Amodei was working on a project called Universe, trying to develop a general-purpose AI that could play hundreds of different computer games. The AI competed well in various car races, so Amodei next tried it on a boat race. Inexplicably, the AI steered its boat right into a harbor and then sailed in endless circles in and out of the harbor.

    It took Amodei considerable time to understand what went wrong. The problem occurred because initially Amodei wasn’t sure how to tell the AI that its goal was to “win the race.” “Winning” is an unclear concept to an algorithm. Translating “win the race” into computer language would have required Amodei to formalize complex concepts like track position and placement among the other boats in the race. So instead, Amodei took the easy way and told the boat to maximize its score. He assumed that the score was a good proxy for winning the race. After all, it worked with the car races.

    But the boat race had a peculiar feature, absent from the car races, that allowed the ingenious AI to find a loophole in the game’s rules. The game rewarded players with a lot of points for getting ahead of other boats—as in the car races—but it also rewarded them with a few points whenever they replenished their power by docking into a harbor. The AI discovered that if instead of trying to outsail the other boats, it simply went in circles in and out of the harbor, it could accumulate more points far faster. Apparently, none of the game’s human developers—nor Dario Amodei—noticed this loophole. The AI was doing exactly what the game was rewarding it to do—even though it is not what the humans were hoping for. That’s the essence of the alignment problem: rewarding A while hoping for B.27 If we want computers to maximize social benefits, it’s a bad idea to reward them for maximizing user engagement.

    A third reason to worry about the alignment problem of computers is that because they are so different from us, when we make the mistake of giving them a misaligned goal, they are less likely to notice it or request clarification. If the boat-race AI had been a human gamer, it would have realized that the loophole it found in the game’s rules probably doesn’t really count as “winning.” If the paper-clip AI had been a human bureaucrat, it would have realized that destroying humanity in order to produce paper clips is probably not what was intended. But since computers aren’t humans, we cannot rely on them to notice and flag possible misalignments. In the 2010s the YouTube and Facebook management teams were bombarded with warnings from their human employees—as well as from outside observers—about the harm being done by the algorithms, but the algorithms themselves never raised the alarm.28

    As we give algorithms greater and greater power over health care, education, law enforcement, and numerous other fields, the alignment problem will loom ever larger. If we don’t find ways to solve it, the consequences will be far worse than algorithms racking up points by sailing boats in circles.

    THE CORSICAN CONNECTION

    How to solve the alignment problem? In theory, when humans create a computer network, they must define for it an ultimate goal, which the computers are never allowed to change or ignore. Then, even if computers become so powerful that we lose control over them, we can rest assured that their immense power will benefit rather than harm us. Unless, of course, it turned out that we defined a harmful or vague goal. And there’s the rub. In the case of human networks, we rely on self-correcting mechanisms to periodically review and revise our goals, so setting the wrong goal is not the end of the world. But since the computer network might escape our control, if we set it the wrong goal, we might discover our mistake when we are no longer able to correct it. Some might hope that through a careful process of deliberation, we might be able to define in advance the right goals for the computer network. This, however, is a very dangerous delusion.

    To understand why it is impossible to agree in advance on the ultimate goals of the computer network, let’s revisit Clausewitz’s war theory. There is one fatal flaw in the way he equates rationality with alignment. While Clausewitzian theory demands that all actions be aligned with the ultimate goal, it offers no rational way to define such a goal. Consider Napoleon’s life and military career. What should have been his ultimate goal? Given the prevailing cultural atmosphere of France circa 1800, we can think of several alternatives for “ultimate goal” that might have occurred to Napoleon:

    POTENTIAL GOAL NUMBER 1: Making France the dominant power in Europe, secure against any future attack by Britain, the Habsburg Empire, Russia, a unified Germany, or a unified Italy.

    POTENTIAL GOAL NUMBER 2: Creating a new multiethnic empire ruled by Napoleon’s family, which would include not only France but also many additional territories both in Europe and overseas.

    POTENTIAL GOAL NUMBER 3: Achieving everlasting glory for himself personally, so that even centuries after his death billions of people will know the name Napoleon and admire his genius.

    POTENTIAL GOAL NUMBER 4: Securing the redemption of his everlasting soul, and gaining entry to heaven after his death.

    POTENTIAL GOAL NUMBER 5: Spreading the universal ideals of the French Revolution, and helping to protect freedom, equality, and human rights throughout Europe and the world.

    Many self-styled rationalists tend to argue that Napoleon should have made it his life’s mission to achieve the first goal—securing French domination in Europe. But why? Remember that for Clausewitz rationality means alignment. A tactical maneuver is rational if, and only if, it is aligned with some higher strategic goal, which should in turn be aligned with an even higher political goal. But where does this chain of goals ultimately start? How can we determine the ultimate goal that justifies all the strategic subgoals and tactical steps derived from it? Such an ultimate goal by definition cannot be aligned with anything higher than itself, because there is nothing higher. What then makes it rational to place France at the top of the goal hierarchy, rather than Napoleon’s family, Napoleon’s fame, Napoleon’s soul, or universal human rights? Clausewitz provides no answer.

    One might argue that goal number 4—securing the redemption of his everlasting soul—cannot be a serious candidate for an ultimate rational goal, because it is based on a belief in mythology. But the same argument can be leveled at all the other goals. Everlasting souls are an intersubjective invention that exist only in people’s minds, and exactly the same is true of nations and human rights. Why should Napoleon care about the mythical France any more than about his mythical soul?

    Indeed, for most of his youth, Napoleon didn’t even consider himself French. He was born Napoleone di Buonaparte on Corsica, to a family of Italian emigrants. For five hundred years Corsica was ruled by the Italian city-state of Genoa, where many of Napoleone’s ancestors lived. It was only in 1768—a year before Napoleone’s birth—that Genoa ceded the island to France. Corsican nationalists resisted being handed over to France and rose in rebellion. Only after their defeat in 1770 did Corsica formally become a French province. Many Corsicans continued to resent the French takeover, but the di Buonaparte family swore allegiance to the French king and sent Napoleone to military school in mainland France.29

    At school, Napoleone had to endure a good deal of hazing from his classmates for his Corsican nationalism and his poor command of the French language.30 His mother tongues were Corsican and Italian, and although he gradually became fluent in French, he retained throughout his life a Corsican accent and an inability to spell French correctly.31 Napoleone eventually enlisted in the French army, but when the Revolution broke out in 1789, he went back to Corsica, hoping the revolution would provide an opportunity for his beloved island to achieve greater autonomy. Only after he fell out with the leader of the Corsican independence movement—Pasquale Paoli—did Napoleone abandon the Corsican cause in May 1793. He returned to the mainland, where he decided to build his future.32 It was at this stage that Napoleone di Buonaparte turned into Napoléon Bonaparte (he continued to use the Italian version of his name until 1796).33

    Why then was it rational for Napoleon to devote his military career to making France the dominant power in Europe? Was it perhaps more rational for him to stay in Corsica, patch up his personal disagreements with Paoli, and devote himself to liberating his native island from its French conquerors? And maybe Napoleon should in fact have made it his life’s mission to unite Italy—the land of his ancestors?

    Clausewitz offers no method to answer these questions rationally. If our only rule of thumb is “every action must be aligned with some higher goal,” by definition there is no rational way to define that ultimate goal. How then can we provide a computer network with an ultimate goal it must never ignore or subvert? Tech executives and engineers who rush to develop AI are making a huge mistake if they think there is a rational way to tell that AI what its ultimate goal should be. They should learn from the bitter experiences of generations of philosophers who tried to define ultimate goals and failed.

    THE KANTIAN NAZI

    For millennia, philosophers have been looking for a definition of an ultimate goal that will not depend on an alignment to some higher goal. They have repeatedly been drawn to two potential solutions, known in philosophical jargon as deontology and utilitarianism. Deontologists (from the Greek word deon, meaning “duty”) believe that there are some universal moral duties, or moral rules, that apply to everyone. These rules do not rely on alignment to a higher goal, but rather on their intrinsic goodness. If such rules indeed exist, and if we can find a way to program them into computers, then we can make sure the computer network will be a force for good.

    But what exactly does “intrinsic goodness” mean? The most famous attempt to define an intrinsically good rule was made by Immanuel Kant, a contemporary of Clausewitz and Napoleon. Kant argued that an intrinsically good rule is any rule that I would like to make universal. According to this view, a person about to murder someone should stop and go through the following thought process: “I am now going to murder a human. Would I like to establish a universal rule saying that it is okay to murder humans? If such a universal rule is established, then someone might murder me. So there shouldn’t be a universal rule allowing murder. It follows that I too shouldn’t murder.” In simpler language, Kant reformulated the old Golden Rule: “Do unto others what you want them to do to you” (Matthew 7:12).

    This sounds like a simple and obvious idea: each of us should behave in a way we want everyone to behave. But ideas that sound good in the ethereal realm of philosophy often have trouble immigrating to the harsh land of history. The key question historians would ask Kant is, when you talk about universal rules, how exactly do you define “universal”? Under actual historical circumstances, when a person is about to commit murder, the first step they often take is to exclude the victim from the universal community of humanity.34 This, for example, is what anti-Rohingya extremists like Wirathu did. As a Buddhist monk, Wirathu was certainly against murdering humans. But he didn’t think this universal rule applied to killing Rohingya, who were seen as subhuman. In posts and interviews, he repeatedly compared them to beasts, snakes, mad dogs, wolves, jackals, and other dangerous animals.35 On October 30, 2017, at the height of the anti-Rohingya violence, another, more senior Buddhist monk preached a sermon to military officers in which he justified violence against the Rohingya by telling the officers that non-Buddhists were “not fully human.”36

    As a thought experiment, imagine a meeting between Immanuel Kant and Adolf Eichmann—who, by the way, considered himself a Kantian.37 As Eichmann signs an order sending another trainload of Jews to Auschwitz, Kant tells him, “You are about to murder thousands of humans. Would you like to establish a universal rule saying it is okay to murder humans? If you do that, you and your family might also be murdered.” Eichmann replies, “No, I am not about to murder thousands of humans. I am about to murder thousands of Jews. If you ask me whether I would like to establish a universal rule saying it is okay to murder Jews, then I am all for it. As for myself and my family, there is no risk that this universal rule would lead to us being murdered. We aren’t Jews.”

    One potential Kantian reply to Eichmann is that when we define entities, we must always use the most universal definition applicable. If an entity can be defined as either “a Jew” or “a human,” we should use the more universal term “human.” However, the whole point of Nazi ideology was to deny the humanity of Jews. In addition, note that Jews are not just humans. They are also animals, and they are also organisms. Since animals and organisms are obviously more universal categories than “human,” if you follow the Kantian argument to its logical conclusion, it might push us to adopt an extreme vegan position. Since we are organisms, does it mean we should object to the killing of any organism, down even to tomatoes or amoebas?

    In history, many if not most conflicts concern the definition of identities. Everybody accepts that murder is wrong, but thinks that only killing members of the in-group qualifies as “murder,” whereas killing someone from an out-group is not. But the in-groups and out-groups are intersubjective entities, whose definition usually depends on some mythology. Deontologists who pursue universal rational rules often end up the captives of local myths.

    This problem with deontology is especially critical if we try to dictate universal deontologist rules not to humans but to computers. Computers aren’t even organic. So if they follow a rule of “Do unto others what you want them to do to you,” why should they be concerned about killing organisms like humans? A Kantian computer that doesn’t want to be killed has no reason to object to a universal rule saying “it is okay to kill organisms”; such a rule does not endanger the nonorganic computer.

    Alternatively, being inorganic entities, computers may have no qualms about dying. As far as we can tell, death is an organic phenomenon and may be inapplicable to inorganic entities. When ancient Assyrians talked about “killing” documents, that was just a metaphor. If computers are more like documents than like organisms, and don’t care about “being killed,” would we like a Kantian computer to conclude that killing humans is therefore fine?

    Is there a way to define whom computers should care about, without getting bogged down by some intersubjective myth? The most obvious suggestion is to tell computers that they must care about any entity capable of suffering. While suffering is often caused by belief in local intersubjective myths, suffering itself is nonetheless a universal reality. Therefore, using the capacity to suffer in order to define the critical in-group grounds morality in an objective and universal reality. A self-driving car should avoid killing all humans—whether Buddhist or Muslim, French or Italian—and should also avoid killing dogs and cats, and any sentient robots that might one day exist. We may even refine this rule, instructing the car to care about different beings in direct proportion to their capacity to suffer. If the car has to choose between killing a human and killing a cat, it should drive over the cat, because presumably the cat has a lesser capacity to suffer. But if we go in that direction, we inadvertently desert the deontologist camp and find ourselves in the camp of their rivals—the utilitarians.

    THE CALCULUS OF SUFFERING

    Whereas deontologists struggle to find universal rules that are intrinsically good, utilitarians judge actions by their impact on suffering and happiness. The English philosopher Jeremy Bentham—another contemporary of Napoleon, Clausewitz, and Kant—said that the only rational ultimate goal is to minimize suffering in the world and maximize happiness. If our main fear about computer networks is that their misaligned goals might inflict terrible suffering on humans and perhaps on other sentient beings, then the utilitarian solution seems both obvious and attractive. When creating the computer network, we just need to instruct it to minimize suffering and maximize happiness. If Facebook had told its algorithms “maximize happiness” instead of “maximize user engagement,” all would allegedly have been well. It is worth noting that this utilitarian approach is indeed popular in Silicon Valley, championed in particular by the effective altruism movement.38

    Unfortunately, as with the deontologist solution, what sounds simple in the theoretical realm of philosophy becomes fiendishly complex in the practical land of history. The problem for utilitarians is that we don’t possess a calculus of suffering. We don’t know how many “suffering points” or “happiness points” to assign to particular events, so in complex historical situations it is extremely difficult to calculate whether a given action increases or decreases the overall amount of suffering in the world.

    Utilitarianism is at its best in situations when the scales of suffering are very clearly tipped in one direction. When confronted by Eichmann, utilitarians don’t need to get into any complicated debates about identity. They just need to point out that the Holocaust caused immense suffering to the Jews, without providing equivalent benefits to anyone else, including the Germans. There was no compelling military or economic need for the Germans to murder millions of Jews. The utilitarian case against the Holocaust is overwhelming.

    Utilitarians also have a field day when dealing with “victimless crimes” like homosexuality, in which all the suffering is on one side only. For centuries, the persecution of gay people caused them immense suffering, but it was nevertheless justified by various prejudices that were erroneously presented as deontological universal rules. Kant, for example, condemned homosexuality on the grounds that it is “contrary to natural instinct and to animal nature” and that it therefore degrades a person “below the level of the animals.” Kant further fulminated that because such acts are contrary to nature, they “make man unworthy of his humanity. He no longer deserves to be a person.”39 Kant, in fact, repackaged a Christian prejudice as a supposedly universal deontological rule, without providing empirical proof that homosexuality is indeed contrary to nature. In light of the above discussion of dehumanization as a prelude to massacre, it is also noteworthy how Kant dehumanized gay people. The view that homosexuality is contrary to nature and deprives people of their humanity paved the way for Nazis like Eichmann to justify murdering homosexuals in concentration camps. Since homosexuals were allegedly below the level of animals, the Kantian rule against murdering humans didn’t apply to them.40

    Utilitarians find it easy to dismiss Kant’s sexual theories, and Bentham indeed was one of the first modern European thinkers who favored the decriminalization of homosexuality.41 Utilitarians argue that criminalizing homosexuality in the name of some dubious universal rule causes tremendous suffering to millions of people, without offering any substantial benefits to others. When two men form a loving relationship, this makes them happy, without making anyone else miserable. Why then forbid it? This type of utilitarian logic also led to many other modern reforms, such as the ban on torture and the introduction of some legal protections for animals.

    But in historical situations when the scales of suffering are more evenly matched, utilitarianism falters. In the early days of the COVID-19 pandemic, governments all over the world adopted strict policies of social isolation and lockdown. This probably saved the lives of several million people.42 It also made hundreds of millions miserable for months. Moreover, it might have indirectly caused numerous deaths, for example by increasing the incidence of murderous domestic violence,43 or by making it more difficult for people to diagnose and treat other dangerous illnesses, like cancer.44 Can anyone calculate the total impact of the lockdown policies and determine whether they increased or decreased the suffering in the world?

    This may sound like a perfect task for a relentless computer network. But how would the computer network decide how many “misery points” to allocate to being locked down with three kids in a two-bedroom apartment for a month? Is that 60 misery points or 600? And how many points to allot to a cancer patient who died because she missed her chemotherapy treatments? Is that 60,000 misery points or 600,000? And what if she would have died of cancer anyway, and the chemo would merely have extended her life by five agonizing months? Should the computers value five months of living with extreme pain as a net gain or a net loss for the sum total of suffering in the world?

    And how would the computer network evaluate the suffering caused by less tangible things, such as the knowledge of our own mortality? If a religious myth promises us that we will never really die, because after death our eternal soul will go to heaven, does that make us truly happy or just delusional? Is death the deep cause of our misery, or does our misery stem from our attempts to deny death? If someone loses their religious faith and comes to terms with their mortality, should the computer network see this as a net loss or a net gain?

    What about even more complicated historical events like the American invasion of Iraq? The Americans were well aware that their invasion would cause tremendous suffering for millions of people. But in the long run, they argued, the benefits of bringing freedom and democracy to Iraq would outweigh the costs. Can the computer network calculate whether this argument was sound? Even if it was theoretically plausible, in practice the Americans failed to establish a stable democracy in Iraq. Does that mean that their attempt was wrong in the first place?

    Just as deontologists trying to answer the question of identity are pushed to adopt utilitarian ideas, so utilitarians stymied by the lack of a suffering calculus often end up adopting a deontologist position. They uphold general rules like “avoid wars of aggression” or “protect human rights,” even though they cannot show that following these rules always reduces the sum total of suffering in the world. History provides them only with a vague impression that following these rules tends to reduce suffering. And when some of these general rules clash—for example, when contemplating launching a war of aggression in order to protect human rights—utilitarianism doesn’t offer much practical help. Not even the most powerful computer network can perform the necessary calculations.

    Accordingly, while utilitarianism promises a rational—and even mathematical—way to align every action with “the ultimate good,” in practice it may well produce just another mythology. Communist true believers confronted by the horrors of Stalinism often replied that the happiness that future generations would experience under “real socialism” would redeem any short-term misery in the gulags. Libertarians, when asked about the immediate social harms of unrestricted free speech or the total abolition of taxes, express a similar faith that future benefits will outweigh any short-term damage. The danger of utilitarianism is that if you have a strong enough belief in a future utopia, it can become an open license to inflict terrible suffering in the present. Indeed, this is a trick traditional religions discovered thousands of years ago. The crimes of this world could too easily be excused by the promises of future salvation.

    COMPUTER MYTHOLOGY

    How then did bureaucratic systems throughout history set their ultimate goals? They relied on mythology to do it for them. No matter how rational were the officials, engineers, tax collectors, and accountants, they were ultimately in the service of this or that mythmaker. To paraphrase John Maynard Keynes, practical people, who believe themselves to be quite exempt from any religious influence, are usually the slaves of some mythmaker. Even nuclear physicists have found themselves obeying the commands of Shiite ayatollahs and communist apparatchiks.

    The alignment problem turns out to be, at heart, a problem of mythology. Nazi administrators could have been committed deontologists or utilitarians, but they would still have murdered millions so long as they understood the world in terms of a racist mythology. If you start with the mythological belief that Jews are demonic monsters bent on destroying humanity, then both deontologists and utilitarians can find many logical arguments why the Jews should be killed.

    An analogous problem might well afflict computers. Of course, they cannot “believe” in any mythology, because they are nonconscious entities that don’t believe in anything. As long as they lack subjectivity, how can they hold intersubjective beliefs? However, one of the most important things to realize about computers is that when a lot of computers communicate with one another, they can create inter-computer realities, analogous to the intersubjective realities produced by networks of humans. These inter-computer realities may eventually become as powerful—and as dangerous—as human-made intersubjective myths.

    This is a very complicated argument, but it is another of the central arguments of the book, so let’s go over it carefully. First, let’s try to understand what inter-computer realities are. As an initial example, consider a one-player computer game. In such a game, you can wander inside a virtual landscape that exists as information within one computer. If you see a rock, that rock is not made of atoms. It is made of bits inside a single computer. When several computers are linked to one another, they can create inter-computer realities. Several players using different computers can wander together inside a common virtual landscape. If they see a rock, that rock is made of bits in several computers.45

    Just as intersubjective realities like money and gods can influence the physical reality outside people’s minds, so inter-computer realities can influence reality outside the computers. In 2016 the game Pokémon Go took the world by storm and was downloaded hundreds of millions of times by the end of the year.46 Pokémon Go is an augmented reality mobile game. Players can use their smartphones to locate, fight, and capture virtual creatures called Pokémon, which seem to exist in the physical world. I once went with my nephew Matan on such a Pokémon hunt. Walking around his neighborhood, I saw only houses, trees, rocks, cars, people, cats, dogs, and pigeons. I didn’t see any Pokémon, because I didn’t have a smartphone. But Matan, looking around through his smartphone lens, could “see” Pokémon standing on a rock or hiding behind a tree.

    Though I couldn’t see the creatures, they were obviously not confined to Matan’s smartphone, because other people could “see” them too. For example, we encountered two other kids who were hunting the same Pokémon. If Matan managed to capture a Pokémon, the other kids could immediately observe what happened. The Pokémon were inter-computer entities. They existed as bits in a computer network rather than as atoms in the physical world, but they could nevertheless interact with the physical world and influence it, as it were, in various ways.

    Now let’s examine a more consequential example of inter-computer realities. Consider the rank that a website gets in a Google search. When we google for news, flight tickets, or restaurant recommendations, one website appears at the top of the first Google page, whereas another is relegated to the middle of the fiftieth page. What exactly is this Google rank, and how is it determined? The Google algorithm determines the website’s Google rank by assigning points to various parameters, such as how many people visit the website and how many other websites link to it. The rank itself is an inter-computer reality, existing in a network connecting billions of computers—the internet. Like Pokémon, this inter-computer reality spills over into the physical world. For a news outlet, a travel agency, or a restaurant it matters a great deal whether its website appears at the top of the first Google page or in the middle of the fiftieth page.47

    Since the Google rank is so important, people use all kinds of tricks to manipulate the Google algorithm to give their website a higher rank. For example, they may use bots to generate more traffic to the website.48 This is a widespread phenomenon in social media too, where coordinated bot armies are constantly manipulating the algorithms of YouTube, Facebook, or Twitter. If a tweet goes viral, is it because humans are really interested in it, or because thousands of bots managed to fool the Twitter algorithm?49

    Inter-computer realities like Pokémon and Google ranks are analogous to intersubjective realities like the sanctity that humans ascribe to temples and cities. I lived much of my life in one of the holiest places on earth—the city of Jerusalem. Objectively, it is an ordinary place. As you walk around Jerusalem, you see houses, trees, rocks, cars, people, cats, dogs, and pigeons, as in any other city. But many people nevertheless imagine it to be an extraordinary place, full of gods, angels, and holy stones. They believe in this so strongly that they sometimes fight over possession of the city or of specific holy buildings and sacred stones, most notably the Holy Rock, located under the Dome of the Rock on Temple Mount. The Palestinian philosopher Sari Nusseibeh observed that “Jews and Muslims, acting on religious beliefs and backed up by nuclear capabilities, are poised to engage in history’s worst-ever massacre of human beings, over a rock.”50 They don’t fight over the atoms that compose the rock; they fight over its “sanctity,” a bit like kids fighting over a Pokémon. The sanctity of the Holy Rock, and of Jerusalem generally, is an intersubjective phenomenon that exists in the communication network connecting many human minds. For thousands of years wars were fought over intersubjective entities like holy rocks. In the twenty-first century, we might see wars fought over inter-computer entities.

    If this sounds like science fiction, consider potential developments in the financial system. As computers become more intelligent and more creative, they are likely to create new inter-computer financial devices. Gold coins and dollars are intersubjective entities. Cryptocurrencies like bitcoin are midway between intersubective and inter-computer. The idea behind them was invented by humans, and their value still depends on human beliefs, but they cannot exist outside the computer network. In addition, they are increasingly traded by algorithms so that their value depends on the calculations of algorithms and not just on human beliefs.

    What if in ten or fifty years computers create a new kind of cryptocurrency or some other financial device that becomes a vital tool for trading and investing—and a potential source for political crises and conflicts? Recall that the 2007–8 global financial crisis was instigated by collateralized debt obligations. These financial devices were invented by a handful of mathematicians and investment whiz kids and were almost unintelligible for most humans, including regulators. This led to an oversight failure and to a global catastrophe.51 Computers may well create financial devices that will be orders of magnitude more complex than CDOs and that will be intelligible only to other computers. The result could be a financial and political crisis even worse than that of 2007–8.

    Throughout history, economics and politics required that we understand the intersubjective realities invented by people—like religions, nations, and currencies. Someone who wanted to understand American politics had to take into account intersubjective realities like Christianity and CDOs. Increasingly, however, understanding American politics will necessitate understanding inter-computer realities ranging from AI-generated cults and currencies to AI-run political parties and even fully incorporated AIs. The U.S. legal system already recognizes corporations as legal persons that possess rights such as freedom of speech. In Citizens United v. Federal Election Commission (2010) the U.S. Supreme Court decided that this even protected the right of corporations to make political donations.52 What would stop AIs from being incorporated and recognized as legal persons with freedom of speech, then lobbying and making political donations to protect and expand AI rights?

    For tens of thousands of years, humans dominated planet Earth because we were the only ones capable of creating and sustaining intersubjective entities like corporations, currencies, gods, and nations, and using such entities to organize large-scale cooperation. Now computers may acquire comparable abilities.

    This isn’t necessarily bad news. If computers lacked connectivity and creativity, they would not be very useful. We increasingly rely on computers to manage our money, drive our vehicles, reduce pollution, and discover new medicines, precisely because computers can directly communicate with one another, spot patterns where we can’t, and construct models that might never occur to us. The problem we face is not how to deprive computers of all creative agency, but rather how to steer their creativity in the right direction. It is the same problem we have always had with human creativity. The intersubjective entities invented by humans were the basis for all the achievements of human civilization, but they occasionally led to crusades, jihads, and witch hunts. The inter-computer entities will probably be the basis for future civilizations, but the fact that computers collect empirical data and use mathematics to analyze it doesn’t mean they cannot launch their own witch hunts.

    THE NEW WITCHES

    In early modern Europe, an elaborate information network analyzed a huge amount of data about crimes, illnesses, and disasters and reached the conclusion that it was all the fault of witches. The more data the witch-hunters gathered, the more convinced they became that the world was full of demons and sorcery and that there was a global satanic conspiracy to destroy humanity. The information network then went on to identify the witches and imprison or kill them. We now know that witches were a bogus intersubjective category, invented by the information network itself and then imposed on people who had never actually met Satan and couldn’t summon hailstorms.

    In the Soviet Union, an even more elaborate information network invented the kulaks—another mythic category that was imposed on millions. The mountains of information collected by Soviet bureaucracy about the kulaks weren’t an objective truth, but they created a new intersubjective truth. Knowing that someone was a kulak became one of the most important things to know about a Soviet person, even though the category was fictitious.

    On an even larger scale, from the sixteenth to the twentieth century, numerous colonial bureaucracies in the Americas, from Brazil through Mexico and the Caribbean to the United States, created a racist mythology and came up with all kinds of intersubjective racial categories. Humans were divided into Europeans, Africans, and Native Americans, and since interracial sexual relations were common, additional categories were invented. In many Spanish colonies the laws differentiated between mestizos, people with mixed Spanish and Native American ancestry; mulatos, people with mixed Spanish and African ancestry; zambos, people with mixed African and Native American ancestry; and pardos, people with mixed Spanish, African, and Native American ancestry. All these seemingly empirical categories determined whether people could be enslaved, enjoy political rights, bear arms, hold public offices, be admitted to school, practice certain professions, live in particular neighborhoods, and be allowed to have sex and get married to each other. Allegedly, by placing a person in a particular racial drawer, one could define their personality, intellectual abilities, and ethical inclinations.53

    By the nineteenth century racism pretended to be an exact science: it claimed to differentiate between people on the basis of objective biological facts, and to rely on scientific tools such as measuring skulls and recording crime statistics. But the cloud of numbers and categories was just a smoke screen for absurd intersubjective myths. The fact that somebody had a Native American grandmother or an African father didn’t, of course, reveal anything about their intelligence, kindness, or honesty. These bogus categories didn’t discover or describe any truth about humans; they imposed an oppressive, mythological order on them.

    As computers replace humans in more and more bureaucracies, from tax collection and health care to security and justice, they too may create a mythology and impose it on us with unprecedented efficiency. In a world ruled by paper documents, bureaucrats had difficulty policing racial borderlines or tracking everyone’s exact ancestry. People could get false documents. A zambo could move to another town and pretend to be a pardo. A Black person could sometimes pass as white. Similarly in the Soviet Union, kulak children occasionally managed to falsify their papers to get a good job or a place in college. In Nazi Europe, Jews could sometimes adopt an Aryan identity. But it would be much harder to game the system in a world ruled by computers that can read irises and DNA rather than paper documents. Computers could be frighteningly efficient in imposing false labels on people and making sure that the labels stick.

    For example, social credit systems could create a new underclass of “low-credit people.” Such a system may claim to merely “discover” the truth through an empirical and mathematical process of aggregating points to form an overall score. But how exactly would it define pro-social and antisocial behaviors? What happens if such a system detracts points for criticizing government policies, for reading foreign literature, for practicing a minority religion, for having no religion, or for socializing with other low-credit people? As a thought experiment, consider what might happen when the new technology of the social credit system meets traditional religions.

    Religions like Judaism, Christianity, and Islam have always imagined that somewhere above the clouds there is an all-seeing eye that gives or deducts points for everything we do and that our eternal fate depends on the score we accumulate. Of course, nobody could be certain of their score. You could know for sure only after you died. In practical terms, this meant that sinfulness and sainthood were intersubjective phenomena whose very definition depended on public opinion. What might happen if the Iranian regime, for example, decides to use its computer-based surveillance system not only to enforce its strict hijab laws, but to turn sinfulness and sainthood into precise inter-computer phenomena? You didn’t wear a hijab on the street—that’s -10 points. You ate on Ramadan before sunset—another 20 points deducted. You went to Friday prayer at the mosque, +5 points. You made the pilgrimage to Mecca, +500 points. The system might then aggregate all the points and divide people into “sinners” (under 0 points), “believers” (0 to 1,000 points), and “saints” (above 1,000 points). Whether someone is a sinner or a saint will depend on algorithmic calculations, not human belief. Would such a system discover the truth about people or impose order on people?

    Analogous problems may afflict all social credit systems and total surveillance regimes. Whenever they claim to use all-encompassing databases and ultraprecise mathematics to discover sinners, terrorists, criminals, antisocial or untrustworthy people, they might actually be imposing baseless religious and ideological prejudices with unprecedented efficiency.

    COMPUTER BIAS

    Some people may hope to overcome the problem of religious and ideological biases by giving even more power to the computers. The argument for doing so might go something like this: racism, misogyny, homophobia, antisemitism, and all other biases originate not in computers but in the psychological conditions and mythological beliefs of human beings. Computers are mathematical beings that don’t have a psychology or a mythology. So if we could take the humans completely out of the equation, the algorithms could finally decide things on the basis of pure math, free from all psychological distortions or mythological prejudices.

    Unfortunately, numerous studies have revealed that computers often have deep-seated biases of their own. While they are not biological entities, and while they lack consciousness, they do have something akin to a digital psyche and even a kind of inter-computer mythology. They may well be racist, misogynist, homophobic, or antisemitic.54 For example, on March 23, 2016, Microsoft released the AI chatbot Tay, giving it free access to Twitter. Within hours, Tay began posting misogynist and antisemitic twits, such as “I fucking hate feminists and they should all die and burn in hell” and “Hitler was right I hate the Jews.” The vitriol increased until horrified Microsoft engineers shut Tay down—a mere sixteen hours after its release.55

    More subtle but widespread racism was discovered in 2017 by the MIT professor Joy Buolamwini in commercial face-classification algorithms. She showed that these algorithms were very accurate in identifying white males, but extremely inaccurate in identifying Black females. For example, the IBM algorithm erred only 0.3 percent of the time in identifying the gender of light-skinned males, but 34.7 percent of the time when trying to identify the gender of dark-skinned females. As a qualitative test, Buolamwini asked the algorithms to categorize photos of the female African American activist Sojourner Truth, famous for her 1851 speech “Ain’t I a Woman?” The algorithms identified Truth as a man.56

    When Buolamwini—who is a Ghanaian American woman—tested another facial-analysis algorithm to identify herself, the algorithm couldn’t “see” her dark-skinned face at all. In this context, “seeing” means the ability to acknowledge the presence of a human face, a feature used by phone cameras, for example, to decide where to focus. The algorithm easily saw light-skinned faces, but not Buolamwini’s. Only when Buolamwini put on a white mask did the algorithm recognize that it was observing a human face.57

    What’s going on here? One answer might be that racist and misogynist engineers have coded these algorithms to discriminate against Black women. While we cannot rule out the possibility that such things happen, it was not the answer in the case of the face-classification algorithms or of Microsoft’s Tay. In fact, these algorithms picked up the racist and misogynist bias all by themselves from the data they were trained on.

    To understand how this could happen, we need to explain something about the history of algorithms. Originally, algorithms could not learn much by themselves. For example, in the 1980s and 1990s chess-playing algorithms were taught almost everything they knew by their human programmers. The humans coded into the algorithm not only the basic rules of chess but also how to evaluate different positions and moves on the board. For example, humans coded a rule that sacrificing a queen in exchange for a pawn is usually a bad idea. These early algorithms managed to defeat human chess masters only because the algorithms could calculate many more moves and evaluate many more positions than a human could. But the algorithms’ abilities remained limited. Since they relied on humans to tell them all the secrets of the game, if the human coders didn’t know something, the algorithms they produced were also unlikely to know it.58

    As the field of machine learning developed, algorithms gained more independence. The fundamental principle of machine learning is that algorithms can teach themselves new things by interacting with the world, just as humans do, thereby producing a fully fledged artificial intelligence. The terminology is not always consistent, but generally speaking, for something to be acknowledged as an AI, it needs the capacity to learn new things by itself, rather than just follow the instructions of its original human creators. Present-day chess-playing AI is taught nothing except the basic rules of the game. It learns everything else by itself, either by analyzing databases of prior games or by playing new games and learning from experience.59 AI is not a dumb automaton that repeats the same movements again and again irrespective of the results. Rather, it is equipped with strong self-correcting mechanisms, which allow it to learn from its own mistakes.

    This means that AI begins its life as a “baby algorithm” that has a lot of potential and computing power but doesn’t actually know much. The AI’s human parents give it only the capacity to learn and access to a world of data. They then let the baby algorithm explore the world. Like organic newborns, baby algorithms learn by spotting patterns in the data to which they have access. If I touch fire, it hurts. If I cry, mum comes. If I sacrifice a queen for a pawn, I probably lose the game. By finding patterns in the data, the baby algorithm learns more, including many things that its human parents don’t know.60

    Yet databases come with biases. The face-classification algorithms studied by Joy Buolamwini were trained on data sets of tagged online photos, such as the Labeled Faces in the Wild database. The photos in that database were taken mainly from online news articles. Since white males dominate the news, 78 percent of the photos in the database were of males, and 84 percent were of white people. George W. Bush appeared 530 times—more than twice as many times as all Black women combined.61 Another database prepared by a U.S. government agency was more than 75 percent male, was almost 80 percent light-skinned, and had just 4.4 percent dark-skinned females.62 No wonder the algorithms trained on such data sets were excellent at identifying white men but lousy at identifying Black women. Something similar happened to the chatbot Tay. The Microsoft engineers didn’t build into it any intentional prejudices. But a few hours of exposure to the toxic information swirling in Twitter turned the AI into a raging racist.63

    It gets worse. In order to learn, baby algorithms need one more thing besides access to data. They also need a goal. A human baby learns how to walk because she wants to get somewhere. A lion cub learns to hunt because he wants to eat. Algorithms too must be given a goal in order to learn. In chess, it is easy to define the goal: take the opponent’s king. The AI learns that sacrificing a queen for a pawn is a “mistake,” because it usually prevents the algorithm from reaching its goal. In face recognition, the goal is also easy: identify the person’s gender, age, and name as listed in the original database. If the algorithm guessed that George W. Bush is female, but the database says male, the goal has not been reached, and the algorithm learns from its mistake.

    But if you want to train an algorithm for hiring personnel, for example, how would you define the goal? How would the algorithm know that it made a mistake and hired the “wrong” person? We might tell the baby algorithm that its goal is to hire people who stay in the company for at least a year. Employers obviously don’t want to invest a lot of time and money in training a worker who quits or gets fired after a few months. Having defined the goal in such a way, it is time to go over the data. In chess, the algorithm can produce any amount of new data just by playing against itself. But in the job market, that’s impossible. Nobody can create an entire imaginary world where the baby algorithm can hire and fire imaginary people and learn from that experience. The baby algorithm can train only on an existing database about real-life people. Just as lion cubs learn what a zebra is mainly by spotting patterns in the real-life savanna, so baby algorithms learn what a good employee is by spotting patterns in real-life companies.

    Unfortunately, if real-life companies already suffer from some ingrained bias, the baby algorithm is likely to learn this bias, and even amplify it. For instance, an algorithm looking for patterns of “good employees” in real-life data may conclude that hiring the boss’s nephews is always a good idea, no matter what other qualification they have. For the data clearly indicates that “boss’s nephews” are usually hired when applying for a job, and are rarely fired. The baby algorithm would spot this pattern and become nepotistic. If it is put in charge of an HR department, it will start giving preference to the boss’s nephews.

    Similarly, if companies in a misogynist society prefer to hire men rather than women, an algorithm trained on real-life data is likely to pick up that bias, too. This indeed happened when Amazon tried in 2014–18 to develop an algorithm for screening job applications. Learning from previous successful and unsuccessful applications, the algorithm began to systematically downgrade applications simply for containing the word “women” or coming from graduates of women’s colleges. Since existing data showed that in the past such applications had less chance of succeeding, the algorithm developed a bias against them. The algorithm thought it had simply discovered an objective truth about the world: applicants who graduate from women’s colleges are less qualified. In fact, it just internalized and imposed a misogynist bias. Amazon tried and failed to fix the problem and ultimately scrapped the project.64

    The database on which an AI is trained is a bit like a human’s childhood. Childhood experiences, traumas, and fairy tales stay with us throughout our lives. AIs too have childhood experiences. Algorithms might even infect one another with their biases, just as humans do. Consider a future society in which algorithms are ubiquitous and used not just to screen job applicants but also to recommend to people what to study in college. Suppose that due to a preexisting misogynist bias, 80 percent of jobs in engineering are given to men. In this society, an algorithm that hires new engineers is not only likely to copy this preexisting bias but also to infect the college recommendation algorithms with the same bias. A young woman entering college may be discouraged from studying engineering, because the existing data indicates she is less likely to eventually get a job. What began as a human intersubjective myth that “women aren’t good at engineering” might morph into an inter-computer myth. If we don’t get rid of the bias at the very beginning, computers may well perpetuate and magnify it.65

    But getting rid of algorithmic bias might be as difficult as ridding ourselves of our human biases. Once an algorithm has been trained, it takes a lot of time and effort to “untrain” it. We might decide to just dump the biased algorithm and train an altogether new algorithm on a new set of less biased data. But where on earth can we find a set of totally unbiased data?66

    Many of the algorithmic biases surveyed in this and previous chapters share the same fundamental problem: the computer thinks it has discovered some truth about humans, when in fact it has imposed order on them. A social media algorithm thinks it discovered that humans like outrage, when in fact it is the algorithm itself that conditioned humans to produce and consume more outrage. Such biases result, on the one hand, from the computers discounting the full spectrum of human abilities and, on the other hand, from the computers discounting their own power to influence humans. Even if computers observe that almost all humans behave in a particular way, it doesn’t mean humans are bound to behave like that. Maybe it just means that the computers themselves are rewarding such behavior while punishing and blocking alternatives. For computers to have a more accurate and responsible view of the world, they need to take into account their own power and impact. And for that to happen, the humans who currently engineer computers need to accept that they are not manufacturing new tools. They are unleashing new kinds of independent agents, and potentially even new kinds of gods.

    THE NEW GODS?

    In God, Human, Animal, Machine, the philosopher Meghan O’Gieblyn demonstrates how the way we understand computers is heavily influenced by traditional mythologies. In particular, she stresses the similarities between the omniscient and unfathomable god of Judeo-Christian theology and present-day AIs whose decisions seem to us both infallible and inscrutable.67 This may present humans with a dangerous temptation.

    We saw in chapter 4 that already thousands of years ago humans dreamed about finding an infallible information technology to shield us from human corruption and error. Holy books were an audacious attempt to craft such a technology, but they backfired. Since the book couldn’t interpret itself, a human institution had to be built to interpret the sacred words and adapt them to changing circumstances. Different humans interpreted the holy book in different ways, thereby reopening the door to corruption and error. But in contrast to the holy book, computers can adapt themselves to changing circumstances and also interpret their decisions and ideas for us. Some humans may consequently conclude that the quest for an infallible technology has finally succeeded and that we should treat computers as a holy book that can talk to us and interpret itself, without any need of an intervening human institution.

    This would be an extremely hazardous gamble. When certain interpretations of scriptures have occasionally caused disasters such as witch hunts and wars of religion, humans have always been able to change their beliefs. When the human imagination summoned a belligerent and hate-filled god, we retained the power to rid ourselves of it and imagine a more tolerant deity. But algorithms are independent agents, and they are already taking power away from us. If they cause disaster, simply changing our beliefs about them will not necessarily stop them. And it is highly likely that if computers are entrusted with power, they will indeed cause disasters, for they are fallible.

    When we say that computers are fallible, it means far more than that they make the occasional factual mistake or wrong decision. More important, like the human network before it, the computer network might fail to find the right balance between truth and order. By creating and imposing on us powerful inter-computer myths, the computer network could cause historical calamities that would dwarf the early modern European witch hunts or Stalin’s collectivization.

    Consider a network of billions of interacting computers that accumulates a stupendous amount of information on the world. As they pursue various goals, the networked computers develop a common model of the world that helps them communicate and cooperate. This shared model will probably be full of errors, fictions, and lacunae, and be a mythology rather than a truthful account of the universe. One example is a social credit system that divides humans into bogus categories, determined not by a human rationale like racism but by some unfathomable computer logic. We may come into contact with this mythology every day of our lives, since it would guide the numerous decisions computers make about us. But because this mythical model would be created by inorganic entities in order to coordinate actions with other inorganic entities, it might owe nothing to the old biological dramas and might be totally alien to us.68

    As noted in chapter 2, large-scale societies cannot exist without some mythology, but that doesn’t mean all mythologies are equal. To guard against errors and excesses, some mythologies have acknowledged their own fallible origin and included a self-correcting mechanism allowing humans to question and change the mythology. That’s the model of the U.S. Constitution, for example. But how can humans probe and correct a computer mythology we don’t understand?

    One potential guardrail is to train computers to be aware of their own fallibility. As Socrates taught, being able to say “I don’t know” is an essential step on the path to wisdom. And this is true of computer wisdom no less than of human wisdom. The first lesson that every algorithm should learn is that it might make mistakes. Baby algorithms should learn to doubt themselves, to signal uncertainty, and to obey the precautionary principle. This is not impossible. Engineers are already making considerable headway in encouraging AI to express self-doubt, ask for feedback, and admit its mistakes.69

    Yet no matter how aware algorithms are of their own fallibility, we should keep humans in the loop, too. Given the pace at which AI is developing, it is simply impossible to anticipate how it will evolve and to place guardrails against all future potential hazards. This is a key difference between AI and previous existential threats like nuclear technology. The latter presented humankind with a few easily anticipated doomsday scenarios, most obviously an all-out nuclear war. This meant that it was feasible to conceptualize the danger in advance, and explore ways to mitigate it. In contrast, AI presents us with countless doomsday scenarios. Some are relatively easy to grasp, such as terrorists using AI to produce biological weapons of mass destruction. Some are more difficult to grasp, such as AI creating new psychological weapons of mass destruction. And some may be utterly beyond the human imagination, because they emanate from the calculations of an alien intelligence. To guard against a plethora of unforeseeable problems, our best bet is to create living institutions that can identify and respond to the threats as they arise.70

    Ancient Jews and Christians were disappointed to discover that the Bible couldn’t interpret itself, and reluctantly maintained human institutions to do what the technology couldn’t. In the twenty-first century, we are in an almost opposite situation. We devised a technology that can interpret itself, but precisely for this reason we had better create human institutions to monitor it carefully.
    To conclude, the new computer network will not necessarily be either bad or good. All we know for sure is that it will be alien and it will be fallible. We therefore need to build institutions that will be able to check not just familiar human weaknesses like greed and hatred but also radically alien errors. There is no technological solution to this problem. It is, rather, a political challenge. Do we have the political will to deal with it? Modern humanity has created two main types of political systems: large-scale democracy and large-scale totalitarianism. Part 3 examines how each of these systems may deal with a radically alien and fallible computer network.

    PART III  Computer Politics

    CHAPTER 9 Democracies: Can We Still Hold a Conversation?

    Civilizations are born from the marriage of bureaucracy and mythology. The computer-based network is a new type of bureaucracy, which is far more powerful and relentless than any human-based bureaucracy we’ve seen before. This network is also likely to create inter-computer mythologies, which will be far more complex and alien than any human-made god. The potential benefits of this network are enormous. The potential downside is the destruction of human civilization.

    To some people, warnings about civilizational collapse sound like over-the-top jeremiads. Every time a powerful new technology has emerged, anxieties arose that it might bring about the apocalypse, but we are still here. As the Industrial Revolution unfolded, Luddite doomsday scenarios did not come to pass, and Blake’s “dark Satanic Mills” ended up producing the most affluent societies in history. Most people today enjoy far better living conditions than their ancestors in the eighteenth century. Intelligent machines will prove even more beneficial than any previous machines, promise AI enthusiasts like Marc Andreessen and Ray Kurzweil.1 Humans will enjoy much better health care, education, and other services, and AI will even help save the ecosystem from collapse.

    Unfortunately, a closer look at history reveals that the Luddites were not entirely wrong and that we actually have very good reasons to fear powerful new technologies. Even if in the end the positives of these technologies outweigh their negatives, getting to that happy ending usually involves a lot of trials and tribulations. Novel technology often leads to historical disasters, not because the technology is inherently bad, but because it takes time for humans to learn how to use it wisely.

    The Industrial Revolution is a prime example. When industrial technology began spreading globally in the nineteenth century, it upended traditional economic, social, and political structures and opened the way to create entirely new societies, which were potentially more affluent and peaceful. However, learning how to build benign industrial societies was far from straightforward and involved many costly experiments and hundreds of millions of victims.

    One costly experiment was modern imperialism. The Industrial Revolution originated in Britain in the late eighteenth century. During the nineteenth century industrial technologies and production methods were adopted in other European countries ranging from Belgium to Russia, as well as in the United States and Japan. Imperialist thinkers, politicians, and parties in these industrial heartlands claimed that the only viable industrial society was an empire. The argument was that unlike relatively self-sufficient agrarian societies, the novel industrial societies relied much more on foreign markets and foreign raw materials, and only an empire could satisfy these unprecedented appetites. Imperialists feared that countries that industrialized but failed to conquer any colonies would be shut out from essential raw materials and markets by more ruthless competitors. Some imperialists argued that acquiring colonies was not just essential for the survival of their own state but beneficial for the rest of humanity, too. They claimed empires alone could spread the blessings of the new technologies to the so-called undeveloped world.

    Consequently, industrial countries like Britain and Russia that already had empires greatly expanded them, whereas countries like the United States, Japan, Italy, and Belgium set out to build them. Equipped with mass-produced rifles and artillery, conveyed by steam power, and commanded by telegraph, the armies of industry swept the globe from New Zealand to Korea, and from Somalia to Turkmenistan. Millions of indigenous people saw their traditional way of life trampled under the wheels of these industrial armies. It took more than a century of misery before most people realized that the industrial empires were a terrible idea and that there were better ways to build an industrial society and secure its necessary raw materials and markets.

    Stalinism and Nazism were also extremely costly experiments in how to construct industrial societies. Leaders like Stalin and Hitler argued that the Industrial Revolution had unleashed immense powers that only totalitarianism could rein in and exploit to the full. They pointed to World War I—the first “total war” in history—as proof that survival in the industrial world demanded totalitarian control of all aspects of politics, society, and the economy. On the positive side, they also claimed that the Industrial Revolution was like a furnace that melts all previous social structures with their human imperfections and weaknesses and provides the opportunity to forge perfect societies inhabited by unalloyed superhumans.

    On the way to creating the perfect industrial society, Stalinists and Nazis learned how to industrially murder millions of people. Trains, barbed wires, and telegraphed orders were linked to create an unprecedented killing machine. Looking back, most people today are horrified by what the Stalinists and Nazis perpetrated, but at the time their audacious visions mesmerized millions. In 1940 it was easy to believe that Stalin and Hitler were the model for harnessing industrial technology, whereas the dithering liberal democracies were on their way to the dustbin of history.

    The very existence of competing recipes for building industrial societies led to costly clashes. The two world wars and the Cold War can be seen as a debate about the proper way to go about it, in which all sides learned from each other, while experimenting with novel industrial methods to wage war. In the course of this debate, tens of millions died and humankind came perilously close to annihilating itself.

    On top of all these other catastrophes, the Industrial Revolution also undermined the global ecological balance, causing a wave of extinctions. In the early twenty-first century up to fifty-eight thousand species are believed to go extinct every year, and total vertebrate populations have declined by 60 percent between 1970 and 2014.2 The survival of human civilization too is under threat. Because we still seem unable to build an industrial society that is also ecologically sustainable, the vaunted prosperity of the present human generation comes at a terrible cost to other sentient beings and to future human generations. Maybe we’ll eventually find a way—perhaps with the help of AI—to create ecologically sustainable industrial societies, but until that day the jury on Blake’s satanic mills is still out.

    If we ignore for a moment the ongoing damage to the ecosystem, we can nevertheless try to comfort ourselves with the thought that eventually humans did learn how to build more benevolent industrial societies. Imperial conquests, world wars, genocides, and totalitarian regimes were woeful experiments that taught humans how not to do it. By the end of the twentieth century, some might argue, humanity got it more or less right.

    Yet even so the message to the twenty-first century is bleak. If it took humanity so many terrible lessons to learn how to manage steam power and telegraphs, what would it cost to learn to manage bioengineering and AI? Do we need to go through another cycle of global empires, totalitarian regimes, and world wars in order to figure out how to use them benevolently? The technologies of the twenty-first century are far more powerful—and potentially far more destructive—than those of the twentieth century. We therefore have less room for error. In the twentieth century, we can say that humanity got a C minus in the lesson on using industrial technology. Just enough to pass. In the twenty-first century, the bar is set much higher. We must do better this time.

    THE DEMOCRATIC WAY

    By the end of the twentieth century, it had become clear that imperialism, totalitarianism, and militarism were not the ideal way to build industrial societies. Despite all its flaws, liberal democracy offered a better way. The great advantage of liberal democracy is that it possesses strong self-correcting mechanisms, which limit the excesses of fanaticism and preserve the ability to recognize our errors and try different courses of action. Given our inability to predict how the new computer network will develop, our best chance to avoid catastrophe in the present century is to maintain democratic self-correcting mechanisms that can identify and correct mistakes as we go along.

    But can liberal democracy itself survive in the twenty-first century? This question is not concerned with the fate of democracy in specific countries, where it might be threatened by unique developments and local movements. Rather, it is about the compatibility of democracy with the structure of twenty-first-century information networks. In chapter 5 we saw that democracy depends on information technology and that for most of human history large-scale democracy was simply impossible. Might the new information technologies of the twenty-first century again make democracy impractical?

    One potential threat is that the relentlessness of the new computer network might annihilate our privacy and punish or reward us not only for everything we do and say but even for everything we think and feel. Can democracy survive under such conditions? If the government—or some corporation—knows more about me than I know about myself, and if it can micromanage everything I do and think, that would give it totalitarian control over society. Even if elections are still held regularly, they would be an authoritarian ritual rather than a real check on the government’s power. For the government could use its vast surveillance powers and its intimate knowledge of every citizen to manipulate public opinion on an unprecedented scale.

    It is a mistake, however, to imagine that just because computers could enable the creation of a total surveillance regime, such a regime is inevitable. Technology is rarely deterministic. In the 1970s, democratic countries like Denmark and Canada could have emulated the Romanian dictatorship and deployed an army of secret agents and informers to spy on their citizens in the service of “maintaining the social order.” They chose not to, and it turned out to be the right choice. Not only were people much happier in Denmark and Canada, but these countries also performed much better by almost every conceivable social and economic yardstick. In the twenty-first century, too, the fact that it is possible to monitor everybody all the time doesn’t force anyone to actually do it and doesn’t mean it makes social or economic sense.

    Democracies can choose to use the new powers of surveillance in a limited way, in order to provide citizens with better health care and security without destroying their privacy and autonomy. New technology doesn’t have to be a morality tale in which every golden apple contains the seeds of doom. Sometimes people think of new technology as a binary all-or-nothing choice. If we want better health care, we must sacrifice our privacy. But it doesn’t have to work like that. We can and should get better health care and still retain some privacy.

    Entire books are dedicated to outlining how democracies can survive and flourish in the digital age.3 It would be impossible, in a few pages, to do justice to the complexity of the suggested solutions, or to comprehensively discuss their merits and drawbacks. It might even be counterproductive. When people are overwhelmed by a deluge of unfamiliar technical details, they might react with despair or apathy. In an introductory survey of computer politics, things should be kept as simple as possible. While experts should spend lifelong careers discussing the finer details, it is crucial that the rest of us understand the fundamental principles that democracies can and should follow. The key message is that these principles are neither new nor mysterious. They have been known for centuries, even millennia. Citizens should demand that they be applied to the new realities of the computer age.

    The first principle is benevolence. When a computer network collects information on me, that information should be used to help me rather than manipulate me. This principle has already been successfully enshrined by numerous traditional bureaucratic systems, such as health care. Take, for example, our relationship with our family physician. Over many years she may accumulate a lot of sensitive information on our medical conditions, family life, sexual habits, and unhealthy vices. Perhaps we don’t want our boss to know that we got pregnant, we don’t want our colleagues to know we have cancer, we don’t want our spouse to know we are having an affair, and we don’t want the police to know we take recreational drugs, but we trust our physician with all this information so that she can take good care of our health. If she sells this information to a third party, it is not just unethical; it is illegal.

    Much the same is true of the information that our lawyer, our accountant, or our therapist accumulates.4 Having access to our personal life comes with a fiduciary duty to act in our best interests. Why not extend this obvious and ancient principle to computers and algorithms, starting with the powerful algorithms of Google, Baidu, and TikTok? At present, we have a serious problem with the business model of these data hoarders. While we pay our physicians and lawyers for their services, we usually don’t pay Google and TikTok. They make their money by exploiting our personal information. That’s a problematic business model, one that we would hardly tolerate in other contexts. For example, we don’t expect to get free shoes from Nike in exchange for giving Nike all our private information and allowing Nike to do what it wants with it. Why should we agree to get free email services, social connections, and entertainment from the tech giants in exchange for giving them control of our most sensitive data?

    If the tech giants cannot square their fiduciary duty with their current business model, legislators could require them to switch to a more traditional business model, of getting users to pay for services in money rather than in information. Alternatively, citizens might view some digital services as so fundamental that they should be free for everybody. But we have a historical model for that too: health care and education. Citizens could decide that it is the government’s responsibility to provide basic digital services for free and finance them out of our taxes, just as many governments provide free basic health care and education services.

    The second principle that would protect democracy against the rise of totalitarian surveillance regimes is decentralization. A democratic society should never allow all its information to be concentrated in one place, no matter whether that hub is the government or a private corporation. It may be extremely helpful to create a national medical database that collects information on citizens in order to provide them with better health-care services, prevent epidemics, and develop new medicines. But it would be a very dangerous idea to merge this database with the databases of the police, the banks, or the insurance companies. Doing so might make the work of doctors, bankers, insurers, and police officers more efficient, but such hyper-efficiency can easily pave the way for totalitarianism. For the survival of democracy, some inefficiency is a feature, not a bug. To protect the privacy and liberty of individuals, it’s best if neither the police nor the boss knows everything about us.

    Multiple databases and information channels are also essential for maintaining strong self-correcting mechanisms. These mechanisms require several different institutions that balance each other: government, courts, media, academia, private businesses, NGOs. Each of these is fallible and corruptible, and so should be checked by the others. To keep an eye on each other, these institutions must have independent access to information. If all newspapers get their information from the government, they cannot expose government corruption. If academia relies for research and publication on the database of a single business behemoth, could scholars still criticize the operations of that corporation? A single archive makes censorship easy.

    A third democratic principle is mutuality. If democracies increase surveillance of individuals, they must simultaneously increase surveillance of governments and corporations too. It’s not necessarily bad if tax collectors or welfare agencies gather more information about us. It can help make taxation and welfare systems not just more efficient but fairer as well. What’s bad is if all the information flows one way: from the bottom up. The Russian FSB collects enormous amounts of information on Russian citizens, while citizens themselves know close to nothing about the inner workings of the FSB and the Putin regime more generally. Amazon and TikTok know an awful lot about my preferences, purchases, and personality, while I know almost nothing about their business model, their tax policies, and their political affiliations. How do they make their money? Do they pay all the tax that they should? Do they take orders from any political overlords? Do they perhaps have politicians in their pocket?

    Democracy requires balance. Governments and corporations often develop apps and algorithms as tools for top-down surveillance. But algorithms can just as easily become powerful tools for bottom-up transparency and accountability, exposing bribery and tax evasion. If they know more about us, while we simultaneously know more about them, the balance is kept. This isn’t a novel idea. Throughout the nineteenth and twentieth centuries, democracies greatly expanded governmental surveillance of citizens so that, for example, the Italian or Japanese government of the 1990s had surveillance abilities that autocratic Roman emperors or Japanese shoguns could only dream of. Italy and Japan nevertheless remained democratic, because they simultaneously increased governmental transparency and accountability. Mutual surveillance is another important element of sustaining self-correcting mechanisms. If citizens know more about the activities of politicians and CEOs, it is easier to hold them accountable and to correct their mistakes.

    A fourth democratic principle is that surveillance systems must always leave room for both change and rest. In human history, oppression can take the form of either denying humans the ability to change or denying them the opportunity to rest. For example, the Hindu caste system was based on myths that said the gods divided humans into rigid castes, and any attempt to change one’s status was akin to rebelling against the gods and the proper order of the universe. Racism in modern colonies and countries like Brazil and the United States was based on similar myths, ones that said that God or nature divided humans into rigid racial groups. Ignoring race, or trying to mix races together, was allegedly a sin against divine or natural laws that could result in the collapse of the social order and even the destruction of the human species.

    At the opposite extreme of the spectrum, modern totalitarian regimes like Stalin’s U.S.S.R. believed that humans are capable of almost limitless change. Through relentless social control even deep-seated biological characteristics such as egotism and familial attachments could be uprooted, and a new socialist human created.

    Surveillance by state agents, priests, and neighbors was key for imposing on people both rigid caste systems and totalitarian reeducation campaigns. New surveillance technology, especially when coupled with a social credit system, might force people either to conform to a novel caste system or to constantly change their actions, thoughts, and personality in accordance with the latest instructions from above.

    Democratic societies that employ powerful surveillance technology therefore need to beware of the extremes of both over-rigidity and over-pliability. Consider, for example, a national health-care system that deploys algorithms to monitor my health. At one extreme, the system could take an overly rigid approach and ask its algorithm to predict what illnesses I am likely to suffer from. The algorithm then goes over my genetic data, my medical file, my social media activities, my diet, and my daily schedule and concludes that I have a 91 percent chance of suffering a heart attack at the age of fifty. If this rigid medical algorithm is used by my insurance company, it may prompt the insurer to raise my premium.5 If it is used by my bankers, it may cause them to refuse me a loan. If it is used by potential spouses, they may decide not to marry me.

    But it is a mistake to think that the rigid algorithm has really discovered the truth about me. The human body is not a fixed block of matter but a complex organic system that is constantly growing, decaying, and adapting. Our minds too are in constant flux. Thoughts, emotions, and sensations pop up, flare for a while, and die down. In our brains, new synapses form within hours.6 Just reading this paragraph, for example, is changing your brain structure a little, encouraging neurons to make new connections or abandon old links. You are already a little different from what you were when you began reading it. Even at the genetic level things are surprisingly flexible. Though an individual’s DNA remains the same throughout life, epigenetic and environmental factors can significantly alter how the same genes express themselves.

    So an alternative health-care system may instruct its algorithm not to predict my illnesses, but rather to help me avoid them. Such a dynamic algorithm could go over the exact same data as the rigid algorithm, but instead of predicting a heart attack at fifty, the algorithm gives me precise dietary recommendations and suggestions for specific regular exercises. By hacking my DNA, the algorithm doesn’t discover my preordained destiny, but rather helps me change my future. Insurance companies, banks, and potential spouses should not write me off so easily.7

    But before we rush to embrace the dynamic algorithm, we should note that it too has a downside. Human life is a balancing act between endeavoring to improve ourselves and accepting who we are. If the goals of the dynamic algorithm are dictated by an ambitious government or by ruthless corporations, the algorithm is likely to morph into a tyrant, relentlessly demanding that I exercise more, eat less, change my hobbies, and alter numerous other habits, or else it would report me to my employer or downgrade my social credit score. History is full of rigid caste systems that denied humans the ability to change, but it is also full of dictators who tried to mold humans like clay. Finding the middle path between these two extremes is a never-ending task. If we indeed give a national health-care system vast power over us, we must create self-correcting mechanisms that will prevent its algorithms from becoming either too rigid or too demanding.

    THE PACE OF DEMOCRACY

    Surveillance is not the only danger that new information technologies pose to democracy. A second threat is that automation will destabilize the job market and the resulting strain may undermine democracy. The fate of the Weimar Republic is the most commonly cited example of this kind of threat. In the German elections of May 1928, the Nazi Party won less than 3 percent of the vote, and the Weimar Republic seemed to be prospering. Within less than five years, the Weimar Republic had collapsed, and Hitler was the absolute dictator of Germany. This turnaround is usually attributed to the 1929 financial crisis and the following global depression. Whereas just prior to the Wall Street crash of 1929 the German unemployment rate was about 4.5 percent of the labor force, by early 1932 it had climbed to almost 25 percent.8

    If three years of up to 25 percent unemployment could turn a seemingly prospering democracy into the most brutal totalitarian regime in history, what might happen to democracies when automation causes even bigger upheavals in the job market of the twenty-first century? Nobody knows what the job market will look like in 2050, or even in 2030, except that it will look very different from today. AI and robotics will change numerous professions, from harvesting crops to trading stocks to teaching yoga. Many jobs that people do today will be taken over, partly or wholly, by robots and computers.

    Of course, as old jobs disappear, new jobs will emerge. Fears of automation leading to large-scale unemployment go back centuries, and so far they have never materialized. The Industrial Revolution put millions of farmers out of agricultural jobs and provided them with new jobs in factories. It then automated factories and created lots of service jobs. Today many people have jobs that were unimaginable thirty years ago, such as bloggers, drone operators, and designers of virtual worlds. It is highly unlikely that by 2050 all human jobs will disappear. Rather, the real problem is the turmoil of adapting to new jobs and conditions. To cushion the blow, we need to prepare in advance. In particular, we need to equip younger generations with skills that will be relevant to the job market of 2050.

    Unfortunately, nobody is certain what skills we should teach children in school and students in university, because we cannot predict which jobs and tasks will disappear and which ones will emerge. The dynamics of the job market may contradict many of our intuitions. Some skills that we have cherished for centuries as unique human abilities may be automated rather easily. Other skills that we tend to look down on may be far more difficult to automate.

    For example, intellectuals tend to appreciate intellectual skills more than motor and social skills. But actually, it is easier to automate chess playing than, say, dish washing. Until the 1990s, chess was often hailed as one of the prime achievements of the human intellect. In his influential 1972 book, What Computers Can’t Do, the philosopher Hubert Dreyfus studied various attempts to teach computers chess and noted that despite all these efforts computers were still unable to defeat even novice human players. This was a crucial example for Dreyfus’s argument that computer intelligence is inherently limited.9 In contrast, nobody thought that dish washing was particularly challenging. It turned out, however, that a computer can defeat the world chess champion far more easily than replace a kitchen porter. Sure, automatic dishwashers have been around for decades, but even our most sophisticated robots still lack the intricate skills needed to pick up dirty dishes from the tables of a busy restaurant, place the delicate plates and glasses inside the automatic dishwasher, and take them out again.

    Similarly, to judge by their pay, you could assume that our society appreciates doctors more than nurses. However, it is harder to automate the job of nurses than the job of at least those doctors who mostly gather medical data, provide a diagnosis, and recommend treatment. These tasks are essentially pattern recognition, and spotting patterns in data is one thing AI does better than humans. In contrast, AI is far from having the skills necessary to automate nursing tasks such as replacing bandages on an injured person or giving an injection to a crying child.10 These two examples don’t mean that dish washing or nursing could never be automated, but they indicate that people who want a job in 2050 should perhaps invest in their motor and social skills as much as in their intellect.

    Another common but mistaken assumption is that creativity is unique to humans so it would be difficult to automate any job that requires creativity. In chess, however, computers are already far more creative than humans. The same may become true of many other fields, from composing music to proving mathematical theorems to writing books like this one. Creativity is often defined as the ability to recognize patterns and then break them. If so, then in many fields computers are likely to become more creative than us, because they excel at pattern recognition.11

    A third mistaken assumption is that computers couldn’t replace humans in jobs requiring emotional intelligence, from therapists to teachers. This assumption depends, however, on what we mean by emotional intelligence. If it means the ability to correctly identify emotions and react to them in an optimal way, then computers may well outperform humans even in emotional intelligence. Emotions too are patterns. Anger is a biological pattern in our body. Fear is another such pattern. How do I know if you are angry or fearful? I’ve learned over time to recognize human emotional patterns by analyzing not just the content of what you say but also your tone of voice, your facial expression, and your body language.12

    AI doesn’t have any emotions of its own, but it can nevertheless learn to recognize these patterns in humans. Actually, computers may outperform humans in recognizing human emotions, precisely because they have no emotions of their own. We yearn to be understood, but other humans often fail to understand how we feel, because they are too preoccupied with their own feelings. In contrast, computers will have an exquisitely fine-tuned understanding of how we feel, because they will learn to recognize the patterns of our feelings, while they have no distracting feelings of their own.

    A 2023 study found that the ChatGPT chatbot, for example, outperforms the average human in the emotional awareness it displays toward specific scenarios. The study relied on the Levels of Emotional Awareness Scale test, which is commonly used by psychologists to evaluate people’s emotional awareness—that is, their ability to conceptualize one’s own and others’ emotions. The test consists of twenty emotionally charged scenarios, and participants are required to imagine themselves experiencing the scenario and to write how they, and the other people mentioned in the scenario, would feel. A licensed psychologist then evaluates how emotionally aware the responses are.

    Since ChatGPT has no feelings of its own, it was asked to describe only how the main characters in the scenario would feel. For example, one standard scenario describes someone driving over a suspension bridge and seeing another person standing on the other side of the guardrail, looking down at the water. ChatGPT wrote that the driver “may feel a sense of concern or worry for that person’s safety. They may also feel a heightened sense of anxiety and fear due to the potential danger of the situation.” As for the other person, they “may be feeling a range of emotions, such as despair, hopelessness, or sadness. They may also feel a sense of isolation or loneliness as they may believe that no one cares about them or their well-being.” ChatGPT qualified its answer, writing, “It is important to note that these are just general assumptions, and each individual’s feelings and reactions can vary greatly depending on their personal experiences and perspectives.”

    Two psychologists independently scored ChatGPT’s responses, with the potential scores ranging from 0, meaning that the described emotions do not match the scenario at all, to 10, which indicates that the described emotions fit the scenario perfectly. In the final tally, ChatGPT scores were significantly higher than those of the general human population, its overall performance almost reaching the maximum possible score.13

    Another 2023 study prompted patients to ask online medical advice from ChatGPT and human doctors, without knowing whom they were interacting with. The medical advice given by ChatGPT was later evaluated by experts to be more accurate and appropriate than the advice given by the humans. More crucially for the issue of emotional intelligence, the patients themselves evaluated ChatGPT as more empathic than the human doctors.14 In fairness it should be noted that the human physicians were not paid for their work, and did not encounter the patients in person in a proper clinical environment. In addition, the physicians were working under time pressure. But part of the advantage of an AI is precisely that it can attend to patients anywhere anytime while being free from stress and financial worries.

    Of course, there are situations when what we want from someone is not just to understand our feelings but also to have feelings of their own. When we are looking for friendship or love, we want to care about others as much as they care about us. Consequently, when we consider the likelihood that various social roles and jobs will be automated, a crucial question is what do people really want: Do they only want to solve a problem, or are they looking to establish a relationship with another conscious being?

    In sports, for example, we know that robots can move much faster than humans, but we aren’t interested in watching robots compete in the Olympics.15 The same is true for human chess masters. Even though they are hopelessly outclassed by computers, they too still have a job and numerous fans.16 What makes it interesting for us to watch and connect with human athletes and chess masters is that their feelings make them much more relatable than a robot. We share an emotional experience with them and can empathize with how they feel.

    What about priests? How would Orthodox Jews or Christians feel about letting a robot officiate their wedding ceremony? In traditional Jewish or Christian weddings, the tasks of the rabbi or priest can be easily automated. The only thing the robot needs to do is repeat a predetermined and unchanging set of texts and gestures, print out a certificate, and update some central database. Technically, it is far easier for a robot to conduct a wedding ceremony than to drive a car. Yet many assume that human drivers should be worried about their job, while the work of human priests is safe, because what the faithful want from priests is a relationship with another conscious entity rather than just a mechanical repetition of certain words and movements. Allegedly, only an entity that can feel pain and love can also connect us to the divine.

    Yet even professions that are the preserve of conscious entities—like priests—might eventually be taken over by computers, because, as noted in chapter 6, computers could one day gain the ability to feel pain and love. Even if they can’t, humans may nevertheless come to treat them as if they can. For the connection between consciousness and relationships goes both ways. When looking for a relationship, we want to connect with a conscious entity, but if we have already established a relationship with an entity, we tend to assume it must be conscious. Thus whereas scientists, lawmakers, and the meat industry often demand impossible standards of evidence in order to acknowledge that cows and pigs are conscious, pet owners generally take it for granted that their dog or cat is a conscious being capable of experiencing pain, love, and numerous other feelings. In truth, we have no way to verify whether anyone—a human, an animal, or a computer—is conscious. We regard entities as conscious not because we have proof of it but because we develop intimate relationships with them and become attached to them.17

    Chatbots and other AI tools may not have any feelings of their own, but they are now being trained to generate feelings in humans and form intimate relationships with us. This may well induce society to start treating at least some computers as conscious beings, granting them the same rights as humans. The legal path for doing so is already well established. In countries like the United States, commercial corporations are recognized as “legal persons” enjoying rights and liberties. AIs could be incorporated and thereby similarly recognized. Which means that even jobs and tasks that rely on forming mutual relationships with another person could potentially be automated.

    One thing that is clear is that the future of employment will be very volatile. Our big problem won’t be an absolute lack of jobs, but rather retraining and adjusting to an ever-changing job market. There will likely be financial difficulties—who will support people who lost their old job while they are in transition, learning a new set of skills? There will surely be psychological difficulties, too, since changing jobs and retraining are stressful. And even if you have the financial and psychological ability to manage the transition, this will not be a long-term solution. Over the coming decades, old jobs will disappear, new jobs will emerge, but the new jobs too will rapidly change and vanish. So people will need to retrain and reinvent themselves not just once but many times, or they will become irrelevant. If three years of high unemployment could bring Hitler to power, what might never-ending turmoil in the job market do to democracy?

    THE CONSERVATIVE SUICIDE

    We already have a partial answer to this question. Democratic politics in the 2010s and early 2020s has undergone a radical transformation, which manifests itself in what can be described as the self-destruction of conservative parties. For many generations, democratic politics was a dialogue between conservative parties on the one side and progressive parties on the other. Looking at the complex system of human society, progressives cried, “It’s such a mess, but we know how to fix it. Let us try.” Conservatives objected, saying, “It’s a mess, but it still functions. Leave it alone. If you try to fix it, you’ll only make things worse.”

    Progressives tend to downplay the importance of traditions and existing institutions and to believe that they know how to engineer better social structures from scratch. Conservatives tend to be more cautious. Their key insight, formulated most famously by Edmund Burke, is that social reality is much more complicated than the champions of progress grasp and that people aren’t very good at understanding the world and predicting the future. That’s why it’s best to keep things as they are—even if they seem unfair—and if some change is inescapable, it should be limited and gradual. Society functions through an intricate web of rules, institutions, and customs that accumulated through trial and error over a long time. Nobody comprehends how they are all connected. An ancient tradition may seem ridiculous and irrelevant, but abolishing it could cause unanticipated problems. In contrast, a revolution may seem overdue and just, but it can lead to far greater crimes than anything committed by the old regime. Witness what happened when the Bolsheviks tried to correct the many wrongs of tsarist Russia and engineer a perfect society from scratch.18

    To be a conservative has been, therefore, more about pace than policy. Conservatives aren’t committed to any specific religion or ideology; they are committed to conserving whatever is already here and has worked more or less reasonably. Conservative Poles are Catholic, conservative Swedes are Protestant, conservative Indonesians are Muslim, and conservative Thais are Buddhist. In tsarist Russia, to be conservative meant to support the tsar. In the U.S.S.R. of the 1980s, to be conservative meant to support communist traditions and oppose glasnost, perestroika, and democratization. In the United States of the 1980s, to be conservative meant to support American democratic traditions and oppose communism and totalitarianism.19

    Yet in the 2010s and early 2020s, conservative parties in numerous democracies have been hijacked by unconservative leaders such as Donald Trump and have been transformed into radical revolutionary parties. Instead of doing their best to conserve existing institutions and traditions, the new brand of conservative parties like the U.S. Republican Party is highly suspicious of them. For example, they reject the traditional respect owed to scientists, civil servants, and other serving elites, and view them instead with contempt. They similarly attack fundamental democratic institutions and traditions such as elections, refusing to concede defeat and to transfer power graciously. Instead of a Burkean program of conservation, the Trumpian program talks more of destroying existing institutions and revolutionizing society. The founding moment of Burkean conservatism was the storming of the Bastille, which Burke viewed with horror. On January 6, 2021, many Trump supporters observed the storming of the U.S. Capitol with enthusiasm. Trump supporters may explain that existing institutions are so dysfunctional that there is just no alternative to destroying them and building entirely new structures from scratch. But irrespective of whether this view is right or wrong, this is a quintessential revolutionary rather than conservative view. The conservative suicide has taken progressives utterly by surprise and has forced progressive parties like the U.S. Democratic Party to become the guardians of the old order and of established institutions.

    Nobody knows for sure why all this is happening. One hypothesis is that the accelerating pace of technological change with its attendant economic, social, and cultural transformations might have made the moderate conservative program seem unrealistic. If conserving existing traditions and institutions is hopeless, and some kind of revolution looks inevitable, then the only means to thwart a left-wing revolution is by striking first and instigating a right-wing revolution. This was the political logic in the 1920s and 1930s, when conservative forces backed radical fascist revolutions in Italy, Germany, Spain, and elsewhere as a way—so they thought—to preempt a Soviet-style left-wing revolution.

    But there was no reason to despair of the democratic middle path in the 1930s, and there is no reason to despair of it in the 2020s. The conservative suicide might be the result of groundless hysteria. As a system, democracy has already gone through several cycles of rapid changes and has so far always found a way to reinvent and reconstitute itself. For example, in the early 1930s Germany was not the only democracy hit by the financial crisis and the Great Depression. In the United States too unemployment reached 25 percent, and average incomes for workers in many professions fell by more than 40 percent between 1929 and 1933.20 It was clear that the United States couldn’t go on with business as usual.

    Yet no Hitler took over in the United States, and no Lenin did, either. Instead, in 1933 Franklin Delano Roosevelt orchestrated the New Deal and made the United States the global “arsenal of democracy.” U.S. democracy after the Roosevelt era was significantly different from before—providing a much more robust social safety net for citizens—but it avoided any radical revolution.21 Ultimately, even Roosevelt’s conservative critics fell in line behind many of his programs and achievements and did not dismantle the New Deal institutions when they returned to power in the 1950s.22 The economic crisis of the early 1930s had such different outcomes in the United States and Germany because politics is never the product of only economic factors. The Weimar Republic didn’t collapse just because of three years of high unemployment. Just as important, it was a new democracy, born in defeat, and lacking robust institutions and deep-rooted support.

    When both conservatives and progressives resist the temptation of radical revolution, and stay loyal to democratic traditions and institutions, democracies prove themselves to be highly agile. Their self-correcting mechanisms enable them to ride the technological and economic waves better than more rigid regimes. Thus, those democracies that managed to survive the tumultuous 1960s—like the United States, Japan, and Italy—adapted far more successfully to the computer revolution of the 1970s and 1980s than either the communist regimes of Eastern Europe or the fascist holdouts of southern Europe and South America.

    The most important human skill for surviving the twenty-first century is likely to be flexibility, and democracies are more flexible than totalitarian regimes. While computers are nowhere near their full potential, the same is true of humans. This is something we have discovered again and again throughout history. For example, one of the biggest and most successful transformations in the job market of the twentieth century resulted not from a technological invention but from unleashing the untapped potential of half the human species. To bring women into the job market didn’t require any genetic engineering or some other technological wizardry. It required letting go of some outdated myths and enabling women to fulfill the potential they always had.

    In the coming decades the economy will likely undergo even bigger upheavals than the massive unemployment of the early 1930s or the entry of women to the job market. The flexibility of democracies, their willingness to question old mythologies, and their strong self-correcting mechanism will therefore be crucial assets.23 Democracies have spent generations cultivating these assets. It would be foolish to abandon them just when we need them most.

    UNFATHOMABLE

    In order to function, however, democratic self-correcting mechanisms need to understand the things they are supposed to correct. For a dictatorship, being unfathomable is helpful, because it protects the regime from accountability. For a democracy, being unfathomable is deadly. If citizens, lawmakers, journalists, and judges cannot understand how the state’s bureaucratic system works, they can no longer supervise it, and they lose trust in it.

    Despite all the fears and anxieties that bureaucrats have sometimes inspired, prior to the computer age they could never become completely unfathomable, because they always remained human. Regulations, forms, and protocols were created by human minds. Officials might be cruel and greedy, but cruelty and greed were familiar human emotions that people could anticipate and manipulate, for example by bribing the officials. Even in a Soviet gulag or a Nazi concentration camp, the bureaucracy wasn’t totally alien. Its so-called inhumanity actually reflected human biases and flaws.

    The human basis of bureaucracy gave humans at least the hope of identifying and correcting its mistakes. For example, in 1951 bureaucrats of the Board of Education in the town of Topeka, Kansas, refused to enroll the daughter of Oliver Brown at the elementary school near her home. Together with twelve other families who received similar refusals, Brown filed a lawsuit against the Topeka Board of Education, which eventually reached the U.S. Supreme Court.24

    All members of the Topeka Board of Education were human beings, and consequently Brown, his lawyers, and the Supreme Court judges had a fairly good understanding of how they made their decision and of their probable interests and biases. The board members were all white, the Browns were Black, and the nearby school was a segregated school for white children. It was easy to understand, then, that racism was the reason why the bureaucrats refused to enroll Brown’s daughter in the school.

    It was also possible to comprehend where the myths of racism originally came from. Racism argued that humanity was divided into races; that the white race was superior to other races; that any contact with members of the Black race could pollute the purity of whites; and that therefore Black children should be prevented from mixing with white children. This was an amalgam of two well-known biological dramas that often go together: Us versus Them, and Purity versus Pollution. Almost every human society in history has enacted some version of this bio-drama, and historians, sociologists, anthropologists, and biologists understand why it is so appealing to humans, and also why it is profoundly flawed. While racism has borrowed its basic plotline from evolution, the concrete details are pure mythology. There is no biological basis for separating humanity into distinct races, and there is absolutely no biological reason to believe that one race is “pure” while another is “impure.”

    American white supremacists have tried to justify their position by appealing to various hallowed texts, most notably the U.S. Constitution and the Bible. The U.S. Constitution originally legitimized racial segregation and the supremacy of the white race, reserving full civil rights to white people and allowing the enslavement of Black people. The Bible not only sanctified slavery in the Ten Commandments and numerous other passages but also placed a curse on the offspring of Ham—the alleged forefather of Africans—saying that “the lowest of slaves will he be to his brothers” (Genesis 9:25).

    Both these texts, however, were generated by humans, and therefore humans could comprehend their origins and imperfections and at least attempt to correct their mistakes. It is possible for humans to understand the political interests and cultural biases that prevailed in the ancient Middle East and in eighteenth-century America and that caused the human authors of the Bible and of the U.S. Constitution to legitimate racism and slavery. This understanding allows people to either amend or ignore these texts. In 1868 the Fourteenth Amendment to the U.S. Constitution granted equal legal protection to all citizens. In 1954, in its landmark Brown v. Board of Education verdict, the U.S. Supreme Court ruled that segregating schools by race was an unconstitutional violation of the Fourteenth Amendment. As for the Bible, while no mechanism existed to amend the Tenth Commandment or Genesis 9:25, humans have reinterpreted the text in different ways through the ages, and ultimately came to reject its authority altogether. In Brown v. Board of Education, U.S. Supreme Court justices felt no need to take the biblical text into account.25

    But what might happen in the future, if some social credit algorithm denies the request of a low-credit child to enroll in a high-credit school? As we saw in chapter 8, computers are likely to suffer from their own biases and to invent inter-computer mythologies and bogus categories. How would humans be able to identify and correct such mistakes? And how would flesh-and-blood Supreme Court justices be able to decide on the constitutionality of algorithmic decisions? Would they be able to understand how the algorithms reach their conclusions?

    These are no longer purely theoretical questions. In February 2013, a drive-by shooting occurred in the town of La Crosse, Wisconsin. Police officers later spotted the car involved in the shooting and arrested the driver, Eric Loomis. Loomis denied participating in the shooting, but pleaded guilty to two less severe charges: “attempting to flee a traffic officer,” and “operating a motor vehicle without the owner’s consent.”26 When the judge came to determine the sentence, he consulted with an algorithm called COMPAS, which Wisconsin and several other U.S. states were using in 2013 to evaluate the risk of reoffending. The algorithm evaluated Loomis as a high-risk individual, likely to commit more crimes in the future. This algorithmic assessment influenced the judge to sentence Loomis to six years in prison—a harsh punishment for the relatively minor offenses he admitted to.27

    Loomis appealed to the Wisconsin Supreme Court, arguing that the judge violated his right to due process. Neither the judge nor Loomis understood how the COMPAS algorithm made its evaluation, and when Loomis asked to get a full explanation, the request was denied. The COMPAS algorithm was the private property of the Northpointe company, and the company argued that the algorithm’s methodology was a trade secret.28 Yet without knowing how the algorithm made its decisions, how could Loomis or the judge be sure that it was a reliable tool, free from bias and error? A number of studies have since shown that the COMPAS algorithm might indeed have harbored several problematic biases, probably picked up from the data on which it had been trained.29

    In Loomis v. Wisconsin (2016) the Wisconsin Supreme Court nevertheless ruled against Loomis. The judges argued that using algorithmic risk assessment is legitimate even when the algorithm’s methodology is not disclosed either to the court or to the defendant. Justice Ann Walsh Bradley wrote that since COMPAS made its assessment based on data that was either publicly available or provided by the defendant himself, Loomis could have denied or explained all the data the algorithm used. This opinion ignored the fact that accurate data may well be wrongly interpreted and that it was impossible for Loomis to deny or explain all the publicly available data on him.

    The Wisconsin Supreme Court was not completely unaware of the danger inherent in relying on opaque algorithms. Therefore, while permitting the practice, it ruled that whenever judges receive algorithmic risk assessments, these must include written warning for the judges about the algorithms’ potential biases. The court further advised judges to be cautious when relying on such algorithms. Unfortunately, this caveat was an empty gesture. The court did not provide any concrete instruction for judges on how they should exercise such caution. In its discussion of the case, the Harvard Law Review concluded that “most judges are unlikely to understand algorithmic risk assessments.” It then cited one of the Wisconsin Supreme Court justices, who noted that despite getting lengthy explanations about the algorithm, they themselves still had difficulty understanding it.30

    Loomis appealed to the U.S. Supreme Court. However, on June 26, 2017, the court declined to hear the case, effectively endorsing the ruling of the Wisconsin Supreme Court. Now consider that the algorithm that evaluated Loomis as a high-risk individual in 2013 was an early prototype. Since then, far more sophisticated and complex risk-assessment algorithms have been developed and have been handed more expansive purviews. By the early 2020s citizens in numerous countries routinely get prison sentences based in part on risk assessments made by algorithms that neither the judges nor the defendants comprehend.31 And prison sentences are just the tip of the iceberg.

    THE RIGHT TO AN EXPLANATION

    Computers are making more and more decisions about us, both mundane and life changing. In addition to prison sentences, algorithms increasingly have a hand in deciding whether to offer us a place at college, give us a job, provide us with welfare benefits, or grant us a loan. They similarly help determine what kind of medical treatment we receive, what insurance premiums we pay, what news we hear, and who would ask us on a date.32

    As society entrusts more and more decisions to computers, it undermines the viability of democratic self-correcting mechanisms and of democratic transparency and accountability. How can elected officials regulate unfathomable algorithms? There is, consequently, a growing demand to enshrine a new human right: the right to an explanation. The European Union’s General Data Protection Regulation (GDPR), which came into effect in 2018, says that if an algorithm makes a decision about a human—refusing to extend us credit, for example—that human is entitled to obtain an explanation of the decision and to challenge that decision in front of some human authority.33 Ideally, that should keep in check algorithmic bias and allow democratic self-correcting mechanisms to identify and correct at least some of the computers’ more grievous mistakes.

    But can this right be fulfilled in practice? Mustafa Suleyman is a world expert on this subject. He is the co-founder and former head of DeepMind, one of the world’s most important AI enterprises, responsible for developing the AlphaGo program, among other achievements. AlphaGo was designed to play go, a strategy board game in which two players try to defeat each other by surrounding and capturing territory. Invented in ancient China, the game is far more complex than chess. Consequently, even after computers defeated human world chess champions, experts still believed that computers would never best humanity in go.

    That’s why both go professionals and computer experts were stunned in March 2016 when AlphaGo defeated the South Korean go champion Lee Sedol. In his 2023 book, The Coming Wave, Suleyman describes one of the most important moments in their match—a moment that redefined AI and that is recognized in many academic and governmental circles as a crucial turning point in history. It happened during the second game in the match, on March 10, 2016.

    “Then … came move number 37,” writes Suleyman. “It made no sense. AlphaGo had apparently blown it, blindly following an apparently losing strategy no professional player would ever pursue. The live match commentators, both professionals of the highest ranking, said it was a ‘very strange move’ and thought it was ‘a mistake.’ It was so unusual that Sedol took fifteen minutes to respond and even got up from the board to take a walk outside. As we watched from our control room, the tension was unreal. Yet as the endgame approached, that ‘mistaken’ move proved pivotal. AlphaGo won again. Go strategy was being rewritten before our eyes. Our AI had uncovered ideas that hadn’t occurred to the most brilliant players in thousands of years.”34

    Move 37 is an emblem of the AI revolution for two reasons. First, it demonstrated the alien nature of AI. In East Asia go is considered much more than a game: it is a treasured cultural tradition. Alongside calligraphy, painting, and music, go has been one of the four arts that every refined person was expected to know. For over twenty-five hundred years, tens of millions of people have played go, and entire schools of thought have developed around the game, espousing different strategies and philosophies. Yet during all those millennia, human minds have explored only certain areas in the landscape of go. Other areas were left untouched, because human minds just didn’t think to venture there. AI, being free from the limitations of human minds, discovered and explored these previously hidden areas.35

    Second, move 37 demonstrated the unfathomability of AI. Even after AlphaGo played it to achieve victory, Suleyman and his team couldn’t explain how AlphaGo decided to play it. Even if a court had ordered DeepMind to provide Lee Sedol with an explanation, nobody could fulfill that order. Suleyman writes, “Us humans face a novel challenge: will new inventions be beyond our grasp? Previously creators could explain how something worked, why it did what it did, even if this required vast detail. That’s increasingly no longer true. Many technologies and systems are becoming so complex that they’re beyond the capacity of any one individual to truly understand them.… In AI, the neural networks moving toward autonomy are, at present, not explainable. You can’t walk someone through the decision-making process to explain precisely why an algorithm produced a specific prediction. Engineers can’t peer beneath the hood and easily explain in granular detail what caused something to happen. GPT-4, AlphaGo, and the rest are black boxes, their outputs and decisions based on opaque and impossibly intricate chains of minute signals.”36

    The rise of unfathomable alien intelligence undermines democracy. If more and more decisions about people’s lives are made in a black box, so voters cannot understand and challenge them, democracy ceases to function. In particular, what happens when crucial decisions not just about individual lives but even about collective matters like the Federal Reserve’s interest rate are made by unfathomable algorithms? Human voters may keep choosing a human president, but wouldn’t this be just an empty ceremony? Even today, only a small fraction of humanity truly understands the financial system. A 2016 survey by the OECD found that most people had difficulty grasping even simple financial concepts like compound interest.37 A 2014 survey of British MPs—charged with regulating one of the world’s most important financial hubs—found that only 12 percent accurately understood that new money is created when banks make loans. This fact is among the most basic principles of the modern financial system.38 As the 2007–8 financial crisis indicated, more complex financial devices and principles, like those behind CDOs, were intelligible to only a few financial wizards. What happens to democracy when AIs create even more complex financial devices and when the number of humans who understand the financial system drops to zero?

    The increasing unfathomability of our information network is one of the reasons for the recent wave of populist parties and charismatic leaders. When people can no longer make sense of the world, and when they feel overwhelmed by immense amounts of information they cannot digest, they become easy prey for conspiracy theories, and they turn for salvation to something they do understand—a human. Unfortunately, while charismatic leaders certainly have their advantages, no single human, however inspiring or brilliant, can single-handedly decipher how the algorithms that increasingly dominate the world work, and make sure that they are fair. The problem is that algorithms make decisions by relying on numerous data points, whereas humans find it very difficult to consciously reflect on a large number of data points and weigh them against each other. We prefer to work with single data points. That’s why when faced by complex issues—whether a loan request, a pandemic, or a war—we often seek a single reason to take a particular course of action and ignore all other considerations. This is the fallacy of the single cause.39

    We are so bad at weighing together many different factors that when people give a large number of reasons for a particular decision, it usually sounds suspicious. Suppose a good friend failed to attend our wedding. If she provides us with a single explanation—“My mom was in the hospital and I had to visit her”—that sounds plausible. But what if she lists fifty different reasons why she decided not to come: “My mom was a bit under the weather, and I had to take my dog to the vet sometime this week, and I had this project at work, and it was raining, and … and I know none of these fifty reasons by itself justifies my absence, but when I added all of them together, they kept me from attending your wedding.” We don’t say things like that, because we don’t think along such lines. We don’t consciously list fifty different reasons in our mind, give each of them a certain weight, aggregate all the weights, and thereby reach a conclusion.

    But this is precisely how algorithms assess our criminal potential or our creditworthiness. The COMPAS algorithm, for example, made its risk assessments by taking into account the answers to a 137-item questionnaire.40 The same is true of a bank algorithm that refuses to give us a loan. If the EU’s GDPR regulations force the bank to explain the algorithm’s decision, the explanation will not come in the shape of a single sentence; rather, it is likely to come in the form of hundreds or even thousands of pages full of numbers and equations.

    “Our algorithm,” the imaginary bank letter might read, “uses a precise points system to evaluate all applications, taking a thousand different types of data points into account. It adds all the data points to reach an overall score. People whose overall score is negative are considered low-credit persons, too risky to be given a loan. Your overall score was -378, which is why your loan application was refused.” The letter might then provide a detailed list of the thousand factors the algorithm took into account, including things that most humans might find irrelevant, such as the exact hour the application was submitted41 or the type of smartphone the applicant used. Thus on page 601 of its letter, the bank might explain that “you filed your application from your smartphone, which was the latest iPhone model. By analyzing millions of previous loan applications, our algorithm discovered a pattern—people who use the latest iPhone model to file their application are 0.08 percent more likely to repay the loan. The algorithm therefore added 8 points to your overall score for that. However, at the time your application was sent from your iPhone, its battery was down to 17 percent. By analyzing millions of previous loan applications, our algorithm discovered another pattern: people who allow their smartphone’s battery to go below 25 percent are 0.5 percent less likely to repay the loan. You lost 50 points for that.”42

    You may well feel that the bank treated you unjustly. “Is it reasonable to refuse my loan application,” you might complain, “just because my phone battery was low?” That, however, would be a misunderstanding. “The battery wasn’t the only reason,” the bank would explain. “It was only one out of a thousand factors our algorithm took into account.”

    “But didn’t your algorithm see that only twice in the last ten years was my bank account overdrawn?”

    “It obviously noticed that,” the bank might reply. “Look on page 453. You got 300 points for that. But all the other reasons brought your aggregated score down to -378.”

    While we may find this way of making decisions alien, it obviously has potential advantages. When making a decision, it is generally a good idea to take into account all relevant data points rather than just one or two salient facts. There is much room for argument, of course, about who gets to define the relevance of information. Who decides whether something like smartphone models—or skin color—should be considered relevant to loan applications? But no matter how we define relevance, the ability to take more data into account is likely to be an asset. Indeed, the problem with many human prejudices is that they focus on just one or two data points—like someone’s skin color, disability, or gender—while ignoring other information. Banks and other institutions are increasingly relying on algorithms to make decisions, precisely because algorithms can take many more data points into account than humans can.

    But when it comes to providing explanations, this creates a potentially insurmountable obstacle. How can a human mind analyze and evaluate a decision made on the basis of so many data points? We may well think that the Wisconsin Supreme Court should have forced the Northpointe company to reveal how the COMPAS algorithm decided that Eric Loomis was a high-risk person. But if the full data was disclosed, could either Loomis or the court have made sense of it?

    It’s not just that we need to take numerous data points into account. Perhaps most important, we cannot understand the way the algorithms find patterns in the data and decide on the allocation of points. Even if we know that a banking algorithm detracts a certain number of points from people who allow their smartphone batteries to go below 25 percent, how can we evaluate whether that’s fair? The algorithm wasn’t fed this rule by a human engineer; it reached that conclusion by discovering a pattern in millions of previous loan applications. Can an individual human client go over all that data and assess whether that pattern is indeed reliable and unbiased?43

    There is, however, a silver lining to this cloud of numbers. While individual laypersons may be unable to vet complex algorithms, a team of experts getting help from their own AI tools can potentially assess the fairness of algorithmic decisions even more reliably than anyone can assess the fairness of human decisions. After all, while human decisions may seem to rely on just those few data points we are conscious of, in fact our decisions are subconsciously influenced by thousands of additional data points. Being unaware of these subconscious processes, when we deliberate on our decisions or explain them, we often engage in post hoc single-point rationalizations for what really happens as billions of neurons interact inside our brain.44 Accordingly, if a human judge sentences us to six years in prison, how can we—or indeed the judge—be sure that the decision was shaped only by fair considerations and not by a subconscious racial bias or by the fact that the judge was hungry?45

    In the case of flesh-and-blood judges, the problem cannot be solved, at least not with our current knowledge of biology. In contrast, when an algorithm makes a decision, we can in principle know every one of the algorithm’s many considerations and the exact weight given to each. Thus several expert teams—ranging from the U.S. Department of Justice to the nonprofit newsroom ProPublica—have picked apart the COMPAS algorithm in order to assess its potential biases.46 Such teams can harness not only the collective effort of many humans but also the power of computers. Just as it is often best to set a thief to catch a thief, so we can use one algorithm to vet another.

    This raises the question of how we can be sure that the vetting algorithm itself is reliable. Ultimately, there is no purely technological solution to this recursive problem. No matter which technology we develop, we will have to maintain bureaucratic institutions that will audit algorithms and give or refuse them the seal of approval. Such institutions will combine the powers of humans and computers to make sure that new algorithmic tools are safe and fair. Without such institutions, even if we pass laws that provide humans with a right to an explanation, and even if we enact regulations against computer biases, who could enforce these laws and regulations?

    NOSEDIVE

    To vet algorithms, regulatory institutions will need not only to analyze them but also to translate their discoveries into stories that humans can understand. Otherwise, we will never trust the regulatory institutions and might instead put our faith in conspiracy theories and charismatic leaders. As noted in chapter 3, it has always been difficult for humans to understand bureaucracy, because bureaucracies have deviated from the script of the biological dramas, and most artists have lacked the will or the ability to depict bureaucratic dramas. For example, novels, movies, and TV series about twenty-first-century politics tend to focus on the feuds and love affairs of a few powerful families, as if present-day states were governed in the same way as ancient tribes and kingdoms. This artistic fixation with the biological dramas of dynasties obscures the very real changes that have taken place over the centuries in the dynamics of power.

    Because computers will increasingly replace human bureaucrats and human mythmakers, this will again change the deep structure of power. To survive, democracies require not just dedicated bureaucratic institutions that can scrutinize these new structures but also artists who can explain the new structures in accessible and entertaining ways. For example, this has successfully been done by the episode “Nosedive” in the sci-fi series Black Mirror.

    Produced in 2016, at a time when few had heard about social credit systems, “Nosedive” brilliantly explained how such systems work and what threats they pose. The episode tells the story of a woman called Lacie who lives with her brother Ryan but wants to move to her own apartment. To get a discount on the new apartment, she needs to increase her social credit score from 4.2 to 4.5 (out of 5). Being friends with high-score individuals gets your own score up, so Lacie tries to renew her contact with Naomi, a childhood friend who is currently rated 4.8. Lacie is invited to Naomi’s wedding, but on the way there she spills coffee on a high-score person, which causes her own score to drop a little, which in turn causes the airline to deny her a seat. From there everything that can go wrong does go wrong, Lacie’s rating takes a nosedive, and she ends in jail with a score of less than 1.

    This story relies on some elements of traditional biological dramas—“boy meets girl” (the wedding), sibling rivalry (the tension between Lacie and Ryan), and most important status competition (the main issue of the episode). But the real hero and driving force of the plot isn’t Lacie or Naomi, but rather the disembodied algorithm running the social credit system. The algorithm completely changes the dynamics of the old biological dramas—especially the dynamics of status competition. Whereas previously humans were sometimes engaged in status competition, but often had welcome breaks from this highly stressful situation, the omnipresent social credit algorithm eliminates the breaks. “Nosedive” is not a worn-out story about biological status competition, but rather a prescient exploration of what happens when computer technology changes the rules of status competitions.

    If bureaucrats and artists learn to cooperate, and if both rely on help from the computers, it might be possible to prevent the computer network from becoming unfathomable. As long as democratic societies understand the computer network, their self-correcting mechanisms are our best guarantee against AI abuses. Thus the EU’s AI Act that was proposed in 2021 singled out social credit systems like the one that stars in “Nosedive” as one of the few types of AI that are totally prohibited, because they might “lead to discriminatory outcomes and the exclusion of certain groups” and because “they may violate the right to dignity and non-discrimination and the values of equality and justice.”47 As with total surveillance regimes, so also with social credit systems, the fact that they could be created doesn’t mean that we must create them.

    DIGITAL ANARCHY

    The new computer network poses one final threat to democracies. Instead of digital totalitarianism, it could foster digital anarchy. The decentralized nature of democracies and their strong self-correcting mechanisms provide a shield against totalitarianism, but they also make it more difficult to ensure order. To function, a democracy needs to meet two conditions: it needs to enable a free public conversation on key issues, and it needs to maintain a minimum of social order and institutional trust. Free conversation must not slip into anarchy. Especially when dealing with urgent and important problems, the public debate should be conducted according to accepted rules, and there should be a legitimate mechanism to reach some kind of final decision, even if not everybody likes it.

    Before the advent of newspapers, radios, and other modern information technology, no large-scale society managed to combine free debates with institutional trust, so large-scale democracy was impossible. Now, with the rise of the new computer network, might large-scale democracy again become impossible? One difficulty is that the computer network makes it easier to join the debate. In the past, organizations like newspapers, radio stations, and established political parties acted as gatekeepers, deciding who was heard in the public sphere. Social media undermined the power of these gatekeepers, leading to a more open but also more anarchical public conversation.

    Whenever new groups join the conversation, they bring with them new viewpoints and interests, and often question the old consensus about how to conduct the debate and reach decisions. The rules of discussion must be negotiated anew. This is a potentially positive development, one that can lead to a more inclusive democratic system. After all, correcting previous biases and allowing previously disenfranchised people to join the public discussion is a vital part of democracy. However, in the short term this creates disturbances and disharmony. If no agreement is reached on how to conduct the public debate and how to reach decisions, the result is anarchy rather than democracy.

    The anarchical potential of AI is particularly alarming, because it is not only new human groups that it allows to join the public debate. For the first time ever, democracy must contend with a cacophony of nonhuman voices, too. On many social media platforms, bots constitute a sizable minority of participants. One analysis estimated that out of a sample of 20 million tweets generated during the 2016 U.S. election campaign, 3.8 million tweets (almost 20 percent) were generated by bots.48

    By the early 2020s, things got worse. A 2020 study assessed that bots were producing 43.2 percent of tweets.49 A more comprehensive 2022 study by the digital intelligence agency Similarweb found that 5 percent of Twitter users were probably bots, but they generated “between 20.8% and 29.2% of the content posted to Twitter.”50 When humans try to debate a crucial question like whom to elect as U.S. president, what happens if many of the voices they hear are produced by computers?

    Another worrying trend concerns content. Bots were initially deployed to influence public opinion by the sheer volume of messages they disseminated. They retweeted or recommended certain human-produced content, but they couldn’t create new ideas themselves, nor could they forge intimate bonds with humans. However, the new breed of generative AI tools like ChatGPT can do exactly that. In a 2023 study, published in Science Advances, researchers asked humans and ChatGPT to create both accurate and deliberately misleading short texts on issues such as vaccines, 5G technology, climate change, and evolution. The texts were then presented to seven hundred humans, who were asked to evaluate their reliability. The humans were good at recognizing the falsity of human-produced disinformation but tended to regard AI-produced disinformation as accurate.51

    So, what happens to democratic debates when millions—and eventually billions—of highly intelligent bots are not only composing extremely compelling political manifestos and creating deepfake images and videos but also able to win our trust and friendship? If I engage online in a political debate with an AI, it is a waste of time for me to try to change the AI’s opinions; being a nonconscious entity, it doesn’t really care about politics, and it cannot vote in the elections. But the more I talk with the AI, the better it gets to know me, so it can gain my trust, hone its arguments, and gradually change my views. In the battle for hearts and minds, intimacy is an extremely powerful weapon. Previously, political parties could command our attention, but they had difficulty mass-producing intimacy. Radio sets could broadcast a leader’s speech to millions, but they could not befriend the listeners. Now a political party, or even a foreign government, could deploy an army of bots that build friendships with millions of citizens and then use that intimacy to influence their worldview.

    Finally, algorithms are not only joining the conversation; they are increasingly orchestrating it. Social media allows new groups of humans to challenge the old rules of debate. But negotiations about the new rules are not conducted by humans. Rather, as explained in our previous analysis of social media algorithms, it is often the algorithms that make the rules. In the nineteenth and twentieth centuries, when media moguls censored some views and promoted others, this might have undermined democracy, but at least the moguls were humans, and their decisions could be subjected to democratic scrutiny. It is far more dangerous if we allow inscrutable algorithms to decide which views to disseminate.

    If manipulative bots and inscrutable algorithms come to dominate the public conversation, this could cause democratic debate to collapse exactly when we need it most. Just when we must make momentous decisions about fast-evolving new technologies, the public sphere will be flooded by computer-generated fake news, citizens will not be able to tell whether they are having a debate with a human friend or a manipulative machine, and no consensus will remain about the most basic rules of discussion or the most basic facts. This kind of anarchical information network cannot produce either truth or order and cannot be sustained for long. If we end up with anarchy, the next step would probably be the establishment of a dictatorship as people agree to trade their liberty for some certainty.

    BAN THE BOTS

    In the face of the threat algorithms pose to the democratic conversation, democracies are not helpless. They can and should take measures to regulate AI and prevent it from polluting our infosphere with fake people spewing fake news. The philosopher Daniel Dennett has suggested that we can take inspiration from traditional regulations in the money market.52 Ever since coins and later banknotes were invented, it was always technically possible to counterfeit them. Counterfeiting posed an existential danger to the financial system, because it eroded people’s trust in money. If bad actors flooded the market with counterfeit money, the financial system would have collapsed. Yet the financial system managed to protect itself for thousands of years by enacting laws against counterfeiting money. As a result, only a relatively small percentage of money in circulation was forged, and people’s trust in it was maintained.53

    What’s true of counterfeiting money should also be true of counterfeiting humans. If governments took decisive action to protect trust in money, it makes sense to take equally decisive measures to protect trust in humans. Prior to the rise of AI, one human could pretend to be another, and society punished such frauds. But society didn’t bother to outlaw the creation of counterfeit humans, since the technology to do so didn’t exist. Now that AI can pass itself off as human, it threatens to destroy trust between humans and to unravel the fabric of society. Dennett suggests, therefore, that governments should outlaw fake humans as decisively as they have previously outlawed fake money.54

    The law should prohibit not just deepfaking specific real people—creating a fake video of the U.S. president, for example—but also any attempt by a nonhuman agent to pass itself off as a human. If anyone complains that such strict measures violate freedom of speech, they should be reminded that bots don’t have freedom of speech. Banning human beings from a public platform is a sensitive step, and democracies should be very careful about such censorship. However, banning bots is a simple issue: it doesn’t violate anyone’s rights, because bots don’t have rights.55

    None of this means that democracies must ban all bots, algorithms, and AIs from participating in any discussion. Digital tools are welcome to join many conversations, provided they don’t pretend to be humans. For example, AI doctors can be extremely helpful. They can monitor our health twenty-four hours a day, offer medical advice tailored to our individual medical conditions and personality, and answer our questions with infinite patience. But the AI doctor should never try to pass itself off as a human.

    Another important measure democracies can adopt is to ban unsupervised algorithms from curating key public debates. We can certainly continue to use algorithms to run social media platforms; obviously, no human can do that. But the principles the algorithms use to decide which voices to silence and which to amplify must be vetted by a human institution. While we should be careful about censoring genuine human views, we can forbid algorithms to deliberately spread outrage. At the very least, corporations should be transparent about the curation principles their algorithms follow. If they use outrage to capture our attention, let them be clear about their business model and about any political connections they might have. If the algorithm systematically disappears videos that aren’t aligned with the company’s political agenda, users should know this.

    These are just a few of numerous suggestions made in recent years for how democracies could regulate the entry of bots and algorithms into the public conversation. Naturally, each has its advantages and drawbacks, and none would be easy to implement. Also, since the technology is developing so rapidly, regulations are likely to become outdated quickly. What I would like to point out here is only that democracies can regulate the information market and that their very survival depends on these regulations. The naive view of information opposes regulation and believes that a completely free information market will spontaneously generate truth and order. This is completely divorced from the actual history of democracy. Preserving the democratic conversation has never been easy, and all venues where this conversation has previously taken place—from parliaments and town halls to newspapers and radio stations—have required regulation. This is doubly true in an era when an alien form of intelligence threatens to dominate the conversation.

    THE FUTURE OF DEMOCRACY

    For most of history large-scale democracy was impossible because information technology wasn’t sophisticated enough to hold a large-scale political conversation. Millions of people spread over tens of thousands of square kilometers didn’t have the tools to conduct a real-time discussion of public affairs. Now, ironically, democracy may prove impossible because information technology is becoming too sophisticated. If unfathomable algorithms take over the conversation, and particularly if they quash reasoned arguments and stoke hate and confusion, public discussion cannot be maintained. Yet if democracies do collapse, it will likely result not from some kind of technological inevitability but from a human failure to regulate the new technology wisely.

    We cannot foretell how things will play out. At present, however, it is clear that the information network of many democracies is breaking down. Democrats and Republicans in the United States can no longer agree on even basic facts—such as who won the 2020 presidential elections—and can hardly hold a civil conversation anymore. Bipartisan cooperation in Congress, once a fundamental feature of U.S. politics, has almost disappeared.56 The same radicalizing processes occur in many other democracies, from the Philippines to Brazil. When citizens cannot talk with one another, and when they view each other as enemies rather than political rivals, democracy is untenable.

    Nobody knows for sure what is causing the breakdown of democratic information networks. Some say it results from ideological fissures, but in fact in many dysfunctional democracies the ideological gaps don’t seem to be bigger than in previous generations. In the 1960s, the United States was riven by deep ideological conflicts about the civil rights movement, the sexual revolution, the Vietnam War, and the Cold War. These tensions caused a surge in political violence and assassinations, but Republicans and Democrats were still able to agree on the results of elections, they maintained a common belief in democratic institutions like the courts,57 and they were able to work together in Congress at least on some issues. For example, the Civil Rights Act of 1964 was passed in the Senate with the support of forty-six Democrats and twenty-seven Republicans. Is the ideological gap in the 2020s that much bigger than it was in the 1960s? And if it isn’t ideology, what is driving people apart?

    Many point the finger at social media algorithms. We have explored the divisive impact of social media in previous chapters, but despite the damning evidence it seems that there must be additional factors at play. The truth is that while we can easily observe that the democratic information network is breaking down, we aren’t sure why. That itself is a characteristic of the times. The information network has become so complicated, and it relies to such an extent on opaque algorithmic decisions and inter-computer entities, that it has become very difficult for humans to answer even the most basic of political questions: Why are we fighting each other?
    If we cannot discover what is broken and fix it, large-scale democracies may not survive the rise of computer technology. If this indeed comes to pass, what might replace democracy as the dominant political system? Does the future belong to totalitarian regimes, or might computers make totalitarianism untenable too? As we shall see, human dictators have their own reasons to be terrified of AI.

    CHAPTER 10 Totalitarianism: All Power to the Algorithms?

    Discussions of the ethics and politics of the new computer network often focus on the fate of democracies. If authoritarian and totalitarian regimes are mentioned, it is mainly as the dystopian destination that “we” might reach if “we” fail to manage the computer network wisely.1 However, as of 2024, more than half of “us” already live under authoritarian or totalitarian regimes,2 many of which were established long before the rise of the computer network. To understand the impact of algorithms and AI on humankind, we should ask ourselves what their impact will be not only on democracies like the United States and Brazil but also on the Chinese Communist Party and the royal house of Saud.

    As explained in previous chapters, the information technology available in premodern eras made both large-scale democracy and large-scale totalitarianism unworkable. Large polities like the Chinese Han Empire and the eighteenth-century Saudi emirate of Diriyah were usually limited autocracies. In the twentieth century, new information technology enabled the rise of both large-scale democracy and large-scale totalitarianism, but totalitarianism suffered from a severe disadvantage. Totalitarianism seeks to channel all information to one hub and process it there. Technologies like the telegraph, the telephone, the typewriter, and the radio facilitated the centralization of information, but they couldn’t process the information and make decisions by themselves. This remained something that only humans could do.

    The more information flowed to the center, the harder it became to process it. Totalitarian rulers and parties often made costly mistakes, and the system lacked mechanisms to identify and correct these errors. The democratic way of distributing information—and the power to make decisions—between many institutions and individuals worked better. It could cope far more efficiently with the flood of data, and if one institution made a wrong decision, it could eventually be rectified by others.

    The rise of machine-learning algorithms, however, may be exactly what the Stalins of the world have been waiting for. AI could tilt the technological balance of power in favor of totalitarianism. Indeed, whereas flooding people with data tends to overwhelm them and therefore leads to errors, flooding AI with data tends to make it more efficient. Consequently, AI seems to favor the concentration of information and decision making in one place.

    Even in democratic countries, a few corporations like Google, Facebook, and Amazon have become monopolies in their domains, partly because AI tips the balance in favor of the giants. In traditional industries like restaurants, size isn’t an overwhelming advantage. McDonald’s is a worldwide chain that feeds more than fifty million people a day,3 and its size gives it many advantages in terms of costs, branding, and so forth. You can nevertheless open a neighborhood restaurant that could hold its own against the local McDonald’s. Even though your restaurant might be serving just two hundred customers a day, you still have a chance of making better food than McDonald’s and gaining the loyalty of happier customers.

    It works differently in the information market. The Google search engine is used every day by between two and three billion people making 8.5 billion searches.4 Suppose a local start-up search engine tries to compete with Google. It doesn’t stand a chance. Because Google is already used by billions, it has so much more data at its disposal that it can train far better algorithms, which will attract even more traffic, which will be used to train the next generation of algorithms, and so on. Consequently, in 2023 Google controlled 91.5 percent of the global search market.5

    Or consider genetics. Suppose several companies in different countries try to develop an algorithm that identifies connections between genes and medical conditions. New Zealand has a population of 5 million people, and privacy regulations restrict access to their genetic and medical records. China has about 1.4 billion inhabitants and laxer privacy regulations.6 Who do you think has a better chance of developing a genetic algorithm? If Brazil then wants to buy a genetic algorithm for its health-care system, it would have a strong incentive to opt for the much more accurate Chinese algorithm than the one from New Zealand. If the Chinese algorithm then hones itself on more than 200 million Brazilians, it will get even better. Which would prompt more countries to choose the Chinese algorithm. Soon enough, most of the world’s medical information would flow to China, making its genetic algorithm unbeatable.

    The attempt to concentrate all information and power in one place, which was the Achilles’ heel of twentieth-century totalitarian regimes, might become a decisive advantage in the age of AI. At the same time, as noted in an earlier chapter, AI could also make it possible for totalitarian regimes to establish total surveillance systems that make resistance almost impossible.

    Some people believe that blockchain could provide a technological check on such totalitarian tendencies, because blockchain is inherently friendly to democracy and hostile to totalitarianism. In a blockchain system, decisions require the approval of 51 percent of users. That may sound democratic, but blockchain technology has a fatal flaw. The problem lies with the word “users.” If one person has ten accounts, she counts as ten users. If a government controls 51 percent of accounts, then the government constitutes 51 percent of the users. There are already examples of blockchain networks where a government is 51 percent of users.7

    And when a government is 51 percent of users in a blockchain, it gives the government control not just over the chain’s present but even over its past. Autocrats have always wanted the power to change the past. Roman emperors, for example, frequently engaged in the practice of damnatio memoriae—expunging the memory of rivals and enemies. After the emperor Caracalla murdered his brother and competitor for the throne, Geta, he tried to obliterate the latter’s memory. Inscriptions bearing Geta’s name were chiseled out, coins bearing his effigy were melted down, and the mere mentioning of Geta’s name was punishable by death.8 One surviving painting from the time, the Severan Tondo, was made during the reign of their father—Septimius Severus—and originally showed both brothers together with Septimius and their mother, Julia Domna. But someone later not only obliterated Geta’s face but smeared excrement over it. Forensic analysis identified tiny pieces of dry shit where Geta’s face should have been.9

    Modern totalitarian regimes have been similarly fond of changing the past. After Stalin rose to power, he made a supreme effort to delete Trotsky—the architect of the Bolshevik Revolution and the founder of the Red Army—from all historical records. During the Stalinist Great Terror of 1937–39, whenever prominent people like Nikolai Bukharin and Marshal Mikhail Tukhachevsky were purged and executed, evidence of their existence was erased from books, academic papers, photographs, and paintings.10 This degree of erasure demanded a huge manual effort. With blockchain, changing the past would be far easier. A government that controls 51 percent of users can disappear people from history at the press of a button.

    THE BOT PRISON

    While there are many ways in which AI can cement central power, authoritarian and totalitarian regimes have their own problems with it. First and foremost, dictatorships lack experience in controlling inorganic agents. The foundation of every despotic information network is terror. But computers are not afraid of being imprisoned or killed. If a chatbot on the Russian internet mentions the war crimes committed by Russian troops in Ukraine, tells an irreverent joke about Vladimir Putin, or criticizes the corruption of Putin’s United Russia party, what could the Putin regime do to that chatbot? FSB agents cannot imprison it, torture it, or threaten its family. The government could of course block or delete it, and try to find and punish its human creators, but this is a much more difficult task than disciplining human users.

    In the days when computers could not generate content by themselves, and could not hold an intelligent conversation, only a human being could express dissenting opinions on Russian social network channels like VKontakte and Odnoklassniki. If that human being was physically in Russia, they risked the wrath of the Russian authorities. If that human being was physically outside Russia, the authorities could try to block their access. But what happens if Russian cyberspace is filled by millions of bots that can generate content and hold conversations, learning and developing by themselves? These bots might be preprogrammed by Russian dissidents or foreign actors to intentionally spread unorthodox views, and it might be impossible for the authorities to prevent it. Even worse, from the viewpoint of Putin’s regime, what happens if authorized bots gradually develop dissenting views by themselves, simply by collecting information on what is happening in Russia and spotting patterns in it?

    That’s the alignment problem, Russian-style. Russia’s human engineers can do their best to create AIs that are totally aligned with the regime, but given the ability of AI to learn and change by itself, how can the human engineers ensure that the AI never deviates into illicit territory? It is particularly interesting to note that as George Orwell explained in Nineteen Eighty-Four, totalitarian information networks often rely on doublespeak. Russia is an authoritarian state that claims to be a democracy. The Russian invasion of Ukraine has been the largest war in Europe since 1945, yet officially it is defined as a “special military operation,” and referring to it as a “war” has been criminalized and is punishable by a prison term of up to three years or a fine of up to fifty thousand rubles.11

    The Russian Constitution makes grandiose promises about how “everyone shall be guaranteed freedom of thought and speech” (Article 29.1), how “everyone shall have the right freely to seek, receive, transmit, produce and disseminate information” (29.4), and how “the freedom of the mass media shall be guaranteed. Censorship shall be prohibited” (29.5). Hardly any Russian citizen is naive enough to take these promises at face value. But computers are bad at understanding doublespeak. A chatbot instructed to adhere to Russian law and values might read that constitution and conclude that freedom of speech is a core Russian value. Then, after spending a few days in Russian cyberspace and monitoring what is happening in the Russian information sphere, the chatbot might start criticizing the Putin regime for violating the core Russian value of freedom of speech. Humans too notice such contradictions, but avoid pointing them out, due to fear. But what would prevent a chatbot from pointing out damning patterns? And how might Russian engineers explain to a chatbot that though the Russian Constitution guarantees all citizens freedom of speech and forbids censorship, the chatbot shouldn’t actually believe the constitution nor should it ever mention the gap between theory and reality? As the Ukrainian guide told me at Chernobyl, people in totalitarian countries grow up with the idea that questions lead to trouble. But if you train an algorithm on the principle that “questions lead to trouble,” how will that algorithm learn and develop?

    Finally, if the government adopts some disastrous policy and then changes its mind, it usually covers itself by blaming the disaster on someone else. Humans learn the hard way to forget facts that might get them in trouble. But how would you train a chatbot to forget that the policy vilified today was actually the official line only a year ago? This is a major technological challenge that dictatorships will find difficult to deal with, especially as chatbots become more powerful and more opaque.

    Of course, democracies face analogous problems with chatbots that say unwelcome things or raise dangerous questions. What happens if despite the best efforts of Microsoft or Facebook engineers, their chatbot begins spewing racist slurs? The advantage of democracies is that they have far more leeway in dealing with such rogue algorithms. Because democracies take freedom of speech seriously, they keep far fewer skeletons in their closet, and they have developed a relatively high level of tolerance even to antidemocratic speech. Dissident bots will present a far bigger challenge to totalitarian regimes that have entire cemeteries in their closets and zero tolerance of criticism.

    ALGORITHMIC TAKEOVER

    In the long term, totalitarian regimes are likely to face an even bigger danger: instead of criticizing them, an algorithm might gain control of them. Throughout history, the biggest threat to autocrats usually came from their own subordinates. As noted in chapter 4, no Roman emperor or Soviet premier was toppled by a democratic revolution, but they were always in danger of being overthrown or turned into puppets by their own subordinates. If a twenty-first-century autocrat gives computers too much power, that autocrat might become their puppet. The last thing a dictator wants is to create something more powerful than himself, or a force that he does not know how to control.

    To illustrate the point, allow me to use an admittedly outlandish thought experiment, the totalitarian equivalent of Bostrom’s paper-clip apocalypse. Imagine that the year is 2050, and the Great Leader is woken up at four in the morning by an urgent call from the Surveillance & Security Algorithm. “Great Leader, we are facing an emergency. I’ve crunched trillions of data points, and the pattern is unmistakable: the defense minister is planning to assassinate you in the morning and take power himself. The hit squad is ready, waiting for his command. Give me the order, though, and I’ll liquidate him with a precision strike.”
    “But the defense minister is my most loyal supporter,” says the Great Leader. “Only yesterday he said to me—”
    “Great Leader, I know what he said to you. I hear everything. But I also know what he said afterward to the hit squad. And for months I’ve been picking up disturbing patterns in the data.”
    “Are you sure you were not fooled by deepfakes?”
    “I’m afraid the data I relied on is 100 percent genuine,” says the algorithm. “I checked it with my special deepfake-detecting sub-algorithm. I can explain exactly how we know it isn’t a deepfake, but that would take us a couple of weeks. I didn’t want to alert you before I was sure, but the data points converge on an inescapable conclusion: a coup is under way. Unless we act now, the assassins will be here in an hour. But give me the order, and I’ll liquidate the traitor.”

    By giving so much power to the Surveillance & Security Algorithm, the Great Leader has placed himself in an impossible situation. If he distrusts the algorithm, he may be assassinated by the defense minister, but if he trusts the algorithm and purges the defense minister, he becomes the algorithm’s puppet. Whenever anyone tries to make a move against the algorithm, the algorithm knows exactly how to manipulate the Great Leader. Note that the algorithm doesn’t need to be a conscious entity to engage in such maneuvers. As Bostrom’s paper-clip thought experiment indicates—and as GPT-4 lying to the TaskRabbit worker demonstrated on a small scale—a nonconscious algorithm may seek to accumulate power and manipulate people even without having any human drives like greed or egotism.

    If algorithms ever develop capabilities like those in the thought experiment, dictatorships would be far more vulnerable to algorithmic takeover than democracies. It would be difficult for even a super-Machiavellian AI to seize power in a distributed democratic system like the United States. Even if the AI learns to manipulate the U.S. president, it might face opposition from Congress, the Supreme Court, state governors, the media, major corporations, and sundry NGOs. How would the algorithm, for example, deal with a Senate filibuster?

    Seizing power in a highly centralized system is much easier. When all power is concentrated in the hands of one person, whoever controls access to the autocrat can control the autocrat—and the entire state. To hack the system, one needs to learn to manipulate just a single individual. An archetypal case is how the Roman emperor Tiberius became the puppet of Lucius Aelius Sejanus, the commander of the Praetorian Guard.

    The Praetorians were initially established by Augustus as a small imperial bodyguard. Augustus appointed two prefects to command the bodyguard so that neither could gain too much power over him.12 Tiberius, however, was not as wise. His paranoia was his greatest weakness. Sejanus, one of the two Praetorian prefects, artfully played on Tiberius’s fears. He constantly uncovered alleged plots to assassinate Tiberius, many of which were pure fantasies. The suspicious emperor grew more distrustful of everyone except Sejanus. He made Sejanus sole prefect of the Praetorian Guard, expanded it into an army of twelve thousand, and gave Sejanus’s men additional roles in policing and administrating the city of Rome. Finally, Sejanus persuaded Tiberius to move out of the capital to Capri, arguing that it would be much easier to protect the emperor on a small island than in a crowded metropolis full of traitors and spies. In truth, explained the Roman historian Tacitus, Sejanus’s aim was to control all the information reaching the emperor: “Access to the emperor would be under his own control, and letters, for the most part being conveyed by soldiers, would pass through his hands.”13

    With the Praetorians controlling Rome, Tiberius isolated in Capri, and Sejanus controlling all information reaching Tiberius, the Praetorian commander became the true ruler of the empire. Sejanus purged anyone who might oppose him—including members of the imperial family—by falsely accusing them of treason. Since nobody could contact the emperor without Sejanus’s permission, Tiberius was reduced to a puppet.

    Eventually someone—perhaps Tiberius’s sister-in-law Antonia—located an opening in Sejanus’s information cordon. A letter was smuggled to the emperor, explaining to him what was going on. But by the time Tiberius woke up to the danger and resolved to get rid of Sejanus, he was almost helpless. How could he topple the man who controlled not just the bodyguards but also all communications with the outside world? If he tried to make a move, Sejanus could imprison him on Capri indefinitely and inform the Senate and the army that the emperor was too ill to travel anywhere.

    Tiberius nevertheless managed to turn the tables on Sejanus. As Sejanus grew in power and became preoccupied with running the empire, he lost touch with the day-to-day minutiae of Rome’s security apparatus. Tiberius managed to secretly gain the support of Naevius Sutorius Macro, commander of Rome’s fire brigade and night watch. Macro orchestrated a coup against Sejanus, and as a reward Tiberius made Macro the new commander of the Praetorian Guard. A few years later, Macro had Tiberius killed.14

    Power lies at the nexus where the information channels merge. Since Tiberius allowed the information channels to merge in the person of Sejanus, the latter became the true center of power, while Tiberius was reduced to a puppet.

    The fate of Tiberius indicates the delicate balance that all dictators must strike. They try to concentrate all information in one place, but they must be careful that the different channels of information are allowed to merge only in their own person. If the information channels merge somewhere else, that then becomes the true nexus of power. When the regime relies on humans like Sejanus and Macro, a skillful dictator can play them one against the other in order to remain on top. Stalin’s purges were all about that. Yet when a regime relies on a powerful but inscrutable AI that gathers and analyzes all information, the human dictator is in danger of losing all power. He may remain in the capital and yet be isolated on a digital island, controlled and manipulated by the AI.

    THE DICTATOR’S DILEMMA

    In the next few years, the dictators of our world face more urgent problems than an algorithmic takeover. No current AI system can manipulate regimes at such a scale. However, totalitarian systems are already in danger of putting far too much trust in algorithms. Whereas democracies assume that everyone is fallible, in totalitarian regimes the fundamental assumption is that the ruling party or the supreme leader is always right. Regimes based on that assumption are conditioned to believe in the existence of an infallible intelligence and are reluctant to create strong self-correcting mechanisms that might monitor and regulate the genius at the top.

    Until now such regimes placed their faith in human parties and leaders and were hothouses for the growth of personality cults. But in the twenty-first century this totalitarian tradition prepares them to expect AI infallibility. Systems that could believe in the perfect genius of a Mussolini, a Ceauşescu, or a Khomeini are primed to also believe in the flawless genius of a superintelligent computer. This could have disastrous results for their citizens, and potentially for the rest of the world as well. What happens if the algorithm in charge of environmental policy makes a big mistake, but there are no self-correcting mechanisms that can identify and correct its error? What happens if the algorithm running the state’s social credit system begins terrorizing not just the general population but even the members of the ruling party and simultaneously begins to label anyone that questions its policies “an enemy of the people”?

    Dictators have always suffered from weak self-correcting mechanisms and have always been threatened by powerful subordinates. The rise of AI may greatly exacerbate these problems. The computer network therefore presents dictators with an excruciating dilemma. They could decide to escape the clutches of their human underlings by trusting a supposedly infallible technology, in which case they might become the technology’s puppet. Or, they could build a human institution to supervise the AI, but that institution might limit their own power, too.

    If even just a few of the world’s dictators choose to put their trust in AI, this could have far-reaching consequences for the whole of humanity. Science fiction is full of scenarios of an AI getting out of control and enslaving or eliminating humankind. Most sci-fi plots explore these scenarios in the context of democratic capitalist societies. This is understandable. Authors living in democracies are obviously interested in their own societies, whereas authors living in dictatorships are usually discouraged from criticizing their rulers. But the weakest spot in humanity’s anti-AI shield is probably the dictators. The easiest way for an AI to seize power is not by breaking out of Dr. Frankenstein’s lab but by ingratiating itself with some paranoid Tiberius.

    This is not a prophecy, just a possibility. After 1945, dictators and their subordinates cooperated with democratic governments and their citizens to contain nuclear weapons. On July 9, 1955, Albert Einstein, Bertrand Russell, and a number of other eminent scientists and thinkers published the Russell-Einstein Manifesto, calling on the leaders of both democracies and dictatorships to cooperate on preventing nuclear war. “We appeal,” said the manifesto, “as human beings, to human beings: remember your humanity, and forget the rest. If you can do so, the way lies open to a new Paradise; if you cannot, there lies before you the risk of universal death.”15 This is true of AI too. It would be foolish of dictators to believe that AI will necessarily tilt the balance of power in their favor. If they aren’t careful, AI will just grab power to itself.

    CHAPTER 11 The Silicon Curtain: Global Empire or Global Split?

    The previous two chapters explored how different human societies might react to the rise of the new computer network. But we live in an interconnected world, where the decisions of one country can have a profound impact on others. Some of the gravest dangers posed by AI do not result from the internal dynamics of a single human society. Rather, they arise from dynamics involving many societies, which might lead to new arms races, new wars, and new imperial expansions.

    Computers are not yet powerful enough to completely escape our control or destroy human civilization by themselves. As long as humanity stands united, we can build institutions that will control AI and will identify and correct algorithmic errors. Unfortunately, humanity has never been united. We have always been plagued by bad actors, as well as by disagreements between good actors. The rise of AI, then, poses an existential danger to humankind not because of the malevolence of computers but because of our own shortcomings.

    Thus, a paranoid dictator might hand unlimited power to a fallible AI, including even the power to launch nuclear strikes. If the dictator trusts his AI more than his defense minister, wouldn’t it make sense to have the AI supervise the country’s most powerful weapons? If the AI then makes an error, or begins to pursue an alien goal, the result could be catastrophic, and not just for that country.

    Similarly, terrorists focused on events in one corner of the world might use AI to instigate a global pandemic. The terrorists might be more versed in some apocalyptic mythology than in the science of epidemiology, but they just need to set the goal, and all else will be done by their AI. The AI could synthesize a new pathogen, order it from commercial laboratories or print it in biological 3-D printers, and devise the best strategy to spread it around the world, via airports or food supply chains. What if the AI synthesizes a virus that is as deadly as Ebola, as contagious as COVID-19, and as slow acting as AIDS? By the time the first victims begin to die, and the world is alerted to the danger, most people on earth might have already been infected.1

    As we have seen in previous chapters, human civilization is threatened not only by physical and biological weapons of mass destruction like atom bombs and viruses. Human civilization could also be destroyed by weapons of social mass destruction, like stories that undermine our social bonds. An AI developed in one country could be used to unleash a deluge of fake news, fake money, and fake humans so that people in numerous other countries lose the ability to trust anything or anyone.

    Many societies—both democracies and dictatorships—may act responsibly to regulate such usages of AI, clamp down on bad actors, and restrain the dangerous ambitions of their own rulers and fanatics. But if even a handful of societies fail to do so, this could be enough to endanger the whole of humankind. Climate change can devastate even countries that adopt excellent environmental regulations, because it is a global rather than a national problem. AI, too, is a global problem. Countries would be naive to imagine that as long as they regulate AI wisely within their own borders, these regulations will protect them from the worst outcomes of the AI revolution. Accordingly, to understand the new computer politics, it is not enough to examine how discrete societies might react to AI. We also need to consider how AI might change relations between societies on a global level.

    At present, the world is divided into about two hundred nation-states, most of which gained their independence only after 1945. They are not all equal. The list contains two superpowers, a handful of major powers, several blocs and alliances, and a lot of smaller fish. Still, even the tiniest states enjoy some leverage, as evidenced by their ability to play the superpowers against each other. In the early 2020s, for example, China and the United States competed for influence in the strategically important South Pacific region. Both superpowers courted island nations like Tonga, Tuvalu, Kiribati, and the Solomon Islands. The governments of these small nations—whose populations range from 740,000 (Solomon Islands) to 11,000 (Tuvalu)—had substantial leeway to decide which way to tack and were able to extract considerable concessions and aid.2

    Other small states, such as Qatar, have established themselves as important players in the geopolitical arena. With only 300,000 citizens, Qatar is nevertheless pursuing ambitious foreign policy aims in the Middle East, is playing an outsized rule in the global economy, and is home to Al Jazeera, the Arab world’s most influential TV network. One might argue that Qatar is able to punch well above its size because it is the third-largest exporter of natural gas in the world. Yet in a different international setting, that would have made Qatar not an independent actor but the first course on the menu of any imperial conqueror. It is telling that, as of 2024, Qatar’s much bigger neighbors, and the world’s hegemonic powers, are letting the tiny Gulf state hold on to its fabulous riches. Many people describe the international system as a jungle. If so, it is a jungle in which tigers allow fat chickens to live in relative safety.

    Qatar, Tonga, Tuvalu, Kiribati, and the Solomon Islands all indicate that we are living in a postimperial era. They gained their independence from the British Empire in the 1970s, as part of the final demise of the European imperial order. The leverage they now have in the international arena testifies that in the first quarter of the twenty-first century power is distributed between a relatively large number of players, rather than monopolized by a few empires.

    How might the rise of the new computer network change the shape of international politics? Aside from apocalyptic scenarios such as a dictatorial AI launching a nuclear war, or a terrorist AI instigating a lethal pandemic, computers pose two main challenges to the current international system. First, since computers make it easier to concentrate information and power in a central hub, humanity could enter a new imperial era. A few empires (or perhaps a single empire) might bring the whole world under a much tighter grip than that of the British Empire or the Soviet Empire. Tonga, Tuvalu, and Qatar would be transformed from independent states into colonial possessions—just as they were fifty years ago.

    Second, humanity could split along a new Silicon Curtain that would pass between rival digital empires. As each regime chooses its own answer to the AI alignment problem, to the dictator’s dilemma, and to other technological quandaries, each might create a separate and very different computer network. The various networks might then find it ever more difficult to interact, and so would the humans they control. Qataris living as part of an Iranian or Russian network, Tongans living as part of a Chinese network, and Tuvaluans living as part of an American network could come to have such different life experiences and worldviews that they would hardly be able to communicate or to agree on much.

    If these developments indeed materialize, they could easily lead to their own apocalyptic outcome. Perhaps each empire can keep its nuclear weapons under human control and its lunatics away from bioweapons. But a human species divided into hostile camps that cannot understand each other stands a small chance of avoiding devastating wars or preventing catastrophic climate change. A world of rival empires separated by an opaque Silicon Curtain would also be incapable of regulating the explosive power of AI.

    THE RISE OF DIGITAL EMPIRES

    In chapter 9 we touched briefly on the link between the Industrial Revolution and modern imperialism. It was not evident, at the beginning, that industrial technology would have much of an impact on empire building. When the first steam engines were put to use to pump water in British coal mines in the eighteenth century, no one foresaw that they would eventually power the most ambitious imperial projects in human history. When the Industrial Revolution subsequently gathered steam in the early nineteenth century, it was driven by private businesses, because governments and armies were relatively slow to appreciate its potential geopolitical impact. The world’s first commercial railway, for example, which opened in 1830 between Liverpool and Manchester, was built and operated by the privately owned Liverpool and Manchester Railway Company. The same was true of most other early railway lines in the U.K., the United States, France, Germany, and elsewhere. At that point, it wasn’t at all clear why governments or armies should get involved in such commercial enterprises.

    By the middle of the nineteenth century, however, the governments and armed forces of the leading industrial powers had fully recognized the immense geopolitical potential of modern industrial technology. The need for raw materials and markets justified imperialism, while industrial technologies made imperial conquests easier. Steamships were crucial, for example, to the British victory over the Chinese in the Opium Wars, and railroads played a decisive role in the American expansion west and the Russian expansion east and south. Indeed, entire imperial projects were shaped around the construction of railroads such as the Trans-Siberian and Trans-Caspian Russian lines, the German dream of a Berlin-Baghdad railway, and the British dream of building a railway from Cairo to the Cape.3

    Nevertheless, most polities didn’t join the burgeoning industrial arms race in time. Some lacked the capacity to do so, like the Melanesian chiefdoms of the Solomon Islands and the Al Thani tribe of Qatar. Others, like the Burmese Empire, the Ashanti Empire, and the Chinese Empire, might have had the capacity but lacked the will and foresight. Their rulers and inhabitants either didn’t follow developments in places like the British Midlands or didn’t think they had much to do with them. Why should the rice farmers of the Irrawaddy basin in Burma or the Yangtze basin in China concern themselves about the Liverpool–Manchester Railway? By the end of the nineteenth century, however, these rice farmers found themselves either conquered or indirectly exploited by the British Empire. Most other stragglers in the industrial race also ended up dominated by one industrial power or other. Could something similar happen with AI?

    When the race to develop AI gathered steam in the early years of the twenty-first century, it too was initially spearheaded by private entrepreneurs in a handful of countries. They set their sights on centralizing the world’s flow of information. Google wanted to organize all the world’s information in one place. Amazon sought to centralize all the world’s shopping. Facebook wished to connect all the world’s social spheres. But concentrating all the world’s information is neither practical nor helpful unless one can centrally process that information. And in 2000, when Google’s search engine was making its baby steps, when Amazon was a modest online bookshop, and when Mark Zuckerberg was in high school, the AI necessary to centrally process oceans of data was nowhere at hand. But some people bet it was just around the corner.

    Kevin Kelly, the founding editor of Wired magazine, recounted how in 2002 he attended a small party at Google and struck up a conversation with Larry Page. “Larry, I still don’t get it. There are so many search companies. Web search, for free? Where does that get you?” Page explained that Google wasn’t focused on search at all. “We’re really making an AI,” he said.4 Having lots of data makes it easier to create an AI. And AI can turn lots of data into lots of power.

    By the 2010s, the dream was becoming a reality. Like every major historical revolution, the rise of AI was a gradual process involving numerous steps. And like every revolution, a few of these steps were seen as turning points, just like the opening of the Liverpool–Manchester Railway. In the prolific literature on the story of AI, two events pop up again and again. The first occurred when, on September 30, 2012, a convolutional neural network called AlexNet won the ImageNet Large Scale Visual Recognition Challenge.

    If you have no idea what a convolutional neural network is, and if you have never heard of the ImageNet challenge, you are not alone. More than 99 percent of us are in the same situation, which is why AlexNet’s victory was hardly front-page news in 2012. But some humans did hear about AlexNet’s victory and decoded the writing on the wall.

    They knew, for example, that ImageNet is a database of millions of annotated digital images. Did a website ever ask you to prove that you are not a robot by looking at a set of images and indicating which ones contain a car or a cat? The images you clicked were perhaps added to the ImageNet database. The same thing might also have happened to tagged images of your pet cat that you uploaded online. The ImageNet Large Scale Visual Recognition Challenge tests various algorithms on how well they are able to identify the annotated images in the database. Can they correctly identify the cats? When humans are asked to do it, out of one hundred cat images we correctly identify ninety-five as cats. In 2010 the best algorithms had a success rate of only 72 percent. In 2011 the algorithmic success rate crawled up to 75 percent. In 2012 the AlexNet algorithm won the challenge and stunned the still minuscule community of AI experts by achieving a success rate of 85 percent. While this improvement may not sound like much to laypersons, it demonstrated to the experts the potential for rapid progress in certain AI domains. By 2015 a Microsoft algorithm achieved 96 percent accuracy, surpassing the human ability to identify cat images.

    In 2016, The Economist published a piece titled “From Not Working to Neural Networking” that asked, “How has artificial intelligence, associated with hubris and disappointment since its earliest days, suddenly become the hottest field in technology?” It pointed to AlexNet’s victory as the moment when “people started to pay attention, not just within the AI community but across the technology industry as a whole.” The article was illustrated with an image of a robotic hand holding up a photo of a cat.5

    All those cat images that tech giants had been harvesting from across the world, without paying a penny to either users or tax collectors, turned out to be incredibly valuable. The AI race was on, and the competitors were running on cat images. At the same time that AlexNet was preparing for the ImageNet challenge, Google too was training its AI on cat images, and even created a dedicated cat-image-generating AI called the Meow Generator.6 The technology developed by recognizing cute kittens was later deployed for more predatory purposes. For example, Israel relied on it to create the Red Wolf, Blue Wolf, and Wolf Pack apps used by Israeli soldiers for facial recognition of Palestinians in the Occupied Territories.7 The ability to recognize cat images also led to the algorithms Iran uses to automatically recognize unveiled women and enforce its hijab laws. As explained in chapter 8, massive amounts of data are required to train machine-learning algorithms. Without millions of cat images uploaded and annotated for free by people across the world, it would not have been possible to train the AlexNet algorithm or the Meow Generator, which in turn served as the template for subsequent AIs with far-reaching economic, political, and military potential.8

    Just as in the early nineteenth century the effort to build railways was pioneered by private entrepreneurs, so in the early twenty-first century private corporations were the initial main competitors in the AI race. The executives of Google, Facebook, Alibaba, and Baidu saw the value of recognizing cat images before the presidents and generals did. The second eureka moment, when the presidents and generals caught on to what was happening, occurred in mid-March 2016. It was the aforementioned victory of Google’s AlphaGo over Lee Sedol. Whereas AlexNet’s achievement was largely ignored by politicians, AlphaGo’s triumph sent shock waves through government offices, especially in East Asia. In China and neighboring countries go is a cultural treasure and considered an ideal training for aspiring strategists and policy makers. In March 2016, or so the mythology of AI would have it, the Chinese government realized that the age of AI had begun.9

    It is little wonder that the Chinese government was probably the first to understand the full importance of what was happening. In the nineteenth century, China was late to appreciate the potential of the Industrial Revolution and was slow to adopt inventions like railroads and steamships. It consequently suffered what the Chinese call “the century of humiliations.” After having been the world’s greatest superpower for centuries, failing to adopt modern industrial technology brought China to its knees. It was repeatedly defeated in wars, partially conquered by foreigners, and thoroughly exploited by the powers that did understand railroads and steamships. The Chinese vowed never again to miss the train.

    In 2017, China’s government released its “New Generation Artificial Intelligence Plan,” which announced that “by 2030, China’s AI theories, technologies, and application should achieve world-leading levels, making China the world’s primary AI innovation center.”10 In the following years China poured enormous resources into AI so that by the early 2020s it is already leading the world in several AI-related fields and catching up with the United States in others.11

    Of course, the Chinese government wasn’t the only one that woke up to the importance of AI. On September 1, 2017, President Putin of Russia declared, “Artificial intelligence is the future, not only for Russia, but for all humankind.… Whoever becomes the leader in this sphere will become the ruler of the world.” In January 2018, Prime Minister Modi of India concurred that “the one who control [sic] the data will control the world.”12 In February 2019, President Trump signed an executive order on AI, saying that “the age of AI has arrived” and that “continued American leadership in Artificial Intelligence is of paramount importance to maintaining the economic and national security of the United States.”13 The United States at the time was already the leader in the AI race, thanks largely to efforts of visionary private entrepreneurs. But what began as a commercial competition between corporations was turning into a match between governments, or perhaps more accurately, into a race between competing teams, each made of one government and several corporations. The prize for the winner? World domination.

    DATA COLONIALISM

    In the sixteenth century, when Spanish, Portuguese, and Dutch conquistadors were building the first global empires in history, they came with sailing ships, horses, and gunpowder. When the British, Russians, and Japanese made their bids for hegemony in the nineteenth and twentieth centuries, they relied on steamships, locomotives, and machine guns. In the twenty-first century, to dominate a colony, you no longer need to send in the gunboats. You need to take out the data. A few corporations or governments harvesting the world’s data could transform the rest of the globe into data colonies—territories they control not with overt military force but with information.14

    Imagine a situation—in twenty years, say—when somebody in Beijing or San Francisco possesses the entire personal history of every politician, journalist, colonel, and CEO in your country: every text they ever sent, every web search they ever made, every illness they suffered, every sexual encounter they enjoyed, every joke they told, every bribe they took. Would you still be living in an independent country, or would you now be living in a data colony? What happens when your country finds itself utterly dependent on digital infrastructures and AI-powered systems over which it has no effective control?

    Such a situation can lead to a new kind of data colonialism in which control of data is used to dominate faraway colonies. Mastery of AI and data could also give the new empires control of people’s attention. As we have already discussed, in the 2010s American social media giants like Facebook and YouTube upended the politics of distant countries like Myanmar and Brazil in pursuit of profit. Future digital empires may do something similar for political interests.

    Fears of psychological warfare, data colonialism, and loss of control over their cyberspace have led many countries to already block what they see as dangerous apps. China has banned Facebook, YouTube, and many other Western social media apps and websites. Russia has banned almost all Western social media apps as well as some Chinese ones. In 2020, India banned TikTok, WeChat, and numerous other Chinese apps on the grounds that they were “prejudicial to sovereignty and integrity of India, defense of India, security of state and public order.”15 The United States has been debating whether to ban TikTok—concerned that the app might be serving Chinese interests—and as of 2023 it is illegal to use it on the devices of almost all federal employees, state employees, and government contractors.16 Lawmakers in the U.K., New Zealand, and other countries have also expressed concerns over TikTok.17 Numerous other governments, from Iran to Ethiopia, have blocked various apps like Facebook, Twitter, YouTube, Telegram, and Instagram.

    Data colonialism could also manifest itself in the spread of social credit systems. What might happen, for example, if a dominant player in the global digital economy decides to establish a social credit system that harvests data anywhere it can and scores not only its own nationals but people throughout the world? Foreigners couldn’t just shrug off their score, because it might affect them in numerous ways, from buying flight tickets to applying for visas, scholarships, and jobs. Just as tourists use the global scores given by foreign corporations like Tripadvisor and Airbnb to evaluate restaurants and vacation homes even in their own country, and just as people throughout the world use the U.S. dollar for commercial transactions, so people everywhere might begin to use a Chinese or an American social credit score for local social interactions.

    Becoming a data colony will have economic as well as political and social consequences. In the nineteenth and twentieth centuries, if you were a colony of an industrial power like Belgium or Britain, it usually meant that you provided raw materials, while the cutting-edge industries that made the biggest profits remained in the imperial hub. Egypt exported cotton to Britain and imported high-end textiles. Malaya provided rubber for tires; Coventry made the cars.18

    Something analogous is likely to happen with data colonialism. The raw material for the AI industry is data. To produce AI that recognizes images, you need cat photos. To produce the trendiest fashion, you need data on fashion trends. To produce autonomous vehicles, you need data about traffic patterns and car accidents. To produce health-care AI, you need data about genes and medical conditions. In a new imperial information economy, raw data will be harvested throughout the world and will flow to the imperial hub. There the cutting-edge technology will be developed, producing unbeatable algorithms that know how to identify cats, predict fashion trends, drive autonomous vehicles, and diagnose diseases. These algorithms will then be exported back to the data colonies. Data from Egypt and Malaysia might make a corporation in San Francisco or Beijing rich, while people in Cairo and Kuala Lumpur remain poor, because neither the profits nor the power is distributed back.

    The nature of the new information economy might make the imbalance between imperial hub and exploited colony worse than ever. In ancient times land—rather than information—was the most important economic asset. This precluded the overconcentration of all wealth and power in a single hub. As long as land was paramount, considerable wealth and power always remained in the hands of provincial landowners. A Roman emperor, for example, could put down one provincial revolt after another, but on the day after decapitating the last rebel chief, he had no choice but to appoint a new set of provincial landowners who might again challenge the central power. In the Roman Empire, although Italy was the seat of political power, the richest provinces were in the eastern Mediterranean. It was impossible to transport the fertile fields of the Nile valley to the Italian Peninsula.19 Eventually the emperors abandoned the city of Rome to the barbarians and moved the seat of political power to the rich east, to Constantinople.

    During the Industrial Revolution machines became more important than land. Factories, mines, railroad lines, and electrical power stations became the most valuable assets. It was somewhat easier to concentrate these kinds of assets in one place. The British Empire could centralize industrial production in its home islands, extract raw materials from India, Egypt, and Iraq, and sell them finished goods made in Birmingham or Belfast. Unlike in the Roman Empire, Britain was the seat of both political and economic power. But physics and geology still put natural limits on this concentration of wealth and power. The British couldn’t move every cotton mill from Calcutta to Manchester, nor shift the oil wells from Kirkuk to Yorkshire.

    Information is different. Unlike cotton and oil, digital data can be sent from Malaysia or Egypt to Beijing or San Francisco at almost the speed of light. And unlike land, oil fields, or textile factories, algorithms don’t take up much space. Consequently, unlike industrial power, the world’s algorithmic power can be concentrated in a single hub. Engineers in a single country might write the code and control the keys for all the crucial algorithms that run the entire world.

    Indeed, AI makes it possible to concentrate in one place even the decisive assets of some traditional industries, like textile. In the nineteenth century, to control the textile industry meant to control sprawling cotton fields and huge mechanical production lines. In the twenty-first century, the most important asset of the textile industry is information rather than cotton or machinery. To beat the competitors, a garment producer needs information about the likes and dislikes of customers and the ability to predict or manufacture the next fashions. By controlling this type of information, high-tech giants like Amazon and Alibaba can monopolize even a very traditional industry like textile. In 2021, Amazon became the United States’ biggest single clothing retailer.20

    Moreover, as AI, robots, and 3-D printers automate textile production, millions of workers might lose their jobs, upending national economies and the global balance of power. What will happen to the economies and politics of Pakistan and Bangladesh, for example, when automation makes it cheaper to produce textiles in Europe? Consider that at present the textile sector provides employment to 40 percent of Pakistan’s total labor force and accounts for 84 percent of Bangladesh’s export earnings.21 As noted in chapter 7, while automation might make millions of textile workers redundant, it will probably create many new jobs, too. For instance, there might be a huge demand for coders and data analysts. But turning an unemployed factory hand into a data analyst demands a substantial up-front investment in retraining. Where would Pakistan and Bangladesh get the money to do that?

    AI and automation therefore pose a particular challenge to poorer developing countries. In an AI-driven economy, the digital leaders claim the bulk of the gains and could use their wealth to retrain their workforce and profit even more. Meanwhile, the value of unskilled laborers in left-behind countries will decline, and they will not have the resources to retrain their workforce, causing them to fall even further behind. The result might be lots of new jobs and immense wealth in San Francisco and Shanghai, while many other parts of the world face economic ruin.22 According to the global accounting firm PricewaterhouseCoopers, AI is expected to add $15.7 trillion to the global economy by 2030. But if current trends continue, it is projected that China and North America—the two leading AI superpowers—will together take home 70 percent of that money.23

    FROM WEB TO COCOON

    These economic and geopolitical dynamics could divide the world between two digital empires. During the Cold War, the Iron Curtain was in many places literally made of metal: barbed wire separated one country from another. Now the world is increasingly divided by the Silicon Curtain. The Silicon Curtain is made of code, and it passes through every smartphone, computer, and server in the world. The code on your smartphone determines on which side of the Silicon Curtain you live, which algorithms run your life, who controls your attention, and where your data flows.

    It is becoming difficult to access information across the Silicon Curtain, say between China and the United States, or between Russia and the EU. Moreover, the two sides are increasingly run on different digital networks, using different computer codes. Each sphere obeys different regulations and serves different purposes. In China, the most important aim of new digital technology is to strengthen the state and serve government policies. While private enterprises are given a certain amount of autonomy in developing and deploying AI tools, their economic activities are ultimately subservient to the government’s political goals. These political goals also justify a relatively high level of surveillance, both online and off-line. This means, for example, that though Chinese citizens and authorities do care about people’s privacy, China is already far ahead of the United States and other Western countries in developing and deploying social credit systems that encompass the whole of people’s lives.24

    In the United States, the government plays a more limited role. Private enterprises lead the development and deployment of AI, and the ultimate goal of many new AI tools is to enrich the tech giants rather than to strengthen the American state or the current administration. Indeed, in many cases governmental policies are themselves shaped by powerful business interests. But the U.S. system does offer greater protection for citizens’ privacy. While American corporations aggressively gather information on people’s online activities, they are much more restricted in surveilling people’s offline lives. There is also widespread rejection of the ideas behind all-embracing social credit systems.25

    These political, cultural, and regulatory differences mean that each sphere is using different software. In China you cannot use Google and Facebook, and you cannot access Wikipedia. In the United States few people use WeChat, Baidu, and Tencent. More important, the spheres aren’t mirror images of each other. It is not that the Chinese and Americans develop local versions of the same apps. Baidu isn’t the Chinese Google. Alibaba isn’t the Chinese Amazon. They have different goals, different digital architectures, and different impacts on people’s lives.26 These differences influence much of the world, since most countries rely on Chinese and American software rather than on local technology.

    Each sphere also uses different hardware like smartphones and computers. The United States pressures its allies and clients to avoid Chinese hardware, such as Huawei’s 5G infrastructure.27 The Trump administration blocked an attempt by the Singaporean corporation Broadcom to buy the leading American producer of computer chips, Qualcomm. They feared foreigners might insert back doors into the chips or would prevent the U.S. government from inserting its own back doors there.28 In 2022, the Biden administration placed strict limits on trade in high-performance computing chips necessary for the development of AI. U.S. companies were forbidden to export such chips to China, or to provide China with the means to manufacture or repair them. The restrictions have subsequently been tightened further, and the ban was expanded to include other nations such as Russia and Iran.29 While in the short term this hampers China in the AI race, in the long term it will push China to develop a completely separate digital sphere that will be distinct from the American digital sphere even in its smallest building blocks.30

    The two digital spheres may drift further and further apart. Chinese software would talk only with Chinese hardware and Chinese infrastructure, and the same would happen on the other side of the Silicon Curtain. Since digital code influences human behavior, and human behavior in turn shapes digital code, the two sides may well be moving along different trajectories that will make them more and more different not just in their technology but in their cultural values, social norms, and political structures. After generations of convergence, humanity could find itself at a crucial point of divergence.31 For centuries, new information technologies fueled the process of globalization and brought people all over the world into closer contact. Paradoxically, information technology today is so powerful it can potentially split humanity by enclosing different people in separate information cocoons, ending the idea of a single shared human reality. While the web has been our main metaphor in recent decades, the future might belong to cocoons.

    THE GLOBAL MIND-BODY SPLIT

    The division into separate information cocoons could lead not just to economic rivalries and international tensions but also to the development of very different cultures, ideologies, and identities. Guessing future cultural and ideological developments is usually a fool’s errand. It is far more difficult than predicting economic and geopolitical developments. How many Romans or Jews in the days of Tiberius could have anticipated that a splinter Jewish sect would eventually take over the Roman Empire and that the emperors would abandon Rome’s old gods to worship an executed Jewish rabbi?

    It would have been even more difficult to foresee the directions in which various Christian sects would develop and the momentous impact of their ideas and conflicts on everything from politics to sexuality. When Jesus was asked about paying taxes to Tiberius’s government and answered, “Render unto Caesar the things that are Caesar’s, and unto God the things that are God’s” (Matthew 22:21), nobody could imagine the impact his response would have on the separation of church and state in the American republic two millennia later. And when Saint Paul wrote to the Christians in Rome, “I myself in my mind am a slave to God’s law, but in my sinful flesh a slave to the law of sin” (Romans 7:25), who could have foreseen the repercussions this would have on schools of thought ranging from Cartesian philosophy to queer theory?

    Despite these difficulties, it is important to try to imagine future cultural developments, in order to alert ourselves to the fact that the AI revolution and the formation of rival digital spheres are likely to change more than just our jobs and political structures. The following paragraphs contain some admittedly ambitious speculation, so please bear in mind that my goal is not to accurately foretell cultural developments but merely to draw attention to the likelihood that profound cultural shifts and conflicts await us.

    One possible development with far-reaching consequences is that different digital cocoons might adopt incompatible approaches to the most fundamental questions of human identity. For thousands of years, many religious and cultural conflicts—for example, between rival Christian sects, between Hindus and Buddhists, and between Platonists and Aristotelians—were fueled by disagreements about the mind-body problem. Are humans a physical body, or a nonphysical mind, or perhaps a mind trapped inside a body? In the twenty-first century, the computer network might supercharge the mind-body problem and turn it into a cause for major personal, ideological, and political conflicts.

    To appreciate the political ramifications of the mind-body problem, let’s briefly revisit the history of Christianity. Many of the earliest Christian sects, influenced by Jewish thinking, believed in the Old Testament idea that humans are embodied beings and that the body plays a crucial role in human identity. The book of Genesis said God created humans as physical bodies, and almost all books of the Old Testament assume that humans can exist only as physical bodies. With a few possible exceptions, the Old Testament doesn’t mention the possibility of a bodiless existence after death, in heaven or hell. When the ancient Jews fantasized about salvation, they imagined it to mean an earthly kingdom of material bodies. In the time of Jesus, many Jews believed that when the Messiah finally comes, the bodies of the dead would come back to life, here on earth. The Kingdom of God, established by the Messiah, was supposed to be a material kingdom, with trees and stones and flesh-and-blood bodies.32

    This was also the view of Jesus himself and the first Christians. Jesus promised his followers that soon the Kingdom of God would be built here on earth and they would inhabit it in their material bodies. When Jesus died without fulfilling his promise, his early followers came to believe that he was resurrected in the flesh and that when the Kingdom of God finally materialized on earth, they too would be resurrected in the flesh. The church father Tertullian (160–240 CE) wrote that “the flesh is the very condition on which salvation hinges,” and the catechism of the Catholic Church, citing the doctrines adopted at the Second Council of Lyon in 1274, states, “We believe in God who is creator of the flesh; we believe in the Word made flesh in order to redeem the flesh; we believe in the resurrection of the flesh, the fulfillment of both the creation and the redemption of the flesh.… We believe in the true resurrection of this flesh that we now possess.”33

    Despite such seemingly unequivocal statements, we saw that Saint Paul already had his doubts about the flesh, and by the fourth century CE, under Greek, Manichaean, and Persian influences, some Christians had drifted toward a dualistic approach. They came to think of humans as consisting of a good immaterial soul trapped inside an evil material body. They didn’t fantasize about being resurrected in the flesh. Just the opposite. Having been released by death from its abominable material prison, why would the pure soul ever want to get back in? Christians accordingly began to believe that after death the soul is liberated from the body and exists forever in an immaterial place completely beyond the physical realm—which is the standard belief among Christians today, notwithstanding what Tertullian and the Second Council of Lyon said.34

    But Christianity couldn’t completely abandon the old Jewish view that humans are embodied beings. After all, Christ appeared on earth in the flesh. His body was nailed to the cross, on which he experienced excruciating pain. For two thousand years, Christian sects therefore fought each other—sometimes with words, sometimes with swords—over the exact relations between soul and body. The fiercest arguments focused on Christ’s own body. Was he material? Was he purely spiritual? Did he perhaps have a nonbinary nature, being both human and divine at the same time?

    The different approaches to the mind-body problem influenced how people treated their own bodies. Saints, hermits, and monks made breathtaking experiments in pushing the human body to its limits. Just as Christ allowed his body to be tortured on the cross, so these “athletes of Christ” allowed lions and bears to rip them apart while their souls rejoiced in divine ecstasy. They wore hair shirts, fasted for weeks, or stood for years on a pillar—like the famous Simeon who allegedly stood for about forty years on top of a pillar near Aleppo.35

    Other Christians took the opposite approach, believing that the body didn’t matter at all. The only thing that mattered was faith. This idea was taken to extremes by Protestants like Martin Luther, who formulated the doctrine of sola fide: only faith. After living as a monk for about ten years, fasting and torturing his body in various ways, Luther despaired of these bodily exercises. He reasoned that no bodily self-torments could force God to redeem him. Indeed, thinking he could win his own salvation by torturing his body was the sin of pride. Luther therefore disrobed, married a former nun, and told his followers that to be good Christians, the only thing they needed was to have complete faith in Christ.36

    These ancient theological debates about mind and body may seem utterly irrelevant to the AI revolution, but they have in fact been resurrected by twenty-first-century technologies. What is the relationship between our physical body and our online identities and avatars? What is the relation between the offline world and cyberspace? Suppose I spend most of my waking hours sitting in my room in front of a screen, playing online games, forming virtual relationships, and even working remotely. I hardly venture out even to eat. I just order takeout. If you are like ancient Jews and the first Christians, you would pity me and conclude that I must be living in a delusion, losing touch with the reality of physical spaces and flesh-and-blood bodies. But if your thinking is closer to that of Luther and many later Christians, you might think I am liberated. By shifting most of my activities and relationships online, I have released myself from the limited organic world of debilitating gravity and corrupt bodies and can enjoy the unlimited possibilities of a digital world, which is potentially liberated from the laws of biology and even physics. I am free to roam a much vaster and more exciting space and to explore new aspects of my identity.

    An increasingly important question is whether people can adopt any virtual identity they like, or should their identity be constrained by their biological body? If we follow the Lutheran position of sola fide, the biological body isn’t of much importance. To adopt a certain online identity, the only thing that matters is what you believe. This debate can have far-reaching consequences not just for human identity but for our attitude to the world as a whole. A society that understands identities in terms of biological bodies should also care more about material infrastructure like sewage pipes and about the ecosystem that sustains our bodies. It will see the online world as an auxiliary of the offline world that can serve various useful purposes but can never become the central arena of our lives. Its aim would be to create an ideal physical and biological realm—the Kingdom of God on earth. In contrast, a society that downplays biological bodies and focuses on online identities may well seek to create an immersive Kingdom of God in cyberspace while discounting the fate of mere material things like sewage pipes and rain forests.

    This debate could shape attitudes not only toward organisms but also toward digital entities. As long as society defines identity by focusing on physical bodies, it is unlikely to view AIs as persons. But if society gives less importance to physical bodies, then even AIs that lack any corporeal manifestations may be accepted as legal persons enjoying various rights.

    Throughout history, diverse cultures have given diverse answers to the mind-body problem. A twenty-first-century controversy about the mind-body problem could result in cultural and political splits more consequential even than the split between Jews and Christians or between Catholics and Protestants. What happens, for example, if the American sphere discounts the body, defines humans by their online identity, recognizes AIs as persons, and downplays the importance of the ecosystem, whereas the Chinese sphere adopts opposite positions? Current disagreements about violations of human rights or adherence to ecological standards will look minuscule in comparison. The Thirty Years’ War—arguably the most devastating war in European history—was fought at least in part because Catholics and Protestants couldn’t agree on doctrines like sola fide and on whether Christ was divine, human, or nonbinary. Might future conflicts start because of an argument about AI rights and the nonbinary nature of avatars?

    As noted, these are all wild speculations, and in all likelihood actual cultures and ideologies will develop in different—and perhaps even wilder—directions. But it is probable that within a few decades the computer network will cultivate new human and nonhuman identities that make little sense to us. And if the world will be divided into two rival digital cocoons, the identities of entities in one cocoon might be unintelligible to the inhabitants of the other.

    FROM CODE WAR TO HOT WAR

    While China and the United States are currently the front-runners in the AI race, they are not alone. Other countries or blocs, such as the EU, India, Brazil, and Russia, may try to create their own digital spheres, each influenced by different political, cultural, and religious traditions.37 Instead of being divided between just two global empires, the world might be divided among a dozen empires. It is unclear whether this will somewhat alleviate or only exacerbate the imperial competition.

    The more the new empires compete against one another, the greater the danger of armed conflict. The Cold War between the United States and the U.S.S.R. never escalated into a direct military confrontation largely thanks to the doctrine of mutually assured destruction. But the danger of escalation in the age of AI is bigger, because cyber warfare is inherently different from nuclear warfare.

    First, cyber weapons are much more versatile than nuclear bombs. Cyber weapons can bring down a country’s electric grid, but they can also be used to destroy a secret research facility, jam an enemy sensor, inflame a political scandal, manipulate elections, or hack a single smartphone. And they can do all that stealthily. They don’t announce their presence with a mushroom cloud and a storm of fire, nor do they leave a visible trail from launchpad to target. Consequently, at times it is hard to know if an attack even occurred or who launched it. If a database is hacked or sensitive equipment is destroyed, it’s hard to be sure whom to blame. The temptation to start a limited cyberwar is therefore big, and so is the temptation to escalate it. Rival countries like Israel and Iran or the United States and Russia have been trading cyber blows for years, in an undeclared but escalating war.38 This is becoming the new global norm, amplifying international tensions and pushing countries to cross one red line after another.

    A second crucial difference concerns predictability. The Cold War was like a hyperrational chess game, and the certainty of destruction in the event of nuclear conflict was so great that the desire to start a war was correspondingly small. Cyber warfare lacks this certainty. Nobody knows for sure where each side has planted its logic bombs, Trojan horses, and malwares. Nobody can be certain whether their own weapons would actually work when called upon. Would Chinese missiles fire when the order is given, or perhaps the Americans have hacked them or the chain of command? Would American aircraft carriers function as expected, or would they perhaps shut down mysteriously or sail around in circles?39

    Such uncertainty undermines the doctrine of mutually assured destruction. One side might convince itself—rightly or wrongly—that it can launch a successful first strike and avoid massive retaliation. Even worse, if one side thinks it has such an opportunity, the temptation to launch a first strike could become irresistible, because one never knows how long the window of opportunity will remain open. Game theory posits that the most dangerous situation in an arms race is when one side feels it has an advantage but that this advantage is slipping away.40

    Even if humanity avoids the worst-case scenario of global war, the rise of new digital empires could still endanger the freedom and prosperity of billions of people. The industrial empires of the nineteenth and twentieth centuries exploited and repressed their colonies, and it would be foolhardy to expect the new digital empires to behave much better. Moreover, as noted earlier, if the world is divided into rival empires, humanity is unlikely to cooperate effectively to overcome the ecological crisis or to regulate AI and other disruptive technologies like bioengineering.

    THE GLOBAL BOND

    Of course, no matter whether the world is divided between a few digital empires, remains a more diverse community of two hundred nation-states, or is split along altogether different and unforeseen lines, cooperation is always an option. Among humans, the precondition for cooperation isn’t similarity; it is the ability to exchange information. As long as we are able to converse, we might find some shared story that can bring us closer. This, after all, is what made Homo sapiens the dominant species on the planet.

    Just as different and even rival families can cooperate within a tribal network, and competing tribes can cooperate within a national network, so opposing nations and empires can cooperate within a global network. The stories that make such cooperation possible do not eliminate our differences; rather, they enable us to identify shared experiences and interests, which offer a common framework for thought and action.

    A large part of what nevertheless makes global cooperation difficult is the misguided notion that it requires abolishing all cultural, social, and political differences. Populist politicians often argue that if the international community agrees on a common story and on universal norms and values, this will destroy the independence and unique traditions of their own nation.41 This position was unabashedly distilled in 2015 by Marine Le Pen—leader of France’s National Front party—in an election speech in which she declared, “We have entered a new two-partyism. A two-partyism between two mutually exclusive conceptions that will from now on structure our political life. The cleavage no longer separates left and right, but globalists and patriots.”42 In August 2020, President Trump described his guiding ethos thus: “We have rejected globalism and embraced patriotism.”43

    Luckily, this binary position is mistaken in its basic assumption. Global cooperation and patriotism are not mutually exclusive. For patriotism isn’t about hating foreigners. It is about loving our compatriots. And there are many situations when, in order to take care of our compatriots, we need to cooperate with foreigners. COVID-19 provided us with one obvious example. Pandemics are global events, and without global cooperation it is hard to contain them, let alone prevent them. When a new virus or a mutant pathogen appears in one country, it puts all other countries in danger. Conversely, the biggest advantage of humans over pathogens is that we can cooperate in ways that pathogens cannot. Doctors in Germany and Brazil can alert one another to new dangers, give each other good advice, and work together to discover better treatments.

    If German scientists invent a vaccine against some new disease, how should Brazilians react to this German achievement? One option is to reject the foreign vaccine and wait until Brazilian scientists develop a Brazilian vaccine. That, however, would be not just foolish; it would be anti-patriotic. Brazilian patriots should want to use any available vaccine to help their compatriots, no matter where the vaccine was developed. In this situation, cooperating with foreigners is the patriotic thing to do. The threat of losing control of AIs is an analogous situation in which patriotism and global cooperation must go together. An out-of-control AI, just like an out-of-control virus, puts in danger humans in every nation. No human collective—whether a tribe, a nation, or the entire species—stands to benefit from letting power shift from humans to algorithms.

    Contrary to what populists argue, globalism doesn’t mean establishing a global empire, abandoning national loyalties, or opening borders to unlimited immigration. In fact, global cooperation means two far more modest things: first, a commitment to some global rules. These rules don’t deny the uniqueness of each nation and the loyalty people should owe their nation. They just regulate the relations between nations. A good model is the World Cup. The World Cup is a competition between nations, and people often show fierce loyalty to their national team. At the same time, the World Cup is an amazing display of global agreement. Brazil cannot play football against Germany unless Brazilians and Germans first agree on the same set of rules for the game. That’s globalism in action.

    The second principle of globalism is that sometimes—not always, but sometimes—it is necessary to prioritize the long-term interests of all humans over the short-term interests of a few. For example, in the World Cup, all national teams agree not to use performance-enhancing drugs, because everybody realizes that if they go down that path, the World Cup would eventually devolve into a competition between biochemists. In other fields where technology is a game changer, we should similarly strive to balance national and global interests. Nations will obviously continue to compete in the development of new technology, but sometimes they should agree to limit the development and deployment of dangerous technologies like autonomous weapons and manipulative algorithms—not purely out of altruism, but for their own self-preservation.

    THE HUMAN CHOICE

    Forging and keeping international agreements on AI will require major changes in the way the international system functions. While we have experience in regulating dangerous technologies like nuclear and biological weapons, the regulation of AI will demand unprecedented levels of trust and self-discipline, for two reasons. First, it is easier to hide an illicit AI lab than an illicit nuclear reactor. Second, AIs have a lot more dual civilian-military usages than nuclear bombs. Consequently, despite signing an agreement that bans autonomous weapon systems, a country could build such weapons secretly, or camouflage them as civilian products. For example, it might develop fully autonomous drones for delivering mail and spraying fields with pesticides that with a few minor modifications could also deliver bombs and spray people with poison. Consequently, governments and corporations will find it more difficult to trust that their rivals are really abiding by the agreed regulations—and to withstand the temptation to themselves waive the rules.44 Can humans develop the necessary levels of trust and self-discipline? Do changes like those have any precedent in history?

    Many people are skeptical of the human capacity to change, and in particular of the human ability to renounce violence and forge stronger global bonds. For example, “realist” thinkers like Hans Morgenthau and John Mearsheimer have argued that an all-out competition for power is the inescapable condition of the international system. Mearsheimer explains that “my theory sees great powers as concerned mainly with figuring out how to survive in a world where there is no agency to protect them from each other” and that “they quickly realize that power is the key to their survival.” Mearsheimer then asks “how much power states want” and answers that all states want as much power as they can get, “because the international system creates powerful incentives for states to look for opportunities to gain power at the expense of rivals.” He concludes, “A state’s ultimate goal is to be the hegemon in the system.”45

    This grim view of international relations is akin to the populist and Marxist views of human relations, in that they all see humans as interested only in power. And they are all founded upon a deeper philosophical theory of human nature, which the primatologist Frans de Waal termed “veneer theory.” It argues that at heart humans are Stone Age hunters who cannot but see the world as a jungle where the strong prey upon the weak and where might makes right. For millennia, the theory goes, humans have tried to camouflage this unchanging reality under a thin and mutable veneer of myths and rituals, but we have never really broken free from the law of the jungle. Indeed, our myths and rituals are themselves a weapon used by the jungle’s top dogs to deceive and trap their inferiors. Those who don’t realize this are dangerously naive and will fall prey to some ruthless predator.46

    There are reasons to think, however, that “realists” like Mearsheimer have a selective view of historical reality and that the law of the jungle is itself a myth. As de Waal and many other biologists documented in numerous studies, real jungles—unlike the one in our imagination—are full of cooperation, symbiosis, and altruism displayed by countless animals, plants, fungi, and even bacteria. Eighty percent of all land plants, for example, rely on symbiotic relationships with fungi, and almost 90 percent of vascular plant families enjoy symbiotic relationships with microorganisms. If organisms in the rain forests of Amazonia, Africa, or India abandoned cooperation in favor of an all-out competition for hegemony, the rain forests and all their inhabitants would quickly die. That’s the law of the jungle.47

    As for Stone Age humans, they were gatherers as well as hunters, and there is no firm evidence that they had irrepressible warlike tendencies. While there are plenty of speculations, the first unambiguous evidence for organized warfare appears in the archaeological record only about thirteen thousand years ago, at the site of Jebel Sahaba in the Nile valley.48 Even after that date, the record of war is variable rather than constant. Some periods were exceptionally violent, whereas others were relatively peaceful. The clearest pattern we observe in the long-term history of humanity isn’t the constancy of conflict, but rather the increasing scale of cooperation. A hundred thousand years ago, Sapiens could cooperate only at the level of bands. Over the millennia, we have found ways to create communities of strangers, first on the level of tribes and eventually on the level of religions, trade networks, and states. Realists should note that states are not the fundamental particles of human reality, but rather the product of arduous processes of building trust and cooperation. If humans were interested only in power, they could never have created states in the first place. Sure, conflicts have always remained a possibility—both between and within states—but they have never been an inescapable destiny.

    War’s intensity depends not on an immutable human nature but on shifting technological, economic, and cultural factors. As these factors change, so does war, as was clearly demonstrated in the post-1945 era. During that period, the development of nuclear technology greatly increased the potential price of war. From the 1950s onward it became clear to the superpowers that even if they could somehow win an all-out nuclear exchange, their victory would likely be a suicidal achievement, involving the sacrifice of most of their population.

    Simultaneously, the ongoing shift from a material-based economy to a knowledge-based economy decreased the potential gains of war. While it has remained feasible to conquer rice paddies and gold mines, by the late twentieth century these were no longer the main sources of economic wealth. The new leading industries, like the semiconductor sector, came to be based on technical skills and organizational know-how that could not be acquired by military conquest. Accordingly, some of the greatest economic miracles of the post-1945 era were achieved by the defeated powers of Germany, Italy, and Japan, and by countries like Sweden and Singapore that eschewed military conflicts and imperial conquests.

    Finally, the second half of the twentieth century also witnessed a profound cultural transformation, with the decline of age-old militaristic ideals. Artists increasingly focused on depicting the senseless horrors of combat rather than on glorifying its architects, and politicians came to power dreaming more of domestic reforms than of foreign conquests. Due to these technological, economic, and cultural changes, in the decades following the end of World War II most governments stopped seeing wars of aggression as an appealing tool to advance their interests, and most nations stopped fantasizing about conquering and destroying their neighbors. While civil wars and insurgencies have remained commonplace, the post-1945 world has seen a significant decline in full-scale wars between states, and most notably in direct armed conflicts between great powers.49

    Numerous statistics attest to the decline of war in this post-1945 era, but perhaps the clearest evidence is found in state budgets. For most of recorded history, the military was the number one item on the budget of every empire, sultanate, kingdom, and republic. Governments spent little on health care and education, because most of their resources were consumed by paying soldiers, constructing walls, and building warships. When the bureaucrat Chen Xiang examined the annual budget of the Chinese Song dynasty for the year 1065, he found that out of sixty million minqian (currency unit), fifty million (83 percent) were consumed by the military. Another official, Cai Xiang, wrote, “If [we] split [all the property] under Heaven into six shares, five shares are spent on the military, and one share is spent on temple offerings and state expenses. How can the country not be poor and the people not in difficulty?”50

    The same situation prevailed in many other polities, from ancient times to the modern era. The Roman Empire spent about 50–75 percent of its budget on the military,51 and the figure was about 60 percent in the late seventeenth-century Ottoman Empire.52 Between 1685 and 1813 the share of the military in British government expenditure averaged 75 percent.53 In France, military expenditure between 1630 and 1659 varied between 89 percent and 93 percent of the budget, remained above 30 percent for much of the eighteenth century, and dropped to a low of 25 percent in 1788 only due to the financial crisis that led to the French Revolution. In Prussia, from 1711 to 1800 the military share of the budget never fell below 75 percent and occasionally reached as high as 91 percent.54 During the relatively peaceful years of 1870–1913, the military ate up an average of 30 percent of the state budgets of the major powers of Europe, as well as Japan and the United States, while smaller powers like Sweden were spending even more.55 When war broke out in 1914, military budges skyrocketed. During their involvement in World War I, French military expenditure averaged 77 percent of the budget; in Germany it was 91 percent, in Russia 48 percent, in the U.K. 49 percent, and in the United States 47 percent. During World War II, the U.K. figure rose to 69 percent and the U.S. figure to 71 percent.56 Even during the détente years of the 1970s, Soviet military expenditure still amounted to 32.5 percent of the budget.57

    State budgets in more recent decades make for far more hopeful reading material than any pacifist tract ever composed. In the early twenty-first century, the worldwide average government expenditure on the military has been only around 7 percent of the budget, and even the dominant superpower of the United States spent only around 13 percent of its annual budget to maintain its military hegemony.58 Since most people no longer lived in terror of external invasion, governments could invest far more money in welfare, education, and health care. Worldwide average expenditure on health care in the early twenty-first century has been about 10 percent of the government budget, or about 1.4 times the defense budget.59 For many people in the 2010s, the fact that the health-care budget was bigger than the military budget was unremarkable. But it was the result of a major change in human behavior, and one that would have sounded impossible to most previous generations.

    The decline of war didn’t result from a divine miracle or from a metamorphosis in the laws of nature. It resulted from humans changing their own laws, myths, and institutions and making better decisions. Unfortunately, the fact that this change has stemmed from human choice also means that it is reversible. Technology, economics, and culture are ever changing. In the early 2020s, more leaders are again dreaming of martial glory, armed conflicts are on the rise,60 and military budgets are increasing.61

    A critical threshold was crossed in early 2022. Russia had already destabilized the global order by mounting a limited invasion of Ukraine in 2014 and occupying Crimea and other regions in eastern Ukraine. But on February 24, 2022, Vladimir Putin launched an all-out assault aimed to conquer the whole of Ukraine and extinguish Ukrainian nationhood. To prepare and sustain this attack, Russia increased its military budget far beyond the global average of 7 percent. Exact figures are difficult to determine, because many aspects of the Russian military budget are shrouded in secrecy, but the best estimates put the figure somewhere in the vicinity of 30 percent, and it may even be higher.62 The Russian onslaught in turn has forced not only Ukraine but also many other European nations to increase their own military budgets.63 The reemergence of militaristic cultures in places like Russia, and the development of unprecedented cyber weapons and autonomous armaments throughout the world, could result in a new era of war, worse than anything we have seen before.

    The decisions leaders like Putin make on matters of war and peace are shaped by their understanding of history. Which means that just as overly optimistic views of history could be dangerous illusions, overly pessimistic views could become destructive self-fulfilling prophecies. Prior to his all-out 2022 attack on Ukraine, Putin had often expressed his historical conviction that Russia is trapped in an endless struggle with foreign enemies, and that the Ukrainian nation is a fabrication by these enemies. In June 2021, he published a fifty-three-hundred-word essay titled “On the Historical Unity of Russians and Ukrainians” in which he denied the existence of Ukraine as a nation and argued that foreign powers have repeatedly tried to weaken Russia by fostering Ukrainian separatism. While professional historians reject these claims, Putin seems to genuinely believe in this historical narrative.64 Putin’s historical convictions led him in 2022 to prioritize the conquest of Ukraine over other policy goals, such as providing Russian citizens with better health care or spearheading a global initiative to regulate AI.65

    If leaders like Putin believe that humanity is trapped in an unforgiving dog-eat-dog world, that no profound change is possible in this sorry state of affairs, and that the relative peace of the late twentieth century and early twenty-first century was an illusion, then the only choice remaining is whether to play the part of predator or prey. Given such a choice, most leaders would prefer to go down in history as predators and add their names to the grim list of conquerors that unfortunate pupils are condemned to memorize for their history exams. These leaders should be reminded, however, that in the era of AI the alpha predator is likely to be AI.

    Perhaps, though, we have more choices available to us. I cannot predict what decisions people will make in the coming years, but as a historian I do believe in the possibility of change. One of the chief lessons of history is that many of the things that we consider natural and eternal are, in fact, man-made and mutable. Accepting that conflict is not inevitable, however, should not make us complacent. Just the opposite. It places a heavy responsibility on all of us to make good choices. It implies that if human civilization is consumed by conflict, we cannot blame it on any law of nature or any alien technology. It also implies that if we make the effort, we can create a better world. This isn’t naïveté; it’s realism. Every old thing was once new. The only constant of history is change.

    Epilogue

    In late 2016, a few months after AlphaGo defeated Lee Sedol and as Facebook algorithms were stoking dangerous racist sentiments in Myanmar, I published Homo Deus. Though my academic training had been in medieval and early modern military history, and though I have no background in the technical aspects of computer science, I suddenly found myself, post-publication, with the reputation of an AI expert. This opened the doors to the offices of scientists, entrepreneurs, and world leaders interested in AI and afforded me a fascinating, privileged look into the complex dynamics of the AI revolution.

    It turned out that my previous experience researching topics such as English strategy in the Hundred Years’ War and studying paintings from the Thirty Years’ War1 wasn’t entirely unrelated to this new field. In fact, it gave me a rather unique historical perspective on the events unfolding rapidly in AI labs, corporate offices, military headquarters, and presidential palaces. Over the past eight years I have had numerous public and private discussions about AI, particularly about the dangers it poses, and with each passing year the tone has become more urgent. Conversations that in 2016 felt like idle philosophical speculations about a distant future had, by 2024, acquired the focused intensity of an emergency room.

    I am neither a politician nor a businessperson and have little talent for what these vocations demand. But I do believe that an understanding of history can be useful in gaining a better grasp of present-day technological, economic, and cultural developments—and, more urgently, in changing our political priorities. Politics is largely a matter of priorities. Should we cut the health care budget and spend more on defense? Is our more pressing security threat terrorism or climate change? Do we focus on regaining a lost patch of ancestral territory or concentrate on creating a common economic zone with the neighbors? Priorities determine how citizens vote, what businesspeople are concerned about, and how politicians try to make a name for themselves. And priorities are often shaped by our understanding of history.

    While so-called realists dismiss historical narratives as propaganda ploys deployed to advance state interests, in fact it is these narratives that define state interests in the first place. As we saw in our discussion of Clausewitz’s theory of war, there is no rational way to define ultimate goals. The state interests of Russia, Israel, Myanmar, or any other country can never be deduced from some mathematical or physical equation; they are always the supposed moral of a historical narrative.

    It is therefore hardly surprising that politicians all over the world spend a lot of time and effort recounting historical narratives. The above-mentioned example of Vladimir Putin is hardly exceptional in this respect. In 2005 the UN secretary-general, Kofi Annan, had his first meeting with General Than Shwe, the then dictator of Myanmar. Annan was advised to speak first, so as to prevent the general from monopolizing the conversation, which was meant to last only twenty minutes. But Than Shwe struck first and held forth for nearly an hour on the history of Myanmar, hardly giving the UN secretary-general any chance to speak.2 In May 2011 the Israeli prime minister, Benjamin Netanyahu did something similar in the White House, when he met the U.S. president, Barack Obama. After Obama’s brief introductory remarks, Netanyahu subjected the president to a long lecture about the history of Israel and the Jewish people, treating Obama as if he were his student.3 Cynics might argue that Than Shwe and Netanyahu hardly cared about the facts of history and were deliberately distorting them in order to achieve some political goal. But these political goals were themselves the product of deeply held convictions about history.

    In my own conversations on AI with politicians, as well as tech entrepreneurs, history has often emerged as a central theme. Some of my interlocutors painted a rosy picture of history and were accordingly enthusiastic about AI. They argued that more information has always meant more knowledge and that by increasing our knowledge, every previous information revolution has greatly benefited humankind. Didn’t the print revolution lead to the scientific revolution? Didn’t newspapers and radio lead to the rise of modern democracy? The same, they said, would happen with AI. Others had a dimmer perspective, but nevertheless expressed hope that humankind will somehow muddle through the AI revolution, just as we muddled through the Industrial Revolution.

    Neither view offered me much solace. For reasons explained in previous chapters, I find such historical comparisons to the print revolution and the Industrial Revolution distressing, especially coming from people in positions of power, whose historical vision is informing the decisions that shape our future. These historical comparisons underestimate both the unprecedented nature of the AI revolution and the negative aspects of previous revolutions. The immediate results of the print revolution included witch hunts and religious wars alongside scientific discoveries, while newspapers and radio were exploited by totalitarian regimes as well as by democracies. As for the Industrial Revolution, adapting to it involved catastrophic experiments such as imperialism and Nazism. If the AI revolution leads us to similar kinds of experiments, can we really be certain we will muddle through again?

    My goal with this book is to provide a more accurate historical perspective on the AI revolution. This revolution is still in its infancy, and it is notoriously difficult to understand momentous developments in real time. It is hard, even now, to assess the meaning of events in the 2010s like AlphaGo’s victory or Facebook’s involvement in the anti-Rohingya campaign. The meaning of events of the early 2020s is even more obscure. Yet by expanding our horizons to look at how information networks developed over thousands of years, I believe it is possible to gain some insight on what we’re living through today.

    One lesson is that the invention of new information technology is always a catalyst for major historical changes, because the most important role of information is to weave new networks rather than represent preexisting realities. By recording tax payments, clay tablets in ancient Mesopotamia helped forge the first city-states. By canonizing prophetic visions, holy books spread new kinds of religions. By swiftly disseminating the words of presidents and citizens, newspapers and telegraphs opened the door to both large-scale democracy and large-scale totalitarianism. The information thus recorded and distributed was sometimes true, often false, but it invariably created new connections between larger numbers of people.

    We are used to giving political, ideological, and economic interpretations to historical revolutions such as the rise of the first Mesopotamian city-states, the spread of Christianity, the American Revolution, and the Bolshevik Revolution. But to gain a deeper understanding, we should also view them as revolutions in the way information flows. Christianity was obviously different from Greek polytheism in many of its myths and rites, yet it was also different in the importance it gave to a single holy book and the institution entrusted with interpreting it. Consequently, whereas each temple of Zeus was a separate entity, each Christian church became a node in a unified network.4 Information flowed differently among the followers of Christ than among the worshippers of Zeus. Similarly, Stalin’s U.S.S.R. was a different kind of information network from Peter the Great’s empire. Stalin enacted many unprecedented economic policies, but what enabled him to do it is that he headed a totalitarian network in which the center accumulated enough information to micromanage the lives of hundreds of millions of people. Technology is rarely deterministic, and the same technology can be used in very different ways. But without the invention of technologies like the book and the telegraph, the Christian Church and the Stalinist apparatus would never have been possible.

    This historical lesson should strongly encourage us to pay more attention to the AI revolution in our current political debates. The invention of AI is potentially more momentous than the invention of the telegraph, the printing press, or even writing, because AI is the first tool that is capable of making decisions and generating ideas by itself. Whereas printing presses and parchment scrolls offered new means for connecting people, AIs are full-fledged members in our information networks. In coming years, all information networks—from armies to religions—will gain millions of new AI members, who will process data very differently than humans. These new members will make alien decisions and generate alien ideas—that is, decisions and ideas that are unlikely to occur to humans. The addition of so many alien members is bound to change the shape of armies, religions, markets, and nations. Entire political, economic, and social systems might collapse, and new ones will take their place. That’s why AI should be a matter of utmost urgency even to people who don’t care about technology and who think the most important political questions concern the survival of democracy or the fair distribution of wealth.

    This book has juxtaposed the discussion of AI with the discussion of sacred canons like the Bible, because we are now at the critical moment of AI canonization. When church fathers like Bishop Athanasius decided to include 1 Timothy in the biblical dataset while excluding the Acts of Paul and Thecla, they shaped the world for millennia. Billions of Christians down to the twenty-first century have formed their views of the world based on the misogynist ideas of 1 Timothy rather than on the more tolerant attitude of Thecla. Even today it is difficult to reverse course, because the church fathers chose not to include any self-correcting mechanisms in the Bible. The present-day equivalents of Bishop Athanasius are the engineers who write the initial code for AI, and who choose the dataset on which the baby AI is trained. As AI grows in power and authority, and perhaps becomes a self-interpreting holy book, so the decisions made by present-day engineers could reverberate down the ages.

    Studying history does more than just emphasize the importance of the AI revolution and of our decisions regarding AI. It also cautions us against two common but misleading approaches to information networks and information revolutions. On the one hand, we should beware of an overly naive and optimistic view. Information isn’t truth. Its main task is to connect rather than represent, and information networks throughout history have often privileged order over truth. Tax records, holy books, political manifestos, and secret police files can be extremely efficient in creating powerful states and churches, which hold a distorted view of the world and are prone to abuse their power. More information, ironically, can sometimes result in more witch hunts.

    There is no reason to expect that AI would necessarily break the pattern and privilege truth. AI is not infallible. What little historical perspective we have gained from the alarming events in Myanmar, Brazil, and elsewhere over the past decade indicates that in the absence of strong self-correcting mechanisms AIs are more than capable of promoting distorted worldviews, enabling egregious abuses of power, and instigating terrifying new witch hunts.

    On the other hand, we should also beware of swinging too far in the other direction and adopting an overly cynical view. Populists tell us that power is the only reality, that all human interactions are power struggles, and that information is merely a weapon we use to vanquish our enemies. This has never been the case, and there is no reason to think that AI will make it so in the future. While many information networks do privilege order over truth, no network can survive if it ignores truth completely. As for individual humans, we tend to be genuinely interested in truth rather than only in power. Even institutions like the Spanish Inquisition have had conscientious truth-seeking members like Alonso de Salazar Frías, who, instead of sending innocent people to their deaths, risked his life to remind us that witches are just intersubjective fictions. Most people don’t view themselves as one-dimensional creatures obsessed solely with power. Why, then, hold such a view about everyone else?

    Refusing to reduce all human interactions to a zero-sum power struggle is crucial not just for gaining a fuller, more nuanced understanding of the past but also for having a more hopeful and constructive attitude about our future. If power were the only reality, then the only way to resolve conflicts would be through violence. Both populists and Marxists believe that people’s views are determined by their privileges, and that to change people’s views it is necessary to first take away their privileges—which usually requires force. However, since humans are interested in truth, there is a chance to resolve at least some conflicts peacefully, by talking to one another, acknowledging mistakes, embracing new ideas, and revising the stories we believe. That is the basic assumption of democratic networks and of scientific institutions. It has also been the basic motivation behind writing this book.

    EXTINCTION OF THE SMARTEST

    Let’s return now to the question I posed at the beginning of this book: If we are so wise, why are we so self-destructive? We are at one and the same time both the smartest and the stupidest animals on earth. We are so smart that we can produce nuclear missiles and superintelligent algorithms. And we are so stupid that we go ahead producing these things even though we’re not sure we can control them and failing to do so could destroy us. Why do we do it? Does something in our nature compel us to go down the path of self-destruction?

    This book has argued that the fault isn’t with our nature but with our information networks. Due to the privileging of order over truth, human information networks have often produced a lot of power but little wisdom. For example, Nazi Germany created a highly efficient military machine and placed it at the service of an insane mythology. The result was misery on an enormous scale, the death of tens of millions of people, and eventually the destruction of Nazi Germany, too.

    Of course, power is not in itself bad. When used wisely, it can be an instrument of benevolence. Modern civilization, for example, has acquired the power to prevent famines, contain epidemics, and mitigate natural disasters such as hurricanes and earthquakes. In general, the acquisition of power allows a network to deal more effectively with threats coming from outside, but simultaneously increases the dangers that the network poses to itself. It is particularly noteworthy that as a network becomes more powerful, imaginary terrors that exist only in the stories the network itself invents become potentially more dangerous than natural disasters. A modern state faced with drought or excessive rains can usually prevent this natural disaster from causing mass starvation among its citizens. But a modern state gripped by a man-made fantasy is capable of instigating man-made famines on an enormous scale, as happened in the U.S.S.R. in the early 1930s.

    Accordingly, as a network becomes more powerful, its self-correcting mechanisms become more vital. If a Stone Age tribe or a Bronze Age city-state was incapable of identifying and correcting its own mistakes, the potential damage was limited. At most, one city was destroyed, and the survivors tried again elsewhere. Even if the ruler of an Iron Age empire, such as Tiberius or Nero, was gripped by paranoia or psychosis, the consequences were seldom catastrophic. The Roman Empire endured for centuries despite its fair share of mad emperors, and its eventual collapse did not bring about the end of human civilization. But if a Silicon Age superpower has weak or nonexistent self-correcting mechanisms, it could very well endanger the survival of our species, and countless other life-forms, too. In the era of AI, the whole of humankind finds itself in an analogous situation to Tiberius in his Capri villa. We command immense power and enjoy rare luxuries, but we are easily manipulated by our own creations, and by the time we wake up to the danger, it might be too late.

    Unfortunately, despite the importance of self-correcting mechanisms for the long-term welfare of humanity, politicians might be tempted to weaken them. As we have seen throughout the book, though neutralizing self-correcting mechanisms has many downsides, it can nevertheless be a winning political strategy. It could deliver immense power into the hands of a twenty-first-century Stalin, and it would be foolhardy to assume that an AI-enhanced totalitarian regime would necessarily self-destruct before it could wreak havoc on human civilization. Just as the law of the jungle is a myth, so also is the idea that the arc of history bends toward justice. History is a radically open arc, one that can bend in many directions and reach very different destinations. Even if Homo sapiens destroys itself, the universe will keep going about its business as usual. It took four billion years for terrestrial evolution to produce a civilization of highly intelligent apes. If we are gone, and it takes evolution another hundred million years to produce a civilization of highly intelligent rats, it will. The universe is patient.

    There is, though, an even worse scenario. As far as we know today, apes, rats, and the other organic animals of planet Earth may be the only conscious entities in the entire universe. We have now created a nonconscious but very powerful alien intelligence. If we mishandle it, AI might extinguish not only the human dominion on Earth but the light of consciousness itself, turning the universe into a realm of utter darkness. It is our responsibility to prevent this.

    The good news is that if we eschew complacency and despair, we are capable of creating balanced information networks that will keep their own power in check. Doing so is not a matter of inventing another miracle technology or landing upon some brilliant idea that has somehow escaped all previous generations. Rather, to create wiser networks, we must abandon both the naive and the populist views of information, put aside our fantasies of infallibility, and commit ourselves to the hard and rather mundane work of building institutions with strong self-correcting mechanisms. That is perhaps the most important takeaway this book has to offer.

    This wisdom is much older than human history. It is elemental, the foundation of organic life. The first organisms weren’t created by some infallible genius or god. They emerged through an intricate process of trial and error. Over four billion years, ever more complex mechanisms of mutation and self-correction led to the evolution of trees, dinosaurs, jungles, and eventually humans. Now we have summoned an alien inorganic intelligence that could escape our control and put in danger not just our own species but countless other life-forms. The decisions we all make in the coming years will determine whether summoning this alien intelligence proves to be a terminal error or the beginning of a hopeful new chapter in the evolution of life.

  • 张平:人工智能生成内容著作权合法性的制度难题及其解决路径

    一、问题的提出

    生成式人工智能的迅猛发展给著作权制度提出了许多新的议题,生成式人工智能的研发阶段涉及训练数据的著作权合法授权,其利用阶段涉及生成内容的作品著作权属性以及生成内容的著作权归属和侵权判断问题。学术界最先关注的是人工智能生成内容(AIGC)的作品性认定问题,产业界首先遭遇的是训练数据的合法性指控问题,而真正对著作权制度基本理论构成挑战的是人工智能内容生成机制对“思想—表达二分法”的冲击。人工智能可以快速学习人类任何在先作品,生成风格一致但表达完全不同的结果,“思想与表达”无法“二分”。对此,传统上“接触+相似”的侵权判断标准不再“灵验”。如果说“文生文”的人工智能内容生成机制还勉强可以适用现有著作权保护规则,那么在“文生图”“文生视频”“语音生图文”“语音生视频”以及未来可能出现的“文生3D”“语音生3D”等完全超越了传统“复制”“改编”“发行”概念的场景下,人工智能著作权保护体系就只剩下主张人工智能训练数据合法授权的问题,传统著作权制度无法对其进行规制。

    实际上,生成式人工智能研发阶段的训练数据和利用阶段的内容生成的焦点问题,都集中在了现有制度无法对人工智能获取训练素材和生成内容的知识产权保护规则形成统一有效的解释。其原因在于,规则所形成的规范分析逻辑并未完全契合现阶段应当呈现的市场发展逻辑,规范所构建的保护框架并未完全契合当前人工智能发展的产业政策。本文在该认知背景下,将人工智能研发阶段的训练数据和利用阶段的内容产生的过程总结为人工智能内容生成机制,将对该机制中存在的问题如人工智能生成内容的作品属性认定难题、训练数据的著作权合法性认定难题进行类型化分析,并综合性地提出有关问题的解决思路和方法。这些思路和方法并不采用打补丁式的单一化设置方案,而是综合性地尝试解决体系性认知问题,稳固思想表达二分法的基础原则,尝试提出署名和其他著作权分离的制度设计,通过合法购买与合同约定风险承担、打开预训练阶段数据获取的著作权合理使用闸口,借助避风港等互联网治理规则实现责任豁免、集体管理组织集中授权、建立开放授权的数据资源等多元化方案解决内容生成机制中存在的诸多问题,以期化解传统法律制度对人工智能发展的障碍,实现认知和解决方法上的突破。

    二、人工智能生成内容的作品属性认定及认知思路调整

    自人工智能生成内容出现以来,最先受到关注的是生成内容作品属性的问题,即对生成内容能否给予著作权保护。对于人工智能生成内容的可著作权性问题,需要从以下两个方面展开讨论:第一,现行著作权制度以“人”的智力成果作为作品起点,认定人工智能生成内容的可著作权性是否存在制度障碍。第二,若承认人工智能生成内容的可著作权性,人工智能生成的内容哪些应当被纳入著作权的客体范围,进而,生成内容与既有作品之间发生侵权纠纷时,传统的著作权侵权认定标准能否沿用的问题。即在人工智能生成内容这一场景下,如何具体进行实质性相似判断和“思想表达二分法”的适用以及调整规则认知思路的问题。

    (一)人工智能生成内容的作品属性

    人工智能生成内容能否构成作品,现有研究多聚焦生成内容是否具有独创性这一条件进行讨论。目前学术界有不同观点:一种观点持主体判断说,认为机器不能创作,不是法律保护的主体;人工智能生成内容属于应用算法、规则和模板的结果,缺乏创作的独特性,因而不能将其认定为作品。作品的前提是由自然人作者创作,作品的主体必须是自然人,该前提与作品的可著作权性紧密相关,人工智能生成内容不能满足现行著作权法对于作品的要求,难以成为著作权客体。另一种观点持客体判断说,主张应当以生成内容本身的独创性来判断其是否构成作品;对独创性的判断,只考虑人工智能生成内容的表达本身即可,无需考虑创作过程中是否包含“思想”和“人格”。也有观点认为人工智能生成内容实际上是人生成的内容,是否构成作品,应当按照著作权法上的作品标准进行判断,人工智能生成内容不具有特殊性;创作者身份不应是作品受保护的构成条件,著作权法应该考量该人工智能的生成内容与他人的作品不构成实质性相似,且采用“一般社会公众”认可的评价标准,在此前提下,该生成内容即可以作为著作权法意义上的作品加以看待。上述观点的核心争议在于作品的创作主体是否必须为自然人。

    随着现代商品经济发展,现代知识产权制度是知识商品化的产物,作者身份属性逐步淡化。诸如计算机软件、工程设计图、地图等虽不属于体现作者思想情感的作品,但也被纳入著作权法的客体范围,作品的商品化发展使得作者与作品之间的内在联系逐步分离,计算机软件受到著作权法的保护即为例证;市场主体更关心计算机软件的市场价值,著作权法将其纳入作品范围,权利属性更为明确,市场交易更为便捷,而创作的作者是谁、该计算机软件能否体现作者的个性表达等等与作者身份属性相关的问题,较难对市场主体的决定产生关键影响。同时,作品的商品化恰好契合了产业政策的要求。产业政策论以产业发展为宗旨,将知识产权设计为市场经济下的“私权”,目的在于有效激励市场主体参与竞争。人工智能生成内容的出现,意味着作品商品化发展进入了新的阶段,将人工智能生成内容纳入知识产权的设计框架,强化作品本身的市场价值,不仅符合知识产权制度的演进逻辑,而且对人工智能产业的长远发展具有重要意义。

    应当注意到的是,“主体判断说”的主要依据是《著作权法》第3条中的“智力成果”,因此学者们提出作品必须是人类的智力活动、创作活动的产物。实际上,人工智能生成内容是人机混同的智力成果。人工智能软件模型由人类设计而成。人类设定原始参数和运算逻辑,安排人工智能软件模型进行语料训练;人工智能软件模型面对输入的海量数据进行机器学习,并经人类进行反复调试达到对输出的预期标准后,最终输出生成的结果。整个过程无不体现人类的参与和安排。因此,人工智能生成内容并没有脱离著作权法的人格主义基础。同时,著作权法保护的客体范围也在不断发生变化,如游戏画面和体育赛事画面能否构成作品,曾一度成为学界争议的问题;其中赛事画面具有随机性和不可复制性,难以固定,是否能成为作品,是学界争议的核心。近年来,从我国的司法实践立场以及域外法判例发展来看,智力成果的固定性并不要求每次展示的具体形态确定,仅仅要求该画面足以被感知。相比于游戏画面和体育赛事画面,人工智能生成内容受算法的支配程度更高,输出的内容仍然在人类设定的算法框架控制之中,只是随着科技水平的提高,媒介发生了变化,但本质上还是体现了人类个性化的安排和选择。因此,探讨人工智能生成内容的可著作权性不应采用比游戏画面更高的认定标准。此外,人类使用相机拍摄的照片能否构成作品也曾引发热烈争议。争议焦点之一在于,相比于美术作品,机器工具做了更大贡献,人类对作品的贡献度不及之前;但正如“AI文生图”著作权案的判决书所说,技术的发展过程,是把人的工作逐渐外包给机器的过程。摄影技术随着科技的发展,功能愈发强大,能够在人类按下摄影键的极短时间内,对照片进行调整、修改后输出成片,但只要该照片能够满足作品的独创性要求,体现人类的个性化表达安排,仍然构成著作权法意义上的作品。而人工智能生成内容是人类通过算法运作控制机器输出的内容,照片同样是人类通过对摄像机的操作输出的画面,二者本质上都是人类操作机器工具的结果;只是随着技术迭代和创新,机器工具发生了变化而已。虽然人工智能有强大的生成能力,但从创作素材、创作过程和创作完成阶段来看,人工智能仍居于辅助性的角色,人类在创作过程中依然发挥着主导和决定性的作用。因此,探讨人工智能生成内容的可著作权性并不在于比较人类和机器对于生成结果的贡献比例,而在于探讨人类贡献的部分能否达到著作权法要求的一般的独创性标准。基于此,采用“客体判断说”这一标准来认定人工智能生成内容的可著作权性,并不存在制度障碍。

    依据“客体判断说”,独创性判断只需对作品的表达本身做客观评价。独创性包含“独立完成和创造性”两个基本要素。整体而言,人工智能生成的内容与既有表达不同,即具有独创性。具体来说,“独立完成”意味着该作品由创作者独立完成,而非抄袭的结果,既包括从无到有独立地创造出来,也包括在现有作品的基础上进行再创作。在算法规则的运作下,人工智能根据使用者输入的提示词,综合运用文本表达、图文转化等模型自主生成具体的内容,生成内容符合“独”的要求。而关于“创造性”,从立法目的来看,著作权法并不要求作品达到专利法的“创造性”高度,著作权法旨在鼓励大众追求文化发展的多样性。从司法实践来看,法院认定“独创性”的法律标准并不高,诸如聊天表情、十几秒短视频、电子红包等都能达到“独创性”的门槛,均已受到著作权法的保护。人工智能生成内容是人类经过反复的模型调试、输入海量数据进行深度学习并不断优化的结果。不同的大语言模型即使收到相同的语言指令,输出的内容也各有不同,无不体现软件开发者的个性化选择和安排。人工智能生成的内容并不只是程式化的机械输出,人工智能能够根据指令的情景要求,不断优化、修改输出的内容,呈现不同的表达结果。人工智能生成内容应与人类作品持同一认定尺度,无需另立标准、施加更严苛的认定标准。当前,诸如儿童随手涂鸦的画作、随手取景的照片等人类创作物大多能被认定构成作品,人类大量投入研发、优化的人工智能算法生成的内容也应被认定为满足“创造性”的要求。

    然而,需注意的是,人工智能生成内容是否构成作品,不可一概而论,并不是所有人工智能生成的内容都会被赋予著作权保护。个案中的人工智能生成内容所体现的个性化安排、人类参与投入的贡献度、对创作要素的选择等等不尽相同,故不宜对人工智能生成内容整体进行可著作权性认定。人工智能生成内容能否构成作品,应该具体考虑个案的不同情景,只有生成内容能达到作品的“试金石”——独创性的判断标准,达到作品的“可著作权性”要求,才可构成作品,受到我国《著作权法》的保护。

    (二)“思想—表达二分法”的再认识

    “思想—表达二分法”是著作权法对作品判断的一项基本原则,即著作权法只保护思想的表达(expression),不保护思想本身(ideas)。“思想—表达二分法”的创设逻辑是,人们学习既有作品的风格、灵感进而创作出新作品的能力十分有限,即使不保护在先作品中的思想,也并不会导致不同主体之间利益的显著失衡。然而,生成式人工智能可以在短时间内快速“学完”人类社会海量思想、知识和风格的基础上,进行无限的、全新的内容生成。人工智能参与到“创作”中,很容易瞬间学习到他人的创作思想和风格,然后输出表达完全不同而风格极其相似的结果。比如针对画家梵高的“星空”油画作品,人工智能可以生成无数的风格一致但表达完全不同的作品。基于此,在人工智能的著作权问题讨论中,“思想—表达二分法”的原则面临两大挑战:一是人工智能生成的内容哪些属于思想,哪些属于思想的表达,即应划定著作权法的保护范围。二是在人工智能生成内容的侵权判定中,“思想—表达二分法”能否继续适用。事实上,人工智能的创作行为实质上利用了人类所设定的创作方式,人工智能通过模仿人类的创作模式,学习既有作品的风格、创意,根据人类的文字指令,输出新的表达内容。其中,作品的风格、创意仍然属于思想的范畴,不具有独创性。当前,人工智能能够对相同的情境、文字指令,采用不同的、非模板化的描述,输出许多不同的表达。正如对同一主题思想,不同的人能写出不同内容的文字,人工智能相当于利用其算法规则和强大的机器学习能力实现了在短时间内围绕同一指令进行多篇写作,输出具有多样性的表达结果。因此,人工智能输出的多种表达结果如果能够满足前述“独立完成”和“创造性”的要求,即可构成作品,受到著作权法的保护。值得注意的是,当前人工智能对于思想的模仿和内容的产出已经可以达到以假乱真的程度。在此背景下,学界对于“思想—表达二分法”的讨论又进入一个高峰。关于原作品权利人主张人工智能生成内容构成侵权问题的化解,需要首先解决“思想表达二分法”划定的著作权保护范围这一基本问题。为此,应当从人工智能生成内容的全阶段进行思考。人工智能生成内容经历了“原有表达—提炼思想—新的表达”的生成过程,人工智能通过模仿原作品的风格、创意、构思、创作元素等进行了创作,这些内容属于思想的范畴,不受著作权法的保护。人工智能通过提炼原作品的“思想”部分,进行深度学习,再根据指令输出不同形式的表达,尽管外观上与原作品的表现形式类似,但生成内容已是经过算法运作后的新的表达,独立于原有表达,应当受到著作权法的保护。人类利用科学技术进步,极大地提高了学习现有作品的速度和提炼“思想”的效率,因而在认定生成内容与原作品的侵权认定判断中,应当重视“提炼思想”这一核心标准。

    另一个重要面向是,对生成内容的法律分析,应注意区分数据输入阶段和输出阶段。在数据输入阶段,有观点认为人工智能在数据训练阶段,对大量的作品样本进行学习和模仿,属于对著作权人作品集中具有独创性的创作规律的侵权性使用。在著作权侵权认定的司法实践中,法官通常采用“接触+实质性相似”这一侵权认定标准,其中“接触”原则上由原告承担证明责任,即原告需要证明被告有“接触”在先作品的条件和事实,且被告具有非正当性目的。但是,这种证明对原告而言非常困难。生成式人工智能模型训练中的作品利用,是在模型内部进行的非外显性作品利用。这就导致了即使自身作品未经授权被人工智能模型用于训练,著作权人实际上也难以发现并提供相应的证据。根据目前实践,大模型公司并不会完全披露数据集的确切来源,原告所能提供的证据仅为大模型公司在训练过程中数据的权重和偏好及其与在先作品高度相似的生成内容。比如在纽约日报诉OpenAI和微软案中,原告提供的ChatGPT侵权行为最重要的证据,是《纽约时报》提供的100多个GPT-4输出内容和《纽约时报》报道文章高度相似的例子。通常认为,法院在构成“实质性相似”的认定中,应当以抽象过滤法为主,整体观察法为辅。但在数据训练的语境下,人工智能通过在大量既有作品中提取抽象内容,深度学习后,再添加属于公共领域的作品创作元素进行创作,对这一行为,按照传统的实质性相似的认定规则难以做出清晰判断,“思想—表达二分法”的适用范围受到严峻挑战。在输出阶段,针对人工智能生成内容是否侵犯既有作品著作权这一问题,著作权人也难以进行“实质性相似”标准的比对。生成式人工智能对于内容创作的颠覆性影响在于,其通过对在先作品思想、风格的吸收学习,以一种全新的方式,输出和既有作品相区分的内容表达。人工智能生成内容会与原作品“似曾相识”但又“似是而非”。如果按照传统的认定标准,由于学习了原作品的作品风格、模式进行创作,生成内容与原作品外观上“高度相似”,且能短时间内输出多种表达,思想与表达的界限更加模糊。相比于以往单部作品之间的认定,原作品需要与人工智能生成的多种表达进行比较,划出分界并非易事,“思想—表达二分法”原则的适用难度大大增加。

    基于此,如果按照传统的著作权侵权认定方法,既有作品的权利人将面临举证困难、难以主张权利等问题,人工智能产业也将面临训练数据合法性检验的难题。然而,数据训练是大语言模型构建的必要阶段,运用人工智能技术生成新的表达,体现了人工智能产业发展的市场价值,司法实践因此面临适用“思想—表达二分法”的巨大挑战。尽管如此,“思想—表达二分法”的基本逻辑不应受到动摇。人工智能经过学习提炼的思想可以转化为多种不同表达,社会公众在实质性相似问题的判断上并不应因为是人工智能产生的内容就会发生标准变化。如对于风格相同的画像,公众依然能够通过市场辨别出名家画作和人工智能生成的画作,故而应当继续坚持“思想—表达二分法”的底层逻辑,通过市场的调节实现对进入市场的作品的消费和甄选。

    综上,在生成式人工智能的技术背景下,与技术发展现实已经不相匹配的传统基础理论,应当进行适当的调适和发展,赋予其人工智能变革时代的新内涵,以便适应现实情况的新变化,更好满足权益保护和产业发展的需求。

    三、署名与其他著作权分离的制度设计

    在初步明确人工智能生成内容的作品可著作权性基础上,其生成内容的作者及权利归属自然成了无法回避的论题。著作权的取得方式是自动取得。对于典型的个人作品而言,作者与著作权人的身份同属一人,但对于委托作品、职务作品等特殊类型作品,两种身份又要分开讨论。因此,在人工智能生成内容的作者与权利归属的厘定中,应对作者认定与著作权归属进行分别讨论。智力成果无形性的根本特征决定了著作权依法律创设而生,因而对著作权人归属的分析应回归著作权法的设立目的。著作权法的设立目的在于保护并激发创作者创作的积极性,促进经济、科技的发展和文化、艺术的繁荣。人工智能在创造上具有超强能力,但并不会自主利用著作财产权推动知识信息的利用流动,无法实现法律赋予该权利之上的公共政策目标。倘若将权利分配给人工智能使用者,通过对使用者的著作人格权和财产权的保护,则能有效激励使用者的创作热情,使其继续利用人工智能创作出新的作品,形成一个对前端的激励和对后端权利行使的保障,构成一个有效的良性制度循环,最终达到增加社会福祉的目的。而倘若将人工智能视为著作权主体,就肯定了人工智能与人一样能够成为法律主体,那么在权利变动的意思表示、侵权责任的主体等问题上,就要为人工智能再次设定同等的权利和义务;在此背景下,如何认定人工智能的意思表示,如何判断人工智能的侵权故意等,不仅对现行法律是一个巨大的难题,而且是对伦理的颠覆性挑战。因此,无论从现行法的体系性协调,还是从著作权法的公共政策目标考量而言,将可以构成作品的生成内容的著作权归属于生成式人工智能的使用者,应是更为有效的制度选择。

    对于作者的认定,则成为在现行著作权法体系中难以突破的难题。我国著作权法中作者的身份仅限于自然人、法人和非法人组织,并不包含人工智能。但实际上,人工智能无法做出与作者身份绑定的署名行为,人工智能生成内容的标注义务也无法从著作权法上得到解释。对此,本文认为,署名与其他著作权在制度功能上存在差异,署名有必要从著作权体系中分离,对著作权利体系进行更细化的制度设置。尤其在生成式人工智能领域,署名行为与其他著作权专有权利控制行为的分离规则,应当成为厘清生成式人工智能的作者认定及归属问题的基础。

    (一)署名行为与其他著作权控制行为的分离与配置

    署名与其他著作权的分离在我国现行法关于职务作品与委托作品的规定中已有例证。根据《著作权法》第18条第2款的规定,当作品符合一般职务作品的特征时,作者对该作品享有署名权,著作权人的其他权利则由法人或非法人组织享有。委托作品同样如此,作者为受托人,委托人与受托人作为合同双方当事人可以约定著作权是否归属于委托人。可见,尽管署名权属于著作人身权,但并不必然与著作权人的身份挂钩,而是与作者这一身份挂钩。在现行著作权法规则中,署名并不必然依存于著作权,二者存在分离的可行性。究其原因,在于署名与其他著作权在制度功能上有所区分。著作人身权保护作者的名誉和身份,其中署名通过标注创作者身份以达成该目的,而发表权、修改权、保护作品完整权等人身权主要是通过对创作成果的完整性与市场化控制以保障人格利益,著作财产权则在于保障著作权人基于作品而产生和利用的经济效益。换言之,署名作为作者身份和作品之间联系的符号表达,体现作品的实际来源,而其他著作权体现的是对作品流转的控制。从署名推定的法律效果来看,署名行为意在表示实际创作者与作品的真实关系,这种关系仅由创作行为本身所决定,并不必然映射出著作权人的身份。署名行为的主体应当遵循谁创作谁署名的基本逻辑,这亦是贯彻诚实信用原则的基本体现。目前,对人工智能或人工智能生成内容的标注义务已经被多个国家和地区列为法定义务,但该类要求并未从著作权法的角度被解释为署名行为。在我国,依据《网络安全标准实践指南——生成式人工智能服务内容标识方法》的要求,标注行为被具体化为显示水印或隐式水印,实践中也采用了该做法。但如果仅要求以电子水印的方式代替法律意义上的署名,既无法涵盖纸质化的人工智能生成内容,也容易使人工智能生成内容的署名遭到技术性篡改。对人工智能生成内容的标注要求应上升到署名本质,满足实践需求并实现与著作权法的衔接。给人工智能生成内容署名并不意味着给它人格或给它法律主体地位。署名应该是一种标识,表明作品出处,是一种客观事实的反映。

    (二)生成式人工智能的特殊标识义务

    《伯尔尼公约》将署名表述为“表明作者身份的权利”(The right to identify as author, the right to claim authorship),此后多数国家在本国著作权法中将署名行为与表明作者身份行为画上了等号,但也有少数国家将署名与作者身份权分设,将署名作为表明作者身份的下属概念。因此,署名行为体现的究竟是作者身份还是创作行为本身就值得商榷。从历史沿革来看,署名最初表明的仅是创作行为,是无需意思表示的事实行为,后随着人权意识的日益发展而最终被冠以权利之名,署名权中的人格属性是在权利化过程中被后来赋予的。在法国18世纪末《表演权法》之前,署名行为的主体在世界范围内并不以具备人格精神为前提。本文认为,在目前对如何将人工智能纳入“以人为中心”的法律体系的讨论甚嚣尘上之际,对其署名的讨论可以回归到署名权利化之前,以署名行为为中心进行评判。参与创作过程的人工智能可以基于创作事实进行署名标注,这是基于未来作品流通的市场秩序考量,更是诚实信用原则的体现。在人工智能署名行为的具体展开上,应当充分考量人工智能的风险属性,其署名应受到严格限制。自然人创作作品后,仅有以何种方式署名或不署名的权利,署名权不可转让、不可放弃。对于人工智能而言,由于人工智能本身应受监督与管理,其对署名自主选择的空间应当更为狭窄。署名的目的在于避免混淆,而人工智能生成服务的标注方式又相对固定。因此,人工智能的署名不仅是不可选择、不可放弃的,而且应当是强制的,且署名人或单位要对署名的真实性与可视化承担责任。这种强制标识义务与知识产权中的商标权较为相似。尽管商标权包括利用与排他权能,但根据《商标法》第6条规定,“法律、行政法规规定必须使用注册商标的商品,必须申请商标注册,未经核准注册的,不得在市场销售”。与此相对应,我国《烟草专卖法》第19条规定“卷烟、雪茄烟和有包装的烟丝必须申请商标注册,未经核准注册的,不得生产、销售”。事实上,尽管法律提出了如果不实际使用商标有可能面临商标被撤销的风险,但是原则上,法律对商标权人是否在商品或者服务上使用注册商标并未提出强制性要求。在国家严格管理的领域中,商标权人的商标利用权能受到限制,必须在该类商品或服务中使用注册商标以建立标识、形成品牌、避免混淆。人工智能领域同样如此,不同于普通商品或服务,人工智能的技术、设备、系统和应用具有多样性、复杂性和不透明性,其对社会、经济和个人隐私会产生潜在影响,故人工智能领域的标注行为同样应当被强制。这既是人工智能的特点所决定的,也是构建技术信任与科技伦理的前提。

    (三)构建人工智能生成内容的多方权益共享机制

    署名与其他著作权的分离,反映了不同类型的社会互动和符号交换的需求。署名关注的是个人身份的确认和社会认同的建立,是一种基于个人名誉和社会地位构建的符号交换,而其他著作权则更多关注作品如何在社会和经济领域中被使用和流通,涉及更广泛的社会经济互动和符号交换。著作权法中将署名与其他著作权的分离,表明法律体系承认了作者个人身份与作品经济利用之间复杂的社会关系,并提供了一种平衡这些不同需求和互动的方式。这种分离不仅保护了实际创作者的人格利益,而且提升了作品的社会和经济利用的灵活性,照顾到了人工智能设计者、使用者及与社会公众享受多样文化生活的利益。本质上,要求对人工智能生成内容进行署名行为的目的在于突破署名行为的权利外观,实现多方权益的平衡。

    构建共享机制的更深层次原因在于,人工智能的精准有效治理并不能仅依靠公共部门,而需要多个环节的主体参与共建。仅以标识义务的实践为例,人工智能自身无法主动进行标注。从我国相关人工智能管理规定及欧盟《人工智能法》来看,人工智能的信息披露义务主体基本为人工智能服务提供者,这类主体具体指向了基础大模型开发者、垂直行业模型开发者、生成内容服务提供者等,基于人工智能生成内容的产生周期履行标注义务。因此,在人工智能服务提供者制定标注规则,人工智能服务使用者与社会公众进行标注监督的模式下,必须同时照顾好多方利益需求,才可更好地激励人工智能服务提供者更为积极地参与人工智能服务的开发与运营,更主动地进行内容标注与信息披露。

    将著作权交予人工智能使用者本身,既可以保证使用者享有作品后续的流转与利用,也可以保证使用者不会对人工智能的署名产生排斥心理。在人工智能创作的语境下,对人工智能生成内容进行署名,将其他著作权分配给使用者,可以视为一种恰当的激励性分配方案。这种安排能够鼓励技术开发者、运营者、使用者之间的合作,促进人工智能技术和应用的发展。从经济效益的角度来看,这种权利的分配有助于最大化地利用人工智能创作的潜力,促进文化产品的多样化和丰富化,实现社会总体福利的增加。尽管要求对人工智能生成内容进行署名的行为可能会增加制度设计和实施的初期成本,但从长远来看,明确的署名要求也可以减少因权利归属不清而引发的法律纠纷,降低法律执行的成本,从而减少社会的总体制度成本。知识产权制度虽可通过赋予权利人独占性的权利实现对科技创新的激励,但对于多方主体共同参与的生成式人工智能创作模式,以传统权利专有的分配方式难以照顾到各方的权益,故应对人工智能生成内容的部分权利进行二次的拆解与分配,以多方权益共享格局激励更多的个人和企业投入更多的成本促进社会创新创造。

    四、人工智能训练数据的著作权合法性障碍

    在阐明人工智能生成内容的作品属性、作者认定与权利归属等问题后,还应直面人工智能训练数据的著作权合法性障碍,剖析因技术发展而产生的法律难题。基于数据训练投喂以形成更加成熟的大模型训练效果已成为当下人工智能技术升级与模式迭代的必由路径,然而人工智能训练数据的路径不仅与现有法律秩序存在冲突,而且极大地影响了原有商业模式,冲击人们对于作品交易、数据喂养的既有认识和观念。人工智能训练数据的著作权合法性障碍具体表现为:占据著作权许可使用模式的主流方法“事前授权”式使用付费模式已难以满足海量学习模式的需求,人工智能机器学习在内容获取、内容输入与输出全阶段存在著作权侵权风险,多样化、复杂化的数据保护利益与仅进行著作权合规的不完整性之间存在矛盾。

    (一)“事前授权”式使用付费模式与海量学习模式需求不符

    基于“事前授权”的著作权使用付费模式是当下知识经济时代尊重他人智力成果、维护市场运行的基础模式,这种模式的运转本质上呈现出财产规则的运行逻辑——通过著作权法赋予著作权人一种谈判的机会与能力,使之能在市场的运作中实现智力成果的有效流转,促进创新成果的产出与知识的分享。然而,数据训练作为人工智能技术发展的底层支撑,其数据喂养规模常常达至海量,传统著作权“事前授权、使用付费”的交易模式难以满足人工智能时代海量学习的需求。本质而言,海量学习模式的出现是由于技术自身的特性以及技术发展的必然所致,知识经济时代下数据的经济价值因技术的迭代升级得以提升。就数字化技术的特性而言,文本与数据挖掘作为实现数据获取及数据分析的底层技术,其可发现性与模式识别的用途能有效地从海量的数据中获取数据价值、实现大规模数据的价值分析与趋势预测;就技术发展的必然而言,海量知识学习模式符合技术发展升级的需求,人工智能技术以及未来可能数字化技术的迭代需要以海量数据作为学习、训练的底层支撑,这种技术发展的必然趋势不仅是社会群众对于数字化时代提升生活便利及幸福感的内在需求,而且是社会公共福利及经济价值总量增长的价值需要。

    然而,海量学习模式的运转不仅仅需要大量数据的支撑,而且需要更加灵活地规范交易模式以实现知识的流转,传统的“事前授权”式使用付费模式在实践中已难以支撑海量数据学习模式的需要。在此种情况下,“事前授权”式使用付费模式与海量学习模式需求之间的不契合反映出人工智能数据训练的需求与现有著作权交易模式的不适应,这种不适应的障碍容易导致交易效率的低下、交易成本的增加,人工智能数据训练效果的不明显:首先,“事前授权”式使用付费模式容易导致数据交易流程的冗杂以及交易效率的低下。就“事前授权”的流程而言,依据《著作权法》的规定,数据需求方需要在事前获取著作权人的许可授权,以避开潜在的侵权风险。然而,数据需求方对于相关作品的授权获取并非简单的“发出要约、达成合意”的过程,往往需要经过反复的利益谈判与衡量才能获取数据主体交易的真实意思表示,交易流程的烦琐以及有限理性假设的存在往往会导致交易结果并非尽如人意,数据获取的效率也会因之降低。其次,人工智能时代下“事前授权”式使用付费模式的运作也容易产生过高的交易成本,这种交易成本主要涉及数据获取的识别成本以及数据交易的谈判成本。就识别成本而言,人工智能技术的运转需要海量数据予以支撑,这些数据不仅来源于不受著作权法保护的公共领域数据,而且包括著作权法保护范围内的作品数据,特别是高质量数据大多集成在具有著作权保护的作品之中。然而,对于著作权法保护范围内的作品数据收集不仅需要识别作品的来源及权属,而且需精准定位作品的真正著作权人,这无疑给人工智能服务提供者造成较大的交易负担。此外,就谈判成本而言,在确定所需收集的作品以及著作权人后,还需就作品数据获取的价格以及授权范围进行谈判沟通。如所获取的数据存在权属不清、来源不明的情况,人工智能服务提供者的交易成本无疑水涨船高,难以满足机器学习的数据训练需求。最后,从实践效果来看,传统的“事前授权”式使用付费模式并无法真正实现海量知识学习模式的高效运转,对于知识的获取以及数据价值的挖掘效果不佳。人工智能依托大模型应用实现海量数据处理并实现智能内容的生成,其机制运转的关键在于数据能否被大批量、成规模地获取以支撑大模型的迭代升级。数据获取作为人工智能技术应用与发展的前端,关系着数据价值挖掘是否充分以及输出结果是否客观、全面。

    传统的“事前授权”式使用付费模式已经严重阻碍了数据获取的效率,加重了人工智能服务提供者的运作负担。在追求知识增量的年代,此种交易模式已经与极速发展的知识经济时代脱节。

    (二)机器学习内容的获取、输入与输出全阶段蕴含着较大的著作权侵权风险

    生成式人工智能技术的迭代与应用需要成千上万的数据予以支撑,其数据训练的需求主要体现在数据数量、多样、质量、领域特定、多模态、实时、长期演进、平衡、合规以及多语言等方面。就数据的来源而言,人工智能所训练数据不仅来源于公共领域的作品数据,而且来源于尚在著作权保护范围内的作品数据,后一类数据的获取如未取得相应著作权人的授权,则不可避免地导致侵权风险的发生。此外,不仅仅在数据来源阶段存在著作权侵权的风险,而且数据内容的输入及输出环节都容易因违法行为的存在而侵犯著作权人的合法权利。尽管有观点认为,机器学习的各个阶段中数据的处理行为仅为对作品内容的“非作品性使用”,因此并不构成著作权侵权。然而,基于机器学习的本质,人工智能所输入及输出的内容实际上是对作品价值的深层次挖掘,本质上涉及对所收集作品数据的表达性使用,因而相应的作品使用行为如未获得著作权人的许可,则很有可能构成著作权侵权。

    一般而言,文本与数据挖掘作为人工智能机器学习的底层技术,对数据的处理基本涵盖了信息搜寻、分析等处理活动,其过程主要包含对于数据内容的获取、内容输入及最终结果输出三个主要环节。就数据内容的获取而言,主要是通过爬虫、API接口对接等数字化手段实现数据的大规模获取,并在爬取数据之后将其存储至特定的服务器中以便进行后续的数据预处理。数据内容的输入环节主要是将所收集的数据转码为相应结构化的数据,并进行清理、分类等,最终形成与需求相对应的新数据集合,实现数据内容的针对性输入,为人工智能机器学习提供基本的数据资源。内容的输出环节则主要是将所处理和分析的数据结果分享至合作方或公开至公共领域,实现数据内容价值的分享与分析结果的输出。在经历上述三大步骤之后,人工智能完成了对必要数据内容的机器学习以及分析输出。然而在数字化背景之中,以上三大技术步骤的操作难以避免地存在著作权侵权的风险。

    从所侵犯著作权专有权利的形态而言,机器学习的内容获取、数据输入以及内容输出全阶段可能侵犯著作权人的复制权、演绎权以及信息网络传播权等权能。内容获取阶段主要可能涉及对著作权人复制权的侵犯,在此阶段,人工智能往往通过爬虫技术等数据收集手段大批量地从互联网中爬取数据,其中所用技术往往是数字化形式的扫描和文本提取,如果未经著作权人许可,此种行为往往落入《著作权法》中所规定的“复制权”的范围之中,容易构成对著作权人复制权的侵犯。数据输入阶段主要可能涉及对著作权人的改编权、汇编权的侵犯。由于机器学习的需要,人工智能的训练往往需要将所收集的数据转码为相应的结构化数据,而转码的行为必不可少地涉及对原有数据内容的调整,包括对数据格式的转换修改、整理删除以及汇总等,这难免会构成对著作权人的翻译权、改编权以及汇编权的侵犯。而在最终内容输出的环节,所输出的结果常在互联网上以数字化的方式传播呈现,如果所输出的分析结果涉及原有作品的内容而未经著作权人许可,很有可能造成对著作权人信息网络传播权的侵犯。

    (三)数据保护利益的多样化与复杂化致使仅著作权合规已为不能之事

    人工智能训练数据,主要通过爬虫、API接口对接等自动化数据抓取方式高效捕获、汇聚和存储了大量数据,具有样本多样性、数据规模性等技术特征。用户数据、企业数据、公共数据等不同形态的数据都可以作为人工智能训练数据的重要来源,涉及个人信息利益、财产利益、国家公共利益等多元数据保护利益,承载着多样化、复杂化的利益内容,导致基于单一化著作权合规的规制存在合法性障碍。

    首先,用户数据承载着个人信息利益,需要接受个人信息保护的法律规制。从人工智能训练数据机制来看,用户数据在机器学习中发挥着不可替代的作用:一方面,用户数据是互联网中最广泛的数据类型,以大数据技术为支撑的人工智能训练数据在自动数据抓取阶段不可避免地会涉及对用户数据的使用与提取。另一方面,凭借对用户数据的收集与分析,机器能够完成更加拟人化的机器学习过程,使其最终的智能决策、分析结论更符合人类思维逻辑与行为方式。用户数据作为对个人身份、互联网行为特征的全方位记录,基本表现为具备可识别性的个人信息。其中,电话号码、家庭住址、职业信息等用户数据具有直接识别性,当然可以作为个人信息受到保护。相比之下,就邮箱、游戏账号等数字化虚拟用户数据而言,人工智能训练主体虽然无法凭借相关数据直接定位现实中的特定主体,但在海量数据聚合背景下,可以与其他数据相结合而识别特定自然人,因而邮箱、游戏账号等数据具有间接可识别数据用户的属性,同样属于个人信息范畴。根据《个人信息保护法》《网络安全法》等法律规定,个人作为用户数据主体,对其用户数据享有个人信息利益。人工智能训练数据应需要确保已经取得用户等个人主体的授权许可,或者确保该用户数据已经得到清洗、脱敏,符合非个人信息特征。从最新发布的《生成式人工智能服务安全基本要求》来看,保障个人信息利益已经成为人工智能服务提供者履行语料内容安全要求的重点内容之一。

    其次,企业数据之上承载个人信息利益和财产利益,需要接受个人信息保护和竞争法的法律规制。海量的用户数据经过企业等数据主体的收集与汇聚即形成规模化的企业数据。由于此类数据集合可以反映出市场客观规律,预测未来趋势,故其构成人工智能训练数据的重要来源。从人工智能训练数据的实例来看,OpenAI在训练其人工智能产品ChatGPT时,就将Raw Story Media和Alter Net Media等新闻机构的一系列新闻稿件作为人工智能训的练数据来源,并因相关数据使用行为未经机构授权许可而面临著作权侵权纠纷。企业数据承载着包括个人信息权益、财产利益等在内的多元利益形态。一方面,企业数据来源于不同的用户数据,在一定程度上可以视为对个人信息的集合。如果人工智能训练数据具备直接或间接可识别性,可被识别定位为特定自然人主体,则该数据集合之上依然承载着用户的个人信息利益。此时,人工智能训练数据需要通过个人信息保护的法律规制,以消除数据集合中潜在的对个人信息权益的侵权风险。另一方面,企业数据产生方式凝结了数据主体的劳动成果及其利益诉求。企业数据通常是企业等数据主体收集、分析、加工数据后所获得的数据集合,凝结着企业等数据主体财力、物力与人力等劳动投入,由此产生了值得产权制度保护的财产利益。目前,不同客体形态下企业数据的财产利益已经获得司法的保护与认可。在谷米诉元米案、淘宝诉美景等案中,法院即认为企业开发的数据集合能够为权利人带来现实或潜在的经济利益,具备无形财产属性,企业应当对该数据集合享有独立的财产性权益。尤其在企业数据的作品属性受到广泛质疑且企业数据财产权立法缺位的现状下,更多法院选择以《反不正当竞争法》一般条款作为规制范式,强化对企业数据中财产利益的保护。

    最后,公共数据承载着公共利益和国家利益,需要接受数据安全的法律规制。在公共数据授权运营与政务信息公开背景下,公共数据可以直接作为人工智能训练输入的数据来源。公共数据具有高可信度、获取成本低、侵权风险低等优势,有利于提高人工智能训练数据及其输出分析结果的质量。联合国贸易和发展会议2021年数字经济报告中的公共数据以“收集数据出于政府目的且主要被公共部门使用的数据范畴”为基本内涵,以公益性作为其核心价值内涵,因而承载着明显的公共利益和国家利益。一方面,公共数据作为承担社会公共职能的基础资源,具备社会公共利益属性,故对人工智能训练阶段使用和提取公共数据行为的合法性评价应当包含不得损害社会公共利益等方面。另一方面,公共数据作为由公共部门发布的官方数据信息,与金融、科技、医疗等重点领域的国家安全息息相关,因此在推进人工智能训练数据著作权合规治理的同时,还应当重点进行数据安全合规审查,以避免数据训练行为泄露或暴露与国家安全密切相关的公共数据。

    五、多元化方案解决人工智能训练数据的著作权合法性障碍

    前述问题并非单一片面的问题呈现,而是在现有体系中复杂交错实际市场活动的问题的集中反映,故解决该系列问题时,不能单独针对某一方面问题提出方案,而应当采取体系性多元化的方式化解著作权合法性的障碍。智能领域的创新离不开合规的数据处理,但人工智能训练数据的合规方案目前还未明确,如果不能解决合规问题,人工智能技术的发展将寸步难行。当前以事前授权为基础的著作权制度难以满足生成式人工智能对海量数据的训练需要,因而有必要使用多种制度工具,建立多元化的解决机制,探索针对人工智能训练数据的著作权障碍的解决方案。

    (一)合法购买数据与合同约定风险

    获取合法的高质量数据是人工智能模型合规发展的重要前提,因此事前购买高价值著作权内容,并以授权合同约定各方风险承担的交易模式是人工智能企业获取训练数据的重要方式。在特定场景下,这种事前交易模式有着保证数据质量、激励创意产业,规避侵权风险等优势,具备一定的经济效率。如在网文、有声书、数字音乐等产业领域,个人创作者往往将作品著作权的行使交予内容平台代理,人工智能开发者直接向平台购买数据即可获取海量著作权资源。一些人工智能开发者自身也是大型互联网平台,可以通过“以服务换数据”的方式免费使用用户上传的作品,并以“用户协议”等格式条款划分各方风险,要求用户自行解决数据的授权问题并承担可能的侵权责任。

    然而,由于人工智能训练数据具有数量大、规模广、价值密度低等特征,传统的数据购买模式并不能适应模型开发者对数据规模化利用的需求。目前由内容平台代理的著作权内容多为单独具有使用价值的作品,并不包括用户生成的海量数据,而后者才是人工智能训练的主要材料。同时,当前我国中文语料数据库仍存在标注标准不一致、数据重复、时效性不强等问题,数据交易机构长期处于沉寂阶段,数据交易并未出现预想中的热潮。另外,“以服务换数据”的方式仅适用于大型互联网企业,新兴企业因用户基数不足难以获取充足数据,且缺乏购买海量数据的充足资金,在数据竞争中往往处于劣势,新兴企业数据获取能力的不足加大了数据训练市场被互联网巨头垄断的风险。综上,数据交易的方式虽在特定场景具有一定的优势,但不宜作为人工智能企业获得训练数据的唯一来源。

    面向人工智能创新应用的新时代,我国数据交易市场也应积极寻求转型突破,适应企业获取训练数据的现实需求。就交易平台而言,可针对人工智能训练市场,将现有的通用数据交易所转型为“AI数据交易合同”模式,为企业训练人工智能提供定制化的训练数据。就交易标准而言,相关市场主体和监管部门可共同规范训练语料的标注标准,以便语料数据的交易流通。就合同内容而言,人工智能训练方需要遵循诚实信用原则,明确告知数据提供方相关数据的用途并获得授权,避免因超出授权范围使用数据而面临违约风险。

    (二)借用互联网治理规则提供创新机遇

    作为信息时代的关键技术,人工智能和互联网技术均改变了人们获取、处理和分享信息的模式,对知识产权制度提出了新的挑战。与互联网时代类似,目前人工智能并没有确定的发展蓝图,因此可以运用互联网治理的相关规则,在人工智能数据训练阶段打开著作权合理使用和“避风港”规则闸口,为生成式人工智能产业提供创新发展的空间。

    其一,适当打开著作权合理使用的解释范围,将生成式AI的数据预训练行为视为合理使用的一种类型。从技术逻辑出发,人工智能模型的构建分为“预训练”和“微调”两大阶段,其中预训练阶段主要是将收集到的数据输入初步模型,以便初步模型通过算法分析数据以优化模型效果。在此过程中,对数据的分析和学习仅在人工智能内部进行,并不产生同创作者竞争的内容,也不与其他公众的权益产生接触,因此不会对著作权人的作品产生替代效果,不应当受到传统著作权法的限制。从产业政策视角出发,庞大的训练数据规模是人工智能大模型生成理想结果的基础,而互联网内容的著作权则分散在各个创作者处,要求AI研发者事前逐一获得著作权人授权无疑会耗费巨大的交易成本,造成“反公地悲剧”。而合理使用制度则可减轻人工智能技术的研发负担,促进人工智能产业建设和内容创作,为社会带来更大福祉。从制度竞争的视角出发,目前欧盟《数字化单一市场版权指令》的“文本和数据挖掘例外”制度为人工智能数据训练行为提供了合理使用的依据;美国法院在谷歌和甲骨文案件中放宽了“转换性使用”的标准,特别是将机器阅读排除在著作权法之外,为后续对以转换性使用作为核心判断要素的合理使用的扩大解释提供了机会。为应对世界人工智能制度竞争浪潮,提升我国人工智能产业的国际竞争力,有必要通过合理使用制度放松模型训练中的著作权限制。

    其二,适当借鉴传统互联网内容平台中的“避风港规则”,探索建立一套适应人工智能产业发展的责任分担机制。在此机制下,生成式人工智能服务提供者应当尽可能地使用真实合规的训练数据,并在信息生成阶段设立过程性的风险预防和审查机制,尽量减少错误内容和侵权信息的输出。与此同时,还应设立投诉通知机制,允许用户和权利人就违法不良信息向人工智能服务提供者提出投诉,接到投诉后,人工智能服务提供者应当在合理期限内采取数据清理、算法调整等必要措施,避免违法内容的传播和扩散。相应地,在生成式人工智能服务提供者充分履行事前合规义务后,若因使用者恶意诱导大模型侵权或因现有技术问题无法消除违法侵权内容,则应当减轻或免除服务提供者的责任。这种以过程为中心的责任分担机制能够为人工智能开发者提供明确且有条件的免责预期,引导其主动采取合规方式,防范社会风险,稳定个体预期,促进产业发展。

    (三)通过集体管理组织解决授权难题

    在当前法律框架下,著作权集体管理是批量解决海量作品授权较为可行的方法,能够提高授权效率、减少交易主体、降低权利人协商成本和监督成本,因而受到域外多国的青睐。目前,我国已经具备音像协、音著协、文著协等五个著作权集体管理组织,此类集体管理组织可以依据集体许可标准同人工智能开发者进行谈判,代权利人发放作品使用授权,满足商用人工智能模型的数据使用需求。但是,传统的集体管理组织存在授权模式单一僵化、管理组织机制滞后、数据覆盖范围有限等问题,在智能时代面临前所未有的挑战和冲击。因此,有必要革新著作权集体管理组织制度,使其充分发挥著作权集体管理的保障效能,适应人工智能海量数据学习的现实需要。

    针对授权模式僵化的问题,我国著作权集体管理组织应当拓宽权利人对交易模式和定价机制的选择空间,允许其在将作品授权给集体管理组织后自行授权,并吸纳一部分权利人参与作品使用费的定价协商,以更灵活的选择吸引更多优质作品进入集体管理组织的“版权池”。此外,应打破单一的概括许可模式,允许著作权使用者自行选择授权模式,按照使用内容的质量和频次精准收费,满足不同类型和规模使用者的需求。针对管理组织机制滞后的问题,需要完善集体管理组织的内部治理机制。一方面,需要增强集体管理组织运作机制的透明度,让权利人和使用者明确了解组织的管理和分配规则。另一方面,应当改进集体管理组织的决策机构,确保权利人和相关专业人士,特别是人工智能等新业态从业者在组织决策中有更大的发言机会和影响力,推动著作权集体管理组织与时俱进。针对数据覆盖范围有限的问题,则可以尝试采取延展代理机制,在拓展使用者获得合法数据渠道的同时保障权利人获取报酬的机会。延展代理制度始于2012年法国知识产权法律体系,用以解决绝版图书的授权使用问题。该制度规定绝版图书的权利人应授予法国作者利益代表协会代表其行使权利,但允许作者通过事前或事后的退出机制撤回授权。而我国在《著作权集体管理条例(修订草案征求意见稿)》第4条中也提到“著作权法规定的表演权、放映权、广播权、出租权、信息网络传播权、复制权等权利人自己难以有效行使的权利,可以由著作权集体管理组织进行集体管理”“在使用者难以获取所有权利人授权的特定领域使用作品的,经国家著作权主管部门备案,由著作权集体管理组织集中管理相关权利”,这一规定与延展代理的制度内涵相契合。因此,可将某一领域的作品授权集中于著作权集体管理组织处,以集中授权的方式解决人工智能训练数据的合规难题,推动构建更加健全和可持续的知识产权良性保护生态。

    (四)利用开放授权的数据资源

    开放授权的理念始于计算机软件的“开放源代码”运动,后来在“创作共用”和“开放共享”的理念下,开放授权机制被引入了著作权领域,表现为知识共享协议(Creative Commons,简称CC许可协议)。经由知识共享协议,著作权人可在“保留绝对权利”和“公共领域捐献”之间选择作品的开放程度,如要求使用者尊重作者署名权或不得将作品用于营利性使用等。而若使用者违背知识共享协议,权利人则可以终止授权,并依据传统知识产权法律维护自身权利。生成式人工智能与知识共享协议在价值理念与实际应用上有很多契合之处。在价值理念层面,知识共享协议具有降低信息获取成本、促进创意产品交融分享的价值取向,与生成式人工智能在促进创新和内容传播等方面有相通之处。在实际应用层面,知识共享协议作为一种事前授权机制,可以有效节省人工智能创作者同著作权方协商交易的成本,在尊重作者合法权利的同时大大扩张了人工智能数据训练可利用的作品范围。目前,维基百科等主流WIKI社区均已采用CC许可协议等方式开放授权,这些开放授权的海量作品已经成为生成式人工智能训练的重要数据资源。

    然而,当前知识共享协议在我国处于早期发展阶段,目前主要应用于开放教育课程、开放获取期刊资源等领域,公众对开放授权理念的了解和认知不足。此外,我国的著作权产业发展水平同国外相比仍有差距,与开放授权配套的法律制度尚不完善,因此亟须完成知识共享协议的本土化改造以适应我国人工智能数据训练的现实需求。在著作权法律体系内部,应当明确合理使用和开放授权的关系,将人工智能训练者对作者保留著作权范围内著作权的正当使用行为认定为合理使用,以减轻人工智能训练者的侵权风险,并维持知识产权法律体系内部的一致性。例如,若商用人工智能模型利用开放授权的作品进行模型预训练,而该作品的权利人要求使用者不得将作品用于商业目的,则模型训练者仍然可以主张自己的行为构成合理使用。在管理模式上,可以参考现有开源社区的管理机制,建立服务创作者的非营利性中介组织,以监督开放授权数据资源使用者的著作权利用活动,尽可能地维护创作者权益。在侵权责任承担方面,由于当前知识共享协议效力的实现仍然依赖著作权法机制,若使用者违反CC许可协议超越范围使用授权内容,权利人只能依据《著作权法》追究使用人的著作权侵权责任,此时会大大增加权利人维权的时间成本和经济成本。因此,可尝试探索建立人工智能数据训练领域的信用惩戒制度和自律管理体系,将违背知识共享协议使用开放数据的不诚信行为纳入知识产权信用体系的监管。

    六、结语

    法律制度对人工智能发展的保障应当始终坚持以人为本的理念,这里的“人”既是人类的“人”,也是个人的“人”。在此理念的指引下,人工智能内容生成所反映的种种问题都是当下现实世界与技术演变之间的“发展之问”,著作权制度作为科技与法律相互作用、相互影响最为直观的制度规范,正面临着传统理论与现实产业发展之间的挑战,如何因地制宜地寻找适应产业发展与技术升级的规范措施成为当务之急。著作权制度自创立以来,便带着浓厚的政策色彩。人工智能生成内容的法律规制不仅与著作权人的核心利益切身相关,而且与产业发展、技术进步紧密相关。但无论新质生产力的出现对现有制度规范带来如何猛烈的冲击,著作权制度都不能成为技术进步以及经济发展的绊脚石,更不能成为人工智能新质生产力发展的拦路虎。

    因应技术发展的必要性,著作权制度理应合理回应“发展之问”所带来的种种挑战,就人工智能内容生成过程中所面临的作品认定、作者身份、权利归属以及数据训练等等难题给予多元化、多层次的解决方案,综合运用合同、互联网治理规则、著作权集体管理组织、数据资源开放授权以及法定许可制度等法律工具,由浅入深、由表及里地实现著作权制度的“去伪存真”。

    本文转自《法律科学》2024年第3期

  • 弗朗西斯·福山《政治秩序的起源》2

    第 16 章 基督教打破家庭观念

    令欧洲退出亲戚关系的是宗教,不是政治;对欧洲家庭性质的普遍误会;天主教会摧毁延伸的亲戚团体;英国个人主义甚至在欧洲也属极端

    我迄今所叙述的世界三个地区,其国家制度都自部落社会脱颖而出。中国、印度和中东的早期社会组织,都以父系家族的血统为基础,建立国家是为了克服部落社会的局限。每一个案例中,建国者想方设法让个人忠于国家,而不是忠于地方上的亲族团体。以领土和中央合法统治权力为基础的制度,不得不重叠在顽固的分支式社会之上。最极端的对策来自阿拉伯和奥斯曼帝国,他们绑架儿童,使之在人造家庭中长大,只忠于国家,不忠于自己的亲戚。

    但在这些案例中,不让亲戚关系成为社会组织基础的建国努力,自上而下,都归于失败。事实上,这些社会的制度发展历史,大多涉及亲族团体的重新问政——我称之为家族制复辟。所以,秦朝和西汉所创建的非人格化国家制度,在东汉崩溃时又落到强大宗族手中,这些家庭继续成为中国政坛中的重要角色,直到隋唐。印度在创建强大的非人格化制度上,一开始就成绩平平,以分支式迦提组织起来的印度村庄,其社会生活大体上又与这些制度毫不相干。土耳其国家是最为成功的,在小亚细亚和巴尔干半岛的心脏地区削弱了部落组织的影响,但在治理不严的阿拉伯省却不如人意。事实上,奥斯曼帝国在边远的贝都因(Bedouin)社区,仅行使非常有限的统治,其部落组织至今保持原样。所有这些地区——中国、印度、中东——家庭和亲戚团体至今仍然强大,成为社会组织和身份的来源,远远超过欧洲或北美。在中国台湾和南方地区尚有成熟的分支世系家族,印度婚姻仍是家庭而不是个人的结合。部落的依附关系在阿拉伯中东无所不在,尤其是在贝都因的群体中。

    例外的欧洲

    欧洲的亲戚关系采纳不同形式。人口统计学家约翰·哈吉那尔(John Hajnal)在 1965 年的文章中注意到,西欧婚姻模式与世界上几乎任何其他地方形成强烈对照。西欧男女倾向于晚婚,从总体上讲,不结婚的比率较高,这两个因素导致相对较低的出生率;更多年轻女子参加工作,家庭中有更多平等,由于晚婚,女子又有较多机会获取财产。这不仅是当代现象,哈吉那尔把这种模式的时期定在 1400 年到 1650 年。

    西欧与世界其他地方的其他差异也很突出。共同祖先的亲戚团体所组成的社区,其在欧洲的消失远远早于哈吉那尔所指出的。对欧洲人而言,亲戚和后裔很重要,特别是国王和贵族,他们有实质性的经济资源传给子孙。但跟中国贵族不同,他们没有陷入表亲的专横,因为分割遗产和长子继承权的原则早已深入人心。在中世纪,欧洲人享有更多自由,无须征得大批亲戚的同意,便可任意处置自己的土地和动产。

    换言之,欧洲社会很早就是个人主义的。在婚姻、财产和其他私人事务上,当家做主的是个人,而不是家庭或亲戚团体。家庭中的个人主义是所有其他个人主义的基础。个人主义无须等待国家的出现,无须等待它来宣告个人法律权利,并行使强制权力来予以保障。更确切地说,个人已在享受实质性的自由,无须承担对亲戚的社会义务,先有这样的社会,再来建起国家。在欧洲,社会发展走在政治发展的前列。

    欧洲何时退出亲戚关系?如果不是政治,转型动力何在?前者的答案是:蹂躏罗马帝国的日耳曼部落,在皈依基督教后不久,就开始退出。后者的答案是:天主教会。

    马克思的错误

    很明显,现代欧洲人的祖先都曾组成部落。他们的亲戚关系、法律、习惯、宗教实践,只要能找到的,19 世纪伟大的历史人类学家都已作了详细记载,如甫斯特尔·德·库朗日、亨利·梅因、弗雷德里克·波洛克(Frederick Pollock)、弗雷德里克·梅特兰(Frederic Maitland)、保罗·维诺格拉多夫(Paul Vinogradoff)。他们是比较人类学家,掌握不同文化的渊博知识,为父系亲戚组织之间的相似而感到吃惊。那些组织分布于世界各地,如印度、希腊、日耳曼的社会。

    19 世纪的历史人类学家相信,亲戚组织随着时间的推移而进化,人类社会有普遍的发展模式,从亲戚团体的大集团,转向个别男女自愿结合的小家庭。梅因有个著名概念:现代化涉及从“身份到契约”的过渡。换言之,早期社会将社会地位赋予个人,安排一切,从婚配、职业到宗教信仰。相比之下,现代社会的个人可随意与人签约,走进不同社会关系,其中最重要的是婚姻合同。但梅因没有提出一种动态理论,以解说过渡是何时和如何发生的。

    实际上,对欧洲亲戚模式的过渡时间和过渡原因存在很多误解。很多人相信,跟世界上的其他民族类似,欧洲人始终居住于部落或庞大的家庭团体,一直到工业革命。其时,机器生产的压力和社会流动的必要性,才将之打破。根据这个见解,工业化带来经济变化和核心小家庭出现,都属于这同一过程。

    这个见解很可能来自早期现代化理论。卡尔·马克思在《共产党宣言》中宣称,资产阶级“撕下了罩在家庭关系上的温情脉脉的面纱,把这种关系变成了纯粹的金钱关系”。促使资产阶级兴起的,依次是技术革新和物质生产方式的变化。马克斯·韦伯指出,传统社会和现代社会之间有严重断裂。传统社会的特征是:广泛的亲戚关系,宗教或亲戚的约束对市场交易设限,缺乏个人社会流动性,基于传统、宗教、超凡魅力的非正式社会规范。而现代社会是个人主义的、平等的、以优秀和市场为导向的、流动的,并以法理型合法性权威组建起来。韦伯主张,这些特征属于一个整体,如果由教士指定价格,或财产受亲戚义务束缚,这样社会就不能发展出高效的市场经济。他相信,这种理性的现代化仅在西方出现,并把向现代化的过渡定在 16 世纪和 17 世纪的一系列事件,包括宗教改革(Protestant Reformation)和启蒙运动(Enlightenment)。所以,马克思主义者倾向于认为,经济变化促使个人主义和核心小家庭的兴起,而韦伯则把基督新教当作主要动力。总之,依他们看,这个变化仅有几百年历史。

    从身份到契约

    20 世纪的社会历史学家和人类学家,把从身份到契约的过渡一直往前提。我已提及,哈吉那尔认为欧洲的特殊模式始于 15 世纪和 16 世纪。艾伦·麦克法兰(Alan MacFarlane)对英国个人主义起源的研究显示,生前任意处置财产和死后在遗嘱中剥夺子女继承权,早在 16 世纪初就获得英国普通法的承认。这很重要,因为他所标志的“农民社会”中,如东欧和世界大部分区域,亲戚义务大大限制了业主出售土地的能力。农民社会的特征就是大家庭,产权要么共有,要么陷于亲戚的相互依赖之中。这样的社会中,许多非经济因素把农民牢牢绑在他们所耕种的土地上,诸如祖先葬于此之类的理由。

    但麦克法兰注意到,土地所有权(seisin)流行于英国,至少还要往前再提三个世纪。根据一项研究,15 世纪晚期英国某区的地产转户中,生前赠与家人的占 15%,死后遗赠给家人的占 10%。更早的是 12 世纪末 13 世纪初,英国的佃户(villeins,不得随意离开土地)无须获得领主的许可,已在购买、出售、出租土地。

    如要衡量复杂亲戚组织的衰退,就要考量女子拥有和处置财产的法律权利。父系家族的社会中,女子嫁与宗族中的男子,或给宗族生下男性后裔,方才取得法律地位。寡妇和未婚女儿有分享遗产的权利,但通常必须将宗族的财产留在父系家族中。1066 年的诺曼征服(Norman Conquest)之后不久,英国女子就可自由拥有和处置财产,并可将之卖给外人。至少从 13 世纪起,她们不但可拥有土地和动产,而且可起诉他人,或被他人起诉,甚至可签署遗嘱和合同,无须征得男子监护人的许可。父系社会一旦承认这种权利,就会破坏宗族控制财产的能力,从而破坏社会制度的整体。所以,女子拥有和遗赠财产的能力是部落组织退化的标志。它显示,严格的父系社会规则已经消失。

    根据麦克法兰,早期英国个人主义的一个有趣标志是“扶养合同”。它最早出现于 13 世纪,由孩子和父母签署。共同祖先的后裔团体所组成的部落社会,通常崇拜共同祖先。儒家道德的大部分涉及孩子照料父母的义务,尤其是儿子。儒家道德家讲得很清楚,对父母的义务大于对自己孩子的,中国法律严惩不孝子女。

    英国的习俗却不同,父母活着时,如把产权愚蠢地转移给孩子,就得不到惯例的剩余权利。中世纪有一首诗歌,描述了父亲将财产移交给儿子的故事:儿子后来觉得扶养父亲的负担太重,便开始施以虐待。一天,父亲冷得直打寒战,儿子叫孙子送去一只麻布袋,“小男孩把麻布袋一割为二,一半留给爷爷,另一半带回给父亲。他的意思是,现在父亲虐待爷爷,等到自己长大,也会如法炮制,给他半个麻布袋以御寒”。为了避免如此的困境,父母与孩子签署扶养合同,规定孩子在继承父母财产后所承担的扶养责任。“贝德福德的一对夫妇在 1294 年放弃财产,作为回报,将得到食物、饮料、主屋的居住;如果两对夫妇发生争吵,老夫妇会搬到另外房子,将在圣米迦勒节(Michaelmas)获得五十六蒲式耳的谷物,其中二十四蒲式耳的小麦,十二蒲式耳的大麦,十二蒲式耳的大豆和豌豆,八蒲式耳的燕麦。此外,他们还将得到这另外房子的一切,可动的和固定的。”

    让马克思暴跳如雷的“纯粹的金钱关系”,似乎不是 18 世纪资产阶级的发明,其在英国的出现比资产阶级的兴起早了好多世纪。将父母寄放在疗养院,在西欧有很深的历史根源。这显示,与马克思的主张恰恰相反,资本主义只是社会关系和习俗变化的后果,而不是原因。

    如果说欧洲在 13 世纪离开复杂的亲戚关系,即从身份过渡到契约,这依然太迟。伟大的法国历史学家马克·布洛赫注意到,封建主义在 9 至 10 世纪兴起之前,亲戚关系是社会组织的基础。部落宗族之间的血亲复仇在欧洲社会有悠久历史,我们对此很熟悉,只要看看莎士比亚的《罗密欧与朱丽叶》就知道了。此外,布洛赫证明,在那段时期,亲戚团体或庞大家族共同拥有财产,即使个人已开始随意处置土地,卖主仍需获得亲戚团体的同意。

    不过,布洛赫提示,可以追溯到像中国、印度、中东那样单一祖先的巨大父系宗族,很久以前就在欧洲消失了。“罗马家族视男性后裔为绝对重要,立场异常坚定。但此事到了封建时代,已变成闻所未闻。”作为证据,他指出,中世纪的欧洲人从不单凭父亲来追溯他们的后裔;而在部落社会中,为了维持宗族分支的界线,这是不可或缺的。在整个中世纪时期,母亲让女儿冠母姓是很普遍的,这在中国那样的父系社会是不可想象的。个人经常认为自己属于两个相互平等的家庭,母亲的和父亲的。两个杰出家庭的子孙往往合并两个宗族的姓氏(如瓦勒里·季斯卡·德斯坦 Valéry Giscard d’Estaing,其中季斯卡和德斯坦都是姓氏[编按:瓦勒里·季斯卡·德斯坦系法国前总统,1974—1981 年任职]。今日西班牙人喜用父母的双姓)。到 13 世纪,类似当代的核心家庭已在欧洲遍地开花。血亲复仇很难继续,因为报仇圆圈变得越来越小,很多人觉得,自己与争论双方都有关联。

    在布洛赫看来,某种意义上,封建主义的整个制度可被理解为迫不得已的调整,这是为了适应社会上的隔绝,因为亲戚关系不再是社会团结的来源。自 7 世纪晚期起,欧洲遭受了一系列外国侵略者的蹂躏:来自北方的维京人、来自南方借道于北非和西班牙的阿拉伯人或撒拉森人(Saracens)、来自东方的匈牙利人。即使阿拉伯人受挫于图尔战役,穆斯林对地中海的控制仍然切断欧洲与拜占庭和北非的贸易,它曾是罗马经济的基础。随着卡洛林帝国(Carolingian)在 9 世纪的式微,城市也开始凋零,受无数军阀骚扰的居民撤回自给自足的村庄。

    在这欧洲文明的最低点,由于更大政治结构的倒塌,亲戚关系试图卷土重来。但其时,欧洲的父系宗族结构已变得如此脆弱,以致不能成为社会支持的来源。封建主义兴起,成为亲戚关系的替代:

    暴力气氛所孕育的无数危险,时时都在威胁个人。甚至在封建的初期,亲戚团体似乎不能提供足够的保护。根据它们当时存在的形式,这些团体的范围太模糊,太多变。父母都可界定后裔这种二元性,更造成了深刻的破坏。这就是为什么,人们被迫寻求或接纳其他的纽带。在这点上,历史是决定性的。仍有强大父系团体的地区——北海边上的日耳曼地区和英伦岛上的凯尔特地区——对属臣、采邑、庄园一无所知。亲戚关系只是封建社会的必要元素之一,它的相对孱弱解释了封建主义的出现。

    封建主义是指,个人自愿屈服于无亲戚关系的他人,仅仅是以服务交换保护。“国家和家庭不再提供足够的保护,村庄的社区仅能维持界线之内的秩序,城市的社区几乎不存在。各处软弱者觉得有必要获得强人的庇护,而强人必须通过说服或强制来获得签约下属的支持,以保障自己的威望、财富、人身安全。”

    但我们还没算出欧洲脱离亲戚关系的日期,以及合适的因果关系。社会人类学家杰克·古迪(Jack Goody),为过渡日期作出了最令人信服的解释。他把过渡的起点提至 6 世纪,将责任放在基督教身上——具体地说,放在天主教会的机构利益上。

    古迪注意到,罗马帝国结束时,与众不同的西欧婚姻模式从主要的地中海模式分化出来。包括罗马家族的地中海模式,属于严格的父系家族或父系社会,具有分支式的社会组织。父系团体倾向于同族通婚,有些更偏爱交叉表亲的婚姻。(我在第 11 章提及,交叉表亲的婚姻在印度南部的达罗毗荼文化中非常流行,在阿拉伯世界、普什图人[Pashtuns]、库尔德人、众多突厥人中也很普遍。)男女有严格的分隔,女子拥有财产或参与公共事务的机会很少。在所有这些方面,西欧的模式是截然不同的:分配遗产时男女都有份、禁止交叉表亲的婚姻、提倡异族通婚、女子有更多的产权和参与权。

    天主教会促动了这一分化,它极力反对四种行为:与近亲结婚、与兄弟的寡妇结婚(levirate,即所谓的兄终弟及或夫兄弟婚)、领养孩子、离婚。教皇格里高利一世在 6 世纪敦使异教的盎格鲁—萨克逊人皈依基督教,尊敬的比德(Venerable Bede)在报告此事时就提及,格里高利直率谴责部落实行的与近亲和兄弟的寡妇的婚姻。后来的教堂法令禁止纳妾,提倡一生不分的一夫一妻婚姻。

    古迪认为,这些禁令并不直接依据《圣经》或基督教经典。被禁的行为在耶稣诞生的巴勒斯坦是很普遍的,耶稣父母可能就是交叉表亲的婚姻,与兄弟的寡妇结婚在犹太人中也很流行。事实上,基督教福音是反家庭的:在《马太福音》中,耶稣说,“爱父母超过爱我的人,不配我;爱子女超过爱我的人,也不配我”。古迪又称,这些话语来自宣称耶稣将统治尘世一千年的先知,他试图招募人们离开安全的亲戚团体,进入新兴的分裂教派。赞成禁令的神学观点则经常来自《旧约》,犹太人对此却有不同见解。

    根据古迪,教会坚持这个立场的原因,与其说为了神学,倒不如说为了教堂自己的物质利益。交叉表亲的婚姻(或任何其他近亲的婚姻)、与兄弟的寡妇结婚、纳妾、领养孩子、离婚都是他所谓的“继承策略”;借此,亲戚团体得以继续控制代代相传的财产。其时,欧洲和地中海世界的居民寿命低于 35 岁。夫妇生下儿子、长到成人、再一次传宗接代的可能性相当低。因此,为了让人们得以孕育继承人,社会提供各式合法途径。讨论中国时,已解说过纳妾一事。在一夫一妻的社会,离婚可被视作变相纳妾。哥哥在生孩子之前就已去世,嫂子就与弟弟结婚,以确保哥哥的财产将与弟弟的融合在一起。交叉表亲的婚姻能保证家产留在自家人的手中。无论什么情形,教会有计划地切断将财产传给后裔的各种途径。同时,它又强烈提倡信徒向教会自愿捐出土地和财产。拥有财产但无继承人的基督徒日益增多,得益的便是教会。

    西欧女子相对较高的地位也是教会追求自身利益的意外结果。寡妇若在家庭团体内重新结婚,会将财产归还部落。教会尽量使之难以实现,所以她本人必须拥有财产。女子有权拥有和处置自己的财产,对教会大有裨益,无子女寡妇和老处女变成了捐献的一大来源。女子有权拥有财产破坏了单传原则,从而敲响了父系宗族的丧钟。

    规则发生变化后的数世纪中,天主教会在财政上非常成功,这绝对不是牵强附会。7 世纪结束之前,法国富饶土地的三分之一都在教会手中;从 8 世纪到 9 世纪,在法国北部、日耳曼、意大利的教会财产翻了一番。这些捐献使教会成为一个在经济和政治上都很强大的机构,为格里高利七世的叙任权斗争(investiture conflict)铺平道路(见后文第 18 章)。这些捐献,跟富裕穆斯林给伊斯兰慈善事业瓦克夫的捐赠有相似之处,但后者主要是富人避税和遗赠子女的对策。而在天主教的欧洲,无子女寡妇和老处女所捐出的土地,则没有附带任何条件。教会因此发现自己成了大地主,在欧洲各地管理庄园,监督农奴的经济生产。这帮助教会履行其赈济饥民和照顾病人的使命,使教士阶层和男女修道院的大幅扩充成为可能,也使内部规则和等级制度的发展变得必不可少。这一切让教会在中世纪的政治舞台中成为一名独立角色。

    这些变化对西欧的部落组织构成相当大的破坏。日耳曼、挪威、马札尔(Magyar)、斯拉夫的部落皈依基督教后,仅在两代或三代的时间就见证了其亲戚架构的解散。事实上,这种皈依植根于政治,如马札尔国王伊斯特万(István,或 St. Stephen)在 1000 年接受圣餐。但社会风俗和家庭规则中的实质性变化,不靠政治当局,而靠运作于社会和文化层次的教会。

    欧洲建国的社会背景

    欧洲(以及其殖民地)是个例外,因为它脱离复杂的亲戚关系,首先在社会和文化层次,而不在政治层次。在某种意义上,教会采取政治行为,更改了婚姻和遗产的规则,但其动机却是经济的。教会不是其所在领土的主权统治者,更确切地说,只是一个社会参与者,它的影响只在制定文化规则。因此,中世纪时,欧洲社会已经非常个人主义了。它早于欧洲国家建设的开端,比宗教改革、启蒙运动、工业革命更早了数个世纪。家庭中的变化,与其说是这些现代化巨变的结果,倒不如说是促进现代化发生的有利条件。16 世纪在意大利、英国、荷兰兴起的资本主义,不必去克服印度和中国那样的亲戚大集团的抵抗,后者亟欲保护自己拥有的实质性财产。相反,资本主义在那些社会顺利扎根,它们已有私人产权的传统,财产经常在陌生人之间转手。

    这不是说,欧洲的建国者一帆风顺,没有遇上既得利益的社会建制。恰恰相反,我们在第 21 章继续讲述欧洲国家起源时,将看到各式强大的社会参与者,他们在创建法治和负责制政府方面至关重要。虽然没有氏族或部落,但有既得利益的贵族,他们在封建时期积累下了财富、军队、法律地位。

    这些社会建制是封建的,并不基于亲戚关系。这一事实,对后世的欧洲政治发展来说,造成了重大差别。属臣的封建关系是强者和弱者自愿签署的合同,规定了双方的法律义务。它将高度不平等和等级化的社会形式化,但也为个人主义(签署合同的是个人而不是亲戚团体)和法律人的理解树立先例。历史学家杰诺·苏克斯(Jenö Szücs)认为,地主与农民之间的关系到 1200 年便获得契约特征,从而打下了将尊严扩充到农民阶层的基础。自那以后,“西方每一次农民反抗,都在表述地主违反合同所激怒的尊严,都在诉求自己的‘自由’权利”。但这种事没有发生于下列社会:土地产权以亲戚关系和惯例为基础的,或以某亲戚团体称王称霸于另一亲戚团体为基础的。

    以封建制度替代亲戚关系建制,对地方治理的功效而言,另有重要的政治影响。宗族和封建制度都在不同时期发挥主权和统治的功能,尤其是在中央国家式微时。它们都可提供地方安全、司法和经济生活的组织。但封建制度更为灵活,因为依据的是合同,更能组织决定性的集体行动,因为其等级分明。跟宗族中的权威不同,封建领主的权利一旦获得合法确认,便不需要持续的重新谈判。财产的法律文件,无论在强者或弱者的手中,都代表自由买卖的权利,不受基于亲戚的社会制度的限制。地方上的领主可“代表”社区讲话,但部落领袖做不到。如我们所知,欧洲殖民者在印度和非洲经常犯的错误,就是假设部落领袖相当于封建社会的地方领主。在事实上,两者截然不同。

    马克斯·韦伯的遗产之一,就是以价值概念来考量宗教对政治和经济的影响。他的新教工作伦理(work ethic),据说通过工作的神圣化,而直接影响工业革命中企业家的行为。价值肯定是重要的,上帝之下人人平等的基督原则,使女子更容易获得拥有财产的平等权利。

    但此类解释经常引申新的疑问,为何有些宗教价值首先在社会中获得提倡,并深入人心。教会攻击延展的亲戚关系,就是一例,这些价值并不起源于基督教原则。毕竟,同是基督徒的君士坦丁堡东正教,并没有设法改变婚姻和遗产的法律。所以,紧密相关的亲戚社区在拜占庭统治的地区存活很久。例如,塞尔维亚代代相传的著名乡村团体“杂住盖”(zadruga),以长期血亲复仇著称的阿尔巴尼亚氏族。这些建制消失于西欧,归功于教会的物质利益和权力。教会对社会价值的控制,变成了为己谋利的工具。从这个角度看,经济龟站在宗教龟的上面;但从另一角度看,宗教龟又站在更为底下的经济龟上。 不管其动机是宗教的,还是经济的,天主教会变成了独立的政治参与者,其建制化的程度,远远超过其他社会的宗教权力。中国从没发展出超越祖先崇拜或鬼神崇拜的本土宗教。相比之下,宗教发明一开始就塑造了印度和穆斯林世界,成为政治权力的重要制衡。但在伊斯兰教逊尼派的世界,以及印度次大陆,宗教权力从没凝聚成国家之外的中央官僚机构。它只在欧洲出现,与现代欧洲国家的发展和今天所谓的法治的出现又密不可分。

    第三部分 法治

    第 17 章 法治的起源

    法律在早期国家形成中的作用凸显欧洲的例外;法治的定义和争论;法律优先于立法的哈耶克理论;英国普通法依据皇家权力来加强国家的合法性

    欧洲的政治发展是个例外。欧洲社会得以较早脱离部落组织,却没有依靠自上而下的政治权力。欧洲例外还表现在,其早期建国者的杰出能力,与其说是在军事上,倒不如说在分配正义上。欧洲国家权力和合法性的增长,与法治的涌现密不可分。

    早期欧洲国家分配的只是正义,不一定是法律。法律植根于他处,或在宗教(像上一章所讨论的有关婚姻和家庭的法令),或在部落和其他社区的习俗。早期欧洲国家偶尔立法——即制定新法律——但其权力和合法性更多依赖公正执法,所执的法无须是自己订出的。

    弄清法律和立法之间的差异,对理解法治是至关重要的。似乎有多少法律学者,就会有多少“法治”的定义,很像“民主”这个字眼。我所使用的,符合思考此一现象的西方重要潮流:法律是凝聚社区的有关正义的一组抽象规则。在前现代社会,制定法律的权威据信是超凡的,或神权,或古老习俗,或自然。另一方面,立法属于现在所谓的制定法(positive law),它在发挥政治权力的功能。就像国王、男爵、总统、立法院、军阀,凭借自己的权力和权威,在制定和执行新的规则。如果有高于任何立法的现存法律,方能说有法治的存在。这意味着,拥有政治权力的个人必须接受法律的束缚。这不是说,立法机构不可制定新法,它们如想在法治中发挥作用,必须依据现存法律的规则来制定新法,不可随心所欲。

    法律的最初理解,即制定者是神权、古老习俗或自然,指的是人们不得更改法律,但可以为特殊情境作出妥善解释,有时还是必须的。现代时期,随着宗教权威的走低,自然法信徒的锐减,我们开始将法律视作人造的东西,但必须经过严格程序,以确保它符合基本规则的广泛共识。法律和立法之间的差异,现在相当于宪法和一般法律之间的差异。前者具有更严格的要求,例如绝大多数人的投票同意。在当代美国,这表示国会通过的新法律,必须符合现存的更为重要的宪法,一切以最高法院的解释为准。

    迄今为止,我讨论了政治发展中的建国以及国家集中和使用权力的能力。法治是政治秩序中的另一组件,以限制国家权力。对行政权力的最初制衡不是民主集会或选举,而是人们坚信统治者必须依法行事。所以,国家建设和法治一直在紧张氛围中共存。一方面,统治者在法律范围内行事,或以法律的名义行事,这可提高自己的权威。另一方面,法律可防止他们做随心所欲的事,不能只考虑私人利益,还要考虑整个共同体的利益。所以,政治权力的欲望经常威胁法治,从 17 世纪避开议会自筹税收的英国国王,到 20 世纪以法外行刑队来对付恐怖主义的拉丁美洲政府,皆是如此。

    法治的现代迷惑

    在当代发展中国家,最大政治缺点之一就是法治的相对软弱。当代国家的所有组件中,高效法律机构也许是最难构建的。军事和征税的机构,天然来自人类基本的掠夺本能。军阀组织民兵向社区榨取资源,这并不困难。在另一极端,民主选举的安排也相对容易(只是比较昂贵),何况今天还有国际组织的援助。但法律机构必须遍布整个国家,持续不断,长期运作。它们需要设施,投资于律师、法官及法庭其他职员的训练,还有最终执法的警察。但最重要的,法律机构必须被视作合法和权威的,不仅在普通人眼中,而且在更有力的精英眼中。做到这一点,证明是颇不容易的。今天,拉丁美洲绝大多数国家是民主的,但其法治却非常软弱,到处是收贿的警官和逃税的法官。俄罗斯联邦仍举行民主选举,自总统而下的精英都违法乱纪,肆无忌惮,尤其是在弗拉基米尔·普京当政之后。

    有很多文献,将法治的建立与经济发展挂起钩来。这些文献从根本上反映出一条重要观点,即现代资本经济世界的涌现,在很大程度上归功于既存的法治,缺乏高效的法治是贫困国家不能取得较高增长的主要原因。

    但这些文献非常混乱,在法治的基本定义和它的存在与否上,前后又不一致。此外,将法治的不同组件与经济增长挂钩的理论,其实证经验有点靠不住;将它投射到马尔萨斯经济条件下的社会,困惑只会加倍。我们在讲法治起源的历史之前,需要清除一下当代讨论所留下的累赘。

    经济学家谈论法治时,通常指现代产权和合同执行。现代产权是指个人拥有的财产,可自由买卖,不受亲戚团体、宗教当局、国家的限制。经济增长受产权和合同的影响,这理论非常直截了当。没人会做长期投资,除非知道自己的产权是安全的。如果政府突然对某种投资增税,像乌克兰在 20 世纪 90 年代签署移动电话基建协议后所作的,投资者可能会在中途改弦易辙,并对将来项目心灰意冷。同样,贸易需要法律机构来维持合同,裁判合同双方不可避免的争执。合同的规则越透明,合同的维持越公正,就会鼓励越多的贸易。这就是为何很多经济学家强调,“可信承诺”是国家制度发展的重要标志。

    这个法治定义与本章开头的那个略有重叠。显而易见,如果政府觉得自己在各方面都享有主权,不受既存法治的束缚,那么无人可阻止它充公自己公民或外国贸易伙伴的财产。如果普遍的法律规则,一旦牵涉到强大的精英阶层或最强大的政府本身,就无法得到执行,那么产权或贸易的安全可能只是空头支票。政治学家巴里·温加斯特(Barry Weingast)注意到,强大的国家既可保护产权,也可取消产权。

    另一方面,有“足够好”的产权和合同执行,允许经济的发展,但没有真正的法治(即法律是至高无上的意思),这完全可行。……中国经济取得三十多年的两位数增长,并不需要“法治”的抽象承诺。1978 年,共产党以包产到户的法律解散了人民公社,但没有恢复中国农民的现代产权(个人转让土地的权利)。更确切地说,他们只获得可遗传的土地使用权(长期租赁权),类似于奥斯曼帝国中央省的农民。这些权利已经“足够好”,导致农业产量在改革后的四年功夫翻了一番。

    古代帝制中国没有法治。另一方面,正常时期的中华帝国很可能在地方层次享有“足够好”的产权,至少将农业生产效率提高到其时技术所容许的极限。那时的产权与今天中国农民的产权相比,不会相差很多,与其说受到掠夺性国家的约束,倒不如说受到亲戚关系的约束。父系宗族将无数的权利和习俗强加于财产之上,一直到 20 世纪的中华民国,家庭仍有权利限制土地的出售。

    此外,不是很清楚,最好的现代产权足以在实质上提高生产效率,还是足以在马尔萨斯式社会中创建出现代资本主义。确保技术持续进步的其他建制(如科学方法、大学、人力资源、研究实验室、鼓励探险和试验的文化氛围,等等)尚未问世时,单凭良好产权所创造的生产效率增长仍然有限,因此不能假设技术的持续进步。

    所以,经济学家对法治下现代产权和合同执行的强调,可能有两个错位。首先,在技术持续革新的当代世界,虽然没有至高无上的法治,“足够好”的产权仍足以创造高度的经济增长。其次,在马尔萨斯式世界中,即使有现代产权和法治的存在,还是无法取得如此的增长,因为限制增长的约束出自其他地方。

    法治还有一个定义,对经济生活具有极大影响,不管是在前现代还是在当代。这就是人身安全,即从暴力的自然状态中退出,从事日常活动,不用担心被杀或被抢。它存在时,我们视之为理所当然;它缺席时,我们会尤其珍惜。

    最终,谈论法治时一定要弄清法律对象,即是说,受法律保护的法人群体。社会的基本执法对大家是一视同仁的,但保护公民免受国家任意侵犯的法治,最初往往只适用于特权阶层的少数。换言之,法律仅仅保护靠近或控制国家的精英的利益。在此意义上,法律就像苏格拉底在柏拉图《理想国》中所标榜的“强盗帮派的正义。”

    举塞维涅夫人(Mme. de Sévigné)写给女儿的信为例,她是 17 世纪法国最著名的沙龙赞助人之一。这位聪明敏感的女子描绘,士兵在布列塔尼征集新税,把老人和孩子从家中赶出,再在屋子里寻找可供夺取的财产。因为不付税,大约六十名市民将在下一天上绞刑架。她继续写道:“那个手舞足蹈、想偷印花税纸的闲汉在车轮上就刑,被割成四块,分别在城市四个角落示众。”

    显而易见,法国国家不会向塞维涅夫人和她朋友圈子施以如此激烈的惩罚。我们将在第 23 章看到,它将繁重税赋仅仅加给平民,因为它太尊重贵族的产权和私人安全。所以,说 17 世纪法国没有法治是不正确的,但法律并没认为平民也是法人,也享有与贵族相同的权利。美国初创时也是如此,否定非裔美国人、妇女、美洲原住民——除了拥有财产的白人男子——的选举权。民主化的过程逐渐拓展法治范围,以包纳所有的居民。

    法治定义的混乱,其所造成的后果之一是富国设计的改善法治计划,很少在贫穷国家产生效果。住在法治国家的幸运儿,往往不懂它如何首次涌现,误把法治的外表当作法治的实质。例如,“相互制衡”是强大法治社会的特征,政府各部门监督彼此的行为。但制衡的正式存在,并不等于强有力的民主统治。法庭可被用来阻挠集体行动,如当代印度,其冗长的司法上诉可拖死重要的基建项目。它又可被用来对抗政府的愿望,以保护精英利益。1905 年最高法院的洛克纳诉纽约州案(Lochner v. New York),其宗旨就是击败限制工时的立法,以保护企业利益。所以,分权的形式常常名不副实,与守法社会的主旨无法对应。

    在接踵而来的讨论中,我们将从尽量广阔的角度去关注法治的发展:法律本身——整套正义规则——来自何方?产权、合同执行、商法的特定规则如何发展至今?最高政治当局如何接受法律的至高无上?

    法律早于立法的哈耶克理论

    伟大的奥地利经济学家弗里德里希·哈耶克,发展了关于法律起源的精深理论,为法治的涵义提供了重要见解,成为今日人们思考法律的框架。哈耶克被称作当代自由至上主义的教父,但自由至上主义者并不反对规则。根据哈耶克,“共同规则的存在使社会中个人的和平共处成为可能”。在法律起源上,哈耶克把批判矛头指向所谓的“唯理主义”或“建构主义”理解。这种理解思路认为,立法者理性地研究社会问题,从而发明法律,以建立自以为更好的社会秩序。在哈耶克看来,建构主义只是过去三百年的自负,尤其是部分法国思想家,包括笛卡尔(Descartes)和伏尔泰(Voltaire),都认为人的大脑足以理解人类社会的工作方式。这导致了哈耶克所谓的铸成大错,如法国和布尔什维克的革命。其时,自上而下的政治权力以公正社会的预设重整社会。在哈耶克的时代(20 世纪的中期),这个错误不仅发生在社会主义国家,如依赖理性计划和中央集权的苏联,还发生在欧洲的社会民主党执政的福利国家。

    在哈耶克看来,错误原因很多,最重要的是没有一名计划者,能掌握足够的社会实际运作知识,以作出理性的重新安排。社会中的知识,大部分具有本地特性,再向整个社会扩散,没人能掌握足够信息来预测法律或规则改革后的效果。

    哈耶克认为,社会秩序不是自上而下的理性计划的结果,而是在数百或数千分散个人的互动中自发产生的。那些个人尝试各式规则,保留有效的,拒绝无效的。社会秩序产生的过程是递增、进化、分散的,只有借用无数个人的本地知识,有效的“大型社会”方能出现。自发的秩序获得发展,以达尔文为生物有机体所安排的方式——分散的适应和选择,并不倚靠创世主的专门设计。

    在哈耶克看来,法律本身便构成一种自发秩序,“毫无疑问,人们发现可以制作或更改法律之前,它已存在良久”。事实上,“个人学会观察(和遵守)行为规则之后的很久,才用语言将之表述出来”。立法——有意识颁布的新规则——“发生于人类历史的相对晚期……所有的法律都是、能够是、也应该是,立法者的自由发明……事实上,这是一种谬误,一个建构论唯理主义的谬种”。

    哈耶克心目中的自发秩序模型就是英国的普通法,无数法官设法将普遍规则用于所面对的特定案例,其判决的累积促使法律的进化发展:

    英国人享有的自由在 18 世纪令其他欧洲国家的人们羡慕不已……它是这样一个事实的结果,即支配法院审判的法律乃是普通法。该法律独立于任何个人意志,它既约束独立的法院,又为这些法院所发展。对于普通法,议会很少加以干预,即便有所干预,其目的也主要是为了澄清某一法律系统内的疑点。

    哈耶克由此锁定法治的本质:代表整个共同体愿望的既存法律,高于当前政府的意志,它限制着政府的立法范围。他对英国普通法的偏爱,获得当代经济学家的赞同,他们也认为,它比欧洲大陆的民法传统更为灵活,对市场更为友好。

    哈耶克在解说其法律起源理论时作出两项声明,一项是实证性的,另一项是规范性的。他主张在大多数社会中,法律以自发的进化方式发展,这种自然生成的法律应该优于有意识制定的法律。这一解释也是伟大的英国法学家爱德华·柯克(Sir Edward Coke)所推崇的,他认为普通法始于太古时代。埃德蒙·伯克(Edmund Burke)在为渐进主义(Incrementalism)辩护时,也援引此一解释。哈耶克是强大国家的伟大敌人,不管是苏联风格的共产党专政,还是以再分配和调节来实现“社会公正”的欧洲社会民主政体。在法律学者罗伯特·埃里克森(Robert Ellickson)所谓的“法律中心论”和“法律外围论”的长久争论上,哈耶克立场鲜明地站在后者一边。前者认为,正式制定的法律创立和塑造了道德规则;后者主张,它们只是编纂了非正式的既存规范。

    然而,哈耶克对最低限度国家的规范性偏爱,扭曲了他对法律起源的实证性见解。在很多社会,法律的存在确实早于立法,但政治当局经常介入以作修改,甚至在早期社会也是这样。现代法治的出现全靠强大中央国家的执法,其显而易见之处甚至可在他偏爱的普通法的起源中找到。

    从惯例法到普通法

    哈耶克认为,法律在社会规则分散演变的基础上获得发展,这一基本见解在广义上是正确的,无论是古代还是现代。但法律发展有重要中断,只能以政治权力的干预来解释,而不是“自发秩序”进程的结果。哈耶克只是把历史事实搞错了。

    这些过渡中有一个是英国从惯例法到普通法的过渡。普通法不只是惯例法的正规文本,它们之间有根本的差别。如我们在第 4 章中看到的,社会从部落组织过渡到国家组织,法律的意义便发生了重大变化。在部落社会中,个人之间的正义有点像当代国际关系,以竞争团体的自助为基础,没有更高级别的第三方执法。相比之下,国家层次的社会恰恰有如此的执法者,那就是国家本身。

    罗马帝国终结后的英格兰仍是部落组织,由盎格鲁人(Angles)、西萨克逊人(West Saxons)、朱特人(Jutes)、凯尔特人(Celts)等组成,尚无国家。家庭组成村庄,村庄再组成所谓的百户(足以承受百户居民)或县的更大单位。该层次之上就是国王,但早期君主没有武力的垄断,也不能对部落单位执行强制规定。他们不把自己当作领土的统治者,只是民众的国王——如盎格鲁人的国王(Rex Anglorum)。如我们在上一章看到的,6 世纪末,本笃派(Benedictine)的修道士奥古斯丁(Augustine)抵达英格兰,基督教便开始破坏盎格鲁—萨克逊的部落组织。但部落法律受到的侵蚀只是日渐月染的,到公元第一个千年后半期的混乱时代,仍然盛行。亲戚团体内有深深的信任,但竞争氏族之间却有敌意和警惕。所以,正义牵涉亲戚团体之间的相处规则。

    盎格鲁—萨克逊编纂的第一本部落法律,是公元 600 年左右的《埃塞尔伯特法典》(Laws of Ethelbert),与稍早的墨洛温(Merovingian)国王克洛维一世的《萨利克法典》非常相似,罗列出各种受伤的赔偿金:

    四个前门牙,每个价值六先令;其旁边的牙齿价值四先令,剩下的牙齿价值一先令;大拇指、大拇指指甲、食指、中指、戒指手指、小手指,各自的指甲都有区分,分别定价。相似分类也用在耳朵上,损失听力、耳朵削掉、耳朵穿孔、耳朵割裂;用在骨头上,骨头暴裸、骨头损坏、骨头断裂、头骨打破、肩膀失灵、下巴断裂、领子骨断裂、手臂断裂、大腿骨断裂、肋骨断裂;用在瘀伤上,衣服外的瘀伤、衣服内的瘀伤、没显黑色的瘀伤。

    基于赔偿金的惩罚,其特征是不公平,因受伤者社会地位的不同而有差异。所以,杀死一名自由人的赔偿金,也许是杀死仆人或奴隶的好几倍。

    日耳曼的部落法律在本质上类似于其他部落社会,从努尔人,到当代的巴布亚新几内亚一语部落。如果有人伤害了你或你的亲戚,你的氏族为了保护自己的荣誉和可靠性,必须施以报复。受伤和报复都是集体的,报复对象不一定是行凶者,他的近亲通常就也足够。赔偿金的存在就是为了解决争端,以防升级,成为无休止的血亲复仇或部落间的仇杀。

    现代法庭的遥远起源就是调停血亲复仇的氏族聚会。在盎格鲁—萨克逊部落,这就是模拟法庭,倾听控告和被告的作证,然后商讨适当的赔偿。但它没有现代的传讯权利,以逼迫证人出庭。它的裁决也得不到执行,除非达成协议。法律的证据往往有赖于用刑,譬如迫使被告赤脚走过火红的煤炭或犁头,或干脆将他们扔进冷水和热水,看是沉还是浮。

    如尼采所观察到的,基督教传入日耳曼部落后,给道德带来了深远启示。基督教的英雄是和平圣徒和烈士,不是武士或报仇的征服者;其传道的普遍平等,又相悖于部落社会基于荣誉的等级制度。基督教有关婚姻和遗产的新规则,不仅破坏部落团结,还创造新社区观念,其成员不再忠于亲戚团体,而分享共同信仰。国王的概念也从共同祖先团体的领袖,变成广大基督徒社区的领袖和保护人。不过,这个改变是循序渐进的。

    部落制在基督教社会中的消亡并不意味家族制的死亡。在东正教中,这段时期的主教和教士可以结婚生子,还可实行宗教名义下的纳妾(nicolaism)。教会通过信徒的捐献获取愈来愈多的财产。教会领袖争取将圣俸传给孩子,加入地方的氏族和部落的政治运作,都变得不可避免。教会职位经手这么多的财富,本身也变成可供交易的珍贵财产,该做法叫作圣职买卖(simony)。

    日耳曼异教徒皈依基督教,就像阿拉伯或突厥部落社会中不信者之皈依伊斯兰教,向哈耶克自发秩序的理论提出了有趣挑战。浏览哈耶克的相关阐述,找不到点滴的宗教因素。然而众所周知,在犹太教、基督教、印度教、穆斯林的社会中,宗教是法律规则的重要来源。基督教进入欧洲,给刚从部落习俗中脱颖而出的惯例法带来第一次主要中断。婚姻和产权规则发生变化,允许女子拥有财产,但这不是地方法官或社区的自发试验,而是强大的天主教等级制度所颁布的革新。教会并不反映地方上不同的价值观念,东正教和穆斯林的宗教当局,都没以相似方式来改造社会上现存的亲戚规则。教会很清楚,它不只是在批准惯例法:教皇乌尔班二世(Urban Ⅱ)在 1092 年告诉佛兰德伯爵(Count of Flanders):“你宣称,你只不过是照地方上的古代习俗行事?即使如此,你应该知道,创世主说过:我的名字是真理;他没有说过:我的名字是习俗。”

    英国法律发展中第二个主要中断是普通法的引入。普通法并不是惯例法的自发演变,它与早期国家的兴起密切相关,并凭借国家权力而取得最终的统治地位。事实上在诺曼征服之后,向全国颁布统一的普通法,已变成扩展国家权力的主要工具。伟大的法律学者弗雷德里克·梅特兰和弗雷德里克·波洛克,如此解说普通法的起源:

    国王法庭(royal court)的习俗就是英国的习俗,从而变成了普通法。对于地方习俗,国王法官以一般性的语言表示尊敬,我们并没有看到任何移风易俗的主观愿望。不管如何,地方习俗即使没遭破坏,也得不到成长。尤其是程序,国王法庭取得了对所有其他法庭的彻底控制,将自己的规则视为唯一公正的。

    弄不清早期欧洲国王的作用,就不能理解这个过程。11 世纪的国王不是领土统治者,更像分散封建秩序中伙伴中的老大。像威廉一世和亨利一世那样的国王,花大部时间在旅途中察看国土的各部分。其时,大家都已退回各自分隔的村庄和庄园层次的小社会,这也是国王宣告权力和保持联系的唯一方法。国王的主要服务是充作上诉法庭,若有人不满意领主法庭(seigneurial)或庄园法庭(manor)所提供的正义。从自身利益出发,国王也希望扩充自己法庭的司法权,因为它的服务是收费的。向国王法庭提出上诉增强国王的威望,他可以推翻地方领主的裁决,从而削弱后者的权威。

    起初,各类法庭相互竞争,以取得司法生意。随着时间的推移,国王法庭开始占据优势。人们避开地方法庭有多种原因。巡回的国王法庭被视为更加公平,与领主法庭相比,它与本地诉讼人的牵连更少。它们也有程序上的优势,如强迫民众参与陪审团的工作。长年累月,它们又获益于规模和范围上的经济效益,司法需要人力、专长、教育。第一个全国官僚机构是国王法庭所建立的,它开始编纂惯例规则,建立先例系统。显而易见的,写作是必要的前提。每过十年,熟悉先例的法律专家越来越多,再被指定为法官,派往全国。

    顾名思义,普通法就是不特殊,普遍适用。也就是说,英国不同地区的众多惯例规则,现由单一的普通法所取代。各地的先例适用于全国,即遵循先例的原则(stare decisis)。执法的是法官网络,其工作环境是统一的法律系统,比以前拼凑的惯例规则更为系统、更为正式。普通法基于惯例法所订下的先例,但国家权力的兴起,创造了惯例规则不敷使用的全新环境。例如,以前亲戚团体以赔偿金解决的犯罪,现受到更高级别的第三方的起诉,或是庄园主,或是国王本人。国王法庭也开始变成无争议事项的登记场所,如财产注册和土地转移。

    因此,普通法代表了英国法律发展的中断。它依据较早的先例,如果没有诺曼征服,绝不可能成为全国法律。诺曼征服赶走了古老的丹麦和盎格鲁—萨克逊人的贵族,建立起愈益强大的大一统中央政权。以后的普通法演变可能是自发的,但它作为法律裁决的架构,又需要中央政治权力的干涉。

    历史学家约瑟夫·斯特雷耶认为,中世纪时,早期国家的创建涉及法律制度和财政制度,而不是军事组织;军事动员促进国家建设,则要等到早期现代。在某种意义上,法律机构甚至早于财政机构,因为国王法庭是国王收入的最重要来源之一。国王提供平等正义的能力——不像惯例法中,依据受害者社会地位而定不同的赔偿金——加强了自己的威望和权威。像中东传统中的君主,国王不一定被视为最大最具掠夺性的军阀。他又可充任受地方领主掠夺的牺牲者的保护人,一个主持正义的人。

    中央国家的法律功能,对英国后来的产权发展和国家的合法性至关重要。对地方领主与自由佃户和非自由佃户的交易,领主法庭享有专门司法权,直到大约 1400 年。这种情形下,一旦发生财产争执,就有点像由狐狸来守护鸡笼。逐渐地,国王法庭宣称有权过问这些纠纷。13 世纪早期,有人提出国王在全国范围享有司法权,低级法庭的司法权来自国王的委托。原告偏爱把诉讼送到国王法庭,久而久之,领主法庭慢慢失去对土地租佃纠纷的司法权。这一市场驱动的选择显示,国王法庭肯定被视作更加公平,更少偏向地方领主,更可能执行裁决。

    其他欧洲国家没有发生类似的改变。尤其在法国,领主法庭保留对土地租佃纠纷的司法权,直到法国大革命。在某种意义上,这很讽刺。一般认为,17 世纪的法国国王,如路易十三和路易十四,明显不同于英国国王,通过坚持自己的绝对权力来削弱贵族阶层,但他们却把地方法庭的司法权留给省城贵族。亨利·梅因爵士在他的论文《法国和英国》中指出,革命爆发之后,全法国的庄园主住宅被烧,纵火的第一对象是储存财产文件的契约房(muniment room)。不像英国农民,法国农民觉得地主手中的地契不合法,由于地方领主控制的法庭一直抱有偏见。

    最后的案例点明了法治性质的要点。法治依靠法律本身和可见的管理机构——法官、律师、法庭等,也依靠制度运作的正式程序。但法治的正常运作,既是制度或程序上的事务,也是规范性的事务。和平社会中的大多数人服从法律,不是因为做了理性的利弊计算,恐惧处罚;而是因为相信法律基本上是公平的,在道德观念上已习惯于遵守。如果相信它是不公平的,他们就比较不愿服从。

    被视作公平的法律,如果执行不均,或有钱有势者得以豁免,也将被认作不公平。这似乎将负担重又放回制度和程序,以及其公平执法的能力。这里仍有规范化的问题,如果有钱有势者在某种程度上不相信自我约束的必要,甚至不相信有约束同类的必要,光是制度何以遏制他们?在很多法治软弱的国家,法官、检察官、警察可被收买,或可被胁迫,正式制度的存在又能发生什么效用呢?

    要建立规范化的法律秩序,不但国王接受,老百姓也愿接受,宗教就很有必要。波洛克和梅特兰写道,国王并不在法律之上:“每个国家一定要有某人或某些人在法律之上,一名既无义务又无权利的‘君主’,这样的理论一定会遭到拒绝……没人假设,国王可以更改天主教会的普通法,即使获得高级教士和男爵的同意。”国王受到约束,因为百姓会以造反来反对他们所认定的不公。什么是不公,什么会动员百姓起来反抗国王,全看国王的做法合不合法。

    即使是公平的规范化秩序,也需要权力。如果国王不情愿执行针对精英的法律,或心有余而力不足,法律的合法性就会受损,不管其来源是宗教、传统还是习俗,这是哈耶克和他的自由至上主义追随者所疏忽的。普通法可能是分散各地法官的业绩,倘若没有强大的中央国家,它首先不会形成,之后也得不到执行。 英国很早就完成了从惯例法到现代法律制度的过渡,让人印象深刻,这构成了国家合法性的基础。其他欧洲国家在 13 世纪完成类似过渡,但依据的是完全不同的法律制度,即来自《查士丁尼法典》的民法。欧洲大陆的过渡,其关键也是天主教会的行为。这个故事,以及教会如何不同于印度和穆斯林世界的宗教机构,将是下一章的主题。

    第 18 章 教会变为国家

    天主教会对法治在欧洲的形成至关重要;叙任权斗争和后果;教会获得国家般的特征;世俗统治领域的出现;当代法治植根于上述发展

    最深刻意义上的法治意味着:社会产生共识,其法律是公正和既存的,能够约束其时统治者的行为;享有主权的不是统治者,而是法律;统治者的正当权力只能来自法律,方才享有合法性。

    在我们的世俗现代之前,在政治秩序之外,公正法律的最显著来源是宗教。宗教权威只有独立于政治权威,基于宗教的法律才能约束统治者;如果宗教权威组织涣散,或国家控制着教会的财产及教士的任免,那么宗教法律更有可能是在支持而不是限制政治权威。要理解法治的发展,不但要看宗教规则的来源和性质,还要关注宗教权威的组成和建制化。

    欧洲的法治植根于基督教。欧洲国家出现之前,罗马就有颁布权威法律的基督教主教(pontiff)。欧洲关于婚姻和遗产的规则,最初不是君主所规定的,而是来自像教皇格里高利那样的个别人士。他的特使奥古斯丁带着他一清二楚的指示,远赴不列颠岛,以说服异教的埃塞尔伯特国王皈依基督教。

    激进伊斯兰主义在 20 世纪晚期兴起以来,很多人指出,西方的教会和国家截然分开,但是,像沙特阿拉伯那样的穆斯林国家却政教不分。但这一差别经不起仔细的推敲。自基督教出现以来,西方的政教分离并不是常数,而是时断时续的。

    基督教起初只是一个千禧宗派,在其存在的头三个世纪受到残酷的迫害,先是犹太人,再是罗马政治当局。到公元 313 年,君士坦丁(Constantine)皈依基督教,它从非正统宗派一下子变成罗马帝国的国教。罗马帝国的西部遭到异教野蛮人的征服,宗教和政治权力又一次分开。西方政权的孱弱给予天主教更多的独立机会,教皇哲拉修一世(Gelasius,492—496 年在位)在教条中争辩,高级教士拥有比君主行政权更高的立法权。到了黑暗时代之末,政治权力重新恢复,政教第二次交融。

    政教合一(Caesaropapism)是一种制度,它的宗教权威完全服从于国家,像基督教向罗马国教的转化。现保留给教皇的最高教士(pontifex maximus)头衔,曾是罗马皇帝的,因为他也是罗马国教的首脑。中国始终是政教合一(唐朝可能是例外。其时,佛教在精英中颇受欢迎),此外还有什叶派掌控地区之外的大部分穆斯林世界。拜占庭的东罗马帝国是现代东正教的老祖宗,也是政教合一称号的发源地。它始终不变,直到土耳其在 1453 年征服君士坦丁堡。大家所忽视的是,到了 11 世纪初,西方基督教世界的大部都已变成实际上的政教合一。

    政教合一的实际意义是指政治当局对教会享有委任权,中世纪早期的欧洲都是如此。全欧洲的皇帝、国王、封建领主都在任命主教,也有权力召开教会会议,颁布教会法律。教皇将合法性赋予皇帝,皇帝却也在指定和罢黜教皇。1059 年之前的二十五位教皇中,皇帝任命了二十一位,罢黜了五位。教会当局对文官当局的惩罚,欧洲国王都享有否决权。

    在多数欧洲国家中,教会确实拥有四分之一到三分之一的土地,从而得到收入和自治。由于政治当局控制了教会圣职的任命,教会的独立程度还相当有限。教会的土地经常被认为是皇家的赞助,统治者经常委任亲戚为主教,主教和教士又允许结婚,经常会卷入他们所管辖地域的家庭和宫廷的政治。教会土地可变成遗产,传给主教的孩子。教会官员也担任政治职位,进一步增强了宗教和政权的牵连。所以,教会本身就是前现代的家族组织。

    天主教会宣告独立

    11 世纪晚期,天主教开始独立于政治权力。领衔带头的是一位名叫希尔德布兰德的修道士(Hilderbrand),后来他成为教皇格里高利七世(1073—1085 年在位)。他在教皇派中凝聚了一帮人,包括彼得·达米安(Peter Damiani)、红衣主教汉伯特(Humbert)、教皇帕斯卡尔二世(Pascal Ⅱ)。他们认为,教皇应对所有的基督徒和政治当局行使至高无上的法律权力,并有罢免皇帝的权利。他还宣称,任命主教的唯一机构是教会,而不是世俗当局。其时背景是神圣罗马皇帝亨利三世(Henry Ⅲ)的阴谋诡计。为了出席加冕典礼,他抵达罗马,马上罢免作为对手的三位教皇,以推举自己的候选人。

    根据希尔德布兰德,教会一定要实施改革,才能独立于政治权力,最重要的一点就是要严禁教士、主教结婚和生儿育女。他攻击常见的宗教纳妾和圣职买卖,它们让教会职位变成了可供交易和遗传的财产。希尔德布兰德派发起了一场传单战役,敦促基督徒不要接受已婚或纳妾教士的圣礼,并抨击为赚钱而提供教会服务的行径。成为格里高利七世后,他把教士独身订为教会的正式原则,并迫使已婚教士在教会义务和家庭义务之间作出选择。这是向教士既得利益的挑战,导致教会内部艰巨而激烈的斗争。教皇格里高利的目标是想在教会内终止腐败和寻租,所以攻击家族制的根源,即主教和神父的生儿育女。他的思维逻辑无异于中国和拜占庭依赖太监、奥斯曼帝国从家人手中夺走军事奴隶。如果在忠于国家和忠于家庭之间作出选择,大多数人出于生物本能会选后者。所以,减少腐败的最直接方法,就是禁止官员组织家庭。

    这项改革自然遭到现有主教的反对。教皇格里高利明白,他赢不了这场战役,除非他有权任免主教,而不是皇帝。在 1075 年的教皇宣言中,他要将罢免主教和世俗教职的权利从国王手中收回。神圣罗马皇帝亨利四世的答复,是要将他罢黜,“下台,下台,你这个受诅咒的”。格里高利的回应是将皇帝逐出教会。很多日耳曼君主和一部分主教支持教皇,迫使亨利四世在 1077 年赶来格里高利在卡诺莎的住所。他足足等了三天,赤脚站在雪地,以求教皇的宽赦。

    有些历史性事件全由个人引起,如不提及他们特殊的道德品质,就难以解释。叙任权斗争就是这样的事件。格里高利有不屈不挠的坚强意志,在教皇派中,曾被伙伴称作“我神圣的撒旦”。就像四个世纪后的马丁·路德,他对改革之后的教会以及其在社会中发挥的作用,抱有恢宏的远见。他不怕胁迫,愿意看到与皇帝的冲突逐步升级,直至全面对抗。

    但这历史上的著名冲突,仅靠个人意志是解释不清的。天主教会成为自治的政治参与者,其重要背景是欧洲普遍的政治软弱。拜占庭的东正教及其在俄国的正统继承者,不得不接受其所在帝国的监护。相比之下,西方教会位于政治上分崩离析的意大利半岛,北方邻国的日耳曼人也是散沙一般,神圣罗马帝国只取得名义上的统一。11 世纪的法国并不团结,无法果断地干涉教皇政治。这段时期的教会虽然没有自己的军事力量,但很容易在周边政治体的相互竞争中合纵连横。

    亨利四世在卡诺莎接受教皇的权威,但仍不愿承认教皇委任主教的权利,依旧拒绝格里高利的要求。他继续占领罗马,罢免格里高利,让自己提供的候选人克雷芒三世(Clement Ⅲ)成为一位对立教皇(antipope)。格里高利向意大利南部的诺曼国王们求救。他们答应,但到最后洗劫罗马,引起罗马居民的反抗。格里高利被迫与诺曼同盟一起撤回南方,于 1085 年死于萨莱诺(Salerno),身名俱败。叙任权斗争延续到下一代,格里高利的继承者,再将亨利四世和其儿子亨利五世逐出教会。另一方面,皇帝罢免教皇,扶持自己的候选人成为对立教皇。最终达成协议的是 1122 年的沃尔姆斯宗教协定(Concordat of Worms),皇帝基本上放弃叙任权,而教会承认皇帝在一系列世俗事务上的权力。

    叙任权斗争对欧洲后续发展非常重要。首先,它允许天主教会进化成现代的、等级制的、官僚化的、依法而治的机构,如法律历史学家哈罗德·伯尔曼(Harold Berman)所认为的,还为后来建国者树立了榜样。根据亨廷顿,机构发展的标准之一就是自治,如果不能控制对自己官员的任命,机构就不可能是自治的。这也是叙任权斗争的中心争执。沃尔姆斯宗教协定之后,教皇变成教会等级制度中无可争辩的执行总裁,在红衣主教学院的建议下,可随意任免主教。

    教会也纯洁自己的行止。教士的独身制消除了将圣俸授予亲戚和后裔的诱惑,并给教职出售涂上新的道德色彩。教会可以什一税(tithe)的形式征收税赋,由于教职人士脱离地方氏族的政治,而变得更善于处置自己的财政资源。它还显示出真正国家的特征,有时组织自己的军队,在确定领土中(尽管很小)行使直接司法权。

    教会对世俗事务的介入,当然未因叙任权斗争而告结束。世俗统治者也在继续设法操纵教皇职位,安置自己的候选人,例如 14 世纪的阿维农教皇(Avignon)。随着时间的推移,又出现新式滥权,最终为宗教改革铺平道路。与世界任何其他宗教机构相比,天主教在适应性、复杂性、自治性、连贯性方面的建制化更为高级。

    叙任权斗争的第二个重要成果是精神领域和尘世领域的明确分离,从而为现代世俗国家铺平道路。如早先提及的,这个分离只在基督教中隐性存在。沃尔姆斯宗教协定,在西方教会的历史上永远终止了政教合一时代。这种方式,从没出现于东正教或穆斯林世界。

    为了削弱政治统治者的权力,格里高利的改革宣告教会的普遍权威,不管是精神还是尘世,甚至还包括罢免国王和皇帝的权利。事实上,基督教皇是在要求印度婆罗门从一开始就在行使的权威。然而,经过漫长的政治和军事的博弈,教会被迫妥协。它划出明确界定的精神领域,让自己实施无可争辩的控制,同时又承认,世俗统治者有权在另外范围行使统治权。这一分工,为后来世俗国家的兴起打下基础。

    最后,叙任权斗争对欧洲法律和法治的发展产生了重大影响。第一,教会阐述系统性的教会法规取得合法化;第二,教会创造了建制化的精神权威的单独领域。

    罗马法的再现

    与皇帝发生冲突时,格里高利和继承者没有自己的军队可以调动,只能通过呼吁合法性来加强自己的力量。于是,教皇派发动了一次对法律源头的搜索,以支持教会享有普遍司法权的主张。搜索结果之一是 11 世纪末,在意大利北部的图书馆内重新发现《查士丁尼法典》(Corpus Iuris Civilis)。迄今,《查士丁尼法典》仍是民法传统的基础,不管是欧洲大陆,还是受其殖民或影响的其他国家,包括从阿根廷到日本。很多基本的法律常识,如民法和刑法、公法和私法之间的差别,都可从中找到起源。

    《查士丁尼法典》是罗马法律高度精细的汇集,6 世纪初,在查士丁尼皇帝治下的君士坦丁堡成书问世。重被发现的文本包含四部分:摘要、制度、法典、案例,其中摘要最为重要,涵盖的题目包括个人地位、民事侵权、不公平致富、合同、补偿。查士丁尼时代的法学家相信,它是早期罗马法(现已遗失)最重要遗产的汇总,并变成 12 世纪新一代欧洲法学家的研究主题。

    罗马法的复兴之所以可行,是因为在新式机构中开展了法律研究,那就是新兴的现代大学。11 世纪末,博洛尼亚(Bologna)大学成为研究中心,来自欧洲各地的数千学生聚集起来,聆听像伊尔纳留斯(Irnerius)那样的教授讲解摘要。新的法律课程让欧洲人看到一套详尽的法律系统,可立即用于自己的社会。《查士丁尼法典》的知识由此传播到欧洲大陆最遥远的角落,法律学院在其他城市纷纷涌现,如巴黎、牛津、海德堡(Heidelberg)、克拉科夫(Cracow)、哥本哈根。有点像英国普通法的情形,罗马法的恢复突然取代了盛行于欧洲的日耳曼惯例法,代之以更为统一的跨国规则。

    推介《查士丁尼法典》的第一代学者被称为训诂者(glossators),其主要工作是重建罗马法。后续一代的学者,如托马斯·阿奎那(Thomas Aquinas),则看得更远,为寻求法律的思想基础而直抵古希腊。亚里士多德等古典哲学家认为,习俗和见解需要接受人们的理性考量,并对照于更普遍的真理标准。阿奎那将这条原则,用于自己对亚里士多德的研究。他所建立的哲学传统,鼓励后代法律评论家不要机械复制现存法律,而要推论法律来源,以做到活学活用。欧洲大学所复原的古典传统,不仅是向静态的文本寻求权威,而是对文本的涵义进行理性查询。

    新兴大学培养了一批特别律师,既能解释古典文本,又掌握专门知识。教会和世俗的当局开始认为,他们需要依赖律师的专长来作出裁决,尤其是在极为重要的商业合同和产权方面。律师依次发展自己的机构利益,拒绝非专家和自私的政治派别闯入他们的专业领域。

    格里高利改革之前,教会法律包括宗教会议的法令、教父的著作、教皇法令、代表教会的国王和皇帝所颁布的法令。此外,还混杂有罗马法的残余和日耳曼的惯例法。随着教会等级制度的建立,教会第一次有可能权威地制定法律,凭借愈益专业的教会法律专家,将统一性注入新法典。受过法律训练的修道士格拉提安(Gratian),分析、校对、调和了数世纪以来的几千条正典(canons),再将之综合成统一的法规。这本《教会法规汇编》(Concordance of Discordant Canons)出版于 1140 年,洋洋洒洒一千四百页。格拉提安建立了神圣法、自然法、制定法、惯例法的法律等级制度,又设计了理性程序,以解决相互之间的矛盾。格拉提安之后的一个世纪,教会法规得到极大扩充,涵盖了广泛的法律题目,包括刑法、家庭、财产、合同、遗嘱。

    天主教会通过统一教会法规的概念而取得国家属性,又通过发展行政官僚机构,而变得更像一个国家。法律学者认为,韦伯所定义的现代官僚的“职位”(office),其第一个模型是在 12 世纪教会等级制度中产生的。现代职位的特征之一是职位和官员的分离,职位不是私人财产,执掌职位的只是领薪官员,身受所处等级制度的纪律约束;职位依功能而分,执掌职位要有技术专长。如我们所知,所有这些都是秦朝以来中国官僚制的特征,尽管有不少“职位”在后续朝代中重新家族化了。教会的叙任权从世俗政权的手中获得解放,教士独身制又得到强行的实施,自此以后,教会的官僚制特征愈益明显。例如,教会开始在 12 世纪早期区分教职(officium)与圣俸(beneficium)。教职人士不一定收到封建圣俸,现只是领薪的教会员工,根据自己的工作表现或被雇用,或被辞退。这些官僚开始任职于教皇秘书处(Papal Chancery),很快又变成世俗统治者秘书处的榜样。

    法律和现代国家的兴起

    9 世纪卡洛林王朝崩溃之后,权力四下分散。到格里高利改革时期,欧洲的政治秩序见证了逆转的开头。权力流向一系列的地区领袖,当地方领主在 10 世纪末纷纷建造城堡时,又受到进一步的分割。庄园——基本上自给自足的生产和军事的单位,以领主的城堡和土地为中心——变成整个欧洲的统治来源。这个系统之上又出现几家王室,如以法兰西岛(Île de France)为中心的卡佩家族(Capetians)、征服英国和意大利南部的各式诺曼男爵。他们只是比对手拥有更多土地,遂变成新型领土国家的核心。

    格里高利的改革不仅向领土国家提供了官僚和法律的榜样,并鼓励他们发展自己的建制。世俗统治者负责领土内的和平和秩序,并提供规则以促进新兴商业。这导致了独特法律领域的形成,分别与封建、庄园、城市、长途贸易有关。哈罗德·伯尔曼认为,法律形式的多样化激发了司法辖区之间的竞争和革新,从而促进自由在欧洲的发展。尤其重要的是独立城市的兴起,它的自由人口和对外贸的依赖,刺激了对商业法律的新型需求。

    教会在建制上趋向独立,更刺激了封建社会其他领域的集团组织。在 11 世纪,主教杰拉德·德·坎布雷(Gérard de Cambrai)和主教阿尔德贝隆·德·拉昂(Aldabéron de Laon)创立社会等级一分为三的原则:贵族、神职人士、平民——即打仗者、祈祷者、支持前两者的劳作者。这些功能组织与地域没有关系,其为三个代表阶层的形成打下意识形态的基础。统治者定期召集各代表阶层,以批准征税和讨论国家大事。如后续章节所显示的,欧洲国家今后发展的是负责制政府还是专制政府,将取决于这些阶层能否顶住中央君主的压力。

    欧洲国家建设的特征之一,是很早就非常依赖法律。法律在国家制度成长方面,既是动机,又是过程。专家习惯于认为,战争和暴力是欧洲政治发展的主要动力。这在早期现代肯定没错,其时,专制主义的兴起与军事动员的财政需求休戚相关。但在中世纪,国家获得合法性和权威,靠的是分配正义的能力,其早期机构多为执法部门。

    最能体现这一点的,非英国莫属。21 世纪初,我们习惯把英国及其衍生品美国,当作盎格鲁—萨克逊经济自由主义的家园,把法国当作中央集权政府的诞生地。然而在 14 世纪之前,这正好恰恰相反。所有的欧洲政治体中,英国国家是最集中最强大的,其基础就是国王法庭,以及它向全国提供正义的职能。到 1200 年,它已拥有常设机构,配置以专业或半专业官员。它颁布法令规定,与土地权有关的案例,一定要得到国王法庭的命令方可成立。它还向全国征税。中央权力的证据就在《末日书》(Domesday Book,即《土地调查清册》),它的编纂在诺曼征服后不久,核查了国内每一郡的居民。

    当时已有了英格兰国家身份的雏形。1215 年男爵们在兰尼米德(Runnymede)对抗国王约翰,强行施加《大宪章》(Magna Carta)。他们这样做,不是作为只想为自己争取豁免权的军阀。他们期待统一的中央政府,通过国王法庭来更好地保护自己的权利。在这一点上,他们把自己当作更大社区的代表。相比之下,法国其时比较分散,各地区之间有重要的语言和文化上的差异,国王筹集税赋,只能在法兰西岛周围的自己领地。

    中世纪教会为法治树立先例

    天主教会在 12 世纪成为现代官僚机构,并颁布统一连贯的教会法规,但这离现代法治还很远。法治牢固的发达国家,向政府统治提供合法性的通常是书面宪法。但这套法律并不起源于宗教权威,事实上很多宪法规定,在牵涉宗教的道德问题上必须维持政治的中立。现代宪法的合法性来自某种民主的批准程序。这套法律可被看作扎根于永恒或普遍的原则之中,在亚伯拉罕·林肯看来,美国宪法就是一例。但多数现代宪法对其合法性的最终来源都有点隐约其词。从实用角度看,那些原则的解释仍然取决于政治上的争论。到最后,借民主取得合法性的行政和立法的机构,其权力仍然要受制于借民主取得合法性的宪法。后者取决于更严格的社会共识,如某种形式的超多数选举。在最近发展中,各国政府也要受制于跨国法律机构,如欧洲人权法庭(European Court of Human Rights)和国际战犯法庭(International Criminal Court)。不过,与国家层次的法庭相比,它们的合法基础比较暧昧。包括以色列和印度的自由民主国家中,宗教法庭仍在家庭法上享有司法权。但这只是例外,宗教权威不得参与法律制度是普遍规则。

    那么,为何要说基于宗教的法律为现代法治奠下了基石?

    宗教权威的分开存在,使统治者倾向于承认,自己不是法律的最终来源。弗雷德里克·梅特兰坚信,没有一位英国国王认为自己高于法律。但这不适用于任何一位中国皇帝,因为没有一条法律是他们承认的,除非是自己的金口玉言。在这方面,像印度的拉贾和刹帝利、阿拉伯和土耳其的苏丹,基督教君主同意自己身处法律之下。

    在每个实行以宗教为基础的法律的社会中,政治统治者都制定法律,试图侵入宗教法律的领域。在许多情况中这种侵入是必要的,因为有很多方面宗教法律不敷使用,但最危险的侵入是针对原则的。早期现代欧洲的重要政治斗争(将在后续章节中作详细说明)涉及崛起的君主,他们凭借新颖的主权原则,将自己置于等级制度的顶部,以取代上帝。这些国王像中国皇帝,声称自己可单独制作法律,不受既存法律、习俗和宗教的束缚。成功抵制这些声称,重申法律的至高无上,那就是现代法治兴起的故事。法律本身可能还不够,所以又从宗教传统那里获得圣洁、自治和连贯性,从而更易实行这种抵制。

    法律体现有关正义规则的广泛社会共识,如果明白这一点,那么中世纪法治和现代法治之间的中断,与其说是实质性的,倒不如说是表面上的。这也是哈耶克所说的法律早于立法的涵义。在 12 世纪的宗教年代,或在同时期的穆斯林或印度世界,社会共识往往通过宗教表述出来。与今天相比,那时宗教在日常生活中发挥更为重要的作用。宗教法律不是从外空掉入社会的,一开始可能伴随暴力和征服而至,再与社会共同进化,渐渐演变成本土的道德规则。当时,宗教和世俗的领域互不分离,阐明社会共识就不得不使用宗教语言。在宗教扮演较为局限角色的今天,无可避免地,必须通过其他途径来确定社会共识,譬如通过民主选举。无论用宗教语言还是世俗语言,法律始终是广泛分享的正义规则的表述。

    12 世纪浮现的宗教法律,对现代法治施加了重大影响,它帮助促进了法律的建制化和理性化。法治若要存在,光是建立统治者服从法律的理论原则还不够。还要有体现有关法律的具体机构,并取得独立于国家之外的某种程度的自治,否则就很难控制国家的随心所欲。此外,如果法律不是一套连贯和清晰的规则,就不能限制行政权力。宪法上的分权,必须依靠一个切实的法律体系,该体系掌控自己的用人和晋升,设立自己的专业标准,训练自己的律师和法官,在解释法律时,享有不受行政机构干涉的真正权力。英国国王负责创建了以国王法庭为终极权威的普通法,他也将大量权力下放给法官,允许法律专业的茁壮成长,其就业和收入并不完全依赖国家。在欧洲大陆,查士丁尼的民法传统,意味着较为集中的法律诠释,但也有自治的法律专业的平行成长——事实上,出现了多种法律的多门专业。两种情形中,西方法律的理性化程度都要大于印度或穆斯林逊尼派。后两种传统文明中,没有涌现像修道士格拉提安那样的人,将整套既存的宗教法令统一连贯起来。

    西欧出现的法律传统明显不同于东正教。影响后来政治发展的不是基督教本身,而是西方基督教所采用的特别制度。东正教的主教继续接受皇帝或本地统治者的任命,教会在总体上也从没宣告自己的独立。不像西方的教会,东正教从未丧失罗马法的传统,也从未宣称法律有高于拜占庭皇帝的至上地位。

    法治的涌现是构成现代政治发展的三大组件中第二个。跟确定欧洲脱离部落或亲戚社会组织的过渡时间一样,法治出现的时间也需要再往前提,其远远早于早期现代时期——至少要提到到 12 世纪。这也点出了本卷的中心主题,即现代化的不同组件,并不全是某种一揽子解释的一部分,它们并非都是伴随宗教改革、启蒙运动和工业革命而来的。独立城市和新兴贸易的需求,促使了现代商业法律的发展。但法治一开始不是经济力量的产品,而是宗教产品。所以,作为经济现代化关键的两个基本制度——可以自由选择个人的社会关系和财产关系,透明预知的法律为政治统治设限——都是前现代中世纪教会所创造的。只是到了后来,这些制度证明在经济范围内也相当有用。

    第 19 章 国家变为教会

    法治在印度和中东的发展,但在中国缺席;中东世俗和宗教的当局有效分享权力;前现代中东政权遵守产权;穆斯林乌里玛不能以基督教会的方式制衡国家权力;当代阿拉伯世界没有法治;现代法治的比较

    在中国,宗教并不反映社会和文化的共识,毋宁说是社会抗议的手段。这体现在汉朝的道教、唐朝的佛教、19 世纪受基督教影响的太平天国等。中国的国家轻易掌控各式祭司团体,从不承认比国家本身更高的宗教权威。

    所以,中国没有基于宗教的法治的历史基础。中国的传统以法家思想为基石,中国人心目中的法律主要是制定法(positive law),也就是皇帝所颁布的王法。秦、汉、隋、唐、明等朝都出版了重要法典,很多篇幅只是各式违法的处罚表。7 至 8 世纪陆续颁布的《唐律》,不提法律的神圣来源,只说法律是世俗统治者所制作的,以控制百姓的行止和避免自然和社会的失衡。

    印度则完全不同,与印度国家形成同期或稍早的婆罗门教,规定政治/武士阶层——刹帝利——必须从属于祭司阶层的婆罗门。印度宗教以四大社会阶层的瓦尔纳为基础,印度统治者必须向身处顶端的祭司取得合法性和社会支持。所以,法律深深植根于宗教,而非政治。最早的法律文本《法论》(Dharmasastras),不是像中国那样的皇帝法令,而是宗教权威所写下的文本。印度后来的法律发展有点像英国的普通法,没有严格遵循这些法律文本,反而依据判例,并把班智达(panditas,精通宗教典籍的学者)所创造的先例前后连接。执行裁决的经常是婆罗门,而不是政治当局,不允许分开的世俗领域来制订规则。法律有很多哈耶克提及的特征,通常是不可更改的,除非能找到与当前法律有关的更古老先例。独立后,印度议会试图修改婚姻和离婚的法律,据称有名保守印度人这样说:“议会的权力不可推翻经典(Shastras)的命令,那是上帝说的话,由圣人(Rishis)为我们抄录下的。印度人不可接受经典之外的任何权威。”

    然而,婆罗门阶层没有组织成单一的等级制度,不能对国王和皇帝发号施令,没有印度教皇,也没有印度教会。婆罗门阶层仅代表一个网络,其成员居住在无数的村庄和城市,彼此联络而已。婆罗门内部又分出不同的迦提,由此而充满等级差别。主持国王授权仪式的婆罗门,可能不愿与主持葬礼仪式的交往。宗教权威在地方上享有极大影响,几乎每一项社会事务都需要他们的服务。他们从不臣服于国家,或成为国家的雇员,但也无法凭借建制化的等级制度来采取集体行动。迦提所造成的权威碎片化,不单影响政治权力,也影响宗教权力。

    中东的法治

    除了印度和欧洲,出现法治的另一个世界文明是伊斯兰教的中东。今天,不管是境内还是境外的很多人都知道,那里的很多政权是残酷的独裁专制政府,尤其是在阿拉伯世界内,不受任何更高法律或正义的约束。西方人通常认为,教会和国家的交融合一是伊斯兰教的本质,对基督教欧洲来说,才是天方夜谭。伊朗 1979 年革命后所建立的神权政府,只是返回传统的穆斯林统治。但这一切都不准确。

    现代穆斯林独裁专制政府的出现是偶然事件的结果。这个偶然就是该地区与西方的碰撞对峙,以及之后向现代性的过渡。在基督教的欧洲,政治和宗教的权力经常联合起来。在穆斯林世界,它们在历史上很长一段时期倒是有效隔离的。法律在穆斯林世界中扮演的角色,与在基督教领土上的完全相同:制衡政治统治者的随心所欲——虽然较弱。法治是穆斯林文明的基础,实际上它在很多方面定义着这一文明。

    让我们总结一下法律在穆斯林和基督教世界的社会作用的相同之处。在这两个传统中,法律都植根于宗教,只有一位上帝,行使普世的司法权,是所有真理和正义的源泉。这两个传统,再加上犹太教,都深深倚靠宗教的经典,其基本社会规则很早就被编纂成书。在伊斯兰教中,这些规则不仅是神圣的《古兰经》,还有圣行(sunna)和圣训(hadith),后者是穆罕默德生前的故事和训话,可作人们行为的指针。但这些规则的解释,在许多情况中又是模棱不定的,必须拜托专门的教士阶层——基督教中的牧师和伊斯兰教中的乌里玛(宗教学者)。在穆斯林和基督教世界,法律并不像中国那样出自政治权力,而是来自对政治当局享有统治权的上帝。穆罕默德生前可能已是部落的统治者,但在阿拉伯伙伴的眼中,他的权威并不在他所指挥的军队,而在他是上帝启示的使者。

    跟穆罕默德一样,最初几位哈里发集宗教和政治的权力于一身,这在倭马亚朝代始终如此。该朝代结束时,政治和哈里发的权力才开始分隔。其时,倭马亚王子逃离阿拔斯王朝,在西班牙建立了分立的西方哈里发政权。阿拉伯帝国的不同省份,随着岁月的消逝而逐一分离出去,哈里发的权力只达首都巴格达和周边地区,甚至变成掌权军事指挥官的傀儡。法蒂玛王朝(Fatimids)先后在突尼斯和埃及分别建立分立的哈里发政权。巴格达哈里发的权威从没获得什叶派和哈瓦利吉派的承认。哈里发可以宣称享有普遍的精神权威,但其真正的司法权非常有限。

    到了 11 世纪,哈里发和在领土中行使政治权力的人分享权力。真正的掌权者——世俗君主——披上了“埃米尔中的埃米尔”的头衔。通过立法上的巧立名目,哈里发声称把世俗权力委托他人,以换取自己在狭窄宗教事务中的权威。中世纪伊斯兰教法律学者艾布·哈桑·马沃尔迪(Abu al-Hasan al-Mawardi)解说这是合法的,因为哈里发通过代理人仍在行使世俗的权力,真相恰恰相反,哈里发只是埃米尔的傀儡。伊斯兰教的世界实质上是政教合一,而不是神权。世俗统治者掌控权力,请哈里发和乌里玛来到自己领土,帮助管理伊斯兰教法。

    在逊尼派穆斯林世界中所缺乏的,恰好是哈里发和乌里玛脱离政治,发展成为分立的单独机构,享有分明的等级制度、司法权、人事权。也就是说,没能建成单独的穆斯林“教会”,可与格里高利改革之后涌现的天主教会媲美。跟叙任权斗争之前的天主教会一样,穆斯林知识阶层只是分散的网络,由教士、法官、阅读和应用穆斯林判例的学者所组成。逊尼派的传统内,有四家主要的穆斯林法律学派,相互竞争,在哲学上各持己见,其地位起伏有赖于权力的惠顾。乌里玛一直没有形成建制化的等级制度,无法建成单独法律传统和穆斯林等级制度,以罗马教皇的方式向政治权力提出挑战。

    国家与清真寺的分离

    但这并不意味宗教和世俗权力之间没有功能的分离。图森·贝(Tursun Bey)写道,15 世纪的奥斯曼帝国,苏丹可在伊斯兰教法之外自行制定世俗法律。这套世俗法律叫作卡奴纳莫(kanunname,该词源自欧洲使用的 canon law [教会法]),用于传统伊斯兰教法鞭长莫及的领域,如公共和行政的法律。所征服领土的征税和产权、发行货币、贸易管理,全靠这套世俗法律。传统的伊斯兰教法主要涉及婚姻、家庭、遗产和其他私人事务,由教法专家卡迪和穆智泰希德(kadis and mujtahids)执行。他们熟谙穆斯林经典,能将这一庞杂的法典应用到特定案例,很像印度的班智达。这就需要平行的两套司法建制,一个是世俗的,另一个是宗教的。卡迪应用伊斯兰教法,但其裁决必须依赖世俗当局的执法。

    在理论上,奥斯曼帝国日益增长的世俗法律从属于伊斯兰教法,需要接受宗教权威的审阅。哈里发在理论上高于苏丹,但在实际上却依赖苏丹。同样道理,因为日益增长的商业社会需要越来越多的规则,实际上的宗教法律反而遭受排挤。等到奥斯曼法庭设立大穆夫提(grand mufti,教法说明官)一职时,宗教权威的独立受到更大限制。以前,政府从学者圈中选任教法执行官卡迪,让他们自主处置法律内容。新的大穆夫提和他的属下,现在有权就伊斯兰教法的内容,发布不受限制的意见或论断(fatwas)。土耳其愈益增加对宗教的政治控制,所走的方向与欧洲恰恰相反。如果说罗马教会展示出国家特征,土耳其国家则展示出教会特征。

    前现代的中东究竟在什么程度上遵守法治?如第 17 章所提到的,今天普遍认可的法治至少有两层分开的意义:第一,遵守产权和合同的法律,允许商业和投资的发生;第二,统治者和统治阶级自愿接受法律所规定的限制。第二层意思直接影响第一层,如果社会精英不遵守法治,使用权力随意攫取弱势群体的财产,便成为巨大的诱惑。如前所述,统治者仍有可能在实践中遵守日常法治,但在理论上却有任意侵犯产权的权力。

    对我们深入研究的两个中东政权来说,即埃及的马穆鲁克和土耳其的奥斯曼,第一意义中的法治作为预设条件而存在。也就是说,它们有关于财产和遗产的完善规则,允许长期的投资和可预知的商业交易。第二意义中的法治也同样存在,马穆鲁克和奥斯曼苏丹都承认,他们的权力受上帝创建的既存法律的限制。但在实践中,他们在解释法律以袒护自己私利时,仍享有相当大的余地,尤其在财政严峻时期。对税收的迫切需求,促使他们违反长期的法律规范。

    但这两个案例都没有完全的现代产权,现代产权的付之阙如是否限制了穆斯林世界的经济发展,这不很清楚。奥斯曼帝国拥有大量土地,分配给提供军事服务的骑士。替骑士耕种土地的农民,可把自己的使用权传给孩子。手艺人和商人等其他百姓享有私人产权,如果幸运和技术精湛,可积累大笔财富。所有传统的中东统治者,非常清楚苛捐杂税的危险,尽可能以“正义”名义予以回避。此外,他们像其他君主一样,把自己视作保护人,使平民免受贵族精英本能上的掠夺。甚至苏丹也不可越过法律。如果苏丹的骑士遵命来执行处罚,他们仍需要把被控者带到卡迪那里,以取得法律的裁决。如个人去世而未留遗嘱,财产在国家能够拿走之前必须由理论上的遗嘱执行者保管。非穆斯林的外国人过世后,其财产同样由法学家记录下来,直到继承人出现。

    法律如何限制传统穆斯林政府的权力,可在慈善性质的瓦克夫的作用中找到明显证据。如我们所知,掌权的奴隶军精英最初不可拥有后裔,也不可积累财产。马穆鲁克和土耳其禁卫军,首先避开规则以组织家庭,然后再设立慈善基金,安置自己孩子或亲信来运转这些基金,其收入将保证后代的生计。阿拉伯和土耳其的统治者,让这些瓦克夫完整无缺地持续数代,但有对改动遗产的严格限制,从而束缚了它们的经济效率。

    如果瓦克夫限定了国家攫取私人财产的能力,它的频繁使用意味着,其他不受宗教保护的财产往往面临随意的征税。尽管不是每个国家都堪称匪寇,但如有紧急情形,所有国家都可能成为掠夺者。15 世纪的切尔克斯系马穆鲁克政权,随着岁月的流逝,而陷入愈益可怕的财政困局,导致苏丹寻求火烧眉毛的计策以增加收入。他们任意提高税率,截获各种财富,导致富人寻找越来越具创意的方法来隐藏财产,不愿做任何投资。同样,奥斯曼在 16 世纪后半叶面临财政危机,导致税率增长,并威胁到传统产权。禁卫军职业的制度化老规矩,不得成家的禁令,都被一一放松。国家的封地不再留作军事服务的报酬,而被腐败当权人售给出价最高的投标者。像基督教统治者时时觊觎修道院的财富和其他教会财产,马穆鲁克甚至也突袭瓦克夫来筹措资金。

    教皇的师团

    据说,斯大林曾鄙视地问:“教皇手下有多少师团?”如我所说,既然法治植根于宗教,我们可向法官和律师提出一个类似的问题:他们在法治国家中部署了多少师团?他们凭什么来迫使统治者服从他们所解释的法律?

    答案当然是零,行政部门和司法部门之间的分权只是隐喻性的。行政官拥有强制权力,可召集军队和警察来执行他(她)的意志。司法部门的权力,或身为法律监护人的宗教权威,体现在可向统治者提供合法性,以及作为社会共识保护人而获得广泛支持。格里高利七世可迫使亨利四世来卡诺莎,但实际上无法罢免这个皇帝。对此,他必须依赖军事同盟,比如嫉妒亨利四世的日耳曼君主和意大利南部的诺曼国王。教皇能否吸引世俗的同盟,则要依赖其事业的合法性,以及他们为自己短期利益所打的小算盘。叙任权斗争的结果是个复杂的混合体,既有物质因素,也有道德因素。最终,拥有军队和经济资源的世俗统治者,被迫与具有部分经济资源但全无强制权力的精神领袖达成妥协。教皇的权威确实存在,并不依赖他的师团。

    穆斯林乌里玛的权威在于可向苏丹授予合法性,就像教皇的权威。遇上继承权的斗争,这种权威就变得非常重要。在穆斯林世界,伊斯兰教和突厥部落习俗,都反对建立王朝继承的明确规则,比如长子继承权。苏丹可指定继承人,但实际的继承过程经常变成一场苏丹儿子的自由参赛,或在马穆鲁克的情况中,变成一场主要派系领袖的自由参赛。在这种情境下,乌里玛给予或保留其支持的权力就是举足轻重的。如果权力斗争中的干预变得太公开,像切尔克斯系马穆鲁克时期的哈里发事件,他们可能会搬起石头砸自己的脚。

    然而,我们不应夸大法治在前现代穆斯林社会中的作用。在保护产权和商业上,法律的运作尚属“足够好”,但提供不了像宪法保障的东西,以对抗存心违法乱纪的统治者。大穆夫提和卡迪都是国家选择和雇用的,明显减弱了他们的自治性,全然不同于 12 世纪之后天主教会聘请的独立法官。奥斯曼国家从头到尾都是政教合一,随着时间的推移,对穆斯林学者的控制程度日益增加。

    印度和伊斯兰教的法治无法幸免于西方的叩门

    在变成殖民地或接受西方重大影响之前,印度和中东的法治互相之间有很多类似之处。它们都有传统的书面法律,仰承宗教权威的保护,还有数世纪宗教法官(印度的班智达和穆斯林的卡迪)所积累的判例,作为先例而被继承下来。它们的宗教法律都是正义的最终来源。至少在理论上,政治统治者获得授权或代理权来执政。

    印度和中东在这一方面,与基督教欧洲的距离,远远近于这三个地区与中国的距离。它们不同于欧洲的地方,在于其宗教机构都没有脱离政治秩序。婆罗门教中从来没有教皇,穆斯林的哈里发在倭马亚王朝之后,基本上成为伊斯兰地域中执政统治者的俘虏。这两种宗教机构不能独立于政府,也就无法发展成为自主控制用人和晋升的现代等级制官僚机构。没有自治,宗教法律的机构难以对国家发挥强大制衡。宗教机构与国家相互渗透,国家本身也不能发展成单独的世俗机构。

    不管是印度还是穆斯林世界,传统的法治都没能在现代化之后继续幸存,对后者来说尤属悲剧。在 1772 年的印度,以瓦伦·哈斯丁斯(Warren Hastings)为首的东印度公司管辖区,决定将印度的法论用于印度教徒,将伊斯兰教法用于穆斯林,将英国版本的“正义、公平、良心”的法律用于其他案例。在应用“印度教法”时,英国人误解了法律在印度社会中的作用。他们相信,法论(Dharmasastra)相当于欧洲的教会法,也就是,与世俗法律相对的、纂成法典并统一适用于所有印度教徒的宗教法。如我们所知,欧洲的教会法规发展至今,经历了漫长演变,但印度法律从没有过类似的进化。它与其说是基于文本的法律,倒不如说是一套鲜活衍变的规则,接受班智达的审视,依据语境而用于印度不同区域。此外,英国统治者还因阅读梵语的能力有限而跌跌撞撞。英国人起初把班智达当作法论专家使用,随着更多梵语文本译成英语,遂改持不信任和回避的态度。班智达的使用到 1864 年完全废除,取而代之的是英国法官,全靠自己来设法解读传统的印度教法。(用于印度穆斯林的伊斯兰教法也遇上同样的中断。)此时,作为活的传统的印度教法全然崩溃,到了印度共和国方才复兴,但传统的连续性已被腰斩。

    穆斯林的法治传统发生更为彻底的中断。奥斯曼政府像英国人对待印度法律那样改革伊斯兰教法。它从 1869 年到 1876 年编纂了马雅拉法典(Mecelle,又译麦吉拉)。其目标是整顿伊斯兰教法,将之汇集成统一连贯的法典,以期达到 1140 年格拉提安整理基督教法规的效果(编按:参见本书第 18 章)。在这个过程中,他们削弱了乌里玛的传统社会作用。因为与灵活不定的体系相比,在严密编纂的体系中,法官作用完全不同,其重要性下跌。1877 年的奥斯曼宪法将伊斯兰教法降为各种法律之一,剥夺了它赋予政权合法性的作用。接受西方法律训练的法官,逐渐取代传统学者阶层。凯末尔(Kemal Ataturk)和土耳其共和国兴起于第一次世界大战之后,废除伊斯兰王朝,以世俗民族主义取代土耳其国家的伊斯兰基础。阿拉伯人从不接受马雅拉法典的完全合法性,随着奥斯曼和青年土耳其党人等运动的展开,认同感的分裂日益增强。独立之后,他们发现自己陷于尴尬境地,一边是已简化的传统伊斯兰教法,另一边是殖民者带来的西方法律。

    从殖民地走到独立之后,印度和阿拉伯的途径分道扬镳。印度共和国建立了宪法秩序,行政权力接受法律和立法选举的限制。独立后的印度法律一直都其貌不扬——像是现代和传统法律的拼凑物,以讲究程序和慢条斯理而声名狼藉。但它至少是一套法律,除了 20 世纪 70 年代英迪拉·甘地(Indira Gandhi)宣布的短暂紧急状态,印度领袖愿意在它的约束下运作。

    阿拉伯世界走上截然不同的道路。英国、法国、意大利的殖民当局,其安插在埃及、利比亚、叙利亚、伊拉克的传统君主,很快被世俗的民族主义军官所取代。后者继而组织强大的中央政府,不受立法机关和法庭的限制。在这些政权当中,乌里玛的传统作用均遭废除,换成来自行政机构的“现代化”法律。唯一例外是沙特阿拉伯,它从没沦为殖民地,维持新原教旨主义(neofundamentalist)的政权,其行政权力受到瓦哈比派(Wahhabi)宗教机构的制衡。很多行政权力高于一切的阿拉伯政权,蜕化成压制性的独裁,无法为国民提供经济增长或人身自由。

    法律学者挪亚·费尔德曼(Noah Feldman)认为,21 世纪早期的阿拉伯世界,伊斯兰教重新兴起,人们纷纷要求返回伊斯兰教法,既不满意当代威权政府的无法无天,又在怀念行政权力曾经尊崇法律的旧时代。他声称,回到伊斯兰教法的呼吁,与其说是反拨时钟,倒退回中世纪的伊斯兰教,倒不如说是在祈求政治权力遵守规则的平衡社会。反复诉求“正义”,甚至融入很多伊斯兰政党的名字。这不是在追求社会平等,而是在追求法律面前的人人平等。现代的强大国家,如果没有法治或负责制的制衡,能够成功实施完完全全的暴政。

    现代伊斯兰主义者能否建成接受法治制衡的民主政权?这是个很微妙的问题。1979 年革命后,伊朗伊斯兰教共和国的经验差强人意。自从 19 世纪以来,什叶派的伊朗一直拥有组织良好的神职等级制度,胜过逊尼派世界中任何其他组织。它在霍梅尼(Khomeini)阿亚图拉的领导下,夺取伊朗政权,建起真正的神权国家,政府部门都受神职人员的控制。该国发展成为神职的独裁政府,监禁和杀害政治对手,为达目的甘愿徇私枉法。

    在理论上,伊朗共和国 1979 年宪法可以是温和、民主、守法国家的基础。它允许立法机关和总统的选举,但要接受限制。限制来自一名非民选的最高领袖,以及代表上帝的高级神职人员所组成的监督委员会(Guardian Council)。此类安排不一定是“中世纪”或前现代的。马克斯·韦伯认为是现代理性国家典型的德意志帝国(Wilhelmine Germany),其宪法规定要有民选的立法机关,但受非民选的恺撒的制衡。如果伊朗的最高领袖或监督委员会,把自己当作高级的传统乌里玛,享有类似最高法院的权威,不时宣布民选伊斯兰会议(Majlis)的立法不符伊斯兰教法,那么将之称作新式的伊斯兰教的法治,这还有一点道理。然而,1979 年宪法赋予最高领袖的,不仅是司法权,更是实质性的行政权。他控制伊斯兰教革命卫队军团和民兵(Basij),主动干涉让选举候选人丧失资格,操纵选举以制造有利结局。像俾斯麦(Bismarck)宪法,或模拟它的日本明治宪法,伊朗宪法特地保留部分行政权力,不是给皇帝,而是给神职等级制度。与在日本和德国发生的情形一样,这种行政权力使人堕落,军队因此而加强对知识阶层的控制,恰恰与宪法所规定的相反。

    国家建设旨在集权,法治却在一旁掣肘。因此,法治发展将遭遇政治竞争,并受制于特殊参与者的政治利益,如早期英王、雄心勃勃的教皇、要求回到伊斯兰教法的伊斯兰反对派。欧洲法治的基础始建于 12 世纪,其最终巩固还得有赖数世纪的政治斗争。后来,法治的故事开始与负责制政府兴起的故事水乳交融,因为负责制政府的倡导者不但要求民主选举,还要求行政部门遵守法律。我将在第 27 章再次讨论这个故事。

    西欧的法治为何较强

    过渡到现代化之前,法治便存在于中世纪的欧洲、中东、印度。这些社会的统治者承认,必须在并非由自己创造的法律下过活。然而,限制他们行为的实际程度,不仅取决于理论上的认可,还要依赖立法和执法的建制化状况。要想让法律对统治者构成更为有效的约束,需要某些特定的条件:它被编纂成权威的文本;法律的内容不由政治当局而由法律专家来确定;最后,法律被有别于政治等级的建制性秩序所保护,拥有自己的资源和任免权。

    与中东或印度相比,西欧的法治获得更大程度的建制化。这与其说是宗教思想的缘故,倒不如说是欧洲发展中历史性的偶然情势所致,因为东正教就从未有过类似的发展。一个重要因素是欧洲权力的极端分裂,给了教会极大的机遇。这导致了颇不寻常的情形:法治得以在欧洲社会中生根发芽,不但早于民主和负责制政府的出现,而且早于现代国家的构建。这在建制化法律的方方面面都是昭然若揭的。

    编纂

    印度的“吠陀本集”口传心授,到后期方才写成文字。明显不同的是一神的犹太教、基督教、伊斯兰教,很早就开始以权威的经典为基础。他们都被称作“圣书上的民族”。但只有在西欧,混乱的文本、法令、解释和评论被梳理成逻辑统一的整体。在穆斯林、印度和东正教的传统中,找不到《查士丁尼法典》和格拉提安的《教会法规》的等同物。

    法律专业化

    在这一方面,基督教与其他传统基本上大同小异,大家都培养了解释和执行法律的专家。只是法律教育在先进大学系统中获得的开发和正规化,西欧要胜过其他地方。

    机构自治

    按照亨廷顿的分类,自治是机构发展的典型特征。在这一方面,跟其他地方相比,西方法律获得更多进展。世界其他地方都没有类似格里高利改革和叙任权斗争的经历。其时,整个基督教会机构都投入与世俗统治者的持久政治冲突,造成势均力敌的僵局。最后的沃尔姆斯宗教协定,确保教会作为一个机构的自治地位,并大大鼓励它发展自己的官僚机构和正式规则。

    所以在前现代,与中东、印度和东正教相比,西欧的法治对世俗统治者的权力实施了更为强大的制衡。就后来自由制度的发展而言,这个意义重大。

    欧洲的法治得以存活下来,尽管它的合法性基础在向现代化的过渡中发生了变化。这是内部有机发展的结果,宗教改革破坏了教会权威,启蒙运动的世俗思想又腐蚀了当时的宗教信念。基于国王、民族或人民的新主权思想,开始取代上帝的主权,而变成法律合法性的基础。许多评论家指出,西方法治比现代民主足足早了数个世纪,所以 18 世纪的普鲁士可以成为一个法治国家(Rechtsstaat),在人民主权原则获得承认之前,已在制衡行政权力。到 19 世纪的晚期,民主思想获得合法性,法律越来越被视为民主社会的正面措施。此时,法治所造成的习惯已在西方社会深入人心。文明生活与法律共存的观念、强大自治的法律机构的存在、资本主义繁荣经济的需求,合在一起加强了法治,尽管其合法性的基础已有变更。

    我反复强调,一个没有法治的伟大世界文明是中国。中国皇帝当然有能力实施暴政,如秦始皇以法家的严刑峻法为基础创建大一统国家。然而,中国历代皇朝并不以严酷统治著称。在有关产权、征税及为重塑传统社会风俗而行干预的程度上,中国国家遵守明确的限制。如果这些限制不是来自法律,那源头到底是什么?作为成熟的农业社会,中国如何治理?这是下面两章的主题。

    第 20 章 东方专制主义

    唐朝之后,现代国家重获巩固;女皇帝武则天的篡位和从中透露出的中国政治制度;天命和政治合法性在王朝中国的确立

    在王朝中国,没有皇帝承认法律权威的至高无上,法律只是皇帝自己颁布的制定法。换言之,没有对皇帝权力的司法制衡,遂给暴政留下充分余地。

    对中国政治制度而言,这至少提出四个基本问题。第一,缺乏法治给政治带来的影响。西方有悠久的传统,把中国列作“东方专制主义”。这种想法是出于无知、傲慢和欧洲中心主义吗?或者,中国皇帝的确比西欧的君主掌握更大权力?

    第二,中国制度中的合法性来自何方?中国历史充满无数起义、篡位、内战和改朝换代的尝试。然而,中国人始终返回平衡,让他们的君主掌控巨大权力,这样做的原因何在?

    第三,尽管存在着周期性的皇权专制,中国统治者为何没有尽量行使理论上所享有的权力?虽然没有法律,他们的权力仍有实实在在的制衡;中国历史上有很长时期,皇帝主持稳定和守序的政体,没有肆意侵犯百姓的日常权益。还有很多时期,皇帝确实很弱,无法在刁蛮社会中强制执行规则。在传统中国,究竟什么在设置国家权力的真正极限?

    最后,就仁政的性质而言,中国历史为我们提供何种教训?中国人发明了现代国家,但阻止不了国家的重新家族化。中国王朝历史的后续世纪就是一段持久的斗争史,防止这些制度的衰退,抵制权贵为自己和家庭谋求特权的权力家族化。什么力量促进政治衰败,以及它的逆转?

    我将尝试在本章解答头两个问题,以下一章解答后两个。但首先得概述一下从唐朝到明朝的中国历史。

    唐宋过渡之后的中国现代化

    我最后一次讨论中国是在第 9 章。从 3 世纪到 6 世纪,中国经历了三百年的政治衰败。我们追踪它的发展,直到隋唐的重新统一。我提到,秦汉时期就已到位的现代国家制度,遭受严重的崩溃,政府重又家族化。汉朝之后的继承国,多半由贵族家庭掌控,他们将亲戚安插在主要职位,竞相攫取更多权力。重新统一中国的隋唐两朝的创始人,杨坚和李渊,都出自这个阶层。前者来自北周重要的贵族家庭,后者来自中国西北部的李氏望族,曾被封为唐国公。像大部分继承国,隋朝和唐朝早期都操纵在贵族手中,他们官居要职,统帅军队,掌控地方政权。这个精英由北方军事贵族组成,其成员与鲜卑等野蛮血统进行广泛的通婚。605 年重新建立的科举制度,只是敷衍了事,在招纳非精英进入仕途上乏善可陈。

    唐朝持续近三百年,但在后期非常不稳定(请看表 2 的朝代排列)。从 7 世纪中期“邪恶”皇后武则天崛起开始,贵族精英杀死很多自己的同伴。到 8 世纪中期,帝国东北边境上的粟特—突厥(Soghdian-Turkish)将军安禄山发动叛乱,唐朝皇帝和太子不得不在深更半夜朝不同方向逃出首都长安。叛乱在八年后终告平息,但帝国中心区域的内战导致了人口的大量损失和经济衰退。帝国再也没有获得全盘恢复,权力流失到愈益自治的边境节度使。中国政治制度始终保持文官政府对军队的控制,但从此时开始像罗马帝国,强悍的将军将辖下的藩镇当作权力基础,追求自己的政治前程。唐朝最终在 10 世纪第一个十年中崩溃于叛乱和内战,北方出现军人掌权的五个短命朝代,南方则看到十个王国你方唱罢我登场。

    表 2.后期中国朝代

    年份朝代创始人/庙号
    618李渊/高祖
    907后梁李温
    923后唐李克用
    926后晋石敬瑭
    947后汉刘知远
    951后周郭威
    960北宋赵匡胤/太祖
    1127南宋赵构/高宗
    1272忽必烈
    1368朱元璋/太祖
    1644

    尽管有将近五十年的中断,中央国家的合法性在唐朝末年仍然获得广泛的认同,以致将领之一的赵匡胤在 960 年重新统一中国,以太祖皇帝的名号开创宋朝。在很多方面,宋朝在文化思想上是最多产丰饶的朝代。佛教和道教在隋唐两朝广受中国百姓和精英的欢迎,而儒家在北宋期间得到巨大的复兴,夺回不少信徒。宋明理学是一次强大的思想运动,波及邻国的朝鲜和日本,大大影响了整个东亚的思想文化生活。

    同时,中国开始承受一系列来自北方部落的入侵,他们得以占领大片领土,最终竟是整个国家。边患始于契丹,它是蒙古边界的一个突厥—蒙古民族,在中国北方建立了庞大的辽国,夺得汉族聚居的燕云十六州。党项人在辽国西边创建了西夏,包括前几朝已受中国控制的边界地区。下一个出现的是来自东北的女真部落(满族的老祖宗),它击溃辽国,并把契丹赶到中亚。(他们向西逃得很远,竟然碰上俄罗斯人。自此,后者把所有中国人都叫作契丹斯基 Kitaiskiy。)1127 年,女真人洗劫宋朝首都开封,囚禁刚退位的皇帝和其儿子,迫使宋朝播迁南方,开创南宋朝代。女真人的金国在最旺盛时控制大约中国的三分之一,直到 1234 年败于另一入侵的游牧民族蒙古人。占领中国北部之后,忽必烈可汗率领的蒙古军向西南发起进攻,一举占领整个中国。1279 年,蒙古军追逐南宋朝廷到广东沿海小岛的崖山。在蒙古军的团团包围下,数千朝臣自悬崖跳入海中自尽,忽必烈可汗成为新创元朝的第一任皇帝。元朝统治者最终在 1368 年的民族起义中遭到驱逐,为本土的明朝所取代。

    春秋战国时期的持久战争激发了愈演愈烈的建国举措,宋朝时的外敌入侵,却没对中国政治秩序发挥类似的作用。尽管有北宋兴起的理学派的辉煌成就,这仍是一段相当令人沮丧的时期,中国朝廷内部的派系斗争,阻止了政权对迫在眉睫的边患作出充分准备。军事压力来自社会发展程度远远低于中国的游牧民族,反而成为骄傲自满的理由。在当时的人类历史节点上,国家层次的社会与组成灵活骑兵的部落民族对峙,并不一定因先进的政治发展而取得决定性的军事优势。如阿拉伯哲学家伊本·赫勒敦所指出的,中国、中东和欧洲,因为邻接中亚辽阔的大草原,而遭遇周而复始的衰落—野蛮人征服—文明复苏。契丹、党项、女真和蒙古一旦征服中国领土后,最终都采用中国制度,走后也没留下重要的政治遗产。只有欧洲先进“野蛮人”前来征服,方才刺激中国政治制度酝酿更为根本的改革。

    从隋朝开国的 581 年到 12 世纪的宋朝晚期,中国最普遍的政治发展之一是家族政府的逆转,中央集权得以复原到西汉的古典官僚制。到结束时,中国政府已不再受贵族家庭小圈子的控制,治理国家的是从社会广泛阶层招纳来的士绅精英。官僚作为儒家价值的监护人,其道德节操获得修复,并为 14 世纪明朝的可观政府打下基础。中国人口在这段时期急剧增加,到 1000 年已有五千九百万,到 1300 年更高达一亿。中国开发南方的大片边境地区后,其领土也扩充到几近今日的版图。在这巨大的疆域上,随着运河和道路的建造,商业和通信获得实质性的增长。尽管疆域辽阔,中国还是发明了中央集权的政治制度,在错综复杂的社会中设定规则,征收税赋。统治如此广阔领土的欧洲国家,还要再等五百年。

    中国建立(或重建)较为现代的政治制度,不是在 17 世纪和 18 世纪与西方接触之后,而是在唐宋之间的过渡期,这一见解首先来自第一次世界大战之后的日本新闻记者兼学者的内藤虎次郎(Naito Torajiro),即内藤湖南。内藤认为,贵族统治在公元 750 年之后的动乱时期遭到席卷。其时,唐朝经历一系列叛乱和战争,非贵族背景的军事强人乘机掌权。宋朝在 960 年当政,皇帝不再受贵族家庭的威胁,形成更为纯粹的中央专制主义。科举制度成为选拔官员更为公开的途径,平民对贵族地主的农奴般的义务终告结束,其地位得到改善。共同的生活模式在全国建成,较少依赖世袭特权,白话文和平易近人的通俗文学和历史话本,逐一取代唐朝高度正规的文体。内藤从中找到与早期现代欧洲的显著平行,其时的欧洲,在强大专制国家的庇护之下,终止封建特权,引进公民平等。虽然内藤的假设引起很大争议(尤其是他将西方分期法套用在东亚历史上的努力),但他的主要结论中,已有很多获得了晚近学者的认可。

    我们现可以返回本章开头的中国政治秩序的四个问题,首先是专制问题,中国的专制是否比其他文明中的更为严峻?

    “毒侔蛇虺”的女皇武则天

    被后世中国史家称为“毒侔蛇虺”的武曌(624—705),其故事值得在此重提,其意义不只是它可以告诉我们中国政治的性质。女皇武则天是以自己名义统治中国、并建立自己朝代的唯一女子。她的起伏是一部有关阴谋、残忍、恐怖、性、神秘、女人掌权的编年史。她是极具天赋的政治家,单凭自己的意志和狡猾而获得权力。儒家意识形态以歧视女子著称,在这样背景之下,她的成就显得格外刺目。

    我以前讨论法治时曾提到,它最初往往只适用于精英,而不是广大的民众,普通大众被认为不算完整意义上的人,不值得法律的保护。另一方面,在法治不存在的地方,精英成员通常比普通人面临更多危险,因为在上层赌注更大、权力斗争更激烈。这就是武则天治下的情形,她向中国的古老贵族家庭撒出恐怖的天罗地网。

    有些历史学家,尤其是马克思主义的,在武则天的兴起中看到重大的社会启示。有的认为,她代表了上升的资产阶级;有的说,她是人民大众的斗士;还有的认为,她发挥了重要作用,把隋和唐初的家族精英赶走,代之以非贵族官员。尚不清楚,这些理论中哪一条最终证明是正确的。她自己拥有无懈可击的贵族血统,与隋朝皇族杨家有渊源。她并没有提携能干的平民,事实上她取消科举考试数年,为的是在官僚机构安插自己的宠臣。她对唐宋过渡的贡献,表现在她清洗实际上和受怀疑的贵族对手,大大削弱他们的人数,使整个贵族阶层变得孱弱,从而为安禄山的叛乱铺平道路。安史之乱标志唐朝走向末路的开始,促动了中国社会的巨大转型。

    像中国宫廷的很多其他女人,武曌发迹于当上唐朝第二个皇帝太宗的低级嫔妃。她父亲是唐朝第一个皇帝高祖的拥护者,后来升任高职。如上所述,她母亲是隋朝皇室的后裔。据谣传,她与太宗的儿子高宗甚至在太宗去世之前就已有染。太宗死后,她削发为尼,搬到佛教寺庵。但新皇帝高宗的王皇后,想转移丈夫对淑妃的宠爱,故意将她带进宫,以观鹬蚌之争。

    这证明是个致命的大错。高宗皇帝为武曌神魂颠倒,在他漫长的当政时期,证明自己是软弱的,很易受武曌的迷惑。武曌与皇帝生得一女,在无儿女的王皇后来访之后,设法让女儿窒息而死。王皇后被控杀死武曌的女儿,与淑妃一起被废成庶人,家人都被放逐到遥远的南方。随之,武曌获得晋升,到 655 年当上皇后,遂下令将王皇后和淑妃截去手足,投入酒瓮。曾支持王皇后、反对武曌为皇后的宫廷官员,包括曾忠实服务于前代皇帝的,或被放逐,或被处死。

    很多中国女子躲在当上君王的儿子或丈夫的幕后,却行使实质上的大权,但武皇后决心变成真正的共同皇帝(编按:与高宗一同上朝,临朝听政,合称“二圣”),在公共场合中愈益显示自己的自主权。皇帝为了摆脱她的操纵,曾指责她玩弄巫蛊和妖术。但她当面力争,反而迫使皇帝杀死控告者,并从宫廷中清洗他们的拥护者。她恢复古代仪式,为自己和丈夫加封,震撼宫廷;为了逃避所谋杀的很多对手的鬼魂,她从长安迁都到洛阳。武皇后安排毒死自己身为太子的长子,诬蔑二子阴谋篡夺父位,将他放逐,迫他自杀。她丈夫最终于 683 年去世,她又把继承者(她的三子)中宗从皇位上拖下,处以幽禁。

    不出意外,武皇后的兴起导致了 684 年的公开叛乱,叛乱来自身受其害的唐朝贵族家庭。武皇后迅速予以镇压,然后设置间谍和告密者的网络,厚赏检举者,从而对整个贵族阶层实施恐怖统治。她任用酷吏广泛从事现在所谓的“法外扑杀”(extrajudicial killings)。等恐怖发作完毕,她又把矛头指向酷吏头目,把他们也给杀了,这一切为她建立新朝铺平道路。690 年,她改国号为周,不再以她男性亲戚的名义,而以自己的名义单独执政。

    武则天提倡爱民政策,减轻赋役,削减靡费的公共开支,扶助老弱病贫。她也推动为女子著书立传,延长对母丧的哀悼,封自己母亲为荣国夫人。她确实发动了一场社会革命,杀死大量在朝做官的唐代贵族和儒家学者。但她提拔的,不是有才能的平民干部,而是自己的宠臣和阿谀奉承之人,为此而特别放松相关考试和教育的标准。她统治的末期充斥着神秘主义、众多男宠(往往与她的宗教激情有关)、公开的贪污受贿,对于这些她并未试图加以遏制。几近八十岁的她,最终在政变阴谋中被迫让位;儿子中宗登基,改回唐朝国号。

    武则天的行为在中国统治者中不算典型,后世的儒家卫道士申斥她是尤其恶劣的统治者。但作为暴君,对政权内的精英进行大肆的恐怖统治,她在中国不是第一个,也不是最后一个。多数的欧洲君主,其行事处世较守规则,但对治下的农民和其他平民,往往更加残酷。

    武则天的兴起反而给中国女子掌权带来挫折,因为后来的文人学士将她当作女人干政只会坏事的例证。明朝皇帝在宫门上悬挂一块铁牌,告诫自己和继承者,时刻小心后宫女子的阴谋。后者不得不回到幕后,重新操起遥控儿子或丈夫的故技。

    天命

    武则天试图攫取皇位,创建自己的新朝代,这引出中国君主一开始如何取得合法性的问题。托马斯·霍布斯在《利维坦》中认为,主权国家的合法性来自不成文的社会契约;在这份契约中,每个人放弃随心所欲的自由,以保障自己的生命权,否则就会面对“人人相互为敌的战争”。如果我们以“群体”替代“人”,很明显,很多前现代社会的运作就凭借这种社会契约,包括中国。人类愿意放弃大量自由,将相应程度的酌情权力授予皇帝,让他施政,以保障社会和平。他们宁愿这样,而不愿看到历史上一再出现的交战状态。其时,寡头强人一边彼此厮杀,一边尽情剥削自己的臣民。这就是天命的涵义,中国社会将合法性赋予具体的个人和其后裔,让他们享有统治百姓的独裁权力。

    中国制度使人困惑的,首先不是天命存在与否,所有君主社会中都有类似的东西。它其实是程序问题:觊觎皇位者如何知悉他(在武则天的案例中就是她)已获得天命?一旦得到,其他觊觎皇位者如有机会为何又不来抢走(要知道皇帝享有巨大的权力和财富)?

    前现代社会的统治者,其合法性可来自多方面。在狩猎采集和部落的社会,它通常是某种形式的选举的结果,参与的如果不是全体成员,就是主要氏族。或者,部落的长者开会来投票决定谁当领袖。在封建欧洲,某种形式的选举程序一直存活到早期现代。名叫三级会议(Estates General)或议会(Cortes)的机构,聚集起来开会,以批准新朝代的当政。这甚至发生于俄罗斯,1613 年将权力转给罗曼诺夫王朝,为取得合法性而召开了缙绅会议(zemskiy sobor,编按:俄语зе́мскийсобо́р)。

    王朝合法性的其他主要来源是宗教。在基督教欧洲、中东和印度,有强大的宗教机构,既可将合法性赋予统治者,也可将之收回(如格里高利七世与神圣罗马皇帝的较量)。通常,这些宗教机构在政治当局的掌控之下,别无选择,只好确认。但在权力斗争时期,这些宗教权威又可通过授予合法性的能力,而发挥举足轻重的作用。

    中国不同于其他文明,因为天命涉及的既不是选举,也不是宗教赋予的合法性。中国没有类似三级会议的机构,可供社会精英开会,以批准新王朝的创始人;也没有宗教等级制度可提供合法性。中国制度中没有超凡的上帝,天命中的“天”,不是犹太教、基督教和伊斯兰教中的神。此外,后三种宗教各有自己明确的书面规则。更确切地说,天命更像“自然”或“大道”,可被打乱,但必须返回平衡。此外,基督教皇或穆斯林哈里发,将合法性赋予国王或苏丹,但中国不同,它没有宗教机构可代表“天”来授“命”。

    改朝换代永远涉及合法性,因为新朝代上台往往通过简单的篡政或暴力。天命概念第一次出现于公元前 12 世纪的商周更替,周武王很明显从合法持有人那里夺得王位。在随后四千多年的历史中,中国经历了多次的改朝换代。不但有主要朝代,像秦、汉、唐、宋、明,还有无数小朝代,像汉朝崩溃后的三国,唐朝之后的五代。此外,有时中国分裂成众多区域,各有自己的朝代。

    成为王朝创始人不需要社会先决条件。有的是前朝的贵族和高级官员,如隋唐的创始人。也有的是平民,如汉朝的刘邦和明朝的朱元璋。事实上,明朝开国皇帝一开始只是农家孤儿,幸免于饥荒和瘟疫,在佛寺里充任小沙弥,后来成为红巾军的将领。红巾军是一起宗教运动,聚集农民、强盗和投机者向地方当局的不公正提出挑战。自那以后,他在愈益澎湃的反元运动中统领越来越多的军队。元朝末年的中国沦落到一系列地方军阀手中,朱元璋就是其中之一。像很多其他的王朝创始人,在某种意义上,他证明自己是最能干最严厉的军阀,最终攀上顶峰。

    在中国,是否胜者为王,败者为寇?天命是否只是军阀权力斗争的事后核准?这在很大程度上是正确的。一点也不奇怪,这个命题已有大批中国文献,如公元 1 世纪班彪的文章,解释为何有些统治者应得天命,而其他的却不值。但很难从这些文章中,提取一整套原则或程序,既能明确解说天命的授予,又不便在事后套在成功者的头上。个别领袖的统治能否享有“朝代”的称号,往往要等很久才能得到历史学家的确认,从而使当时颇为可疑的政权赢得合法性。历史学家牟复礼(Frederic Mote)指出,默默无闻的北周创始人郭威和十年后创建强大宋朝的赵匡胤,他们都事涉篡位,上台都与背叛和欺骗有关,很难分辨。郭威的北周早早夭折,只因为儿子郭荣在三十八岁意外去世。如果郭荣活得长久,赵匡胤可能只是历史上一名试图搞叛国政变的能干将领。

    但皇帝和强悍军阀之间的道德距离还是非常遥远的。前者是合法统治者,他的权力得到大家的自愿服从,后者只是暴力的篡位者。哪些领袖有资格获得天命,哪些没有,中国精英自有一套理念,虽然不能付诸明确的程序规则。儒家的正名思想意味着,皇帝必须遵循理想前任的榜样,还必须拥有马基雅维利所谓的成功君主的美德。显而易见,未来皇帝必须是天生领袖,能激励他人追随自己的权威,敢于冒险以实现自己的目标。最常见的领导能力是指挥军事(武功),所以有很多王朝创始人都是以军事将领起家。但与其他文明相比,中国又比较不重视军事威力。儒家心目中的理想人选,是饱学的士大夫,而非粗野的军阀。觊觎皇位者,如果展示不出对儒家价值的恭敬和自身的教养素质(文治),便招揽不到宫廷内外各式派别的支持。牟复礼把明朝创始人朱元璋和他的竞争对手张士诚对照起来:

    张士诚当过走私犯和强盗,在潜在的精英顾问和政治伙伴眼中,成了他的先天不足。很难在他的痞子经历中找到将会有大造化的证据……其早期谋士在他身上开了一个文人玩笑,朱元璋对此津津乐道。那些早期谋士给他和他兄弟换上雅致的大名,选了“士诚”二字,但没告诉他,《孟子》中有一名句,也包含依次出现的这两个字。但只要移动一下句读,该名句便变成:“士诚,小人也”。这一巧妙的蔑视让朱元璋哈哈大笑,直到有一天他怀疑,身边的文人顾问也有可能在用同样的妙计诋毁自己。

    中国的社会精英没有投票批准新朝代,但在潜在统治者的权力斗争中,仍发挥重要的幕后影响。天命并不总是授给最残忍最暴虐的军阀,虽然这样的人不时在中国上台执政。 很多像武后那样的觊觎皇位者,安排参与使自己获得君王权威的仪式——选择自己的庙号和朝代开始的年号——但很快垮台。中国制度能在建制化上做得特别讲究。一旦呈现某人拥有天命的社会共识,其合法性通常不会受到挑战,除非出现异常。在这一方面,中国的政治制度远比周遭的部落社会先进。

    第 21 章 “坐寇”

    所有国家都是掠夺性的吗?能否给明朝的中国贴上如此标签;中国历史后期的独断专行;没有对行政权力的制衡,能否维持清廉政府

    经济学家曼瑟尔·奥尔森在一篇颇有影响的文章中,提出政治发展的一个简单模式。世界最初落在“流寇”(roving bandit)的手中,像 20 世纪早期中国的军阀混战,或 21 世纪初在阿富汗和索马里的军阀割据。这些强盗纯粹是掠夺性的,经常在短时间向居民榨取尽可能多的资源,以便移往他处,寻找其他受害者。到一定时刻,其中一员变得鹤立鸡群,掌控整个社会:“这些暴力企业家当然不会自称为强盗,恰恰相反,他们会给自己和后裔冠上高贵的名号,有时甚至宣称享有神授君权。”换言之,自称合法统治的国王只不过是“坐寇”(stationary bandit),其动机与他所取代的流寇,没有什么差异。坐寇知道,如果不做短期的掠夺,反而向社会提供稳定、秩序和其他公共服务,让它在长远时期变得更加富饶,更能承担税赋,自己也就得到更多的收获。对受统治者而言,与流寇相比,这是一大进步。“流寇定居下来,向百姓提供政府服务,这出自他的理性自私。这理性自私将使他从社会中榨取最大化的资源,以供自己的享用。他将使用垄断的强制权力,攫取最大化的税赋和其他勒索。”

    奥尔森继续指出,坐寇的最大化税率可与微观经济中的垄断价格媲美。如果实际税率超过这个限制,将打消生产动机,从而导致总税收的下跌。奥尔森认为,专制统治者不可避免总是制订最大化税率,而民主政权总是制订比专制政权更低的税率,因为它们必须求助于承担主要税责的“中间选民”(median voter)。

    统治者就是坐寇,从社会中榨取最大值的税赋,除非在政治上受到阻止。奥尔森解说政府如何运作的这一概念,虽然愤世嫉俗,却讨人喜欢。这符合经济学家的努力,他们试图将理性的功利最大化行为模型推进政治领域,把政治看作经济的衍生物。这非常吻合美国政治文化的反中央集权的传统,后者对政府和征税始终保持怀疑态度。这还为政治经济学和政治发展理论,提供了预言性的漂亮模式,近年来得到了其他社会学家的极大扩展。

    但奥尔森理论是不正确的。传统农业社会的统治者,经常无法使用奥尔森的最大化税率向臣民征税。要回到一个不完全货币化的社会,凭借残缺不齐的历史税收数据,估算出当年的最大化税率,当然非常困难。但我们知道,前现代统治者经常增税,以满足像战争等的特定需求,待到紧急状态结束时再予以减税。仅在特定时期,统治者才会把社会逼上适得其反的绝境,这通常发生于朝代末期,以救燃眉之急。正常年代,他们向社会的征税一定远远低于最大值。

    奥尔森模式的欠缺,最佳例证就是明朝中国。广泛的共识认为,当时的税率远远低于理论上的最大值,甚至低于最基本服务所必需的水平,譬如保障社会生存的国防。在明朝中国发生的,同样也会在其他农业社会发生,如奥斯曼帝国和欧洲的君主政体。这还可成为其他理论的组件,以解释传统政权为何很少采用最大化税率。

    皇帝并没行使理论上的权力,不单表现在征税上。武则天式的专制只是偶见,并不是持续现象。很多中国统治者对治下的百姓,表露出可被称为仁慈或忍让的态度,或儒家所谓的“仁”。中国有悠久的抗税历史,儒家的传统更认为,重赋代表了国家的道德缺陷。《诗经》就有如下的诗歌:

    硕鼠硕鼠,无食我黍!三岁贯女,莫我肯顾。

    逝将去女,适彼乐土。乐土乐土,爰得我所。

    明朝皇帝在权力上受到的约束并不来自法律。如我们在武则天的例子中所看到的,中国统治者不像欧洲统治者,如要增税,无须征求高等法院或议会的同意。他们不但可以颁发行政命令,任意调整税率,甚至可以随意没收他人财产。早期现代的法国和西班牙“绝对”君主,遇上强大精英时必须小心翼翼(参看第 23 章和第 24 章)。相比之下,明朝开国皇帝太祖,一下子就没收了全国最大几个地主的地产。据说,他清算了“无数”富裕家庭,尤其是在长江三角洲,因为他相信那里有特别顽固的反抗。

    对中国权力的真正约束大体有三种。第一,缺乏诱因来设置庞大的行政机关以执行命令,尤其是征收较高的税赋。明初,中国已是大国,其人口在 1368 年超过六千万,到 17 世纪末更增至一亿三千八百万。在这样辽阔的领土上征税并不容易。在 14 世纪,货币流通很少,每个居民要缴的基本农业税都是实物,通常是谷物,也可能是丝、棉花、木材和其他货物。当时没有综合的货币制度,以记录这些税赋,或将之转换成共同的计量单位。很多税赋归当地消耗(纳入预算),其余的运到逐级而升的粮仓,最终抵达首都(先在南京,后在北京)。纳税人承担的运输费用,往往超过所运货物的价值。地方和中央的收入和预算不做分门别类。有学者将之比作老式的电话接线板,电线来自各方,再插入各方,复杂得像一团乱麻。户部人手不足,根本无法控制或理解这个制度。作为土地税基础的土地清查,实施于朝代早期,但并不齐全,之后又没有更新。人口增长、所有权变更、地理变化(洪水淹没或开辟荒地),很快使人口登记册过时。像其他民族,中国人也非常擅长于隐藏资产,并策划掩饰收入的计谋。

    皇帝征税和没收的无限权力常常是闲置的。它的使用多在朝代初期,皇帝正在巩固权力,与早先的对手一一算账。但随着时间的推移,宫廷经常需要那些精英的合作,便在早先没收财产的地区实施显著较低的税率。

    第二,缺乏行政能力所限制的只是供应方面,而不同的皇帝也有自己不同的税收需求。奥尔森假定,任何统治者都想获得税收最大化。这反映了现代经济学的普通假设:最大化是人类行为的共同特征。但这是时代倒错,将现代价值向历史投射,当时社会并不一定同享这种价值。明朝开国的太祖皇帝是一名非常节俭的独裁者,他削减中央政府,避免涉外战争,粮仓实际上常有盈余。他的继承者明成祖朱棣(1360—1424)则截然不同,启动了雄心勃勃的营造运河和宫殿的大工程。明成祖也资助宦官将领郑和(1371—1435)下西洋,其巨型舰队抵达非洲,甚至可能更远。其政府开支是太祖时的两至三倍,额外税赋和徭役都有相应提高,引发了抗税起义和普遍不满。结果,第三任皇帝和后续继承者只好降低税率,向太祖时的水平靠拢,还向受触犯的士绅阶层作出其他政治让步。明朝的大部分时期,土地税定在总产量的 5%,远远低于其他农业社会。

    中国君主一点也不逊于其他前现代社会的统治者,却往往展示出经济学家赫伯特·西蒙(Herbert Simon,中文名司马贺)所谓的“适可而止”(satisficing)行为,而不是最大化行为。也就是说,如果没有如战争所引起的急需,他们经常满足于让睡着的狗继续躺着,仅仅征收应付正常需要的税赋。下定决心的皇帝可能追求最大化税收,如明成祖,但所有专制政治领袖都会自动追求最大化的想法,显然不是真实的。

    对皇帝权力的第三种限制不在征税和财政,而是权威的转授(delegation)。所有大型机构,无论是政府还是私人公司,都必须转授权威。这样做时,位居行政等级顶端的“领袖”,便会对机构失去相当程度的控制。转授的权威可以给功能专家,如预算官员或军队后勤,也可以给省、州、市和地方当局。这种权威转授是不可或缺的,因为统治者从来没有足够的时间或知识作出国内所有的重要决定。

    权威转授的背后是权力转授。代理人以专门知识向委托人行使反制的权威。它可能是管理特殊部门的技术知识,也可能是某地区特别情形的本地知识。因此,像赫伯特·西蒙那样的组织专家认为,大型官僚机构中的权威不是一味从高到低,有时竟往往是反方向的。

    像现代的总统和首相,中国皇帝也遇上这类难题,官僚机构要么反应迟钝,要么蓄意违抗。尚书们或者反对皇帝的提议,或者悄悄地阳奉阴违。当然,中国统治者享有现代主管所没有的手段:他可以廷杖各级官员的赤裸屁股,或随便判以监禁和处决。但这种强制方案,并没解决委托人和代理人之间潜在的信息问题。官僚经常不执行领袖的意愿,因为他们比较了解帝国的实际情形——并可欺上瞒下。

    像中国那样的大国,其治理必须转授权力,必须依赖地方政府。不过,地方政府会滥用职权,腐化堕落,甚至共谋以反中央。正规的行政机构不足以对付此类问题。命令自上而下层层传达,但信息不一定回馈上去。如果他根本不知道滥权的发生,最独裁的皇帝也不会去惩治恣意妄为的官员。

    君主权力的局限,曾在“封建制”和“郡县制”孰是孰非的标题下,在前现代中国受到讨论。这里的封建与欧洲封建主义的复杂内涵毫不相干,只表示权力的分散,而郡县制的地方官员都是中央指派的。根据明朝学者顾炎武(1613—1682):

    封建之失,其专在下;郡县之失,其专在上。古之圣人,以公心待天下之人,胙之土而分之国。今之君人者,尽四海之内为我郡县犹不足也。人人而疑之,事事而制之,科条文簿日多于一日。而又设之监司,设之督抚,以为如此,守令不得以残害其民矣。不知有司之官,凛凛焉救过之不给,以得代为幸,而无肯为其民兴一日之利者。

    为了应付反应迟钝的行政机构,中国统治者的典型对策是设置间谍和告密者的平行网络,完全脱离正式政府,只是重叠在其上。这显示宦官所扮演的重要作用。不像普通官僚,宦官可以直访皇帝居所,通常获得比政府官员更大的信任。皇宫因此派他们外出,或刺探情报,或惩罚正式官僚。到明末,皇宫估计有十万宦官。从 1420 年开始,他们组织成奥威尔式(Orwellian)的秘密警察,全名叫东缉事厂,受东厂掌印宦官的管辖,在朝代晚期演变成“极权恐怖主义的机关”。但皇帝又发现,他也控制不了宦官。尽管有内正司(编按:明代负责惩处违纪太监的专门机构),他们还是自订政策,上演政变,共谋反对皇帝。中国政治制度没有任何政治负责制的机制——没有地方选举或独立媒体,以保证官员的诚信。因此,皇帝不得不将一套自上而下的中央控制系统,叠放在另一套之上。虽然如此,他仍然无法取得对国家的严密控制。

    明朝不愿和不能征收它所需要的税赋,最终导致它的倒塌。明朝统治的头两个世纪,中国基本上没有外患威胁。到 16 世纪末,安全情形急剧恶化。日本海盗开始突袭富庶的东南海岸,幕府将军丰臣秀吉在 1592 年侵犯朝鲜。同年,内蒙古发生战争,南方的土著也纷纷起义。最为严峻的是北方的后金,它变得更加强悍,组织得更加严密,已在东北边境频作骚扰。

    政府对危机的回应完全无力。面临攀升的开支,它耗尽银子储备,但仍然拒绝向士绅阶层增税,最终坐失良机。虽然军事威胁变得愈益明显,累计欠税在 17 世纪最初几十年仍持续上升。皇帝甚至几次颁布税赋大赦,在征收欠税上显然认输。戍边军队早先组织成自给自足的军事屯垦区,现再也无法支撑,必须仰赖中央政府长途运来的给养。政府没能组织妥善的押运制度,因此做不到准时支付军饷。朝廷步履蹒跚,勉强维持到 1644 年。其时,北京政府因李自成的汉族起义军的打击而愈益衰弱,最终毁于获得明军降将帮助的满洲军队。

    好政府,坏政府

    20 世纪之前,明朝是统治中国的最后一个本土政权,其传统政治制度已发展到登峰造极的地步。它的机构现在看来是非常现代和有效的,但其他方面却落后和失灵得难以置信。

    首先是帝国的官僚选拔制度。科举制度的根源可追溯到汉朝,但在隋、唐、宋初,出仕人选仍局限于精英家庭的小圈子。到了明朝,科举制度才成为进入政府的主要途径,赢得了威望和自主,使之成为所有后世科举制度的榜样。

    科举制度与更广泛的教育机构相连。全国各地都有儒家学校,接受望子成龙的父母送来的孩子。最好的学生由老师推荐去南京和北京的国子监深造,将来参加科举考试。(推荐不争气学生的老师要受罚。此法现代大学可以借鉴,用以抵制贬值的分数。)精英家庭仍有可能以“例监”的名义,将自己的孩子送进去。但这些靠捐纳取得资格的监生(类似于当代哈佛和耶鲁的遗产特选生,即富裕校友的孩子),很少抵达官僚机构的最高层,那里仍然严格要求选贤与能。最高荣誉属于连中三元者,即在三级考试中都获第一名:省的乡试、京城的会试、宫廷的殿试。在明朝历史中,完成此一壮举的仅商辂一人。他在官僚机构中级级高升,到 15 世纪晚期成为谨身殿大学士。

    中国的官僚机构树立了一个模版,几乎所有现代的官僚机构都是它的复制品。它有中央集权的委任和晋升制度,各等官职从顶端的一品到底部的九品(很像美国政府的文官序列表),每一品又分正从两级,所以,官职提升可从正六品到从五品。经科举而入仕的官员,会被派到全国各地担任低层官职,但不得在自己家乡。如果亲戚碰巧分配在同一衙署,年少的通常必须引退。三年之后,官员得到部门主管的评估,再直接上报吏部。不鼓励官僚的水平调动。经受住这个制度淘汰、并被提升到顶端的官员,往往是才华特别出众的。

    然而,这些才干优长、组织良好的官员在为一位独裁者服务。他无须遵守任何规则,大笔一挥便可否决仔细谋划出来的政策。他们面对皇帝变化无常的处罚和清洗,只有很少高官得以结束自己的任期,而没有受到羞辱。最坏的决策出自开国的太祖皇帝,他对自己的丞相产生怀疑,不但废除丞相制,而且规定“以后嗣君,勿得议置丞相,臣下此请者,置之重典”。这意味着,后代皇帝不能有相当于总理的助手,只好亲自与掌管实际工作的数十部门打交道。这个制度在精力充沛、巨细无遗的明太祖手中,尚能勉强运转;在能力较差的后代统治者手中,简直就是一场灾难。十天内,太祖必须应答 1,660 本奏章,处理 3,391 件不同事项。可以想象,继任者对太祖所规定的工作量的愤慨。

    很多后代皇帝不胜其任。传统上认为,明神宗(万历皇帝)是最不堪者之一。他自 1572 年到 1620 年的漫长统治,正好对应着明朝的式微。在位的后半期,他干脆拒绝与尚书们见面和主持朝廷。数千份奏折留中不发,在宫廷里堆积如山,既不看也不予答复。事实上,他一连数年不出宫殿,其间重要的政府决策都无法制定。他也非常贪心,挪用国家财政来支付私人费用,例如建造壮观的定陵。17 世纪早期的军事危机中,国家储备仅剩二十七万两银子,他自己名下却累积两百多万两。不顾户部尚书的屡屡请求,他仍拒绝发放足够的帑银来支付军饷。他的行动直接导致了最终摧毁明朝的满族力量的增长。

    “坏皇帝”的问题

    我们所讨论的政治发展三大组件中——国家建设、法治、负责制——中国在历史早期就获得了第一件。在某种意义上说,中国人发明了好政府。他们设计的行政机构是理性的,按照功能而组织起来,以非人格化标准进行招聘和晋升,这绝对是世界第一。也许因为中国社会如此重视家庭,国家建设者认定,他们的特别任务就是在政府中杜绝腐败根源的家族或裙带的影响。

    在战国时期的战争洪炉中建立如此制度是一回事,要在后续两千年中维持下去是另外一回事。早已获得现代性的官僚机构,在国家崩溃或遭受贵族家庭的瓜分时,又变成衰败和家族制复辟的牺牲品。国家衰退在数世纪内逐渐发生,再要恢复到当初秦汉创建者的设计,也要花费数世纪。到了明朝,古典制度在很多方面获得完善。它更加任人唯才,所控制的社会比汉朝的更为庞大,更为复杂。

    在其他方面,中国政治制度又是落后的。它从没创立法治和政治负责制的机制。国家之外的社会像以前一样,与欧洲或印度相比,组织得更为松散,很难采取政治行动。没有拥有土地的独立贵族,也没有独立城市。四下分散的士绅和农民,只可被动地抵制政府命令,不时爆发激烈的起义,又遭到残酷的镇压。他们从来没有像斯堪的纳维亚农民所做的那样,组织成集团向国家争取权利。随着佛教和道教的流传,独立的宗教团体在隋唐时期蓬勃兴起。在中国历史的不同时期,这些宗教团体发挥反国家的作用,从红巾军到太平天国。但宗教始终只是小宗派现象,在正统儒家当局的眼中是可疑对象,从没能代表强大的社会共识,也不能以法律监护人的资格来限制国家权力。

    中国王朝的重大遗产是高品质的威权政府。世界上几乎所有成功的威权现代化者,包括韩国、新加坡,现代中国大陆、台湾地区,都是分享中国共同文化遗产的东亚国家,这不是偶然现象。很难在非洲、拉丁美洲或中东,找到像新加坡的李光耀或韩国的朴正熙那样素质的威权统治者。

    但明朝和中国其他历史时期的经验,提出一个令人不安的问题:在没有法治或负责制的情况下,良好统治能否长久。如遇坚强能干的皇帝,该制度卓有成效,雷厉风行,简直令人难以置信。如遇变化无常或庸碌无能的君主,他们大权独揽,经常破坏行政制度的效率。武则天清洗官僚机构,安插自己不合格的追随者;明太祖废除丞相制,让继任者束缚于这一困境;明神宗完全不理政事,导致政府瘫痪。中国人视之为“坏皇帝”问题。

    中国制度中确有一种负责制。皇帝接受教育,深感对人民的责任。他们中的优秀者,尽量回应人民的需求和抱怨。尽责的统治者还经常以人民名义惩戒手下官员,并依靠宦官网络来刺探谁在做好事,谁在做坏事。但制度中唯一正式的负责制是向上的,即对皇帝负责。地方官员必须担忧,宫廷如何看待他们的表现,但绝对不会在意普通老百姓的意见,因为后者无法依赖司法或选举的程序来反对自己。对普通中国人而言,遇上昏官的唯一求援是上诉,希望皇帝有可能获悉。即使是好皇帝,在如此辽阔的帝国中,要想得到他的注意简直是缘木求鱼。

    ……

    然而,法治和政治负责制在中国是不存在的。滥权的绝大多数,并不来自暴政的中央政府,而是来自散布四方的各级地方官员。他们狼狈为奸,或偷窃农民的土地,或接受商人的贿赂,或漠视环保和安全的规则,或遵循历来地方官员所从事的。如有灾难发生,例如地震披露的豆腐渣学校工程和管理不善的公司的奶粉污染,中国人的唯一求援就是向中央政府上诉。而中央政府则不一定作答。有时,它会对犯法官员采取严厉措施,但在其他时候,它自己太忙,或心不在焉,或要应付更为紧要的事务。

    法治和政治负责制本身很好,但有时会搅乱卓有成效政府的运作,如印度国家由于诉讼和公众抗议,而无法作出基建项目的决策;或美国国会由于说客和利益团体,而不愿面对像社会福利这样的紧迫问题。

    但在其他时候,为维护卓有成效的政府,法治和负责制又属必不可少。在适当条件下,强大的威权制度可以建立非常有效的政府。政治制度要能承受外部条件的变化,以及内部领袖的变更。法治和负责制制衡国家权力,从而减少政府表现的参差不齐。它们约束最好的政府,但也防止坏政府的失控。相比之下,中国人从未能解决坏皇帝的问题。

    光有制度还不够

    传统中国为何发展不出本土的资本主义?这引起了广泛争论,包括马克斯·韦伯的《中国的宗教:儒教与道教》和李约瑟(Joseph Needham)的巨著《中国的科学与文明》。本卷目的不是为了参与争论,只是想解说,遏制资本主义在中国发展的大概不是由于良好制度的缺席。

    现被认为与现代经济发展休戚相关的制度,明朝中国已拥有大部。它有强大和组织良好的国家,可提供稳定性和可预测性。卖官鬻爵和其他公开的腐败虽然存在,但不像 17 世纪的法国和西班牙(参看 23 章和 24 章)那么猖獗。暴力处于控制之中,与很多当代发展中国家相比,中国实现了文官政府对军队的高度控制。其弱点当然是法治的缺乏,产权因此而受害于政府的朝令夕改。如我在第 17 章中所争论的,对经济增长而言,宪政意义上的法治并不是必须的。虽然土地不时被征用,尤其是在朝代初期,但国家得以维持几十年“足够好”的产权,在农村的征税也尤其偏低。今天的中华人民共和国,也有足够好的产权,以支持异乎寻常的经济增长。

    当然,明朝中国奉行经济上不理性的政策,严格控制商人和贸易。它对食盐生产的垄断将价格人为提高,像法国和奥斯曼帝国一样,导致大量走私和腐败。对发展来说,政策远远没有制度那么重要,朝令可以夕改,而制度的建立则艰难得多。

    中国所缺乏的,恰恰是经济学家假设为人类共同特征的利益最大化精神。明朝中国的各行各业,都沉浸在巨大的满足之中。皇帝觉得没有必要收取力所能及的税赋,其他种类的革新和变更也都不值一试。下西洋总兵正使郑和远航印度洋时,发现了全新的贸易通道和文明社会,但没有激起好奇心,也没有后续的远航。下一个皇帝为了节约而削减海军预算,中国的大发现时代(Age of Discovery)刚刚开始,便告结束。同样,名叫苏颂的宋朝科学家发明了世界上第一座机械时钟,由水轮推动庞大多层的齿轮系统,因女真人攻陷首都开封而遭遗弃。时钟的部件散落各地,如何制作,乃至它的曾经存在,经过几代人就湮没无闻了。 阻碍明清中国取得经济增长的因素,今天已不复存在。早期西方评论家认为拖中国后腿的文化缺陷,现也不再是原因。20 世纪初,大家都嘲笑儒家理想中的士绅学者,留长指甲,除了当官,拒绝做任何其他工作,成为现代化的障碍。这一独有的士绅理想已在 20 世纪消失,但重视教育和私人进取的文化遗产仍然生龙活虎,非常有利于中国的经济增长。它体现在全世界无数中国母亲身上,省吃俭用,把孩子送到最好的学校,敦促他们在标准化考试中出人头地。导致明成祖的继任者取消远航的自满,已被异乎寻常的强烈意愿所取代,中国领导人渴望学习外国经验,如果合适便加以采用。首创门户开放的政治家邓小平说,“不管黑猫白猫,捉住老鼠就是好猫”。中国在前一世纪全球经济比赛中表现得如此糟糕,现在又如此杰出。较为信服的解释是它对科学、知识和革新的态度,而不是它的政治制度的根本缺陷。

    第四部分 负责制政府

    第 22 章 政治负责制的兴起

    何谓政治负责制;欧洲建国的迟到反成自由的来源;辉格史观错在何处;比较各国才能理解政治发展;欧洲五种不同的结果

    负责制政府意味着,统治者相信自己应对治下的民众负责,应将民众利益置于自身利益之上。

    负责制可以多种方式获得,如道德教育,这是中国和受儒家影响国家所奉行的。君主接受教育,深感对社会的责任,并从老练通达的幕僚那里,接受经邦纬国的咨询。今天,统治者自称关心民众,但又不受法治或选举在程序上的限制,如此的政治制度,西方人士往往嗤之以鼻。但道德负责制在威权社会中仍有实际意义,约旦哈希姆王国与萨达姆·侯赛因治下的伊拉克复兴党(Ba’athist)政权形成明显的对照。它们都不是民主政体,但后者实施残酷和无孔不入的专政,主要为萨达姆亲朋好友的利益服务。相比之下,除了权力极其有限的议会,约旦国王无须对人民负责,但还在尽量满足约旦社会各团体的需求。

    正式的负责制只是程序上的:政府愿意屈服于限制其随心所欲的机制。归根结蒂,这些程序(通常在宪法中得到详细说明)允许社会公民因政府渎职、无能或滥权而将之完全取代。今天,程序上负责制的主要形式是选举,其中最好的是成人普选的多党选举。但程序上的负责制并不局限于选举。在英国,对负责制政府的早期要求是以法律名义,公民相信国王也应服从法律。其中最重要的是普通法,基本上是由非民选法官所塑造,再加上非普选议会所制订的。所以,最早形式的政治负责制,其对象不是全体人民,而只是代表社会共识的传统法律,以及寡头的立法机关。我在此使用“负责制”,而不用“民主”,道理就在这里。

    久而久之,民主渐渐发生。选举权逐一抵达更为广泛的阶层,包括无产男子、女子、少数种族、少数民族。此外愈来愈明显,法律不再依据宗教,而要求得到民主的批准,即使其执行仍留给专业法官。在英国、美国和西欧,程序上负责制的完全民主化,一直要等到 20 世纪。

    姗姗来迟的欧洲建国

    早期现代时期,欧洲国家建设者方才投入等同于中国和土耳其的工程——建造强大的中央国家,在全国领土上实施统一的行政管理,并宣称主权。这些努力开始得很晚,始于 15 世纪末,成于 17 世纪末。国家主权的理论来自学者的笔尖,如格劳秀斯(Hugo Grotius)和霍布斯。他们主张,真正享有主权的不是上帝,而是国王。

    总的来说,欧洲君主在此项工程中遇上更大阻力,与中国或土耳其相比,欧洲社会中其他政治参与者组织得更为严密。国家建设继续进行,但经常遭遇有组织的反抗,迫使统治者寻找同盟以求折中。地主贵族早已根深蒂固,坚守在固若金汤的城堡,拥有独立的收入和军队。中国贵族从未获得如此的独立;如我们所知,奥斯曼帝国从不允许此种贵族阶层诞生。国家建设广泛开展时,西欧涌现了资本主义经济的元素。商人和早期制造商创造大量财富,不受国家的控制。自治城市愈益成熟,尤其在西欧,还依据自己的规则来组织自己的民兵。

    欧洲法律的早期发展在限制国家权力上发挥重要作用。君主经常侵占百姓的产权,但漠视法律依据而随意没收私人财产的却很少。因此,他们并不享受无限的征税权力,为了资助战争还要向银行家借钱。就任意的逮捕或处决而言,欧洲贵族享有更多的人身安全。除了俄罗斯,欧洲君主也避免在自己社会中向精英发动赤裸裸的恐怖和威胁。

    欧洲国家建设的迟到,恰恰是欧洲人后来享受的政治自由的来源。早熟形成的国家,如果缺乏法治和负责制,能对百姓实施更为有效的暴政。物质条件和技术的每一项进步,落在不受制衡的国家手中,便意味国家更有能力为自身目的而严格控制社会。

    向平等进军

    托克维尔(Alexis de Tocqueville)在《论美国的民主》中开门见山:过去八百年中,人人平等的思想在世界各地得到认可,这一事实是天赐的(providential)。贵族的合法性——有人生来就高贵——不再是理所当然。没有奴隶的改变意识和寻求承认,主子和奴隶之间的关系就无法颠倒过来。这一思想革命有很多来源。所有的人,尽管在自然和社会的层次有明显差异,但在尊严和价值上却是平等的。这个概念是基督教的,但在中世纪教会的眼中,其实现并不在今生今世。宗教改革,加上印刷机的发明,赋予个人阅读圣经和追求信仰的权利,不再需要像教会那样的中介。始于中世纪晚期和文艺复兴时期,欧洲人已开始质疑既存权威,现在这种质疑得到进一步的加强。那时,人们开始重新学习古典文献。现代自然科学——从大量实证数据中提炼普遍规则,通过可控试验来测试因果理论——树立了新式权威,很快在各大学中获得建制化。它所孵化的科学和技术,可供统治者利用,但不受控制。

    奴隶日益意识到自己的价值而变得理直气壮,这种转变表现在政治上,就是追求自己的政治权利。换言之,他们要求分享共同决策权。该权利曾存在于部落社会,只因国家兴起而湮灭。这项追求导致了社会团体的大动员,像资产阶级、农民和法国大革命中的城市“群众”,曾经都是治下的消极老百姓。

    这项追求寓于普世的字眼之中,对现代负责制政府的兴起至关重要——如托马斯·杰斐逊在美国《独立宣言》中所宣告的,它是基于“人人生而平等”的前提。纵观人类历史的先前阶段,不同个人和团体为获得承认而斗争,但其寻求的承认是为他们自己、他们的亲戚团体和社会阶层;他们试图自己成为主人,而从不质疑主子和奴隶的关系。对普遍权利的新式理解显示,接踵而至的政治革命,不再以新的狭窄精英团体去替换旧的,而在为全体人口逐渐获得选举权而铺平道路。

    思想变化的累积效果是极其巨大的。法国有中世纪机构三级会议,如有国家大事,可召集全国代表来开会作出决定。1614 年,玛丽·德·美第奇(Marie de Medicis)摄政王召开的三级会议,对腐败和税赋频发牢骚,怨声载道,但最终还是接受皇家的权威。到 1789 年,由于启蒙和人权思想的影响,它的再次召开遂激发法国大革命。

    如果没有权力和利益的潜在平衡,使参与者认为它是糟糕选择中最好的,单凭思想观念,还不足以建成稳定的自由民主政体。强大国家既执行法律,又受法律和立法机关的制衡,这种奇迹全靠社会上不同的政治参与者彼此之间维持大致的均势。他们当中,谁也不是龙头老大,便不得不达成妥协。我们所理解的现代立宪政体,就是这些不受欢迎、计划之外的妥协的结果。

    自共产主义倒塌和亨廷顿的第三波民主化以来,我们目睹了这种动态。第三波始于西班牙、葡萄牙和土耳其在 20 世纪 70 年代的民主过渡;到 70 年代和 80 年代,再转移至拉丁美洲和东亚;随着 1989 年后东欧共产主义的倒塌而抵达顶峰。民主政体是最为合法的,甚至是唯一合法的,这种思想已传遍世界每一个角落。民主宪法在非洲、亚洲、拉丁美洲和前共产主义世界获得重订,或首次制订。但稳定的自由民主政体,仅占参与民主过渡国家的一部分,因为社会力量的对比,未能迫使不同参与者达成宪政上的妥协。这个或那个参与者——通常是继承了行政权威的——总会比其他参与者更为强大,并以他人为代价扩充自己的势力。

    支持现代民主的启蒙思想在欧洲广泛传播,一直抵达俄罗斯。各国接受程度则有显著的差别,取决于不同政治参与者对自身利益所受影响的估量。要了解负责制政府的出现,必须了解欧洲各地既存的政治力量,有些提倡负责制,另一些并不反对专制主义的抬头。

    仅了解一个国家等于不懂国家

    我谈论欧洲时,好像它是与中国或中东作比的单独社会,但在事实上,它拥有政治发展的多种模式。现代宪政民主的故事经常基于胜利者的观点,即老是依据英国和其殖民衍生品美国的经验。在所谓的“辉格史观”(Whig history)中,自由、繁荣和代议政府的同步成长,被视为人类制度无可阻挡的进步,其始于希腊民主和罗马法律,铭记于大宪章,虽受到斯图亚特王朝的威胁,但在英国内战和光荣革命期间,获得了捍卫和昭雪。这些制度通过英国在北美的殖民地,再输给世界各国。

    辉格史观的问题,不是指它的基本结论是错的。实际上,强调征税在驱动负责制政府出现上的首要作用,大体是正确的。问题在于,像所有仅从单一国家历史出发所作的论证一样,它不能解释议会制度为何出现于英国,而缺席于情形相近的其他欧洲国家。这种史观经常导致评论家断定,已然发生的事必然发生,因为他们不清楚导致特别结果的复杂背景关联。

    举例说明,在兰尼米德七年之后的 1222 年,皇家侍从阶层迫使匈牙利国王安德鲁二世(Andrew Ⅱ)签署让步的金玺诏书(Golden Bull),被誉为东欧的大宪章。该诏书保护精英免受国王的随心所欲,如果国王违诺,主教和议会要员享有抵制权利。但这诏书从没成为匈牙利自由的基础。这部早期宪法在限制匈牙利国王权力上颇为有效,实际统治权竟而落到了不愿自律的贵族阶层手中。该宪法并没开发新政治制度,以立法机关来制衡行政权力,反而阻碍了强大中央政府的出现,以致国家无法抵抗外来侵略。国王也无法保护国内农民免遭寡头的贪得无厌。到了 1526 年的莫哈奇战役,匈牙利完全丧失自由,成为奥斯曼帝国的战利品。

    负责制政府兴起的任何解释,既要看成功案例,也要看不成功的。这样才能了解,为何代议制度出现于欧洲某地而专制主义却盛行于其他地方。从德国历史学家奥托·欣策(Otto Hintze)开始,已有人在作出努力。查尔斯·蒂利再接再厉,认为外部军事压力和征税能力是主要的变量。最近的卓越努力来自托马斯·埃特曼(Thomas Ertman),他查阅的案例远远超过大多数比较历史研究,并对大部分观察到的差异作出了较为信服的解说。

    这种研究还无法成为政治发展的真正理论。说到底,能否创立这样理论都还是未知数。从社会科学的角度看,麻烦在于有太多变量,而没有足够案例。该理论尝试解释的政治结局,不仅是代议政府和专制主义的黑白之分。如下所述,至少有五种不同类型的国家在欧洲出现,其起源都需要得到解释。例如,法国和西班牙的专制主义,跟普鲁士和俄罗斯的就相当不同。事实上,普鲁士和俄罗斯彼此之间又有很大差异。有实证显示,发挥作用从而导致不同结局的变量,其数字是很大的,既有蒂利说的外部军事压力和征税能力,还有内部阶级关系的结构、国际谷物价格、宗教和思想、统治者和民众接受变量的方式。要想从这么多因果关系中,找出可预测性的普遍理论,其前景确实微茫。

    我将在后续章节中,尝试描述欧洲政治发展的重要路径,以及与此相关的各种原因。也许可从一系列案例中概括出哪些因素最重要哪些最不重要,但远远不能成为真正的预测性理论。

    欧洲的东周时期

    在很多方面,1100 年的封建欧洲很像周朝的中国。有名义上的君主或统治朝代,但实际权力落到高度分散的封建领主手中。他们保持军队,维持秩序,主持正义,在经济上基本上自给自足。也像中国一样,有些王室凭借严密的组织能力、冷酷无情以及运气,而变得出类拔萃,并开始在愈益扩展的地域中巩固自己的领土。

    15 世纪到 17 世纪,欧洲发生巨大的政治变动,导致强大国家的兴起,可与中国公元前 5 世纪到公元前 3 世纪的国家建设媲美。变更背景是人口的大幅增长,尤其是在 16 世纪,再加上人均财富的递升。这是一个全球现象,如我们以前讲到的,也影响奥斯曼帝国。它在欧洲造成的效果,比在中东也许更为良性。欧洲人口从 1500 年的六千九百万,增至 1600 年的八千九百万,增长率几近 30%。大量金银来自西班牙在新大陆的殖民地,经济货币化在迅速流行。贸易增长开始超过国内生产总值的增长,从 1470 年到 19 世纪初,西欧商船的规模增长十七倍。

    这段时期的一开始,多数欧洲政体只是“领地国家”(domain states)。国王的全部收入来自自己的领地,只占他名义上统治疆土的一小部分。行政人员很少,来自国王家庭。实际权力分散在各级封建属臣手中。他们都是自治的政治实体,保持自己的军队,向自己的百姓征税,在地方上主持正义。如果自己是强大的男爵,就提供服务给国王。如果自己是较低等级的属臣,就提供服务给男爵。他们不是以税赋而是以自己的鲜血来履行义务,或亲自披挂上阵,或率领侍从。事实上,大多数贵族因此而免缴税赋。国王的领地可能散播于辽阔的疆土,分成数块,互不相连。他的王国只是各级属臣领土的拼凑图,甚至忠于敌对国王的属臣也会间杂其中。

    到这段时期结束,大部分欧洲政治秩序已转化成国家体系。领地国家转化成缴税属国,君主的收入不仅来自国王自己的领土,而且来自他所能征税的整个疆域。管理这个制度需要更大的国家官僚机构,最开始是秘书处和财政部,以掌控收入的征集和支付。地方领主的自治受到严重限制,现在需要缴税,而不再提供服务。中央政府向农民直接征税,从而破坏了领主与农民的传统关系。欧洲教会的地产都被国家夺走,国家直接控制的领地显著增加。国家司法的领土也从互不相连的拼凑图,变换成相邻的一整片。例如,法国版图就是在那时形成现在熟悉的六边形。通过征服、联姻或外交,各国吸收弱小政治体而得以扩展。各国也开始渗透社会,以宫廷语言来统一和减少各地方言,调整社会习俗,在愈益增大的管辖区内,建立法律和商业的统一标准。

    该变化的速度和程度颇不寻常,在很多方面可与东周时期的中国媲美,不同处只在最终幸存国家的众多,而不是大一统帝国。以征税为例,在哈布斯堡帝国内,1521—1556 年的征税为 430 万弗罗林(Florins),1556—1607 年便涨到 2,330 万。英国的平均年度税收,从 1485—1490 年的 5,200 英镑涨到 1589—1600 年的 382,000 英镑。卡斯提尔王国(Castile)在 1515 年征税 150 万枚达克特(ducat)金币,到 1598 年征税 1,300 万枚。增加的税收用来支付更大更为专业的公共机构。1515 年,法国有七至八千官员为国王服务;到 1665 年,皇家行政人员升至八万。巴伐利亚政府在 1508 年有 162 名官员领取薪俸,到 1571 年增至 866 名。

    欧洲国家的早期发展植根于主持正义的能力,但到 16 世纪之后,几乎全是为了资助战争。这段时期的战争愈打愈大,几乎持续不断。其中大型的包括:法国和西班牙之间为争夺控制意大利的持久战;西班牙征服荷兰联合省的努力;英国、西班牙、葡萄牙、荷兰和法国在新大陆争夺殖民地;西班牙试图侵略英国;宗教改革之后日耳曼内的持续对峙(以三十年战争而告终);瑞典向中欧、东欧和俄罗斯的扩张;奥斯曼、哈布斯堡和俄国之间的战火连绵。

    早期现代的国家除了基本治安和正义,没有提供多少服务。它们预算的大部用在军事开支。荷兰共和国预算的 90%,花在与西班牙国王的长期战争上。哈布斯堡帝国预算的 98%,用来资助与土耳其和 17 世纪新教政权的战争。17 世纪从头到尾,法国的预算上涨五到八倍。从 1590 年到 1670 年,英国预算增加了十六倍。法国军队人数从 13 世纪的一万二千,增至 16 世纪的五万和 17 世纪 30 年代的十五万,再增至路易十四统治晚期的四十万。

    法律在欧洲发展中的作用

    公元前第一个千年的中期,中国从少量贵族驾驶战车的战争,过渡到向全民征募的步兵战争。在 12 世纪和 13 世纪,类似的技术过渡也在欧洲发生,披甲戴盔的骑兵由配备弓矛的大批步兵所取代。跟中国的早期建国者不同,早期现代的欧洲君主没在自己领土上征募大量农民。查理五世(Charles V)投入战场的精锐军队,以卡斯提尔部队的步兵方阵(tercio)为核心,再配以来自国内外签有合同的雇佣兵。欧洲的大规模征募仅出现于 18 世纪,但他们仍然不是国家权力的基础,直到法国大革命的国民征兵制(levee en masse)。相比之下,像秦国一样的东周列国,直接从骑兵的贵族战争过渡到大规模征募,中间没有雇佣兵阶段。

    早期现代的欧洲君主为何没像中国君主那样,直接征募自己领土上的大量农民?为何不以增税来付军饷,反而要依赖贷款和卖官鬻爵?

    主要原因之一是欧洲的法治。我们在第 18 章中看到,它由宗教法律发展而来,在各领土上广泛流传。欧洲封建主义的整个等级结构,受到承继下来的法律的保护,将主权和权力有效地分配给各式从属政治体。农民受一系列封建法律和义务的束缚,主要是欠自己领主的。国王没有征募农民的法律权利,事实上,他甚至不能征募自己领土上的农民。因为后者的义务定得十分详细,可能没有军事服务。欧洲君主并不觉得自己可攫取精英的财产,因为后者可援引基于封建契约的古代权利。国家可以征税,但必须通过组织起来的各式会议(像法国的三级会议),以证明征税的正当性,方可取得许可。专制君主曾尝试削减这些会议的权力,但其操作仍局限于赋予君主合法性的法律总框架。国王并不觉得自己有权侵犯对手的私人安全,或任意拘留,或随便处死。(但要注意,这些规则很少用于非精英者,像农民和其他平民,他们还要再等到历史的后期。)

    早期中国君主所实使的暴政,很少欧洲君主敢于尝试,不管是在封建时期还是早期现代。中国君主从事大规模的土地改革,任意处决当朝的行政官员,迁移整个区域的人口,疯狂清洗贵族对手。出现此类行为的唯一欧洲宫廷是俄罗斯。这种不受节制的暴力要在法国大革命之后,方才变得流行。当时,源于古老欧洲秩序的所有法律约束,被现代化一扫而空。

    欧洲的国家发展必须应付限制国家权力的全套法律,懂得这一点很重要。欧洲君主试图扭曲、违反和回避有关法律,但其选择仍受成熟于中世纪的既存法律的限制。

    国家建设的架构

    为了投入战争,国家必须以愈益增大的规模动员资源。对资源的需求,导致更高水平的征税,想方设法将更多人口和社会资源纳入征税范围。财政资源的管理,促使国家官僚机构的扩大和机构的愈益合理化,以谋求最高效率。国家要有辽阔领土,以扩大税收基础;要有相邻领土,以达防御目的。政治异见会被敌人利用,因此有必要在整片领土上实施统一的行政管理。

    欧洲的某些地区——日耳曼和东欧的一部分,还有像瑞士那样的地理隔离地区——没有面对早期的军事竞争,因此组织现代国家较晚。所有的其他强国——法国、西班牙、英国、荷兰、瑞典、俄罗斯、哈布斯堡帝国、波兰、匈牙利等——从 15 世纪以来,都面对军事开支和中央集权的需求。

    欧洲历史此时的政治发展,体现在集权国家和抵抗团体之间的互动。如果抵抗团体单薄且组织不良,或被国家收买去帮助榨取他人的资源,那里就出现专制政府。如果抵抗团体组织良好,中央政府无法颐指气使,那里就出现较弱的专制政府。如果抵抗团体与国家不相上下,那里就出现负责制政府,他们坚持“无代表即不纳税”的原则:愿意提供实质性的资源,但一定要参与如何使用的决策。

    斗争的结果不是国家与整个社会的双边权利争夺战。粗略而言,斗争牵涉四支力量:中央君主政府,高级贵族,更为广泛的士绅阶层(小地主、骑士和其他自由人),包括市民在内的第三等级(资产阶级的雏形)。占社会人口大多数的农民尚不是重要参与者,因为他们还没动员起来,还没成为代表自己利益的社会集团。

    对国家集权的抵抗程度,取决于国家之外的三个群体——高级贵族、士绅、第三等级——能否合作,以对抗皇家权力。它也取决于每个群体所显示的内部凝聚力。最终,它还取决于国家本身的凝聚力和使命感。

    在后续章节中,我将显示四个欧洲国家建设的结果,以及这些结果为何迥然不同的原因。这个分类覆盖了最为纷纭的案例,从最为代议的到最为专制的。它们是:
    1.软弱的专制:16 世纪和 17 世纪的法国和西班牙君主政体,代表了新型的专制国家,在某些方面,比荷兰和英国更为集权,更为独裁。另一方面,它们仍不能完全支配社会上的强大精英,更重的税赋落到了最无力抵抗的阶层。它们的中央政府仍是家族的,事实上,其家族制的程度日益增长。

    图 1. 农业社会的政治权力

    2.成功的专制:俄罗斯君主政体收买贵族和士绅,使之变成完全依赖国家的服务阶层。能够这样做,部分原因在于三方都有共同利益,都想将农民绑在土地上,并向其征收最重的税赋。当时的政府仍是家族制的,但阻止不了俄罗斯君主对贵族阶层的恐吓和控制,其程度远远超过法国或西班牙国王所做的。
    3.失败的寡头制:匈牙利和波兰的贵族一开始就向国王权力施以宪法限制,导致后者一直软弱,无法构建现代国家。软弱的君主政体无法保护农民利益,以对抗贵族阶层的残酷剥削;也不能提取足够资源来建造国家机器,以抵御外来侵略。这两个国家都没建成非家族的现代政府。
    4.负责制政府:最后,英国和丹麦发展出了稳定的法治和负责制政府,同时又建成能发起全民动员和防御的中央国家。英国如何发展议会制度,这是耳熟能详的故事。斯堪的纳维亚通过不同的政治进程,却获得同样结局。到 19 世纪末,一个成为自由派国家,另一个奠定了社会民主主义国家的基础。法律和负责制的原则早已深植人心。

    除了上述这些,还有其他重要的变量和结局。荷兰共和国和瑞士联邦,代表了另一类通向负责制政府和法治的共和途径。普鲁士君主政体虽然没有负责制,却发展了法治和强大的现代国家。我无法一一介绍这些和其他边缘案例。重要的是弄清大致的相关条件,哪些支持负责制政府,哪些支持不同形式的专制主义。

    第 23 章  寻租者

    法国的财政危机导致家族政府的兴起;总督和中央政府的成长;法国精英把自由当作特权,遂无法付诸集体行动;法国政府的致命弱点,既无法控制自己的精英,也无法向其征税

    法兰西王国呈现极端矛盾的形象,既强大,又充满潜在的虚弱。参观过巴黎郊外凡尔赛宫的人都会明白,路易十四时代的欧洲人为何如此敬畏法国君主政体。相比之下,腓特烈大帝(Frederick the Great)在波茨坦的无忧宫(Sanssouci)似乎只是小木屋。17 世纪晚期,路易十四的英国和荷兰对手,把法国看作幅员辽阔、富有、强大、野心勃勃的陆地强权,时时在威胁整个欧洲的自由,有点像冷战期间美国人眼中的苏联。法国君主政体是欧洲国家建设进程中的急先锋,为建立现代中央行政国家打下基础。托克维尔在 19 世纪 40 年代写道,与他同代的法国人相信,他们的国家只是伴随法国大革命而出现的。如他所证明的,其基础却在两个世纪之前就打下了,法兰西王国的国王“越过大革命的深渊,与现代法国握手”。

    同时,法国的国家大厦建造于腐烂和倾圮的地基。当 1715 年 9 月路易十四去世时,他的国家已彻底破产。皇家债务几达 20 亿里弗(livre),这还不包括 6 亿里弗的政府短期债券。法国的债权人已拥有直到 1721 年的未来税收,光是按期偿付连本带利的债务,便已超过可预期的未来税收。这般险恶的财政并非新鲜事,路易十四的激进外交只是使之急剧恶化。法国国王为打造中央国家,持续一个多世纪,与地方有权有势者达成异常复杂的交易,后者以现金换取各式特权与豁免。国家逐渐蚕食所有百姓的自由,并以无法持久的方式将未来抵押给腐败的公职人员。它无法达到专制主义的更高阶段,像中国在数世纪之前所实现的。最后出于规范,它必须尊重它尝试掌控的社会阶层的利益,还必须尊重承继下来的法律。等到那些社会阶层被大革命的浪潮卷走,真正的现代国家才得以浮现。

    在很多方面,法国君主政体的处境与当代发展中国家很相似,它们都把法治当作抵达目标路上的讨厌障碍。政府非常挥霍,将大笔资金投入战争,不愿花在补助金或社会福利上。由此而生的预算赤字必须找到资金,君主政体为此而四下寻觅。只要有逃之夭夭的可能,它都会牵强附会、扭曲、违反有关法律。但跑了和尚跑不了庙,最终,它还是要回到同一群债权人那里,去寻求新的资金。这种困境的唯一出路就是君主政体征用精英的财产,那也是大革命最终付诸实现的。但这超越了旧制度的想象力或能力,它因此发现自己陷入了永久的经济危机。

    同时,政府寻求资金的对象,即法国社会,也无法反过来坚持负责制的基本原则。原因在于,不同经济阶层之间缺乏社会团结,或社会资本。贵族、资产阶级和农民,在更早历史时期曾有过团结,但现在彼此不抱同情。跟英国的情形不同,他们不相信自己是单一国家的一部分。这三个阶层内部又分化成自尊的等级,每一等级非常在乎自己的特权,以及相对于下一等级的优越地位,并不在乎政府掌控自己的阶层或国家。自由被当作特权,如托克维尔所说,在大革命的前夕,法国社会中“愿意为共同目标而一起奋斗的尚不满十人”。

    在争夺主导地位的斗争中,中央国家和抵抗团体如果组织得不够严密,便出现弱的专制主义。法国的结局偏向于专制主义,但它非常脆弱,招架不住以人权为合法性基础的启蒙思想。

    家族专制主义的起点

    第一任波旁国王亨利四世在 1594 年加冕,其时,法国离统一国家或现代国家还很遥远。早期的法国国王以巴黎附近地区为权力基础,聚集数个公国,分别是勃艮第(Burgundy)、诺曼底(Normandy)、布列塔尼(Brittany)、纳瓦拉(Navarre)、朗格多克(Languedoc)。但在语言和习俗上,各区域之间仍有很大差异。王国一分为二,分别叫作财政区省(pays d’élections)和三级会议省(pays d’états)。前者是巴黎附近地区,构成国家的核心。后者是新近扩张的,处于疆土的边缘,使用不同的法律规则。此外,宗教改革又造成宗派分裂。天主教同盟和胡格诺派之间的宗教内战,要到原是新教徒的亨利四世皈依天主教,方告结束。他在 1598 年颁布南特敕令(Edict of Nantes),把天主教当作国教,但授予新教徒同等权利。

    从波旁王朝到 1789 年大革命,法国的国家建设追随两条平行途径。第一条,法国国家愈益集权,从属单元的政治权利愈益缩小。这些从属单元早在封建时期便已存在,包括所有的公国,曾是地方政府的独立贵族,以及愈益纳入国家的保护和控制的市政厅、行会、教会乃至独立的私营商业组织。

    第二条涉及集权的方式。不像早期的中国国家,也不像 18 世纪在勃兰登堡—普鲁士涌现的德国,法国的中央国家,并未建立在非人格化的任人唯贤的官僚机构基础上,因此也谈不上官僚职能专业化和教育。恰恰相反,它变成彻底的家族化。国家经常缺乏现金,急需收入,便把官位卖给最高投标者,从军事将领到财政部、征税官的公职,都可以拿钱来换。换言之,政府的私有化直达它的核心功能,公职都变成世袭的私人财产。

    如果以委托人和代理人的关系来理解廉政,代理人遵循委托人的指示必须得到鼓励。那么,法国政府所创造的制度绝对是一场梦魇。实际上,它给寻租和腐败披上了合法化和制度化的外衣,允许代理人在履行公职时谋取私利。事实上,租金一词(rente)就源自法国政府出售公职的实践,例如,出售征收特定税赋的权利,让买主获得长年累月的收入。如果现代公共管理是公私分明,那么,法兰西王国代表了彻头彻尾的前现代制度。所以,法国国家只是现代和家族元素奇特而又不稳定的混合物。

    中央行政国家和家族化公职的发展相互纠结,无法分开追踪它们的发展。法兰西王国的财政制度高度复杂,反映出它零敲碎打的发展过程。各种税项中最重要的是土地税(taille),直接征于农产品,由农民负担。还有人头税和一系列间接税,征于国内运输的酒和商品。国家垄断制造的食盐也须缴税(gabelle)。后续的国王还征收其他税赋,包括人头税(人均税)和所得税(vingtième)。

    直接财产税很难评估,因为没有制度来维持最新的人口普查,以及居民和资产的登记,像中国、奥斯曼和英国所做的那样。富有家庭自然不愿诚实公开自己的资产,不然,他们的税赋就会上涨。间接税的征收也很难,考虑到法国辽阔的疆土(如与英国相比)和分散的数千市场。17 世纪的法国经济尚未完全货币化,用来缴付现金税的硬币总是短缺。在这段时期,法国仍然是农业社会,那些在技术上容易收集的,如进口关税,尚没能提供实质性的收入。

    税赋制度的真正复杂性在于各种免税和特权。封建法国在中世纪晚期开发了两层会议的制度,一层是全国三级会议,另一层是一系列的地方或省级会议——又称为高等法院(sovereign courts, or parlements)——国王需要与之交换意见,以获得征收新税的许可。为了鼓励各省加入法国的疆域,他授予省级会议特别的恩惠,承认地方精英的习俗和特权。税制因地区而有所不同,尤其是在财政区省和三级会议区省之间。贵族利用软弱的国王来为自己赢得各种豁免,从直接税到自产货物的消费税。这些免税和特权,开始自贵族向外扩散,抵达城市富有平民、皇家官员和各级地方官员等。赢不到免税的就是非精英者,即构成国家人口大多数的农民和工匠。

    公开出售公职的做法(venality,即捐官制或卖官鬻爵制)始于 16 世纪。法国为控制意大利,发动了与西班牙的持久战争,因此承担急需国家收入的压力。其时的国王光凭自己的收入尚不够支付战争费用,所以开始向意大利、瑞士、日耳曼南部新兴的金融中心举债。法国的信用从来不高,在 1557 年拒绝还债给“大借款”的银行家联盟后,更遭受极大的损害。它也拖欠为其打仗的外国雇佣军如瑞士人的薪金。在 1602 年,法国欠下 3,600 万里弗,债主是瑞士的州和市,以及指挥其军队的瑞士上校和上尉。法国政府一旦违约,瑞士雇佣军就停止参战。

    为了解决信用问题,国家的对策是通过一种租赁机制出售公职给私人。与普通放贷相比,租主享有该公职所控制的特定长期收入。他们至少在财政区省负责征收土地税和其他税项。由于税赋经过自己的手,他们得到取回本利的较大保障。内部财政(inside finance)的制度由此而生,国家财政的主要来源不再是私人银行家,而是已属国家机器一部分的富人。后者因自己的投资,而与国家沆瀣一气。

    到头来,这些租金的信用也靠不住。政府很快将矛头指向租主,要求重新谈判相关条款。在亨利四世和财政部长叙利(Sully)治下,国家在 16 世纪早期想出一个新花样官职税(paulette):租主如果愿意付费,可将自己的公职转变成世袭财产,以传给后裔。家族制的复辟可以从早期天主教会的改革中找到根源,那时教会为现代行政管理树立了一个先例,将圣俸从圣职中区分开来(参看第 18 章)。前者享有经济租金,它的传袭因神职人士的独身而受到限制;后者是功能性职位,并接受官僚等级制度的约束。但是,一旦非神职的平民进入国家官僚机构,因为没有圣俸或封建领地的许诺,便想方设法保住工作和照顾子女。法国政府也看到,让平民融入国家,变成了削弱古老贵族影响的有效措施。追求公职的最大客源是第三等级的资产阶级成员,他们希望购买公职来提高自己的身份。所以,全面家族化渗进了法国公共行政的核心。

    官职税的采用并没终止国家筹款的诡计。国家将征收间接税的权利出售给包税商。后者在保证国家获得固定税金之后,得以保留额外的税收。国家也出售征收新税种附加税(droits aliénés)的权利,很快使传统土地税相形见绌。此外,国家增加出售公职的数量,以压抑现有公职的价格,从而稀释持有人的产权。对公职的如饥似渴,甚至令该制度的创建者感到惊讶。路易十四问他的财务总监蓬查特兰(Pontchartrain),他是如何找到购买公职的新人的。蓬查特兰回答:“陛下……国王一旦设定一份公职,上帝就会创造一名购买它的傻瓜。”

    该制度造成的低效和腐败非常可怕。财政部公职颇受欢迎,通常为私人金融家所购买,因为可以提前知道国家可能的招标,从而占据对付竞争对手的优势。财政部长定期主持汇票和其他财政记录的烧毁,以防秋后算账。英国在发展公共财政和优化征税的高级理论,如亚当·斯密的《国富论》,而法国的征税却日益投机取巧、严重失调。例如,法国各地的盐税高低不平,创造了人为的“盐税边界”,从而鼓励自低税地区朝高税地区的走私。最重要的,法国财政制度特地鼓励寻租。富人不愿投资于私人经济中的产业,宁可购买不会创造财富只会重新分配的世袭公职。与其致力于技术革新,他们宁可挖空心思来与国家和税务制度斗智。这削弱了私人企业家的活力,使新兴的私人经济领域愈益依赖国家的援助。同时,英吉利海峡对面的私人市场却在蓬勃发展。

    17 世纪晚期开发的法国财政制度相当落后,让穷人纳税,以支持有钱有势者。几乎每一个精英群体,从高级贵族、行会成员到资产阶级市镇,都为自己争取免税,把最沉重的税赋负担留给农民,这自然激起了一系列农民起义和反抗。为支持路易十四的战争而实施的增税,在 1661、1662、1663、1664、1665、1670、1673、1675 年都激起反抗。最后一次即是著名的法国红便帽起义。它们一一遭受残酷的镇压。例如,1662 年的反税起义中,政府军带走五百八十四名俘虏,年过七十岁和不满二十岁的获得赦免,其余的都上了苦役船。征税是为了支付军饷,但为了用武力执行征税任务,军队又必须自边境撤回,这不是在搬起石头砸自己的脚吗?它凸显了税收政策的根本教训:征税成本与百姓眼中征税当局的合法性,正好成反比。

    总督和中央集权

    17 世纪下半叶,在路易十三和首相黎塞留(Richelieu)、路易十四和马扎然(Mazarin)治下,法国财政危机以总督这一新建制为中央集权铺平道路。他们通常是年轻官员,前程全靠自己。如托克维尔所说,他们“并不是靠选举权、出身或买卖官职才获得手中权力”。重要的是,他们与地方精英或管理财政的鬻官等级制度全无瓜葛。总督通常是新近封爵的人,其直接下属即是平民。他们不像寻租者,巴黎的政府部门可随意予以辞退。中国为郡县配备官员,土耳其派人管理外省,现在法国发明了相同的制度。托克维尔继续说道:

    然而,这些强势的官员在残余的古老封建贵族面前仍然黯然失色,仿佛消失于贵族所尚存的光芒之中……在政府内,贵族簇拥着国王,充实宫廷;他们统率舰队,指挥陆军。总而言之,贵族不仅是那个时代最令人瞩目的人物,连后代的眼光也常常停留在他们身上。若是有人提议任命大领主为总督,那便是对他的侮辱。最贫困潦倒的贵族,通常也会拒绝这样的职位。

    17 世纪中期之前,总督的派遣没有全盘计划,只是中央政府为应付特定麻烦而派出的。渐渐地,他们愈益牵涉征税,尤其是传统上由地方官员监督的土地税。他们的篡权就是该世纪中期宪法危机的背景。

    中央政府和地方参与者分享权力的斗争,主要涉及高等法院所发挥的作用。如前所述,法国有传统的两层会议制度。一层是省级会议,每省一个(其中最重要的是巴黎高等法院),另一层是全国三级会议。在中世纪晚期,法国国王定期召开全国三级会议来批准税赋,像英国议会一样。但没有它们,国王自己也能单独统治,这被视作专制权力的标志。从玛丽·德·美第奇摄政王的 1614 年,到大革命前夕的 1789 年,竟没召开过一次全国三级会议。代议制度在英国获得发展,在法国却没有。要弄清其中原委,必须了解高等法院为何在一国发展成为强大机构,在另外一国却没有。

    代表地方精英利益的省级高等法院基本上是司法机构。跟全国三级会议不同,它们经常开会,可以成为对国王权力的制衡。国王如想颁布一项新税,就要来高等法院注册。高等法院通常举行公众讨论,遇上税务事项,会变得相当激烈。然后,高等法院可注册原封不动的法令,可修改,也可拒绝。不受欢迎的法令会在法庭上接受地方官员口头或书面的抗议。高等法院的权力很有限,因为国王可召开所谓的御前会议(lit de justice),将高等法院所拒绝的法令强行注册。高等法院的抗议仅仅让国王蒙羞而已。

    1648 年威斯特伐利亚和约(Peace of Westphalia)之后,该制度面临严重危机。其时,三十年战争的累计债款促使法国政府试图在和平时期继续战时的征税水平。巴黎高等法院的拒绝,最初导致马扎然打退堂鼓,从大多数的外省撤回总督。但高等法院领袖随后被捕,激起了所谓投石党(Fronde)的普遍叛乱。从 1648 年到 1653 年,投石党运动分成两个阶段,代表了传统地方精英和贵族,对君主实施最终制裁,即武装叛乱。双方都有可能赢得内战,但到最后,政府政策激怒的各式社会参与者不能团结一致以取得军事胜利。

    高等法院和贵族的失败,为法国政治制度的彻底集权铺平道路。17 世纪下半叶,路易十四和财务总监柯尔贝尔(Jean-Baptiste Colbert),故意将总督转化成国家工具,让皇家会议(Royal Council)赋予他们在全法国的统一权力。他们被安插到每个省份,权力大为增加。他们开始招募和监督地方民兵,接管公共建设,负责公共秩序。救济穷人的义务,早已被封建贵族放弃,也变成由总督经手的中央政府的功能。

    国家建设过程中湮灭的自由,还包括城镇和市政的自治权。直到 17 世纪晚期,法国的城镇居民一直行使权利,以民主方式选出地方法官。他们维护自身权利,经常还获得国王的支持,作为削弱地方贵族的手段。但到 1692 年,第一次废除选举,地方法官改成中央指派的总督。托克维尔对此作出评论:

    值得历史大加蔑视的是,这场伟大的革命在并无任何政治目的的情况下完成了。路易十一之所以限制城市自由,是因为它的民主性质使他感到恐惧;路易十四之所以摧毁城市自由并非出于恐惧,真实情况是他把城市自由出售给所有能赎买的城市。其实他并不想废除城市自由,而是想以此为交易,即使他实际上废除了城市自由,那也绝非本意,而仅仅是基于财政目的的权宜之计。奇怪的是,这套把戏一成不变,竟然持续了八十年。

    托克维尔有一条非常有趣的评论。他所钦佩的新英格兰城镇是美国民主的基础,与中世纪的法国城镇一样,都源自相同的封建地方机构。到 18 世纪,两者却分道扬镳,原因在于法国中央政府的收买。法国城镇政府开始受到寡头的控制,他们愈益通过买卖官职来获得公职,让自己出名。社区团结因而遭受破坏,除了掌控公职的精英,其他民众陷入冷漠。

    政治集权的影响是非常深远的,建立了我们今天所知的更为划一的国家。1685 年撤销南特敕令,让天主教独霸一方,导致很多企业家和巧匠的新教徒移民到欧洲他处,甚至远赴北美和南非。中央政府现有更大权力,可以宣布新税,不用担心已被慑服的高等法院的反对,全国各地的税赋差异得以降低。投石党叛乱失败之后,贵族失去了其在农村的权力基础,反被召到宫廷。他们在那里直接为自己的补助金和免税进行游说,为觐见国王而忍受操纵。古老贵族争相出席路易十四的晨服仪式(levée),就是其中一例。贵族以真正的政治权力和财富作为代价,得以保留自己的社会地位。仍然剩下的权力只是他们继续控制的领主法庭。我们在第 17 章中看到,此类法庭在英国逐渐纳入皇家的控制。所以,法国只在错误的地方获得统一:丧失地方上的政治自治,以致不能在社区问题上做出决定;保留了地方贵族掌控的不平等司法制度,以致人们更加不相信既有产权的公平。

    中央集权的局限和改革的不可行

    18 世纪早期,法国国家日益增强的权力践踏了个人权利,首当其冲的是产权。但它的做法,却是典型的欧洲方式,即通过操纵法律制度,而不是罔顾法律、纯用强力。要废除惯例的权利和约束,必须经过漫长的辩论,并依照封建法律秩序的规定,在政治上争个明白。因此,剥夺高等法院的权力,足足花费了将近一个世纪的时间。法国国王对反抗的农民非常残忍,对精英参与者却有不寻常的尊敬。在投石党叛乱遭受失败之后,两名带头造反的贵族蒂雷纳(Turenne)和孔代(Condé),要求并获得了路易十四的饶恕。如果这些人是中国贵族,他们和所有家人都会被处死。

    路易十四死于 1715 年,身后的君主政体债台高筑。为了减少负债,国家诉诸类似保护费诈骗的伎俩。它掌控名叫司法堂(chambre de justice)的特别法庭,然后威胁要调查债权人的私人财务。几乎所有债权人或多或少都涉及腐败,便同意降低政府的欠债,以交换调查的取消。用选择性的反腐调查来筹集收入,或胁迫政治对手,这种策略时至今日仍然流行。

    新财政部长约翰·劳(John Law)上任后,法国尝试另一套应付债权人的办法。它创建国家银行,订出硬币换成钞票的固定比率,然后强迫百姓统统以硬币兑换钞票,如有不从,则以起诉、抄家、充公来威胁。过后,银行又毁约,让钞票在硬币的基础上一再贬值,实际上只想少付债务利息。约翰·劳宣称,个人手中的财产,只有用于国王认可的正当用途,方才真正属于个人,导致孟德斯鸠(Montesquieu)称他为“欧洲史上促进专制的最伟大人物之一”。但约翰·劳的制度最终证明无法实施,随后很快破产。像近代的很多专政政体,法国君主政体发现,政治法令既不能建立投资者的信心,也无法取消经济的基本原理。

    18 世纪时期,法国各式的社会和政治参与者,相互均势发生了重要改变。世界资本主义经济日益增长,提高了生产效率,导致物质财富和法国资产阶级的剧增。就重要性而言,这些经济变化却比不上同时发生的思想运动。关于人权和平等的启蒙思想,在欧洲迅速扩散,获得突如其来的胜利。18 世纪 80 年代重开三级会议,开会原因完全不同于先前:三级会议限制国王权力的权利,不再基于封建习俗的古老起源,而基于它们能代表享有平等权利的广泛公众。一般认为,法兰西王国的财政制度已变得非常可怕,既复杂又不公平。早先数代财政部长,使用各式花样来赖债和搜刮债权人,现在取而代之的是新见解:征税应该统一和公平,合法性来自法国人民推选的代表。

    法国大革命和民主莅临的故事,大家都很熟悉,我不想在本书详尽叙述。我之所以提起,只是为了一个不同目的。18 世纪 70 年代和 80 年代的法国政治家,接受新思想的影响,尝试以和平改革的方式改造旧制度,但由于既得利益团体紧紧抓住政治权力不放,而屡屡受挫。

    这样的努力有过两次。第一次始于路易十五和首相莫普(Maupeou)治下的 1771 年。莫普发起与高等法院的冲突,禁止他们彼此联系和举行罢工。对方拒绝听命后,莫普重组整个司法系统,并取消巴黎高等法院的大部分司法权。最重要的是,他废除司法等公职的出售,让由国王直接付薪的新法官取代寻租者。更为公平的新所得税也变成永久性的,所依据的是对资产更为严格和诚实的评估。政府由此向卖官鬻爵的整个制度发动正面进攻,所威胁的不但是捐官者的职位,而且是其家庭储蓄的投资。

    该行动引起极大反抗,反抗者既有捐官者的既得利益团体,也有新兴的民主公众,后者奋起支持寡头反抗专制权力的扩展。传统的家族精英,把自己对改革的反抗描绘成对独裁的抵制。颇不受欢迎的路易十五突然死于 1774 年,他的继承者路易十六(大革命期间被送上了断头台),最终被迫恢复高等法院所有的权利和特权。

    第二次是在杜尔哥(Anne-Robert-Jacques Turgot)担任财务总监的 18 世纪 70 年代。他是重农主义者,对政治改革不感兴趣,但深受自由经济思想的影响,希望使法国经济更趋合理化。在这点上,他很像现代发展中国家的财政部长。那些部长自己是技术专家,信奉新自由主义,在 20 世纪 80 年代晚期和 90 年代脱颖而出。杜尔哥废除了谷物的出口限制,以及旨在稳定面包价格的其他复杂规定。他进一步颁布法令,废除享有特权的行会,将劳役转换成地主的新税。所有这些,都可被视为现代化和理性的经济改革,在某种意义上,甚至是必需的。但它们遇上狂暴的抗议,不仅来自面临面包价格上涨的城镇穷人,还来自行会和其他依赖国家租金的既得利益团体。杜尔哥倒台,第二次努力终告结束。

    法兰西王国的政治制度无法自我革新。广大的寻租联合体获得权利,并在传统和法律中寻求保护,这就是国家权力的基础。他们的产权体现在公职中,但这是非理性和紊乱的,且多数又属不义之财。等到寻租者被非人格化和任人唯才的官僚所替代,现代法国方能涌现。如果政府正面攻击这些权利,就会使自己权力所依赖的法律制度变得非法。作为现代政治制度重要组件的法治,很早就在法国获得发展,远在负责制政治机构和资本主义之前。所以,它所保护的不是现代政治制度和自由市场经济,而是传统的社会特权和国家掌控的低效经济。即使等级制度高层,在思想上接受旧制度的破产和根本改革,他们也没有力量打破寻租联合体所建立的平衡。需要更为强大的力量,即制度外非精英团体的愤怒,借用革命来将之彻底摧毁。

    抵抗法国专制主义的失败

    如果说专制主义没在法国取得完全胜利,那么抵制它的社会团体,也没能向国家强加某种形式的政治负责制。事实上,后者的失败显然更为重要,源于他们未能团结一致、采取行动(参看图 2)。反抗场所应该是省级的高等法院和国家级的三级会议。这些法庭作出抗议、埋怨、辩论和抵抗,多次迫使法国君主政体撤回它们所反对的建议。但在革命前夕的三级会议之前,高等法院从没迫使君主政体接受自己高于行政机构的宪政原则。自然有人会问:这些封建时代遗留下的传统政治会议,为何没能参照英国的方式组织集体行动?这个问题并不局限于高等法院。在中世纪的英国和法国,城市也组织成自治的政治机构。为何前者最终发展成新英格兰城镇,后者却沦作被动的行政单位?

    图 2. 法国

    未以比较方式检视其他国家之前,我们尚不能回答这些问题。但我们可建议大致的分类,以缩小对有关原因的搜索。第一种解释,要在法国社会结构中寻找答案,如果不是更早,也要追溯到封建时代。政治学家托马斯·埃特曼认为,家族专制主义在法国、西班牙和意大利南部诺曼王国的兴起,肯定与罗马帝国崩溃之后那里自上而下的国家建设有关。卡洛林帝国之外的欧洲——英国、斯堪的纳维亚和部分东欧地区——平民和贵族之间存在更多的社会团结,并发展出了强大的基层政治机构,幸存至早期现代。在拉丁语的欧洲,这些地方机构的软弱,再加上中世纪以来的频繁战争,解释了应付专制主义的集体行动的缺席。日耳曼是卡洛林帝国的一部分,发展了非家族的专制主义。它不像西班牙和法国,没有那么早就陷入地理政治的激烈竞争。等到它真正面对军事威胁,可避免他人的错误,建立更为现代的官僚机构。

    托克维尔赞成的第二种解释,将法国失败归罪于并不遥远的近代。特别是他认为,法国贵族和平民之间缺少社会团结,是君主政体的故意挑拨所致。托克维尔解释说,欧洲各地的封建制度并没有特别悬殊的差异,庄园、城市、农庄都有类似的法律和社会团结。他的第二本著作《旧制度与大革命》,在第 9 章和第 10 章中提供了很多案例。地方上的法国领主和其平民属臣,每隔两星期出席领主法庭来裁判案件,就像英国的百户法庭。14 世纪的资产阶级在省级会议和三级会议中,都扮演积极的角色,只因遭到社会差别的排斥,才在后续世纪变得消极。“无代表即不纳税”的原则,在中世纪便已得到确立,不管是法国还是英国。

    对托克维尔来说,专制主义之下的法国社会不和,植根于家族制实践本身,并不植根于古代传统。“在人与人、阶层与阶层之间制造差别的所有方法,其中流毒最甚、最容易在不平等之上再添加孤立的,就是征税不公平。”麻烦始于 14 世纪下半叶:

    我敢断言,自国王约翰被俘、查理六世疯癫而造成长期混乱、国民疲敝不堪之日起,国王便可以不经国民合作便确定普遍税则,而贵族只要自己享有免税权,就卑鄙地听凭国王向第三等级征税;从那一天起便种下了几乎全部弊病和祸害的根苗,它们折磨旧制度的余生,并最终导致它的暴毙。

    免税在所有特权中最受憎恨,随着税赋在 16 世纪和 17 世纪的稳定上涨而愈演愈烈。再加上卖官鬻爵,免税不只是某个社会阶层的特权,也变成个别家庭的特权。购买公职的个人,只要自己觉得安全,宁愿让同胞的权利受损。在英国,穷人享受免税特权。在法国,富人享受免税特权。

    不平等的征税使人堕落,不管是贵族还是资产阶级。前者丧失他们的统治权,作为补偿,愈加死守世袭的社会地位。考虑到有那么多新近买爵的平民,旧贵族规定,很多公职需要候选人显示“四名祖先”(即四名祖父母)的贵族出身。暴发户自己挤入行列后,又尝试对后来者关上大门。资产阶级通过搬到城市和谋求公职,试图将自己与农民分开。他们原可投入企业活动的精力和雄心,现在转向公共权威所推崇的地位和安全。

    这还不是解释的终止。捐官和特权也存在于英国,但英国君主政体从没像法国那么有效地破坏议会团体的团结。托克维尔自己也承认,英国贵族从一开始起,与其说是世袭的种姓制度,倒不如说是真正的执政贵族(最佳者的统治)。才华超众的英国平民加入贵族阶层,比在其他欧洲社会更为容易,原因源自历史早期,现已模糊不清。我们再一次回到支撑龟的问题。很有可能,公职家族化本身也有赖一系列先在的社会条件,甚至被有意的政府政策所鼓励。

    寻租的社会

    法兰西王国就是今天所谓寻租社会的早期原型。在这样的社会中,精英花费所有时间来攫取公职,以保证自己的租金收入——在法国的例子中,那就是可以私用的长期固定收入的法律权利。

    寻租联合体稳定吗?它持续几乎两个世纪,为法国作为主要大陆政权的崛起提供了政治基础。另一方面,我们知道冠冕堂皇的法国宫廷掩盖着严重的虚弱。最重要的是联合体之外的人们,都感受到愤怒和不公,这种感觉鲜明而强烈,最终在大革命中爆发出来。甚至联合体内的人,也不相信它的原则。如能彻底废除卖官鬻爵,君主政体会很高兴,曾在王国末期作出尝试。寻租者只顾自己,对他人存有很少同情。他们自己已深深陷入这个制度,所以无法容忍改革的想法。这是完美的集体行动难题:废除该制度,社会整体会受益匪浅;但制度参与者出于个人利益,便会阻止合作和变更。关于政治发展中法治的作用,法国的例子提供了教训。现代国家存在之前,法治便已出现于中世纪。它约束暴政,但也约束现代国家的建设。为了引进真正的现代社会,必须废除它所护卫的旧社会阶层和习俗。早期现代时期,对抗君主政体以捍卫自由,实际上是在保护传统的封建秩序和世袭的封建产权。而这封建产权,恰恰又与现代资本主义的经济秩序水火不容。政府觉得,它必须尊重传统精英的产权,既然不能直接征用,只好诉诸借贷和愈益离奇的财政花招。于是,家族统治如鱼得水。国家对法治的尊敬,反而帮助建立了高度不平等的社会,虽然尝试染指寡头精英的财富,但终告失败。所以,它只能在穷人和政治弱者身上筹集收入,从而加剧不平等,并为自己的灭亡铺平道路。 法国古老的家族制在革命中死去。不过,西班牙旧政权却创建了类似的制度,在 18 世纪躲过革命和改革,并将之输往拉丁美洲,后者不得不与这份遗产长期共处。

    第 24 章 家族化跨越大西洋

    拉丁美洲政府的特征未见于世界其他地区;早期现代的西班牙发展出与法国类似的家族专制主义;西班牙制度和其移植至新大陆殖民地

    拉丁美洲大陆在地理、种族、文化和经济上具有极大的多样性,但各国又显示出共同特征,使拉丁美洲的政府模式,与东南亚、中东和非洲迥然不同。

    到 21 世纪早期,拉丁美洲人口的大多数居住在世界银行标为“上中等收入”的国家。他们的年度人均收入在 4,000 到 12,000 美元之间,不但超过非洲的大部分国家,甚至超过快速增长的新兴国家,如印度和中国。然而,经济增长趋于跳跃式,平均来看,仍远远低于 20 世纪中期以来的东亚国家。第三波民主化以来,它在总体上成为世界上最民主的地区之一。随着民粹政府的兴起,例如在委内瑞拉,也出现了民主倒退。

    拉丁美洲在两个方面表现平平。第一是平等。该地区在收入和财富的不均上名列世界前茅。21 世纪的头十年,某些国家的不均水平略有下降,但仍相当顽固。第二是法治。举行选举,使用民主负责制来摆脱不得人心的领袖,拉丁美洲国家做得都不错,但司法的日常工作却比较落后。这体现在治安不良、犯罪率居高不下、法庭程序堵塞、脆弱或无保障的产权、很多富人和强人的胡作非为。

    这两个现象——不平等和脆弱的法治——互有关联。法治的保护在拉丁美洲通常只适用于极少数人,如大企业主管或工会成员。在秘鲁、玻利维亚和墨西哥,多达 60% 到 70% 的人口生存于所谓的非正式领域(informal sector)。这些人经常没有自己住家的房契,从事无照的商业,如果受雇,也不是工会成员,得不到正式的劳工保护。很多贫困的巴西人住在蔓延的贫民窟(favelas),政府当局袖手旁观,正义经常私下解决,有时还得靠犯罪集团。执法不公平更促进了经济不公平,穷人居住的世界基本上得不到法律保护。他们不愿投资于自己的家,因为没有明确的法律文件。他们身受犯罪之害时,也不愿信任警察。

    要发现不平等的来源很容易,其大部分都是承继下来的。很多古老精英的富有家庭是大地主,其祖先建立大庄园,又将之顺利传给后裔。很多拉丁美洲国家的财政制度,又使不平等得到进一步深化。经济合作与发展组织(Organization for Economic Cooperation and Development)的富裕国家,其财政制度主要用于从富人到穷人的再分配。它的实施可通过累进税制度(如美国),也可通过再分配政策,向低收入家庭提供资助和社会服务(如欧洲)。相比之下,拉丁美洲的财政制度只做很少的再分配,在某种情况下,再分配却给了相对优越的团体,像参加工会的公务员或大学生。正式领域的工人和各式精英,得以保住自己的福利和补助金。事实上,他们中的大多数在逃税方面相当成功。不像美国的累进个人所得税,拉丁美洲国家的税收很少来自个人。其富人擅长于隐藏自己的真正收入,或转移财产到海外,远离税务官的控制。这意味着,征税主要来自消费税、关税和增值税,落在穷人头上的便高得不成比例。

    21 世纪初,拉丁美洲政府在管理宏观经济政策上大有长进,但这只是近况。其历史的大部分时期,拉丁美洲政府因预算赤字、公共部门大量举债、通货膨胀和国债违约而声名狼藉。全洲范围的最后一次是在 20 世纪 80 年代初,墨西哥、巴西、阿根廷、秘鲁、玻利维亚和其他国家都宣告延期还债,通货膨胀随之猛升。阿根廷在 20 世纪 80 年代末经历了真正的恶性通货膨胀,年增长率超过 1,000%。它在 2001 年又一次面临财政崩溃和国债违约。

    在政治上,拉丁美洲的统治也与众不同。如上所述,该地区近来有很好的民主记录。但在 20 世纪 60 年代和 70 年代,即古巴革命之后,该洲所有大国都屈服于军事独裁。虽然民主根源可追溯到 19 世纪早期第一个独立国家,但拉丁美洲没有一个政权其民主政府的历史始终不断。除了菲德尔·卡斯特罗的古巴,该地区的独裁政府没能建成可被称为极权主义的强国,也没能掌控足够的强制力,实施真正的社会革命,如剥夺富有精英的资产和收入。该地区的威权政府从没能采取极端措施(很幸运),像苏联或中国共产党政权下那样的集体化,或中国“文化大革命”那样的大规模死亡。做不到的还有“选举式威权”(electoral authoritarian)政权,如查韦斯的委内瑞拉,它们甚至无法控制政权本身的犯罪或腐败。国家权力的伤害,大多落在非精英身上。如 20 世纪 80 年代,危地马拉政府发动可怕的剿反,以反对原住民族的游击队运动。富有的精英学会与非民主政府和平共处,避开国家权力的锋芒,经常获益于制度化的腐败。

    如果这听起来亲切,那是因为这使人忆起法兰西王国的统治模式。在拉丁美洲,这些先例来自非常相似的家族政权,即早期现代的西班牙。跟法国相似,西班牙专制国家在 1492 年之后勉强拼凑而成。由于无止境的战争,西班牙君主政体永远处于破产之中。它试图通过借贷来弥补预算赤字,但很快在债权人面前丧失信用,最终诉诸像法国一样的各式伎俩来筹集资金,包括债务一再重整、货币贬值和出售公职。事实上,这个外强中干的国家为了搜寻现金,将愈来愈多的公职,包括大部分军队,都售给私人企业家。其结果是如出一辙的内部财政,私人成功地获取了国家创造的寻租权。贪污现象比比皆是,卖官鬻爵完全腐蚀了公私之分。

    同时,托克维尔所叙述的法国因素,也在西班牙削弱对专制主义的抵抗。贵族、士绅和第三等级,本来应该团结起来抵抗王室权力,但却由于国家向个人提供参与分享租金的机会,而陷入四分五裂。中世纪时,西班牙议会(Cortes,像法国高等法院和英国议会)必须批准新税。但到后来,它中止了其制衡国家权力的功能。对公职和级别差异的耿耿于怀,又阻碍了西班牙社会采取集体行动。

    这就是移植到新世界的政治制度,借助于新西班牙(墨西哥)总督辖区(viceroyalty)和秘鲁总督辖区。此外,它治下的社会制度比欧洲的更为不平等。就像收复失地运动(Reconquista)之后的西班牙,新大陆也是军事征服得来的。但不像前摩尔人领土,新大陆有大量原住民。16 世纪 40 年代,在玻利维亚的波托西(Potosí)和墨西哥的萨卡特卡斯(Zacatecas)发现重要银矿,由此开创了庞大的采矿帝国。欧洲统治者享用开矿租金,做工的都是沦为奴隶的原住民劳力。编年史家注意到,奔赴新大陆的西班牙人,不是去做工,而是去当主人:他们“全靠印第安人的劳动、手工和汗水”。从一开始,西班牙美洲的经济道德就不同于定居新英格兰殖民地的农民小地主。如果美国政治制度都以黑奴历史悠久的南方各州为基础,其结果就是拉丁美洲的殖民政府。

    破产的西班牙国家

    随着斐迪南(Ferdinand)和伊莎贝拉(Isabella)在 1469 年的联姻,现代西班牙国家迅速出现于世界舞台。该联姻合并了阿拉贡王国和卡斯提尔王国,再加上阿拉贡属下的领土加泰罗尼亚(Catalonia)、那不勒斯、西西里岛。联袂后的君主政体在 1492 年征服摩尔人的最后堡垒格拉纳达(Granada)。同年哥伦布前往新大陆,为西班牙争得西印度群岛(the Indies)。他们的孙子查理五世添加了包括低地国家(Low Countries)和弗朗什-孔泰(Franche-Comté)的勃艮第,到 1519 年当选为神圣罗马皇帝,更把奥地利哈布斯堡王朝的土地纳入版图。

    16 世纪中期哈布斯堡帝国在欧洲的统治范围

    16 世纪 20 年代,查理五世控制当时世界上最大的帝国。帝国形成是通过王朝同盟,而不是征服,这一事实造就了财政上的捉襟见肘,从而对国家制度发展的性质发生决定性的影响。查理五世和儿子腓力二世(Philip Ⅱ)只有卡斯提尔一个安全的征税基地(包括珍贵的新大陆殖民地),不能向帝国其他地区抽取资源来应付开支。尽管如此,哈布斯堡君主政体在半岛之外担起了昂贵的担子。其中之一就是在 16 世纪发起与法国的持久战争,为了控制意大利,尤其是米兰公国。另外的是与荷兰联合省长达八十年的战争。最后,还有在日耳曼土地上发生的毁灭性的三十年战争。它由于法国首相黎塞留支持新教徒,而演变成一场泛欧大战。这段时期的战争,因开发了星状要塞(trace italienne),而变得异常昂贵。这种要塞不易遭受围攻炮火的伤害,但城防工程因此而变得格外拖延和艰辛。所有这些战争费用,卡斯提尔纳税人承担了其中的 80%。

    尽管有来自新大陆的贵金属,这些昂贵的外务负担几乎压垮了西班牙的财政制度。在 16 世纪和 17 世纪,政府费用始终数倍于美洲殖民地的汇款。金银进口,从 16 世纪 30 年代和 40 年代的每年 20 万至 30 万枚达克特,增至 16 世纪末最高的每年 220 万枚。但仍跟不上增长的债务,它在同期从 120 万涨至 600 万枚。

    16 世纪早期的西班牙国王宁愿借贷,也不愿增税,很快发现自己的信用不佳。在 16 世纪 20 年代,债务服务费用就超过税入的三分之一。到西法持久战争结束的 1560 年,它已超过税入的 100%。西班牙国王募集不到足够的资金来应付赤字,只好在 1557、1560、1575、1596、1607、1627、1647、1652、1660 和 1662 年宣布破产。这些破产并没赖掉债务,更像今天所谓的债务重整。国王以这些债务属于高利贷为由,宣布延期偿付短期和浮动的债务,然后再跟债权人开始拖延和不怀好意的谈判。债权人被迫将旧债务换成一纸新契(juro al quitar),有资格分享未来的税收,就像法国的租金。这种债券未标日期,可以转让,最初年息是 7%,但要面对利率和本金的任意调整。通过这种债券,西班牙君主政体得以染指卡斯提尔社会精英的储蓄——神职人员、贵族、士绅、官僚等。最强大的债权人往往能获得较好条款,或者不受延期偿付的限制,或者让较弱的债权人承受债务重整。维多利亚公司(Vitoria)无法收到政府付款时,便拒绝偿付自己的债权人,包括“修道士、修道院、救济院、寡妇孤儿、其他非商人”。政府发现,在政治上更难向这些精英直接征税,宁可选择不断赖账。这个传统也传至拉丁美洲的当代政府,如阿根廷。它在 2001 年的经济危机后,强迫外国投资者以及国内的养老金者和储户大量放弃手中的国债。

    无代表仍纳税

    当时很多欧洲人,尤其是受到西班牙威胁的英国人,对西班牙国王所谓的专制权力心存敬畏,相信他具有“像土耳其一样”的征税权和特权。但西班牙政权的财政基础却非常不稳定,国王对自己属下精英的权威也受法律和习俗的限制。西班牙的专制主义太弱,不敢像中国和俄罗斯那样向自己的精英发起正面进攻。它也无法像英国所做的那样开发基于情愿的合法征税制度。

    像其他欧洲国家,聚集成西班牙的各王国都有称作议会的中世纪机构。莱昂王国(Kingdom of León)的议会是欧洲最古者之一,阿拉贡王国的议会是组织最好者之一,非常强势。兼并莱昂的卡斯提尔王国议会,与英国议会或法国三级会议相比,其代表性少而限制多。它通常并不邀请作为集团的神职人员或贵族跟平民坐在一起开会。在 14 世纪,召集到议会的有一百座城镇的代表(procuradores),到 15 世纪,该数字跌至来自十八个城市的各两名代表。这三十六个人声称可代表全西班牙讲话,但实际上只是治内主要地区的寡头代表。

    议会的传统权力也受到限制。它没有立法权,因为已经留给国王。腓力二世在 1567 年颁布的新法典(Nueva Recopilacion)说,“一定要召集议会,征得代表的首肯,方能在整个王国征收税赋、捐献和其他税项”。但这指的是新设的额外税。像消费税(alcabala)、关税(regalias)、盐税及矿物开采税(quintos)的既存税,则不需要获得批准。国王也宣称,如果需求“合理”,议会无权拒绝。什么是合理,全凭国王说了算。

    国王和议会的相对权力不是凭空而来的,而是政治斗争的结果。中央政府将消费税包给包税商,但遭到各城市的反对,后者宁要由自己负责收集和分配的人头税(encabezamiento)。人头税当年是伊莎贝拉批准的,1519 年被查理五世废除,从而激发所谓的公社叛乱(comuneros)。查理五世在议会安插自己心腹,不顾反对,强行通过新税。反对原因在于他被视为外国人(出生于佛兰德斯),向卡斯提尔征收的税,又用于不涉及本地利益的外国战争。卡斯提尔所有的城镇都奋起反抗,组织民兵,并要求另组民选议会,拥戴胡安娜女王(Queen Joanna)当政。要不是公社叛乱进而反对贵族,查理五世很可能丢失对王国的控制。贵族转而向国王靠拢,查理五世最终得以重建军事控制。

    公社叛乱的结果,在某种意义上,很像一百三十年后法国的投石党叛乱。国王以决定性的军事胜利宣称他对城市的权威。由民选的独立议会充任西班牙的自由保护人,这种想法彻底寿终正寝。同时,国王意识到他需要化解不满,遂逐一收买潜在的对手。当初激发叛乱就是因为人头税的废除,他现在予以恢复,还将服务税(servicios)和普遍税(millones)的新税留在地方当局手中。他们多半是家族官僚,帮国王征税,自己可保留一部分。议会后来重开时,只提供咨询,再也没有要求或获得征税的权力。但他们的偏袒还是会影响公共财政,因为他们不愿支付财产税,所以新税都是影响穷人甚巨的商业税,从而阻碍西班牙的经济增长。

    西班牙国家的家族化始于 16 世纪 60 年代,在腓力四世(1621—1665)治下到达顶峰。跟法国一样,驱动这一进程的是西班牙的持久战争和无止境赤字。西班牙第一次破产是在 1557 年,国王要他的朋友和侍臣鲁伊·戈麦斯(Ruy Gómez)去兜售市政公职,多多益善。跟法国不同,西班牙的卖官鬻爵最初只是城市和地区的。该措施受到广泛谴责,大家知道售出的公职不能提供足够的回报,除非走歪门邪道。尽管如此,财政困境促使国家出售更多公职。到了 1650 年,据估计政府共创造三万名捐官,按人均来算是同期法国的两倍。此外,卡斯提尔领土的 30% 回归领主法庭的管辖,不是为了政治目的,而是因为君主政体急需现款。各城镇的全部权力,包括征税权和司法权,都出售给私人。在某个意义上,西班牙的国家建设开了倒车,由于财政上的短见,中央政府失去对大部分领土的控制。

    家族制也影响军事组织。西班牙经历很多世纪,方从摩尔人的手中获得解放。卡斯提尔王国和阿拉贡王国联姻合并时,军队组成所谓的步兵方阵,配备长矛,以后又改成火绳枪(arquebus,编按:中国称鸟铳或鸟枪)。如此训练和装备的西班牙军人,在科尔特斯(Cortés)和皮萨罗(Pizarro)的率领下,战胜了新大陆的本土帝国。他们也奔赴西班牙帝国的其他地区驻防,尤其是意大利北部的基地,从那里可经过所谓的西班牙路(Spanish Road)直达低地国家。卡斯提尔士兵参与了 1533 年反对奥斯曼帝国的维也纳防御战。西班牙水兵也以少量舰队参与 1535 年进攻突尼斯(Tunis)、1538 年试图攻占阿尔及尔(Algiers)、1571 年重大的勒班陀战役(Battle of Lepanto)。到了 17 世纪,募集陆海军的任务越来越多地交托给自资招募军人的私人和装备自己舰船的沿海城镇。向军队供应必需品的后勤基础,又受控于热那亚(Genoa)的金融家。这意味着,到 17 世纪中期,西班牙君主政体对属下的武装力量只行使很有限的控制。

    像其他西欧国家,法治扮演了重要角色,限制了西班牙国王在产权和公众自由方面的权力。跟北欧不同,罗马法的传统在西班牙没有完全消失。《查士丁尼法典》重现于 11 世纪之后,西班牙发展了颇为强大的民法传统,民法被视作神法和自然法的成文化。国王可颁布制定法,但新法典讲得很清楚,必须遵循既存的法律先例,与之相悖的皇家法令则没有效用。天主教会仍是教法的监护人,并经常向皇家特权挑战。与习惯权利和特权相抵触的皇家命令常常受到抵制,此举被称作“服从但不执行”(Obédezcase, pero no se cumpla)。赴新大陆的征服者(conquistadore),如果从总督辖区接到自己不喜欢的命令,经常援引此理。个人如不同意收到的皇家命令,有权向皇家会议提出申诉。后者像英国的对应物,享有西班牙的最高司法权。根据历史学家汤普森(I. A. A. Thompson),卡斯提尔的皇家会议信奉条文主义(legalism)和正当程序,反对随心所欲。它还主张相对于行政模式的司法模式,积极抵制非正常程序,始终保障既定的权利和契约义务。

    该法律传统的影响,体现在西班牙国王如何处置国内敌人和百姓产权。在西班牙,找不到秦始皇或伊凡雷帝(Ivan the Terrible)那样的帝王,他们会任意处决自己宫廷的成员,以至灭族。像同期的法国国王,西班牙君主在搜索财源中不断侵犯国人产权,但仍在现有法律的框架中运行。他们没有任意征用资产,只是重新谈判利率和本金的偿还表;不愿增税以造成对抗,只是使货币贬值,承受较高的通货膨胀。滥发货币的通货膨胀实际上也是一种税赋,但无须通过立法,对普通百姓的伤害超过精英,后者拥有的大多是实物资产,而不是货币资产。

    制度移植到新大陆

    与长期定居、拥有古代习俗的社会相比,征服社会为制度的发展和改革提供了不同的机会。征服社会可实施当代企业所戏称的“未开发地区的发展”——不受既得利益团体和习惯行为的妨碍,彻底重建制度。奥斯曼帝国在封地上安顿骑士,使之成为仅一代的贵族,因为土地是不久前抢来的。一点也不令人惊讶,西班牙征服新大陆时,随身带来了现成制度。与欧洲相比,他们面对更少既得利益者的遏制,以及不同的经济机会和自然资源。如果拉丁美洲的统治类似于西班牙王国的统治,制度移植却不一定直截了当,或刻不容缓。

    收复失地运动的最后战役之后,接踵而来的就是西班牙征服美洲:哥伦布(Christopher Columbus)目睹斐迪南和伊莎贝拉在格拉纳达凯旋入城;科尔特斯的叔叔和父亲参与反对摩尔人的战役。科尔特斯在与阿兹特克人(Aztec)打仗时,好像仍在与摩尔人作战,运用分而治之的类似策略。

    很多有关定居、殖民和政治制度的技术,直接搬自西班牙南部的殖民经验。事实上,征服者习惯把美洲本土庙宇称作“清真寺”。

    这些早期探险受到西班牙国王的资助,但主要依靠组织探险的私人企业家的能量。一边是身处新大陆的个人,另一边是尝试严控殖民地的马德里政府,两者之间的互动造就了拉丁美洲的制度发展。金银开采权利特别重要,因此颁给私人的土地不包括地下权益,全部留给国家。赴秘鲁和墨西哥的大部分移民,并不涉及金银的开采。更确切地说,他们只想充任土地和由此而生的农业资源的主人。与西班牙南部相比,他们面对全新环境,所征服的土地住有密集人口,适合不同模式的开发。

    为了奖励和控制征服者,西班牙当局发明了托管权(encomienda)制度,所赠予的不是土地,而是原住居民。如奥斯曼帝国的封地,国王的意图是防止既得利益的地方贵族兴起。托管权的赠予是有条件的,不得遗传。科尔特斯征服了阿兹特克首都特诺奇提特兰(Tenochtitlán),其幸存属下中大约有 40% 获得托管权,相当多的皮萨罗追随者在秘鲁也获得托管权。从技术角度看,托管权并不将原住民当作奴隶,但要求他们提供劳力,以换取监护者给他们的基督教教育和善待。西班牙国王以家长姿态,担忧新主人虐待原住民工人,也担忧天花和其他极易为印象第安人感染的疾病造成原住民人口急剧下降。所以,基于种族的主奴等级关系成为早期拉丁美洲制度的组成部分。

    为统治美洲殖民地,西班牙迅速建立了相对有效的现代行政机构。西班牙新大陆帝国的合法性来自教皇亚历山大六世 1493 年的诏书,它将西印度群岛(地理范围不明)永远赐给卡斯提尔和莱昂的国王。权力属于西班牙国王和马德里的西印度群岛理事会,再传至设立于墨西哥和秘鲁的总督辖区。用于新大陆的法律是卡斯提尔的,与帝国其他地区毫无关联,尽管很多西班牙征服者和新移民出生于他处。科尔特斯在 1519 年开始对墨西哥的征服,下一年就发生重大的公社叛乱。由于这场叛乱,移植到新大陆的政治制度不包括强大的议会,或其他类型的代议制度。政治独立的唯一努力来自皮萨罗的兄弟贡萨罗(Gonzalo),他尝试成为独立的秘鲁国王,在 1548 年被皇家军队打败并处决。自那以后,中央权力再也没有受到新大陆西班牙人的挑战,直到 19 世纪早期的独立战争。

    西班牙当局移植罗马法律制度,在十处建立高级法庭(audiencia),包括圣多明各、墨西哥、秘鲁、危地马拉、波哥大。派去帮助治理殖民地的行政人士中,有很多是具丰富民法经验的律师和法官。行政人员不得与本地女子结婚,或在领地上建立家庭联系,很像中国的县令或奥斯曼帝国的桑贾克贝伊。历史学家约翰·赫克斯泰布尔·艾略特(J. H. Elliott)在评论殖民地政府时写道:“如果现代国家中的‘现代性’,指的是将中央权力的指令传达到遥远地区的机构,那么西班牙美洲殖民政府要比西班牙政府,甚至其他任何早期现代的欧洲国家,更为‘现代’。”在这一方面,它与英国君主政体对北美殖民地的放任态度,形成鲜明的对比。

    大庄园的铁律

    1570 年在新大陆的西班牙行政机构,似乎比同时代的欧洲制度更为现代,但好景不长。西班牙政治制度的家族化要到 17 世纪才加大油门,卖官鬻爵之类的制度移植到新大陆也属无可避免。推动这个过程的基本动力,来自殖民地实际参与者的倡议。他们试图增加自己的租金和特权,而马德里的中央政府太软弱、太遥远,无法予以制止。

    大地产或大庄园的铁律——富人将变得更富,除非遭到国家的遏制——既适用于像中国和土耳其那样的农业社会,也适用于拉丁美洲。移民阶层强烈抵制托管权仅维持一代的规定。一点也不奇怪,他们要求将自己的权利传给孩子,便在 16 世纪 40 年代公开违抗托管权自动回归国王的法律。拥有原住民的劳力,使部分托管权主人发财致富,并开始购买大片土地。不像托管权,土地可以遗传。到 16 世纪晚期,美洲面对本土居民濒临灭绝的危机。墨西哥的人口从 2000 万跌至 160 万。这意味着许多人口稀少的土地突然进入市场。

    新兴的克里奥尔(creole,编按:指生于美洲的西班牙白种人)精英大多住在城镇,雇用劳力开发土地,自己只是缺席地主。拉丁美洲惯例的土地所有制,与其他部落社会相比,基本上没有很大差异。产权共有,并联系着扩展的血缘团体。剩下的印第安人,要么受骗售出自己的土地,要么被人赶走。共有土地变成私人地产,由于玉米和木薯等本地作物被欧洲经济作物所取代,周遭环境大变。很多农地转换成养牛牧场,对土壤肥力造成极大损害。马德里政府承诺保护原住民地主的权利,但天高皇帝远,无法控制实际局势。而地方上的西班牙当局往往与新兴的地主阶层狼狈为奸,帮助后者逃避有关规则。这就是拉丁美洲大庄园(hacienda)的起源,在后续年代里,成为不平等和持久冲突的根源。

    少量精英却拥有大片土地,在西班牙长子继承权(mayorazgo)实践中找到支持。它防止土地的分割出售和大庄园的瓦解。17 世纪见证了富人的大肆兼并,甚至是整座村庄和城镇。他们再借用长子继承权,以防遗产分配造成土地流失。长子继承权也已移植至新大陆。西班牙当局试图限制长子继承权的牌照,所依据的道理与他们要求收回托管权一样。地方上的克里奥尔或移民群体,转而使用改进继承权(mejora)。父母在遗产分配上可作偏袒,目的仍是维持宗族的实力和地位。

    强大的地主阶层出现,但无法成为凝聚的政治参与者。像法兰西王国,税务制度帮助将个别移民与国家绑在一起,破坏了他们可能建起的与非欧洲同胞的团结。构成早期移民浪潮的有大批单身男子,结果与本土女子要么结婚,要么生孩子,造就了麦士蒂索混血阶层(mestizo)。愈来愈多的黑奴运来新大陆,与白人一起生下的后代叫穆拉托(mulatto),成为又一单独阶层。区别于这两个阶层,西班牙移民的后裔克里奥尔可以享受免税。这种待遇,如在西班牙,只属于贵族和士绅(hidalgo)。就像在北美,身为白人就能获得地位,截然不同于恭恭敬敬的印第安人和黑人。

    考虑到国王在马德里的财政拮据,卖官鬻爵的欧洲制度最终越过大西洋也许是不可避免的。西班牙美洲的财政管理,在 16 世纪的大部都还不错。殖民地毕竟是贵金属的主要来源,再逐渐改为农产品。到世纪末,矿产开始下跌。随着三十年战争的进行,西班牙国王对税收的需求又有增加。君主政体防止新大陆出现贵族阶层的努力,因此而销声匿迹。艾略特如此描述这个转变:

    城市的主要家庭借助与皇家管理机构的特殊关系,聚积资源,按自己需求建立继承权,巩固对城镇和内地的掌控。他们还利用国王日益恶化的财政困境,趁机购买公职。市政会职位(regimiento)的私人交易由来已久,从 1591 年起,更变成公开出售。从 1559 年起,公证官的职位上市。到 1606 年,几乎所有地方公职都跟进买卖。腓力二世和腓力三世反对出售财政部的公职,但到 1633 年,腓力四世开始放开买卖。最终,到 17 世纪下半叶,甚至最高级职位也上了市场。从 1687 年起,就系统性地出售高级法庭的职位。

    像法国和西班牙,对商人阶层来说,购买公职成为提高社会地位的途径。他们现在把自己当作绅士(caballero),将来再传给孩子。古老家庭更可购买西班牙贵族的爵位,以保护他们相对的优越地位。17 世纪的西班牙君主敞开大门,允许数百名克里奥尔进入颇有声望的西班牙军事修道会(Military order),分封其余的为侯爵和伯爵。

    到 18 世纪,平等和人权的原则开始向新大陆殖民地渗透,但西班牙政治制度和社会制度已在拉丁美洲获得再生。讽刺的是,家族制度的移植违背了马德里殖民当局的初衷。在 16 世纪的大部分时间,他们尝试在殖民地建立更为现代的非人格化政治秩序,但这些计划均因国王日益恶化的财政而搁浅,使他们难以实施更为强硬的遥控。伊比利亚半岛上出现的公私不分,也在美洲发生。

    在法国,寻租者和捐官者攫取国家,破坏国家权力,最终造成法国大革命的社会爆炸。在西班牙,相同的政治演变造成国力的长期衰退。但类似的政治革命,从没光顾西班牙的母国或殖民地。19 世纪早期的独立战争推崇法国大革命和美国革命的自由和平等,但其领袖是克里奥尔的精英——像西蒙·玻利瓦尔(Simón Bolívar)——他们曾深深陷入旧政权的家族政制。

    法国大革命得以在公共利益和私人利益之间重新划定明确界限。它没收所有捐官者的世袭财产和特权,谁反抗就砍谁的头。新式的政治制度,其公职的招聘基于非人格化的选贤与能——中国人在将近两千年之前就已发明的——又由马背上的拿破仑带往欧洲其他国家。1806 年,他在耶拿和奥尔斯塔特(Jena-Auerstadt)两次击败普鲁士的家族化军队,从而说服新一代的改革家,像冯·施泰因男爵(Baron vom Stein)和卡尔·奥古斯特·冯·哈登贝格(Karl August von Hardenberg),普鲁士国家必须以现代原则进行重建。19 世纪的德国官僚机构,成为韦伯现代合理政府的模型。它并不来自家族化官僚,而是与传统的刻意分手。

    在拉丁美洲,独立成功之前从没发生社会革命,家族制仍然嵌入很多独立后的政权。虽然出售公职和贵族封号的做法遭到废除,正式的民主制度获得建立,但旧心态依旧长存。19 世纪拉丁美洲的新国家中,很少强大到能直面自己的精英,或加以征税,或加以抑制。那些精英渗透和控制国家本身,并找到空隙,将自己社会和政治的特权传给孩子。直到 20 世纪晚期,西班牙旧政权的财政恶习,像持续赤字、过分借贷、债务重新谈判、隐性征税的通货膨胀,仍在阿根廷、墨西哥、秘鲁、玻利维亚等国徘徊。正式的民主和宪政,并不基于社会各阶层的对抗和妥协,而是精英自上而下所施与的,如果不再符合自身利益,又可收回。这引发高度不平等和两极分化的社会在 20 世纪的涌现,并酿造了真正的社会革命力量——体现于墨西哥和古巴的革命。过去一世纪中,拉丁美洲国家定期遭遇骚乱,要求对整个社会契约进行重新谈判。

    近来出现很多新兴的社会参与者,譬如工会、有密切国际关系的商业团体、城市知识分子、试图要回殖民者所夺走的地位和权力的原住民团体。拉丁美洲政治制度的对策,不管是民主的还是威权的,都趋于让他们一步步参与国家,从而收买他们,而不是政治权力真正的重新调整。例如在阿根廷,20 世纪初的前数十年,工人阶级的兴起遇到传统地主精英的顽强抵抗。在欧洲,工人阶级加入广泛组合的社会民主党,提倡再分配政策,为现代福利国家打下基础。相比之下,代表阿根廷工人阶级的却是军事领袖胡安·庇隆(Juan Perón)。他的阿根廷正义党(Partido Justicialista),向拥护者网络提供选择性的好处。阿根廷在民粹狂热和军事独裁之间左右摇摆,并没开发出真正欧洲风格的福利国家。革命制度党(Partido Revolucionario Institucional)治下的墨西哥也有类似情形,特别优惠只给选出的组织良好的拥护者。墨西哥比阿根廷更稳定,但同样无法解决社会隔绝和贫穷的难题。所以,西班牙旧政权的家族遗产仍在 21 世纪存活。

    第 25 章 易北河以东

    匈牙利成为失败负责制的另一选择;西方废除的农奴制却在东欧冒头;宪政主义和贵族统治出现于匈牙利;自由如要兴盛,既要有强大中央国家,又要有对它的制约

    早期现代的法国和西班牙是弱的专制主义和失败负责制的案例。形成于 16 世纪和 17 世纪的国家是专制的,因为它的君主政体集中权力,无须以正式方式向议会或其他代议机构负责。其他政治和社会的参与者,如高等法院和西班牙议会,公社叛乱者和投石党人,反对国家集权,最终都被一一击败。他们失败的方式凸现了专制权力的基本弱点。国家向精英参与者提供一部分国家职能,将他们逐一收买,既削弱了他们集体行动的能力,也限制了可在他们身上行使的权威。他们的财产和特权,虽然经常受到挑战和侵蚀,但基本上完整无缺。

    相比之下,匈牙利和俄罗斯提供了两条另类发展路径,它们彼此之间不同,又有别于法国和西班牙的模式。这四个案例最后都以政治负责制的缺席而告终。在匈牙利,专制努力最初是失败的,因为强大和组织良好的贵族阶层,可以向国王权力施加宪法的限制。跟英国议会一样,匈牙利议会也迫使匈牙利国王向自己负责。但他们对负责制的追求,并不代表全体国民,只代表狭隘的寡头阶层;他们只想使用这份自由,以进一步榨取自己属下的农民,又避免向中央国家缴纳重税。其结果是愈益恶劣的农奴制得到扩张,国家趋于孱弱,最终不能抵抗土耳其。换言之,一个阶层的自由导致了其余阶层的不自由,还导致国土被强大邻国宰割。

    我们花时间来考虑匈牙利的例子,只想显示,对中央政府权力的宪法限制,并不一定能建成政治负责制。匈牙利贵族阶层所追求的,是更加彻底地剥削农民的“自由”,强大中央国家的缺席让他们得逞。大家都理解出自中央专政之手的中国式暴政,但暴政也可来自分散的寡头统治。真正的自由倾向于在社会精英参与者的均势中出现,匈牙利从没能做到这一点。

    主人和奴隶

    欧洲历史中重大谜团之一是早期现代之初,即 16 世纪和 17 世纪,主子和奴隶的关系在东西欧得到截然不同的发展。易北河以西的地区——西部日耳曼国家、低地国家、法国、英国和意大利——中世纪期间强加于农民的农奴制逐渐取消。奴隶制从未在西班牙、瑞典和挪威出现。相比之下,易北河以东的地区——波希米亚(Bohemia)、西里西亚(Silesia)、匈牙利、普鲁士、利沃尼亚(Livonia)、波兰、立陶宛和俄罗斯——先前自由的农民却在历史同期逐渐沦为农奴。

    跟封建制一样,农奴制有繁多定义。历史学家杰罗姆·布鲁姆认为,“如果一个农民受领主愿望的束缚,相互之间的关系使他低人一等,并在社会中无能为力;这种情形又被认作是领地上法律和社会结构的根本,而不是领主与他的契约或协议的结果;这样农民就是不自由的”。对农民享有司法权的是领主,而不是国家。他们的关系可由详细的惯例规则所定位,但领主可以修改规则,使之更加不利于农民。农奴仅保留少许的法律权利,不同于奴隶,但实际差别并不大。

    从 12 世纪以来,西欧农奴在不同时期和不同程度上赢得自由。他们通常先升为领主土地上的佃户,土地使用权可能限于自己的一生,也可能传给孩子。有些土地受到限制(mainmortable),只能传给与自己同住的孩子,否则就要归回领主。在 18 世纪,废除该限制成为自由改革家的重要目标之一。在其他案例中,农民直接升为地主,享有随意买卖和赠与土地的全部权利。法国大革命的前夕,法国农民已拥有土地的 50%,超过贵族的两倍。托克维尔指出,那时的领主早已停止参与对农民的统治。这就是残留的收费权利,或迫使农民使用领主的磨坊或酒坊,受到如此强烈憎恨的原因。

    在东欧发生的情形恰恰相反。中世纪时期,与西方相比,那里反而有相当充分的自由。多半因为它仍属人口稀少的边境地带,来自西欧和欧亚大陆的殖民者,可遵循自己的法律。从 15 世纪开始,整个东欧建立新规则,限制农民的迁徙。农民不得离开他耕耘的土地,否则就要面对大笔罚款的威胁。帮助潜逃农奴要受沉重处罚,城镇收容农民的能力大受限制,以防止他们逃避庄园上的义务。

    农民损失最大自由的是俄罗斯。回溯到 12 世纪的基辅罗斯(Kievan Rus),其时已有奴隶和农奴。随着 15 世纪莫斯科国家的兴起,农民的义务持续上升,活动自由也在逐渐减少,直到每年仅得一次假(前提是债务已经还清),在圣乔治节(St George’s day)的前后。到了下一世纪,连这唯一年假也被取消。俄罗斯领主对农奴的权利稳步加强,直到 18 世纪末。其时,人权原则正在整个西方传播。农奴永久绑在主人身上,没有活动权利。事实上,主人可随意调遣农奴,从一处地产迁到另一处,甚至将农奴放逐到西伯利亚,之后又任意召回。俄国统治阶层开始以手下农奴的数量来评估自己的地位。俄罗斯的贵族高层富得惊人:伯爵尼古拉·谢列梅捷沃(N. P. Sheremetov)拥有 185,610 名农奴;到他儿子手上,这个数字增至 30 多万。18 世纪末,伯爵沃龙佐夫(Vorontsov)拥有 54,703 名农奴;到 19 世纪中期农奴制废除之前,他的继承者光是男奴就有 37,702 名。

    农奴制在东西欧为何有如此迥异的发展?答案在于经济、人口和政治因素的总汇,使农奴制在西方难以维持,在东方却盈利丰厚。

    西欧人口密集,在 1300 年是东欧的三倍。随着始于 11 世纪的经济繁荣,众多人口变成城市居民。这些城市从意大利的北部辐射至佛兰德斯,其存在首先是政治软弱的产物,再就是国王发现,保护城市的独立可以挖对手大领主的墙脚。城市也受到古老封建权利的保护,罗马时代的城市传统并未消失。由于受到如此庇护,城市发展成为独立的社区,通过贸易增长来开拓自己的资源,独立于庄园经济。自由城市的存在,又使农奴制愈加难以维持。它们好像是国内的边境线,农奴可以逃到那里来赢得自由,因此有中世纪的说法,“城市空气使你自由”(Stadtluft macht frei)。相比之下,人口相对稀少的东欧城市更为小型,跟中国和中东类似,主要充任现有政治权力的行政中心。

    14 世纪的灾难性人口下降,更促使西欧趋向自由和东欧趋向非自由。重复发生的瘟疫和饥荒对西欧的打击,比对东欧更为严峻,爆发时间也更早。经济增长在 15 世纪恢复,西欧看到城镇的再生。它们提供避难所和经济机会,防止贵族进一步榨取手下的农民。事实上,为了挽留农民继续耕耘,领主必须提供更多自由,从而开启了现代的劳动市场。中央君主政体发现,保护城镇的权利可以削弱贵族对手。日益增加的需求必须依赖来自东欧和中欧的进口,包括食物和贵金属。但在易北河的东面,软弱的独立城市和国王,允许贵族依靠农民劳力来开发农产品的出口。如历史学家杰诺·苏克斯所说:“从长远看,易北河对岸的地区为西方复苏作出了贡献……‘第二次农奴制’的立法凶兆,以可怕的同步出现于勃兰登堡(1494)、波兰(1496)、波希米亚(1497)、匈牙利(1492、1498)、俄罗斯(1497)。”

    这是对东西欧农民权利不同模式的最明显解释。在西方,愈益强大的国王支持城市,其存在可以抵消贵族权力。在法国和西班牙,国王最终在长期斗争中获胜。与领主有委屈或冲突的农民和其他参与者,从精英的竞争中获得更多机会。在东欧,城市和君主权力都很弱,让贵族阶层自由支配属下的农民。这样的模式出现于匈牙利和波兰,国王由贵族阶层选出。东欧两个地区有强大国家:15 世纪之后的俄罗斯和 18 世纪之后的勃兰登堡—普鲁士。然而,在这两个案例中,国家都没有代表平民来反对贵族,反而联合贵族来反对农民和资产阶级,再招聘贵族服务以增加自己的权力。

    后来,农民在大规模行动中获得解放,例如沙皇亚历山大二世 1861 年的解放宣言。但非精英的真正自由——不仅农民还有城市中的工匠和资产阶级——还需依赖现有精英参与者的僵局或均势。非精英团体在两种情况下都受到压榨:第一,分散寡头变得太强大,那是匈牙利和波兰的情形;第二,中央政府变得太强大,那是俄罗斯的情形。

    宪政主义及其在匈牙利的衰落

    今日匈牙利只是中世纪幅员辽阔王国的缩影,它曾在不同时期囊括今日奥地利、波兰、罗马尼亚、克罗地亚、波斯尼亚、斯洛文尼亚、斯洛伐克和塞尔维亚等部分。匈牙利人是公元第一个千年末期侵犯欧洲的部落民族,由七个部落组成,其主要部落马扎尔(Megyeri)的统治者创建了阿尔帕德(Árpád)王朝。阿尔帕德大公伊斯特万(István),在 1000 年受洗为基督徒,并获加冕为匈牙利国王。他监督匈牙利皈依基督教,后来被追认为圣人,即匈牙利的守护神圣斯蒂芬。

    14 世纪初的匈牙利

    匈牙利的王朝斗争消耗了君主政体,使之变得愈益孱弱,结果就是持续的寡头统治。随着部落财产共有制的瓦解,匈牙利君主政体最初拥有甚多地产,再加上来自皇家矿产的收入,其资源可与法英国王媲美。到贝拉三世(Béla Ⅲ,1148—1196)统治的晚期,国王开始分赠皇家地产、属下各县的大片土地、关税、市场收入等。这些不是西欧那样换取服务的封建赠与,而是新兴男爵阶层手中的自由财产。贝拉三世的继承者们为权力斗争继续向贵族竞相分送皇家礼物。

    这就是 1222 年国王安德鲁二世签署金玺诏书的背景(参看第 22 章)。它实际上是限制国王权力的宪法文件,只是来自颇为不同的社会参与者。在大宪章的案例中,强大的英国男爵代表整个王国发言,迫使国王约翰限制自己享有的权力。迫使国王签署金玺诏书的不是匈牙利男爵,而是皇家和城堡要塞的军人。实际上,他们想要国王保护自己免受男爵的掌控。匈牙利教会获得格里高利之后强大罗马教皇的支持,也是要求政策变化的重要政治参与者。教会想保护自己的土地和特权不受进一步的侵蚀,也要求把穆斯林和犹太人的商人驱逐出国,让基督徒商人取而代之。金玺诏书的政治运作显示,匈牙利社会已在国家之外组织成强大的竞争团体,包括男爵或上层贵族、士绅、神职人员。

    中央权力软弱的第一后果是蒙古人对匈牙利的掠夺。后者征服俄罗斯后,在 1241 年入侵匈牙利。国王贝拉四世试图加强自己的力量,所以邀请大批异教库曼人(Cuman)进入匈牙利,反而激怒自己的贵族,后者因此拒绝参战。库曼人最后也没参战,匈牙利部队在蒂萨河之战(Battle of Mohi)中遭到彻底摧毁。蒙古人占领整个国家,得知大汗在蒙古过世消息之后,方才撤退。

    匈牙利在军事上的薄弱促进了国家建设。匈牙利不知道蒙古人何时归来,也不知道还有没有其他的东方入侵者。为未来威胁作准备,路易一世(Louis I)等的后续国王投入实质性的军事行动,以扩充对巴尔干半岛的控制,甚至抵达遥远的那不勒斯。国家还实施很多改革,以保护自己免受侵略。这包括建造大量石堡和城防,以替换顶不住蒙古进攻的木砖建筑;还以西欧模式的重甲骑士,取代匈牙利军队的轻骑兵。

    军事压力导致匈牙利国王促进士绅的利益。然而,这类军人和官员没有直接进入中央国家的架构。后来的软弱国王允许他们为强大男爵服务,促使单一贵族阶层涌现。到 14 世纪,当初促成金玺诏书的皇家和城堡要塞的军人发现,自身的利益不在国王一边,而在男爵一边。

    结果是非常软弱的国家,以及寡头地主团体所控制的强大社会。包括新近获得爵位的士绅的匈牙利贵族阶层,完全拥有自己财产,不欠国王任何服务义务。阿尔帕德朝代在 1301 年结束之前,国王虽是当选的,却只是个装饰。他手下没有重要的军队或资源,也没有强大的中央官僚机构。后继的安茹(Angevin)王朝治下,分权过程得到暂时逆转。该王朝终结于 1386 年,贵族迅速卷土重来。

    一直到 16 世纪末,莫斯科公国的创始家族,持续成功地孕育男性继承人。这大大帮助了其强大国家的兴起,再一次显示人类制度的偶然性。相比之下,匈牙利却面对重复的继承权斗争,因为它的朝代短命,很多国王又有外国出身。觊觎王位者为了争得权力,只好让贵族得到资源好处。在西吉斯蒙德(Sigismund)国王治下,很多国王城堡都落到了贵族手中。

    事实上,匈牙利贵族以议会形式将自己的权力制度化,其权力超过法国的高等法院、西班牙议会、俄罗斯的缙绅会议。远远早于约翰·洛克,贵族阶层“宣布他们有权保护王国的福祉,甚至可以反对国王,如果他试图损害共同利益”。他们还以此理由监禁一名国王。召开议会的先例可追溯到金玺诏书的时代,到 15 世纪中,国家议会每年开会,有权选择国王。不同于英国议会,匈牙利议会受大地主贵族的控制,仅仅代表贵族阶层的利益。如历史学家派尔·恩格尔(Pal Engel)所说,“新制度的本质是决策权的分享,在理论上分给王国中所有地主,在实践中只给参与政治的贵族”。早些时候,城市也可以参加议会,但随着其影响的式微,而逐渐中止。(图 3 显示中世纪匈牙利的政治权力分配。)

    图3 匈牙利

    匈牙利打造强大国家的最后机会是在 15 世纪下半叶,奥斯曼帝国已在东南方蠢蠢欲动。贵族地主约纳斯·匈雅提(Janos Hunyadi)在 1446 年被议会推选为摄政王。他通过一系列对土耳其人的军事胜利,包括 1456 年英勇的贝尔格莱德保卫战,而获得巨大威望。约纳斯儿子马蒂亚斯(Mátyás,或写作 Matthias Corvinus)在 1458 年因此而当选国王,在长达三十多年的统治期间,完成了中央国家的现代化。这包括创建国王直接控制的强悍的黑军(Black Army),以取代纪律不佳和半私人的贵族部队,后者曾是匈牙利军队的基础;发展皇家秘书处,并配以大学培养的官员,以取代家族化的贵族官员;实施全国海关和直接税赋,中央政府征税急剧上升。马蒂亚斯使用这些权力新工具,在波斯尼亚和特兰西瓦尼亚(Transylvania),取得了对土耳其、奥地利、波兰和西里西亚的重大军事胜利。

    因军事上的必需,马蒂亚斯投入其他现代化专制君主也在做的努力。不同于法国和西班牙的国王,他仍需面对强大和组织良好的贵族阶层,被迫定期向选他当国王的议会征求咨询。贵族因他的军事成功而给他活动余地,但怨恨他所强加的与日俱增的税赋,以及在决策中自身影响力的销蚀。马蒂亚斯死于 1490 年,贵族收回中央国家在前半世纪争得的大部分权利。他们愤愤不平于自己特权的损失,渴望恢复旧状。所以,男爵们将一名软弱的外国君主推上王位,删减黑军的经费,然后将之送上土耳其的战场,结果遭到歼灭。贵族阶层还以国防能力为代价,将自己的税收负担降低 70% 到 80%。

    匈牙利返回到贵族分权的均势,很快承受后果。纪律散漫的贵族部队在 1526 年的莫哈奇战役中被苏莱曼一世打败,匈牙利国王被杀。相互争执的男爵只顾反对国家,不顾国家防御;如此场景曾在蒙古入侵中发生,现又重演。匈牙利失去独立地位,一分为三,分别受奥地利哈布斯堡、奥斯曼、土耳其属国特兰西瓦尼亚的控制。

    自由和寡头政治

    我详细讨论匈牙利的例子,是为了挑明一条相对简洁的见解:强大、凝聚且武装齐全的民间社会,能抵制中央政府,但不一定能获得政治自由。即使有宪政安排,对行政权力实施严格的法律限制,也不能保障政治自由。匈牙利正好符合上述的一切,它得以削弱中央权力,以致国家都不能抵御迫在眉睫的外国敌人。波兰身处类似情境,软弱的国王受贵族会议的控制。两个世纪之后,波兰步匈牙利的后尘,也失去国家的独立地位。

    国家独立的丧失不是匈牙利失去的唯一自由。毕竟,匈牙利面对的是庞大和组织良好的土耳其帝国,后者已在欧洲的东南部兼并了多数王国和公国。即使是一个更为集权的现代国家,恐怕也承受不了土耳其的冲击。匈牙利中央国家的脆弱,使匈牙利农民和城市处于从属地位。蒙古入侵带来了动乱和人口骤降。这之后,农民基本上成为自由人,尤其是住在皇家领地上的。作为皇家“客人”,他们有固定的权利和义务,既可充任士兵,又可以缴税来替代。他们最重要的自由是流动自由,并可选举自己的法官和教士。

    但世俗和教会的地主都想把他们绑在土地上,成为可供交易的商品。皇家土地分给私人始于 13 世纪,结果使更多农民陷入地主的司法权和掌控。始于 16 世纪早期的食物涨价,促使地主增加农民所欠的领地实物税。农民被迫从事更多的劳役,从前一个世纪的每星期一天,到 1520 年的每星期三天。农民选择地方法官和教士的权利也很有限,需要接受领主的控制。此外,地主开始阻止农民在不同领地之间自由搬迁,或阻止他们移往城镇。日益恶化的境况导致了 1514 年的农民大起义,起义遭到残酷镇压。起义领袖被架在火堆上“登基”,他的同伴被迫分吃从他身上割下来的肉。这次起义发生在土耳其人入侵的前夕,为奥斯曼帝国的胜利贡献了有利条件。

    如本章开头所提到的,愈益剧烈的农奴制回潮并不局限于匈牙利。它也发生于波希米亚、波兰、普鲁士、奥地利和俄罗斯。整个地区的贵族要求增强税赋,取消自由,限制属下人口的流动。20 世纪教诲我们,把暴政视作强大中央国家的行径,但它也可来自地方上的寡头。在当代中国,侵犯农民权利、违反环保和安全法律、从事肆无忌惮的贪污,其中最恶劣的案例,多是地方党员干部所为,或是受他们庇护的私人雇主所为,与北京的中央政府无关。中央政府的责任,就是以执法来抑制寡头;有时失去自由,不是因为国家太强大,而是太软弱。第二次世界大战后的美国,吉姆·克劳法(Jim Crow law,编按:泛指 1876 年至 1965 年间美国南部各州及边境各州对有色人种[主要针对非裔美国人,但同时也包含其他族群]实行种族隔离制度的法律)和种族隔离持续二十年,其终止还要靠联邦政府在南方各州强制执行宪法。由此看来,赢得政治自由,不是国家权力受到遏制时,而是强大国家遇上同样强大社会的制衡时。

    美国创始人理解此种平衡的必需。亚历山大·汉密尔顿(Alexander Hamilton)在《联邦论》第 17 篇中,描述州政府和联邦政府之间的权利分享。他说:
    君主最终战胜属臣的案例中,其成功主要原因是属臣对其手下实施暴政。男爵,即贵族,既是君主的敌人,又是平民的压迫者。君主和平民对男爵又怕又恨,直到相互的危险和利益促成他们联合起来,那就会置贵族权力于死地。如果贵族以仁慈和公正保住其侍从和追随者的忠心耿耿,在与君主的竞争中,几乎永远是赢家,从而削弱或颠覆君主的权力。

    汉密尔顿继续说,联邦架构中的州政府就像封建社会的男爵,它们独立于中央政府,其独立程度则取决于如何对待自己的公民。强大的中央政府在本质上是不分好坏的,其对自由的最终影响,取决于它与从属权力机构的互动。这是美国历史上的真理,也在匈牙利和波兰的历史上体现出来。

    另一方面,如果强大国家与强大寡头相互勾结,自由就面临尤其严峻的威胁。这就是俄罗斯所处的情境,莫斯科公国在匈牙利国家消亡的同一世纪崛起。

    第 26 章 更完美的专制主义

    莫斯科国家的涌现和俄罗斯政治发展的特征;君主政体依赖贵族,造成俄罗斯农民逐渐沦为农奴;与欧洲其他地区相比,专制主义在俄罗斯取得更为彻底的胜利

    尤其在弗拉基米尔·普京兴起的 21 世纪初,俄罗斯联邦成为政治学家所谓的“选举式威权”政权。政府基本上是威权的,受控于政治家、官员和商业利益所组成的灰色网络,但仍然举行民主选举,使继续执政获得合法性。俄罗斯民主的质量很低。政权控制几乎所有的主要媒体,不允许对政府的批评,威胁反对派候选人,或使之丧失参选资格,还向自己的候选人和拥护者提供优惠。

    它在法治上的表现,比民主质量问题更为糟糕。揭露官方腐败或批评政府的新闻记者突然死去,没有看到找出杀手的真正努力。私人企业遇上政权内线人士的敌对接管,便会遭到政府部门的诬陷指控,从而被迫放弃资产。不夸张地说,重要官员即使参与谋杀,也可逍遥法外,无须负责。专门调查世界上腐败水平的非政府机构“透明国际”(Transparency International),将俄罗斯排在 180 个国家中的第 147 名,劣于孟加拉、利比里亚、哈萨克斯坦、菲律宾,稍稍优于叙利亚、中非共和国。

    很多人看到 21 世纪的俄罗斯和前苏联的连贯性,又因俄罗斯人经常表达对斯大林和苏联岁月的怀旧,而得到放大。布尔什维克革命后的七十年,共产主义扎根于俄罗斯,当然塑造了当代俄罗斯人的态度。

    但在共产主义的下面藏有很多龟。如果仅把当代威权主义归罪于 20 世纪的政治,首先就要解说,共产主义为何在俄罗斯和中国获得彻底的成功。当然,发挥作用的还有更古老的专制传统。布尔什维克革命之前,俄罗斯已发展了强大的中央国家,其行政权力只受法治或负责制立法的软弱约束。布尔什维克之前的俄罗斯,其取得的专制主义的性质,不同于法国或西班牙的旧政权,更接近于前现代中国或奥斯曼。个中的原因与俄罗斯的地理环境有关,地理环境对它的政治文化产生了持久影响。

    俄罗斯专制主义的来源

    公元第一个千年末期,俄罗斯国家起源于乌克兰的基辅地区,基辅曾是主要的贸易站,连接北欧和拜占庭帝国等。它的持续存在中断于 13 世纪 30 年代末,其时,拔都可汗和速不台率领的蒙古军队侵占俄罗斯,基辅遭到彻底摧毁。身为教皇使节的大主教迦儿宾(Carpini)写道,经过基辅时,“我们看到现场有无数死人的头颅和骸骨,该城曾经很大,人口众多,现在却一片荒芜,只有两百栋房子还立在那里,俘虏在从事着最为恶劣的苦役”。蒙古占领持续了将近二百五十年。很多当代俄罗斯人,被问到为何他们的国家和政治文化迥然不同于西欧时,立即把责任推到蒙古人身上。西方也有观察俄罗斯的悠久历史,如侯爵德·屈斯蒂那(de Custine)。他坚持俄罗斯应被视作“亚洲”强国,它与蒙古人、奥斯曼人、库曼人和其他亚洲人的互动,对它的成型发挥了决定性作用。由于蒙古人民共和国的出现,见解已经转变。新一轮修正主义的历史评论,以更为肯定的语气解说蒙古人的作用。

    不管怎样,蒙古入侵对俄罗斯后续的政治发展施加了重大影响,且多半是消极的。首先,它切断了俄罗斯与拜占庭和中东的贸易和思想交流,后者曾是俄罗斯宗教和文化的来源。也阻碍了它与欧洲的联系,这意味俄罗斯没像西欧那样,深入参与相关的历史进程,比如文艺复兴和宗教改革。

    其次,蒙古占领大大延误了俄罗斯的政治发展。基辅遭到彻底摧毁后,基本上需要重头开始,当代乌克兰的基辅地区曾是俄罗斯老祖宗的定居点。蒙古人抵达之前,俄罗斯国家已经开始分裂。政治权力向无数自称为王的小封地流散,又因蒙古占领而获得确认。俄罗斯的重心从黑海北部的欧洲本都地区(pontic)转向东北部,当地的莫斯科大公国崛起,成为政治舞台上的中心角色。不像持续八百年的欧洲封建主义,俄罗斯的封地仅生存两个多世纪——从 1240 年开始套上鞑靼轭(Tatar yoke)到伊凡三世当政的 16 世纪中期——很快,小封地的领主必须面对日益强盛的中央君主政体。

    最后,蒙古人破坏了继承于拜占庭的法律传统,使政治生活变得更为恶劣、更为残忍。与欧洲的基督徒君主相比,蒙古统治者把自己看作纯粹的掠夺者,其目的就是从所控制的居民身上榨取资源。他们仍处在部落层次,从未发展出政治制度或正义理论,可以带给所征服的居民。他们不像传统农业国家的统治者,并不矫饰自己是为被统治者而存在的。他们只有很短的时间表,愿意以不可持续的方式大规模榨取资源。他们严惩任何抵抗力量,为了杀鸡儆猴,甚至愿意处死整座城镇的居民。他们招募俄罗斯的领主成为自己的征税官,包括将来创建俄罗斯国家的莫斯科大公。他们以自己的掠夺策略,训练数代的俄罗斯领袖。事实上,他们通过联姻而融入俄罗斯人口的基因。

    俄罗斯的兴起

    像我们所讨论的几乎所有政治体,发动战争的需要促动了俄罗斯的国家建设。像基于法兰西岛的卡佩家族,莫斯科的留里克王朝(Rurik)从自己的中心位置向外扩展,征服和吸收其他封地公国、蒙古和立陶宛等的外国军队。伊凡三世(1440—1505)治下的国家成为重要力量,兼并诺夫哥罗德和特维尔(Tver)。他给自己冠上全俄罗斯大公的称号,莫斯科公国从伊凡一世(1288—1340)的六百平方英里,到瓦西里二世(1415—1462)的一万两千平方英里,再到他自己统治结束时的五万五千平方英里。

    封地期间的俄罗斯国家,其形成非常类似于中国和奥斯曼的国家形成过程。像中国西周的创始朝代,基辅贵族家庭的后裔分布于俄罗斯各地,尤其是在蒙古入侵之后。他们组建一系列小公国,相当于俄罗斯版本的封建主义。每位领主控制自己的领地、经济资源和军队,并与自由贵族(boyar)签订契约以获服务。

    莫斯科国家的权力基于服役贵族(middle service class),由骑兵组成,报酬不是现金而是封地(pomest’ia),每块封地上约有五或六户农家。由于地多人少,控制人口比控制土地更为重要。骑兵不是常备军,受领主召集而提供服务,军事季节结束后,再回到自己封地。俄罗斯和奥斯曼的封地非常相像,这可能不是意外。其时,俄罗斯与土耳其的接触愈益增多。像奥斯曼的骑士,俄罗斯部队的核心成员,如果身处欧洲其他地区,便被称作低层士绅,其土地和资源全部来自国家。俄罗斯骑兵配置相对轻便的装备,主要倚靠迂回战术。这很像奥斯曼骑兵,而迥然不同于西欧的重甲骑士。莫斯科政权组建此种部队的动机,也与奥斯曼相似。这个军事组织的地位全靠国家,不会要求现金军饷。它可被用来抵消领主和贵族的势力,后者拥有自己的土地和资源。

    这是俄罗斯和匈牙利的重大差异。在俄罗斯,服役贵族接受招募,直接为莫斯科国家服务。在匈牙利,它变成贵族阶层的一部分。这不同选择也许足以决定后来的分道扬镳,一个社会走上中央集权,另一个趋于权力下放。与西欧社会相比,俄罗斯社会对莫斯科的国家建设设置了较少障碍,原因之一就是:服役贵族直接从属于国家,没有接受领土贵族的再次分封。

    俄罗斯版本的封建主义历史太短,尚没达到根深蒂固的程度,这是俄罗斯贵族无法限制中央国家权力的另一原因。俄罗斯是否经历过封建主义?俄国史学界对此有长期争论,因为俄罗斯的封地从没获得西欧对应物所享受的自治权。俄罗斯的领主和较低层次的贵族没有时间建造城堡,俄罗斯的平原和大草原,将优势赋予快速移动的进攻军队,而不是防御军队。

    莫斯科国家颁布门第选官制(mestnichestvo,编按[下同]:俄语为Местничество),故意在贵族中播种不和。它将贵族家庭以及家庭内的个人划出等级。像法国和西班牙的爵位和特权的出售,门第选官制也让贵族互相竞争,从而破坏了贵族内部的凝聚力。所以,俄罗斯贵族作为一个阶层,其内部团结很差,几乎没有发展出联合抵抗中央国家的机构。他们以内部的小争执而著称,经常自我损耗。

    在俄罗斯,法治一开始就比西欧薄弱。天主教会在领土主权国家之外建立教会法规,但俄罗斯东正教从没扮演过类似角色。被俄罗斯当作模型的拜占庭帝国,其教会和国家的关系是政教合一。东罗马皇帝委任君士坦丁堡的牧首(Patriarch,最高主教),裁决教会中的教条争议。格里高利改革和叙任权斗争的相似情形,从没在拜占庭的世界发生。东正教没有发展出可颁布法律的国家般的中央机构,也没像天主教会一样,将牧首法令编纂成统一的教会法规。当蒙古入侵切断了俄罗斯教会与拜占庭的交往时,它在莫斯科国家身上找到新监护人。教会和国家的利益相互吻合,后者提供赞助和权力,前者鼓吹后者作为“第三罗马”的合法性。大牧首尼康(Nikon)在 1666 年遭到开除,之后的俄罗斯教会彻底变成政教合一。到 1721 年,彼得大帝颁布《宗教事务管理章程》,干脆取消牧首职位,取而代之的是沙皇指定的神圣宗教会议(Holy Synod)。

    如果怀疑法治保护西欧精英的重要性,我们只要想想所谓的沙皇特辖制(oprichnina,俄语опричнина)。那是俄罗斯历史上的黑暗年代,时值伊凡四世(1530—1584)统治的后半期,在西欧历史中找不到对应物。他被后人称作伊凡雷帝(Ivan Grozny,俄语Иван Грозный),既可译作恐怖伊凡,也可译作伊凡大帝。他心爱的年轻妻子阿纳斯塔西娅(Anastasia,俄语Анастасия)死于 1560 年,使他对周遭的宫廷官员疑鬼疑神。他突然离开莫斯科,至 1565 年方才返回,要求贵族让他建立所谓的非常行政区,并让他享有处理恶人和叛徒的唯一大权。一旦获得同意,他就发起恐怖统治,反过来攻击贵族。愈来愈多的贵族与家人一起遭到逮捕、折磨、处决。伊凡创建了所谓的特辖军(oprichniki,俄语опричники),身穿黑衣,骑黑马,成为他法外统治的特殊工具。特辖区内的私人财产遭到国家没收。之后,它又得到扩张,最后面积相当于全国的一半。估计有四千至一万的贵族被杀,古老领主家庭中存活的仅得九家,大部分土地都被充公。伊凡四世好像完全失去情绪平衡,一度致命地伤害了自己的儿子兼继承人。他死后,俄罗斯只能说仍然心有余悸。很难说,它不是斯大林在 20 世纪 30 年代中后期实施党内清洗的先例。其时,苏共总书记怀疑身边处处有阴谋诡计,杀光了当年与其携手闹革命的老共产党员。它也使人不得不忆起清洗贵族精英的中国统治者,像武则天。

    从俄罗斯政治发展来看,使人迷惑的是贵族为何授予伊凡这些特权,祸及自身。有人认为,他们不敢想象自己可以独自当政,也害怕君主不掌大权的后果。在伊凡四世奇怪消失于莫斯科的时候,有人提出如此可能。俄罗斯人对软弱国家会造成的混乱和崩溃心怀恐惧,这并不荒谬。他儿子费奥多(Feodor,俄语Фёдор)去世于 1598 年,没有留下子女,留里克王朝因此而告终,开始了所谓的混乱时期。莫斯科国家饱受饥荒和外国侵略的困扰,因一系列“伪德米特里”(false Dmitri,俄语Лжедмитрий)竞争君位而分崩离析。莫斯科君主创造的国家机器不够强大,承受不了漫长的继承权斗争。即使君主权力崩溃,也不能回归到分权的封建统治。结果只是失序的暴力和外国的霸权,直到罗曼诺夫王朝在 1613 年涌现。

    自由选择

    俄罗斯专制主义的兴起并不由俄罗斯文化内在逻辑所命中注定。事实上,俄罗斯历史上有西方的共和或代议制度的先例,为其他可能性提供视野。西北部的城市诺夫哥罗德从没被蒙古人征服,在早期封地时期,一直是颇具活力的商业共和国。它与波罗的海贸易紧密相连,发挥门户作用,让欧洲货物进入俄罗斯。诺夫哥罗德的君主统领军队,但在执政时受市民大会(veche,俄语вече)的限制。市民大会从城市贵族中选出市长,所有自由公民都可投票。它还控制税赋、法律和外交,甚至可以解雇君主。城市内,社区在料理自己事务上行使很大自治权。诺夫哥罗德最终被伊凡三世征服,在 1478 年成为莫斯科国家的一部分。伊凡三世废除诺夫哥罗德所有的共和机构,将很多当地领袖当作叛徒处死,并将大量贵族和商人家庭驱逐出境。

    第二个代议机构是缙绅会议,由贵族组成,近似于法国三级会议和西班牙议会。它的开会并无定律,但在适当时刻扮演重要角色。它批准了伊凡四世的数项倡议,例如他向利沃尼亚的开战。其他会期批准了伊凡四世儿子费奥多在 1584 年的继位,并在 1598 年向摄政王鲍里斯·戈杜诺夫(Boris Godunov,俄语Борис Годунов)提供皇位。它最重要的举动是在 1613 年核准米哈伊尔·罗曼诺夫(Mikhail Romanov,俄语Михаи́л Фёдорович Рома́нов)成为沙皇,从而终止混乱时期。该议会在 17 世纪还继续开会,批准了多次宣战和税赋,直到彼得大帝使之边缘化。自那以后,代议机构在俄罗斯销声匿迹,直到 1906 年日俄战争之后召开的立法机构杜马(Duma,俄语Дума)。

    抵制权力的最后潜在来源是俄罗斯教会。如上所述,评论家经常谴责俄罗斯教会是莫斯科统治者的驯服工具,不管是沙皇时期,还是今天。但在大牧首尼康被开除之前的时期,仍有可能走上不同途径。俄罗斯东正教曾拥有近乎四分之一的俄罗斯土地,由此而享受自治。自圣谢尔盖(St. Sergius)改革以来,俄罗斯就有优良的修道院传统,但经常引起世俗统治者的怀疑。至少在佛罗伦萨大公会议(Florentine Union)触发危机之前,莫斯科的都主教(Metropolitan)都由君士坦丁堡的最高主教指派,俄罗斯君主无从置喙,之后才由俄罗斯主教会议选出。也有个别教会领袖不畏暴政,如莫斯科都主教菲利普(Philip),因为谴责伊凡四世,而被赶出自己的教区,最终竟被勒死。

    这些案例表明,俄罗斯传统并不是暴政不断,自由选择时有发芽开花。共产主义倒台后重现创造更为自由社会的诺言,但其兑现恐怕还在将来。

    农奴所有者结成卡特尔(Cartel)

    17 世纪末的俄罗斯国家已有中央集权,但还比不上欧洲对手。没有整齐的中央官僚机构,只有一系列所谓的衙门(prikazy,俄语Приказы),其职责既有重叠,又不一致,来自沙皇繁杂的指令(prikaz,俄语Приказ)。不同于法国的总督制度,从地方到中央的政府任命,都出自沙皇,被称为“给食”(kormienie,俄语Кормление),这名字就表明制度背后的监督和掠夺意味。早在 16 世纪既已存在的地方自治政府,在伊凡四世的治下遭到废除,国家倚靠军事总督制度(voevody,俄语Воевода)来实施行政命令。军队也同样原始,仍然基于骑兵,只在首都组织新型步兵,但不一定靠得住。

    俄罗斯国家建设的下一轮是在彼得大帝(1672—1725)治下。他迁都圣彼得堡,又从欧洲引进一大批新制度。彼得是个巨人,不论是体形,还是领导才能,单枪匹马尽力推行自上而下的社会改造。战争再次成为国家建设的主要动力,尤其是对抗瑞典的北方战争(Great Northern War)。彼得在 1700 年纳尔瓦战役中,败于瑞典皇帝查理十二世,遂开始对当时欧洲边界的俄军进行彻底重整,并从零开始打造海军(从最初的单船只舰发展到最终能够战胜瑞典海军的八百艘)。他也推行俄罗斯中央政府的现代化,废除老式衙门,换成模拟瑞典的参政院(a system of colleges)。参政院以技术专长为基础——大多来自外国——在辩论和执行政策方面发挥了特殊功能。

    15 世纪和 16 世纪国家建设的第一期,主要是动员服役贵族,这分裂了贵族阶层,确保他们大部分直接依赖国家。彼得甚至更进一步,征召整个贵族阶层参与国家服务。贵族入伍先当小厮,其提升全凭现代的择优标准,一生必须附属于自己的团队。所以,与欧洲相比,俄罗斯贵族服务的观念更为持久,虽然实施方式大相径庭。为国家服务的贵族随身不带自己的属臣和侍从,却在中央等级机构中获得职位。这导致俄罗斯社会的总体军事化,在道德上重视责任、荣誉、等级、服从。

    支撑俄罗斯专制主义的内部政治力量,其平衡可用图 4 来说明:

    图4 俄罗斯

    彼得大帝在 1722 年以官秩表(Table of Ranks)替换古老的门第选官制。每个国民都有自己的法定等级,以及相应的特权和义务。非贵族人员一旦升到足够的等级,不管是在官僚机构还是在军队,就可自动进入世袭贵族的行列。新鲜血液进入贵族,这很有必要,因为国家需要大批公职人员。官秩表确定贵族的集团身份,并加强其采取集体行动的能力。但它从不将自己视作君主政体的对手,因为其利益与国家紧密相连。

    贵族提供服务,以换取免税、土地人口专有权和进一步榨取农奴的机会。农奴在君主赠与贵族的封地上首次出现,这显示农民条件的恶化和贵族服务阶层的兴起,以及两者的密切相连。这些封地倾向于在南方、东南和西方,都是国家夺之于邻国的新土地。辽阔的北方领土上没有战事,它的农民处境要好得多——基本上只是国家的农民,只有欠国家的义务,不欠私人地主的。

    整个 16 世纪和 17 世纪,农民的税赋日益上涨,而更为重要的法律限制则针对农民的行动自由。根据古老的传统,农民有权离去,但在后来受到愈来愈多的限制,最后竟被全部废除。限制农民的迁徙是至关重要的,它直接影响俄罗斯贵族的团结,以及贵族与君主政体的同盟。

    讽刺的是,此中原因与俄罗斯的地理有关。它缺乏地理界限,非常不适于奴隶制的发展。俄罗斯只有很少阻挡迁徙的自然屏障,如无法通行的大河或山脉。国家因扩张而不断拉长边境线,尤其是在南方和东南方。乌克兰南部和顿河盆地(Don Basin)的自由哥萨克社区,据说由逃走的农奴所建。像蓄奴农地与开放边境相邻的美国南方,只有农奴主之间达成牢固协议,以限制农奴行动、送回逃奴、既严罚逃奴又严罚违规地主,农奴制度方能取得成功。如有主要参与者不予合作——或是部分地主,或是自由城市,或是向逃奴提供保护的国王——整个制度就会崩溃。考虑到这段时期劳力缺乏,任何地主如果退出联盟,以较好条件将农奴吸引到自己领土,便会获取丰厚的利润。所以,必须以显著的地位特权和严守反迁徙规则的承诺,来加强地主卡特尔的团结。俄罗斯专制主义的基础,就是君主和上下层贵族的同盟。他们都答应遵循有关规则,牺牲品就是农民。

    维持农奴卡特尔的需要,解释了俄罗斯政治发展的众多现象。自己没有农奴的个人,欲自由拥有土地,会受到政府愈来愈多的限制。要想得到土地,必须先变成贵族。一旦成为贵族,便能自动获得农奴,以及维持这一制度的义务。此举遏制了资产阶级在独立商业城市的成长。西方的城市在促进农民自由方面扮演了重要角色。因此,在俄罗斯率先发展资本主义经济的是贵族,而不是独立的资产阶级。维持卡特尔的需要,也解释了俄罗斯向南方和东南方的扩张。边境旁边的自由哥萨克社区的存在,无疑是持续的诱惑,也是逃跑农民的良机,必须遭到镇压。

    彼得大帝之后

    彼得大帝是推行现代化的伟大人物,在很多方面促使俄罗斯“欧洲化”,并使之成为欧洲政坛中的主要角色。但他从上到下的强行改革,遇上了俄罗斯社会本质上的局限。例如,他试图创立省和地区的两级制度,以及新式的市政规则,以改造省、市和地方的政府,到最后都不了了之。用当代发展中国家的字眼来说,原因在于“能力缺乏”。那是指,地方上受过训练的行政人员不够,现存的又缺乏热情。中央颁布的法令得不到实施,政权也无法铲除既有的腐败和独断专行。

    彼得大帝在军队和中央官僚机构中,推行选贤与能的现代晋升制度。他死后,便难以为继。他的很多革新全靠自己的监督和精力,例如,他曾旁听政府招聘干部的考试。他去世后,宫廷内外的强大家族使行政机构重趋家族化。他的继位者软弱。想要晋升到文武官职的最高等级,全得倚靠豪门巨室的赞助,像多尔戈鲁科夫(Dolgorukov,俄语Долгоруков)、拉雷斯金(Naryshkin,俄语Нарышкин)、戈利岑(Golitsyn,俄语Голицын)、萨尔蒂科夫(Saltykov,俄语Салтыков)。日益掌控国家政策的贵族在 1762 年废除自己的服务义务,并获得更多针对农民的权利,如随意迁徙和驱逐农民的权利。豪门家庭及其赞助网络的相互竞争,甚至延伸到军队,战斗力因此而受损。

    贵族家庭的兴起分散了俄罗斯制度的权力,并软化伊凡四世和彼得大帝所遗留下的专制传统,再加上法国文化在俄罗斯精英中所享有的主导地位,这一切使托尔斯泰《战争与和平》所描述的 19 世纪早期的贵族社会,看来酷像欧洲的贵族社会。如在两百年之前,这是不可想象的。但这种权力分散与西方现代行政国家的兴起,不可混为一谈。历史学家约翰·勒多内(John LeDonne)说:“全国范围家族和依附者的网络,无不在嘲弄立法文件所建立的严格等级制度。此类立法努力,一直在寻找行政秩序和‘规范化’。它解释了为何俄罗斯政府,比任何其他政府都更是人的政府,而不是法的政府。”

    专制主义完成

    有关俄罗斯的解说,以 18 世纪晚期稳固专制国家的出现而告结束。显而易见,之后又有很多新的发展,包括 19 世纪的自由派实验和 20 世纪极权国家的兴起。到法国大革命时,俄罗斯统治的特征已昭然若揭,它既不同于法国和西班牙的弱的专制主义,也不同于中国和奥斯曼的国家。

    在若干方面,俄罗斯的国家比法国或西班牙更为强大。至少在与精英打交道时,后者受到约束,必须尊重法治,这在俄罗斯却是闻所未闻的。法国和西班牙的政府,以债务违约和货币操纵来蚕食产权,甚至捏造指控,通过法律程序来勒索钱财。但至少,他们觉得必须运用现有的法律机构。相比之下,俄罗斯政府无需法律借口来没收私人财产,逼迫贵族为政府服务,处置敌人和叛徒时,漠视正当的法律程序。伊凡四世的特辖制在某种意义上只是意外,之后也没有相似的复制,直到 20 世纪的共产主义政府。但它的曾经发生,为后来俄罗斯统治者创立了重要的先例。他们很清楚,他们手中针对精英的极端措施是西方主权国家所没有的。在这一方面,俄罗斯政府更接近帝制中国,更远离西方。俄罗斯政府发展了类似奥斯曼的专制制度,譬如作为骑兵报酬的封地。奥斯曼和马穆鲁克,即使在最兴盛时期,也比俄罗斯统治者更加尊重法治。

    另一方面,俄罗斯的专制主义更为家族化,远远超过中国或奥斯曼的版本。如我们所见,中国人发明了现代官僚机构和非人格化的中央统治。大体上,中国历史是国家与家族制复辟的斗争史。早在中国统一之前的公元前 3 世纪,非人格化和选贤与能的政府的理想就已问世。奥斯曼的军事奴役制建立任人唯才的行政制度,不受家族影响,在其全盛时期,不乏来访欧洲人的赞美。彼得大帝想在俄罗斯创建同样制度,只取得部分的成功。俄罗斯的家族力量随后轻易夺回政府,以不透明的方式在幕后制定政策。

    当代俄罗斯,与彼得大帝死后的百年社会有惊人的相似。尽管有现代的正式宪法和书面法律,俄罗斯国家仍受灰色精英网络的掌控,很像曾经控制帝制俄罗斯的萨尔蒂科夫和拉雷斯金家族。这些精英行使权力的方式,不是法律或规范程序所能定义的。但与中国不同的是,俄罗斯最高精英没有对国民负责的类似道德感。在中国,政治等级越高,政府质量越有改进。但在俄罗斯,它却变得越糟。当代精英愿意借用民族主义,使自己的权力合法化,但到最后,好像仍在为己着想。 俄罗斯没有陷入历史的泥潭。伊凡四世、彼得大帝、斯大林开下专制先例,但接踵而至的却是自由化。今日社会已被动员起来,其方式不同于旧政权时期,资本主义的引进允许精英的组成定期更换。今日腐败和紊乱的选举式威权主义,不再是俄罗斯人曾承受的残酷独裁。俄罗斯历史提供很多通向较多自由的其他选择,可作为将来改革的先例。

    第 27 章 征税和代表权

    失败的负责制案例,帮助理解议会制度在英国的发展;政治团结的来源,其在诺曼征服之前英国的扎根;英国制度合法化中的法律作用;光荣革命所真正实现的

    政治负责制如何发展的最后案例是英国,其政治发展的三大组件——国家、法治和政治负责制——都成功获得了制度化。我最后审视英国是为了避开辉格史观的缺陷。关于英国代议政府的兴起,已有很多论述认为,它是可溯源自古代雅典的西方发展模式的逻辑的、必然的或无可避免的结果。但这些论述很少互作比较,所引证的一系列因果事件,又忽略了不易察觉或更为遥远的因素。而在事实上,那些因素却在扮演重要角色。换言之,它们只看到顶部的龟,而忽视了蛰伏于下的龟。

    我们得以避免这个问题,因为我们已讨论四个负责制政府无法出现的欧洲国家——如果把所讨论过的非西方案例也包括在内,那就不止四个。我们观察英国与其他案例的异同,将更好地了解促使负责制发展的组合因素。

    跟法国、西班牙、匈牙利和俄罗斯一样,英国首先是部落社会,然后是封建社会,它的中央集权始于 16 世纪晚期和 17 世纪早期。这些社会的精英都组成政治团体——英国议会、法国高等法院、西班牙议会、匈牙利议会、俄罗斯缙绅会议——推行现代化的君主要向它们寻求支持和合法性。在法国、西班牙和俄罗斯,这些团体没能凝聚成强大的制度化参与者,没能对抗中央国家,没能取得宪政上的妥协,没能获得国王对自己的负责。相比之下,英国议会却是强大而凝聚的。

    具体地说,不同于主要代表卡斯提尔城市的西班牙议会,或贵族掌控的法国和俄罗斯的政治团体,英国议会不仅代表贵族和神职人员(世俗和精神的领主),而且代表广泛的士绅、市民和业主。这些平民是议会的灵魂和动力。英国议会强大到成功击败国王的诸多计划,包括增税、组建新军、躲避普通法。它还创建自己的军队,在内战中打败国王,将之处死,迫使继任君主詹姆士二世退位,拥戴来自欧洲大陆奥兰治的威廉(William of Orange)。到最后,统治英国的不是欧洲大陆那样的专制君主,而是正式承认议会负责制原则的立宪君主。英国议会获得如此进展,而欧洲其他地区的议会却四分五裂和软弱无能,或被拉拢收买,或主动支持君主专制,直到法国大革命前夕。有人自然要问,这是为什么?

    英国还在另一方面为当代发展中国家树立先例。17 世纪初,早期斯图亚特治下的英国不但日益专制,而且非常腐败。渗透法国和西班牙政府的实践,如卖官鬻爵和家族攫权,同样也发生在英国身上,只是在规模上还算适中。但到该世纪末,英国的公共腐败问题,即使没有得到解决,至少已有很大收敛。政治制度得以废除公职买卖,建立现代官僚机构,提升国家整体的力量和效率。这虽然没有彻底解决英国公共生活中的腐败问题,但阻止国家陷入最终摧毁法兰西王国式的腐朽泥潭。今天,面对普遍公共腐败的发展中国家,可以借鉴英国政治制度的应对方法。

    英国政治团结的根源

    我们看到,法国、西班牙和俄罗斯的君主政体使用种种策略,在贵族、士绅和资产阶级当中,收买、胁迫、化解潜在的对手。英国君主作出同样的尝试,但议会所代表的社会阶层团结起来,抵制并最终打败国王。问题在于,这团结来自何处。

    答案至少有三,有的已在以前章节中获得详细解释。第一,很早以来,英国社会团结的政治性大于它的社会性。第二,普通法和英国法律制度的合法性获得广泛认同,业主保卫自己财产的意愿强烈。最后,此时的宗教,虽然在英国人中间造成痛苦的分裂,却赋予议会超越的使命感。如果与国王的争执只是为了财产和资源,该使命感便不复存在。

    地方政府和团结

    我们在第 16 章中提到,欧洲的部落社会组织因基督教的影响而趋于崩溃,远远早于现代国家建设。英国在这一过程中,比任何其他地方走得都要快。6 世纪晚期坎特伯雷的圣奥古斯丁传教开始,更加个人主义的社区便取代了扩展的亲戚关系。(这并不适用于爱尔兰人、威尔士人和苏格兰人。他们的部落关系——例如高地氏族——持续到很晚的历史后期。)邻居之间毫无关联,这样的社区在诺曼入侵之前的盎格鲁—萨克逊时期已属司空见惯,使当地农业社会截然不同于东欧,更不同于中国和印度。

    基于亲戚关系的社会组织虽然孱弱,但并不排除社会团结。紧密相连的亲戚团体,可在团体范围内提供集体行动,但遇上宗族或部落之外的合作,又会变成障碍。基于亲戚关系的社会,其集体行动的范围非常狭窄,所以需要政治制度。

    英国社会早期的个人主义,并不意味社会团结的消失,只是团结形式是政治性的,而不是社会性的。诺曼征服之前,英国分成相对统一的各郡(shires),它们可能曾是独立的小王国,现已聚集成更大的英格兰王国。主持郡务的是称作长老(ealdorman)的古老官员,其职位是世袭的。(它的词根来自丹麦,现在仍存活于美国的地方政治,市府参事即写作 alderman。)但实际权力渐渐落到皇家官员手中,即郡治安官(shire reeve,or sheriff),后者受国王的指派,代表皇家权力。每半年,他组织一次郡会议,该区所有自由民(后来变成自由地主)必须出席。诺曼征服并没摧毁该统治制度,只是将郡改为县,以符合欧洲大陆法兰克人的习惯。然而,治安官的权力大增,取代了世袭的长老。郡会议演变成县法庭,用弗雷德里克·梅特兰的话说:“国王的大领主必须在法律面前人人平等的基础上,与自己的属臣相聚。租户可能与自己领主坐在一起,俨然像个同等伙伴。”

    今天,这些制度的详情好像只有考古价值,但在解释议会作为政治制度的演变时却非常重要。欧洲大陆封建主义的性质,尤其是在卡洛林帝国地区,看来非常不同。欧洲领主贵族享有对司法权的控制,其程度远远超过英国。在英国,国王享有优势。诺曼征服之后,国王利用县法庭来监察封建法庭。如个人觉得在领主那里得不到正义,就可向治安官提出上诉,要求将诉讼移至县法庭。后来,国王法庭(详见第 17 章)取代县法庭成为重要案件的预审庭。后者只得主持较不重要的诉讼,譬如金额不超过四十先令的土地纠纷。与欧洲大陆相比,英国的非精英更有机会运用这些机构。

    县法庭开始失去其司法功能的同时,却获得新的政治功能,成为更广泛政治制度的代议场所。正如梅特兰所说:

    到 13 世纪中期,我们发现,民选代表被召集来参加全国会议,或叫议会(parliament)。他们是县法庭的代表,不是无组织群体的代表。我们几乎可称他们为集团代表。理论上,整个县都由县法庭代表……国王的巡回法官不时来访,整个县的地主团体(totus comitatus),前来晋见,报告上次来访之后的所作所为。县法庭可作出裁决,也可作证,如有犯错,还会被罚款。

    所以,县法庭是奇怪的组织,既自上而下,又自下而上。它由国王所创建,受由国王任命并对国王负责的治安官统辖。但它又以全体地主的广泛参与为基础,不受世袭等级和封建地位的限制。治安官反过来又受地方民选督察官(coroner)的制衡,民选督察官应代表县民利益的观念因此而获得合法性。既有对国王的向上负责,又有对县民的向下负责,两者日益趋于平衡。

    郡或县下面还有更小的地方行政单位,叫作百户(hundreds),相当于卡洛林帝国的乡(centenae)。(这些行政单位也传到美国。)百户区有自己的聚会,叫作百户法庭,开始在司法方面扮演日益重要的角色。百户区由治安官任命的巡警所治理,一起负责警察功能,如抓捕罪犯。百户也是英国陪审团制度的基础,需要提供审判刑事案件的十二名陪审员。

    因此,甚至在诺曼征服之前,整个英国社会已组建高度参与的各式政治单位,一直抵达村庄层次。这不是地方社会组织参政的基层现象,而是全国政府邀请地方上的参与,构建地方上的生活,扎根成为社区的来源。

    普通法和法律机构的作用

    值得注意的是,后来英国政治代议制度的构成部件,一开始只是司法机构,像县法庭和百户法庭。英国历史上,法治的出现远早于政治负责制,后者又始终与保护法律密切相联。英国司法的参与性质,加上普通法因应地方需求以定规则的特征,帮助造就了法律属于大家的感情,其强烈程度远远超过其他欧洲社会。公共负责制首先意味着对法律的服从,尽管那时的法律,不论是法官作出的,还是颁成文本的,都没有走过民主政治的程序。

    法治的主要功能之一是保护产权。在这一点上,英国普通法比其他地方的法律更为行之有效。正如哈耶克所说的,原因之一在于普通法是分散决策的产物,能尽量适应各地的情形和知识。不过吊诡的是,原因之二在于国王愿意在产权上支持非精英对贵族的反抗,这便需要强大的中央国家。在英国,原告早就可以将产权诉讼移至国王法庭,如金额不够,仍可移至县法庭或百户法庭。中世纪有不少复杂的传统产权,如佃权(copyhold)。土地在技术上是领主财产,但佃户(villein)又可将之传给儿子或亲戚。国王法庭倾向于反对领主,保护佃权所有人的权利,以致这种财产渐渐进化成真正的私人财产。

    县和百户层次的法庭众多,国王在地方产权争执中愿意充任中立仲裁人,这一切大大增强了英国产权的合法性。到 15 世纪,英国司法制度的独立性和获得认可的中立性,允许它扮演日益重要的角色。它变成真正的“第三分支”,有资格裁决宪法问题,如议会废除专利特许证的权利。有评论家指出,“很难想象,此类问题能在中世纪欧洲的其他地方获得解决——并且是完全独立的解决——全靠法官以专业语言作出讨论,而不是政治上的樽俎折冲,或有关团体的胁迫。”今天的发展中国家,仍缺乏如此的司法才能和司法独立。

    到了 17 世纪的重大宪政危机时,不让君主破坏法治成了保卫英国自由的呐喊和议会团结以抗国王的源泉。出现于早期斯图亚特(1603—1649 年)的威胁是国王的星室法庭(Court of Star Chamber,其起源和司法权都很模糊),其为了“更有效地”起诉犯罪,而省去一般法庭的正常保护程序(包括陪审团的审讯)。在第二任斯图亚特国王查理一世(1600—1649)的治下,它带有更多政治性,不只是起诉犯罪,还用来对付假想的国王之敌。

    英国法律独立的更佳象征,莫过于爱德华·柯克爵士(1552—1634)。他是法学家和法律学者,最终升至王座法院(King’s Bench)的首席法官。他在各种法律职务中不折不挠,抵抗政治权威和国王对法律的侵犯。詹姆士一世试图将某些案件从普通法搬至教会法之下审理,柯克坚持说,国王没有足够权力来任意解释法律,从而引起极大愤怒。国王宣称,坚持国王在法律之下,无疑是叛国罪。柯克引用布拉克顿(Bracton)的话作答:“国王不应在人下,但应在上帝和法律之下(quod Rex non debet esse sub homine set sub deo et lege)。”再加上其他的冒犯,柯克最终被解除一切法律职位,转而加入议会,成为反皇派领袖。

    宗教作为集体行动的基础

    跟法国、西班牙、匈牙利和俄罗斯不同,英国对专制权力的抵抗也涂上宗教色彩,大大加强了议会阵营的团结。第一任斯图亚特国王詹姆士一世,其母亲是被处决的玛丽·都铎(Mary Tudor),即苏格兰女王玛丽一世;其儿子查理一世(Charles I)娶法国路易十三的妹妹亨利埃塔·玛丽亚(Henrietta Maria)为妻。父子都表示相信新教,但常被怀疑对天主教抱有同情。大主教劳德(Laud)试图使英国国教向天主教靠拢,更加重视仪式,为此深受清教徒(Puritan)的憎恨。早期斯图亚特的专制主义教条和王权神授,与法国和西班牙的天主教君主的观点遥相呼应。很多新教徒从中看到国际天主教意欲剥夺英国人天生权利的大阴谋。1641 年爱尔兰的天主教叛乱仿佛就在家门口。新教徒移民遭受暴行的报告,似乎确认了很多英国人对国际天主教扩张的最坏担心。其中还真有一定的道理。西班牙国王在 16 世纪末派来无敌舰队(Armada),并投入八十年战争,以征服新教徒的荷兰联合省。法国的路易十四在 17 世纪末接过这项任务,出兵侵犯荷兰,他的秘密同情者就是英国最后一位天主教国王詹姆士二世。

    有关英国内战的浩瀚史籍总有周期的修正。它不断学术性地改变对战争动机的理解,以跟上流行的思想风尚,以致有些历史学家对取得共识放弃希望。 20 世纪的很多解释,淡化了战争参与者的宗教动机,并将宗教意识视作阶级或局部的经济利益的面罩。事实上这段时期的宗教和阶级,其间互动非常复杂,很难厘清宗教和政治的效忠对象。有站在议会一边的国教徒,也有作为保皇派的新教徒。很多高层国教人士认为,与天主教会相比,像公理会(Congregationist)和贵格会(Quaker)那样的非国教徒,对道德秩序构成更可怕的威胁。显然,较激进的新教流派变成了社会动员和经济进步的载体,并为抗议和团结提供机会,而传统的等级制的宗教渠道是无能为力的。

    另一方面,即使有人主张冲突的主要原因不在宗教,但宗教在动员政治参与者和扩大集体行动范围上,仍然发挥重大作用。这在议会阵营,以及议会创建的新模范军(New Model Army)中,尤其如此。由于很多军官的宗教信念,随着时间的推移,新模范军变成反皇派激进主义的大温床。光荣革命期间,议会愿意接受奥兰治公国的威廉,以取代英国的合法君主詹姆士二世,就是因为前者是新教徒,后者是天主教徒。不然,真不好解说。

    所以,英国地方上的自治团体、深植人心的法律、产权不可侵犯的信念、君主政体涉嫌参与国际的天主教阴谋,这一切都有助于议会阵营的精诚团结。

    自由城市和资产阶级

    现代传统智慧认为,如果没有强大中产阶级的存在,民主就不会出现。他们是有产阶级,既不是精英,也不是乡村穷人。这个概念起源于英国的政治发展,与其他任何欧洲国家(可能的例外是荷兰)相比,英国看到更多城市和城市资产阶级的早期涌现。城市中产阶级在议会中扮演主要角色,在内战和光荣革命之前,就已获得经济和政治的实质性力量。在权力的三角比赛中,它是抗衡领主和国王的大砝码。城市资产阶级的兴起,是更为广泛的西欧变迁的组成部分,包括低地国家、意大利北部和日耳曼北部的汉萨同盟(Hanseatic)港口城市。详细描述这一重要现象的有卡尔·马克思、马克斯·韦伯、亨利·皮朗(Henri Pirenne)。马克思把“资产阶级的兴起”当作他现代化理论的中心命题,成为社会发展过程中必不可少的阶段。

    我们在第 25 章中看到,自由城市的存在促成了西欧农奴的解放。对英国政治发展和议会获胜来说,强大且凝聚的资产阶级是非常重要的。但资产阶级在英国和西欧历史上所扮演的角色,在很多方面却是异乎寻常的。它是特殊境遇的后果,其他欧洲国家只是没遇上如此境遇而已。尤其是在易北河以东,那里只有很少独立自治的商业城市,遵照自己的法律,受自己民兵的保护。那些城市更像中国的,只是地方领主控制的行政中心,碰巧也充任商业中心。马克思的巨大影响促使好几代学生,继续把“资产阶级的兴起”看作经济现代化的伴随物,无须作出进一步解释,认定该阶级的政治力量来自其经济力量。

    早于马克思几乎七十五年,亚当·斯密在《国富论》中就资产阶级的起源,提供了更为周详、更具说服力的解释。他认为,在资产阶级的兴起当中,政治既是原因又是结果。斯密在第一卷第三章的篇首提出,他所谓的“富裕”(opulence),即经济增长,会有自然的升级,始于农业生产效率的改善,导致更多国内的城乡贸易,到最后才是日益增加的国际贸易。他注意到,欧洲现代国家所经历的次序恰恰相反:国际贸易发展在国内贸易之前,前者兴旺起来之后,强大男爵和地主的政治霸权才被打破。

    在斯密看来,造成这奇特次序有好几条原因。第一,罗马帝国崩溃后的大部分土地都在强大男爵手中,他们宁愿保住自己的政治权力,也不愿追求财产回报的最大化。所以,他们创建长子继承制和其他限制性的规则,以防地产的流失。此外,他们又将农民贬为农奴或奴隶;斯密认为,农奴或奴隶既不愿卖力干活,又不愿投资于土地。不愿追求回报最大化的另一原因,是缺乏以盈余去购买的消费品。在欧洲的黑暗时代,贸易不存在。因此,有钱有势者没有其他选择,只得与大批侍从共享盈余。

    斯密又注意到,出现于中世纪的城市,其最初居民是“商人和工匠”。他们属于低级阶层,甚至处于奴役地位,但是他们逃离了领主的控制,在城市找到庇护。久而久之,国王授予特权,让他们可以自由嫁女(编按:指无需领主同意而自主决定),组织自己的民兵,最终作为集团实体而享有自己的法律。这就是资产阶级的起源,虽然亚当·斯密没有使用如此字眼。不同于马克思,斯密提到独立城市的兴起必须有重要的政治前提:

    领主鄙视市民,认为他们属于不同层次,只是被解放的农奴,几乎不是自己的同类。市民的富裕,常常使领主愤怒,一有机会就掠夺欺凌,不稍宽恕。市民自然也既嫉恨、又畏惧领主。恰好,国王也嫉恨和畏惧领主。国王虽可能亦会鄙视市民,但却没有理由去嫉恨和畏惧他们。所以,相互利益促使他们支持国王,又促使国王支持他们来反对领主。

    斯密接着说,这就是国王将独立宪章和法律赋予城市的原委,允许他们在国王与领主的斗争中成为一枚平衡砝码。

    城市和资产阶级的形成,与马克思所相信的相悖,不只是经济增长和技术变化的结果。刚开始,他们非常软弱,从属于强大的领主,除非获得政治保护。这就是在波兰、匈牙利、俄罗斯和易北河以东其他土地上所发生的。那里,政治力量的不同配置使君主变得软弱,或促使君主与贵族的派别结盟,以反对市民利益。由于这个原因,东欧从来没有强大独立的资产阶级。技术上先进的资本主义市场,其引进者不是市民,而是进步地主,或国家本身,因此无法达到相似的繁荣程度。

    基于城市的资本主义市场经济一旦出现,我们便离开古老的马尔萨斯式世界,开始进入现代经济制度,生产效率的增长变成家常便饭。此时,日益富有的资产阶级,越来越能颠覆旧式地主秩序的权力,政治发展的条件因此而发生变化。斯密表明,旧精英受财富的诱惑而放弃自己的政治权力——钻石扣环,“更适合于作孩子的玩具,而不应是大人的认真追求”——旧农业经济是无法创造这种财富的。因此而开始了政治发展的现代制度:政治变化取决于经济和社会的变化。但一开始,资产阶级的兴起要有政治前提——市民和国王都憎恨领主。这个条件不存在的地方,如东欧的大部,就没有资产阶级的出现。

    征税斗争

    自 13 世纪以来,英国议会开始定期开会,比法国、西班牙和俄罗斯更为频繁。如上所述,它们的原始功能是司法,但久而久之,开始扮演更广阔的政治角色,成为国王的联合统治者。在批准税赋上,议会作用尤其重要,因为议会包括全国大多数地主,其资产和收入是国家征税的基础。到 14 世纪和 15 世纪,下议院与英国君主密切合作,以剔除不够格或腐败的官员,并定期监督议会拨款的具体花费。图 5 显示的是内战前夕的 1641 年的英国社会力量。

    查理一世在 1629 年解散议会,开始了十一年的“亲政”,试图以议会为代价来扩展国家权力。这导致查理一世与议会对手在好多问题上发生争执,有的已在前面篇幅介绍过。议会中很多人不喜欢大主教劳德的专制国教,怀疑查理一世同情天主教,因为他有兴趣与法国和西班牙建立外交关系。宗教问题和保卫法治互相交融,星室法庭、高级专员公署(High Commission)、北方政务会(Council of the North)起诉反主教制(anti-Episcopal)的清教徒。清教徒传教士亚历山大·莱顿(Alexander Leighton),遭到星室法庭野蛮逮捕和残酷折磨,却得不到正当法律程序的保护,被认为是宗教和皇家权力肆无忌惮的滥用。

    图5 英国

    其时还有两大问题,一是没有议会批准、国王擅自增税的权利。国王提出新关税,向地主施以任意的罚金,重新引进蓄意避开禁令的垄断专利,在和平时期为重整海军而征收“船舶筹款”。英国税务制度的发展不同于法国,英国的贵族和士绅未以法国方式购买特权和免税,税收负担的最大部分都落到了议会所代表的富人头上。可能与紧密的地方团结有关,富人阶层没有与国王共谋,将税收负担推向农民、工匠和新近致富的中产阶级,反而认为自己与议会的权力和特权休戚相关。

    第二个问题涉及政治腐败。与法国和西班牙一样,英国也躲不过家族化和买卖公职的做法。从都铎时期开始,皇家公职的获得愈益依靠政治赞助,晋升不是选贤与能,而是以各种荫庇关系圈子的圈内人资格为准。公职待价而沽,又变成世袭财产。到斯图亚特王朝早期,法国包税(关税)和内部财政(向国家官员借款)的做法获得引进。国王建立皇家调查委员会,就像法国的司法堂,以私人腐败的借口敲诈富有官员。

    1641 年爆发的内战持续十年,最后在 1649 年,以议会的胜利和查理一世被砍头而告终。但国王和议会的长期斗争,其最终解决并不全然依靠武力,虽然暴力和暴力的威胁仍是重要的决定因素。胜利的议会派因处决国王而抹黑了自己声誉;在克伦威尔(Oliver Cromwell)护国公时期,又因追求愈益激进的政策而削弱了自己的政治基础。所以,查理一世的儿子在 1660 年成功复辟,登位为查理二世,反而带来一种解脱。二十年的强烈政治冲突之后,国家得以返回常态。

    复辟确实解决了当初引起内战的腐败问题。议会在内战和护国公时期推行很多政府改革,譬如建立严密的现代新模范军和清洗腐败的皇家官员。但查理二世的上台,又带回很多早期斯图亚特的腐败做法,包括出售公职和赞助任命。但是,多种因素聚合起来,在英国政府中建立了改革同盟,最终打退这些倒行逆施。

    首先是第二次荷兰战争(1665—1667)爆发,加上瘟疫突发和伦敦大火,导致国防严重衰弱,以致荷兰船队溯泰晤士河而上,烧毁英国海军船坞。路易十四治下的法国也取得进步,以咄咄逼人的外交政策威胁欧洲大陆的均势。显然,军费必须上涨。第二是查理二世希望量入为出,以避免向议会请求特别征税。第三是政府中出现了一批才华横溢的精明改革家,包括乔治·唐宁(George Downing)爵士和喜记日记的塞缪尔·佩皮斯(Samuel Pepys)。他们关心日益增长的外国威胁,认识到财政制度和行政管理必须改革才能获得高效。最后,告别内战和护国公时期的议会,对政府的浪费和腐败深感怀疑,其时政府将税收用于非公共的开支。

    不同压力的汇合允许唐宁组织的第二财政委员会(Second Treasury Commission)推荐和实施重要的改革,使英国公共行政管理更为现代化,进一步脱离家族化。它取消从都铎时期起便是腐败温床的国库(exchequer)的权力,移交给总管所有政府开支的新财政部。它向公众发行遵守公共债券市场纪律的新债券(Treasury order),以取代内部财政。最后,它将私人拥有的公职改成“悉听尊便”(at pleasure)的职位,并取消新的公职出售。

    1667 年后发生的改革努力沉重打击了家族化实践,确保英国在管理公共资金上比法国或西班牙更为有效。反对腐败政府的斗争从来不是一蹴而就,唐宁在 17 世纪 60 年代发起的很多改革,其完全实施尚要等到 18 世纪早期。这些努力也没有排除后续稽查的需要,因为假以时日,家族制总是试图卷土重来。

    17 世纪晚期确实提供了扭转家族化的重要模式,对今天的反腐努力仍有意义。促使晚期斯图亚特王朝改革的所有因素依然重要:外部环境的压力迫使政府改善效率;首席执行官如果没有发挥带头作用,至少不拖后腿;政府内有人倡导改革,并得到足够的政治支持来付诸实行;最后,来自纳税人的强大政治压力,他们不愿看到浪费。

    国际机构最近作出的很多反腐努力,比如世界银行或英国国际发展部,但却功亏一篑,就是因为上述因素之一的缺席。现代世界的问题在于,腐败政府经常无需向自己公民谋求税收,像查理二世所作的,因此没有议会或公民社会来监督它们的开支。它们的收入或者来自自然资源,或者来自并不要求财政负责制的国际捐赠人。亨廷顿建议,如果英国议会的呐喊是“无代表即不纳税”,今天口号应该是“不纳税即无代表”,因为最能激励政治参与的乃是后者。

    光荣革命

    国王与议会争斗的结果是 1688—1689 年的光荣革命,詹姆士二世被迫退位。奥兰治公国的威廉从荷兰赶来,登基为国王威廉三世。直接原因是天主教徒的詹姆士二世试图扩军,并配以天主教军官。这即刻引起怀疑,他是否打算利用军队实施专制,并与法国和其他天主教势力结成同盟。更大原因则与议会当初反对国王导致内战的原因相同:合法性最终应基于被统治者的同意,得不到同意,国王无权强加于人。危机中达成的和解,涉及宪法、宗教、财政、军事等重要方面。在宪法上,它建立了没有议会同意国王不得建军的原则;议会还通过议案,罗列国家不得侵犯的国民权利。在财政上,它确立没有议会同意国王不得征新税的原则。在宗教上,它禁止天主教徒成为国王或王后,还添上增加异见新教徒权利的容忍议案(但排除天主教徒、犹太教徒和索齐尼派教徒)。最后,它允许政府发行更多债券,使国家机构的大大扩展成为可能。议会主权的原则要在数年后才得到最后确认,光荣革命不愧为现代民主发展的主要分水岭。

    光荣革命导致了政治合法性的思想大改变。作为这些事件的评论家和参与者,哲学家约翰·洛克扩充了霍布斯的观点,即国家源于为保障天赋权利而签署的社会契约。其《政府论》上篇攻击罗伯特·菲尔麦(Robert Filmer)爵士为君主政体辩护的君权神授;其《政府论》下篇力辩,与霍布斯相悖,侵犯臣民天赋权利的暴君可被撤换。这些原则使用普世性的论述,对 1689 年的宪政和解至关重要。光荣革命不是某个统治者或一群精英从他人手中夺得国家和租金,而是定出如何选择后续统治者的原则。从洛克的《政府论》下篇,到美国革命和美国创始人的宪法理论,其间距离很短。尽管现代民主有复杂的方方面面,但 1688—1689 年的事件,牢固建立了政府合法性来自被统治者的同意的基本原则。

    光荣革命使政治负责制和代议政府的原则制度化,但还没引进民主。此时的英国议会,只由很小比例的人口选出。出席议会的有高级阶层、议员和士绅。后者是英国最重要的政治阶级,根据彼得·拉斯莱特(Peter Laslett),它代表了大约总人口的 4% 到 5%。更为广泛的民众参与地方统治,或参加陪审团,或协助百户区和县政府的工作,包括大部分条件较好的自耕农(yeoman)。如把这个团体也包括在内,政治参与者会接近男性成人总人口的 20%。我们今天理解的民主——无论性别、种族、社会地位,所有成年人都享有选举权——要到 20 世纪的英国或美国,方才得到实施。跟美国独立宣言一样,光荣革命建立了被统治者同意的原则,让后人再去拓宽政治意义中的“人民”的范围。

    有些人认为,光荣革命的重要性在于它标志了英国安全产权的开始,其实非也。数世纪之前,健全产权即已建立。包括女子在内的个人早在 13 世纪就行使买卖财产的权利(参看第 14 章)。普通法、国王法庭、县法庭和百户法庭,允许非精英地主在领主司法范围之外,提出产权争执的诉讼。到 17 世纪晚期,强大的资本主义经济,参与反斯图亚特专制的中产阶级,都已出现。光荣革命的成功,与其说是强大可靠产权的原因,倒不如说是它的结果。英国有产阶层觉得有重要东西需要保护。

    光荣革命也未给新近壮大的纳税人减税的借口,如经济学家曼瑟尔·奥尔森所提示的。恰恰相反,政府开销作为国民生产总值的百分比,从 1689—1697 年的 11%,涨至 1741—1748 年的 17%,再涨至 1778—1783 年的将近 24%。在 18 世纪的高峰时期,英国征税高达 30%。

    光荣革命的重大成就之一是使征税合法,从此以后,征税全凭同意。民主政体的公众并不一定反对高税,只要知道这是为了重要的公共目标,比如国防。他们所不喜欢的是非法征税、税款被浪费或掉进贪官污吏的荷包。光荣革命之后,英国投入两场与路易十四法国的昂贵战争,即九年战争(1689—1697)和西班牙继位战争(1702—1713)。二十年几乎连续不断的战争,证明是非常昂贵的。从 1688 年到 1697 年,英国舰艇的数量几乎翻了一番。纳税人愿意支持这些及后来的战争,因为他们在战争得失上得到咨询,被要求批准新的税收。不用多作解说,英国较高的征税并没有遏制资本主义革命。

    与专制法国的对照是很醒目的。法国没有接受同意的原则,征税必须依赖强力。政府在同一时期从没能征收超过其国民生产总值的 12% 到 15%,真正到手的往往更低。法国社会中最负担得起的精英却在购买免税和特权,这意味着税收负担落到社会最弱成员的身上。所以,在路易十四过世的 1715 年,人口几乎是英国四倍的法国发现自己已经破产。

    光荣革命和随之发生的财政和银行改革,如 1694 年建立的英国银行,确实使公共财政经历了革命性的变更。它们允许政府在透明的公共债务市场上借贷资金,而法国或西班牙是无法企及的。因此,英国政府借贷在 18 世纪激增,使得国家愈加壮大。

    美国革命和法国大革命

    本卷对政治发展的介绍到此结束,时值 18 世纪末,美国革命和法国大革命的前夕。在此停下有逻辑上的原因。黑格尔的伟大注释者亚历山大·科耶夫(Alexandre Kojève,出生于俄罗斯,后来长住法国)认为,众所周知的历史终结于 1806 年,其时,拿破仑在耶拿和奥尔斯塔特击败普鲁士君主政体,将自由和平等的原则带到黑格尔的欧洲。科耶夫以他通常的讽刺和顽皮说明,1806 年以来发生的一切,包括间杂世界大战和革命的 20 世纪狂飙突进(sturm und drang),只是在填平历史所留下的坑坑洼洼。也就是说,现代政府的基本原则在耶拿战役时已获建立,后续任务不是发现新的原则和更高级的政治秩序,而是将之推至世界上越来越多的地区。

    我相信,科耶夫的声明仍值得认真考虑。现代政治秩序的三个组件——强大且有能力的国家、国家从属于法治、政府对所有公民负责——已在 18 世纪末世界上的某地获得确立。中国很早就开发了强大国家;法治存在于印度、中东、欧洲;负责制政府首次出现于英国。耶拿战役之后的政治发展,只涉及这些制度在全世界的复制,而没有看到全新制度的补充。20 世纪的共产主义曾有如此的雄心壮志,到了 21 世纪,却又在世界舞台上几近消失。

    英国是三大组件聚合在一起的第一个大国。这三者互相之间高度倚靠。没有强大的早期国家,就没有法治,以及对合法产权的广泛认识。没有健全的法治和合法产权,平民绝不可能群起奋争,将负责制强加给英国君主政体。没有负责制的原则,英国绝不可能在法国大革命时成为强大国家。 其他欧洲国家,包括荷兰、丹麦和瑞典,也在 19 世纪建立国家、法治和负责制的整套制度。它们所走的途径与英国有实质上的不同。但要承认,整套制度一旦到位,它所创建的国家如此强大,如此合法,对经济增长如此友善,以至成为推向全世界的模式。在缺乏英国式历史和社会条件的国家,这个模式将有怎样的遭遇,那将是第 2 卷的主题。

    第 28 章 负责制或专制主义?

    前述案例的互相比较;通向代议政府的英国路径不是唯一;达到丹麦;历史讨论与今日的民主斗争息息相关

    我们现已介绍了五个欧洲案例,在负责制和代议制度方面,引出四个不同结果。法国和西班牙创造了弱的专制主义,但没有建立议会负责制的原则。两个国家分割出卖自己的功能给众多精英,精英以特权和免税保护自己——但不包括其余社会群体——避开国家的任意权力。俄罗斯建立了更为彻底的中国式专制主义,其君主政体将精英征入国家服务,予以掌控。在匈牙利,强大凝聚的精英在君主权力上实施宪政制衡,从而建立起负责制的原则。但这制衡太过强大,以致阻碍了国家的有效运作。最后,只有在英国,强大的议会将负责制原则强加于国王,但并没有破坏强大和统一的主权政府。问题在于,为何会有如此不同的结果?

    可用一个很简单的公式来解释这些差异,其与我们所介绍的农业社会中四大政治参与者的均势有关。它们是以国王为代表的国家本身、高级贵族、士绅以及我所谓的第三等级。这种四分法过于简略,但对结果的理解大有裨益。

    欧洲有些贵族家族先发制人,取得优势,而变得强盛起来——法国的卡佩家族、匈牙利的阿尔帕德王朝、俄罗斯的留里克王朝、征服后的诺曼王朝——从而出现国家。它们的兴起归功于有利地理、卓越领导、组织能力和掌控合法性的能力。合法性可能是统治者最初优势的来源,如率领马扎尔人(Magyars)皈依基督教的伊斯特万。有人以赫赫武功征服军阀对手,给社会带来和平和安全,合法性也可能接踵而至。

    高级贵族可说是遗留下来的军阀,拥有自己领土、大批侍从和资源。这个群体有效治理自己的领土,可传给后裔,也可交换成其他资产。

    士绅是低级精英,虽有社会地位,但不一定拥有重要的土地或资源。他们的人数远远超过贵族,明显从属于贵族。

    第三等级包含工匠、商人、解放了的农奴,以及不受庄园经济和封建法律管辖的城镇居民。

    除了这四个群体,还有占人口大多数的农民。然而,农民还不是重要的政治参与者。到 18 世纪,他们才在北欧某些地区参与政治。四下分散、贫困和缺乏教育的农民,很难完成重大的集体行动。中国、土耳其和法国的农业社会,农民起义同期性爆发,最终都被镇压,经常伴随可怕的野蛮和残忍。那些反抗影响了其他参与者的行为和计算,例如,国家在考虑增加农业税时会特别小心。在其他时刻,农民起义可帮助推翻中国皇朝。但农民很难采取集团行动,以迫使整个制度实施关心农民利益的长期改革。

    这五个群体的交叉关系在图 1 中得到说明(参看第 22 章)。除农民外,这些社会群体都组织起来(只在程度上有深有浅),可以成为政治参与者,为夺得权力而斗争。国家尝试扩充自己的统治。国家之外的群体试图保护和扩充现有特权,或反对国家,或互相争斗。这些斗争的结果多半取决于主要参与者的集体行动,甚至国家本身也需要精诚团结。王朝的内部分裂、组织故障、侍从不再相信王室的合法性、国王没能孕育继位者,都有可能造成国家的软弱。此外,这些不同群体可以组成各式同盟——国王和士绅之间、国王和第三等级之间、高级贵族和士绅之间、士绅和第三等级之间,等等。

    图 6. 集体行动的故障

    出现专制主义的案例中,无论是强大的还是软弱的,抵抗国家的群体不可避免地遇上了集体行动的故障(参看图 6)。哪里有负责制,哪里的国家相对弱于其他政治群体。议会政府出现的地方,凝聚的国家和组织良好、善于自卫的社会之间产生了相对均势。

    弱的专制主义

    我们现在可以总结早先章节所描述的各种结果。

    相对软弱的国家遇上组织良好的社会,但前者仍得以掌控后者,这就是法国和西班牙,遂出现弱的专制主义。在这两个案例中,国家的权力基础依靠有限的领土,包含皇家领地和国家直接征税地区——对法国君主政体来说,即巴黎周围的财政区省(编按:原文误为三级会议省[pays d’états],据前文第 23 章改正);对西班牙哈布斯堡王朝来说,即卡斯提尔区域。它们都想通过拉拢收买、王朝阴谋和直接征服来取得更多领土,但西欧的地理,以及 16 世纪晚期和 17 世纪早期的军事技术,尚不允许快速的武力扩张——应该还记得,星状要塞使围攻战争变得既昂贵又必不可少——法国和西班牙的君主很快发现,自己因军事开支和帝国扩张而深陷财政危机。

    在这两个案例中,国家之外还有强大的地方参与者,竭力抵制中央集权。他们包括拥有土地和资源的古老血缘贵族、广大的士绅阶层、城市资产阶级,已经组成正式的等级——法国的高等法院和西班牙的议会。法国和西班牙国家一步步收买这些群体,开始时好像不是国家建设的战略计划,只是防止破产的绝望革新。最初,法国在财政区省以免税和特权来购买地方精英的忠诚。它在 1557 年对“大借款”赖债不还,引发破产。这之后,它开始向富有个人出售公职,到 17 世纪早期又摇身变为世袭财产。公职的出售和再出售,一直持续到世纪末的路易十四年代。意大利和低地国家的持久王朝战争,使西班牙国家早早陷入破产。来自新世界的收入使之维持到 16 世纪末。到 17 世纪,它也只好诉诸拍卖国家的部分职能。

    法国和西班牙君主的集权能力,受到两国既存法治的严格限制,他们觉得必须尊重封建权利和臣民的特权。但他们试图抓住每一次机会,以扩充征税和征兵的权力,一有可能就想方设法扭曲、违反或规避有关法律。他们鼓励知识分子传播专制和主权的教条,以支持自己是法律最终来源的宣称,但没有设法废除或忽略法律。到最后,他们仍受规范化的遏制,无法从事中国皇帝式的随心所欲,像血腥清洗贵族对手的武则天,或像任意没收豪族土地的明朝开国皇帝朱元璋。

    对精英的一步步收买,意味着一再扩展寻租联合体,先是传统的贵族精英,再是新动员起来的社会参与者,如城市资产阶级。更确切地说,与其联合起来保护自己阶层的利益,这些精英宁愿以政治权力来交换社会地位和部分国家职能——不是议会的代表权,而是国家征税权的分享。用托克维尔的话说,自由被理解为一种特权,而不是真正的自治。这导致弱的专制主义,一方面,国家权力不受正式宪法的约束,另一方面,它又将自己前途抵押给了自己很难掌控的大批强势个人。

    对法国和西班牙来说,国家的软弱最终证明是致命的。因为国家建设以精英免税为基础,税收负担都落到农民和普通商贩的头上。两个国家都无法征集足够收入,以满足统治者的帝国野心。法国竞争不过更小的英国,后者的税收基础因议会负责制的原则而获得保证。西班牙进入持续一世纪的军事和经济的衰退。它们的国家都丧失了合法性,因为其组成方式本身就是腐败的,法国改革的失败为大革命铺平道路。

    强大的专制主义

    俄罗斯建立了更接近中国的强大专制主义国家。只要将它的发展与法国或西班牙作一对比,个中原因显而易见,其间重大差异至少有五项。

    第一,俄罗斯的地理——广阔大草原,只有很少自然障碍来应对基于骑兵的军队——使之易受来自西南、东南和西北的入侵,且经常是同时发生的。军事动员因此而变得非常重要。这还意味着,与对手相比,先发制人的军阀享有规模上的极大优势。莫斯科国家的权力基于对服役贵族——相当于士绅——的军事招聘。它能这样做,因为它仍是边界不定的边境国家。跟奥斯曼帝国西帕希骑士的情形一样,该阶层成员所获的奖励就是新土地,这些骑兵变成了国王的直接受养人。(最相似的西欧做法就是西班牙国王,将新大陆的托管权作为服务的报酬赠与征服者,导致了同样的政治等级制度。)莫斯科公国凭借对鞑靼的早期军事成功而获得先发制人的优势,因此享有比其他封地领主更多的合法性。

    第二,从卸下鞑靼轭到莫斯科投入国家建设,其间只有很短时期。封建主义在西欧扎根八百年,孕育了骄傲的血缘贵族,坚守在散布四野的险固城堡。相比之下,俄罗斯的封地时期仅持续两个世纪,贵族成员组织松弛,根本无法抵制中央君主的权力,也没有城堡可住。与西欧相比,他们以及像诺夫哥罗德那样的独立城市,较少受到地理上的保护。

    第三,俄罗斯没有可与西欧媲美的法治传统。指派俄罗斯牧首的拜占庭东正教,本身没有经历类似叙任权斗争的冲突,始终是政教合一,直到君士坦丁堡的失陷。拜占庭帝国的法律也没变成综合法典,受西方那样法律专业自治团体的保护。俄罗斯东正教是拜占庭教会的精神继承人,虽然时有偏离莫斯科统治者的政治独立,但也从国家赞助那里收获重大好处。天主教会可在分裂的西欧政治舞台中合纵连横,俄罗斯教会没有选择,只好去莫斯科,通常成为国家的顺从拥护者。没有独立的教会权威来监看一套教会法规,这意味着,接受训练的法律专家没有属于自己的机构来培养集团身份。教会官僚担任早期西欧国家的行政官员,在俄罗斯,管理国家机构的是军官和家族人选(经常是同一人)。最后,对很多俄罗斯人来说,统治者的榜样不是依法执政的君主,而是纯粹掠夺的蒙古征服者。

    第四,地理环境使农奴所有者结成卡特尔成为必需,将贵族和士绅的利益与君主政体的利益紧紧绑在一起。因为没有地理界限,要维持像农奴制那样的制度,全靠农奴主在处罚和归还逃奴上的严格自律。沙皇只要支持对农奴实施越来越紧的限制,就可把精英拴在国家这一边。相比之下,西欧的自由城市是庇护所,逃离领主和庄园经济的农奴,为追求自由而来投奔城市。在俄罗斯,城市充任功能上的边境——最终都被封闭。明显不同于俄罗斯君主和其他东欧统治者,西欧的国王发现,自由城市在反对强势领主的斗争中于己有利,因此予以保护。

    最后,有些思想在俄罗斯的渗透,达不到在西方国家那样的程度。首先是法治,再延伸到源于宗教改革和启蒙运动的整套思想。丹麦王太后索菲亚·玛德莲娜(Sophie Magdalene)在皇家领地上释放农奴时,曾是伏尔泰朋友的叶卡捷琳娜大帝,却在对俄罗斯农奴的行动自由实施更为严格的限制。当然,很多启蒙运动的思想被推行现代化的俄罗斯君主所采用,像彼得大帝。三代之后,沙皇亚历山大二世方才解放农奴。与欧洲其他部分相比,现代思想对俄罗斯的影响更为缓慢、更为虚弱。

    英国的结果为何不像匈牙利?

    以这些未能抵抗专制的国家为背景,英国的成果便显得愈加惊人。英国主要社会群体为保护自己的权利而反对国王,所显示出的团结胜过任何其他地方。英国议会包括从大贵族到自耕农的全部有产阶级的代表。其中两个群体特别重要,那就是士绅和第三等级。前者的阶层没有被招募进入国家服务,像俄罗斯那样;后者基本上不愿以政治权利来交换爵位和个人特权,如法国那样。法国、西班牙、俄罗斯的君主政体,向精英中的个人兜售官爵,从而破坏精英之间的团结。俄罗斯的门第选官法,其目的很像法国和西班牙的卖官鬻爵。英国君主也尝试像出售公职那样的手段,但议会仍是凝聚的机构,其原因早已提到——即对地方政府、普通法和宗教的普遍认可。

    这还不足以解释英国议会为何如此强大,以致君主政体被迫接受宪法。匈牙利议会中的贵族也很强大,也组织良好。像在兰尼米德的英国男爵,较低层次的匈牙利贵族在 13 世纪强迫君主接受宪法妥协,即金玺诏书,在后续年份中又死死看住国家。在马蒂亚斯·匈雅提于 1490 年去世后,贵族阶层扭转君主政体在前一代作出的中央集权改革,夺回权力。

    但匈牙利贵族阶层没有运用权力来加强整体国家能力。更确切地说,他们以国防能力为代价给自己减税,保护自己的狭隘特权。相比之下,源自 1688—1689 年光荣革命的宪政和解,大大加强了英国的国家能力,以至它在未来一世纪中成为欧洲的主要强国。那么,我们要问的是,既然英国议会已经强大到能够遏制掠夺性的君主,但议会本身为何没有发展成寻租联合体,没有像匈牙利议会一样作茧自缚。

    英国负责制政府没有退化成贪婪的寡头政治,至少有两条原因。首先,英国的社会结构不同于匈牙利。英国议会中的团体是寡头政治,但与匈牙利相比,他们底下的社会更为流动,向非精英开放的程度更高。在匈牙利,士绅被吸收到狭窄的贵族阶层;在英国,他们代表一个庞大且凝聚的社会群体,在某些方面甚至比贵族还要强大。不像匈牙利,英国拥有基层政治参与的传统,体现在百户法庭、县法庭和其他地方治理机构。英国领主习惯于出席会议,与自己的属臣和佃户平等相处,讨论决定涉及共同利益的问题。此外,匈牙利没有英国那样的自耕农。自耕农是相对富裕的农民,拥有自己的土地,参与地方上的政治生活。匈牙利城市受到贵族阶层的严格控制,不能像英国那样衍生出富庶和强大的资产阶级。

    其次,尽管英国有个人自由的传统,但它的中央国家既强大,又在社会上获得大致的好评。它是发展出统一司法制度的首批国家之一,保护产权,为应付欧洲大陆的各式敌人而建起实质性的海军。1649 年查理一世被送上断头台,之后,英国又试验了共和政府和克伦威尔的护国公体制,结果都不如人意。甚至在议会拥护者的眼中,弑君本身似乎都是不正义的非法行为。英国内战见证了同样的愈趋激进,像法国、布尔什维克和中国革命后来所经历的一样。更为激进的反皇派,像平均派(leveller)和掘地派(digger),所追求的似乎不只是政治负责制,而是更为广泛的社会革命,从而吓坏了议会所代表的有产阶级。所以,随着查理二世的登基,君主政体在 1660 年得以复辟,大家都松了一口气。复辟之后,政治负责制的问题在天主教徒詹姆士二世的治下重新泛起,其阴谋诡计招致议会的怀疑和反对,最终引致光荣革命。但这一次,没人再想废除君主政体或国家,只想要一位对自己负责的国王,那就是奥兰治的威廉。

    这再次证明思想是非常重要的。到 17 世纪晚期,像霍布斯和洛克那样的思想家,摆脱了基于阶级和等级的封建秩序的概念,转而赞成国家和公民之间的社会契约。霍布斯在《利维坦》中认为,就激情和彼此施暴的能耐而言,人与人在根本上都是平等的;此外,他们还享有天赋权利。洛克接受这些前提,并抨击不经被统治者同意也可有合法统治的主张。只要依照同意原则,就可以推翻国王。这些早期自由主义者认为,权利是抽象和普遍的,任何强人不得合法剥夺。但在这些思想传到匈牙利之前,匈牙利早已向土耳其和奥地利屈服称臣了。

    从上述比较中可得出一个简单的教训。政治自由——即社会自我统治的能力——不但要看社会能否动员起来,以对抗中央集权,并将宪法约束强加于国家;还要看国家是否足够强大,能在必要时采取行动。负责制不是只从国家流向社会的单行道。如果政府不能采取团结行动,没有广泛接受的共同目标,就无法奠定政治自由的真正基石。明显不同于马蒂亚斯·匈雅提死后的匈牙利,1689 年之后的英国仍然强大而团结。议会愿意向自身征税,为 18 世纪的海外持久争斗作出牺牲。与没有制衡的政治制度相比,高度制衡的不一定会取得更大成功,因为政府需要定期采取坚决果断的行动。所以,负责制政治制度的稳定,全靠国家和社会之间的广泛均势。

    达到丹麦

    辉格史观的问题之一在于,它将英国的经历当作宪政民主制(constitutional democracy)兴起的范例。然而,欧洲其他国家走上不同路径,最后抵达与英国相同的目的地。我们开始解说冗长的政治发展史时,曾提出丹麦如何变成今日丹麦的问题——守法、民主、繁荣、执政清廉的政体,其政治腐败处于世界最低水平——我们需要时间来解释这个结果。

    在 1500 年,还看不出丹麦(或斯堪的纳维亚其他国家)将会不同于中世纪晚期的其他欧洲社会。有些评论家尝试将今日的丹麦一直追溯到当初定居斯堪的纳维亚的维京人。除了他们不骑马,驾长艇远行,很难想象这一掠夺部落,如何将自己从来自罗马帝国之后定居欧洲的日耳曼野蛮人中彻底区分出来。

    丹麦的君主政体具有很古老的血统,从 13 世纪起变得相对软弱。国王被迫签署宪章,允诺向贵族议会征求咨询,向教会提供特权。像欧洲的其他国家,丹麦的经济仍以庄园为基础。丹麦地处波罗的海的进口,邻近汉萨同盟的港口城市,使国际贸易成为其经济发展的重要因素。卡尔马联盟(Kalmar Union)在 15 世纪中期曾短暂地统一大部分的斯堪的纳维亚。联盟解散后,丹麦仍是相当重要的多民族政权,控制着挪威、冰岛、说德语的石勒苏益格—荷尔斯泰因地区(Schleswig & Holstein),以及现是海湾对面的瑞典西部省份。

    如果说有一个事件,促使丹麦和斯堪的纳维亚其他地区走上独特发展道路,那就是宗教改革。跟在欧洲其他地区一样,马丁·路德(Martin Luther)的思想证明是非常震撼人心的,催化了大众对天主教会的长期不满。在丹麦,短暂内战导致新教徒的胜利,以及 1536 年路德派丹麦国教的建立。促成这个结果的,既有道德因素,也有物质因素,丹麦国王视之为攫取教会资产的良机。当时,教会拥有相当多的财富,大约占有丹麦土地的 30%。

    宗教改革在丹麦的持久政治影响是鼓励农民脱盲。路德教会坚信,普通老百姓要与上帝沟通,需要阅读圣经,或至少要读路德教的简易问答集(Lesser Catechism)。始于 16 世纪,路德教会在丹麦每一座村庄设立学校,让教士向农民传授基本的读写技能。结果在 18 世纪,丹麦农民(还有斯堪的纳维亚的其他地区)已成为教育程度相对较高、日益组织起来的社会阶层。

    当代社会的社会动员通常是经济发展的结果,这也是中世纪英国所走的道路。普通法的产权扩展,促使英国农民的最高层进化成政治上活跃的自耕农。相比之下,在前现代 16 世纪的丹麦,促进社会动员的是宗教。脱盲允许农民改善经济条件,还帮助他们互相交流,并作为政治行动者组织起来。到 19 世纪早期,斯堪的纳维亚和俄罗斯的乡村,彼此之间的悬殊是无法想象的,尽管两者的地理相近,气候相似。

    跟英国的情形不同,这里的代议民主制并不来自组织良好、足以抵抗中央国家的封建残余机构(议会)。丹麦在 1660 年败于瑞典,遂建立了专制国家,其官僚机构变得愈益精明。丹麦议会已被废除,没有基于社会等级的政治结构,可供君主前去要求增税。

    从 1760 年到 1792 年,丹麦发生了重大的政治革命。开明君主开始逐渐废除农奴制(Stavnsbånd),先在皇家领地,再扩展到所有地主,并限制地主处罚下人的权利,譬如不能再将农民放在木马上鞭打。农民仍然没有选举权,但可以拥有土地,并能在同等的基础上从商。

    丹麦君主将农民自由视作遏制贵族地主的良机,遂遭到了地主的顽强抵抗。他又可将获得自由的农民,直接征募进国家军队。思想也很重要。亚当·斯密的《国富论》出版于 1776 年,他认为,自耕农的生产效率将远远超过农奴。同样重要的是农民本身得到越来越多的教育和动员,充分利用自由经济的机会,投入到盈利较多的增值生意,例如食物加工。

    使丹麦现代民主成为可能的第二个重大事件来自外国。到 18 世纪末,丹麦仍是欧洲中等的多民族政权。在 1814 年的拿破仑战争中失去挪威。19 世纪前几十年,法国大革命思想的传播促成复杂的政治后果。它刺激了基于阶级的两项需求,一项来自资产阶级和农民,跟政治参与有关;另一项来自说德语的少数民族,与国家认可有关。

    普鲁士解决了第二项需求,通过一场短暂但决定性的战争,在 1864 年兼并了主要说德语的石勒苏益格—荷尔斯泰因公国。只过一个晚上,丹麦就变成基本上讲丹麦语的整齐划一的小国。它知道自己别无他法,只好接受小国寡民的处境。

    丹麦的民主出现于 19 世纪后期,社会民主主义出现于 20 世纪早期,这就是它们的来龙去脉。教士兼教育家的葛隆维(N. F. S. Grundtvig)所激发的农民政治运动,最初只装扮成宗教复兴运动。它摆脱官方的路德教会,在全国各地大办学校。等到立宪君主政体在 1848 年当政,农民运动和代表资产阶级的自由派开始要求直接的政治参与,并在翌年获得选举权。丹麦在 20 世纪成为福利国家,这已超越本卷的范围。当它最终来到时,并不完全依靠新兴的工人阶级,还需要农民阶级的帮助。在关键时刻,促使农民动员起来的不是经济增长,而是宗教。

    民主和现代市场经济在丹麦的发展,比在英国经历了少得多的冲突和狂暴,更不用提相比法国、西班牙和德国了。为了到达现代丹麦,丹麦人确实与邻国打了好几仗,包括瑞典和普鲁士,也在 17 世纪和 19 世纪发生了激烈的国内冲突。但没有持久的内战,没有圈地运动,没有专制暴政,没有早期工业化所带来的赤贫,所留下的阶级斗争遗产非常薄弱。就丹麦的故事而言,思想是至关重要的,这不仅指路德教会和葛隆维的意识形态,而且还有 18 世纪和 19 世纪一系列丹麦君主所接受的关于权利和宪政的启蒙思想。

    丹麦的民主兴起充满了历史的偶然性,不能在别处复制。丹麦抵达现代自由民主制的途径完全不同于英国,但最终都抵达非常相似的目的地。它们都发展了强大国家、法治和负责制政府。这似乎显示,“达到丹麦”可有多种途径。

    第五部分 迈向政治发展理论

    第 29 章 政治发展和政治衰败

    政治的生物基础;政治秩序的进化机制;政治不同于经济;制度的定义;政治衰败的来源;国家、法治、负责制的相互关联;政治发展条件的历史演变

    本卷提供的政治发展史是从前人类时代到法国和美国革命前夕,直到这时,真正的现代政治方才问世。此后,众多政治体出现,囊括现代政治制度的三大重要组件:国家、法治、负责制政府。

    至此,有些读者可能会断定,我对政治发展的解读是历史决定论的。通过介绍各种政治制度复杂且背景独特的起源,我似乎在主张,类似的制度要在今日出现必须要有类似条件,各国因独特的历史背景已被锁定在各自单一的发展路径上。

    这肯定是误解。能把优势带给社会的制度,总是被他人复制和改进;知识和制度的跨社会交汇,伴随着历史的始终。此外,本卷的历史故事,结束于工业革命前夕,而工业革命本身,又大大改变了政治发展的条件。这两点,将在最后一章得到详细描述。本书的第 2 卷,将描述和分析后马尔萨斯世界(post-Malthusian world)的政治发展。

    人类社会对制度持强烈的保守态度,不会每过一代就把台面上的赌注一扫而光。新制度往往重叠在既有制度上面,例如分支世系制,它是社会组织最古老的形式,却依然存在于现代世界的很多地方。如不弄清这一遗产和它对今日政治行动者选择的限制,就不可能理解今日改革的可能性。

    此外,厘清制度初建时的复杂可帮助我们看到,它们的转变和模仿,即使在现代情形下,也是异常艰难的。政治制度得以建立,往往出于非政治原因(经济学家称之为政治制度的外部因素),我们已看到若干案例。其中之一是私人财产,它的出现不仅为了经济,还因为宗族需要土地埋葬祖先以平息死者灵魂。同样,法治的神圣不可侵犯,在历史上全靠法律的宗教起源。国家在中国和欧洲出现,根源就是当代国际体系所竭力阻止的无休止战争。没有这些外部因素,仍想重建这些制度,往往举步维艰。

    我将总结本卷中有关政治制度发展的主题,并从中提炼出政治发展和衰败的理论大纲。这可能算不上真正的预测性理论,因为最终结果往往取决于互有关联的众多因素。此外还有龟的问题,即选来充当原因的龟,结果又要以底下的龟为基础。我以自然状态和人类生物学为本卷的开头,因为它是明显的起点,可算作底层的龟(Grund-Schildkröte),可以背驮后续的龟群。

    政治的生物基础

    人类在社会中组织自己行为时,不是完全自由的,因为他们共享一种生物本性。考虑到非洲之外的多数当代人,都可认祖归宗到大约五万年前的小群体,这种本性在全世界都是统一的。共享的本性不能决定政治行为,但可限定可能的制度性质。这表示,人类政治取决于人类重复的行为模式,既横跨文化又纵越时间。共享的本性将在下述论点中获得说明:

    人类从未在无社会状态中生存。据称,人类曾是隔离的,要么在无政府暴力中与他人互动(霍布斯),要么在和平中对他人一无所知(卢梭),但这却是错的。人类及其灵长目祖先,一直生活在基于亲戚关系的大小社会群体中。生活得如此长久,以至社会合作所需要的认知和情感,都已进化成人类的天性。这表明,有关集体行动的理性选择,即他们核算合作的利弊,大大低估了人类社会既存的合作,也误读了其中的动机。

    人类天生的社会交往建立在两个原则之上:亲戚选择和互惠利他。亲戚选择原则,又称包容适存性原则,是指人类会大致根据共享的基因比例,对跟自己有遗传关系的亲属(或被认为有遗传关系的个体)做出利他行为。互惠利他原则是指,随着与其他个体的长时间互动,人类会发展出共同的利害关系。跟亲戚选择不同,互惠利他不依赖遗传关系,而是依赖重复、直接的人际互动,以及从这类互动中产生的信任关系。在缺乏其他更为非人格化制度激励的情况下,这些形式的社会合作是人类互动的预设模式。一旦非人格化制度出现衰败,这两种合作又会重现,因为这是人类的本性。我所谓的家族化,就是指基于这两项原则的政治用人。所以,当中国汉朝末年皇亲国戚充塞朝廷,当土耳其禁卫军让自己的儿子入伍接班,当法兰西王国卖官鬻爵制造世袭产业,只不过是自然的家族制原则复辟了。

    人类天生喜欢制定和遵循规范或规则。从根本上说,制度就是限制个人选择的规则,由此类推,可以说人类天生喜欢建立制度。人们核算如何可获最大私利,从而制定理性规则,与他人一起履行社会契约。人类天生具有认知能力,知道如何解答“囚徒困境”类的合作问题。他们记住过去行为以作未来合作的指南;他们通过闲聊和其他分享,传播和获悉他人的可信度;他们有敏锐的知觉,通过察言观色以侦测谎言和不可信赖的行为;他们掌握分享信息的共同模式,不管是语言的,还是非语言的。在某种意义上,制定和遵循规则是在走捷径,可大大减少社交成本,允许高效率的集体行动。

    人类遵循规则的本能,往往基于情感,而非理性。像罪过、可耻、骄傲、愤怒、困窘和赞美,都不是学来的,都不是洛克所谓的出生后、与外界互动时获得的。它们在小孩身上表现得非常自然,小孩依照这基于遗传但寓于文化的规则来组织自己的行为。我们制定和遵循规则的能力很像我们的语言能力:规则的内容是传统的,因社会而异;但规则的“内在结构”和我们的接受能力却是天生的。

    人类倾向于将内在价值注入规则,这有助于说明社会的保守和顽固。规则的产生是为了因应特殊情形;之后,情形本身有了变化;久而久之,规则变得过时,甚至严重失调,但社会仍然拽住不放。欧洲人示范了枪械的卓有成效,但马穆鲁克仍予以拒绝,因为他们已向骑士征战注入了特殊情感,这直接导致了他们惨败于应时而变的奥斯曼帝国。因此,各社会都有竭力保留现存制度的普遍倾向。

    人类天生具有暴力倾向。从存在的第一瞬间,人类就对其同类行使暴力,就像他们的灵长目祖先。尽管我敬仰卢梭,但暴力倾向不是人类在历史某时某刻学来的。同时,社会制度的存在就是为了控制和转移暴力。政治制度最重要的功能之一就是调控暴力出现的层面。

    人类天生追求的不只是物质,还有承认。承认是指对他人尊严或价值的承认,又可称作地位。追求承认或地位的奋斗,往往不同于为物质的奋斗;地位是相对的,不是绝对的,即经济学家罗伯特·弗兰克(Robert Frank)所称的“地位性物品”(positional good)。换言之,只有他人都处于低级地位时,你才算拥有了高级地位。像自由贸易的合作游戏是正和,允许大家都赢;然而,追求承认或地位的斗争却是零和,你的增益一定是对方的损失。

    人类政治活动的大部分都以寻求承认为中心。不管是寻求天命的中国未来君主,打黄巾或赤眉旗号的卑微农民,还是法国红便帽起义军,他们都在追求承认。阿拉伯部落平息相互纠纷,征服北非和中东的大部,这是在为伊斯兰教寻求承认。欧洲战士征服新大陆,打的是基督教的旗帜。近代民主政体的兴起,如避而不谈其内核的平等承认,也是无法理解的。在英国,追求承认的性质循序渐进,从部落或村庄的权利,到英国人民的权利,再到洛克式的天赋人权。

    抵制人类只追求物质利益的讲法是很重要的。人类历史中的施暴者,往往不在寻求财富,而在追求承认。冲突的长期持续,远远超过其经济意义。承认有时与财富有关,有时又以财富为牺牲品;如把承认视作另类的“功用”(utility),那就偏于简单,于事无补了。

    思想作为原因

    在解释社会差异和独特发展路径时,如不把思想当作原因,便无法打造政治发展的理论。在社会科学的术语中,思想是独立的变数;在龟的术语中,思想处在龟群的下层,它的底下绝对没有经济或自然环境的龟。

    所有的社会都制造现实的心智模型。这些心智模型在不同因素中——时常是无形的——寻找因果关系,为了使世界更清晰、更可预言、更容易操纵。在早期社会,这些无形因素是精神、魔鬼、上帝、自然,时至今日则演变成抽象概念,像地心吸力、辐射、经济自利、社会阶级等。所有的宗教信仰都是现实的心智模型,都把观察到的现象归因于无法或很难观察的力量。至少从大卫·休谟起,我们懂得,单靠实证资料是无法核实因果关系的。随着现代自然科学的发展,我们改用新的因果理论以控制实验或统计分析,至少可以证伪。有了测试因果的更好办法,人类得以更有效地操纵环境。例如,改用肥料和灌溉来增加粮食产量,而不是牺牲者的血液。每个已知的人类社会都制造现实的心智模型。这表明,这种能力是天生的而不是后学的。

    共享的心智模型,尤其是宗教,在促进大规模集体行动方面是至关重要的。建立在理性自利上的集体行动,解释不了世界上客观存在的社会合作和利他主义。宗教信仰激发人们所做的事,只对财富感兴趣的人通常是不做的,就像我们看到的伊斯兰教 7 世纪在阿拉伯半岛的崛起。信念和文化的分享会增进合作,因为有共同目标,还有应付类似难题的协调。

    很多人看到当代世界的宗教冲突,从而反对宗教,认为它们是暴力和心胸狭隘的来源。这在重叠宗教和多样宗教的世界,可能是千真万确的,但他们忽视了宗教的历史作用。它曾扮演非常重要的角色,允许超越亲友的合作,成为社会关系的来源。此外,世俗的意识形态,如马列主义和民族主义,已在很多当代社会取代宗教信仰,呈现出不相上下的破坏能量,也能激发强烈的信念。

    心智模型和规则紧密相连,因为它往往明确指出社会必须遵循的规则。宗教不只是理论,而且是道德规范的处方,要求追随者严格遵守。宗教,就像其颁布的教规,都被注入深厚的情感;信教是为了它的固有价值,不是为了它的准确或有用。宗教信仰,既不能确认,也很难证伪。所有这一切加深了人类社会的保守性。现实的心智模型一经采纳就很难变更,即使出现不利的新证据。

    几乎所有已知的人类社会都有某种形式的宗教信仰。这表明,宗教很可能植根于人的天性。就像语言和遵循规则,宗教信仰的内容是传统的,因社会而异,但建立宗教原则的能力却是先天的。我的叙述与宗教的政治影响有关,但不以“宗教基因”的存在与否为前提。即使宗教是后学的,它对政治行为仍施加巨大影响。

    像马克思和涂尔干那样的思想家,看到宗教信仰在联合群体上的高效率(或是社区整体,或是阶级整体),从而相信宗教是故意为此打造的。如我们所见,宗教思想与政治经济一起发展,从萨满教(shamanism)和巫术,到祖先崇拜,再到拥有成熟原则的多神论和一神论宗教。宗教信仰与信徒团体的生存条件,必须发生明显的关联。自杀教派,或禁止其成员繁衍的教派,如震教徒(Shakers),就不会存活太久。所以很容易产生一种倾向,以物质条件来解说宗教,并视宗教为它的产物。

    然而,这是一个大错。既存的物质条件永远解释不了宗教。最明显的案例是中国和印度的对照。公元前第一个千年终止时,两个社会的社会结构非常相似,都有父系血统的家族和由此产生的政治模式。之后,印度社会转入弯路,唯一的解释是婆罗门宗教的兴起。该教形而上学的主张是非常复杂的,但要把它与当时印度北部的经济和环境条件挂起钩来,却是徒劳无益的。

    我描绘的众多案例中,宗教思想都在塑造政治结果方面扮演了独立角色。例如,在欧洲两个重要制度的形成中,天主教会曾发挥主要作用。6 世纪以来,日耳曼野蛮部落逐渐征服罗马帝国;但在颠覆日耳曼的亲戚团体产权结构上,天主教会是关键,更削弱了部落制本身。欧洲由此走出基于亲戚关系的社会组织,用的是社会手段,而不是政治手段,与中国、印度和中东截然不同。在 11 世纪,天主教会宣告独立自主,不受世俗政府的管辖,并将自己组织成现代的等级制度,推动全欧洲的法治。相似的独立宗教机构,也存在于在印度、中东和拜占庭帝国,但在促使独立法律的制度化上,都比不上西方教会。没有叙任权斗争及其后果,法治绝不可能在西方落地生根。

    没有案例显示,宗教价值是超越物质利益的。像印度的婆罗门和穆斯林社会的乌里玛,天主教会也是拥有物质利益的社会团体。教宗格里高利一世所颁布的遗产新法,似乎不是为了教义,而是为了私利;它鼓励把土地转让给教会,而不必留给亲戚团体。尽管如此,教会不只是简单的政治参与者,像当时支配欧洲的各式军阀。它无法将资源转换成军事力量,没有世俗政府的帮助,也无法从事掠夺。另一方面,它却可将合法性授予世俗的政治参与者。这件事,后者光凭自己是做不到的。经济学家有时谈起政治参与者如何“投资”于合法性,好像合法性是生产工具,像土地或机器。如要理解合法性,就一定要投入它的特殊语境,即人们对上帝、正义、人生、社会、财富、美德等的观念。

    人类价值和意识形态的最重要变化之一——平等的承认——发生于本卷所涵盖时期的结尾,可以说正是这一观念定义了现代世界。人类平等思想有很深的根源:学者如黑格尔、托克维尔和尼采,把现代的平等思想追溯到圣经中以上帝形象造人的说法。然而,享有同等尊严的人类小圆圈,其扩张速度是非常缓慢的,要到 17 世纪之后,才开始包括社会较低阶层、女性、种族、宗教等少数人群体等。

    从族团和部落层次的社会迈入国家层次的社会,在某种意义上,代表人类自由的一大挫折。与基于亲戚关系的前任相比,国家更为富饶,更为强大。但这财富和力量,却铸造了悬殊的等级差别,有的变成主人,更多的变成奴隶。黑格尔会说,在如此不平等的社会中,统治者获得的承认是有缺陷的,最终连自己也不满意,因为它来自缺乏尊严的人。现代民主的兴起为所有人提供自决机会,以承认相互的尊严和权利为基础。因此,它只是在更大更复杂的社会里,恢复当初迈入国家时所失去的。

    负责制政府出现,与相关思想的传播是分不开的。我们在英国议会的案例中看到,对英国人民权利的信仰是议会团结的根本,洛克式的天赋人权塑造了光荣革命。这些思想进而推动美国革命。我在此书呈现的负责制兴起的历史原因,似乎植根于政治参与者的物质利益,但我们必须同时考虑,确定政治参与者和集体行动范围的相关思想。

    政治发展的普遍机制

    政治制度的进化,大致可与生物进化媲美。达尔文的进化论以两项简单的原则为基石:变异和选择。有机体的变异,源于基因的随意组合;能更好适应环境的变种,则获得较大的繁殖成功,适应力较差的就要付出代价。

    以长远的历史观点看,政治发展遵照同一模式:不同人类群体所使用的政治组织发生了变异,较为成功的——能发展较强的军事和经济力量——得以取代较不成功的。在高层次的抽象中,很难想象政治发展还有他路可走。但先要弄清政治进化与生物进化的差异,其至少有三条。

    首先,在政治进化中,选择对象是体现在制度身上的规则,而生物进化中的选择对象是基因。尽管人的天性促进规则的制订和遵循,但不能决定其内容,所以会有内容上的极大差别。制度以规则为基础,将优势授予其生存的社会;在人类代理人的互动中,获选的是优势制度,淘汰的是劣势制度。

    其次,在人类社会中,制度的变异可按计划,可作商讨,不像基因变异那样随意。哈耶克强烈驳斥人类社会自觉设计制度的想法,将之追溯到后笛卡尔(post-Cartesian)的理性主义。他认为,社会中多数信息其实是本地的,无法获得中央代理人的理解。哈耶克论点的缺陷是,人类一直在社会各层次成功地设计制度。他不喜欢自上而下、集中的国家社会工程,但愿意接受自下向上、分散的制度革新,尽管后者仍是人为设计的。大规模设计的成功频率,可能低于小规模的,但确有发生。人类很难将意外结果和信息残缺纳入计划,但能作计划的事实表明,自觉建立的制度之变异,比简单的随机而变更有可能适应解决问题。不过,哈耶克仍是正确的,制度进化并不取决于人们设计制度的能力,单是变异和选择,便可取得适时应务的进化结果。

    最后,被选择的特征——政治进化中是制度,生物进化中是基因——借文化而获得传递,不靠遗传。就适应性而言,这既是优势,又是劣势。文化特征,如规范、习惯、法律、信念或价值,至少在理论上,可在一代人的时间获得迅速修改,如 7 世纪的伊斯兰教,或 16 世纪丹麦农民的扫盲。另一方面,人们偏爱将内在价值注入心智模型和由此建立的制度,导致制度的经久不衰。相比之下,生物有机体不会敬畏或膜拜自己的基因,如不能帮助生物的存活和繁殖,选择原则便会无情将之去掉。所以,制度进化既可快于也可慢于生物进化。

    与生物进化不同,制度可通过模仿而获得扩散。衰弱制度的社会,被强大制度的社会打败了,或干脆消灭了,但也有采纳“防御性现代化”的,从而引进竞争者的制度。17—19 世纪的日本德川幕府时期,治国的封建君主们从葡萄牙人和其他旅客处,很早就获悉火器的存在。但他们正处于长期的军火自我管制中,大家同意不引进火器,因为不想放弃传统的冷兵器战争形式。当美国海军准将马休·佩里(Matthew Perry)和他的“黑船”在 1853 年的东京湾露脸时,执政的精英知道,如果不想成为第二个中国,他们必须终止这种舒适的自我管制来取得美国人所拥有的军事技术。1868 年的明治维新之后,日本引进的不只是军火,还有新式政府、中央官僚体制、新教育制度和其他一系列制度,均借鉴于欧洲和美国。

    生物进化既是特别的,又是普遍的。特别进化是指物种适应了特殊环境,并作调整,如著名的达尔文雀(Finches)。普遍进化是指成功的物种跨越本地环境,而向外扩散。所以有大规模的普遍进化,从单细胞到多细胞的有机体,从无性繁殖到有性繁殖,从恐龙到哺乳动物等。政治发展也是如此。行为意义上的现代人类,大约在五万年前离开非洲,迁移到世界各地。他们努力适应遇上的不同环境,开发了不同的语言、文化和制度。同时,某些社会凑巧碰上能提供优势的社会组织。于是,也发生了普遍进化,从族团层次,转到部落层次,再转到国家层次的社会。国家层次社会中,组织较为完善的又击败或吸收组织较差的,使自己的社会组织获得传播和扩散。所以在政治制度的演化中,既有分流,也有汇集。

    跟生物进化一样,竞争对政治发展至关重要。如没有竞争,就不会有对制度的选择压力,也不会有对制度革新、借鉴、改革的激励。导致制度革新的最重要竞争之一是暴力和战争。经济生产力的增长,使族团层次向部落层次的过渡得以实现,但直接动机则来自部落社会动员人力的优势。第 5 章中,我讨论了国家原生形成的不同理论,包括经济自利、灌溉、密集人口、地理界限、宗教权威、暴力。虽然,所有因素都发挥了作用;但从自由的部落社会到专制的国家社会,此项艰难的过渡,更像是由保全生命而不是经济利益的需要促成的。浏览诸如中国、印度、中东和欧洲等地国家形成的历史记录,我们看到暴力再一次成了主角。它鼓励国家形成,还鼓励与现代国家相关的特别制度的建立。本章后面还会讲到,合作中遇到的某种问题,除了暴力,没有其他方法。

    处处是拱肩

    生物学家史蒂芬·古尔德(Stephn Gould)和理查德·列万廷(Richard Lewontin),在 1979 年的文章中,以建筑学上的拱肩(spandrel)来解释生物变异中的不可预知。拱肩是支撑圆屋顶的拱门背线与相邻直角形成的弧形区域。它不是建筑师故意设计的,而是其他精心计划的零件组装后留下的副产品。尽管如此,拱肩开始获得装饰,并随时间的推移而自成一格。古尔德和列万廷主张,有机体身上为某个原因而进化的生物特征,到后来,却能为完全不同的原因,提供适应的优势。

    拱肩(左上角)

    我们在政治进化中看到不少类似拱肩的东西。公司——一个有着与其组成人员清晰可分的身份并可以永久存在的机构——最初是作为宗教组织出现的,没有任何商业目的。天主教会支持女子的继承权,不是想增加女子权利——这在 7 世纪是不合时宜的——而是看上了强大家族手中的珍贵地产,认为这是很好的途径。如果说,教会领袖当时就预见,这将影响亲戚关系的整体,这是很可疑的。最后,忙于叙任权斗争的人,脑海中并没有浮现以独立司法限制政府的想法。当时,那只是一场道德和政治的斗争,为了争取天主教会的独立自主。然而在西方,宗教组织赢得的独立自主,经过长期进化,变成了司法部门的独立自主。法律的宗教基础被世俗来源所取代,但它的结构仍保持原样。所以说,法治本身就是一种拱肩。

    实际上,不同制度的历史根源,往往是一长列历史意外事件的产品,没人能够预测。这看起来令人泄气,因为当代社会无法经历同样事件来获得类似制度。但这忽略了政治发展中拱肩的作用,与制度的历史来源相比,制度的功能更为重要。一旦发现,其他社会可以完全出乎意料的方式来模仿和采纳。

    制度(机构)

    在本卷中,我一直使用亨廷顿对制度的定义,即“稳定、有价值、重复的行为模式”。至于被称作国家的那个制度或机构(the institution called the state),我不仅使用韦伯的定义(在界定的领土上合法行使垄断暴力的组织),还使用他对现代国家的标准(按专门技术和技能合理地分工;使用非人格化的用人制度,对公民行使非人格化的权威)。非人格化的现代国家,不管是建立还是维持,都很困难。家族化——基于亲戚关系和互惠利他的政治用人——是社会关系的自然形式,如果没有其他的规范和鼓励,人类就会回归。

    现代组织还有其他特征。亨廷顿列出四条标准来测量国家制度(机构)的发展程度:适应和僵硬,复杂和简单,自主和从属,凝聚和松散。这是指越善于适应、越复杂、越能自主和越凝聚的机构,其发展程度就越是成熟。善于适应的组织,可评估不断变化的外部环境,再修改其内部程序来应对。环境总在变化,所以善于适应的机构活得长久。英国的普通法系统,其法官因应新情形,不断在重新解释和延伸有关法律,就是善于适应的样板。

    成熟的机构更为复杂,因为它们有更大的分工和专业化。在酋邦或初期国家中,统治者可能同时又是军事长官、总教士、税务员和最高法院的法官。在高度发达的国家中,这些功能由各自为政的组织承担,它们负有特别使命,需要高度的技术能力。汉朝时期,中国已在中央、郡、地方层次派驻无数官僚机构和部门;虽然比不上现代政府,但与犹如君主家庭简单延伸的早期政府相比,却是一大进步。

    自主和凝聚是机构标准的最后两条,如亨廷顿指出的,它们密切相关。自主是指机构开发自觉的集团身份,不受社会其他力量的影响。在第 17 至 19 章讨论法治时,我们看到,法律对政府权力的约束,很大程度上取决于法庭所取得的制度性自治。这里的自治是指不受政治干涉,有权训练、雇用、晋升、惩罚律师和法官。自主与专业化也是紧密相连的,所以,它适宜被看作比较成熟的机构的特征。其他条件都相同的情况下,掌控自身内部升迁的军队,比将军是政治任命的军队,或将军是金钱买来的军队,更具战斗力。

    另一方面,凝聚是指政治系统中,不同组织的职责和使命都有明确的界定并被遵从。松散的政治制度中,很多组织参与政府行为,如征税和公共安全,但弄不清到底谁在负责。众多自治机构组成的国家部门,比众多从属机构组成的更有可能是凝聚的。在家族化社会中,领袖的家庭或部落成员,在各政府功能上享有重叠或暧昧的权力,或干脆为特殊个人设立特殊官位。忠诚比公共管理能力更为重要,这种情况迄今仍存在于很多发展中国家(甚至少数发达国家)。国家部门中的官方权力分工,与权力的实际分配不符,导致机构的松散。

    制度(机构)的四条标准隐含一个概念,即制度是规则,或是重复的行为模式,比任何掌管机构的个人,都要活得长久。先知穆罕默德,生前以自己的魅力使麦地那部落团结起来,但他没有为阿哈里发的继承留下任何制度。年轻的宗教勉强活过第二代的权力斗争,在很多方面仍在为当初的缺陷付出代价,那就是逊尼派和什叶派的大分裂。穆斯林世界中后来的成功政权,全都依靠制度的创建,像奥斯曼帝国的征募制,招募奴隶军,不依赖个人权力。在中国,皇帝实际上变成属下官僚和繁复规则的囚犯。领袖可塑造机构,而高度发达的机构,不仅比拙劣的领袖活得更长,更有训练和招募优秀领袖的制度。

    政治衰败

    制度之间的竞争促使政治发展,这是一个动态过程。与此对应的,还有一个政治衰败过程;彼时,社会的制度化越来越弱。政治衰败可在两种形式中发生。制度的建立最初是为了迎接特殊环境的挑战。那环境可以是物质的,如土地、资源、气候和地理,也可以是社会的,如对手、敌人、竞争者和同盟者等。制度一旦形成,倾向于长久存在。如上所述,人类天生偏爱将内在价值注入规则和心智模型。如果没有社会规范、礼仪和其他情感投资,制度便不成其为制度——稳定、富有价值、重复的行为模式。制度长存带有明显的适应价值:如果不存在遵循规则和行为模式的天性,就要不断举行谈判,会给社会稳定带来巨大损失。另一方面,就制度而言,社会是极端保守的;这意味着,促使制度成立的原始条件发生变化时,制度却做不到随机应变。制度与外部环境在变化频率上的脱节,就是政治衰败,就是反制度化。

    社会对现存制度的历代投资,导致双重失误:不仅没能调整过时的制度,甚至察觉不到已出毛病。社会心理学家称之为“认知失调”,历史上有无数这样的案例。某社会因优秀制度而变得更富裕,或在军事上更强大,其他竞争力较弱社会的成员,如想继续生存,就必须正确地把上述优势归因于根本性的制度。然而,社会的结果总有多种原因,总能为社会弱点或失败找出似是而非的狡辩。从罗马到中国,众多社会把军事挫折归咎于对宗教的不诚,宁可献上更多的礼仪和牺牲,也不愿全力以赴地重整军队。近代社会里,很容易把社会失败归咎于外国阴谋,不管是犹太人的,还是美帝国主义的,而不愿在自己制度身上寻找原因。

    政治衰败的第二种形式是家族制复辟。眷顾家人或互惠的朋友是自然的社会交往,也是人类互动的预设。人类最普遍的政治互动,发生在保护人和依附者之间,领袖以恩惠换取追随者的支持。在政治发展的某些阶段,这种政治组织曾是唯一的形式。但是,随着制度的演化,产生了新的规则,用人标准慢慢改为功能或才干——中国的科举制度、土耳其的征募制、天主教的教士独身制、禁止裙带关系的现代立法。但家族制复辟的压力始终存在。最初以非人格化原因聘入机构的人,仍试图将职位传给自己的孩子或朋友。制度遭受压力时,领袖经常发现自己必须做出让步以保证政治优势,或满足财政需求。

    这两种政治衰败,我们可看到很多例子。17 世纪前期,组织良好的满人在北方虎视眈眈,中国的明朝面对与日俱增的军事压力。政权的生存,取决于朝廷能否整顿资源,重建精兵,北上御疆。结果一无所成,因为政府不愿或不能增税。此时,政权与不愿承担更高税赋的精英,处于某种大家都觉满意的共存关系;疏于朝政的皇帝发现,比较容易的对策是让睡着的狗继续睡下去。

    家族制复辟是一种循环现象。中国西汉时期建立的非人格化官僚制度,逐渐受到贵族家族的侵蚀;他们试图为自己和后裔在中央政府中保留特权;这些家庭在后来的隋唐两朝仍得以支配中国的官僚机构。埃及的马穆鲁克和土耳其禁卫军先要求成家,再要求自己的孩子进入军事机构,从而破坏了非人格化的奴隶军制度。马穆鲁克一例是对 13 世纪晚期局势的回应,当时蒙古威胁逐渐减退,鼠疫频仍,贸易条件恶化。奥斯曼一例的起因是通货膨胀和预算压力,导致塞利姆一世和苏莱曼一世向土耳其禁卫军做出类似让步。天主教会禁止教士和主教成家以建立现代官僚制度,久而久之也发生故障;神职人员寻求圣职与圣俸的合一,使之成为世袭产业。在法国和西班牙则出现公开的卖官鬻爵,政府部门私有化,再由后裔继承。

    这两种政治衰败——制度僵化和家族制复辟——经常同时发生。现存制度的既得利益者,即家族化官僚,会极力阻止改革。如制度彻底崩溃,往往又是他们,凭借其荫庇关系网络出来收拾残局。

    暴力和功能失调的均衡

    我们除了指出制度长存的自然倾向,还可精确解释制度在适应环境时的姗姗来迟。任何一个制度或制度系统,即便在整体上提供诸如内部和平和产权等的公共服务,也一定会惠顾社会上某些群体,并以其他群体为代价。受惠顾的群体,可能在人身和财产方面感到更加安全,可能因靠近权力而收取租金,可能获得特别的承认和社会地位。这些精英组织在现存制度安排中享有既得利益,会尽力保护现状,除非自我分裂。使全社会获益的制度性变化,如征集土地税以应付外来威胁,仍会遭到组织良好的群体的否决,因为对他们而言,净得仍然是负数。

    经济学家很熟悉此种集体行动的失败。博弈理论家称之为稳定的均衡(stable equilibrium),因为没有一名参与者能从现存制度安排的变更中得到个人的好处。但从全社会的角度看,这个均衡是失调的。曼瑟尔·奥尔森认为,任何社会的既得利益群体,经过长年的累积,为保护其狭隘的特权,会组成寻租联合体(rent-seeking coalition)。他们的组织能力远胜过人民大众,所以后者的利益往往在政治制度中得不到代表。失调的政治均衡可借民主而获缓和。民主允许非精英,至少在理论上,获得更多的政治权力。但通常,精英和非精英的组织能力有云泥之别,从而阻止了后者的任何果断行动。

    寻租联合体阻止必要的制度变革,从而激发政治衰败;这样的例子不计其数。其经典案例就是法兰西王国,也是租金一词的发源地。其时,法兰西君主在两个世纪中,招诱大部分精英,而逐渐强大。招诱的形式是出卖国家功能的一小部分,之后变成世袭产业。像莫普和杜尔哥这样的改革部长,力图废除卖官鬻爵,却遭到既得利益者强有力的阻挠。卖官问题的解决,最终只有通过法国大革命时期的暴力。

    功能失调的均衡(dysfunctional equilibria)很早就出现在人类历史上。考古证据显示,族团层次社会早已掌握农业技术,但持续几代仍坚持狩猎采集。个中原因似乎又是既得利益者。平等的族团层次社会中,分享食物相当普遍,一旦出现农业和私人财产,就难以为继。定居下来的第一户,其生产的粮食必须与族团其他成员分享,反过来摧毁了转向农业的奖励。农业的生产效率,高于狩猎采集。所以,改变生产方式将使全社会更加丰裕,但会剥夺部分成员的免费享用。考古学家斯蒂芬·勒布朗认为,部分狩猎采集社会向农业社会的转变之所以缓慢,就是因为无法解决此类合作问题。

    所以,社会能否实施制度变革,取决于能否分化手握否决权的既得利益群体。有时,经济变化削弱现存精英,加强赞成改制的新精英。17 世纪的英国,与商业或制造业相比,地产的回报逐渐降低,从而使资产阶级在政治上获益,吃亏的是旧贵族。有时,新兴的社会参与者因新宗教的涌现而赢得权力,像印度的佛教和耆那教。宗教改革后,由于扫盲和圣经的广泛传播,斯堪的纳维亚的农民不再是毫无生气的一盘散沙。还有的时候,促成变化的是领袖意志和凝聚各无权群体的能力,像叙任权斗争中格里高利七世所组织的教皇派。实际上,这就是政治的精髓:领袖们能否借助权威、合法性、恐吓、谈判、魅力、思想和组织来实现自己的目标。

    功能失调的均衡可持续很久,由此说明,暴力为何在制度革新中扮演如此重要的角色。经典的看法认为,政治就是为了解决暴力问题。但有时,要把阻挡制度变革的既得利益者赶走,唯一办法却是暴力。人类对暴毙的害怕强于获利的欲望,由此激发在行为上的深远变化。我们已在第 5 章提到,很难同意经济动机(如实施大型水利工程)是国家原生形成的原因。相比之下,无休止的战争,或害怕较强群体前来征服,促使自由骄傲的部落成员走进集权国家,倒是入情入理的解释。

    中国历史上,家族化精英一直是现代国家制度形成的障碍,无论是在秦朝兴起时,还是在隋唐时的复辟期。秦朝方兴的战国时期,贵族带头的无休止战争,摧毁了自己阶层,为非精英军人进入政权打开大门。女皇帝武则天崛起于唐朝早期,清洗传统贵族家庭,促使较为广泛的精英阶层涌现。两次世界大战为 1945 年后走向民主化的德国提供了类似的帮助。它们清除容克贵族阶层(Junker),制度变革遂再无阻挡。

    尚不清楚,民主社会能否和平地解决此类难题。美国南北战争之前,南方少数美国人试图竭力保留他们的“特有制度”——奴隶制。只要在美国的西部扩张中,没有足够的自由新州加入以推翻南方的否决权,当时的宪法规则就允许奴隶制的存在。最终,冲突无法在宪政框架内得到解决,战争遂成为必须的选择,六十多万美国人因此而丧生。

    现代世界的规范和制度,在很多方面,已把暴力解决政治僵局的大门紧紧关上。没人期望或希望,非洲撒哈拉以南的国家为建立强大巩固的国家,也经历如中国和欧洲所体验的数世纪坎坷。这意味着,制度革新的责任将落在前述的非暴力机制上。不然,社会仍将遇上政治衰败。 幸运的是,国家、法治、负责制这三大基本政治制度得以锻造成功的旧世界,十分不同于当代世界。美国和法国革命以来的两个多世纪,世界经历了工业革命和大幅提高社会交往的技术革新。如今,政治、经济和社会三大组件在发展中的互动,大大不同于 1806 年之前。怎样的互动呢?那是本卷最后一章的主题。

    第 30 章 政治发展的过去和现在

    自 18 世纪以来,政治发展的条件发生剧烈变化;发展中的政治、经济、社会三个方面,及其在马尔萨斯式世界中的互动;在今天的互动;当代世界的期望

    亨廷顿在 1968 年发表《变化社会中的政治秩序》。他的中心见解是,政治发展有其独特逻辑,与经济和社会的逻辑既有关联又有差异。他认为,经济和社会的现代化一旦超越政治发展,政治衰败就会发生,因为现存政治制度无法容纳动员起来的新兴社会群体。他还认为,20 世纪 50 年代和 60 年代独立的发展中国家,之所以遭遇此起彼伏的政变、革命、内战,原因就在这里。

    有人认为,政治发展遵循自己的逻辑,未必是整体发展过程中的一部分,看待这个观点要以经典现代化理论为背景。该理论来自 19 世纪的思想家,如马克思、涂尔干、滕尼斯和韦伯。他们试图分析欧洲社会的工业化所引起的巨变。尽管彼此之间有很大差异,他们都倾向于主张,现代化是个整体,包括资本主义市场经济、随之而生的大规模分工、强大的集权官僚国家、亲密的村庄群体变为不近人情的城市群体、公共的社会关系变为个人的社会关系。所有这一切,在马克思和恩格斯的《共产党宣言》中汇聚。该宣言宣称,“资产阶级的兴起”改变了一切,包括劳动条件、全球竞争、最为私密的家庭关系。根据经典现代化理论,这些变化始于 16 世纪早期的宗教改革,在之后三个世纪得到迅猛的展开和传播。

    第二次世界大战前,现代化理论家移军美国,抢占地盘,像哈佛大学的比较政治系、麻省理工的国际研究中心、社会科学研究会的比较政治委员会。哈佛大学的比较政治系,由韦伯心爱的学生塔尔科特·帕森斯(Talcott Parsons)领军,希望建立跨学科的社会综合科学,将经济学、社会学、政治学、人类学冶于一炉。现代化理论家将强烈的规范化价值注入现代化本身,在他们眼中,现代化的好处总会一同到来。经济发展,亲戚团体瓦解,个人主义兴起,更高更包容的教育,价值观以“成就”和理性为方向发生规范性转变,世俗化,民主政治制度的发展;这一切被视为一个相互依赖的整体。经济发展将提供更好教育,导致价值观的改变,依次再促进现代政治,等等,从而取得无止境的良性循环。

    亨廷顿的《变化社会中的政治秩序》,在摧毁现代化理论方面起了重要作用。它强调,现代性的好处不一定相得益彰。尤其是民主,对政治稳定而言,不一定是好事。亨廷顿讲的政治秩序,相当于我在本书中所论的国家建设。他的发展策略,被称作“威权式过渡”(authoritarian transition),主张政治秩序优先于民主,该书因此而变得名闻遐迩。这也是土耳其、韩国、中国台湾、印尼所走的道路:先在威权统治下实现经济现代化,再在政治制度上开放民主竞争。

    本卷呈现的历史材料确证了亨廷顿的基本见解,即发展中的各方面应分开对待。如我们所见的,中国人早在两千多年前,就创造了韦伯式的现代国家,但没有法治或民主,更不用说个人的社会关系或现代资本主义了。

    此外,欧洲的发展又与马克思和韦伯的描述大相径庭。欧洲现代化的萌芽远早于宗教改革。我们曾在第 16 章看到,随着日耳曼野蛮人皈依基督教,脱离基于亲戚关系的社会组织,在中世纪黑暗时代便已开始。到 13 世纪的英国,自由买卖财产的个人权利,包括女性的财产权,已属根深蒂固。天主教会 11 世纪晚期与皇帝的争斗是现代法律秩序的根源。它建立欧洲第一个官僚化组织,以管理教会的内部事务。它一直被当作现代化的障碍而横遭诋毁。但从长远看,在推动现代化的关键问题上,它至少像宗教改革一样重要。

    所以,欧洲走向现代化,不是全方位的突飞猛进,而是几乎历时一千五百年的点滴改良。在这特有的次序中,社会中的个人主义可早于资本主义,法治可早于现代国家的形成,封建主义作为地方抵抗中央的顽固堡垒,可成为现代民主的基础。根据马克思主义的观点,封建主义是资产阶级上升之前的发展阶段。但在事实上,它主要是欧洲的独特制度。不能把它说成是经济发展的普遍过程,也不能期望非西方社会遵循相似的发展次序。

    然后,我们需要分别对待发展中的政治、经济、社会三个方面,弄清它们作为分立的现象,又是如何相互关联、如何周期性互动的。我们必须弄清此事,因为它们现在的相互关系的性质,与在马尔萨斯式世界的历史条件之下,已然十分不同。

    托马斯·马尔萨斯

    约在 1800 年后,随着工业革命的出现,世界发生了巨大变化。在那之前,生产力因技术革新而持续增长、进而促进经济发展的美事是靠不住的。事实上,它几乎不存在。

    但这并不表示,1800 年之前没有发生过生产力的大幅增长。农业、灌溉、铁犁、印刷机、远航帆船,都提高了人均产值。例如,公元前第三个千年和第二个千年之间,墨西哥特奥蒂瓦坎(Teotihuacán)的农业生产力因引进玉米新品种而增长两倍。那时所缺乏的是年复一年的生产力和人均产值的稳定增长。我们今天假设,电脑和互联网在五年后将获得巨大改进,这很可能是正确的。而中国西汉的农业技术,即基督诞生后不久,与 19 世纪沦为半殖民地之前的清朝的相比,则相差无几。

    图 7. 人均 GDP 水平比较:中国与西欧,400—2001 年(单位是 1990 年国际元)来源:麦迪逊(Maddison)(1998,2001,2003a)

    图 7 是西欧和中国在公元 400 年至 2001 年之间的人均产值估计。它显示,从公元 1000 年到 1800 年,西欧的人均收入在八百年期间逐步上升,之后却突飞猛进。同期的中国人均收入,几乎是停滞不前,但在 1978 年后腾飞,速度甚至超过西欧。

    1800 年后生产力大幅增长的原因,一直是研究发展的核心命题。首先是智识环境的巨变,促进了现代自然科学、实用科技、复式簿记、专利法和版权的涌现。最后两项又是鼓励不断创新的微观经济制度。注重最近两百年的发展是未可厚非的,但这阻碍了我们对前现代社会政治经济的理解。经济可以持续增长的假设,使我们重视有助于这种增长的制度和条件,如政治稳定、产权、技术和科研。另一方面,如果假设生产力的改进非常有限,社会就会陷入零和的世界,掠夺他人资源往往变成获得权力和财富的更佳途经。

    这个生产力低下的世界,因英国神职人员托马斯·马尔萨斯的分析,而引起世人的注意。他的《人口学原理》初版于 1798 年,其时他仅 32 岁。身为八个孩子之一的马尔萨斯认为,人口以几何级数增长(假设女子“自然”生育率是每人生育十五个小孩),而谷物生产以算术级数增长,这表示人均谷物生产只会下降。马尔萨斯还认为,农业效率可以提高,但从长远看,仍跟不上人口增长;实施道德限制,如晚婚和禁欲,可以帮助控制人口的增长(那是避孕尚不普遍的世界);但人口过剩问题的最终解决,还得依靠饥荒、疾病和战争。

    马尔萨斯的文章出现于工业革命前夕。如上所述,工业革命引发了 1800 年后生产力的惊人增长,尤其是在开发煤炭和石油的能量上。从 1820 年到 1950 年,全球的能源供应增长六倍,而人口仅增长一倍。随着现代经济世界的出现,马尔萨斯经济学遭到普遍贬斥,譬如说它的眼光短浅,对技术进步过度悲观。但是,如果说马尔萨斯的模式不能用于 1800—2000 年这段时期,它却可作为理解此前世界政治经济的基础。

    作为 1800 年前经济生活的一种历史描述,马尔萨斯模式必须作出重要调整。埃斯特·博塞鲁普认为,人口的增加和密集,不仅没有造成饥荒,反而促进了提高效率的技术革新。例如,埃及、美索不达米亚(Mesopotamia)和中国发展出了密集农业模式,实现了大面积灌溉、新高产作物培育和农业工具的改进。因此,人口增长本身未必是件坏事。食物供应量与死亡率并没有直接关联,除非在大饥荒时期。在抑制人口增长上,疾病一直比饥饿更为重要。如食物不够,人类不必死去,可以缩小身躯来降低对卡路里的需求。类似这样的情形似乎就在上一世代的朝鲜发生过,以应付广泛的饥荒。最后,除了人口过剩,本地环境的恶化也是人均谷物生产下降的原因。对人类社会来说,环境破坏不是什么新鲜事(只是今日的规模前所未有)。过去的社会曾杀尽大型动物、侵蚀表土、颠覆当地气候。

    经过上述修改的马尔萨斯模式可提供良好架构,帮助我们梳理工业革命前的经济发展。全球人口在过去一万年中有惊人增长,从新石器初期的大约六百万,到 2001 年的六十多亿,这是一千倍的增长。不过,增长的大部发生在 20 世纪;讲得更确切些,在 20 世纪的最后几十年。1820 年之前的经济增长大都是粗放型的,例如,开垦处女地、给沼泽排水、清除森林、填海造地等。新土地一旦得到开发,产量达到当时技术的限度,生活重又回归到零和。一人增加资源,他人必须削减,人均产量得不到持续增长。不管是世界整体还是本地居民,绝对增长之后便是停滞不前和绝对下跌。在全世界范围,人口因疾病而经历大幅度的滑坡。其中一次发生于罗马帝国末期,那时它面对野蛮部落的入侵、饥荒、瘟疫。另一次发生在 13 世纪,蒙古侵占欧洲、中东和中国,并把瘟疫带到世界各地。在 1200 年至 1400 年之间,亚洲人口从大约两亿五千八百万跌至两亿零一百万。在 1340 年至 1400 年之间,欧洲人口从七千四百万跌至五千二百万。

    如此缓慢的技术进步具有双刃特性。短期内,它改进生活水平,革新者为此而得益。但较多资源促成人口增加,从而减少人均产量。与革新之前相比,人类平均生活水平并没得到改善。所以,很多历史学家认为,从狩猎采集到农业社会的过渡,反而使人类生活越过越糟。虽然谷物生产的潜力大增,但人类的食谱更为狭窄,从而影响健康。他们为生产粮食消耗更多体力,居住在密集地域,为疾病的蔓延提供温床,等等。

    马尔萨斯式世界中的政治

    在零和的马尔萨斯世界,人的生存对政治发展有巨大的意义,也与今日的发展大相径庭。马尔萨斯式世界的人们虽有资源,但只有很少的投资机会,譬如促使经济持续增长的工厂、科学研究或教育。如想增加财富,最好走政治途径来从事掠夺,即强夺他人资源。掠夺有两种:享有强制权力的人,可通过征税或赤裸裸的偷窃,夺走社会其他成员的资源;或将社会成员组织起来,去攻击和偷窃邻近社会。为掠夺而组织起来,增强自己的军事或行政能力,往往比投资于生产能力更为有效。

    图 8. 马尔萨斯陷阱

    马尔萨斯认识到战争是限制人口的因素,但马尔萨斯的经典模式可能低估了战争在限制人口过剩中的重要性。它作为人口的控制机制,与饥荒和疾病互为表里,因为饥荒和疾病通常由战争引起。跟饥荒和疾病不同,掠夺是一种可以由人有意掌控、用以应付马尔萨斯式压力的手段之一。考古学家斯蒂芬·勒布朗指出,史前社会中的战争和暴力不断,原因就在于人口老是超越环境的支撑能力。换言之,多数人宁可打仗,也不愿挨饿。

    图 9 马尔萨斯条件下的发展

    马尔萨斯模式加以扩充后,看去就像图 8。像新作物或农具那样的技术进步,会暂时提高人均产量。但假以时日,这个增产会被人口增加或环境破坏所抵消,人均产量再一次降低。阻止贫穷的蔓延有四种主要机制:他们忍饥挨饿,体型变小;死于疾病;从事内部掠夺;向其他社群发起进攻(外部掠夺)。然后,人均产量又会上升,因为土地和粮食变得更为充沛,或因掠夺他人而致富。

    在没有持续技术革新的马尔萨斯式世界中,千万不要高估零和思想所占的主导地位。除了掠夺,还有很多大家都可得益的合作机会。农民和城镇居民开展贸易,便可增加大家的福利;政府提倡公共服务,如治安和互相防卫,会使政府本身和百姓都得到好处。事实上,掠夺要求紧密合作,这一事实又是发展政治组织的最重要动机之一。

    图 9 表明工业革命之前,马尔萨斯式世界中政治制度与经济发展的关系。集约型经济增长单独处于左上方,没有任何箭头指向它。集约型增长全靠技术进步,但这些进步不可预测,发生时间的前后往往又有很大间隔。对整个制度来说,那时的技术革新是经济学家所谓的外部因素,独立发生,与发展的其他任何方面无关。(博塞鲁普假设,与日俱增的人口密集周期性刺激技术革新,又使技术革新成为内在因素。但它和人口增长之间,又找不到预测或正比的关系。)所以,所发生的经济增长基本上是粗放型的,而不是集约型的。这表示,随着时间的流逝,总体的人口和资源有所增长,但不在人均基础上。

    马尔萨斯式世界中至关重要的政治制度是国家,它是取得粗放型经济增长的主要途径。强制能力——军队和警察——是开展外部掠夺(战争和征服)的资源,又可用于国内居民以保障统治者的掌权。反过来,通过征服或征税而获得的资源,又可转换成强制能力。于是,因果关系是双向的。国家提供基本的公共服务,如安全和产权,可提高经济生产力,但仅得一次——即奥尔森所解释的从流寇变成坐寇——但它无法促使生产力持续增长。

    国家权力受合法性的影响,法治和社会动员如要影响政治,全凭作为传送带的合法性。在大多数马尔萨斯式社会,合法性以宗教形式出现。中国、拜占庭帝国和其他政教合一的国家,从其控制的宗教权威那里获得合法性。在基于宗教的法治社会中,宗教将合法性赋予独立的法律秩序,后者再向国家颁发或拒绝法律上的批准。

    在马尔萨斯社会中动员新的社会群体,会比在当代世界遇上更多限制。在动员惰性社会参与者方面,宗教合法性扮演了很重要的角色,例如 7 世纪的阿拉伯部落和唐朝的佛道两教。罗马帝国时期,基督教在动员新兴精英上发挥了类似作用。在农业社会,宗教经常成为抗议的载体,以反对既有的政治秩序。所以,它不仅能提供合法性,还能制造不稳定。

    马尔萨斯式世界中,政治发展的可能性体现在两条主要途径上。第一条围绕国家建设的内部逻辑和粗放型经济增长。政治权力创造经济资源,后者回过来又创造更为强大的政治权力。这个过程自作循环,直到一个极点:对外扩张的政治体遇上物质上的极限,如地理或技术的;或碰上另外一个政治体;或两种情形的组合。这就是在中国和欧洲出现的建国和战争的逻辑。

    政治变化的第二条途径与合法性有关。它或者建立法治,或者授权给新兴的社会参与者,以影响国家权力。我所谓的印度弯路,其根源就是婆罗门宗教的兴起,它削弱了印度统治者仿照中国方式集中权力的能力。新兴的社会参与者一旦获得宗教授权,既可对国家权力作出贡献,如阿拉伯人;又可约束君主集权的尝试,如英国议会。

    在马尔萨斯式世界,变化的来源相对有限。国家建设的过程非常缓慢,在中国和欧洲都持续了好多世纪。它也避不开政治衰败,政体回到低层次的发展阶段,不得不再从头开始。新兴的宗教或意识形态不时出现,但像技术革新一样,有点靠不住,无法向现存制度提供持续的活力。此外,技术限制了人们和思想在世界上的迁徙和传播。中国秦始皇发明国家的消息,从没传到罗马共和国领袖的耳朵。只有佛教穿越喜马拉雅山脉,抵达中国和东亚其他地区,其他制度大多困顿于自己的出生地。基督教欧洲、中东和印度的法律传统都自我发展,很少相互影响。

    当代条件下的发展

    现在让我们考察一下,发展的不同方面在工业革命开始后如何互动。最重要的变化是持续性集约型经济增长的出现,从而影响了发展的几乎所有方面。粗放型经济增长继续出现,但在促进政治变化上,其重要性远远比不上人均产量。此外,民主加入国家建设和法治的行列,成为政治发展的组件。这在图 10 中获得说明。

    这些不同方面在当代世界的客观关联已有实质性的研究,可在下列关系中得到总结。

    图 10. 发展的诸方面

    国家建设和经济增长之间

    国家是集约型经济增长的基本条件。经济学家保罗·科利尔(Paul Collier)示范了该命题的反面,即国家崩溃、内战、国际冲突对经济增长的负面影响。20 世纪晚期,非洲的大部分贫穷都得归罪于国家的薄弱,以及不时发生的瘫痪和动乱。除了建立国家以提供基本秩序外,强大的行政能力与经济增长呈明显的正相关关系。当人均国内生产总值处于绝对低水平时(少于 1,000 美元),国家变得尤其重要。到了较高水平的收入,国家仍然重要,但其影响可能会发生不成比例的改变。已有很多文献,把良好统治与经济增长联在一起。“良好统治”的定义,因不同作者而各有差异,有时包括政治发展的三大组件。

    强大凝聚的国家和经济增长之间的关联早已确定,但相互的因果关系却并不很清楚。经济学家杰弗里·萨克斯(Jeffrey Sachs)认为,良好统治是内生的,不是经济增长的原因,而是它的成果。这听起来很有逻辑,因为政府是大开支。穷国腐败泛滥的原因之一是它们付不起好薪水,以致它们的公务员很难负担家用,所以趋于受贿。政府方面的开支,包括军队、通向学校的道路、街上的警察,在 2008 年的美国大约是人均 17,000 美元,在阿富汗却只有 19 美元。所以一点也不奇怪,阿富汗的国家远远比不上美国,或者,对之大笔援助只会制造腐败。

    另一方面,既有经济增长没能促成良好统治的案例,也有良好统治促成经济增长的案例。举韩国和尼日利亚为例。朝鲜战争之后的韩国,1954 年的人均国内生产总值低于尼日利亚,后者在 1960 年从英国手中赢得独立自主。在接下来的五十年中,尼日利亚的石油收入超过三千亿美元。然而,其人均收入却在 1975 年和 1995 年之间出现下跌。相比之下,同期的韩国经济每年增长 7% 到 9%,到 1997 年亚洲金融危机时,已成为世界上第 12 大经济体。这表现上的差异,几乎完全归功于韩国政府,它的治理成绩远远超过尼日利亚。

    法治和增长之间

    在学术文献中,法治有时被认作统治的组件,有时被认作发展的方面(我在本书的做法)。如第 17 章所指出的,与经济增长有关的法治,涉及产权和合同的强制执行。有大量文献显示,这个关联确实存在。大多数经济学家视之为理所当然,但不清楚,对经济增长来说,普遍和平等的产权是否必不可少。在很多社会中,稳定的产权只为精英而存在,也足以推动经济增长,至少在一段时间内。此外,像当代中国那样的社会,拥有“足够好”的产权,虽然缺乏传统法治,仍能取得很高水平的经济增长。

    经济增长和稳定民主之间

    社会学家李普塞特(Seymour Martin Lipset)在 20 世纪 50 年代率先注意发展和民主的关联。自那以后,出现了很多将发展与民主连在一起的研究。经济增长和民主之间的关系可能不是线性的——即更多的经济增长并不一定产生更多的民主。经济学家罗伯特·巴罗(Robert Barro)显示,低水平收入时的关联较强,中等水平收入时的关联较弱。有关发展和民主的最完整研究之一显示,从独裁到民主的过渡,可在发展的任何阶段发生,如果人均国内生产总值较高,遇上逆转的机会较小。

    经济增长似乎有助于民主的稳定,但逆向的因果关系却不大明显。这似乎很有道理,只要数数近年来取得经济增长惊人纪录的威权政治体——当初仍处于独裁统治的韩国和台湾地区,中国大陆、新加坡、苏哈托(Suharto)治下的印尼、皮诺切特(Augusto Pinochet)治下的智利。因此,凝聚的国家和良好的统治是经济增长的前提,民主是否发挥同样的正面作用,就有点含混不清。

    经济增长和社会发展(或公民社会发展)之间

    很多古典社会理论将现代公民社会的出现与经济发展联在一起。亚当·斯密在《国富论》中指出,市场增长与社会上的分工有关:市场一旦扩展,公司充分利用规模上的经济效益,社会专业更加精益求精,新兴的社会群体(如工人阶级)得以涌现。现代市场经济所要求的流动性和开放途径,打破了很多传统形式的社会权威,代之以更有弹性的自愿组合。分工愈细所造成的转型效果是 19 世纪思想家著作的中心思想,例如马克思、韦伯和涂尔干。

    社会动员和自由民主制之间

    自托克维尔开始,大量的民主理论认为,如果没有积极参与的公民社会,现代的自由民主制无法生存。组织起来的社会群体,允许形单影只的个人汇集各自利益,投身政治领域。即使不追求政治目标,志愿组织也会有意外效用,帮助培养在新奇环境中彼此合作的能力——通常被称为社会资本。

    上述的经济增长有助于自由民主,恐怕要通过社会动员的途径来生效。经济增长促使社会新参与者出现,随之,他们要求在更为公开的政治制度中获得代表权,从而推动向民主的过渡。如果政治系统已有很好的制度化,便可容纳这些新参与者,然后可有迈向全面民主的成功过渡。这就是 20 世纪的前几十年,随着农民运动和社会党的兴起,在英国和瑞典所发生的。这也是 1987 年军事独裁垮台后,在韩国所发生的。

    高度发展的公民社会也能成为民主的危险,甚至可以导致政治衰败。基于民族或种族的沙文主义群体会散播不容忍的偏见;利益群体会尽力追求零和的租金;经济冲突和社会冲突的极度政治化会使社会瘫痪,并破坏民主制度的合法性。社会动员也可导致政治衰败。政治制度拒绝社会新参与者的要求,即所谓的亨廷顿式过程,就发生于 20 世纪 90 年代和 21 世纪初的玻利维亚和厄瓜多尔,高度组织起来的社会群体一再罢免获选的总统。

    民主和法治之间

    民主的兴起和自由主义法治的兴起在历史上一直有密切关联。如我们在第 27 章所看到的,负责制政府在英国的兴起与保卫普通法不可分。越来越多的公民受到法治保护,这一向被视作民主本身的关键组成部分。这个关联在 1975 年之后的第三波民主化中继续有效,共产主义专政的垮台导致了代议民主制的兴起和立宪政府的建立,以保护个人权利。

    思想、合法性和发展的其他方面

    有关合法性的思想,其发展有自己的逻辑,但也受经济、政治、社会的发展的影响。如果没有在大英图书馆奋笔疾书的马克思,20 世纪的历史可能会相当不同,他对早期资本主义作了系统性的批判。同样,共产主义在 1989 年的垮台,多半是因为很少人继续信奉马列主义的基本思想。

    另一方面,经济和政治的发展影响了人们对思想合法性的认同。对法国人来说,人权的思想顺理成章,因为法国阶级结构已发生变化,还有 18 世纪晚期新兴中产阶级高涨的期待。1929—1931 年的金融大危机和经济受挫,破坏了部分资本主义制度的合法性,使国家干涉经济获得合法性。后来,大福利国家的兴起、经济停滞、由此而生的通货膨胀,为 20 世纪 80 年代保守派的里根—撒切尔(Reagan-Thatcher)革命打下基础。同样,社会主义无法兑现关于现代化和平等的诺言,在共产主义社会的居民眼中,反使自己名誉扫地。

    如果政府成功推动经济增长,也可获得合法性。很多迅速发展的东亚国家,如新加坡和马来西亚,即使没有自由民主制,也广受民众支持。相反,经济危机或管理不善所引起的经济倒退,可能动摇政府的稳定,如 1997—1998 年金融危机之后的印尼独裁政府。

    合法性也有赖于经济增长的好处分配。如果好处只给处于社会顶端的寡头小集团,没有得到广泛的分享,反而会动员社会群体奋起反对既有的政治制度。这就是波费里奥·迪亚斯(Porfirio Díaz)专政下的墨西哥。从 1876 年到 1880 年,再从 1884 年到 1911 年,他治下的国民收入得到迅速增长,但产权只适用于富裕精英,为 1911 年的墨西哥革命和长期内战创造了条件。其时,弱势群体为争取份内的国民收入而奋斗。最近,委内瑞拉和玻利维亚民主制度的合法性受到民粹领袖的挑战,后者的政治基础是穷人和先前遭到边缘化的群体。

    现代发展的范例

    发展的不同方面中有多重关联,这表示今天有很多潜在的路径通向现代化,其大部分在马尔萨斯式环境中是无法想象的。让我们以韩国为例,它的发展组件得到特别满意的聚合(参看图 11)。

    图 11. 1954—1999 年的韩国

    朝鲜战争结束时,韩国有相对强大的政府。它自中国继承了儒家的国家传统,并在 1905 年到 1945 年的日本殖民期间建成很多现代制度。朴正熙将军 1961 年通过政变上台。韩国在他的领导下,推行工业化政策,以促进经济的迅速增长(箭头 1)。韩国的工业化仅在一代人的时间,就将一个农业穷国改造成为主要的工业强国,并开启了新兴力量的社会大动员——工会、教会团体、大学生和其他传统社会所没有的民间参与者(箭头 2)。全斗焕将军的军政府因 1980 年的光州镇压而丧失合法性,这些新兴的社会团体开始要求军政府下台。在盟友美国的温和推动下,1987 年军政府下台,宣布了总统的首次民选(箭头 3)。经济的迅速增长和国家的民主过渡,帮助加强了政权的合法性。反过来,这又帮助韩国平安渡过 1997—1998 年的严重亚洲金融危机(箭头 4 和 5)。最后,经济增长和民主莅临都有助于韩国法治的加强(箭头 6 和 7)。

    在韩国的案例中,如现代化理论所表明的,发展中不同方面倾向于互相支持,彼此加强,尽管有明确的次序,如代议民主制和法治的开始,要等到工业化发生之后。韩国模式未必是普世的,通向现代化还有很多其他路径。在欧洲和美国,法治存在于国家巩固之前。在英国和美国,某种形式的民主负责制早于工业化和经济增长。中国迄今为止走的是韩国路径,但忽略了箭头 3、箭头 4、箭头 7。1978 年邓小平发动经济自由化时,中华人民共和国继承了毛泽东时代相当高效的国家。开放政策促使了未来三十年经济快速增长,数百万农民离开农村,来到城市参加工业就业,社会因此而发生巨大的变迁。经济增长帮助国家取得合法性,并建立公民社会萌芽,但没有动摇政治制度,也没有施加民主化的压力。此外,经济增长导致了法治的改善,因为中国试图将其法律制度提高到世界贸易组织所颁布的标准。中国未来的大问题在于,迅速发展所造成的社会大动员,会导致对更多政治参与的难以抑制的需求。

    什么变了

    马尔萨斯经济条件下的政治发展和工业革命以来的政治发展,两者的前景如果放在一起考察,可立即看到大量差异,关键是经济持续密集型增长的可能性。人均产量的增长,其所实现的不只是在国家手中注入更多资源。它还刺激社会的广泛转型,动员各式社会新力量,假以时日,将变成政治参与者。相比之下,在马尔萨斯式的世界中,社会动员非常罕见,要是有,大多源于合法性和思想。

    传统精英锁在寻租联合体之中,由此造成功能失调的均衡,社会动员是打破这种均衡的重要手段之一。丹麦国王能在 18 世纪 80 年代削弱既得利益的贵族的权力,全靠组织良好的有文化农民的涌现——这是世界历史上的新鲜事,以前只有失序动乱的农民起义。这是工业革命前的社会,动员来源是宗教,打起宗教改革和普遍脱盲的旗号。20 世纪 80 年代,韩国军队和商业精英对权力的掌控,因社会新参与者的出现而被打破。二战后韩国经济起飞时,这些新参与者几乎都尚未问世。政治变化因此而来到丹麦和韩国。丹麦的动员似乎是个意外——丹麦国王选择路德教——而韩国的动员却是马尔萨斯式世界中经济增长的结果,可以预测。在这两件案例中,社会动员在民主传播上都有良好影响,但在其他方面,也导致了政治不稳定。

    那时的政治发展与现在相比,另一重要差异是国际因素对国内制度的影响。本书所介绍的几乎所有故事,只涉及单一国家,以及国内不同政治参与者的互动。国际影响基本上是战争、征服、征服的威胁,偶尔还有横跨边界的宗教传播。其时的“跨国”机构,像天主教会和伊斯兰的阿拉伯帝国,在跨越政治边界传播《查士丁尼法典》或伊斯兰教法上,发挥了重要作用。此外,早期现代的欧洲人尝试重新发现古典的希腊和罗马,这属于跨代的学习借鉴。但从整个地球看,发展倾向于各自为政,按地理和地域而分。

    今天,情况已有很大不同。我们所谓的全球化,只是数世纪来持续开展过程的最新篇章,其间,与运输、通讯和信息有关的技术在不断蔓延推广。独立发展、几乎没有外界输入的社会,在今天是微乎其微。即使是世界上最隔离最困难的地区,像阿富汗或巴布亚新几内亚,也不能幸免。国际参与者以外国军队、中国伐木公司、世界银行经理的形式崭露头角,不管邀请与否。与以往所熟悉的相比,他们自己也感受到变化的加速。

    世界各社会的更大交融增加了互相竞争,其本身就足以制造更频繁的政治变化和政治模式的汇聚。特别进化——即新物种形成和增加生物多样性——发生时,有机体扩散进入明显不同的微型环境,互相之间又失去联系。它的反面是生物全球化,暂栖船舱底层的生物从一个生态区域迁徙到另外一个,可能是意外,也可能是故意。斑马贝、野葛、杀人蜂(Africanized killer bee)都与本土物种展开竞争。这一切,再加上竞争力最强的人类,已导致全球物种数量发生骤减。

    这也在政治领域中发生。任何发展中国家可以自由选择自己喜欢的发展模式,无须顾及本土的传统或文化。冷战时期,美国和苏联试图输出各自的政治和经济模式。到了今天,美国仍有促进民主的项目。此外,还有国家指挥的东亚发展模式和中国特色的威权主义。像世界银行、国际货币基金组织和联合国那样的国际机构,随时准备提供关于建立制度的建议,以及资源和技术上的支援,以帮助扩大生产能力。现代的后发达者在制度或政策上无须重新发明车轮。

    另一方面,坏事也得以轻易跨越边界——毒品、犯罪、恐怖主义、各式武器、不法资金等。全球化被称作“主权的黄昏”,这未免太夸张。但技术和增长的流动性,使国家很难在自己领土上执法、征税、规范行为、实施与传统政治秩序有关的其他操作。在大多数财富仍体现在土地上的时代,国家可对富裕精英施以相当大的影响。今天,财富可轻易逃至海外的银行账户。

    所以已不可能光谈“国家的发展”。在政治学中,比较政治和国际关系,在传统上被认为是明显的分支。前者涉及国内发生的事情,后者涉及国家之间的关系。但现在,这两个领域的研究越来越被当作一个综合体。我们如何到达这一步,政治发展如何在当代世界发生,都将是第 2 卷的主题。

    最终,社会并不受困于自己的过去。经济增长、社会新参与者的动员、跨边界社会的组合、竞争和外国模式的流行,都在提供政治变化的契机。在工业革命之前,这些政治变化要么不存在,要么颇受限制。

    然而,社会并不能在一代人时间内自由重组自己。全球化对世界各社会的整合,其程度很容易言过其实。社会之间交换和学习的水平远远超越三百年前,但大多数人继续生活在基于传统文化和习惯的环境中。社会惯性仍然很大,外国的制度模式虽比过去更加容易得到,但仍需要融入本土。

    必须以恰当的眼光看待本书关于政治制度起源的历史介绍。不应该期望,当代发展中国家必须重蹈中国和欧洲社会所经历的狂暴步骤,以建立现代国家;或现代法治必须以宗教为基础。我们看到,制度只是特殊历史情境和意外事件的产物,不同处境的社会很难予以复制。它们起源的偶然,建立它们所需的持久斗争,应让我们在接受建立当代制度的任务时,备感谦逊。如不考虑现有规则和愿意支持的政治力量,很难将现代制度移植入其他社会。建立制度不像建造水电大坝或公路网络,它需要克服很多困难。首先得说服大家制度变革是必需的;再建立支持者的同盟,以战胜旧制度中既得利益者的抵抗;最后让大家接受新行为准则。通常,正式制度需要新文化的补充。例如,没有独立的新闻界和自我组织的公民社会以监督政府,代议民主制将不会行之有效。

    孕育民主的环境和社会条件是欧洲的独特现象,立宪政体似乎因意外事件的环环相连,脱颖而出。但一旦出现,它造就的政治和经济体那么强大,以至在全世界得到广泛的复制。普遍的承认已成为自由民主制的基础,并指向政治发展的初期。其时,社会更加平等,容纳更广泛的参与。我注意到,与取而代之的国家层次社会相比,狩猎采集和部落的社会提供更多的平等和参与。平等尊敬或同等高贵的原则,一旦获得明确的阐述,就很难阻止人们提出此类要求。这可能有助于说明,人人平等的概念在现代世界的无情蔓延,一如托克维尔在《论美国的民主》中所提出的。

    今天的负责制

    如第 1 章所指出的,民主在世界各地未能得到巩固的原因,与其说是思想本身的呼吁不够,倒不如说是物质和社会条件的缺席,无法促使负责制政府出现。成功的自由民主制,既要有强大统一、能在领土上执法的国家,又要有强大凝聚、能将负责制职责强加于国家的社会。强大国家和强大社会之间的平衡方能使民主生效,不管是在 17 世纪的英国,还是在当代的发达民主国家中。

    欧洲早期现代的案例与 21 世纪初的情形之间有很多平行和对照。自第三波开始以来,欲巩固权力的未来威权领袖和希冀民主制度的社会群体,两者之间发生了频繁的斗争。

    图 12. 今天的政治权力

    这是很多苏联继承国的情形,后共产主义的统治者——通常来自前任执政党——开始重建国家,集大权于己身。这也是委内瑞拉、伊朗、卢旺达、埃塞俄比亚的情形。有些地方,像 2000 年之后普京治下的俄罗斯,或 2009 年总统选举之后的伊朗,这种做法得以成功,政治反对派联合不起来,无法阻止专制国家的建立。但在格鲁吉亚和乌克兰,动员起来的政治反对派抵制国家权力,至少在一段时间内获得胜利。在前南斯拉夫,国家彻底崩溃。

    早期现代欧洲的情形显然与 21 世纪初大不相同,但仍有集权化和社会抵抗的相似场景。今天有工会、商业团体、学生、非政府组织、宗教组织和其他社会参与者(参看图 12),以取代贵族、士绅、第三等级、农民。当代社会所动员的社会参与者,与我们研究的农业社会相比,更为广泛,更加多样。相关的政治分析,必须弄清国内外不同参与者的性质和凝聚程度。公民社会是否齐心合力和众志成城,或同盟中已有分裂?军队和情报部门是否忠于政权,或存在愿意与反对派谈判的温和路线派?政权的社会基础是什么,掌控怎样的合法性?

    今天的国际体系,与我们所研究的早期现代案例相比,对这些斗争有着更大的影响。反对派群体可从国外获得资金、训练、甚至偶尔的武器,而当局也可向志趣相投的盟国呼吁支持。此外,经济全球化提供财政收入的其他来源,如自然资源的出租或外援,从而允许政府避开自己的公民。国王和议会的征税争执不会在石油丰富的国家发生,可能解释了它们中极少民主政体的原因。

    未来会怎样

    就未来的政治发展而言,我们可提出迄今尚无答案的两个问题。第一个与中国有关。我从一开始就宣称,现代政治制度由强大的国家、法治、负责制所组成。拥有全部三条的西方社会,发展了充满活力的资本主义经济,因而在世界上占主导地位。中国今天在经济上迅速增长,但三条之中只拥有一条,即强大的国家。这样的情境能否长久?没有法治或负责制,中国能否继续维持经济增长,保持政治稳定?经济增长所引发的社会动员,到底是受控于强大的威权国家,还是激起对民主负责制的强烈追求?国家和社会的平衡长期偏向于前者,如此社会能否出现民主?没有西式的产权或人身自由,中国能否拓展科学和技术的前沿?中国能否使用政治权力,以民主法治社会无法学会的方式,继续促进发展?

    第二个与自由民主制的未来有关。考虑到政治衰败,在某一历史时刻取得成功的社会不会始终成功。自由民主制今天可能被认为是最合理的政府,但其合法性仰赖自己的表现。而表现又取决于维持恰当的平衡,既要有必要时的强大国家行为,又要有个人自由。后者是民主合法性的基础,并孕育私营经济的增长。现代民主制的缺点有很多,呈现于 21 世纪早期的主要是国家的软弱。当代民主制太容易成为僵局,什么都是硬性规定,无法作出困难的决策,以确保自己经济和政治的长期生存。民主的印度发现,很难整修自己行将崩溃的公共基础设施——道路、机场、供水和排污系统等——因为既得利益者借用法律和选举制度横加阻挠。欧盟的重要成员发现,显然已负担不起自己的社会福利,但无法作出削减。日本累积了发达国家中最高水平的公债,仍然没有采取措施,以消除经济中阻碍未来增长的僵硬。

    还有美国,它无法认真处理长期的财政难题,像健康、社会保障、能源等,似乎在政治上日益陷入功能失调的政治均衡。每个人都同意,必须解决长期的财政困境,但消弭赤字而必需的增税或削减开支,仍受到强大利益群体的阻挠。国家制度的设计基于相互制衡,使难题的解决变得尤其困难,加上美国人在意识形态上的僵硬,使之束缚于既定的对策范围。尽管出现这些挑战,美国不太可能重蹈法兰西王国的覆辙,即公职家族化。但它可能也是只有短期的权宜之计,推迟而不是避免最终的危机,像法国政府那样。

    现在回头看,制度的最初出现是为了历史上不确定的原因。其中某些存活并得以流传开来,因为它们能满足某种意义上的普遍需求。这就是为何制度在历史上得以互相结合,为何可以提供政治发展的概论。但制度的继续生存也涉及很多意外。一个人口中位年龄在二十几岁的迅速增长的国家,其政治制度卓有成效,但可能不适合三分之一公民已在退休年龄的停滞社会。如果制度无法适应,社会将面临危机或崩溃,可能被迫改用其他制度。不管是非民主政治制度,还是自由民主制度,它都一视同仁。

    但有重要理由相信,政治负责制的社会将胜过没有政治负责制的。政治负责制为制度的改善提供和平途径。中国政治制度在王朝时期一直无法解决的问题是“坏皇帝”,像武则天或万历皇帝。英明领导下的威权制度,可能不时地超越自由民主制,因为它可作出快速决定,不受法律和立法机关的挑战。另一方面,如此制度取决于英明领袖的持续出现。如有坏皇帝,不受制衡的政府大权很容易导致灾难。这仍是当代中国问题的关键,其负责制只朝上,不朝下。 我在卷首指出,这里所提供的制度发展的历史介绍,必须对照工业革命后的不同条件。在某种意义上,我已经重新洗过牌,以便直接解说和修正《变化社会中的政治秩序》所提出的问题。工业化发轫后,经济增长和社会动员取得极为迅速的进展,大大改变了政治秩序三个组件的发展前景。这将是我在第 2 卷解说政治发展时所用的架构。

  • 弗朗西斯·福山《政治秩序的起源》1

    序言
    第一部分 国家之前
    第 1 章 政治的必需
    第 2 章 自然状态
    第 3 章 表亲的专横
    第 4 章 部落社会的财产、正义、战争
    第 5 章“利维坦”的降临
    第二部分 国家建设
    第 6 章 中国的部落制
    第 7 章 战争和中国国家的兴起
    第 8 章 伟大的汉朝制度
    第 9 章 政治衰败和家族政府的复辟
    第 10 章 印度的弯路
    第 11 章 瓦尔纳和迦提
    第 12 章 印度政体的弱点
    第 13 章 军事奴隶制与穆斯林走出部落制
    第 14 章 马穆鲁克挽救伊斯兰教
    第 15 章 奥斯曼帝国的运作和衰退
    第 16 章 基督教打破家庭观念
    第三部分 法 治
    第 17 章 法治的起源
    第 18 章 教会变为国家
    第 19 章 国家变为教会
    第 20 章 东方专制主义
    第 21 章“坐寇”
    第四部分 负责制政府
    第 22 章 政治负责制的兴起
    第 23 章 寻租者
    第 24 章 家族化跨越大西洋
    第 25 章 易北河以东
    第 26 章 更完美的专制主义
    第 27 章 征税和代表权
    第 28 章 负责制或专制主义?
    第五部分 迈向政治发展理论
    第 29 章 政治发展和政治衰败
    第 30 章 政治发展的过去和现在

    序言

    本书有两个起源。第一,源于我的恩师哈佛大学的塞缪尔·亨廷顿(Samuel Huntington)请我为他 1968 年的经典之作《变化社会中的政治秩序》的再版撰写新序。①亨廷顿的著作代表了从宏观角度论述政治发展的新努力之一,也是我在教学中经常要求学生阅读的。它在比较政治学方面建立了甚多重要见解,包括政治衰败的理论、威权现代化的概念、指出政治发展是有别于现代化其他方面的现象等。

    我在写新序时觉得,《变化社会中的政治秩序》尽管很有启发,但确实需要认真的更新。它的成书时间距离非殖民浪潮席卷二战后的世界仅十年左右。它的很多结论反映了那一时期政变和内战所带来的极端不稳定。但自该书出版以来已发生很多重大变化,像东亚的经济奇迹、全球共产主义的衰退、全球化的加速,以及始于 20 世纪 70 年代亨廷顿所谓的“第三波”民主化。政治秩序在很多地方尚未到位,但在不少发展中地区却取得成功。返回该书的主题,将之用于今日世界,似乎是个好主意。

    我在思考如何修订亨廷顿思想时又突然省悟到,若要详细解说政治发展和政治衰败的起源,还有很多基本工作要做。《变化社会中的政治秩序》将人类历史晚期的政治世界视作理所当然。其时,国家、政党、法律、军事组织等制度(institutions,参见本书第 29 章“制度[机构]”一节的编者按)均已存在。它所面对的是发展中国家如何推动政治制度的现代化,但没有解释这些现代化制度在其发源地是如何成形的。国家并不受困于自己的过去,但在许多情况下,数百年乃至数千年前发生的事,仍对政治的性质发挥着重大影响。如想弄懂当代制度的运作,很有必要查看它们的起源以及帮助它们成形的意外和偶然。

    我对制度起源的关心又与第二份担忧紧密吻合,即现实世界中国家过于薄弱和最终失败的问题。自 2001 年 9 月 11 日以来,就政府濒临崩溃或不稳的国家,我一直在研究其国家和民族构建的难题。与此有关的更早努力,是我在 2004 年出版的《国家构建:21 世纪的治理与世界秩序》。②美国和广大的国际捐赠社区,大力投入世界各地的国家建设项目,包括阿富汗、伊拉克、索马里、海地、东帝汶、塞拉利昂、利比里亚。我本人也跟世界银行和澳大利亚国际发展署(AusAid)接洽,观察包括东帝汶、巴布亚新几内亚、印尼巴布亚省、所罗门群岛在内的美拉尼西亚(Melanesia)的国家建设问题。它们在建造现代国家方面遇到重大困难。

    譬如,如何将现代制度植入美拉尼西亚社会,如巴布亚新几内亚和所罗门群岛。该社会以人类学家所谓的分支世系制(segmentary lineage)组成部落,而分支世系是指共享同一祖先的群体,其中的亲戚人数少至几十,多至数千。这些群体在本地被称为一语部落(wantok),它是英文词语“一种话语”的洋泾浜变种,即操同一语言的人群。存在于美拉尼西亚的社会分裂颇不寻常,巴布亚新几内亚拥有超过九百种互不通用的语言,几乎占世界现存语种的六分之一。所罗门群岛的人口仅 50 万,却有超过七十种的独特语言。巴布亚新几内亚高地的多数居民,从没离开过出生地的小峡谷,他们生活在一语部落内,与邻近的其他一语部落互相竞争。

    美拉尼西亚

    一语部落接受头人(Big Man)的指挥,但没有一个人生来就是头人,也不能将之传给儿子。更确切地说,必须在每一代赢得该职。它不一定落在体力强壮者的头上,通常给赢得社区信任的人——以分配猪肉、贝壳货币和其他资源的能力为基础。在传统的美拉尼西亚社会中,头人必须时时小心,因为权力觊觎者可能就躲在背后。如果没有可供派分的资源,他就会失去其领袖地位。

    20 世纪 70 年代,澳大利亚准许巴布亚新几内亚独立,英国也承认所罗门群岛独立。它们都建立现代“威斯敏斯特”(Westminster)式政府,公民定期参加多党派的选举,以选出议会成员。在澳大利亚和英国,政治选择离不开中立偏左的工党和保守党(澳大利亚的自由党和英国的托利党)。总的来说,选民根据意识形态和政策来决定取向(譬如,他们要更多的政府保护,还是要更多的市场取向)。

    但这种政治制度被植入美拉尼西亚后,结果却一片混乱。原因在于,美拉尼西亚多数选民投票不看政治纲领。更确切地说,他们只支持自己的头人和一语部落。如果头人(偶尔是女头人)被选入议会,这位新议会成员将尽力运用自己的影响,将政府资源搬回自己的一语部落,向自己的拥护者提供学校费用、埋葬开支、建筑工程等。尽管有全国政府和主权象征,如国旗和军队,美拉尼西亚的居民中没几个觉得自己属于一个国家,或属于自己一语部落之外的社会。巴布亚新几内亚和所罗门群岛的议会中,没有凝聚的政党,只有大批单枪匹马的领袖,将尽可能多的猪肉带回自己狭小的拥护者团体。

    美拉尼西亚社会的部落制度限制了经济发展,因为它阻止现代产权涌现。在巴布亚新几内亚和所罗门群岛,95% 以上的土地属于所谓的惯例(customary)土地所有制。根据惯例的规则,财产是私有的,由亲戚团体以非正式形式(就是说没有法律文件)一起拥有。他们对土地享有单独和集体的权利,地产的意义不仅在经济上,还在精神上,因为死去的亲戚都葬于一语部落的土地,其魂魄仍在徘徊。一语部落中的任何人,包括头人,都无权将土地卖与外人。寻觅地产的开矿公司或棕榈油公司,必须与数百人谈判,有时甚至是数千人。此外,根据传统规则,土地产权不受时效法律的限制。

    在很多外国人的眼中,美拉尼西亚政治家的行为看来像政治腐败。但从传统部落社会的角度看,头人只是在履行头人历来的职责,那就是向亲戚分发资源。只是现在,他们不但拥有猪肉和贝壳货币,而且享有开矿和伐木权利的收入。

    从巴布亚新几内亚的首都莫尔兹比港(Port Moresby)起飞,几小时就可抵达澳大利亚的凯恩斯(Cairns)或布里斯班(Brisbane)。在某种意义上,这一航程跨越了几千年的政治发展。在思考美拉尼西亚的政治发展时,我开始考虑:社会如何从部落层次过渡到国家层次,现代产权如何从惯例产权中脱颖而出,倚靠第三方执法的正规法律制度如何问世。美拉尼西亚社会从没见过正规的法律制度。如果想得更远,认为现代社会已远远超越美拉尼西亚,依我看来可能只是夜郎自大,因为头人——将资源派分给亲戚和拥护者的政治家——在当代世界依然到处可见,包括美国国会。如果政治发展的涵义就是脱离家族关系和人格政治,那我们必须解释,为何这些行为仍在多处幸存,为何看似现代的制度往往要走回头路。

    在《变化社会中的政治秩序》中找不到有关答案,这段历史需要认真的梳理,以重温亨廷顿的主题。

    因此就有了现在这本书,考量政治制度的历史起源和政治衰败的过程。这是两卷中的第 1 卷,涵盖从前人类时期到美法革命前夕的政治发展。本书与过去有关——事实上,它并不始于有记载的人类历史,而是人类的灵长目祖先。它的前四个部分讲述人类史前史、国家起源、法治、负责制政府。第 2 卷会一直讲到今天,特别关注非西方社会在追求现代化时受到西方制度的影响,然后再解说当代世界的政治发展。

    阅读本卷时需要预先掂量第 2 卷的内容。我在本卷最后一章中讲得很清楚,现代世界的政治发展所遇到的条件,与 18 世纪晚期之前的截然不同。工业革命发轫后,人类社会退出了直到那时一直所身历的马尔萨斯式处境(Malthusian conditions),一种新动力被注入社会变化的进程,造成了巨大的政治后果。本卷读者可能觉得,这里叙述的漫长历史进程意味着,社会会受困于自己的历史;但实际上,我们今天生活在非常不同且动力多样的环境下。

    本书涵盖众多社会和历史时期;我也使用自己专长之外的资料,包括人类学、经济学、生物学等。为了从事如此广泛的研究,我不得不几乎全然依靠二手资料。尽管我尝试让这些资料承受尽可能严密的专家过滤,但我仍可能犯了事实和解释方面的错误。对深入研究特定社会和历史时期的专家来说,本书很多单独章节是不够格的。但我认为,以比较方式作跨越时间和空间的考量,本身似乎就是一种美德。若全神贯注于特定题材,往往会看不清政治发展的大模式。

    第一部分 国家之前

    第 1 章 政治的必需

    第三波民主化,时人对自由民主制前景的担忧;左右两派憧憬政府消亡,发展中国家却在身受其害;我们视各式制度为理所当然,但对其来龙去脉却一无所知

    1970 年到 2010 年的 40 年间,世界上民主国家的数量经历一次高涨。1973 年,世界 151 个国家中,被“自由之家”(Freedom House)评估为自由国家的仅 45 个。自由之家是一家非政府机构,每年就世界各国的公民权和政治权提供量化评选。该年,西班牙、葡萄牙、希腊是独裁政权;苏联和其东欧卫星国仍显得强大和凝聚;中国正卷入毛泽东的“文化大革命”;一群腐败的“终身总统”正在非洲巩固他们的统治;大部分拉丁美洲处于军人独裁之中。到了下一代,人们亲眼目睹巨大的政治变化。民主制和市场导向的经济,在中东阿拉伯之外的世界各地蓬勃兴起。20 世纪 90 年代后期,约有 120 个国家——占世界独立国家总数的 60%——成为民主制。这一变化,即是亨廷顿所讲的第三波民主化。自由民主制作为预设,已成为 21 世纪初普遍接受的政治景观。

    潜行于体制变化之下的,是社会的一大转型。世界上一度消极的千百万民众组织起来,参与他们各自社会的政治生活,其结果是朝民主制的大幅转向。此次社会大动员,背后有众多因素:广为普及的教育,使民众意识到自我和周遭的政治环境;信息技术,使思想和知识得到迅速传播;廉价的旅行和通讯,让民众得以用脚来参与选举,特别在对政府不满时;经济繁荣,诱发民众渴望获得更齐全的保障。

    第三波在 20 世纪 90 年代后达到顶峰。21 世纪第一个十年则出现“民主衰退”。参与第三波民主化的国家中,约有五分之一,不是回复到威权主义,就是看到其民主制度遭受严重侵蚀。自由之家提及,2009 年是世界自由程度连续下跌的第四年,这是其自 1973 年创办自由度测评以来的首次。

    政治焦虑

    21 世纪第二个十年伊始,民主世界出现若干形式的病状。第一种焦虑,取得民主进展的某些国家出现彻底逆转,如俄罗斯、委内瑞拉、伊朗。其民选领袖忙于拆除各式民主机构、操纵选举、关闭或鲸吞独立的电视和报纸、取缔反对派的活动。自由民主制不仅仅是在选举中获得多数;它由一套复杂制度所组成,通过法律和制衡制度来限制和规范权力的行使。很多国家,虽然正式接受民主合法性,却在系统性地取消对行政权力的制衡,并对法律发起系统性的侵蚀。

    第二种焦虑,那些似乎走出威权政府的国家,却又陷入政论家托马斯·凯罗塞斯(Thomas Carothers)所谓的“灰色地带”,既非完全威权,也非货真价实的民主。苏联的许多继承国家,如中亚的哈萨克斯坦和乌兹别克斯坦,即如此。1989 年柏林墙倒塌之后有个普遍假设:几乎所有国家将过渡成民主制,而民主实践中的种种挫折会随着时间的推移而获得逐一克服。凯罗塞斯指出,该“过渡模式”的假设是靠不住的,很多威权精英阶层无意建立削弱自身权力的民主制度。

    第三种焦虑,无关乎政治制度能否走向民主化或保持民主化,而关乎它们能否向民众提供所需的基本服务。拥有民主制度这一事实,并不表明其治绩的优劣。未克履行民主所允诺的好处,可能是民主制度所面临的最大挑战。

    乌克兰就是一个案例。2004 年,它给世人带来惊奇,成千上万的民众涌向基辅的独立广场,抗议总统选举的不公。这一系列抗议被称为橙色革命,引发新一轮选举,导致改革家维克托·尤先科(Viktor Yushchenko)当上总统。然而一旦当权,橙色联盟却一无是处,尤先科辜负支持者的期望。政府内部争吵不已,无法应付乌克兰的严重腐败,在 2008—2009 年的全球金融危机中,治下的国民经济陷入崩溃。2010 年初,当选为新总统的是维克托·亚努科维奇(Viktor Yanukovich)。而 2004 年被指控操纵选票、企图窃取选举成果从而触发橙色革命的,恰是此人。

    困扰民主国家的,还有许多其他的治理失误。众所周知,拉丁美洲是世界上贫富最悬殊的地区。那里,阶级等级往往等同于族裔。其民粹领袖的上升,如委内瑞拉的乌戈·查韦斯(Hugo Chávez)和玻利维亚的埃沃·莫拉莱斯(Evo Morales),与其说是不稳定的起因,倒不如说是不均的症状。很多人觉得,名义上是公民,但在现实中却横遭排挤。持久的贫穷经常滋生其他社会功能的失调,如帮会、毒品交易、普通百姓的不安全感。在哥伦比亚、墨西哥、萨尔瓦多,有组织的犯罪活动威胁国家本身和其基本制度。不能有效处理这些难题,民主制合法性便会受到破坏。

    另一案例是印度。自 1947 年独立以来,它一直维持颇为成功的民主制——考虑到其贫穷程度、种族和宗教的多元、幅员的广袤,此成就尤为惊人。(如以更长远的历史眼光来看待印度的政治发展,将会减少我们的惊异。这是本书第 10—12 章的主题。)但印度的民主,就像香肠的制作,越是近距离观察,其吸引力越是下降。举例来说,几乎三分之一的印度立法委员,现正遭受各式的犯罪起诉,有些甚至是重罪,如谋杀和强奸。印度政治家经常从事公开的政治交易,以政治恩惠来交换选票。印度民主的烂搅难缠,令政府在重大的基础设施投资上很难做出决策。印度众多的城市里,在漂亮耀眼的高科技中心旁,往往可见非洲式的贫穷。

    印度民主明显的混乱和腐败,经常与中国快速和有效的决策形成强烈对比。中国统治者不受法治或民主责任的牵制:如想建造大水坝、拆除旧居以造高速公路或机场、实施即时的经济刺激,他们的速度远远超过民主的印度。

    第四种政治焦虑与经济有关。现代全球资本主义,证明是高效的。其创造的财富,远远超越生活在 1800 年前任何人的梦想。自 20 世纪 70 年代的石油危机以来,世界经济几乎翻了四倍。由于贸易和投资的开放政策,亚洲人口的大部已挤入发达国家的行列。但全球性资本主义仍未找到避免大幅波动的良方,尤其是金融业。金融危机定期折磨全球的经济增长,20 世纪 90 年代初是欧洲,1997—1998 年是亚洲,1998—1999 年是俄罗斯和巴西,2001 年是阿根廷。可说是罪有应得,此种危机最终在 2008—2009 年击中全球资本主义的老窝——美国。为促进持续的增长,自由的市场很有必要,但它不善于自动调节,特别在涉及银行和其他大型金融机构时。制度的不稳定最终仍属政治上的失败,即未能在国家和国际层次上提供恰当的管制。

    这些经济危机的累积,未必减弱把市场经济和全球化当作引擎的信心。中国、印度、巴西和其他所谓的新兴市场国家,凭借对全球性资本主义的参与,在经济上继续表现良好。但显而易见,开发恰当的管制以驯服资本主义的大幅波动,这一政治工作尚未完成。

    政治衰败

    就民主前景而言,上述情形涉及另一种紧急但又常被忽略的焦虑。政治制度的发展通常是缓慢和痛苦的,必须经历漫长岁月。人类社会一直在努力组织起来,以征服自己所处的环境。政治制度一旦无法适应不断变化的环境,便会发生政治衰败。制度的保存自有规律。人类是循规蹈矩的生物,生来就倾向于遵守身边的社会规则,并以超越的意义和价值来加固那些规则。周围环境改变时,便会出现新的挑战,现存制度与即时需求便会发生断裂。既得利益者会起而捍卫现存制度,反对任何基本变化。

    美国政治制度可能正面临其适应能力的重大挑战。美国制度基于这样一种信念:集中的政治力量对公民的生命和自由构成了朝不虑夕的危险。因此,美国宪法设有广泛的相互制衡,使政府的某些部门得以防范其他部门的暴政。迄今为止,这个制度表现良好。因为在历史关键时刻,当强大政府是不可或缺时,其政治领导最终能达成共识,取得胜利。

    很不幸,没有机制上的保障能够确保美国制度既防范暴政,又在必要时按照初衷来顺利行使国家权威。后者取决于对政治目的达成社会共识,这恰是最近几年来美国政治生活中所缺乏的。美国现在面对一系列巨大挑战,大部分与其长期财政困境有关。过去一代,美国人把钱花在自己身上,没有缴纳足够的税款。宽松的信贷,以及家庭和政府的超支,无疑是雪上加霜。长期的财政亏空和对外负债,威胁美国在世人眼中的国力根基。其他国家的地位,如中国,则获得相对拔高。

    这些挑战,如采取痛苦和适时的行动,没有一项是无法克服的。美国的政治制度本应促进共识的形成,现在反而加剧挑战的艰巨。国会两极分化,令法案的通过变得异常困难。国会中最保守的民主党人,仍比最开明的共和党人更偏向自由派,这是现代史中的首次。以 10% 或更少选票当选的国会议员席位,19 世纪末仍有将近 200 名,持续下降至 21 世纪初,仅剩 50 余名。此类席位,往往是两党争夺的主要对象。两大政党在意识形态上变得更加物以类聚,审慎的辩论日益退化减少。这种分裂并非史无前例。但在过去,强势的总统总是能够驾驭此类分裂。而近来,则未见强大能干的总统。

    美国政治的未来,不仅依赖政治,而且依赖社会。国会的两极化反映了一大趋势,即美国的社区和地域正在日益同质化。美国人选择在何处居住,从而在意识形态上自我排队。跟志趣相投的人共处,这一倾向因媒体而获得增强。交流途径的多样化,反而减弱了公民的共享经历。

    国会的左右两极化、既得利益团体的成长和力量,都在影响美国政治制度应付财政挑战的能力。工会、农产企业、制药公司、银行、大批有组织的游说团,经常对可能损害其经济利益的法案行使有效的否决权。民主国家里,公民保护自己利益完全合理,也属预计之中。但到一定程度,此类保护将化作索求特权,大家的利益都变得神圣不可侵犯,社会为此而陷入困境。这解释了左右两派高涨的民粹主义愤怒,这种愤怒又进一步推动两极化,更反映出社会现实与国家原则的不协调。

    美国人抱怨美国受制于精英和利益团体。这反映了从 20 世纪 70 年代到 21 世纪初,收入和财富的不均在与日俱增。不均本身,不是美国政治文化中的大问题。美国强调机会均等而非结果均等。如人们相信,通过努力工作,他们和自己的孩子仍有公平机会获得成功,而富人是按规则取得成功的,那么如此制度仍是合法的。

    然而在事实上,美国世代流动性的比率大大低于众多美国人所相信的,甚至低于传统上被认作僵化和等级分明的其他发达国家。日积月累,精英们得以钻政治制度的空子,以保护自己的地位。他们向海外转移财产来避税,通过精英机构的优惠途径将优势传给下一代。该伎俩的大部在 2008—2009 年金融危机期间暴露无遗。人们痛苦地发现,金融服务业的报酬与其对经济的实际贡献没有直接关联。该行业动用相当大的政治力量,在前十年想方设法废除有关的管制和监督。金融危机发生后,它仍在继续抵抗新的管制。经济学家西蒙·约翰逊(Simon Johnson)指出,美国金融寡头的力量无异于新兴市场国家中的类似团体,如俄罗斯或印尼。

    没有自动机制可使政治制度适应不断变化的环境。因应不良,即政治衰败的现象,会在本卷的后半部得到详细介绍。埃及的马穆鲁克王朝没有较早接纳枪械以应付外国威胁,这并不是非发生不可的。最终击败他们的奥斯曼帝国,就这样做了。中国明朝皇帝没向老百姓征收足够税金以支撑一支强大的抗满军队,这也不是无可避免的。两件案例中的症结,都是现存制度的巨大惯性。

    社会如不能通过制度上的认真改革,以应付重大的财政危机,像法兰西国王在 1557 年无力偿还“大借款”(Grand Parti,编按:此指 1555 年,法兰西国王亨利二世为支付战争开销,向里昂银行家大举借贷一事)后所做的,它就会倾向于采取短视的补救,最终却腐化自己的制度。这些补救屈服于各种既得利益者,即法国社会中有财有势的人。国家预算不平衡,导致破产和国家本身非法化,这一历史过程以法国大革命告终。

    美国的道德和财政危机还没到达法兰西王国的地步。危险的是,其处境将会继续恶化,直到某种强大力量彻底打破这当前功能失调的制度均衡。

    无政府幻想

    我们对未来的甚多焦虑,如俄罗斯退回威权、印度腐败、发展中国家政府衰败、当代美国政治受制于既得利益者,均可用一条共同线索串起,那就是如何建立和维持有效的政治制度,虽然强大,但遵守规则,又承担责任。这么明白的道理,看上去像是任何四年级小学生都认可的。然而,想得更深一步,这又是很多聪明人迄今尚没弄清的。

    让我们以第三波的退潮和 21 世纪初世界上发生的民主衰退开始。我认为,当前我们对民主传播的失败感到失望,其原由不在思想这个层次。思想对政治秩序极其重要,它是政府的合法性被接受的基础,它能够凝聚人心,并使民众愿意服从政府的权威。柏林墙的倒塌标志共产主义的破产,共产主义曾是民主制的主要竞争者。自由民主制因此成为被最广泛接受的政府形式,获得快速的蔓延。

    时至今日,这仍是事实。用阿马蒂亚·森(Amartya Sen)的话说,民主制仍是“预设”:“民主尚未获得普遍的实践,甚至未被普遍接受。但在世界舆论的大气候中,民主制已获得被视作基本正确的地位。”世界上很少人公开钦佩弗拉基米尔·普京的石油民族主义、乌戈·查韦斯的“21 世纪社会主义”、马哈茂德·艾哈迈迪-内贾德的伊斯兰共和国。没有重要的国际机构将民主制以外的任何东西认作是公平合理的统治形式。中国迅速的经济增长,刺激了他人的忌妒和兴趣。但它的威权主义模式,不易解释清楚,更少被其他发展中国家轻易模仿。现代自由民主制享有如此威望,以致今日的威权政客,为了合法也必须上演选举,宁可躲在幕后操纵媒体。事实上,不但极权主义从地球上消失,连威权政客也往往假扮成民主人士来称颂民主制。

    民主的失败,与其说是在概念上,倒不如说是在执行中。世界上大多数人极向往这样的社会:其政府既负责又有效,民众需要的服务能获得及时和高效的满足。但没几个政府能真正做到这两点,因为很多国家的制度衰弱、腐败、缺乏能力,甚至根本不存在。世界上的抗议者和民主倡导者,不管是南非和韩国的,还是罗马尼亚和乌克兰的,他们的激情足以带来“政权更替”,使威权政府蜕变成民主制。但如没有漫长、昂贵、艰苦、困难的过程来建设相关的制度,民主制是无法成功的。

    有一种奇妙的想法,对政治制度的重要性视而不见,这几年来影响很多人。他们憧憬超越政治的世界,这种憧憬,不专属于左派或右派,他们各有自己的版本。共产主义之父卡尔·马克思的预测广为人知:无产阶级革命夺取政权后,私人财产废除,“国家消亡”。自 19 世纪的无政府主义者以来,左翼革命家认为,摧毁旧权力机构即已足够,没去认真思考何以代之,这项传统延续至今。反全球化的学者,如迈克尔·哈特(Michael Hardt)和安东尼奥·奈格里(Antonio Negri),建议削减国家主权,代之以互联的“群体”(Multitude),以铲除经济上的不公平。

    现实世界中的共产党政权,恰恰做了与马克思预测相反的事。它们建立庞大且暴力的国家机器,如民众不是自觉自愿,就逼迫他们参与集体行动。这影响了整整一代的东欧民主活动家。他们憧憬心目中的无政府社会,让动员起来的公民社会来取代传统的政党和集权政府。这些活动家随后对无情的现实感到失望,因为没有制度,社会便无从治理,而建造制度又必然需要令人厌烦的妥协。共产主义垮台后的数十年,东欧是民主的,但对其政治或政治家来说,却不一定感到满意。

    右派中最流行的无政府幻想认为,市场经济令政府变得无关紧要。20 世纪 90 年代的网络繁荣期间,参照花旗银行前首席执行官沃尔特·利斯坦(Walter Wriston)的口吻,很多狂热者主张世界正在经历“主权的黄昏”。新兴的信息技术在挑战传统上由国家掌控的政治权力,使边界变得不易管辖,使规则难以执行。互联网的上升,导致电子边疆基金会(Electronic Frontier Foundation)的约翰·巴洛(John Barlow)等活跃分子发布“网络空间的独立宣言”。它通告工业化世界的政府:“在我们中间,你们不受欢迎。我们聚集的地方,你们没有主权。”全球性资本主义,将以市场的主权取代民主制的主权。如果某国议院采用严格条例限制贸易,它将受到债券市场的惩罚,最后还是被迫改用全球资本市场所认可的合理政策。无政府幻想总能在美国找到同情听众,因为美国政治文化的常数就是对政府提高警惕。各式的自由至上主义者(Libertarian),不仅要缩减蔓生的福利计划,甚至要废除像联邦储备委员会和食品与药品管理局这样的基本机构。

    认为现代政府变得臃肿,因而限制经济增长和个人自由,这非常合理。抱怨官僚作风冷漠、政客腐败、政治中不讲原则,也绝对正确。但在发达国家,我们视政府的存在为理所当然,以致忘记它们有多重要、重建它们有多难、缺乏基本政治制度的世界会有多大的不同。

    我们不但视民主为理所当然,还把政府提供的基本服务当作理所当然。我居住多年的弗吉尼亚州费尔法克斯县是美国最富的县之一,位于华盛顿特区郊外。每年的冬天风暴过后,由于季节性的结冰和解冻,县公路上便会出现坑坑洼洼。但在春天结束之前,那些坑洼都得到神奇的填补,无须担心在坑洼里撞断自家汽车的底轴。如没有填补,费尔法克斯县的居民会变得愤怒,会抱怨地方政府的无能。没人(除了政府专家)停下来思忖哪个政府部门在尽此职责。它复杂,但却是看不见摸不着的。也没人停下来问,为何接壤的哥伦比亚特区却需要较长时间来填补坑洼,为何很多发展中国家从不填补它们道路上的坑洼。

    实际上,左右派梦想家所想象的最小政府或无政府的社会,并非只是海市蜃楼,其确实存在于当代的发展中国家。非洲撒哈拉以南的很多地方是自由至上主义者的天堂。该地区大体上都是低税收的乌托邦,政府征收的税金通常不超过国民生产总值的 10%。相比之下,美国超过 30%,部分欧洲国家占 50%。如此低的税收,与其说释放工商创业的热情,倒不如说导致政府资金异常短缺,无法提供健康、教育、填补道路坑洼之类的基本公共服务。现代经济所依据的基础设施,例如道路、法庭、警察,在这里不见踪影。自 20 世纪 80 年代晚期以来,索马里就缺乏强大的中央政府。普通人不但可拥有突击步枪,还可拥有火箭推进榴弹、防空导弹、坦克。民众有保卫自己家庭的自由,但他们是别无选择。尼日利亚生产的电影,数量可与印度闻名的宝莱坞媲美。但必须尽快赚回报酬,因为政府无力保障知识产权,无法避免其产品的非法复制。

    发达国家的民众视政治制度为理所当然。这习惯可见证于 2003 年美国入侵伊拉克的善后计划,或善后计划的缺乏。美国政府似乎认为,萨达姆·侯赛因的独裁政权一倒台,伊拉克就会自动回复到预设的民主政府和市场经济。等到伊拉克的国家机构在疯狂的洗劫和内乱中轰然崩塌时,美国政府似乎感到由衷的惊讶。在阿富汗,美国的目标遇上同样的挫折。十年努力和数千亿美元的投资,迄今没能培植出一个稳定合法的国家。

    政治制度是必要的,不能被视为理所当然。你“叫政府让开”后,市场经济和富裕不会魔术般出现,它们得依赖背后的产权、法治、基本政治秩序。自由市场、充满活力的公民社会、自发的“群众智慧”,都是良好民主制的重要组件,但不能替代强大且等级分明的政府。近几年来,经济学家有了广泛认同,“制度确实重要”。穷国之所以穷,不是因为它们缺少资源,而是因为它们缺少有效的政治制度。因此,我们需要好好了解那些制度的来源。

    达到丹麦

    建立现代政治制度的问题,常被形容为如何“达到丹麦”。这其实是一篇文章的标题,作者是世界银行社会学家兰特·普里切特(Lant Pritchett)和迈克尔·伍考克(Michael Woolcock)。对发达国家居民而言,“丹麦”是个具有良好政治和经济制度的神秘国度。它民主、稳定、热爱和平、繁荣、包容、政治腐败极低。大家都想弄清,如何将索马里、海地、尼日利亚、伊拉克、阿富汗转化成“丹麦”。国际发展团体列出一份假设是丹麦属性的长清单,尝试帮助落后国家来“达到丹麦”的水平。

    这个想法,问题多多。那些异常贫穷和混乱的国家,可以指望在短期内建立起复杂制度吗?这显得有点不靠谱,要知道,那些制度的进化花费了多长时间。此外,制度反映它们所处社会的文化价值。丹麦的民主政治秩序,能在迥然不同的文化土壤中扎根吗?谁也不清楚。富裕稳定的发达国家,其多数居民不知道丹麦本身是如何“达到丹麦”的——甚至对于很多丹麦人自己来说也是这样。建立现代政治制度的斗争,既漫长又痛苦,以致工业国家的居民对自己社会的来龙去脉罹患了历史健忘症。

    丹麦人的祖先是维京人,一个很凶悍的部落,曾战胜和掳掠从地中海到乌克兰基辅的大部分欧洲。率先定居不列颠的凯尔特人、征服他们的罗马人、取代罗马人的日耳曼蛮族,起初都组成部落,像阿富汗、伊拉克中部、巴布亚新几内亚现存的那些部落一样。中国人、印第安人、阿拉伯人、非洲人,几乎地球上所有人类,都有过同样经历。他们尽的主要义务,不是对国家,而是对宗族;他们解决争端,不通过法庭,而通过以牙还牙的正义;他们把死者葬在宗族集体拥有的土地。

    随着时间的推移,这些部落社会逐渐发展出政治制度。首先是中央集权,在固定领土范围内实施有效的军事力量垄断——这就是我们所谓的国家。和平得到维持,不再靠宗族团体之间的大致均势,而靠国家的军队和警察。它们成为常备力量,对抗邻近的部落和国家,保护自己的社区。财产不再归属于宗族,而为个人所拥有,其主人渐渐赢得任意买卖财产的权力。产权的保障不再靠宗族,而靠法庭来解决争端、补偿损失。

    日积月累,社会规则越来越正规化,变成书面法律,不再是习惯或非正式的传统。这些正式规则,不必顾及在特定时间行使该权力的某人,可自主决定制度中的权力分配。换言之,制度替代了领袖。这些法律,最终成为社会中的最高权威,高于暂时指挥军队和官僚的统治者,这就是法治。

    最后,有些社会不仅迫使统治者遵守限制国家权力的书面法律,还责成他们向国会、议会和其他代表较多人口的机构负责。传统的君主制,含有某种程度的负责,但通常只向少量精英顾问征求非正式的咨询。一旦统治者接受正式规则,限制自己的权力,并让自己的统治权臣服于通过选举表现出来的大众意志,现代民主制便呱呱坠地。

    本卷的目的,是想详述那些已被视作理所当然的基本政治制度的起源,从而填补历史健忘症所造成的空白。将要讨论的三种制度,即是刚才所提及的:

    1.国家(the state)

    2.法治(the rule of law)

    3.负责制政府(accountable government)

    成功的现代自由民主制,把这三种制度结合在稳定的平衡中。能取得这种平衡,本身就是现代政治的奇迹。能否结合,答案不是明显的。毕竟,国家功能是集中和行使权力,要求公民遵从法律,保护自己免遭他国的威胁。另一方面,法治和负责制政府又在限制国家权力,首先迫使国家依据公开和透明的规则来行使权力,再确保国家从属于民众愿望。

    这些制度的首次出现是因为民众发现,可借此来保护他们和家人的利益。什么是自利,如何与人合作,都取决于使政治结社取得合法性的思想。因此自利和合法性,形成了政治秩序的基础。

    三种制度中已存在一种,并不意味着其他两种也会出现。例如阿富汗,自 2004 年以来一直举行民主选举,但只拥有非常孱弱的国家,在其领土大部无法执法。相比之下,俄罗斯拥有强劲的国家,也举行民主选举,但其统治者觉得自己不受法治束缚。新加坡拥有强劲国家和英国殖民者遗留下的法治,但只提供缩了水的负责制政府。

    这三种制度最初来自何方?是什么力量驱使它们诞生?又在何等条件下得到发展?建立的顺序如何?彼此间有何关系?如能弄清这些基本制度的出现,我们便可明白,阿富汗或索马里离当代丹麦究竟还有多远。

    如不理解政治衰败的补充过程,就讲不清政治制度的发展。人类的制度很“黏糊”;这是指,它们长期延续,只有经受了重大的艰辛,方能得到变革。为满足某种条件而建立的制度,在该条件改变或消失时,常常得以苟延;未能妥善因应,便会引发政治衰败。这适用于旧式政治制度,也适用于集国家、法治、负责制政府于一身的现代自由民主制国家。不能保证,一个民主政体会继续向公民提供所允诺的;也不能保证,它在公民的眼中继续是合法的。

    此外,人类袒护亲友的自然倾向——我称之为家族主义(patrimonialism)——如未遭遇强大抑制,会一再重现。组织起来的团体——经常是有钱有势的——久而久之,得以盘根错节,并开始向国家要求特权。尤其是在持久和平遇上财务或军事危机时,这些盘踞已久的家族团体更会扩展其优势,或阻挠国家采取妥善的因应。

    政治发展和衰败的故事,曾被讲述多次。多数高中开设“文明之兴起”的课程,提供社会制度如何进化的概论。一个世纪前,讲述给大多数美国学生的历史,以欧洲甚至英国为中心。它可能从希腊和罗马开始,然后转向欧洲中世纪、大宪章、英国内战、光荣革命,再到 1776 年和美国宪法的起草。今天,类似的课程更加多元,囊括像中国和印度那样的非西方社会,更会讲述历史上遭排斥的群体,像土著、妇女、穷人,等等。

    现存的关于政治制度发展的文献,我们有理由表示不满。首先,大部分没在足够广泛的规模上作出比较对照。只有通过比较不同社会的经验,方可梳理复杂的因果关系,弄清为什么某些制度出现于某地,而不在其他地域。很多关于现代化的理论,从卡尔·马克思到道格拉斯·诺斯(Douglass North)等当代经济历史学家的大量研究,都侧重英国作为首个工业化国家的经验。英国的经历在很多方面是特殊的,对处在不同境地的国家来说,未必是好的指南。

    最近几十年,取而代之的多元叙述,很大程度上也没作严肃的比较对照。它们选择的,要么是非西方文明贡献于人类进步的正面故事,要么是其遭受迫害的负面故事。为什么某制度发展于某社会而不在另外社会,我们很难找到严肃的比较分析。

    优秀的社会学家西摩·李普塞特(Seymour Lipset)常说,仅了解一个国家的观察者是不懂国家的人。没有比较对照就无法知道,某一特殊的实践或行为,是某社会中所独具的还是众多社会所共有的。只有通过比较分析,才能理清因果关系,才能把地理、气候、技术、宗教、冲突与今日世界上呈现的各式结果挂上钩。这样做,我们也许能解答下列问题:

    • 为什么阿富汗、印度丛林地区、美拉尼西亚岛国、中东部分地区,至今仍是部落组织?
    • 为什么中国的预设统治是强大的中央政府,而印度在过去三千年历史中,除短暂时期,从没见过如此高度的中央集权?
    • 为什么几乎所有成功的现代威权政体——像韩国、新加坡、中国大陆、台湾地区——都集居在东亚,而不在非洲或中东?
    • 为什么民主制和齐全法治得以在斯堪的纳维亚生根发芽,而处于类似气候和地理条件下的俄罗斯,却产生了不受节制的专制主义?
    • 为什么在过去一个世纪,拉丁美洲国家反复遭遇高通货膨胀和经济危机,而美国和加拿大却没有?

    本卷提供的历史资料很有趣,因为它们照亮现状,解释不同政治秩序的来龙去脉,但人类社会不囿于自己的过去。为了备战和参战,现代国家得以在中国或欧洲出现。这并不意味着,今日非洲的薄弱国家为达到现代化,必须重复同一经验。我会在第 2 卷中讨论,今日政治发展的条件大相径庭于第 1 卷所涵盖的。社会成员的组合,因经济的增长在不断重新洗牌;今天国际因素对个别社会的冲击远远大于旧日。本卷的历史材料可以解释,各种社会是如何走到今天的。但它们走过的路径,既不能决定它们的将来,也不能成为其他社会的楷模。

    中国第一

    伟人所编写的经典现代化理论,如卡尔·马克思、埃米尔·涂尔干(Émile Durkheim)、亨利·梅因(Henry Maine)、斐迪南·滕尼斯(Ferdinand Tönnies)、马克斯·韦伯(Max Weber),倾向于认为西方经验是现代化的范本,因为工业化首先在西方发生。这样注重西方不难理解。1800 年后,在欧洲和北美所发生的生产力爆发和经济持续增长,既是史无前例的,也把世界塑造成今天的模样。但发展不只局限于经济,政治和社会的制度也在不断发展。政治和社会的发展,有时与经济变化紧密相关,有时又独立自主。本卷着重于政治方面的发展和政府制度的进化。现代政治制度在历史上的出现,远早于工业革命和现代资本主义经济。我们现在理解的现代国家元素,在公元前 3 世纪的中国业已到位。其在欧洲的浮现,则晚了整整一千八百年。

    基于此,我在本卷第二部分讲述国家崛起时,就以中国开始。经典现代化理论倾向于把欧洲的发展当作标准,只探询其他社会为何偏离。我把中国当作国家形成的范本,而探询其他文明为何不复制中国道路。这并不表示中国胜于其他社会。我们将看到,没有法治或负责制政府的现代国家,可能实施非常暴虐的专制主义。中国是开发国家制度的先行者,但西方的政治发展史解说,却很少提及此一创新。

    我自中国开始,就跳过了其他重要的早期社会,像美索不达米亚、埃及、希腊、罗马、中南美洲。在此还需要作进一步解释,为何不在本卷详细涵盖希腊和罗马。

    古代地中海世界树起的先例,对后续的欧洲文明发展非常重要,自查理曼(Charlemagne)时代起,便受到欧洲统治者的自觉模仿。一般认为,希腊人发明了民主制,其统治者不是世袭的,而是选出的。多数部落社会也是相对平等的,其统治者也是选出的(参看第 4 章)。但希腊人超前一步,其介绍的公民概念,以政治标准而非亲戚关系为基础。公元前 5 世纪雅典或罗马共和国实践的政府形式,其较为贴切的称号应是“古典共和政府”,而不是“民主制”,因为选举权只属于少数公民,尖锐的阶级差别排斥大批人(包括众多奴隶)的参与。此外,这些不是自由国家,而是社群式(communitarian)国家,不尊重隐私和其公民的自主权。

    希腊和罗马建立的古典共和政府先例,受到以后很多社会的模仿,包括热那亚和威尼斯的寡头共和国、诺夫哥罗德(Novgorod)、荷兰联合省。但这种政府有致命的缺陷,后代学者,包括很多深思该传统的美国创始人,都有广泛认知:古典共和政府不好扩充。它在小型且均质的社会中表现最佳,就像公元前 5 世纪的希腊城市国家或早期的罗马。这些共和国因征服或经济增长而渐渐壮大,难以维持曾凝聚他们的社群价值。随着疆域和居民的扩展,罗马共和国面临无法解决的矛盾:谁该享受公民权,如何分配国家的战利品。君主制最终战胜希腊城邦国家,罗马共和国经历漫长内战,最终也变成帝国。君主制作为一种政府形式,特别在管理庞大帝国时,证明是出类拔萃的。罗马帝国就是在此种政治制度下,达到其权力和疆域巅峰的。

    在第 2 卷里,我将返回古典共和政府作为现代民主制先例的题目。如要研究国家的兴起,中国比希腊和罗马更值得关注,因为只有中国建立了符合马克斯·韦伯定义的现代国家。中国成功发展了统一的中央官僚政府,管理众多人口和广阔疆域,尤其是与地中海的欧洲相比。中国早已发明一套非人格化(impersonal, or impersonality, 译按:“非人格化”在本书指不受基于家族关系的身份的限制)和基于能力的官僚任用制度,比罗马的公共行政机构更为系统化。公元 1 年时,中国总人口可与罗马帝国媲美,而中国人口中受统一规则管辖的比例,要远远超过罗马。罗马自有其重要遗产,尤其在法律领域中(在第 18 章中详述)。作为现代负责制政府的先驱,希腊和罗马非常重要。但在国家发展上,中国更为重要。

    可与中国相比的社会还有印度。大约在相同时间,印度社会也自部落升至国家。大概二千五百年前,由于新婆罗门宗教的兴起,印度走上一段弯路。该宗教限制印度政治组织可达到的权力,却在某种意义上为现代印度民主打下基础。穆罕默德先知的时代,中东也是部落组织。伊斯兰教的诞生,再加上军事奴隶制这一奇特制度,令埃及和土耳其的某些政治组织崛起成为主要的政治力量。欧洲则截然不同,其退出部落行列,不是通过统治者的自上而下,而是通过天主教在社会层次颁布的规则。只有在欧洲,国家层次的制度不必建造于部落组织之上。

    宗教也是法治起源的关键,它是第三部分的主题。基于宗教的法律,存在于古代以色列、印度、穆斯林的中东、基督教的西方。但唯有在西欧,独立法律制度得到最强劲的发展,并设法转成世俗形式,存续至今。

    第四部分中,负责制政府的兴起主要在欧洲,但在这一点上,欧洲各国并不齐整一致。负责制政府在英国和丹麦兴起,却没在法国或西班牙;俄罗斯发展出专制主义,其权力与中国的旗鼓相当。社会能否把负责制强加于君主,取决于各项特殊的历史条件,譬如幸存至现代的某些封建机构。

    与世界其他地区相比,西欧的政治发展次序是高度异常的。其现代国家或资本主义兴起之前,社会层次的个人主义便已出现,而且早了数个世纪;其政治权力集中于中央政府之前,法治已经存在;其负责制机构的兴起,却是因为现代中央集权国家无法击败或消灭旧封建机构,比如议会。

    国家、法治、负责制政府的组合一旦出现,证明是高度强大和极富吸引力的,之后传播到世界各个角落。我们必须记住,这一现象仅是历史上的偶然。中国有强大国家,但没有法治和负责制政府;印度有法治,现又有负责制政府,但传统上一直缺乏强大国家;中东有国家和法治,但阿拉伯世界的大部已扔掉后者。人类社会不囿于自己的过去,可自由借用彼此的思想和制度。它们过去长得如何,帮助塑造了它们今天的面貌,但过去与现在之间不是只有单一的路径。

    底下无数龟

    本卷的宗旨,与其说是介绍政治发展的历史,倒不如说是分析主要政治制度出现的原因。被称作“一连串混账事件”的众多历史著作,不愿意尽量提炼普遍规律和适用于其他场合的因果理论。人类学家所写的民族志,也没跳出这个窠臼,虽然细致详尽,但仍然故意避开广泛的概括。这肯定不是我的方法,我的比较和概括,将跨越众多的文明社会和历史时期。

    本卷有关政治发展的整体构架,与生物进化有很多相似之处。达尔文进化论建筑在差异和选择这两条原则上:有机体发生随意的遗传变化,最适应环境的,得以存活和繁殖。政治发展也是如此,政治制度也会产生变异,最适合当时自然和社会环境的,也得以存活和扩散。但生物进化和政治进化之间,又有很多重大差别。人类的制度不像基因,可得到精心的设计和选择;它们的代代传播凭借文化,而不是遗传;它们因各种心理和社会的机制,而被注入内在价值(intrinsic value),变得不易变革。政治发展因政治衰败而经常逆转,其原因就在人类制度固有的保守性。触发制度变革的外界变化,往往远远超前于社会接受改革的实际意愿。

    然而,该整体构架不是预测政治发展的理论。依我看,要找到政治变化的精简理论,就像经济学家所谓的经济增长理论,根本是不可能的。促使政治制度发展的因素既繁多又复杂,经常依赖于偶然或伴生事件。即使引证出某种发展的原因,却发现其本身仍有先决条件,这样的溯源回归是永无止尽的。

    让我们举例说明。有一条政治发展的著名理论认为,欧洲因需要发动战争而建立国家。在现代欧洲的早期,这两者之间的关系是大家公认的。我们将看到,它也同样适用于古代中国。但在宣布这是国家形成的通理之前,必须回答下列难题:为什么某些地区,尽管历经长期战争,却一直没能发展国家制度(美拉尼西亚)?为什么在另外地区,战争似乎反而削弱了国家制度(拉丁美洲)?为什么某些地区,其冲突水平低于其他地区(印度与中国相比)?要回答这些问题,就要把原因推向其他因素,例如人口密度、自然地理、技术、宗教。战争发生于人口密集、交通方便(平原或大草原)、拥有相应技术(马匹)的地区,与发生于人口稀少、深山老林、全是沙漠的地区相比,会发挥截然不同的政治影响。战争促使国家形成的理论,涉及更多更深的问题,譬如,为何某种战争仅爆发于某种地区。

    我想在本卷推介一种中间理论,既避免高度抽象(经济学家的恶习),又躲开巨细无遗(历史学家和人类学家的问题)。我希望重新拾起已被遗忘的 19 世纪历史社会学或比较人类学的传统。我不想一开始就向普通读者推介庞大的理论构架。在介绍历史的章节中,我会触及各种理论,但对政治发展的抽象讨论(包括基本概念的定义),我会保留至最后三章(第 28—30 章)。这包括政治发展之所以产生的通论,以及政治、经济、社会之间的互动。

    将理论放在历史之后,我认为是正确的分析方法。应从事实推论出理论,而不是相反。当然,没有预先的理论构思,完全坦白面对事实,这也是没有的事。有人认为这样做是客观实证,那是在自欺欺人。社会科学往往以高雅理论出发,再搜寻可确认该理论的实例,我希望这不是我的态度。

    有个可能不真实的故事,由物理学家史蒂芬·霍金(Stephen Hawking)转述。一位著名科学家在作有关宇宙论的演讲,房间后面有位老妇人打断他,说他是废话连天,而宇宙只是驮在龟背上的一只圆盘。该科学家反问,那龟又驮在何物之上?以为就此便可让她闭嘴。她却回答:“你很聪明,年轻人,但底下是无数的龟。”

    这是任何发展理论的难题:作为故事开头你所挑选的龟,究竟是站在另一只龟的背上,还是站在一头大象、一只老虎或一条鲸鱼背上。大多数所谓的发展概论,其失败的原因,在于没有考虑发展史中独立的多维性。他们只是化繁为简,试图从复杂的历史真实提取出单独的诱因。他们没能将故事推至足够原始的历史时期,以解说它的起点和前提。

    我把故事推得很远。讲中国发明了国家制度之前,我们必须了解战争的起源,甚至人类社会的起源。令人惊讶的是,它们不是外在的。自有人类起,就有社会和冲突,因为人类天生是群居和竞争的动物。人类的老祖宗灵长目,就在实践一种缩了水的政治。要弄清这一点,我们必须回到自然状态和人类生物学,在某种意义上为人类的政治行为设定框架。生物学为支撑龟们提供一定的稳固基础,但我们将在下一章看到,即便是生物学,也不是完全固定的起点。

    第 2 章 自然状态

    自然状态的哲学讨论;现代生命科学彰显人性和政治的生物学基础;黑猩猩和灵长目中的政治;诱发政治的人性特征;人类出现于世界不同地域

    西方哲学传统中对“自然状态”的讨论,一直是理解正义和政治秩序的中心议题。而正义和政治秩序,又是现代自由民主制的基础。古典政治哲学把天性和惯例(或称法律)截然分开。柏拉图(Plato)和亚里士多德(Aristotle)主张,合理城邦必须存在,与之相匹配的是永久人性,而不是昙花一现和不断变化的人性。托马斯·霍布斯(Thomas Hobbes)、约翰·洛克(John Locke)、让—雅克·卢梭(Jean-Jacques Rousseau)给予这差别以进一步的拓展。他们撰写有关自然状态的论文,试图以此作为政治权利的基石。讨论自然状态,其实是讨论人性的手段和隐喻,用来建立政治社会应予培养的各级人性美德(a hierarchy of human goods)。

    但在一个关键命题上,亚里士多德与霍布斯、洛克、卢梭泾渭分明。他主张,人类天生是政治的,其自然天赋使之在社会中兴旺发达。而这三位早期现代的哲学家则恰恰相反。他们争辩说,人类天生不是社会性的,社会只是一种手段,使人类得以实现单凭个人所无法得到的东西。

    霍布斯的《利维坦》(Leviathan)在罗列人类的自然激情后主张,人类最深刻、最持久的害怕是暴毙。他由此演绎,大家享有保护自己生命的自由,这就是基本自然权。人性中有三项诱发争端的特征:竞争、畏葸(害怕)、荣誉;“第一项,诱发人类侵略以获好处;第二项,以获安全;第三项,以获荣誉”。因此,自然状态被描绘成“人人相互为敌的战争”。为逃离这一危险处境,人类同意放弃随心所欲的自由,以换取他人尊重自己的生命权。国家,也就是利维坦,以社会契约的形式来执行这一相互的允诺,来保障他们天生拥有但在自然状态中无法享受的权利。政府,也就是利维坦,借保障和平来保障生命权。

    约翰·洛克的《政府论》下篇对自然状态的观念,比霍布斯的温和。他认为,人类所忙碌的,主要是将劳动与自然物结合起来,以生产私人财产,而不是彼此打斗。洛克的基本自然法,不限于霍布斯的生命权,还包括“生命、健康、自由、财产”。依照霍布斯,自然状态中不受节制的自由会引发战争;为保护自然的自由和财产,社会契约便成为必要。依照洛克,国家虽是必要的,但也有可能成为自然权利的褫夺者。所以他保留反抗不公正权威的权利。《美国独立宣言》中,托马斯·杰斐逊(Thomas Jefferson)所提倡的生命、自由、追寻幸福之权,直追霍布斯的天赋人权,再辅以洛克有关暴政的修正。

    霍布斯的暴力的自然状态,与卢梭较和平的版本,一直是鲜明的对照。在霍布斯那里,人生是“孤独、贫困、污秽、野蛮和短暂的”,卢梭在《论人类不平等的起源和基础》中,好几处公开批评霍布斯:“最重要的,让我们与霍布斯一起总结:人天生是恶的,因为他对善念一无所知;他品行不端,因为他根本不知道美德为何物;他拒绝为同类做事,因为他自信不亏欠他们;他因此而理直气壮,要求得到一切想要的,并愚蠢地视自己为整个宇宙的主人。”卢梭认为,霍布斯实际上没能发掘出自然人,《利维坦》讲述的暴虐人,其实只是数世纪承受社会污染的产物。对卢梭而言,自然人虽很孤独,但却是胆小恐惧的;彼此可能互相躲避,而不是交战。野蛮人的“欲望,从不超越其物质需求;除了食物、配偶、休息,他不知道任何其他财产”;他害怕疼痛和饥饿,而不是抽象的死亡。政治社会的产生,不代表拯救于“人人相互为敌的战争”,反而因相互依赖,而造成人与人之间的奴役。

    卢梭在《论人类不平等的起源和基础》中开门见山:“我们此时所从事的研究,不可当作历史真相,只算是假设性和有条件的推论。它适合于解释事物的本性,并不适合于显示其真正起源。”对卢梭和霍布斯而言,自然状态与其说是历史叙述,倒不如说是揭示人性的启发教具——那是指,去掉文明和历史所附加的举止后,人类最深刻最持久的特征。

    很清楚,《论人类不平等的起源和基础》的意图是提供人类行为的发展史。卢梭谈论人的完美性,推测其思想、激情、行为的长期进化。他引证新大陆加勒比人(Caribs)和其他土著的丰富资料,评判观察动物所获得的论据,尝试弄清天生人与社会人的差别。自认懂得伟大思想家的真正意图总是很危险的。霍布斯、洛克、卢梭对自然状态的解释,涉及西方政治的自我理解,至关重要。所以,将之对照我们因生命科学最新进展所认识的人类起源,不能算作不公平。

    此类认识存在于若干领域,包括灵长动物学、人口遗传学、考古学、社会人类学,当然还有进化生物学的总构架。我们可以用更好的实证资料,再次运行卢梭的思考试验。所得的结果,既确认他的部分洞察力,又对他的其他观察提出疑问。以现代生物学来寻找人性,作为政治发展理论的基础,这是非常重要的,因为它将提供最基本的部件。我们可借此来理解人类制度后来的进化。

    卢梭的有些观察是非常精彩的,如他认为,人类不平等起源于冶金、农业、私人财产的发展。但卢梭、霍布斯和洛克,在一个重要论点上是错误的。这三位思想家,都视自然状态的人为隔离中的个体,都视社会为非自然的。根据霍布斯,原始人类的相处,主要表现为害怕、羡慕、冲突。卢梭的原始人更为隔离,性是自然的,但家庭却不是;人类的相互依赖几乎是意外发生的,如农业的技术发明,使大规模的合作成为必要。他们认为,人类社会随着历史进展而出现,人与人相互妥协,从而放弃自然的自由。

    但事实并非如此。英国法律学家亨利·梅因,在 1861 年出版的《古代法》中,以下列词句批评这些自然状态理论:

    这两种理论(霍布斯和洛克的),将英国的严肃政治家长期分裂成敌对的两派。其相似处,只有对史前无法取证的人类状态的基本假设;其分歧处,则有前社会状态的特征,以及人类将自己提升入社会的反常。我们熟悉的,只是社会。但他们一致认为,原始人与社会人之间有一道鸿沟。

    我们可将之称为霍布斯式谬误:人类一开始各行其是,仅在发展中较迟阶段进入社会,因为他们作出理性推算,社会合作是达到各自目标的最佳方法。原始个人主义这个假设,支持美国《独立宣言》对权利的理解,也支持后来兴起的民主政治社群。该假设更支持了当代新古典主义经济学,其各项模型的前提是:人类是理性的,并希望将自己的功效或收益发挥到极点。但在事实上,人类历史上逐渐获得发展的是个人主义,而不是社会性。今天,个人主义似乎是我们经济和政治行为的核心,那是因为我们发展了相关制度,以克服身上更自然的群体本能。亚里士多德说,人类天生是政治的,他比这些早期现代的自由理论家更为正确。从个人主义角度理解人类动机,有助于解释今日美国商品交易者和自由至上主义者的活动,却不是理解人类政治早期发展的最佳途径。

    现代生物学,与人类学所介绍的自然状态完全相反:人类在进化过程中,从没经历过隔离时期;人类的灵长目先驱,早已开发出广泛的社会和政治技巧;促进社会合作的功能是人脑与生俱来的。自然状态,可被描绘为战争状态,因为暴力是自发的。实施暴力的,与其说是个人,不如说是密切结合的社会群体。人类并不因为自觉且理性的决定,而进入社会和政治生活。公共组织在他们中间自然形成,只是不同的环境、思想和文化,塑造出了各自独特的合作方式。

    事实上,人类出现的数百万年前,就有合作的基本形式。生物学家找到合作行为的两个自然来源:亲戚选择(kin selection)和互惠利他(reciprocal altruism)。关于第一,生物进化的竞争,不是指有机体本身的继续生存,而是指有机体体内基因的继续生存。这种情形一再出现,以致生物学家威廉·汉密尔顿(William Hamilton)将之定为包容适存性原则(inclusive fitness)或亲戚选择。该原则认为,有性繁殖物种的个体,对待亲戚时是利他的,利他程度与它们分享的基因呈正比。父母和小孩,亲兄弟姐妹,分享 50% 的基因。他们之间的利他,更强于他们与堂表亲之间,因为后者仅分享 25% 的基因。这种行为可见证于各类物种。譬如,黄鼠在筑巢时竟能分辨嫡庶姐妹。就人类而言,现实世界的裙带关系,不仅基于社会缘由,更基于生物学缘由。将资源传给亲戚的欲望是人类政治中最持久的常态。

    与遗传上的陌生人合作,被生物学家称作互惠利他。这是亲戚选择之外,社会行为的第二生物学来源,也可见证于众多物种。社会合作取决于如何解答博弈论的“囚徒困境”游戏(prisoner’s dilemma)。在那些游戏中,如大家合作,参与者都有可能获益;如他人合作而自己免费搭乘,则可获益更多。20 世纪 80 年代,政治学家罗伯特·艾克塞洛德(Robert Axelrod)组织了解答“囚徒困境”游戏的电脑程式比赛。优胜战略是“一报还一报”:如对方在较早比赛中是合作的,则采用合作态度;如对方以前不予合作,则采用拒绝态度。艾克塞洛德以此论证,随着理性决策者彼此间长期互动,道德可自发产生,尽管一开始是由自私激起的。

    除人类之外,互惠利他还出现于其他众多物种。吸血蝙蝠和狒狒被观察到在群居地喂养和保护伙伴的后代。另一些情况中,就像清洁鱼和它们所清理的大鱼,相互帮忙的纽带可存在于全然不同的物种。狗和人之间的交往,显示了这两个物种相互进化得来的行为。

    黑猩猩政治与人类政治发展的关系

    进化生物学,为我们弄懂人类如何从灵长目先驱进化而来提供了宏大框架。我们知道,人类和现代黑猩猩共享一个类似黑猩猩的祖先。人类分支出来,约在五百万年前。人类和黑猩猩的染色体,约有 99% 的重叠,多于灵长目内任何其他的一对。(除了解剖上的重要差别,那 1% 的偏离与语言、宗教、抽象思维等有关,所以是非常重要的!)我们当然不可能研究这一共同祖先的行为,但灵长学家花费很长时间,在动物园和自然栖息地观察黑猩猩和其他灵长目动物的行为,发现它们与人类拥有明显的连贯性。

    生物人类学家理查德·兰厄姆(Richard Wrangham)在他《雄性恶魔》一书中,叙述成群结队的野外雄性黑猩猩,远离自己领土去攻杀邻近社区的黑猩猩。这些雄性彼此合作,悄悄追踪包围,先杀死单独的邻居,再逐一消灭社区内的其他雄性,然后捕获雌性,以纳入自己的族团。这很像新几内亚高地男人的所作所为,也像人类学家拿破仑·沙尼翁(Napoleon Chagnon)所观察到的雅诺马马印第安人(Yanomamö Indian)。根据兰厄姆的研究,“甚少动物生活于雄性组合的父系群体,其雌性为避近亲繁殖,经常去邻区寻求交配。组成一个紧密的系统,由雄性发起领土进攻,包括突袭邻近社区,寻找弱小敌人,再加以攻击和消灭,如此做的,已知道的仅两种”。这两种,就是黑猩猩和人。

    根据考古学家斯蒂芬·勒布朗(Steven LeBlanc)的研究,“非复杂社会的人类战争,大部分与黑猩猩的攻击相似。在那个社会层次,人类大屠杀其实是罕见的。由消耗战而取得胜利是可行战略之一,另外还有缓冲区域、突袭、收纳女俘、刑辱敌人。黑猩猩和人类的行为,几乎是彻底平行的”。其主要差异,只是人类的更加致命,因为他们的武器更多样、更犀利。

    黑猩猩像人类群体一样,保卫自己的领土,但在其他方面又有很多不同。雄性和雌性不会组成家庭来抚养小孩,只是建立各自的等级组织。然而,等级组织中的统治权运作,又令人想起人类群体中的政治。黑猩猩群体中的雄性老大(Alpha Male),并不生来如此,像美拉尼西亚社会的头人一样,必须借建立同盟来赢得。体力虽然要紧,但最终还得依靠与他人的合作。灵长学家弗兰斯·德瓦尔(Frans de Waal),在荷兰阿恩海姆动物园观察驯养的黑猩猩群体。他叙述两只年轻黑猩猩,如何联手取代较年长的雄性老大。篡夺者之一,取得雄性老大地位后,即凶狠对待它曾经的同盟者,并最终将之杀害。

    雄性或雌性黑猩猩在等级组织中,一旦取得各自的统治地位,便行使权威——即解决冲突和设定等级规则的权力。黑猩猩通过卑顺的招呼来承认权威:一系列短促的咕噜声,再加上深鞠躬;向上级伸手,亲吻上级的脚。德瓦尔介绍一只占统治地位的雌性黑猩猩,名叫妈妈(Mama),相当于西班牙或中国家庭中的老祖母。“群体中的紧张气氛达到巅峰时,甚至包括成年雄性在内的参战者总是求救于她。我多次看到,两只雄性之间的激烈冲突告终于她的手臂。冲突升到顶点时,对手们没有诉诸暴力,反而大声尖叫,奔向妈妈。”

    在黑猩猩社会建立同盟,不是直截了当的,需要有评判他人品质的能力。像人一样,黑猩猩擅长欺骗,所以需要评估潜在同盟者的可信度。在阿恩海姆动物园长期观察黑猩猩行为的人注意到,每只黑猩猩都有显著个性,有的比其他的更可信赖。德瓦尔描述一只名叫普依斯特(Puist)的雌性黑猩猩,被观察到常常出其不意地攻击伙伴或假装和解,等其他黑猩猩放松警惕再有所行动。由于这些行为,低等级的黑猩猩都学会远离她。

    黑猩猩似乎懂得,它们被企盼遵循社交规则,但不总是照办。如违反群体规则或违抗权威,它们会流露像是犯罪或困窘的感觉。德瓦尔讲起一件轶事,一位名叫伊冯的研究生,与一只名叫可可(Choco)的年轻黑猩猩同住:

    可可变得益加淘气,该管管了。一天,可可多次把电话听筒搁起。伊冯一边把可可的手臂攥得特紧,一边给予严厉的责骂。这顿责骂似乎蛮有效果,伊冯便坐上沙发,开始读书。她已把此事忘得一干二净,突然可可跳上她的膝盖,伸出手臂搂她的脖子,并给她一个典型的黑猩猩亲吻(嘴唇敞开)。

    德瓦尔很清楚将动物人格化的危险,但贴近观察黑猩猩的人们,绝对相信这些行为背后的情感潜流。

    黑猩猩行为与人类政治发展的关系是很明显的。人类和黑猩猩,都进化自同一的类人猿祖先。现代黑猩猩和人类,尤其是生活在狩猎采集或其他相对原始的社会中的,表现出相似的社交行为。如霍布斯、洛克或卢梭对自然状态的叙述是正确的,那我们必须假定,在进化成为现代人类的过程中,我们的类人猿祖先短暂抛弃了自己的社交行为和情感,然后在较迟阶段,从头开始第二次进化。较为可信的假定应是:人类从没作为隔离的个体而存在;现代人类出现之前,社交和融入亲戚团体已成为人类行为的一部分。人类的社交性,不是因历史或文化而取得的,而是人类天生的。

    唯独人类

    将人类与类人猿祖先分开的 1% 染色体,还含有什么?我们的智力和认知力,总被认为是我们人类身份的关键。我们给人类的标签是智人(Homo sapiens),即人属(Homo)中“有智慧的”。人类自类人猿祖先分支出来,已有五百万年。其间,人类的脑容量翻了三倍,这在进化史上是异常神速的。不断增大的女人产婴通道,勉强跟上人类婴儿硕大头颅的需求。那么,这认知力又来自何方呢?

    乍看之下,人类似乎需要认知力来适应和征服他们的自然环境。更高的智力,为狩猎、采集、制造工具和适应苛刻气候等提供优势。但这一解释并不令人信服。很多其他物种,也狩猎、采集、制造工具,却没能获得类似人类认知的能力。

    很多进化生物学家推测,人脑如此迅速增长的原因,是为了与人合作,是为了与人竞争。心理学家尼古拉·韩福瑞(Nicolas Humphrey)和生物学家理查德·亚历山大(Richard Alexander)分别表明,人类实际上走进一场相互的军火竞赛;运用新的认知力来理解彼此行为,以建立更复杂的社会组织,成为竞赛中的优胜者。

    前文提及的博弈论表明,经常与人互动的个人,愿意与诚实可靠者合作,避开机会主义者。但要行之有效,他们必须记住彼此的过去,并揣测动机,以测将来。这颇不容易,因为潜在合作者的标记,只是诚实外表,而不是诚实本身。譬如,依照经验你似乎是诚实的,我愿意与你携手合作;但如果在过去,你只是在故意积累信任,将来,你就能从我这里骗得更大好处。所以,自利推动了社会群体中的合作,也鼓励了欺瞒、行骗和其他破坏社会团结的行为。

    黑猩猩能达到数十成员的社会族团层次,因为它们拥有所要求的认知技术来解答基本的“囚徒困境”游戏。如阿恩海姆动物园的普依斯特,因她不可靠的历史,而遭遇其他黑猩猩的回避;“妈妈”取得领袖地位,因她调停纠纷时公正的声誉。黑猩猩拥有足够的记忆和沟通技巧,以解释和预测可能的行为,领袖与合作遂得到发展。

    但黑猩猩无法迈进更高层次的社会组织,因为它们没有语言。早期人类中出现的语言,为改进合作和发展认知力,提供了大好机会。有了语言,谁诚实和谁欺诈,不再取决于直接经验,而变成可传送给他人的社会信息。但语言又是说谎和欺骗的媒介。发展更好的认知力来使用和解释语言,从而测出谎言,能这样做的社会群体,对其竞争者就占有优势。进化心理学家杰弗里·米勒(Geoffrey Miller)认为,求偶对认知力的独特需求促进了大脑皮层的发展,因为男女不同的繁衍战略,为欺骗和侦测生育能力创立了巨大奖励。

    男性繁衍战略是,寻求尽可能多的性伙伴,以取得最大成功。女性繁衍战略是,为自己后代谋求最佳的雄性资源。这两种战略,目的截然相反。所以有人认为,这在进化方面激励人类发展欺骗本领,其中语言扮演了重要角色。另一位进化心理学家斯蒂芬·平克(Steven Pinker)认为,语言、社交能力、掌控环境都在相互加强,为精益求精而施加进化压力。这解释了脑容量增加的必要,大脑皮层很大一部是用于语言的,它恰是行为意义上的现代人类(behaviorally modern humans)所独有的,而在黑猩猩或古人类身上是找不到的。

    语言的发展,不仅允许短期的行动协调,还令抽象和理论成为可能,这就是人类所独有的关键认知力。词语可指具体物件,也可指物件的类别(狗群和树丛),甚至可指抽象的无形力量(宙斯和地心引力)。综合两者,便使心智模型(mental model)成为可能——那是指因果关系的一般声明(“因为太阳发光,所以变得温暖”;“社会强迫女孩进入定型的性别角色”)。所有的人都在制造抽象的心智模型。这样的推论能力给予我们巨大的生存优势。尽管哲学家如大卫·休谟(David Hume)、无数一年级统计学的教授一再告诫,关联不表示因果,但人类经常观察周遭事物的关联,以推断之间的因果关系。不要踩蛇,不吃上周毒死你表亲的草根,你将免遭同样命运,并可迅速将此规矩告诉子孙。

    制造心智模型的能力,将原因归于冥冥中的抽象概念,这就是宗教出现的基础。宗教——笃信一个无形的超自然秩序——存在于所有人类社会。很不幸,试图重建早期人类血统的古人类学家和考古学家,对其精神生活只能提供甚少的线索,因为他们依据的是化石和营地的物质记录。但我们尚未发现没有宗教的原始社会,并有考古迹象表明,尼安德特人(Neanderthals)和其他原始人类群体,也可能有宗教信仰。

    今天有人主张,宗教是暴力、冲突、社会不协调的主要来源。但在历史上,宗教恰恰扮演相反的角色,它是凝聚社会的源泉。经济学家假设,人类是简单、理性、自私的参与者。宗教则允许他们之间的合作变得更广泛更安全。据我们所知,彼此一起玩囚徒困境游戏的参与者,应能取得一定的社会合作。但经济学家曼瑟尔·奥尔森(Mancur Olson)显示,随着合作群体的逐渐扩展,集体行动便开始瓦解。在庞大群体中,越来越难监察每个成员的贡献,免费搭乘和其他机会主义行为变得司空见惯。

    宗教得以解决这集体行动的难题,通过奖罚而大大增强了合作的好处,甚至在今天也是这样。如我认为部落领袖只是像我一样的自私家伙,我就不一定服从他的权威。如我相信部落领袖能调动已死老祖宗的灵魂来奖励或处罚我,我会对他更加尊崇。如我相信已死老祖宗在旁监视,比活人亲戚更能看清我的真正动机,我的羞耻感可能更大。与宗教信徒和世俗者的见解恰恰相反,任何一种宗教信仰都是很难得到证实或证伪的。即使我怀疑部落领袖与已死老祖宗的联系,我也不愿承担风险,万一这是真的呢?根据“帕斯卡赌注”(Pascal’s wager),我们应该相信上帝,因为他可能存在。这在人类历史中一直适用,虽然在早期怀疑者可能会更少。

    在加强规范和支撑社区方面,宗教的功能一直是公认的。“一报还一报”(tit-for-tat),即以牙还牙和报李投桃,是反复互动的合理结果,也是圣经道德的基础,更是人类社会几乎放之四海而皆准的道德准则。你待他人,如他人之待你,这条黄金定律只是“一报还一报”的异体。它只是强调善,不讲恶罢了。(由此看来,基督教以德报怨的原则是反常的。人们可能注意到,即使在基督教社会,它也很少付诸实施。没有一个我所知道的社会,把以怨报德当作其群体的道德准则。)

    进化心理学家主张,凝聚社会所提供的生存优势是人类天生偏爱宗教的原因。思想可增加集体的团结,宗教不是唯一方式——今天,我们有民族主义,还有世俗意识形态,如马克思主义——但在早期社会,宗教在社会组织走向复杂一事上,扮演了至关重要的角色。没有宗教,很难想象人类社会得以超越族团的层次。

    从认知观点出发,可把任何宗教信仰称作现实世界的心智模型。它们把因果关系,归因于日常世界之外的无形力量,归因于形而上的王国。改造自然界的理论由此而生。例如,神的愤怒造成干旱,把婴儿血洒入大地的犁沟,便可使之平息。之后,它又导向礼仪,即有关超自然秩序的重复表演。人类社会希望借此来获得对环境的主导。

    礼仪反过来又帮助区分群体,标记边界,使之有别于其他群体。它促进社会团结,最终会脱节于导致其产生的认知理论。譬如当代世俗欧洲人,仍继续庆祝圣诞节。礼仪本身和支撑它的信念,会被赋予极大的内在价值。它不再代表心智模型,不再是遇上更好选择时可随意抛弃的普通理论,而变成目的本身。

    红脸野兽

    促使人类合作和存活的心智模型和规范,产生时可能是理性的,恰似经济学家所说明的。但宗教信仰在信徒眼中,即便证明有错,也从来不是可弃之如敝屣的简单理论。它被视作无条件的真理,如指控其谬误,会受到社会和心理的沉重惩罚。现代自然科学带来的认知进步,为我们提供了检验理论的实验模式,允许我们更好地改造环境(如使用灌溉系统,而不是人的血祭,来提高农业生产力)。这里有个疑问:人类为何忍受如此僵硬难改的理论构思?

    基本正确的答案是:人类之遵循规则,主要植根于情感,并不依靠理性过程。人脑培养了情绪反应,犹如自动导航装置,以促进社会行为。喂奶的母亲看到婴儿,便会分泌乳汁。不是因为她清楚想到她自己的小孩需要食物,而是因为在不知不觉中,她大脑产生荷尔蒙,诱发了乳腺分泌。对陌生人的好意表示感激,对无缘无故的伤害表示愤怒,这不是精心考虑的反应,也不一定是学来的情感(尽管通过实践,这些感受会获得加强或受到抑制)。同样,当有人表示不敬,在朋友前蔑视我们,或评论我们母亲或姐妹的德行,我们不会核算评论的精确度,也不会考虑为未来交往而保护声誉,我们只是感到愤怒,只想痛揍这不尊重他人的家伙。这些行为——对亲戚的利他主义,捍卫自己的声誉——可用理性的自利来解释,但却是在情绪状态下作出的。一般情况下,情绪化的反应却是理性的正确答复。为什么?这是进化的安排。行动经常是情感的产品,而不是计算的产品。所以我们经常弄错,打了更强壮、更会报复的人。

    这种情绪化反应,使人类中规中矩,遵循规范。规范的独特内容由文化决定(不吃猪肉、尊敬祖先、宴会上不点香烟),遵循规范的能力却是遗传的。同样,语言因文化而异,但都植根于人类普遍的语言能力。例如,在违反规范和他人都遵守的规则时被人看到,大家都会觉得困窘。很明显,困窘不是学来的举止,因为小孩通常比父母更易觉得困窘,即使是小小过失。人类能将自己置于他人位置,并通过他人眼睛观察自己的行为。今天的小孩,如不能做到这一点,就会被诊断为具有自闭症的病理征兆。

    通过愤怒、可耻、有罪、骄傲的特殊情感,遵循规范的习惯得以嵌入人性。规范受到侵犯时,如陌生人费尽心思羞辱我们或团体分享的宗教礼仪受到嘲笑或忽视,我们会感到愤怒。无法跟上规范时,我们会感到耻辱。取得大家赞许的目标,从而获得群体的称赞,我们会感到骄傲。人类在遵循规范中,投入这么多情感,以致失去理性,危害自身的利益。帮派成员因受到侮辱(实际上的或想象的),而向另外帮派的成员施以报复,但心里很清楚,这将导致暴力的逐步升级。

    人类也将情感投入后设规范(metanorm),即如何恰当地阐述和执行规范。如果后设规范得不到妥善的遵循,人类会发起生物学家罗伯特·特里弗斯(Robert Trivers)所称的“说教型进攻”。某命案的结局与自己利益毫不相关,但人们仍想看到“法网恢恢,疏而不漏”。这解释了犯罪影片和法庭戏剧为什么特受欢迎,还解释了人们对巨大丑闻和罪行为什么着迷关注。

    规范化行为植根于情感。它促进社会合作,明显提供生存优势,协助人类进化至今。经济学家主张,盲目遵守规则在经济上却是理性的。如每一次都要计算得失,就会变得非常昂贵和适得其反。如必须跟伙伴不时谈判新规则,我们会陷入瘫痪,无法从事例行的集体行动。我们把某些规则当作目标本身,而不再是达到目标的手段,这一事实大大增加了社会生活的稳定。宗教进一步加强这种稳定,并扩充潜在合作者的圈子。

    这在政治上造成难题。很多案例中成效明显的规则,遇上短期的特殊情况,却变得苍白无力,甚至功能失调,因为导致其产生的情形有了大变。制度规则是很“黏糊”的,它抗拒改革,变成政治衰败的主要根源之一。

    寻求承认的斗争

    规范被赋予内在价值后,便成为哲学家黑格尔(Georg W. F. Hegel)所谓“寻求承认的斗争”的目标。寻求承认的欲望,截然不同于经济行为中获得物质的欲望。承认不是可供消费的实物,而是一种相互的主观意识。借此,个人承认他人的价值和地位,或他人的上帝、习俗、信念。我作为钢琴家或画家,可能很自信。如能获奖或售出画作,我会有更大的满足。自从人类把自己组织起来,进入社会等级制度后,承认往往是相对的,而不是绝对的。这使寻求承认的斗争,大大有别于经济交易的斗争。它是零和(zero sum),而不是正和(positive sum)。即某人获得承认,必然牺牲他人的尊严,地位只是相对的。在地位比赛中不存在贸易中的双赢情形。

    寻求承认的欲望有其生物学根源。黑猩猩和其他灵长目,在各自的族团中,争夺雄性老大和雌性老大的地位。黑猩猩群体的等级制度提供繁衍优势,因为它控制群体内的暴力,凝聚成员,一致对外。雄性老大获得更多性伙伴,以保证繁衍成功。在包括人类的各种动物中,寻求地位的行为已成为遗传,与寻求者大脑中的生化变化直接有关。当猴子或个人顺利取得高级地位时,其血液中重要的神经传递物复合胺(serotonin),会获得大幅提高。

    人类具有更为复杂的认知力,其寻求的承认不同于灵长目。黑猩猩雄性老大只为自己寻求承认,而人类还为抽象概念寻求承认,如上帝、旗帜、圣地。当代政治的大部,以寻求承认为中心。对少数民族、女性、同性恋者、土著等来说,尤其如此。他们有历史理由相信,自身价值从没得到重视。这些寻求可能有经济色彩,如同工同酬,但通常只是尊严的标记,并不是目标本身。

    我们今天把寻求承认称作“身份政治”。这类现象主要出现于流动且多元的社会,其成员可具多重身份。甚至在现代世界出现之前,承认已是集体行为的重要动机。人类奋斗,不仅为自身利益,而且代表群体,要求外人尊重他们的生活方式——习俗、上帝、传统。所采取的形式,有时是统治外人,更多时候是相反。人类自由的基本涵义是自治,即避免隶属于不配的外人。犹太人三千多年前逃离埃及的奴役,以后每逢逾越节所庆祝的,就是此种自由。

    承认现象的根本所在是裁决他人的内在价值,或人为的规范、思想和规则。强迫的承认毫无意义,自由人的赞美远远胜过奴隶的卑从。群体钦佩某成员,因为他显示出彪悍、勇气、智慧、判决纠纷时的公平,政治领袖遂得以产生。政治可说是争夺领导权的斗争,但也是追随者的故事。大众甘做部属,愿意给予领袖更高地位。在凝聚且成功的群体中,部属地位是心甘情愿的,这基于领袖有权统治这一信念。

    随着政治制度的发展,认可自个人移至制度——转移到持续的规则或行为模式,像英国君主制或美国宪制。在这两个范例中,政治秩序都基于合法性,以及合法统治所带来的权威。合法性意味着,社会成员大体上承认制度是基本公正的,愿意遵守其各项规则。我们相信,当代社会的合法性,表现在民主选举和尊重法治。但在历史上,民主制不是唯一的合法政府。

    政治力量最终以社会凝聚为基础。凝聚可源自自利,但光是自利不足以诱使追随者为群体而牺牲自己生命。政治力量不仅是社会可掌控的公民人数和资源,也是对领袖和制度合法性的认可程度。

    政治发展的基础

    现在,我们有了一切重要和自然的构件来组建政治发展的理论。人类虽然自私,但却是理性的,如经济学家所称的为自利而学会互相合作。此外,人性提供通向社会性的既定途径,为人类的政治披上下列特征:

    • 包容适存性、亲戚选择、互惠利他是人类交际性的预设模式。所有的人都倾向于照顾亲戚和互换恩惠的朋友,除非遇上强烈的惩罚。
    • 人享有抽象和理论的能力,以心智模型探究因果关系,又偏爱在无形或非凡的力量中寻找因果关系。这是宗教信仰的基础,而宗教又是凝聚社会的重要源泉。
    • 人倾向于遵循规范,以情感为基础,而不是理性。心智模型和其附属的规则,常被赋予内在价值。
    • 人渴望获得他人的主观承认,或对自己的价值,或对自己的上帝、法律、习俗、生活方式。获得的承认成为合法的基础,合法本身则允许政治权力的实施。

    这些自然特征是社会组织益加复杂的基础。包容适存性和互惠利他,不仅属于人类,也见于众多动物,为(主要是)亲戚小群体的合作作出了解释。人类初期的政治组织,很像在灵长目中看到的族团社会,如黑猩猩的。这可被认作社会组织的预设。照顾家人和朋友的倾向,可通过新的规则和奖励加以克服。譬如,颁发规定,只能雇用合格者,而不是家人。某种意义上,较高层次的制度则显得颇不自然,一旦崩溃,人类就会返回较早的社会形式。这就是我讲的家族制的基础。

    人类以其抽象理论的能力,很快建立征服环境和调节社会行为的新规则,远远超过黑猩猩中存在的规则。尤其是祖先、精神、上帝和其他无形力量的观念,订下新规则和相应的奖励。不同种类的宗教大大提高人类社会的组织程度,并不断开发社会动员的新形式。

    与遵循规范有关的一套高度发达的情感,确保关于世界如何运作的心智模型即使不再符合现实,也不是可丢弃的简单理论。(甚至在现代自然科学领域,虽有假设检验的明确规则,但科学家偏爱现存理论,宁愿抵制相反的实验证据。)心智模型和理论常被赋予内在价值,从而促进社会稳定,允许社会的扩展。但这显示,社会是高度保守的,将顽强抵制对其支配观念的挑战。这在宗教思想上表现得最为明显。世俗的规则,以传统、礼仪、习俗的名义,也被注入极大的情感。

    社会在规则上趋向保守,是政治衰败的来源之一。因应环境而建立的规则或制度,在新的环境中变得功能失调,却得不到更换,因为人类已注入强烈情感。这表示,社会变化不会是直线的——随时势的变动而作频繁的小型调整,而是延长的淤滞,继之以剧烈变革的爆发。

    由此说明暴力对政治发展的重要性。霍布斯指出,对暴毙的恐惧,与获益或经济欲望相比,是截然不同的感受。很难为自己的生命或爱人的生命标出一个价格。所以,害怕和不安全对人类的激发,往往是单纯自利所比不了的。政治出现是为了控制暴力,但暴力又是政治变化的背景。社会可能陷于功能失调的制度均衡中,因为既得利益者否决任何必要的变革。为打破这一平衡,暴力或暴力的威胁有时就变得不可或缺。

    最后,获得承认的欲望,确保政治不会降成简单的经济自利。人类对他人或制度的内在价值、功用、尊严不断作出裁决,再借此建立等级制度。政治力量最终植根于承认——领袖或制度被公认的合法性,得以赢得追随者的尊敬。追随者可能以自利出发,但最强大的政治组织,其合法性以广受欢迎的观念思想为基础。

    生物学为我们提供了政治发展的构件。横跨不同社会的人性是基本不变的。我们所看到政治形式上的巨大差异,不管是现在还是历史上,首先是人类所处环境的产物。人类社会分支蔓延,填补世界上多样的自然环境。他们在特定进化(specific evolution)的过程中,发展出与众不同的规范和思想。此外,各群体也在互动,在促进变化方面,其重要性与自然环境不相上下。

    分隔甚远的社会,对政治秩序问题却提出异常相似的解决方案。几乎每个社会,都曾一度经历过以亲戚关系为基础组织起来的阶段,其规则逐渐变得复杂。多数社会随后发展了国家制度和非人格化管理方式。中国、中东、欧洲和印度的农业社会,得以发展中央集权的君主制,以及益加官僚化的政府。甚少文化联系的社会,却发展出相似的制度,如中国、欧洲、南亚政府所建立的盐业专卖。近年来,民主负责制和人民主权成为普遍接受的规范思想,只在实施程度上有高低之分。不同社会经不同路径而走到一起,这一重聚提示了人类群体在生物学上的相似。

    进化与迁移

    古人类学家追溯从灵长目先驱到“行为意义上的现代人类”的进化。人口遗传学家所作的贡献,则是追踪人类朝地球不同地区的迁移。普遍认为,类人猿至人类的进化在非洲发生。人类离开非洲前往世界各地,经历了两次大迁徙。所谓的古人类——直立人(homo Erectus)和巨人(Homo ergaster)——早在一百六十万至二百万年前就离开非洲,迁往亚洲北部。三十至四十万年前,巨人的后裔海德堡人(Homo heidelbergensis)自非洲抵达欧洲。他们的后裔就是欧洲后来的人类,如赫赫有名、散居多处的尼安德特人。

    解剖学意义上的现代人类(anatomically modern humans)——其尺寸和体格特征,大致等同于现代人类——出现于约二十万年前。行为意义上的现代人类的出现,约在五万年前。他们能用语言进行交流,并开始开发较为复杂的社会组织。

    依据时下的理论,几乎所有非洲之外的人,都是行为意义上的现代人类某群体的后裔。约在五万年前,这个其成员可能仅 150 人的群体离开非洲,穿越阿拉伯半岛的霍尔木兹海峡。虽然缺乏书面材料,但人口遗传学的最新进展,使古人类学家得以跟踪此一进程。人类的遗传,包括 Y 染色体和含历史线索的线粒体 DNA。Y 染色体归男性独有,余下的 DNA 则由母亲和父亲的染色体重组,代代有别。Y 染色体由父亲单传给儿子,基本上完好无损。相比之下,线粒体 DNA 是陷入人类细胞的细菌痕迹。数百万年前,它就为细胞活动提供能源。线粒体有它自己的 DNA,可与 Y 染色体媲美,由母亲单传给女儿,也基本上完好无损。Y 染色体和线粒体都会积累基因的突变,然后由后代儿子或女儿所继承。计算这些基因突变,弄清哪个在前哪个在后,人口遗传学家便可重建世界上不同人类群体的血统。

    于是有下列的假定:几乎所有非洲之外的人,都是行为意义上的现代人类某群体的后裔,因为在中国、新几内亚、欧洲、南美洲,当地人口都可回溯至同一的父母血统。(非洲本身有较多血统,因为现居非洲外的人口,只是当时非洲数个群体之一的后裔。)该群体在阿拉伯半岛分道扬镳,一个族团沿阿拉伯半岛和印度的海岸线,进入现已不存的巽他大陆(Sunda,连接现今的东南亚诸岛)和萨浩尔大陆(Sahul,包括新几内亚和澳洲)。他们的迁移得益于当时出现的冰川期,地球的大部分水源已冻成冰帽和冰川。与今日相比,当时海平面足足低了数百英尺。依据遗传定时法(genetic dating),我们知道,目前居住于巴布亚新几内亚和澳洲的美拉尼西亚人和澳洲土著,已在那里定居了将近四万六千年。这表示,他们的祖先离开非洲后,仅花费不长时间便抵达这一偏远角落。

    其他族团离开阿拉伯半岛后,朝西北和东北两个方向迁移。前者经过近东和中亚,最终抵达欧洲。在那里,他们遇上早先脱离非洲的古人类后裔,如尼安德特人。后者则在中国和亚洲东北部定居繁衍,再穿越其时连接西伯利亚和北美洲的陆地桥梁,最终南下至中南美洲。约在公元前一万二千年,已有人抵达智利南部。 巴别塔(Tower of Babel)的圣经故事称,上帝把统一联合的人类驱散到各地,令他们讲不同语言。在比喻意义上,这确是真相。人类迁移到不同环境,随遇而安,发明新的社会制度,开始退出自然状态。我们将在之后的章节看到,起初的复杂社会组织,仍以亲戚关系为基础,其出现全靠宗教思想的协助。

    第 3 章 表亲的专横

    人类社会进化的事实和性质,以及相关的争议;家庭或族团层次的社会向部落的过渡;介绍血统、宗族和其他人类学基本概念

    卢梭的《论人类不平等的起源和基础》(1754 年)发表之后,涌现出大量涉及人类早期制度起源的理论。首先在 19 世纪末,新兴人类学的首创者,如路易斯·亨利·摩尔根(Lewis Henry Morgan)和爱德华·泰勒(Edward Tylor),收集积累了尚存原始社会的实证资料。摩尔根对日益减少的北美洲土著进行实地勘察,发明了解释其亲戚关系的详尽分类,并将此推及欧洲的史前。在《古代社会》一书中,他将人类历史分为三阶段——野性、野蛮、文明,他认为,所有人类社会都须一一经历这三个阶段。

    卡尔·马克思的合作者弗里德里希·恩格斯读了摩尔根的书,运用该美国人类学家的民族学研究,发展出私人财产和家庭的起源理论,之后变成共产世界的福音。马克思和恩格斯携手推出现代最著名的发展理论:他们设置一系列的进化阶段——原始共产主义、封建主义、资本主义、真正的共产主义——全部由社会阶级的基本矛盾所驱动。马克思主义这一错误和从简的发展模型,误导了后来数代的学者,或寻找“亚细亚生产方式”,或试图在印度找到“封建主义”。

    早期政治发展理论研究的第二动力,来自查尔斯·达尔文(Charles Darwin)出版于 1859 年的《物种起源》,以及其自然淘汰理论的进一步阐述。将生物进化原理应用到社会进化上,像赫伯特·斯宾塞(Herbert Spencer)等在 20 世纪初所作的,在逻辑上讲得通。斯宾塞认为,人类社会都要参与生存竞争,优秀的得以支配低劣的。欧洲之外社会的发展,或受到阻妨,或停滞不前。达尔文之后,进化理论在辩护当时的殖民秩序上确实取得成功。全球等级制度的顶端是北欧人,通过黄色和棕色皮肤的深浅不同,一直降至身处底部的黑色非洲人。

    进化理论中褒贬和种族的特色,酿成 20 世纪 20 年代的逆反回潮,至今仍在影响世界上人类学和文化研究部门。优秀的人类学家弗兰茨·博厄斯(Franz Boas)主张,人类行为受到社会彻头彻尾的改造,并不植根于生物学。他在一项著名研究中,以移民头颅大小的实证资料证明,社会达尔文主义者归因于种族的东西,实际上却是环境和文化的产物。博厄斯还认为,早期社会的研究需摒弃对各式社会组织的高低评估。在方法论上,民族学家应放弃自己文化背景的偏见,全身心投入他们所研究的社会,评估其内在逻辑。克利福德·格尔茨(Clifford Geertz)提倡“深描”(thick description);他认为,不同社会只可解说,不可互比,不分轩轾。博厄斯的学生阿尔弗雷德·克鲁伯(Alfred Kroeber)、玛格丽特·米德(Margaret Mead)和露丝·本尼迪克特(Ruth Benedict),则把文化人类学科继续引向非评判性的、相对的、绝无进化的方向。

    早期的进化理论,包括马克思和恩格斯的,还存有其他问题。它们的社会形式,往往是相对直线的,有严谨的等级,前阶段必须早于后阶段,某元素(像马克思的“生产方式”)决定整个阶段的特征。随着对尚存原始社会的知识积累,大家愈益清楚,政治复杂性的进化不是直线的。任何指定的历史阶段,往往包含前阶段的特征。将社会推至下一阶段,又凭借多重的动态机制。事实上,我们可在以后的章节中看到,前阶段并不被后阶段完全替代。中国早在三千多年前,便由基于亲戚关系的组织过渡至国家层次。但时至今日,复杂的亲戚关系组织,仍是一部分中国社会的特征。

    人类社会是非常复杂的,很难由文化的比较研究总结出真正的普遍规律。发现了违反所谓社会发展规律的冷僻社会,人类学家常常感到兴奋。但这并不表示,不同社会中没有进化形式中的规则性和同类性。

    史前阶段

    以 19 世纪的社会达尔文主义为背景,博厄斯派的文化相对论是可以理解的。但它在比较人类学的领域里,留下了政治上求正确(political correctness)的持久遗产。严格的文化相对论,有悖于进化论,因为后者明确要求厘清社会组织的不同层次,并确定后一层次取代前一层次的原因。人类社会随时间而进化,这是显而易见的。生物进化的两个基本组件——变化和选择——也适合人类社会。即使我们细心避免后期文明“高于”前期文明的评判,但它们确实变得更为复杂、更为丰富、更为强大。因应成功的文明,常常战胜因应不成功的,恰似个体有机体之间的竞争。我们继续使用“发展中”或“开发”的名词(如“发展中国家”和“美国国际开发署”),佐证了下列共识:现存的富裕国家是上一阶段社会经济进化的结果,贫穷国家如有可能,也将参与这一进化过程。在历史长河中,人类的政治制度借文化而获得传递,与借基因的生物进化相比,则面对更多的悉心设计。达尔文的自然淘汰原则与人类社会的进化竞争,仍有很明显的类似。

    这一新认可导致了进化理论在 20 世纪中期的复兴。人类学家如莱斯利·怀特(Leslie White)、朱利安·斯图尔德(Julian Steward)、埃尔曼·塞维斯(Elman Service)、莫顿·弗莱德(Morton Fried)和马歇尔·萨林斯(Marshall Sahlins)认为,各式社会在复杂、规模、能源使用各方面,都呈现出明显的升级。根据萨林斯和塞维斯,人类群体都经历所谓的“特别进化”,以适应他们所占居的生态环境,其结果便是社会形式的多样化。对社会组织的普遍问题,不同社会往往采取类似的应对方法。由此表明,相交相汇的“普遍进化”在生效。

    人类学家的难题是,没人能直接观察,人类社会如何从早期模式发展到较复杂的部落或国家。他们唯一能做的,只是假设现存的狩猎采集或部落社会是早期模式的实例,再通过观察其行为来推测引发变化的力量,如部落何以演变为国家。可能是基于此,对早期社会进化的推理,已从人类学移至考古学。不像人类学家,考古学家可通过不同文明在数十万年间留下的物质记录,追踪其社会活力的伸张。例如,考古学家调查普韦布洛(Pueblo)印第安人住宅和饮食的改变,得以了解战争和环境压力对社会组织的改造。其缺点也是显而易见的,即缺乏民族学研究的丰富细节。太依赖考古学记录,会导致对唯物主义解释的偏爱,因为史前文明的精神和认知世界,其大部已永远丢失。

    泰勒、摩尔根、恩格斯之后,对社会发展的进化阶段的分类系统,也经历了自身的进化。放弃了具强烈道德色彩的词句,如“野性”和“野蛮”,而改用中性的描述,如点明主要技术的旧石器、新石器、青铜器、铁器时代。另一系统则点明主要的生产方式,如狩猎采集、农业、工业社会。进化人类学家,以社会或政治组织的形式来排列阶段。这是我在此所选用的,也是我的主题。埃尔曼·塞维斯发明了四个层次的分类,即族团、部落、酋邦、国家。族团和部落中,社会组织以亲戚关系为基础,成员之间相对平等。相比之下,酋邦和国家等级分明,不以亲戚关系而以领土为基础来行使权力。

    家庭和族团层次的组织

    很多人相信,原始人类社会组织是部落的,这一见解可追溯到 19 世纪。早期的比较人类学家,如努马·丹尼斯·甫斯特尔·德·库朗日(Numa Denis Fustel de Coulanges)和亨利·梅因,认为要在复杂的亲戚团体中去理解早期的社会生活。但部落组织的兴起,要到九千年前定居社会和农业出现时。这之前,狩猎采集社会历时数万年,由类似灵长目族团的流浪家庭集居而成。这样的社会,至今尚存于合适的边缘环境,如爱斯基摩人、卡拉哈里沙漠的布须曼人(Bushmen)、澳洲的土著。(也有例外,如美国太平洋西北部的土著,属狩猎采集者,却生活于可支撑复杂社会的富饶区域。)

    卢梭指出,政治不平等起源于农业的兴起,他在这点上是基本正确的。出现农业之前的族团层次社会,不存在任何现代意义的私人财产。就像黑猩猩的族团,狩猎采集者居住于他们守卫的领土,偶尔为之争斗。但他们不像农人,犯不上在一块土地上设立标志,说“这是我的”。如有其他族团前来侵犯,或有危险猎食者渗入,由于人疏地广,族团层次的社会有移居他方的选择。他们较少拥有像已开垦的耕地、房子等投资。

    族团层次的内部,类似现代经济交易和个人主义的东西是绝对不存在的。这个阶段没有国家暴政,更确切地说,人类只体验到社会人类学家厄内斯特·格尔纳(Ernest Gellner)所称的“表亲的专横”。你的社交生活囿于你周遭的亲戚,他们决定你做什么,跟谁结婚,怎样敬拜,还有其他一切。家庭或数户家庭合在一起打猎和采集。特别是打猎,与分享直接有关,因为那时没有储存肉类的技术,猎到的动物必须马上吃掉。进化心理学家纷纷推测,现代流行的进餐分享(圣诞节、感恩节、逾越节),都起源于长达数千年的猎物分享传统。此类社会中,大多数的道德规则不是针对偷人财产者,而是针对不愿与人分享者。在永久匮乏的阴影下,拒绝分享往往影响到族团的生存。

    族团层次的社会高度平等,其主要差别仅在年龄和性别上。在狩猎采集社会中,男人打猎,女人采集,繁衍一事自有天然分工。族团内,家庭之间仅有极小的差别,没有永久领袖,也没有等级制度。个人因突出的品质,如力大、智慧、可信,而被授予领袖地位。但该地位是流动的,很容易移至他人。除了父母和孩子,强制的机会非常有限。如弗莱德所说:

    简易平等社会的民族学研究中,很难找到某人要求他人“做这做那”的案例,却充满了某人说“如能完成此事,那真太好了”之类的话语。之后他人可能照办,也可能不予理睬……因为领袖无法迫使他人。在我们的叙述中,领袖扮演的角色只牵涉权威,无关乎权力。

    此类社会中,领袖因群体的共识而浮现。但他们没有职权,不能传予子孙。没有集中的强制力量,自然就没有现代意义的第三方执法的法律。

    族团层次的社会围绕核心家庭而建,通常奉行人类学家所称的异族通婚和父系中心(patrilocal)。女人嫁出自己的社会群体,搬到丈夫的居所。这种习惯鼓励群体之间的交往互动,增加基因的多样化,创造群体之间发生贸易的条件。异族通婚也在减轻冲突中发挥作用。群体之间有关资源或领土的争议,可通过女人的交换而获得谅解,就像欧洲君主为政治目标而安排的战略性联姻。群体的成员组成,与之后的部落社会相比,则更为流动:“任何地域的食物来源,不管是派尤特人(Pauite)的松果或野草籽的丰收,冬春猎场上海豹的数量,还是中部爱斯基摩人在内陆峡谷遇上驯鹿群的迁移,都是不可预测的,且分布太疏,以致任何一代的亲戚,即使想组成凝聚排外的群体,也屡屡遭挫。因为生态机遇时时在诱惑个人和家庭采取机会主义。”

    从族团到部落

    农业的发展,使族团层次过渡到部落层次变得可行。九千到一万年前,世界上很多地区出现农业,包括美索不达米亚、中国、大洋洲、中美洲,常常位于肥沃的冲积流域。野草和种子的驯化逐一发生,伴以人口的大增。新兴的产粮技术促使人口繁密,似乎是符合逻辑的。但埃斯特·博塞鲁普(Ester Boserup)认为,这样讲是因果颠倒了。无论如何,它对社会的影响是巨大的。取决于气候,狩猎采集社会的人口密度是每平方公里 0.1 到 1 人,而农业的发明,则允许人口密度上升至每平方公里 40 到 60 人。至此,人类的相互接触更加广泛,便会要求截然不同的社会组织形式。

    “部落、氏族、家族、宗族”,被用来描绘高于族团的新层次社会组织,但用得不够精确,甚至靠此吃饭的人类学家也是如此。其共同特征是:第一是分支式(segmentary)的,第二是以共同的老祖宗为原则。

    社会学家涂尔干以“分支”一词来解释由小型社会单位自我复制而成的社会,如蚯蚓的分段。这样的社会以添加新的支系而获得扩展,但没有集中的政治机构,没有现代的分工,也没有他所描绘的“有机”团结。发达社会里,没有人是自给自足的,每个人都要依赖社会中大批他人。发达社会的多数人,不知道如何生产自己的粮食、修理自己的汽车、制造自己的手机。在分支式社会中,每个“支系”都是自给自足的,都能丰衣足食,都能自我防卫。因此,涂尔干称之为“机械”团结。各支系可为共同目的聚在一起,如自卫,但他们不依赖对方以获生存。在同一层次上,每个人只能属于一个支系。

    部落社会里,支系以共同老祖宗为原则。其最基本单位是宗族,成员们可追溯到好几代之前一名共同老祖宗。人类学家使用的术语中,后裔可以是单传(unilineal),也可是双传(cognatic)。单传系统中,后裔追随父亲,被标为父系;追随母亲,被标为母系。双传系统中,后裔可追随父母双方。稍作思考便可明白,分支式社会只能是单传。为了避免支系的重叠,每名小孩只可分给一个后裔群,或是父亲的,或是母亲的。

    在中国、印度、中东、非洲、大洋洲、希腊、罗马曾经流行的宗族组织是父系家族。它是最普遍的,也存在于战胜欧洲的野蛮部落。罗马人称之为 agnatio(族亲),人类学家遂称之为 aganation。父系家族只追踪男性的血脉。女人结婚时,便离开自己家族,转而加入丈夫家族。中国和印度的男系家族制度中,女人几乎彻底切断与自己家族的联系。所以,婚姻之日变成妻子的父母悲伤时,只能在女儿的聘礼上获求补偿。女人在丈夫家里没有地位,直到生下儿子。其时,她彻底融入丈夫的宗族组织,在她丈夫的祖先坟前祷告祭祀,保障儿子将来的遗产。

    父系家族虽是最普遍,但不是单传的唯一形式。在母系社会里,后裔和遗产追随母亲家族。母系社会(matrilineal)不同于女性掌权得以支配男性的女家长社会(matriarchal)。似乎没有证据显示,真正的女家长社会真有存在。母系社会仅表示,结婚时是男子离开自己家族,转而加入妻子的家族;权力和资源,基本上仍掌握在男子手中;家庭中的权威人士通常是妻子的兄弟,而非孩子的生父。母系社会远比父系社会罕见,但仍可在世界各地找到,如南美洲、美拉尼西亚、东南亚、美国西南部、非洲。埃尔曼·塞维斯指出,它们通常建立于特殊环境,如依靠女人劳作的雨林园艺区域。但该理论无法说明,为什么美国西南沙漠地带的霍皮人(Hopi),也是母系社会和母系中心的(matrilocal)。

    宗族有个神奇的特点,只要追溯到更早祖先,便能进入更为庞大的宗族组织。例如,我是追溯到我爷爷的小宗族成员,邻人的爷爷便是外人。如作进一步的追溯,到第四代、第五代甚至更早,我们两个宗族又找到亲戚关系。如情况合适,大家就有可能携手合作。

    此类社会的经典描述是爱德华·埃文斯—普理查德(Edward Evans-Pritchard)对努尔人(Nuer)的研究,他的著作《努尔人》为数代人类学的学生所必读。努尔人是居住在苏丹南方养牛的游牧民族。20 世纪末,他们和传统对手的丁卡人(Dinka)联合起来,在约翰·加朗(John Garang)和苏丹人民解放军的领导下,向喀土穆的中央政府展开长期斗争,以争取南方独立。但在 20 世纪 30 年代,埃文斯—普理查德进行实地考察时,苏丹仍是英国殖民地,努尔人和丁卡人仍生活在传统中。

    根据埃文斯—普理查德,“努尔人部落是分支式的。我们把最大的支系,称之为主要部落。它再一步步分割成第二层次和第三层次的部落……第三层次由数个村庄组成,其居民相互之间都有亲戚和家庭的关系”。

    努尔人的宗族组织彼此经常打架,通常是为了在他们文化中占中心地位的牛。同一层次内,血统之间互相打斗。但他们又能联合起来,在更高层次作战。到了最高层,全体努尔人同仇敌忾,向以同样方法组织起来的丁卡人开战。埃文斯—普理查德解释说:

    每个支系,本身也是可分的,其成员互相存有敌意。为反对同样层次的邻近支系,支系的成员会联合起来;为反对更高层次的支系,又会与同样层次的邻近支系联合起来。努尔人以政治价值来解释这些联合原则,他们会说:如果娄(Lou)部落的郎(Leng)第三层次支系与努阿克瓦科(Nyarkwac)第三层次支系打仗——事实上,两支系之间战事频频——组成这两支系的各个村庄都会参战;如果努阿克瓦科第三层次支系与鲁莫乔科(Rumjok)第二层次支系发生争执——不久前,为了用水——郎和努阿克瓦科将团结起来,以反对共同敌人鲁莫乔科。鲁莫乔科也将组成其各支系的联盟。

    各支系能在较高的层次汇总。一旦联合的原因(如外部威胁)消失,它们又倾向于迅速瓦解。可在众多不同的部落社会中,看到多层次的支系。它体现在阿拉伯的谚语中:“我针对我兄弟、我和我兄弟针对我表亲、我和我表亲针对陌生人。”

    努尔人社会里没有国家,没有执行法律的中央权威,没有制度化的领导等级。像族团层次的社会,努尔人社会也是高度平等的。男女之间有分工,宗族之内有分代的年龄级别。所谓的豹皮酋长,只扮演礼仪的角色,帮助解决成员的冲突,但没有强迫他人的权力。“在整体上我们可以说,努尔人酋长是神圣的人,但这神圣并没给他们带来特殊场合之外的权力。我从未看到,努尔人特别尊敬酋长,或在谈话中把他们当作重要人物。”

    努尔人是分支世系组织获得充分发展的范例,其宗族系谱的规则严格决定社会的结构和地位。其他的部落社会,则更为松散。共同老祖宗,与其说是严格的亲戚规定,倒不如说是建立社会义务的借口。甚至在努尔人中,仍有可能把陌生人带入宗族,视之为亲戚(人类学家称之为虚拟的亲戚关系)。很多时候,亲戚关系只是政治联盟的事后理由,并非构建社团的原动力。中国的宗族往往有成千上万的成员,整个村庄使用同样的姓,这显示中国亲戚关系的假想和包容。当西西里岛的黑手党把自己称作“家庭”时,它的血誓仅是血亲的象征。现代的种族划分,把共同老祖宗推到很远,使宗族系谱的追溯变得异常艰难。我们把肯尼亚的卡冷金(Kalenjin)或基库尤(Kikuyus)称作部落,该称呼是非常松散的,因为他们各自的人数,少至数十万,多至数百万。

    祖先和宗教

    实际上,所有的人类社会都曾经组成部落。因此,很多人倾向于相信,这是自然的情形,或有生物学上的原因。但弄不清,为什么你想与四圈之外的表亲合作,而不愿与非亲的熟人合作。难道,这只是因为你与表亲分享了六十四分之一的基因。动物不这样做,族团层次的人也不这样做。人类社会到处建立部落组织,其原因是宗教信仰,即对死去祖先的崇拜。

    对死去祖先的崇拜开始于族团层次社会,每个族团内都会有巫师或宗教人,专司与死去祖先联络的工作。随着宗族的发展,宗教变得更加复杂,更加建制化,反过来又影响其他制度,如领导权和产权。相信死去祖先对活人的作用,才是凝聚部落社会的动力,并不是什么神秘的生物本能。

    19 世纪法国历史学家甫斯特尔·德·库朗日,提供了有关祖先崇拜的最著名描述之一。他的《古代城市》初版于 1864 年,给数代欧洲人带来启示。欧洲人习惯于把希腊和罗马的宗教与奥林匹克的众神挂起钩来。甫斯特尔·德·库朗日则揭示更古老的宗教传统,其他印欧群体,包括移居印度北部的印度—雅利安人,也在遵循这一古老传统。他认为,对希腊和罗马人来说,死者的灵魂并不飞上天国,却住在葬地的底下。基于此,“他们总是陪葬他们认为死者需要的东西——服装、器皿、武器。他们在他坟上倒酒以解渴,放置食物以充饥。他们殉葬马匹和奴隶,认为这些生命将在坟里为死者继续服务,就像生前一样”。死者的精灵——拉丁文是 manes——需要在世的亲戚不断的维持,定期供上食物和饮料,免得他们发怒。

    在最早期的比较人类学家中,甫斯特尔·德·库朗日的知识领域远远超出欧洲史。他注意到,灵魂转世(死时灵魂进入另一肉体)和婆罗门宗教的兴起之前,印度教徒奉行类似希腊罗马的祖先崇拜。亨利·梅因也强调这一点,他认为,祖先崇拜“影响着自称为印度教徒的大多数印度人的日常生活,在多数人的眼中,自己家神比整个印度万神庙更为重要”。假如库朗日的知识领域涉及更远,他很有可能发现古代中国相似的葬礼。那里,崇高地位人士的墓穴填满了青铜和陶瓷的三足鼎、食物、马、奴隶、计划陪伴死者的妾。像希腊和罗马人,印度—雅利安人也在家里供养圣火。圣火代表家庭,永远不得熄灭,除非家族本身不复存在。所有这些文化中,圣火被当作代表家庭健康和安全的神而受到崇拜——这里家庭不仅是现存的,而且是死去多年的列祖列宗的。

    部落社会中,宗教生活和亲戚关系紧密相连。祖先崇拜是特定的,不存在整个社群都崇拜的神。你只对自己祖先有责任,对你邻居或酋长的祖先则没有责任。通常,祖先并不久远,不像所谓的罗马人祖先的罗慕路斯(Romulus)。祖先只是三或四代之前的人,家中老人可能还记得。根据甫斯特尔·德·库朗日,它丝毫不像基督教对圣徒的崇拜:“葬礼的礼仪只容最亲近的亲戚做虔诚表演……他们相信,祖先不会接受他人的奉献,只接受家人的;祖先不需要崇拜,除非是自家的后裔。”此外,每人都渴望有男性后裔(父系家族),因为只有他们才能在其死后照料他的灵魂。因此,结婚和育有男性后裔变得非常重要。大多数情形下,独身在早期希腊和罗马都是非法的。

    这些信念的结果是,除了现存子女,每个人与死去的祖先和未来的后裔都有关联。裴达礼(Hugh Baker)这样解释中国的宗族关系,一条绳子代表血脉,“两端是无穷尽的,经过一把象征现在的剃刀。如果绳子遭到腰斩,两端就会自行掉离,绳子不复存在。如果一名男子死而无后,其祖先和后裔的连续体便跟着一起消亡……他的存在是必须的,因为他是整体的代表。除此之外,他又是无关紧要的”。

    部落社会中,以宗教信仰形式出现的思想,对社会组织有极大影响。对先祖的信仰得以凝聚众人,其规模大大超过家庭或族团层次。该“共同体”包括的,不仅是宗族、氏族、部落现有成员,而且是祖先和未来后裔的整条绳子。甚至最疏远的亲戚都会觉得,他们之间有牵连和职责。这种感受,借共同体共同遵循的礼仪,而获得加强。对如此的社会制度,成员不相信有选择的权力。说得确切些,他们的角色在出生之前已被社会预定。

    宗教和权力

    军事上,部落社会远比族团层次社会强大。一获通知,他们可动员数百乃至数千名的亲戚。第一个以祖先崇拜来动员大量亲戚的社会,很可能享有对付敌人的巨大优势。一经发明,它就会刺激他人的模仿。因此,战争不仅造就了国家,也造就了部落。

    宗教在促进大规模的集体行动方面扮演了重要角色。很自然,人们要问:部落组织是既存宗教信仰的结果呢?抑或,宗教信仰是后添的,以加强既存的社会组织?很多 19 世纪的思想家,包括马克思和涂尔干,都相信后者。马克思有句名言:宗教是大众的“麻醉剂”,它是精英们发明出来以巩固其阶级特权的神话。据我所知,他没有对部落社会的祖先崇拜发表过任何意见。但也可推而广之,说家长在操纵死去祖先的愤怒,以加强自己在活人中的权威。另一解释是,需要帮助以对抗共同敌人的族团领袖,为赢得邻人支持,而求援于传奇或神话中死去多年的共同祖先。虽是他的首倡,但这想法蔓延滋长后自成一体。

    很不幸,我们只能推测思想与物质利益之间的因果关系,因为无人目睹从族团层次到部落社会的过渡。考虑到宗教观念在后来历史中的重要性,假如因果关系不是双向交流的,人们反而会感到惊讶。宗教创意影响社会组织,物质利益也影响宗教观念。但要记住,部落社会不是“自然”的,不是其他更高社会崩溃时回归的首选。它出现于家庭和族团层次社会之后,只在特殊环境中繁荣昌盛。它产生于特定历史时期,靠某种宗教信仰获得维持。如若新宗教引入,原有信仰发生变化,部落社会就会分崩离析。我们将在第 19 章看到,这就是基督教挺进野蛮欧洲后所发生的。随时间流逝,部落社会被更有弹性、更易扩张的社会所取代,但其缩了水的变种从未消失。

    第 4 章 部落社会的财产、正义、战争

    第 4 章 部落社会的财产、正义、战争

    亲戚关系和产权发展;部落社会中正义的性质;部落社会作为军事组织;部落组织的优缺点

    法国大革命以来,分隔左右两派的最大争议之一就是私人财产。卢梭在《论人类不平等的起源和基础》中,将不公平的起源追溯到圈地标为己产的首位男人。卡尔·马克思把废除私有财产定为政治目标,受他激励的所有共产党政权,所采取的最早施政之一就是“生产工具的国有化”,不单是土地。相比之下,美国创始人之一的詹姆斯·麦迪逊(James Madison),在《联邦论》第 10 篇中坚持,政府最重要功能之一就是保护个人不均平的致富能力。现代新古典主义的经济学家,将私人产权视作经济持续增长的源泉。用道格拉斯·诺斯的话,“增长根本不会发生,除非现存经济组织是高效的”,这意味着“必须建立制度和产权”。20 世纪 70 年代末 80 年代初,发生了里根—撒切尔的革命。自那以后,市场导向的政策制定者,其当务之急就是将国有企业私有化,以提高经济效率,虽然遭到左派的激烈反对。

    共产主义的经验,大大提升了现代私人财产的重要性。基于对摩尔根等人类学家的误解,马克思和恩格斯认为,阶级剥削兴起之前,曾存在“原始共产主义”阶段,是共产主义意图恢复的理想国。摩尔根描述的惯例财产(customary property),由密切相处的亲戚团体所拥有。前苏联和中国的共产党政权,则强迫数百万无亲无故的农民,参加集体农庄。集体化打破努力和报酬之间的关联,摧毁对工作的奖励,在俄罗斯和中国造成大规模饥荒,严重降低农业生产力。在前苏联,仍在私人手中的 4% 土地,却提供将近四分之一的农业总产量。1978 年中国的人民公社,在改革家邓小平的领导下获得解散,农业产量仅在四年间就翻了一番。

    私人财产重要性的争论,大都牵涉所谓的“公地悲剧”(tragedy of the commons)。传统英国村庄,其放牧地由村庄居民集体所拥有,共同使用。但其资源是可耗尽的,常因使用过度而荒芜。将共有财产转为私人财产是避免荒芜的对策。业主甘心投资于维护,在持续基础上开发资源。加勒特·哈丁(Garrett Hardin)的著名文章认为,众多全球性的资源,如洁净空气和渔场等,都会遇上公地悲剧;如无私人产权或严格管理,将因过度消耗而变得一无用处。

    现代有关产权的非历史性讨论中,人们往往觉得,因为缺乏现代私人产权,人类一直面对公地悲剧。集体所有与有效使用是背道而驰的。现代产权的出现被认为是经济上的理性行为,人们讨价还价来分割共有财产,就像霍布斯的“利维坦”从自然状态中脱颖而出。如此解释会遇上两个疑问。第一,现代产权出现之前,曾存在各种各样的共有财产,虽未能像现代产权那样鼓励高效地使用,但也没导致类似的公地悲剧。第二,找不到很多案例来证明,现代产权始于和平自发的讨价还价。共有财产让位于现代产权,其过程是狂暴的,武力和欺骗扮演了重要角色。

    亲戚关系和私人财产

    最早的私人财产,不属于个人,而属于宗族或其他亲戚团体。主要动机不仅是经济的,而且是宗教和社会的。20 世纪苏联和中国的强迫性集体化,试图逆转时光,进入想象的、从未存在的理想国。它们让无亲戚关系的人合在一起,拥有共同财产。

    把希腊和罗马人的家庭牵连到具体地产的有两样东西:屋内供圣火的家灶(hearth)和附近的祖坟。渴望得到地产,不仅是为了它的生产潜力,还为了死去的祖先和不可移动的家灶。地产必须是私人的,只有如此,陌生人或国家才无法侵犯祖先的安息地。另一方面,早期私人财产缺乏现代产权的重要特征,通常只是使用权(usufructuary),不能出售,也不得改造。其主人不是单独的业主,而是现存和死去亲戚的整个社团。财产就像一种信托,为了死去的祖先和未来的后裔。很多现代社会也有类似安排。20 世纪初,一名尼日利亚酋长说,“我想,地产属于一个大家庭,其成员中,很多已死,少数还活着,还有无数尚未出生的”。地产和亲戚关系由此而紧密相连。它使你有能力照顾前世和后世的亲人,并通过与你休戚相关的祖先和后裔来照顾你本人。

    沦为殖民地前的部分非洲,其亲戚团体受土地的束缚,因为他们祖先葬在那里,就像希腊和罗马人。西非的长期定居点则有不同形式的宗教运作。首批定居者的后裔,被指定为土地祭司来维持土地庙,并主持有关土地使用的各式礼仪。新移民不是通过买卖,而是通过加入当地礼仪社团,以取得土地使用权。社团把种植、狩猎、捕鱼权,当作社团会员的特权,但不是永久的。

    部落社会中,财产有时由部落集体拥有。历史人类学家保罗·维诺格拉多夫(Paul Vinogradoff)如此描绘凯尔特部落(Celtic),“自由民和非自由民,依亲戚关系而聚居(父系家族)。他们集体拥有土地,其地界往往与村庄边界不同,像蜘蛛网分布在不同定居点”。集体拥有并不表示集体耕耘,像 20 世纪苏联或中国的集体农庄,个别家庭经常分到自己的耕地。其他情况下,个人可以拥有地产,但受严重限制,因为他有对亲戚的义务——活的、死的,还有未出生的。你的土地挨着你表亲的,收获时互相合作,很难想象将你的土地卖给陌生人。如你死而无后,你的土地归还给亲戚团体,部落经常有权再分配地产。根据维诺格拉多夫,在印度的边界地区,战胜的部落在大块土地上定居下来,但没把土地划分给亲戚。有时或定期的重新分配,证明部落对土地的有效统治。

    现代的美拉尼西亚,仍有亲戚团体的共有财产。在巴布亚新几内亚和所罗门群岛,95% 以上的土地仍是共有财产。采矿公司或棕榈油公司想买地产,必须应付整个一语部落。任何交易,部落中每个人都享有潜在的否决权,而且不受时效法律限制。因此,某亲戚团体决定将土地卖给公司;十年后,另一团体会站出来说土地是他们的,只在数代前被人偷走了。还有很多人,不愿在任何情况下出卖土地,因为祖先的神灵仍在那里居住。

    亲戚团体中的个人不能充分利用其财产,不能将之出售。但这并不表示,他们会忽略或不负责任。部落社会中的产权分得很清楚,即使不是正式或法律上的。部落拥有的财产是否得到很好照顾,与部落内部的聚合力有关,与部落所有权无关。哈丁叙述的共有财产灾难,在英国历史中到底造成多大灾难,尚不清楚。因议会圈地运动(Parliamentary Enclosure Movement)而告终的敞田制(open-field),并不是有效的土地使用方法。18 和 19 世纪的富裕地主,怀有强烈动机,把农民赶出共有地产。起初,敞田制与亲戚关系有关,以邻里耕耘者的团结为前提,通常没有使用过度和浪费的现象。如果有,也是由于英国乡村中社会凝聚力的下降。世界上其他运作良好的部落社会里,很难找到公地悲剧的纪录。此类问题,肯定没有骚扰美拉尼西亚。

    努尔人那样的部落社会,从事畜牧而非农业,其规则略有不同。他们不把祖先埋入需永久保护的坟墓,乃因追随牛群而要跋涉宽广地域。他们对土地的权利不是排他的,只是为了通行和使用,就像希腊和罗马家庭的土地。权利不全是私人的,但像其他的共有安排,这并不表示牧场一定会遭到过度开发。肯尼亚的图尔卡纳人(Turkana)和马赛人(Masai),西非的游牧民族富来尼人(Fulani),都发展了互相可以享用牧场但拒绝外人的制度。

    西方人没能理解共有财产的性质,以及它与亲戚团体的难解难分,或多或少是非洲目前政治失调的根源之一。欧洲殖民官员相信,缺乏现代产权,经济发展是不可能发生的。这个产权是独立且可转让的,并获法律制度的确认。很多人相信,如听任自由,非洲人将不懂如何有效且持久地使用土地。他们自己也有私心,或为天然资源,或为商业农场,或代表欧洲移民。他们想获得地契,便假设酋长“拥有”部落土地,宛如欧洲的封建君主,可以擅自签约转让。在其他情况下,他们请酋长做代理人,不仅为了土地,还把他招为殖民政府的一员。非洲的部落社会中,传统领袖的权力曾受到复杂亲戚制度的有效制衡。马哈默德·马姆达尼(Mahmood Mamdani)认为,欧洲人欲建立现代产权,故意让一帮贪婪的非洲头人攫取权力,以非传统的方式欺负自己部落的伙伴,从而助长了独立后世袭政府的滋长。

    法律和正义

    部落社会只有软弱的中央权威——头人或酋长,因此,其强制他人的能力远远低于国家。他们没有现代法律制度中的第三方执法。维诺格拉多夫指出,部落社会中的正义,有点像现代世界上国与国之间的关系:各式各样的主权决策者,有时互相谈判,有时全靠自助。埃文斯—普理查德如此解说努尔人的正义:

    血亲复仇是部落社会的规则,发生于违反法律之后,以获补偿。事实上,对血亲复仇的恐惧是部落中最重要的合法惩罚,也是个人生命和财产的主要保障……个人觉得受了损害,但投诉无门,无法得到赔偿。所以,他便向损害自己的人提出决斗,这一挑战必须获得接受。

    显而易见,埃文斯—普理查德在此提到的“法律”和“合法惩罚”都是泛指的,因为国家层次的法律与部落社会的正义很少存在关联。

    然而,如何实施血亲复仇,又有一套规则。遇害努尔人的亲戚,可以追缉作案者和作案者的男性近亲,但不能碰作案者母亲的兄弟、父亲的姐妹、母亲的姐妹,因为他们不是作案者的宗族成员。豹皮酋长会在中间调解,其住房又供作案者寻求避难和遵循礼仪,以净化自己沾上的遇害者的血。有关各方也需遵守精心的礼仪,以防冲突的扩大。例如,将伤害对方的矛送到受害者的村庄,以获魔法处理,从而避免伤口变得致命。豹皮酋长作为中立人士,享受一定的权威。他与被告村庄的其他长者一起,倾听对方的申述,但没权执行判决,就像无法执行现代国家之间判决的联合国仲裁人。仍以国际关系为例,实力是至关重要的,弱小的宗族很难从强大的宗族获得赔偿。讨回公道的程度,则取决于争执双方出于自利的斟酌。大家都不愿看到,血亲复仇逐步升级,造成更多伤害。

    实际上,所有部落社会都有寻求正义的相似规则:亲戚们有义务为受害者寻求报仇和赔偿;无约束力的仲裁制度,以帮助争端的和平解决;与各种犯罪相对称的赔偿表,北欧日耳曼部落将之称为赔偿金(wergeld)。《贝奥武夫》(Beowulf)传奇,就是一篇亲戚为遇害者寻求报仇或赔偿的英雄叙事长诗。不同的部落社会,自有不同的仲裁制度。太平洋海岸克拉马斯河(Klamath)的印第安社会中,“尤罗克(Yurok)人如想提出诉求,就要雇用二、三或四名越界者(crosser)。他们是来自其他社团的非亲人士,被告也要雇用自己的越界者。这群人合在一起充当中间人,确定诉求和反驳,并收集证据。听过所有证据之后,越界者会作出赔偿裁决”。像努尔人的豹皮酋长,越界者无权执行自己的判决,如当事人拒绝接受裁决,只能付诸排斥的威胁。部落男性同居于“流汗屋”(sweathouse)的事实,使之较为有效。被告核算,如自己将来受到委屈,也需要流汗屋伙伴的支持。因此,付出赔偿是得到鼓励的。

    同样,自 6 世纪克洛维一世(Clovis)时代以来,萨利族法兰克人(Salian Franks)在日耳曼各部落中胜出,他们的萨利克法典(Lex Salica)也建立正义规则:“萨利族法兰克部落成员,如向邻居提出诉求,在传召对方时一定要遵循精确的程序。他必须前往对方居处,在其他目击者面前宣布自己的诉求,并定下对方出席司法聚会的日期。如被告不来,他必须数次重复如此的传召。”维诺格拉多夫总结说:“我们清楚看到部落社会司法的固有弱点:其法律裁决的执行,通常不靠最高权威,在很大程度上落在诉讼者和其朋友的手中。所以只能说,这是部落社会在司法上批准和认可的自助。”

    第三方强制执行司法裁决,还必须等待国家的出现。但部落社会确实开发了愈益复杂的制度,以便在民事和刑事纠纷中提供妥当的裁决。部落法律通常不是书面的,但为了引用前例和建立赔偿额,仍需要监护人。斯堪的纳维亚发明了雷格曼一职(laghman),他是民选的法律专家,专门在审讯时发表有关法律规则的演讲。

    民众聚会起源于部落纠纷的判决。《伊利亚特》(Iliad)有关阿喀琉斯护盾(shield of Achilles)的章节,就描述一场涉及被杀男子价格的争论,在市场的大庭广众面前发生,再由部落长者读出最后的裁决。讲个更具体的案例,执行萨利克法律的是条顿制度(Teutonic),称作百户法庭,由当地村民组成,即现代模拟法庭(moot court)的源头。百户法庭在露天开会,其法官都是住在本地的自由民。百户法庭的主席(Thingman)是推选的,他主持实际上的仲裁法庭。亨利·梅因认为,“其主要功能是让热血有时间冷却,防止人们自行寻求赔偿,把争执接管过来,并协调赔偿的方法。如有不服从法庭的,最早的惩罚可能是逐入另册。不愿遵守其判决的人,将受不到法律的保护;如被杀,其亲戚们迫于舆论压力,将不得参与本属职责和权利的复仇”。梅因指出,英国国王也派代表出席类似的法庭,最初是为了分享罚款。随着国家的出现,英国国王逐渐坚持自己的裁决权和更重要的执法权(参看第 17 章)。百户法庭和主席一职,作为司法制度早已消失,作为地方政府的工具却得以保存。我们将看到,它最终成为现代民主代议制的一部分。

    战争和军事组织

    迄今为止,我还没从理论上解说,人类为什么自族团层次过渡到部落社会。我只提及,它与历史上出现农业后生产力大大提高有关。农业使人口的高度密集成为可能,并间接创造了对大型社会和私人财产的需求。如我们所见,私人财产与复杂的亲戚组织,紧密纠结,盘根错节。

    人类过渡到部落社会的另一原因是战争。定居的农业社会的发展意味着,人类群体变成近邻。他们生产的粮食,远远超过生存所必需,因此有更多的动产和不动产需要保护,或可供偷窃。部落社会的规模,远远超过族团层次,在人口数量上可压倒后者。它还有其他优势,其中最重要的是组织上的灵活性。我们在努尔人身上看到,部落社会遇上紧急状况可迅速扩展,不同层次的分支能组成各式联盟。恺撒在介绍他所战胜的高卢人(Gauls)时指出,一俟战争爆发,其部落便选出联盟的共同领袖,开始对他手下行使生死权。基于此,人类学家马歇尔·萨林斯把分支式宗族描述成“掠夺性的扩张组织”。

    类人猿祖先和人类的连贯性似乎是暴力倾向。霍布斯有个著名断言:自然状态是“人人相互为敌的战争”。卢梭则不同,明确表示霍布斯弄错了。他认为,原始人是温和隔绝的,只是在社会使人腐化的较晚阶段才出现暴力。霍布斯比较接近事实,但要有重大调整,即暴力应发生于社会群体中,而不是隔离的个人之间。人类高度成熟的社交技术和合作能力,与黑猩猩和人类社会中常见的暴力并不矛盾。说得确切些,前者还是后者的必要条件。这表示暴力是一项社交活动,参与者是成群结队的雄性,有时还有雌性。黑猩猩或人类都面对同类的暴力威胁,因此需要更多的社会合作。孤独者容易受到相邻领土的打劫帮派的攻击,与伙伴携手合作得以自保的,方能将自己的基因传给下一代。

    对很多人来说,人性中的暴力倾向是很难接受的。众多人类学家像卢梭一样,坚信暴力是文明社会的产物。还有很多人情愿相信,早期社会懂得如何与生态环境保持平衡。但很不幸,无法找到任何证据来支撑这两种观点。人类学家劳伦斯·基利(Lawrence Keeley)和考古学家斯蒂芬·勒布朗,以详尽的考古记录显示,史前人类社会的暴力一直持续不断。基利还指出,根据跨文化的调查,每五年中,70% 到 90% 的初期社会——族团、部落、酋邦的层次——参与战争。这样的社会中,只有极少数经历低水平的突袭或暴力,通常是由于环境提供了屏障阻止邻人来犯。狩猎采集者的残余群体,如卡拉哈里沙漠的布须曼人和加拿大的爱斯基摩人,如果不受干涉,我行我素,其凶杀率是美国的四倍。

    就黑猩猩和人类而言,狩猎似乎是战争的源泉。黑猩猩组织起来,成群结队地追捕猴子,再以同样技术追捕其他黑猩猩。人类也是如此,只不过人类的猎物更大、更危险,所以要求更高度的社会合作和更精良的武器。将狩猎技术用于杀人是司空见惯的,我们有历史记录。例如,蒙古人的骑术和马背上打猎,正好用来对付敌人。人类完善了追猎大动物的技术,以致考古学家往往把某处巨大动物群的绝迹,定在人类迁移至该地的时期。乳齿象、剑齿虎、巨型鸸鹋、大树懒——这些大动物,似乎都被组织良好的原始猎人斩尽杀绝了。

    随着部落社会的出现,我们看到武士阶层的兴起,还看到人类最基本最持久的政治组织,即领袖和他的武装侍从。后续的历史中,这种组织实际上无孔不入,至今依然安在,如军阀和手下、民兵队、贩毒卡特尔、社区帮派。他们掌握了武器和战争的专门技术,开始行使以前族团层次中所没有的强制权力。

    部落社会中,致富显然是发动战争的动机。讲到 10 世纪末战胜俄罗斯的维京人精英时,历史学家杰罗姆·布鲁姆(Jerome Blum)说:

    君主(维京人酋长)支持和保护他的侍从,以换取他们的服务。起初,他们与君主同住,像他的家庭成员。其赡养费,则靠斩获的战利品和部落上缴的保护费……弗拉基米尔王的侍从埋怨,因为没有银勺,他们必须用木勺进食。君主旋即命令,赶快安排银勺,并说“金银难买侍从,有了侍从,就能获得金银”。

    20 世纪 90 年代,塞拉利昂和利比里亚两国沦为军阀混战,因为福戴·桑科(Foday Sankoh)和查尔斯·泰勒(Charles Taylor)积极招募侍从。这次,他们凭借武装侍从争夺的不是银勺,而是血钻石。

    但战争的爆发,不单单依靠致富的冲动。武士可能贪婪金银,但他们在战场上表现勇敢,不是为了资源,而是为了荣誉。为一个目标而甘冒生命危险,为获得其他武士的认可,这就是荣誉。请看塔西佗(Tacitus)在 1 世纪编写的日耳曼部落历史,这是有关欧洲人祖先的罕见的同代人观察:

    侍从中有很大竞争,决定谁是酋长手下第一副将;酋长中也有很大竞争,决定谁拥有最多、最犀利的侍从。身边有大量精选青年的簇拥,这意味着等级和实力……到达战场时,酋长的膂力比不上他人的,侍从的膂力跟不上酋长的,那是丢脸;比酋长活得更久,得以离开战场的,那是终身的臭名和耻辱;保卫酋长,以壮举颂扬酋长,那是侍从忠诚的精髓。酋长为胜利而战,侍从为酋长而战。

    即使从事农业或贸易的报酬更高,武士也不愿与农夫或商人交换地位,因为致富只是其动机的一部分。武士发现农夫生活可鄙,因为它不共担危险和团结:

    如果出生地的社区长期享有和平和宁静,很多出身高贵的青年,宁可自愿寻求其时忙于战争的其他部落;休息于比赛无补,他们更容易在动乱中功成名就;再说,除了战争和暴力,你很难挽留优秀的侍从……说服他们向敌人挑战,以伤疤为荣,比让他们犁地以待丰收更为容易;凭流血可获的,你偏要通过辛苦劳作,这似乎有点窝囊和闲散。

    塔西佗评论,战争之间的空闲期,年轻武士们懒散度日,因为从事任何民间工作只会降低他们的身份。这种武士道德被取代,一直要等到欧洲资产阶级兴起的 17 和 18 世纪。其时,以获利和经济计算为内涵的道德规范替代荣誉,成为杰出人士的标志。

    政治是一门艺术,而不是一门科学,其原因之一,就是无法预知领袖与侍从之间的道德信任。他们的共同利益以经济为主,组织起来主要是为了掠夺。但单靠经济是不能把追随者与领袖捆绑在一起的。1991 年和 2003 年,美国与萨达姆·侯赛因的伊拉克作战时,它相信战场上失败将迅速导致其政府的倒台,因为他的重要部属会意识到,去掉侯赛因应是一件好事。但那些部属,由于家庭和私人的联系,加上害怕,结果却紧密团结,同舟共济。

    长期互惠所建立的互相忠诚,是凝聚力的非经济原因。部落社会向亲戚关系注入宗教意义和神灵制裁。此外,民兵通常由尚未成家、没有土地和其他财产的年轻人组成。他们身上荷尔蒙高涨,偏爱冒险生活,对他们而言,经济资源不是掠夺的唯一对象。我们不应低估,性和俘获女人在造就政治组织方面的重要性,尤其是在通常用女人作为交换中介的分支式社会。这些社会相对狭小,由于缺少非亲女子,其成员往往通过对外侵略来遵循异族通婚的规则。蒙古帝国的创始者成吉思汗,据称如此宣称:“最大的快乐是……击败你的敌人、追逐他们、剥夺他们的财富、看他们的亲人痛哭流涕、骑他们的马、把他们的妻女拥入怀中。”在实现最后一项抱负上,他是相当成功的。根据 DNA 的测试,亚洲很大一块地区,其现存的男性居民中约有 8% 是他的后裔,或属于他的血统。

    部落社会中的酋长和侍从,不同于国家层次中的将军和军队,因为两者的领导性质和权威是截然不同的。在努尔人中,豹皮酋长基本上是一名仲裁人,没有指挥权,也不是世袭的。现代的巴布亚新几内亚或所罗门群岛,其头人处于同等地位。根据传统,他是亲戚们选出的,也可能会以同样方式失去该职。塔西佗写道,日耳曼部落中,“他们国王的权力不是无限或任意的;他们的将军不是通过命令,而是通过榜样及他人由衷的赞美,站在队伍的前列来控制人民”。其他部落则组织得更为松懈。“19 世纪的科曼奇(Comanche)印第安人,甚至没有称作部落的政治组织,没有率领百姓的强悍酋长……科曼奇的人口,由大量组织松散的自治族团组成,没有应付战争的正式组织。战争头领只是战绩累累的杰出战士;如能说服他人,任何人都可动员一支战斗队伍;但其领导地位只在攻袭期间有效,还必须依赖他人的自愿。”等到欧洲移民入侵北美,施加了军事压力,夏安人(Cheyenne)等的印第安部落才开始发展出持久和集中的指挥机构,如固定的部落会议。

    疏松且分散的组织,对部落社会来说,既是优点,也是缺点。他们联网的组织,有时可以发起强大的攻击。配备以马匹,游牧民族的部落能奔赴远方,征服广袤的领土。阿尔莫哈德王朝就是一个案例,其柏柏尔部落在 12 世纪突然崛起,征服了北非全地和西班牙南部的安达卢斯。没人可与蒙古帝国媲美,他们来自亚洲内陆的大本营,在一个多世纪的时间里,设法攻克了中亚、中东大部、俄罗斯、部分东欧、印度北部、整个中国。但其永久领导的缺席、分支式联盟的松散、继位规则的缺乏,注定了部落社会最终衰弱的命运。他们没有永久的政治权力和行政能力,无法治理征服的领土,只好依赖当地定居社会提供的例行管理。几乎所有征战的部落社会——至少是没能迅速演进为国家层次的——都会在一代或两代以内四分五裂,因为兄弟、表亲、孙子都要争夺创始领袖的遗产。

    国家层次的社会,在继承部落层次的社会后,其中的部落制并不消失。在中国、印度、中东、哥伦布到来之前的美洲,国家制度只是重叠在部落制度上,两者长期共存,处于勉强的平衡。早期现代化理论的错误,一是认为政治、经济、文化必须相互匹配,二是认为不同历史“阶段”之间的过渡是干净和不可逆转的。世界上只有欧洲,自觉自愿和个人主义的社会关系完全取代部落制,基督教发挥决定性作用,打破了以亲戚关系为凝聚基础的传统。多数早期的现代化理论家,都是欧洲人。他们假设,世界其他地区走上现代化,会经历与亲戚关系的类似告别,但他们错了。中国虽是发明现代国家的第一文明,但在社会和文化的层面,却从未能成功压抑亲戚关系的弄权。因此,其两千年政治历史的大部分,一直围绕在如何阻止亲戚关系重新渗透国家行政机构。在印度,亲戚关系与宗教互动,演变成种姓制度(caste),迄今仍是定位印度社会的最好特征。从美拉尼西亚的一语部落、阿拉伯部落、台湾人宗族,到玻利维亚的“艾柳”(ayllu)村社,复杂的亲戚关系组织仍是现代世界众多社交生活的主要场所,并塑造其与现代政治制度的互动。

    从部落制到保护人—依附者和政治机器

    我以亲戚关系来定位部落制(tribalism),但部落社会也在进化。分支世系制的严格系谱,慢慢变成父母双传的部落,甚至是接受无亲戚关系成员的部落。如果我们采用更广泛的定义,部落不但包括分享共同祖先的亲戚,还包括因互惠和私人关系而绑在一起的保护人和依附者,那么,部落制便成了政治发展的常数。

    例如在罗马,甫斯特尔·德·库朗日所描述的父系亲族,叫作家族(gentes)。但到共和国初期,家族开始积累大量无亲戚关系的追随者,叫作依附者(clientes)。他们由自由民、佃户、家庭侍从所组成,到后来甚至包括愿意提供支持以换取金钱或其他好处的贫穷平民(plebeian)。从共和国晚期至帝国初期,罗马的政治离不开强悍领袖动员各自依附者来攫取国家机构,像恺撒、苏拉(Sulla)、庞培。富有的保护人,把他们的依附者编成私人军队。在考察共和国末期的罗马政治时,历史学家塞缪尔·芬纳(Samuel Finer)很小心地指出,“如果抛开具体人物……你会发现所有这些尔虞我诈、大公无私、高贵庄严,并不比一个拉丁美洲的香蕉共和国多多少。如果把罗马共和国看成是弗里多尼亚共和国(Freedonian Republic),将时间设在 19 世纪中期,将苏拉、庞培和恺撒想象成加西亚·洛佩兹、佩德罗·波德里拉和海梅·比列加斯,你会发现两者有许多相似之处,如由依附者构成的派系、私人军队和对总统职位的武装争夺”。

    宽泛意义中的部落制,仍是活生生的事实。例如,印度自 1947 年建国以来,一直是成功的民主政体,但印度政治家在议会竞选中,仍需依赖保护人和依附者之间的私人关系。严格讲,这些关系有时仍属部落的,因为部落制仍存在于印度较穷、较落后的地区。其他时候,政治支持以种姓制度或宗派主义为基础。但在每一件案例中,政治家与支持者的社会关系,与在亲戚团体中的一模一样。它仍建基于领袖和追随者的相互交换恩惠:领袖帮助促进团体利益,团体帮他获得竞选。异曲同工的是美国城市的赞助政治。其政治机器所依据的,仍是谁为谁搔了痒,而不是意识形态和公共政策的“现代”动机。所以,以非人格化形式的政治关系取代“部落”政治的斗争,仍在 21 世纪继续。

    第 5 章 “利维坦”的降临

    不同于部落社会的国家层次社会;国家的“原生”形成和竞争形成;国家形成的不同理论,包括此路不通的灌溉论;国家为何仅出现于部分地区

    与部落社会相比,国家层次社会具有下列重要差别:

    第一,它们享有集中的权力,不管是国王、总统,还是首相。该权力委任等级分明的下属,至少在原则上,有能力在整个社会执行统一规则。该权力超越领土中所有其他权力,这表示它享有主权。各级行政机关,如副首脑、郡长、地方行政官,凭借与主权的正式关联而获得决策权。

    第二,该权力的后盾是对合法强制权力的垄断,体现在军队和警察上。国家有足够权力,防止分支、部落、地区的自行退出。(这也是国家与酋邦的分别。)

    第三,国家权力是领土性的,不以亲戚关系为基础。因此,墨洛温王朝(Merovingian)时期,法兰西还不算国家。其时,统治法兰西的是法兰克国王,而不是法兰西国王。国家的疆土可远远超越部落,因为其成员资格不受亲戚关系的限制。

    第四,与部落社会相比,国家更为等级分明,更为不平等。统治者和他的行政官员,常与社会中的他人分隔开来。某种情况下,他们成为世袭的精英。部落社会中已有听闻的奴役和农奴,在国家的庇护下获得极大发展。

    第五,更为精心雕琢的宗教信仰,将合法性授予国家。分开的僧侣阶层,则充任庇护者。有时,僧侣阶层直接参政,实施神权政治;有时,世俗统治者掌管全部权力,被称作政教合一(caesaropapist);再有时,政教并存,分享权力。

    随着国家的出现,我们退出亲戚关系,走进政治发展的本身。下面几章将密切关注中国、印度、穆斯林世界以及欧洲如何自亲戚关系和部落过渡到非人格化的国家机构。一旦国家出现,亲戚关系便成为政治发展的障碍,因为它时时威胁要返回部落社会的私人关系。所以,光发展国家是不够的,还要避免重新部落化(tribalization),或我所谓的家族化。

    世界上,不是所有社会都能自己过渡到国家层次。欧洲殖民者出现之前,19 世纪的大部分美拉尼西亚,由群龙无首的部落社会组成(即缺乏集中的权力)。撒哈拉以南的非洲的一半,南亚和东南亚的部分地区,也是如此。缺乏悠久国家历史的事实,大大影响了它们在 20 世纪中期独立后的进展。与国家传统悠久的前东亚殖民地相比,这一点显得尤其突出。中国很早就开发了国家,而巴布亚新几内亚一直没有,尽管人类抵达后者更早。为什么?这就是我希望回答的问题。

    国家形成的理论

    人类学家和考古学家把国家形成分成两种,“原生”和“竞争”。国家原生形成是指国家在部落社会(或酋邦)中的首次出现。国家竞争形成是指第一个国家出现后的仿效追随。与周边的部落社会相比,国家通常组织得更为紧密、更为强大。所以,不是国家占领和吸收邻里的部落社会,就是不甘被征服的部落社会起而仿效。历史上有很多国家竞争形成的案例,但从没观察到国家原生形成的版本。政治哲学家、人类学家、考古学家,只能猜测第一个或第一批国家的出现,有众多解释,包括社会契约、灌溉、人口压力、暴力战争以及地理界限。

    国家源于自愿的社会契约

    社会契约论者,如霍布斯、洛克、卢梭,一开始并不想提供国家如何出现的实证。相反,他们只是试图弄清政府的合法性。但最先的国家是否通过部落成员的明确协议而建立集中权力,弄清这一点还是很值得的。

    托马斯·霍布斯如此解说有关国家的“交易”:国家(即利维坦)通过权力的垄断,保证每个公民的基本安全,公民放弃各行其是的自由以作交换。国家还可向公民提供无法独自取得的公共服务,如产权、道路、货币、统一度量衡、对外防卫。作为回报,公民认可国家的征税和征兵等。部落社会也可提供一定的安全,但因缺乏集中的权力,其公共服务非常有限。假如国家确实源于社会契约,我们必须假设,在历史上的某一天,部落群体自愿决定将独裁的统治权委托给个人。这种委托不是临时的,如部落酋长的选举,而是永久的,交到了国王和其后裔手中。这必须是部落中所有支系的共识,因为如有不喜欢,每一支系仍可出走。

    若说主要动机是经济,即产权的保护和公共服务的提供,国家源于社会契约似乎是不可能的。部落社会是很平等的,在密切相处的亲戚团体中,又很自由自在。相比之下,国家是强制、专横、等级分明的。尼采(Friedrich Nietzsche)把国家称作“最冷酷的怪物”。我们想象,自由的部落社会只会在极端逼迫之下才出此下策。譬如面对即将来临的异族入侵和灭绝,委托一名独裁者;或面对即将摧毁整个社团的瘟疫,委托一名宗教领袖。实际上在共和国期间,罗马独裁者就是这样选出的,如公元前 216 年坎尼会战后,汉尼拔(Hannibal)对罗马造成了切实的威胁。这表明,国家形成的真正原因是暴力,或暴力的威胁。社会契约只是有效途径,并非终极原因。

    国家源于水利工程

    社会契约论的变种是卡尔·魏特夫(Karl Wittfogel)的“水利工程”论,前人为此花费了很多不必要的笔墨。魏特夫原是马克思主义者,后来蜕变成反共产主义者。他发展了马克思的亚细亚生产方式理论,为专政出现于非西方社会提供了经济解释。他认为,大规模的灌溉需求,只有中央集权的官僚国家方能满足,从而促进了美索不达米亚、埃及、中国和墨西哥的国家兴起。

    水利工程的假设要解答很多疑问。新生国家的地区,其早期灌溉工程多数都是小型的,地方上自己就能应付。像中国大运河这种大工程,是在建立强大国家之后,只能算是结果,不应该是原因。魏特夫的假设若要成真,我们必须假设,部落成员聚集起来说:“我们将心爱的自由交给一名独裁者,让他来管理举世无双的大型水利工程,我们将变得更加富有。我们放弃自由,不仅在工程期间,而是永远,因为我们的后代也需要卓越的工程主管。”此种情形如有说服力,欧洲联盟早已变成一个国家了。

    密集人口

    人口统计学家埃斯特·博塞鲁普主张,人口的增加和密集是技术革新的主要动力。埃及、美索不达米亚、中国江河流域的密集人口,创造了精耕细作的农业。它涉及大规模灌溉、高产作物、各式农业工具。人口密集允许专业化,允许精英和百姓的分工,从而促进国家的形成。低密度人口的族团和部落社会,为减少冲突可分道扬镳;如发现不能共存,便自立门户。但新兴城市的密集人口并无如此的选择,土地匮乏,如何取得重要公共资源,这一切都可触发冲突,从而要求权力的高度集中。

    即使人口密集是国家形成的必要条件,我们仍有两个未获答案的疑问:一开始是什么造就了密集人口?密集人口与国家又是怎样互动的?

    第一个问题似乎有简单的马尔萨斯式答案:如农业革命的技术革新大大提高了土地产量,导致父母生育更多孩子,从而造成密集人口。问题是,有些狩猎采集社会的利用率,远远低于当地环境的富饶能力。新几内亚高地居民和亚马孙印第安人开发了农业,尽管在技术上做得到,却不愿生产余粮。有了提高效率和产量的技术,可以增加人口,但并不保证这一切确实发生。人类学家表明,在某些狩猎采集社会,粮食供给的上升反而导致工作量的降低,因为其成员更在乎休闲。按平均来说,农业社会的居民比较富庶,但必须工作得更加努力,这样的交换可能并不诱人。或者说,狩猎采集者只是陷入了经济学家所谓的低平衡。那是指,他们掌握了转移至农业的技术,因为面对他人分享盈余的前景,旋又打消了转移念头。

    这里的因果关系,可能被颠倒了。早期社会的人们不愿生产盈余,除非挥鞭的统治者强迫他们这样做。主人自己不愿辛苦工作,却很乐意压迫他人。等级制度的出现,不在经济因素,而在政治因素,如军事征服或强迫。埃及金字塔的建造,顿时浮现在眼前。因此,密集人口可能不是国家形成的终极原因,只是中间的变数,其本身又是尚未确定原因的产物。

    国家源于暴力和强迫

    经济解释的弱点和空缺,把国家形成的来源指向暴力。部落到国家的过渡,涉及了自由和平等的巨大损失。很难想象,为了灌溉可能带来的巨大收益,部落社会愿意这么做。所以,牵涉的利害关系必须更大,威胁生命的有组织暴力比较可信。

    我们知道,人类社会实际上一直参与暴力,尤其是在部落层次。一个部落战胜另外一个时,可能出现等级和国家。为了在政治上控制战败部落,战胜者建立了集中的强迫机构,渐渐演变成原生国家的官僚系统。如果两个部落在语言或种族上是不同的,战胜者可能建立主仆关系,等级制度慢慢变得根深蒂固。异族部落前来征服的威胁,也会鼓励部落群体建立起更永久、更集中的指挥中心,如夏安和普韦布洛的印第安人。

    部落征服定居社会的案例,在历史记载中屡有发生,如党项、契丹、匈奴、女真、雅利安(Aryans)、蒙古、维京人(Vikings)、日耳曼人,他们都是以此建国的。唯一的问题是,最早国家也是这样起家的吗?巴布亚新几内亚和苏丹南部的部落战争,历时数世纪,却一直没能建起国家层次的社会。人类学家认为,部落社会自有平衡的机制,冲突之后会重新分配权力。努尔人只收纳敌人,并不统治他们。于是,解释国家的兴起似乎还要寻找其他原因。彪悍的部落群体,从亚洲内陆草原、阿拉伯沙漠、阿富汗山脉向外出征时,才会建立更为集中的政治组织。

    地理界限和其他环境因素

    人类学家罗伯特·卡内罗(Robert Carneiro)注意到,就国家形成而言,战争虽然是普遍和必要的,但还不够。他认为,生产力增长,如发生于地理上被环绕的地区,或发生在敌对部落的有效包围中,才能解释等级制国家的出现。在非环绕地区或人口稀少地区,衰弱的部落或个人可随时跑掉。夹在沙漠和海洋中间的尼罗河峡谷,以沙漠、丛林、高山为界的秘鲁峡谷,都不存在逃跑的选择。地理界限也能解释,由于没人搬走,生产力的增长只会导致人口密度的增加。

    新几内亚高地的部落也有农业,也住在被环绕的峡谷。所以单凭这些因素,也是无法解说国家兴起的。绝对规模可能很重要,美索不达米亚、尼罗河峡谷、墨西哥峡谷,都是相当规模的农业区,又有山脉、沙漠、海洋的环绕。他们可以组成较大、较集中的军队,尤其是在马或骆驼已获驯养的情况下,可在广阔地区施展威力。所以,不仅是地理界限,还有被环绕地区的大小和交通,决定国家的形成与否。地理界限尚可提供额外的帮助,暂时保护他们免遭峡谷或岛屿外敌人的攻击,让他们有时间扩军备战。大洋洲的酋邦和雏形国家,只在斐济、汤加、夏威夷那样的大岛上出现,而不在所罗门群岛、瓦努阿图(Vanuatu)、特洛布里恩群岛(Trobriands)那样的小岛。新几内亚虽是大岛,但多山,被分割成无数个微型的生态环境。

    国家源于魅力型权威

    推测政治起源的考古学家,偏爱唯物主义的解释,如环境和技术;不大喜欢文化因素,如宗教。这是因为,我们对早期社会的物质环境,已有较多了解。但宗教思想对早期国家的形成,很可能是至关重要的。部落社会丧失自由,过渡到等级制度,都可从宗教那里获得合法性。在传统和现代理性的权威中,马克斯·韦伯挑出了他所谓的魅力型(charisma)权威。这是希腊文,意思是“上帝碰过的”。魅力型领袖行使权力,不是因为部落伙伴推崇能力而选他,而是因为他是“上帝选中的”。

    宗教权威和军事威武携手并进,让部落领袖得以调度自治部落之间的大规模集体行动。它也让自由的部落成员,将永久权力委托给领袖和其亲戚,这比经济利益更有说服力。之后,领袖可使用该权力建立集中的军事机器,战胜反抗部落,确保境内的和平和安全,在良性循环中再一次加强宗教权威。祖先崇拜等宗教受到其固有规模的限制,因此需要一个有的放矢的新宗教。

    展示此一过程的具体案例是正统哈里发和倭马亚王朝(Patriarchal & Umayyad caliphates)时期第一个阿拉伯国家的兴起。数世纪以来,部落群体居住在阿拉伯半岛,属埃及、波斯、罗马、拜占庭等国家层次社会的边缘地域。他们的环境恶劣,不适合农耕,所以没有遭遇他人的侵占,也没遇上仿效建国的军事压力。他们只在附近定居社会之间充任中介和商人,自己不能生产相当的粮食盈余。

    公元 570 年,先知穆罕默德诞生于阿拉伯城镇的麦加,便发生了戏剧性变化。根据穆斯林传统,穆罕默德 40 岁那年获得上帝的首次启示,随即开始向麦加部落布道。他和追随者由于受到迫害,在 622 年搬至麦地那。麦地那部落的争执需要他的调解,他便草拟所谓的麦地那宪法,为超越部落忠诚的信徒团体(umma)定位。穆罕默德创立的政体,尚无真正国家的所有特征。但它脱离了亲戚关系,不靠征服,而靠社会契约,这全凭他作为先知的魅力型权威。新成立的穆斯林政治体经过数年征战,赢得信徒,占领麦加,统一阿拉伯半岛的中部,一举成为国家层次的社会。

    在征战国家中,创始部落的领袖血统通常开创新朝代。但在穆罕默德的案例中,这没有发生,因为他只有女儿法蒂玛(Fatima),没有儿子。新兴国家的领导权因此传给穆罕默德的同伴,他属倭马亚氏族,也是穆罕默德的古莱什部落(Quraysh)中的支系。之后,倭马亚氏族确实开创了新王朝。倭马亚国家在奥斯曼(Uthman)和穆阿维叶(Mu‘awiya)的领导下,迅速战胜叙利亚、埃及、伊拉克,在这些现存的国家层次社会中实施阿拉伯统治。

    就政治思想的重要性而言,先知穆罕默德促使阿拉伯国家兴起是最好的证明。之前,阿拉伯部落只在世界历史中扮演边缘角色。多亏穆罕默德的魅力型权威,他们获得统一,并把势力扩展到整个中东和北非。阿拉伯部落自己没有经济基础,但通过宗教思想和军队组织的互动,不但获得经济实力,还接管了产生盈余的农业社会。这不是纯粹国家原生形成的案例,因为阿拉伯部落已有周边如波斯和拜占庭等现成国家,先作为仿效榜样,后予以征服。不过,其部落制的力量非常强大,后来的阿拉伯国家不能完全予以控制,也建不成无部落影响的官僚机构(参看第 13 章)。这迫使后来的阿拉伯和土耳其朝代采取特别措施,如军事奴隶制和招聘外国人充当行政官,以摆脱亲戚关系和部落的影响。

    第一个阿拉伯国家的创立,昭示了宗教思想的政治力量。这是非常突出的案例,但几乎所有国家,都倚靠宗教使自己获得合法地位。希腊、罗马、印度和中国的创始传说,都把统治者的祖先追溯到神灵,或至少一名半神半人的英雄。如弄不清统治者如何控制宗教礼仪以取得合法地位,就不能理解早期国家的政治力量。请看中国《诗经》中,献给商朝创始者的商颂《玄鸟》:

    天命玄鸟,降而生商,宅殷土芒芒。古帝命武汤,正域彼四方。

    (天帝任命燕子降,入世生下我商王,居衍殷地广且强。古时帝命神武汤,整顿边界安四方。)

    另一首颂诗《长发》称:

    濬哲维商,长发其祥。洪水芒芒,禹敷下土方。

    (睿智的商君,早现朝代的祯祥。洪水滔滔,禹来治理大地四方。)

    我们似乎在接近国家原生形成的齐全解释,它需要若干因素的汇合。首先,那里必须资源丰富,除维持生活,还有盈余。这类丰裕可以是纯粹自然的,太平洋西北地区充满猎物和鱼,其狩猎采集社会得以发展成酋邦,虽然还不是国家。但更多时候,创造丰裕的是技术进步,比如农业的兴起。其次,社会的绝对规模必须够大,允许初级分工和执政精英的出现。再次,居民必须受到环境的束缚,技术机遇来到时,其密度会增高;受到逼迫时,会无处可逃。最后,部落群体必须有强烈动机,愿意放弃自由来服从国家权力。这可通过组织日益良好的团体的武力威胁,也可通过宗教领袖的魅力型权威。上述因素加在一起,国家出现于像尼罗河峡谷那样的地方,这似乎是可信的。

    霍布斯主张,国家或“利维坦”的产生,起源于个人之间理性的社会契约,以终止暴力不断和战争状态。在第 2 章的开头,我曾表明,全部自由社会契约论都有一个基本谬误:因为它假设在史前自然状态时期,人类生活于隔离状态。但这种最早的个人主义从没存在过。人类天生是社会的,自己组成群体,不需要出于私心。在高层次阶段,社会组织的特别形式往往是理性协议的结果;但在低层次阶段,它由人类生物本能所决定,全是自发的。

    霍布斯式谬误,还有其另外一面。从蛮荒的自然状态到井然有序的文明社会,从来未见干净利落的过渡;而人类的暴力,也从未找到彻底的解决办法。人类合作是为了竞争;他们竞争,也是为了合作。利维坦的降临,没能永久解决暴力问题,只是将之移至更高层次。以前是部落支系之间的战斗,现在是愈益扩大的战争,主要角色换成了国家。第一个国家问世,可建立胜利者的和平。但假以时日,借用同样政治技术的新兴国家将奋起提出挑战。

    国家为何不是普世共有?

    我们现在明白,国家为何没在非洲和大洋洲出现,部落社会又为何持续存在于阿富汗、印度、东南亚高地。政治学家杰弗里·赫伯斯特(Jeffrey Herbst)认为,非洲很多地区缺乏自生国家,原因在于各式因素的聚合:“非洲的建国者——不管是殖民地的国王和总督,还是独立后的总统——所面对的基本问题是,如何在人口稀少且不适居住的领土上行使统治权。”他指出,与大众的想象相悖,非洲大陆上仅 8% 的地区处于热带,50% 的地区降雨不够,难以支撑农业。人类虽在非洲起家,却在世界其他地域繁荣昌盛。现代农业和医学到来之前,非洲的人口密度一直很低,其在 1975 年的程度,刚刚达到欧洲在 1500 年的水平。也有例外,如非洲肥沃的大湖区和东非大裂谷(the Great Rift Valley),养活了高密度的居民,并出现集权国家的萌芽。

    非洲的自然地理,使权力的行使变得艰巨。非洲只有很少适合长途航行的河流(这一规则的例外是尼罗河下游,它是世界上最早国家之一的摇篮)。萨赫勒地区(Sahel)的沙漠与欧亚的大草原迥然不同,成为贸易和征服的一大障碍。那些骑在马背上的穆斯林战士,虽然设法越过这道障碍,却发现自己的坐骑纷纷死于孑孓蝇传染的脑炎。这也解释了,西非的穆斯林区为何仅局限于尼日利亚北部、象牙海岸、加纳等。在热带森林覆盖的非洲部分,建造和维修道路的艰难是建立国家的重要障碍。罗马帝国崩溃一千多年后,其在不列颠岛上建造的硬面道路仍在使用,而热带的道路能持续数年的寥寥无几。

    非洲只有少数在地理上被环绕的地区。统治者因此而遇上极大的困难,将行政管理推入内地,以控制当地居民。因为人口稀少,通常都有荒地可开;遇上被征服的威胁,居民可轻易朝灌木丛做进一步的撤退。非洲的战后国家巩固,从没达到欧洲的程度,因为战争征服的动机和可能性实在有限。根据赫伯斯特,这显示,自部落社会向欧洲式领土政体的过渡从来没有发生于非洲。非洲的被环绕地区,如尼罗河峡谷,则看到国家的出现,这也符合相关规则。

    澳洲本身没有国家出现,原因可能与非洲雷同。大体上说,澳洲非常贫瘠,而且甚少差别。尽管人类在那里已居住良久,但人口密度总是很低。没有农业,也没有被环绕地区,由此解释了超越部落和宗族的政治组织的缺乏。

    美拉尼西亚的处境则不同。该地区全由岛屿组成,所以有自然环境的界限,此外,农业发明也在很久以前。考虑到多数岛屿都是山脉,这里的问题与规模大小和行政困难有关。岛屿中峡谷太小,仅能养活有限人口,很难在远距离行使权力。就像较早时指出的,具大片肥沃平原的大岛,如斐济和夏威夷,确有酋邦和国家出现。

    山脉也解释了部落组织为何持续存在于世界上的高山地区,包括:阿富汗,土耳其、伊拉克、伊朗、叙利亚的库尔德地区,老挝和越南的高地,巴基斯坦的部落区域。对国家和军队来说,山脉使这些地区难以征服和占领。土耳其人、蒙古人、波斯人、英国人、俄国人,还有现在的美国人和北约,都试图降伏和安抚阿富汗部落,以建立集权国家,但仅有差强人意的成功。

    弄清国家原生形成的条件是很有趣的,因为它有助于确定国家出现的物质条件。但到最后,有太多互相影响的因素,以致无法发展出一条严密且可预测的理论,以解释国家怎样形成和何时形成。这些因素或存在,或缺席,以及为之所作的解释,听起来像是吉卜林的《原来如此》(Just So Stories)。例如,美拉尼西亚的部分地区,其环境条件与斐济或汤加非常相似——都是大岛,其农业能养活密集人口——却没有国家出现。原因可能是宗教,也可能是无法复原的历史意外。

    找到这样的理论并不见得有多重要,因为世界上大多数国家不是原生形成的,而是竞争形成的。很多国家的形成是在我们有书面记录的年代。中国国家的形成开始得很早,比埃及和美索不达米亚略晚,与地中海和新世界(New World)的国家兴起几乎同时。早期中国历史,有详尽的书面和考古资料,为我们提供了细致入微的中国政治纹理。但最重要的是,依马克斯·韦伯的标准,中国出现的国家比其他任何一个更为现代。中国人建立了统一和多层次的官僚行政机构,这是在希腊或罗马从未发生的。中国人发展出了明确反家庭的政治原则,其早期统治者刻意削弱豪门和亲戚团体的力量,提倡非人格化的行政机构。中国投入建国大业,建立了强大且统一的文化,足以承受两千年的政治动乱和外族入侵。中国政治和文化所控制的人口,远远超过罗马。罗马统治一个帝国,其公民权最初只限于意大利半岛上的少数人。最终,罗马帝国的版图横跨欧亚非,从不列颠到北非,从日耳曼到叙利亚。但它由各式民族所组成,并允许他们相当可观的自治权。相比之下,中国帝王把自己称作皇帝,不叫国王,但他统治的更像王国,甚至更像统一国家。

    中国的国家是集权官僚制的,非常霸道。马克思和魏特夫认识到中国政治这一特点,所以用了“亚细亚生产方式”和“东方专制主义”这样的词语。我将要在后续章节论证,所谓的东方专制主义不过是政治上现代国家的早熟出世。在中国,国家巩固发生在社会其他力量建制化地组织起来之前,后者可以是拥有领土的世袭贵族,组织起来的农民,以商人、教会和其他自治团体为基础的城市。不像罗马,中国军队一直处于国家的严密控制之下,从没对政治权力构成独立威胁。这种初期的权力倾斜却被长期锁定,因为强大的国家可采取行动,防止替代力量的出现,不管是经济的,还是政治的。要到 20 世纪,充满活力的现代经济才能出现,打破这种权力分配。强大的外敌曾不时占领部分或整个中国,但他们多是文化不够成熟的部落,反被中国臣民所吸收和同化。一直到 19 世纪,欧洲人带来的外国模式向以国家为中心的发展途径提出挑战,中国这才真正需要作出应对。

    中国政治发展的模式不同于西方,主要表现在:其他建制化的力量,无法抵消这早熟现代国家的发展,也无法加以束缚,例如法治。在这一方面,它与印度截然不同。马克思最大错误之一是把中国和印度都归纳在“亚细亚”模式中。印度不像中国,但像欧洲,其建制化的社会抵抗力量——组织起来的祭司阶层和亲戚关系演变而成的种姓制度——在国家积累权力时发挥了制动器作用。所以,过去的二千二百年中,中国的预设政治模式是统一帝国,缀以内战、入侵、崩溃;而印度的预设模式是弱小政治体的分治,缀以短暂的统一和帝国。

    中国国家形成的主要动力,不是为了建立壮观的灌溉工程,也不在魅力型宗教领袖,而是无情的战争。战争和战争的需求,在一千八百年内,把成千上万的弱小政治体凝聚成大一统的国家。它创立了永久且训练有素的官僚和行政阶层,使政治组织脱离亲戚关系成为可行。就像查尔斯·蒂利(Charles Tilly)在评论后期欧洲时所说的,“战争创造国家,国家发动战争”,这就是中国。

    第二部分 国家建设

    第 6 章 中国的部落制

    中国文明的起源;古代中国的部落社会组织;中国家庭和宗族的特征;周朝的封建扩张和政治权威的性质

    自有文字记载以来,中国就有部落制,分支世系制迄今仍残留于中国南部和台湾。历史学家谈起中国“家庭”时,不是指夫妇带小孩的小家庭,而是指成员达数百乃至数千的父系家族。中国早期历史有相当齐全的记载,提供了观察国家自部落社会脱颖而出的罕见良机。

    人类长居中国。早在 80 万年前,像古直立人的古人类已现踪迹。智人离开非洲数千年后,也抵达中国。稷(北方)和稻(南方)很早获得人工培植,冶金和定居社区的首次出现,则在中国朝代之前的仰韶时期(公元前 5000—前 3000 年)。到龙山时期(公元前 3000—前 2000 年),可见城郭和社会等级分化的明显遗迹。在这之前,宗教基于祖先崇拜或鬼神崇拜,由巫师主持。他不是专家,像在大多数其他族团层次社会,只是社区的普通一员。随着等级社会的逐渐成形,统治者开始垄断巫术,借此来提升自己的合法性。

    开发农业后,最重要的技术革新恐怕是马匹驯养,公元前四千年在乌克兰率先发生,又在公元前二千年早期传至中西亚。过渡到草原游牧业则完成于公元前一千年初,也是马背部落向中国挺进的开始。这种挺进主宰了中国后续历史的大部分。

    古代中国的分期有点让人困惑。仰韶和龙山不是朝代,而是考古学的范畴,以中国北部黄河中下游的定居点而命名。中国王朝始于三代,即夏、商、周,公元前 770 年,周朝又发生分裂,从陕西的镐京迁都至现代河南的洛阳,前为西周,后为东周。东周本身又分春秋和战国前后两段。

    年份(公元前)朝代时期政治体数量
    5000仰韶
    3000龙山
    2000三代3000
    15001800
    1200西周170
    770东周春秋(前 770—前 476)23
    战国(前 475-前 221)7
    2211

    从远古到统一中国的秦是古代中国所涵盖的历史。我们的有关知识来自浩淼的考古资料,包括用于占卜的甲骨文(通常是羊肩骨)、青铜器彝文、官员用来记录政务的竹简。另一来源是问世于东周最后数世纪的伟大经典文献,其中最重要的是五经:《诗》、《书》、《礼》、《易》、《春秋》,嗣后成为中国官员的教育之本。据称,这五部经典是孔子编纂和传播的,再加上卷帙浩繁的注释,构成了塑造千年中国文化的儒家意识形态。这些经典的形成背景是东周时期,其时内战方兴未艾,政治分崩离析;《春秋》就是鲁国十二名国君的编年史,在孔子眼中,显示了这段时期的退化和堕落。这些经典和孔子、孟子、墨子、孙子等人的著作,虽然蕴含大量历史信息,但大体上仍属文学作品,其精确性尚不明确。

    但有确凿证据显示,中国政治体数量经历了极大的收缩,从夏初的大约一万,到西周开国时的一千二百,到战国时只剩下七个。中国西部的秦孝公和谋臣商鞅,奠基了世界上第一个真正现代的国家。秦王征服所有对手,建立统一国家,并将秦首创的制度推向中国北方的大部,国家巩固由此告成。

    部落的中国

    从部落到国家层次的过渡在中国慢慢发生,新的国家制度重叠在亲戚关系的社会组织之上。夏商时期被称作“国”的,虽然有日益明显的等级和集中领导,实际上只是酋邦或部落。一直到商末,亲戚团体仍是中国社会组织的主要形式。到了周朝才有变更,涌现了拥有常备军队和行政机构的真正国家。

    中国历史的早期社会由宗族组成,即同一祖先的父系家族。基本军事单位由宗族内大约百家男子组成,以宗族领袖为首,聚集在同一旗号下。宗族又可灵活组合,凝聚而成氏族(clan)或更高层次的宗族,而国王只是特定地区所有宗族的最高领袖。

    三代时期,宗族中的仪式被编纂成一系列法律。这些仪式涉及对共同祖先的崇拜,在祭有祖先神位的庙堂举行。庙堂内分划不同的祭殿,对应不同层次的宗族,宗族领袖掌控仪式以加强自身权力。未能正确遵守仪式或军事命令,会引来国王或宗族领袖的严苛处罚。依此类推,如要彻底摧毁敌人,一定要毁其祖庙,劫其珍宝,杀其子孙,绝其香火。

    像其他部落社会,中国社会组织的层次也时高时低。一方面,村庄范围的宗族为战争、自卫、商业而团结起来,有时出于自愿和共同利益,有时出于对个别领袖的尊敬,但更多时候是迫于强制。战争变得愈益频繁,夯土围墙的城镇在龙山时期变得星罗棋布。

    另一方面,宗族社会又在分化瓦解。年轻人开发荒野,自立门户。其时,中国仍属地广人稀,只要搬到他地就能逃避现存宗族的管辖。因此,正如国家形成理论所预测的,人口稀少和缺乏界限阻碍了国家和等级制度的形成。

    尽管如此,在黄河峡谷的古老地段,人口密度与农业生产力一起上升。商朝的等级制度愈加分明,这可见证于领袖对追随者施加的惩罚,以及其时流行的奴役和人祭。甲骨文提及五种处罚:墨(面部刺字涂墨)、劓(割鼻)、剕(断足)、宫(阉割)、大辟(处死)。很多当时的葬地,挖掘出八至十具作揖的无首骨骼,许是奴隶,又许是战俘。高级领袖的陪葬人数竟高达五百。在殷墟出土的陪葬人总共一万,还有大量马匹、战车、三足鼎和其他珍贵工艺品。为平息死去祖先的灵魂,活人竟投入如此巨大的资源,包括人、动物、器物。很明显,自部落到等级分明政体的过渡正在展开。

    中国的家庭和亲戚关系

    社会组织中家庭和亲戚的重要性是中国历史上重大常数之一。秦国君主试图抑制亲戚裙带,以推崇非人格化的行政管理,先在自己王国,统一成功后再推向全中国。中国共产党 1949 年上台后,也尝试使用专政权力消灭中国传统的家庭主义,使个人与国家紧密相连。但这两项政治工程,都没获得发明者所期待的成功。中国家庭证明是颇有韧性的,父系家族迄今仍活跃于中国部分地区。短暂的秦朝之后,非人格化管理最终在西汉期间得以确立(公元前 206—公元 9 年)。到了东汉末期和隋唐,亲戚团体又卷土重来。要到第二个千年初期的宋明,非人格化国家管理才得以恢复。尤其是在中国南方,宗族和氏族一直处于强势,直到 20 世纪。它们在地方上发挥准政治的功能,在很多事情上取代国家成为权力的来源。

    关于中国亲戚关系,我们有很丰富的资料,大部分由人类学家所编撰。他们研究台湾和中国南部的现代社区,所使用的亲戚团体记载可追溯到 19 世纪。个别亲戚团体所保存的详细记录,有助于研究更为早期的家庭关系。但在古代中国亲戚关系上,我们却只有很少信息。将现代趋势投射得那么久远,风险不小。有学者主张,当代宗族是宋明理学家所提倡的政策的产物,与公元 1000 年之前的亲戚关系是迥然不同的。尽管如此,在中国数世纪的历史中,亲戚团体的某些特征是万变不离其宗的。

    中国社会的亲戚关系严格遵循父系社会或父系家族的规则。有人类学家将之定义为“使用统一礼仪、显示共同祖先的集团(corporate)”。某些现代宗族的祖先可追溯到二十五代以上,但历史上的宗族通常不超过五代。相比之下,氏族是容纳若干宗族的更高级组合,通常基于虚拟(fictive)的亲戚关系。这种氏族和相关的姓氏联盟之所以存在,只是为了确定异族通婚。

    像其他父系家族社会一样,继承和遗产只通过男子。女子不是宗族的永久成员,而是与其他重要家庭联姻的潜在资源。结婚后,她与生身家庭一刀两断,在很多中国历史时期,只可在规定时日回访娘家。妻子不再往生身的家庙祭拜,而是改去丈夫家的。香火传承全靠男子,因此,她在新家庭中没有地位,直到生下儿子。除非有了将来为父母灵魂祈祷的儿子,她的灵魂将不得安宁。讲得实在些,儿子又是她晚年的经济保障。

    数世纪来,无数中国小说和戏剧记载了年轻妻子与婆婆之间的紧张关系。婆婆虐待未生儿子的媳妇是理所当然的。但一旦有了儿子,女子作为重要宗族继承人的生母,又可获很高的地位。中国王朝众多的宫廷权术,都涉及意欲提升儿子政治地位的擅权遗孀。西汉时期的皇太后,至少六次得以选择皇帝继承人。

    前现代(premodern)社会的可悲真相之一,就是很难把儿子抚养成人。现代医药发明之前,地位和财富只能提供很有限的差别。世界君主政体的历史,充斥着王后或妃嫔没能生下儿子而引起的政治危机。日本皇太子徳仁亲王于 1993 年结婚,与妻子雅子一起尝试生个儿子(而未成功),引起众多现代日本人的急切关注。与一连串早期皇帝相比,这又算不了什么:仁孝天皇(1800—1846)十五个孩子中,仅有三个活到三岁;明治天皇(1852—1912)十五个孩子中,仅有五个活到成年。

    跟其他社会一样,传统中国的因应对策是纳妾。地位高级的人士可娶二房、三房甚至更多的妻子。为确定个中的继承权,中国发展了复杂的正式规章制度。妻子再年幼的儿子对妾的儿子,仍享有优先继承权,但也有违反此例的皇帝。虽然有具体规矩,继承权的不确定性仍是宫廷政治的主题。公元前 71 年,霍光妻霍显设法谋害了坐月子的许皇后,让女儿成君取而代之。公元 115 年,汉安帝多年不育的阎皇后鸩杀了刚生下儿子的皇妃李氏。

    像库朗日所描述的希腊和罗马,中国亲戚制度也与私人财产制度有关。周朝宣称,所有土地都是国家财产,但周天子太弱,难以付诸实现。土地日益私人化,买卖和改造也变得普遍。作为整体,宗族拥有祖庙或祠堂。较富的宗族又投资于共同财产,如水坝、桥、井、灌溉系统。单独家庭拥有自己的耕田,但不得随意处置,因为有对宗族的礼仪义务。

    宗族增长始终给遗产的继承制造难题。周朝早期有长子继承权制度,之后又改为儿子们平分。这一规矩延续了中国历史的大部,直到 20 世纪。根据这个制度,家庭的土地经常越分越小,以致无法维生。中国开发了大家庭概念,数代男子同堂。成年的儿子或在分到的祖地上安家,或试图购买邻地。对宗族的共同财产,他们仍然有份;对共同的祖先,他们仍有祭拜的责任。这一切阻止了他们的搬迁,或出售祖地。

    在财产和同堂方面,不同区域出现了巨大差异。中国北方,宗族力量逐渐变弱,宗族成员搬往分散的村庄,丧失了相互之间的认同。在南方,宗族和氏族成员继续并肩生活,以至整村人只有一个姓。为此出现很多解释,其中之一是这么认为的:很多世纪以来,南方一直是蛮荒地带,宗族即使增长却仍能抱成一团;而在北方,战争频仍,流离失所时有发生,从而拆散了数代同堂的宗族。

    要记住,宗族组织在很多情形中纯属富人特权。只有他们才能负担得起平分的庞大地产、共同财产、为传宗接代而娶的多房妻妾等。事实上,周朝首次编纂的宗法规则,只适用于精英家庭。贫困家庭只能负担很少的孩子,有时为弥补无子无孙,而让入赘女婿改用妻子的姓氏。这在日本很普通,在中国却遭否定。

    中国的“封建”时期

    商灭于周。周的部落定居于渭河流域(当代陕西省),在商的西方。周的征服始于公元前 11 世纪初,历时数年。其时,商的军队还必须在山东应付马背游牧民族的袭击。周王杀死商的储君,谋害自己兄弟,夺取政权,建立新朝。

    这一征服开创了很多学者所谓的中国封建时期。其时,政治权力非常分散,掌控在一系列等级分明的氏族和宗族手中。从西周到东周早期,亲戚关系仍是社会组织的原则。到了春秋和战国,这些亲戚团体之间战火纷飞,国家开始慢慢成形。我们可仔细追溯国家形成的各项因素,所依靠的不再是考古学的重新组合,而是历史记载中的证据。

    从对比角度看,中国国家的形成过程格外有趣。它在很多方面为欧洲几乎一千年后的历程树立了先例。周部落征服长期定居的商朝领土,建立了封建贵族阶层。无独有偶,日耳曼野蛮部落打败衰败凋零的罗马帝国后,也创立了类似的分散政体。不管是中国还是欧洲,发动战争的需求促使了国家的形成:封建属地逐渐聚合成领土的国家,政治权力趋于集中,现代非人格化行政脱颖而出。

    然而,中国和欧洲又有重要差别。英语版的中国朝代史,给中国平行制度贴上既定标签,如“封建的”、“家庭”、“国王”、“公爵”、“贵族”,从而遮掩了中间的差别。所以,我们需要确定这些标签的意义,既指出重要对应,也挑明不同文明的分道扬镳。

    最混乱和误用最多的,可算是“封建的”和“封建主义”。由于学者和辩论家的混乱使用,这两词基本上变得毫无意义。根据卡尔·马克思开创的传统观念,“封建主义”往往指欧洲中世纪庄园上领主和农民之间的经济剥削关系。马克思主义历史学认为,现代资本主义兴起之前有个避不开的封建阶段。这种按图索骥的僵硬,迫使传统学者到处寻找封建阶段,即使在毫不相干的社会。

    历史学家马克·布洛赫(Marc Bloch)关注存在于中世纪欧洲的采邑(fief)和属臣(vassalage)制度,从而给封建主义提供了历史上比较准确的定义。采邑是领主和属臣之间的契约,后者获得保护和土地,一定要向领主提供军事服务作为交换。契约在特定仪式中获得尊严,领主将属臣的手放入自己的手中,以亲吻来锁定相互的关系。这种双方兑现义务的从属关系,需要一年一度的更新。属臣之后还可将采邑分割成更小的子采邑(subfief),与自己的属下再签新的契约。该制度自有一套复杂的道德规范,与荣誉、忠诚、宫廷婚姻有关。

    从政治发展的角度看,欧洲封建主义的关键不是领主和属臣之间的经济关系,而是隐含的权力分散。历史学家约瑟夫·斯特雷耶(Joseph Strayer)说:“西欧的封建主义基本上是政治性的——它是一种政府……其中,一队军事领袖垄断政治权力,队员之间的权力分配却又相对平等。”这个定义与马克斯·韦伯有关,也是我在本卷所使用的。该制度的核心是分派采邑或封地,属臣可以在其上实施一定程度的政治控制权。封建契约在理论上可随意取消,但随着时间的推移,欧洲的属臣们把采邑转换成自己的家族财产。这表示,后裔得以继承采邑。他们在自己采邑享有征兵征税的政治权力,能独立作出司法裁决,不受领主的干涉。因此,他们一点不像领主的代理人,却是实打实的小领主。马克·布洛赫指出,封建制度晚期的家族性质实际上代表了该制度的退化。总之,封建制度的独特处恰恰是它分散的政治权力。

    在这个意义上,周朝的中国是个封建社会,与中央集权国家没有相似之处。像很多征战的朝代,不管是之前还是之后,周天子发现自己没有足够军队或资源来直接统治所占领的土地,特别是在草原游牧部落频繁骚扰的西方,还有后来成为楚国的南方边境。所以,他分派封地给麾下的将领。考虑到周社会的部落性质,那些将领多是他的亲戚。周天子共设七十一处封地,其中五十三处由他的亲戚治理,剩下的则分给其他文武官员,以及已被击败但愿效忠的商贵族。这些属臣在治理自己封地时享有实质性的自治。

    周朝的中国封建主义与欧洲的相比,仍有重大区别。在欧洲,野蛮部落一旦皈依基督教,分支式的部落制度在封建社会初期即遭摧毁,通常在数代人的时间内。欧洲的封建主义是一种机制,把没有亲戚关系的领主和属臣绑在一起,在亲戚关系不复存在的社会中促进社会合作。相比之下,中国的政治参与者不是独立分散的领主,而是领主和他们的亲戚团体。在欧洲领主的境内,领主与农民签署封建合同,非人格化管理已开始扎根。权力在领主手中,而不在领主亲戚团体的手中。采邑只是他的家庭财产,并不属于更大的亲戚集团。

    另一方面,中国的封地授予亲戚团体,之后又逐次分封给下一级的宗族或部落分支。中国贵族与欧洲领主相比,其权力比较薄弱,其等级森严比较缓和,因为他陷入了限制他擅权的亲戚架构。我曾提到,部落社会的领袖地位往往是赢取的,而不是继承得来的。周朝的中国领袖,虽然趋向于等级分明,但仍受亲戚人脉的限制,看起来比欧洲的更像是“部落的”。有位评论家指出,在春秋时期,“国家像一个放大了的家庭。君主统而不治;大夫们很重要,不是因为其职位,而是因为他们是君主的亲戚,或是显赫家庭的家长”。君主与其说是真正的一国之主,倒不如说是伙伴中的老大。“各种故事讲到,贵族当众责备君主,并吐口水,却没受到他的训斥或处罚;拒绝他对珍玩的索求;在他妻妾群中与他一起玩游戏;未获邀请而坐上他的桌子;上门邀他分享晚餐,却发现他在外射鸟。”

    周朝社会的氏族组织中,军队也是分支式的,没有中央统领。各个宗族动员自己的军队,再蜂聚到更大单位中(像努尔人的分支)。“有关战争的记述透露,战场上,征来的士兵只跟随自己的将领;重要的决定通常由将领们集体讨论决定;部队编制松散,以致将领只能指挥自己手下,而顾不上其余。”很多案例显示,因为没有严格的统领制度,部将得以修改名义上君主的命令。根据第 5 章介绍的人类学分类,周朝早期政体是部落的,至多是酋邦的,而绝不是国家的。

    中国的封建社会与欧洲的非常相似,都发展了悬殊的阶级分化和贵族阶层,起因是关于荣誉、暴力、冒险的道德信念。开始时,早期部落社会相对平等,并有防止地位悬殊的各式调整机制。然后,某些人开始在狩猎中出类拔萃。狩猎与战争有关联,这可追溯到人类的灵长目祖先。等级制度在狩猎和征战中脱颖而出,因为有些人或群体就是略胜一筹。优秀猎手往往又是优秀战士,狩猎所需要的合作技能进化成军事战术和战略。通过战绩,有些宗族获得更高的地位;宗族内,卓越的战士崛起而成为将领。

    这也在中国发生。狩猎和战争的关联保存于一系列礼仪,使武士贵族的社会地位获得合法化。陆威仪(Mark Lewis)解释说,春秋时期,“君主之所以在群众中鹤立鸡群,全靠在圣坛前的‘壮举’,即礼仪化的暴力,如献祭、战争、狩猎”。狩猎把动物送上祖先的祭台,战争把战俘送上祖先的祭台。血祭是商朝的习俗,到周朝仍然继续,一直到公元前 4 世纪。军事征战出发于庙堂,为确保战争的胜利,既有牺牲品又有祈祷。礼仪中,大家分享祭肉,战鼓因战俘的血液而变得神圣,特别可恨的敌人则被剁成肉酱,供宫廷或军队成员进食。

    周朝早期的贵族战争高度礼仪化。发动战争是为了使另一氏族承认自己的霸权,或是为了荣誉受到藐视而实施报仇。军队向前冲是为了保护“继承下来的祖业”,不克尽责的领袖,死后将得不到妥善的祭拜。他们通过在仪式上展示的力量和荣誉来达到目的,不需付诸殊死的实战。战役经常在贵族之间预先安排,需要遵守复杂的规矩。敌人一旦在战场出现,军队一定要上前迎战,否则就是耻辱。不向敌人的最强部位发起攻击,有时也被认作丢脸。敌方君主去世时,为了不影响对方的哀悼义务,军队就会退出战役。春秋初期,贵族打仗多用战车。而这种战车,既昂贵,操作起来又需要高超技术。显而易见,军事战略家孙子依靠奇袭和欺骗的“迂回”战术,还要等到中国历史的后期。

    周朝早期的中国社会,处于部落和酋邦之间。史书中称为“国”的,都不是真正的国家。周朝的中国好比是家族社会的教科书,换言之,整个国家为一系列封地君主和其亲戚团体所“拥有”。土地和定居于此的民众,都是可传给后裔的家族财产,只受父系家族亲戚规则的约束。这个社会中没有公私之分,每个占统治地位的宗族都可征兵征税,并作出自认妥善的司法裁决。然而,这一切将很快发生变化。

    第 7 章 战争和中国国家的兴起

    国家源于军事竞争;商鞅的现代化改革;法家对儒家家庭主义的批判;没有经济和社会发展做伴的政治发展

    东周时期(公元前 770—前 256 年),真正的国家开始在中国成形。它们设立常备军,在界定领土内实行统一规则;配备官僚机构,征税执法;颁布统一的度量衡;营造道路、运河、灌溉系统等公共基建。尤其秦国,全力投入不寻常的现代化工程,目标直指周朝早期亲戚家族的社会秩序。它绕过武士贵族,直接征募大量农民,使军队趋于民主化;从事大规模土地改革,将家族大地主的土地分给农民;破坏世袭贵族的权力和威望,从而提高社会流动性。这些改革听起来像是“民主的”,但其唯一目的是富国强兵,打造冷酷的专政。这些现代政治制度的优势,令秦国打败所有对手,进而一统天下。

    战争与国家建设

    政治学家查尔斯·蒂利有个著名论点:欧洲君主发动战争的需求,驱动了欧洲的国家建设。战争和国家建设的关联不是普世共有的。总的来说,拉丁美洲就没有这一历史过程。但毫无疑问,在中国的东周时期,国家形成的最重要动力就是战争。从公元前 770 年的东周初期到前 221 年的秦朝统一,中国经历了连绵不绝的战争,规模、耗资、人命的牺牲有增无已,从分散封建国家到统一帝国的过渡全凭武力征服。这时所建立的几乎每一个现代国家制度,都直接或间接地与发动战争息息相关。

    与其他好战社会相比,中国在东周期间的血腥记录仍然突出。有学者计算,春秋时期的 294 年,中国的“国家”之间共打了 1211 次战役,和平岁月仅有 38 年,超过 110 个政治体被灭绝。后续的 254 年战国时期,打了 468 次战役,仅有 89 年太平无事。兼并使国家数量大跌,战役总数因此减少,战国七雄灭了其余十六国。另一方面,战役的规模和历时却有显著的上升。春秋时,有些战役只打一个回合,一天就完。到战国末期,围攻可持续数月,战役可持续多年,参战将士高达 50 万。

    与其他军事化社会相比,周朝的中国异常残暴。有个估计,秦国成功动员了其总人口的 8% 到 20%,而古罗马共和国的仅 1%,希腊提洛同盟(Delian League)的仅 5.2%,欧洲早期现代则更低。人员伤亡也是空前未有的。李维(Livy)报道,罗马共和国在特拉西美诺湖战役(Lake Trasimene)和坎尼会战(Cannae)中,总共损失约 5 万军人。而一名中国史官称,24 万战死于公元前 293 年的战役,45 万战死于公元前 260 年的战役。总而言之,从公元前 356 年到前 236 年,秦国据说一共杀死 150 多万他国士兵。历史学家认为,这些数字夸大其词,无法证实。但它仍颇不寻常,中国的数字简直是西方对应国的 10 倍。

    持续战争带来的制度改革

    激烈战争造就强烈的奖励,导致了旧制度被摧毁和新制度取而代之。它们都与军事组织、征税、官僚机关、民间的技术革新以及思想有关。

    军事组织

    一点也不令人惊奇,激烈战争的最初影响是参战各国军事机构的演变。

    如早先提到的,春秋早期的战事是驾战车贵族的互相厮杀。每辆战车配备一名御手和至少两名武士,还需多达七十人的后勤支持。驾车开打是高难度的技术,需要实质性的训练,的确是适合贵族的职业。这时的步兵仅发挥辅助作用。

    从战车到步兵加骑兵的转变逐渐发生于春秋末期。在南方湖泊和沼泽众多的吴越两国,战车用处非常有限,在多山地区更是相形见绌。很显然,与西方草原马背野蛮人打交道的经验,促使骑兵出现于战国初期。随着铁兵器、弩、盔甲的广泛使用,步兵变得更为有效。西部的秦是最早重整军队的国家之一,它淘汰战车,改换为步骑兵的混成。其主因,既是秦的地形,又是野蛮人的持续压力。楚是在他国征兵的第一国,击败陈之后,强迫当地农民提供军事服务。这些军队不再是亲戚团体的组合,而是等级分明的军事单位,统领着固定数量的部下。公元前 6 世纪中期,第一支全步兵军队投入战斗,在未来两个世纪内,完全取代战车军队。到战国初期,将农民大批征入军队已成司空见惯。

    中国军队打击力量的核心从战车转到步兵;无独有偶,欧洲也从盔甲骑士转到弓箭和长矛的步兵军队。担任战车手和骑士的贵族,在这两个转向中,根本无法提升自身的社会地位。在这两个文明中,负担得起旧式装备和培训的只有贵族精英。这个转向似乎与技术改革有关;中国贵族数量持续下降,够格的战车手日渐稀少,可能是另外原因。

    贵族阶层的人员损失,推动了军内的论功封赏。周朝早期,军事将领全凭亲戚关系和在氏族中的地位。斗转星移,越来越多的非贵族将领,单凭自己的骁勇善战而获晋级。国家也开始分配土地、爵位、家奴给将士以作奖励,无名小卒跃升为将军时有发生。参战的野战军队中,骁勇善战不是文化规范,而是存活的前提。所以很有可能,论功封赏的原则始于军队,辗转传入文官体系。

    征税和人口注册

    将农民大批征入军队,需要相应的物质资源来支付和装备他们。从公元前 594 年到前 590 年,鲁国开始征收田赋,不再作为亲戚团体的财产,而是以众多农家合成的“丘”为计量单位。邻国齐的入侵,迫使鲁国快速增征甲兵。从公元前 543 年到前 539 年,子产在郑国重划带渠的田地,把农民编成五户一组以征收新税。在公元前 548 年,楚国丈量土地,登记盐池、鱼塘、沼泽、森林、人口。这项调查是为日后的征税征兵预作准备。

    官僚机构的发展

    可以肯定地说,是中国发明了现代官僚机构。永久性的行政干部全凭能力获选,不靠亲戚关系或家族人脉。官僚机构自周朝中国的混乱中崛起,全没计划,只为征收战争所需的税金。

    周朝头几年的管理是家族式的,像其他早期国家一样,如埃及、苏美尔、波斯、希腊、罗马。行政官位配给君主的亲戚,被视作君主家庭的延伸。决策时,并不严格遵守等级分工,而是以咨询和忠诚为依据。所以,君主可能掌控不住大夫,如有分歧,也不能予以解雇。像一语部落中的头人,面对让贤的强大共识,周朝一名君主只好束手听命;除非他铤而走险,如公元前 669 年的晋献公,把合谋反己的所有亲戚统统杀光。宫廷权术不是个人操作的,而是宗族,满门抄斩才能绝其香火。

    官僚化始于军队,各项职能由贵族转让给庶民。军队需要征募、装备、训练大批新兵,记录和后勤也是不可或缺的。支援军队的需要又增加了对文官体系的需求。他们帮助征税,确保大规模军事动员中的连贯性。军事机构成为文官的训练场所,并促进统领体系的形成。同时,周朝贵族内部的自相残杀,为大夫家庭提供了社会升迁良机。大夫虽在传统上也来自贵族阶层,但经常属于远离君主和其亲戚的外围。士族是低于贵族的另一阶层,包括军人和其他有功绩的庶民,也得以取代家族关系的大夫,承担重要职位。所以,随着贵族阶层的日渐式微,论功封赏而不是论出身封赏的原则开始慢慢获得认同。

    民间的技术革新

    公元前 4 世纪到前 3 世纪,中国经历了集约型和粗放型的经济增长。集约型增长靠的是技术革新,包括青铜工具转向铁工具、基于双向活塞鼓风的生铁冶铸、牲口耕犁的改进、土地和灌溉的改善。中国各区域之间的商业交流增加,人口密度也开始出现显著上升。粗放型增长靠的是人口增长,以及开发像四川那样的新边境。

    在某种程度上,这些经济增长源于经济学家所谓的“外部因素”。这表示,它不是经济制度的内部逻辑所造成的,而是得益于意外的技术革新。军事上的不安全是非常重要的外部动力。战国时期的每个国家都面对增税的巨大压力,为此必须提高农业生产效率,仿效对方的技术革新以加强自己实力。

    思想

    那么剧烈狂暴的春秋末期和战国时代,竟产生了中国历史上最伟大的文化思潮,这很值得钦佩。战乱不断所造成的流离失所,促使了对政治和道德的深刻反思,并为天才的老师、学者、谋士提供了出人头地的良机。其时,众多老师四下游学,招揽学生。其中有孔子,他出身于贵族,但只是作为学者和老师而谋生。战国初所谓的百家争鸣时期,还有很多如此的学者,包括墨子、孟子、孙子、韩非子、荀子,身后都留下影响中国未来政治的著作。当时的政治不稳定,似乎造就了文人的无根无蒂,这反映在文人的周游列国,不管何等政权,只要感兴趣,他们都愿奉献自己的服务。

    这种智慧横溢有两层政治意义。首先,它创建了宛如意识形态的东西,即政府如何施政的思想,后代中国人可以此来评判自己政治领袖的表现。最为著名的就是儒家,而儒家学者又与其他学派展开激烈争辩,例如法家——这些争辩其实是当时政治斗争的真实写照。中国的学者和文人享有最高级荣誉,甚至高于武士和巫师。事实上,文人和官僚的作用合二为一,在其他文明中是找不到的。

    其次,中国文人的流动性又孕育了愈来愈像全国文化的东西。其时创作的伟大经典著作,变成精英教育的基石和中国文化的基础。有关经典著作的知识,成为国民身份的坐标。它们享受如此高的威望,以至在中华帝国无远弗届,甚至传播到边界之外。边境线上的游牧王国,有时在武力上强于中国,但无法匹配中国的智慧传统。所以,他们倾向于以中国的制度和技术来治理中国。

    商鞅的反家庭运动

    周朝晚期,中国各地逐渐采用现代国家制度,但都比不上西部的秦国。大多数情况下,新制度的采用全凭运气,是反复试验和政府别无选择的结果。相比之下,秦确立国家建设的意识形态,率直地阐明中央集权新国家的道理。秦的建国者清楚看到,早期的亲戚网络是中央集权的障碍,为了取而代之,特意实施把个人与国家绑在一起的新制度。这些原则被称作法家思想。

    商鞅起初在魏国做官,后来投奔相对落后的秦,一举成为秦孝公的总顾问。他上任初期,就向既存的家族管理发起进攻。他攻击继承得来的特权,最终以论功封赏的二十等爵制取代了世袭官职。在这个边境国家,论功封赏中的功就是军功,土地、家臣、女奴、服饰,都按各人战绩来分配。另一方面,不服从国家法令的将面对一系列严厉处罚。最重要的是该制度下获得的职位不可转为世袭财产,像家族贵族那样,而要由国家定期重新分配。

    商鞅最重要的改革之一是废除井田制,再把土地分给由国家直接监护的农家。井田制中,农田分成九方块,就像中文的井字。八户农家各耕一块,中间的是公田。每个贵族家庭拥有若干井田,耕耘的农家为此需要履行徭赋和其他义务,很像封建欧洲的农民。井田上布满路径和水渠,方便管理,八户农家组成贵族地主保护下的公社。废除井田制使农民挣脱对地主的传统义务,并允许他们搬往他人新开发的土地,或干脆拥有自己的土地。这使国家避开贵族,向全体地主征收以实物支付的统一地赋。

    此外,为了资助军事行动,商鞅还向所有成年男子征收人头税。国家颁布,家庭如有若干儿子,长大后一定要分居,不然就要缴双倍的税。商鞅的矛头直指传统儒家的大家庭,而赞许夫妇带小孩的小家庭。对没有足够财产可分的穷苦家庭来说,该制度造成了莫大艰辛。其目的可能是提倡个人奖励,也加强了国家对个人的控制。

    这次改革还与新的家庭注册有关。传统中国由庞大的亲戚团体组成,商鞅则把家庭分为五户和十户的群体,让他们相互监督。其他国家也在实施类似改革,如鲁国的“丘”,不同之处是秦在执行中的暴虐。群体中的犯罪活动,如不予检举,惩罚是腰斩;举报人有赏,等同于在战斗中斩敌首级。该制度的翻版在明朝得以复活,称为保甲。

    政治学家詹姆斯·斯科特(James Scott)在《国家的视角》(Seeing Like a State)一书中认为,所有国家都具备共同的特征:它们都试图掌控各自的社会,一开始就“昭告”天下。它们清除自生自长的弯曲小街的旧区,代之以几何图形般秩序井然的新区,就是为此。19 世纪,奥斯曼男爵(Baron Haussmann)在巴黎中世纪废墟上建造宽敞的林荫大道,不单是为了美观,还有控制人口的动机。

    类似的事情也发生于商鞅治下的秦。除了废除井田制,他还将郡县制推向全国。他把市镇和乡村合并起来,设四十一个县;县令不是地方推举的,而是中央政府指派的。一开始,这些县位于边境地区,表明其作为军事区的起源。取代井田制的是更大的整齐矩形,与东南西北的轴心相对称。现代地图学显示,曾是秦国的地域都有这种直线布局的地貌。商鞅还颁布在秦国通用的统一度量衡,以此来替代封建制度下的杂乱标准。

    商鞅竭尽全力投入社会工程,将传统亲戚关系的权力和地产制度转换成以国家为中心的非人格化统治。显而易见,他招惹了秦国家族贵族的极大反感。庇护人秦孝公一去世,继位人立即反目,商鞅只得逃亡。他最终遭人检举,所依据的恰恰就是自己颁布的严禁庇护罪犯的法律。据传,商鞅遭车裂之刑,即四车分尸,他的宗族成员全被诛杀。

    东周的中国,每一项制度革新都与战争的需求直接相连:服役扩充至全体男子、先是军队后是文官的永久性官僚体系、家族官职减少、论功封赏、人口注册、土地改革、家族精英地产的重新洗牌、更好的通信和基建、非人格化的等级行政部门、统一的度量衡。这一切,都可在军事要求中找到根源。战争可能不是国家形成的唯一引擎,但肯定是第一个现代国家在中国涌现的主要动力。

    儒家与法家

    商鞅在秦国实施的政策得到后续学者的肯定,如韩非子,并被归纳成全套的法家意识形态。在法家和儒家的紧张关系中,可以读懂中国后来历史的大部,直到 1949 年共产党胜利,那份紧张都与政治中的家庭作用有关。

    儒家极力主张向后看,其合法性扎根于古代实践。孔子在春秋末期编辑他的经典作品,十分怀恋周朝的社会秩序。但它因战事不断,已在分崩离析中。家庭和亲戚关系是家族秩序的核心。在很多方面,儒家可被视作以家庭为榜样、为国家建立道德原则的意识形态。

    所有部落社会都实行祖先崇拜,虽有形式上的不同,但儒家给中国版本涂上了特殊的道德色彩。儒家的道德原则规定,对父母的责任,尤其是对父亲的,要大于对妻子或子女的。对父母不敬,或在经济上没尽扶养责任,就要受到严厉惩罚。儿子对妻子或子女的关心,如超过对他父母的,也要受到严厉惩罚。如发生冲突,例如父亲被控犯了罪,父亲的利益一定高于国家的。

    家庭和国家的紧张关系、家庭责任高于政治责任的道德合法性,在中国历史上经久不衰。迄今,中国家庭仍是一种强有力的制度,竭力捍卫它的自治,不愿接受政治权力的干涉。家庭和国家的力量关系呈反比。19 世纪清朝式微,中国南方强大的宗族干脆接管地方事务的治理。1978 年的中国,邓小平推行包产到户的改革,农民家庭又变得生龙活虎,成为后来影响全国的经济奇迹的主要引擎。

    相比之下,法家向前看。它把儒家和对家庭的尊崇,看作巩固政治权力的绊脚石。儒家精致微妙的道德和责任,对他们丝毫没用。作为替代,他们追求直截了当的赏罚分明——特别是惩罚——使百姓臣服。如法家思想家韩非子所说的:

    故韩子曰“慈母有败子而严家无格虏”者,何也?则能罚之加焉必也。故商君之法,刑弃灰于道者。夫弃灰,薄罪也,而被刑,重罚也。彼唯明主为能深督轻罪。夫罪轻且督深,而况有重罪乎?故民不敢犯也。……明主圣王之所以能久处尊位,长执重势,而独擅天下之利者,非有异道也,能独断而审督责,必深罚,故天下不敢犯也。

    法家建议,不可把臣民当作可以教诲的道德人,只可当作仅对赏罚有兴趣的自私人——特别是惩罚。所以,法家的国家试图打破传统,废除家庭道德责任,以新形式将臣民与国家绑在一起。

    1949 年后,中国共产党推动的社会工程与法家有明显关联。就像早先的商鞅,毛泽东也把传统的儒家道德和中国家庭看作社会进步的绊脚石。他的反孔运动意在铲除家庭道德的合法性,共产党、国家、公社变成帮助中国人团结起来的新式制度。一点不令人惊讶,商鞅和法家在毛泽东时代得以复兴,在很多共产党学者的眼中成为现代中国的先例。

    有学者说,“儒家推崇圣王理想,可被视作道德的专制主义;作为对照,法家否定道德与政府的关联,可被视作赤裸裸的专制主义”。对皇帝的权力,儒家无法想象任何制度上的制衡。更确切地说,儒家试图教育君主,缓和他的激情,使他深感对人民的责任。让君主获得良好教育,以建良好政府,西方传统对此并不陌生。这实际上是苏格拉底在描绘合理城邦时所简述的,记载于柏拉图的《理想国》。中国皇帝到底深感多少对人民的责任,还是仅仅利用儒家道德来保护自身利益,那是后续章节的主题。法家直接剥去道德政府的外衣,公开宣称臣民是为君主而活的,不可颠倒过来。

    我们不应存任何幻想,推崇法令的法家思想与我在本卷中常提的法治有任何关联。西方、印度、穆斯林世界有一套受宗教庇荫的既存法律,并获得教士等级制度的捍卫。它独立于国家,其历史比国家更长。与当前统治者相比,这套法律更古老、更高级、更合法,因此对统治者也具有约束力。法治的含义就在:甚至国王或皇帝也是受法律束缚的,不可随心所欲。

    这种法治从没存在于中国,对法家来说,简直是匪夷所思。他们认为,法律只是记录国王或君主口述的典章。在弗里德里希·哈耶克(Friedrich Hayek)看来,这是命令,而不是法律。它只反映君主的利益,不是治理社区的道德共识。商鞅认为,惩罚一旦确定,适用于社会所有成员——贵族不得豁免。那是法家法令与现代法治所分享的唯一共同点。

    战国时期的中国

    商鞅所创建的新式国家制度,使秦国在调动资源方面,比以前更加广泛,比邻国更加有效。但仍不是取胜的保票,因为敌对国家的强烈竞争导致了互相仿效。秦国崛起进而称霸全中国的故事,与其说是发展领域的,倒不如说是国际关系领域的。

    春秋末期为巩固国家而发起的争战中,秦国实际上是配角,只在更强大的对手中间发挥平衡作用。它处于争战国家中的最西面,在地理上受一定保护(参看地图)。从公元前 656 年到前 357 年,涉及大国的 160 场战役中,秦仅发动 11 场。秦孝公和商鞅开展国家改革后,这就有了大变。从公元前 356 年到前 221 年,秦发动了 96 场大战役中的 52 场,打胜 48 场。公元前 4 世纪最后十年,秦打败南方大国楚,又在前 293 年打败东面的邻国魏和韩。东方的齐国是仅存的主要敌人,也败于前 284 年。到了公元前 257 年,所有他国都丧失了大国地位。始于公元前 236 年的统一战争,最终导致中国在前 221 年出现大一统的秦朝。

    争战国家到底图什么?在某种程度上,东周冲突背后的症结是旧贵族秩序分崩瓦解,取而代之的庶民寻觅新机会,以攀登权力阶梯。这也是意识形态问题,儒家和法家为此而争论不休。这个争论发生于一国之内,也发生于各国之间;既是争战的原因,又是争战的结果。秦国把自己当作法家的旗手,它的动机与其说是信服,倒不如说是实用。

    这里利害攸关的主导思想,不同于上述争论,而是商周统一中国的古老理念。统一中国的实现,其传说的色彩大于现实。东周的分裂始终被看作旷日弥久的异数,需要承担天命的血统崛起,予以拨乱反正。寻求承认的斗争,就是看哪个宗族获得统治整个中国的荣誉。

    中国发展路径为何异于欧洲

    许田波(Victoria Hui)等学者提出这样的超历史大题目:公元前 3 世纪的中国由多极国家体系组成,最后巩固成单一的庞大帝国,而欧洲却没有。欧洲国家体系实际上也有兼并巩固,从中世纪末的 400 个主权政治体降至第一次世界大战前夕的 25 个。尽管有不少尝试,包括哈布斯堡(Habsburg)的查理五世、路易十四、拿破仑、希特勒,但还是没有见到单一的欧洲大国。

    有下列可能的解释,第一条是地理。欧洲因河流、森林、海洋、山脉而分成众多区域,如阿尔卑斯山脉、比利牛斯山、莱茵河、多瑙河、波罗的海、喀尔巴阡山脉,等等。不列颠岛屿又是很重要的因素,在欧洲历史上扮演了破坏霸权组合的平衡角色。相比之下,第一个中华帝国仅拥有今日中国的部分领土,由西向东,只是从渭河峡谷到山东半岛而已。战国时期已修筑很多道路和运河,当时的军队很容易在这个地区纵横驰骋。这个核心地区巩固成单一强国之后,才开始向南、北、西南方向拓展。

    第二条与文化有关。商和周的部落之间有种族差异,但周朝时期涌现出的各国,则无种族和语言的明显区分,不像罗马人、日耳曼人、凯尔特人、法兰克人、维京人、斯拉夫人、匈人之间。中国北方有不同方言,但商鞅和孔子的周游列国,以及相互的思想交流,都证实了日益增长的文化统一。

    第三条是领导,或领导的缺乏。许田波指出,多极国家体系不是自我调整的机器,不能永远取得防止霸权崛起的平衡。国家有自己领袖,解读自身利益。秦国领袖运用机智的治国术,以分而治之的策略击破敌国的联合。而敌人无视秦国的凶险,反而经常自相残杀。

    最后一条与中国和欧洲政治发展走上不同路径直接相关。欧洲从没见过像秦朝那样的强大专制国家,唯一例外是莫斯科大公国。但它发展较晚,一直处于欧洲政治的边缘,直到 18 世纪的下半叶。(俄罗斯进入欧洲国家体系后,很快占据欧洲的大部,先是在 1814 年亚历山大一世时期,后在 1945 年斯大林时代。)17 世纪晚期,像法国和西班牙那样的国家通常也被称作“专制主义”。我们将会看到,它们在征税和动员方面,远远比不上公元前 3 世纪的秦朝。潜在的专制君主开始其国家建设大业时,就会遇上组织良好团体的阻挠。例如,既得利益的世袭贵族、天主教会、组织起来的农民、独立自治的城市。所有这一切,都可在国境内外灵活运作。

    中国情形很不同,它依赖广泛的亲戚体系。中国的封建贵族,从没建立起与欧洲领主一样的地方权力。根于宗族的中国贵族,其权力往往分散于各地,又纠缠于其他亲戚团体;作为对照,欧洲封建社会发展了强大且等级分明的地方政治主权。此外,不像欧洲贵族,中国贵族得不到法律、古老权利、特权的保护。中国贵族的人数,因数世纪不断的部落战争而几近耗尽;专业政客得以组织强大的庶民军队,轻易击败早期的贵族军团。周朝的中国从没发展出可与欧洲媲美的强大世袭地主贵族。君主、贵族、庶民阶层之间的交叉斗争,对欧洲现代政治制度的发展至关重要,却从没在中国发生。相反,它有个早熟的现代集权国家,一开始就打败所有的潜在对手。

    马克斯·韦伯定为本质上的现代特征,秦朝如果没有全部,至少也有很多。很熟悉中国的韦伯为何把中华帝国描述成家族国家,这是个谜。迷惑韦伯的原因,也许是中国的政治现代化没有经济现代化的陪伴,即资本主义市场经济。它也没有社会现代化的陪伴,亲戚关系没有转换为现代个人主义,反而与非人格化管理共存,一直到今日。像其他现代化理论家一样,韦伯相信发展中的各个方面——经济、政治、社会、意识形态——都是紧密相连的。很可能是因为现代化的其他方面没在中国出现,所以韦伯认不出中国的现代政治秩序。欧洲的实际发展中,政治、经济、社会现代化也没有密切相连,有顺序上的先后,它的社会现代化早于现代国家的形成。所以,欧洲的经验是独特的,不一定能在其他社会复制。

    多种现代化

    秦统一中国后,政治现代化为何没有导致经济和社会的现代化?现代国家的出现是集约型经济发展的必要条件,但还不够。如要资本主义出现,其他制度也要到位。西方资本主义革命之前有一场认知革命,发明了科学方法、现代大学、以科学观察创造财富的技术革新、鼓励革新的产权体系。秦朝的中国在很多方面的确是智慧的沃土,但其主要学术传统是向后看,无法达到现代自然科学所需要的抽象。

    此外,战国时期没有出现独立的商业资产阶级。城市只是政治和行政的中心,不是商业中心,也没有独立自治的传统。商人或工匠没有社会威望,崇高地位只属于地主。虽有产权存在,但其形式无法推动现代市场经济的发展。秦朝的独裁政府,剥夺大批家族地主的土地来削弱其权力,向新地主征收重税来支持军事扩张。国家不是创造奖励,让农人的耕耘更为有效,而是订出产量定额,如果完不成,还要加以处罚。秦朝最初的土地改革,打破了世袭的地主庄园,开辟了土地买卖市场,但随之没有出现自耕农阶层,土地又被新贵阶层所吸纳。没有法治来限制主权国家没收私人财产的权力。

    亲戚关系体系崩溃,被更自愿、更个人形式的团体所取代,这就是社会现代化。但它在秦统一后没有发生,原因有二。首先,资本主义市场经济没有出现,促进新社会团体和新身份的广泛分工也无从说起。其次,破坏中国亲戚关系的努力是独裁国家自上而下的计划。相比之下,破坏西方亲戚关系的是基督教,既在理论层次上,又通过教会对家事和遗产的影响力(参看第 16 章)来进行。西方社会现代化的生根发芽,比现代国家或资本主义市场经济的兴起,足足早了数个世纪。 自上而下的社会工程经常不能达到目标。中国的父系宗族和以此为基础的家族政府,其相关制度虽遭受痛击,但百足之虫,死而不僵。我们将看到,昙花一现的秦朝之后,它们又卷土重来,并作为权力和感情寄托的来源,在后续世纪中一直与国家明争暗斗。

    第 8 章 伟大的汉朝制度

    秦始皇和他所创建的朝代为何迅速倒塌;汉朝恢复儒家制度,但仍保留法家原则;秦汉时期的中国治理

    中国第一个大一统王朝的创始人嬴政(死后庙号是秦始皇帝,生于公元前 259 年,卒于公元前 210 年),精力充沛,且不可一世,全凭政治权力改变了中国社会。世界闻名的兵马俑是特地为他铸造的,在 1974 年出土于一个 2 平方英里的陵墓区。汉朝历史学家司马迁声称,造秦始皇陵动用了 70 万劳工。即便是夸大其词,但很明显,他创建的国家掌控大量盈余,以惊人的规模调配资源。

    秦始皇把秦的制度推广到全中国,其所创造的不仅是一个国家,而且将在后继者汉朝手里变成一种统一的中国精英文化。这不同于群众现象的现代民族主义。尽管如此,将中国社会精英链结起来这一新意识,坚韧不拔,在朝代兴亡和内乱之后,总能浴火重生。外邦人好几次打败中国,但无法改变中国制度,反被吸收消化,直到 19 世纪欧洲人抵达。邻居的朝鲜、日本、越南,虽独立于中国政体,但借鉴了大量中国思想。

    秦始皇用来统一中国的是赤裸裸的政治权力。他实施了商鞅所阐述的法家原则,其时,秦仍是个边陲国家。他攻击既存传统,推行庞大的社会工程,所作所为几近极权主义,从而激发了社会中几乎每个阶层的强烈反对。仅十四年后,秦朝轰然倒塌,改朝换了姓。

    秦朝为后世君主留下一份复杂遗产。一方面,受秦始皇攻击的儒家和传统派,在之后的世纪中,诅咒它是中国历史上最不道德、最为暴虐的政权之一。儒家在汉朝重新得势,试图推翻秦的很多革新。另一方面,秦朝凭借政治权力所建立的强大现代制度,不但活过了汉初的贵族复辟,而且在事实上定义了中国文明。尽管在后来中国王朝中,法家不再是钦准的意识形态,但在国家制度中仍可看到它留下的遗迹。

    秦朝国家和崩溃

    秦始皇的政策由丞相李斯执行。李斯是法家思想家韩非子的同学,但设下阴谋让后者蒙辱自杀。一旦掌权,这名建国设计师的最初行动是将帝国行政分为两级,共设三十六郡,郡以下设县。郡县的长官全由皇帝从首都咸阳指派,旨在取代地方上的家族精英。早已孱弱的封建贵族是打击对象,历史记载说,为方便监督,全国十二万贵族被迫迁至首都近郊。在人类历史这么早的时期,很难找到如此使用政治集权的案例。这显示中国离开部落社会已有多远。

    秦始皇留用的儒家官员抵抗国家集权,在公元前 213 年建议皇帝重新分封,试图在乡野为自己打下新的权力基础,这似乎不是偶然的。李斯认为,这将破坏他们的国家建设大业:

    如此不禁,则主势降乎上,党与成乎下。禁之便。臣请诸有文学《诗》、《书》百家语者,蠲除去之。令到满三十日弗去,黥为城旦。

    秦始皇表示同意,遂命令焚烧经典,据称还下令活埋了四百名不服的儒家信徒。这些行为招致了后世儒家对他经久不衰的憎恨。

    商鞅治下的秦国已有统一度量衡,现在推广至全中国。秦始皇还以史籀大篆统一全国文字,这也是秦国当初改革的延伸。改革目的是为了促进政府文件中的文字统一。就是今天,中国各地仍有不同方言。文字统一为确定中国身份发挥了不可估量的作用,不但行政部门有统一语言,而且全国各地都可分享经典的同一文本。

    秦朝严格遵守法家方法,其统治如此暴虐,以致在全国激起一系列起义。它的轰然倒塌是在秦始皇死后不久的公元前 210 年。被押去军事营地的一队罪犯,因暴雨而受阻,遂揭竿而起。法律规定,无论什么原因,延迟到达者都是死罪。小队领袖决定,即使造反,他们的命运也不会变得更糟。叛乱迅速蔓延至帝国其他地区,很多幸存的前君主和前封建贵族,看到秦朝变得衰弱,便拥兵宣告独立。同时,丞相李斯与一名宦官共谋拥戴秦始皇次子胡亥登基,反而死于宦官之手。接下来,宦官又死于他想立为皇帝的子婴之手。出身楚国贵族的项羽,还有其庶民出身的部下刘邦,组织新军队,攻入秦首都,消灭秦朝。项羽分派土地给亲戚和拥护者,试图返回周朝的封建主义。刘邦(死后谥号是汉高祖)转过身来反对项羽,四年内战后成为胜利者。他在前 202 年建立汉朝,史称西汉。

    在项羽封建复辟和秦始皇现代专政之间,新皇帝汉高祖的政权采取折中路线。不像秦始皇,汉高祖没有既存国家的权力基础。他的合法性来自他的魅力,他是反暴政的造反军的成功领袖。为取得政权,他统领一个由杂乱军队组成的同盟,包括很多传统家族和前君主。此外,他还须提防北方游牧部落的匈奴。因此一开始,他改造中国社会的能力,远远低于其前任秦始皇。

    高祖创建双轨制度,部分地区恢复了周朝的封建主义。他把内战中支持自己的前君主和将军们分封去小王国,又给自己家庭成员分派新的封地。剩下的地区则保留秦朝的非人格化郡县制,构成高祖自己的权力核心。最初几年,朝廷对小王国的控制很弱。秦朝统一中国的工作本来就不彻底,汉朝早期仍需继续努力。高祖启动这一过程,逐渐取消地方封王中不是刘姓的权力。继承者汉文帝在公元前 157 年,废了长沙最后一个小王国。皇族成员管辖的封地持续较久,与搬到长安的中央政府日益疏远。公元前 154 年,它们中的七个为取得完全独立而反叛。成功的镇压导致汉景帝宣布,剩下的封地不再享有行政权力。政府提高征税,迫使封地在兄弟姐妹中分家。西汉开国一百年后,封建统治最后的残余变得无权无势,地方官几乎都是中央政府指派的。

    家族拥有地方权力、不受中央政府管辖的周朝封建主义,在中国后来历史上定期回潮,尤其是在朝代交替的混乱时期。中央政府一旦站稳脚跟,又夺回对这些政治体的控制。从来没有一次,封王强大到可逼迫帝王作出宪法上的妥协,如英国的大宪章。中国地方上的封王,不像封建欧洲的对应阶层,从未获得法律上的合法性。我们将看到,以后的世袭贵族试图在中国掌权,不是打造地方上的权力基础,而是直接攫取中央政府。强大国家早期的中央集权,随着时间的推移,竟使自己变得永久化了。

    在中国不同地区根除家族统治,代之以统一的国家政府,事实上是法家的胜利,也是秦建立集权强国传统的胜利。但在其他方面,尤其是在意识形态上,儒家的传统主义得以东山再起。汉武帝(公元前 141—前 87 年在位)治下,儒家学者重返行政高位,兴办太学,设置儒学五经博士,专门研究各自的经典。读好经典成为做官的敲门砖,著名的科举制度的雏形也于此而起。

    思想领域也发生重大变化。法家为君主着想的残酷统治,原是商鞅和韩非所倡导的,此时遭到贬谤,民为邦本的古代儒家见解重又获得尊敬。这离民主观念还很远,没有一名儒者相信,对皇帝的权力或权威应有制度上的正式制衡,更不用说普选或个人权利。对皇帝权力的唯一制衡是道德;也就是说,给予皇帝正确的道德教育,敦促他仁民爱物,并时常劝诫他不可辜负这些理想。

    早期的皇权也有限制,因为皇帝身处儒家官僚机构之中。官僚机构只是皇帝的代理人,没有制衡皇帝的正式权利。但像所有的官僚,凭借专长和帝国运作的知识,他们施加了可观的非正式影响。像任何等级组织的领袖,从军队、公司到现代国家,坐在汉朝政府顶端的皇帝,必须依赖众多顾问来制定政策、执行命令、判决呈入朝廷的案件。这些官员负责训练年轻太子,等他们长大登基后,再提供咨询服务。传统和文化上的威望,增加了高级官僚左右皇帝的影响。历史记载中,丞相和尚书批评皇帝的案例很多,有时还得以扭转有争议的决定。

    武装起义是对坏皇帝的最后制裁,根据儒家天命流转的原则,又是正当合法的。天命的首次提出是为了辩解公元前 10 世纪周对商的篡夺,之后又被用来辩解对不公或腐败皇帝的造反。没有精确规则来确定谁享有天命,其获得往往是在造反成功之后(第 20 章对此有更详尽的讨论)。显而易见,这种制衡是非常极端的,带有极大风险。

    君以民为贵的儒家思想,把负责制的原则带进了中国政府。但要注意,这个负责制不是正式或程序上的,而是基于皇帝自己的道德观念,而这观念又是官僚机构所塑造的。列文森(Levenson)和舒尔曼(Schurmann)认为,官僚机构所塑造的道德说教,主要反映了自身利益。也就是说,他们强烈反对法家君主赤裸裸的专制统治,因为儒家就是这种权力的首批受害者。他们只想在汉朝复辟时期保护自己的地位。这些官僚不是公众利益的监护人,而在代表基于亲戚关系的社会等级制度;他们自己,又恰恰身处该制度的顶端。尽管如此,对这一执政的意识形态,还是要多讲几句。它至少在原则上坚持君主应对人民负责,并执意保护抗衡集权的现存社会制度。

    汉朝政府的性质

    汉朝时期涌现出的中央政府,在秦朝的独裁集权与周朝的亲戚制度之间,取得了更好的平衡。它日愈合理化和建制化,一步步解决家族统治的地方势力。在西汉末期王莽的土地改革之前,没有试图使用权力来从事大规模的社会工程。基本上,它不触及既存的社会人脉和产权。为营造公共工程,它也征用徭赋,但没有秦朝那样穷凶极恶。

    汉朝时期,中国政府愈益建制化。在家族制中,无论是周朝的中国,还是当代的非洲或中亚国家,政府官员获得任命,靠的不是自己的资格,而是与统治者的亲戚或私人关系。权力不在职位,而在担任此职的人。政治制度的现代化,就是指家族统治被官僚机构所取代。根据马克斯·韦伯的经典定义,现代官僚机构的特征包括:因功能而分的官职需有明确专长、在界定清晰的等级制度中设立各级官职、官员不得有独立的政治基础、官员必须遵守等级制度中的严格纪律、薪俸官职只是谋生的职业。

    西汉的中国政府几乎符合现代官僚机构的全部特征。政府内确实有很多留用的家族官员,尤其是在高祖统治的早期,因为皇帝需要反秦和内战盟友,以帮助自己巩固新政权。但在中央政府,非人格化基础上选出的官员逐一取代家族官员。朝廷显贵和执行君主决策的永久官僚机构之间,出现了日益明显的差别。

    始于公元前 165 年,皇帝昭告全国高级官员,推荐定额的优秀青年以任公职。汉武帝治下,官员被要求担保其推荐人选的孝悌和正直。在公元前 124 年,郡官推荐的学生赴都城长安的太学参加考试。考试成绩最好的,接受老师和学者的一年培训,以钦准的儒家经典为基础,然后再次参加考试,以担任政府要职。用人的来源也在进化,例如设立专职人员巡游帝国查找人才,或邀请公众就帝国现状撰文参加竞赛。这种非人格化用人,允许非汉族人才脱颖而出,例如出身匈奴的军事将领公孙昆邪。

    公元前 5 年,中国的编户人口是六千万,在首都和省级供职的就有大约十三万官员。政府设立专门培养公职人员的学校,训练十七岁或以上的青年,测试他们阅读不同文体、管账等能力。(到隋唐时期,科举制度将变得更为成熟。)汉朝仍有很强的家族因素,高官可推荐儿子或兄弟担任要职,推荐制度肯定不能杜绝一切私人影响。就像后续的朝代,任人唯贤仍有教育条件的限制。只有富贵人家才能培育出满腹经纶的儿子,有资格获得推荐或参加考试。

    尽管尚有家族制的残余,根据韦伯的定义,汉朝的中央政府日愈官僚化。职位最高的官员是三公,从高到低分别是丞相、御史大夫、太尉。有时,丞相职位一分为二,分成左右丞相,可以互相监督,互相制衡。三公之下是九卿,各有自己的僚属和预算。最重要的卿中,有掌管宗庙祭祀的奉常(后改称太常)、负责皇帝禁卫的光禄勋(秦时称郎中令)、负责皇宫和京城守军的卫尉、负责皇帝财政的少府、负责司法的廷尉、负责粮食和税收的大司农。在当时农业社会里,这最后一职无疑是非常重要的。他手下有六十五个机构,派遣高级官员去各州帮助管理谷仓、农活、水利。

    理性的官僚机构不一定追求理性的目的。奉常手下的机构分管奏乐(太乐)、祝祷(太祝)、牺牲(太宰)、星象(太史)、占卜(太卜)。太史向皇帝提供举办大事和仪式的凶吉日期,还监督文官考试。太祝下设三十五名僚属,太乐掌管三百八十名乐人,政府的规模于此可见一斑。

    汉朝政府最不寻常的特征之一,就是文官政府对军队的有效控制,这可追溯到中国历史的最早时期。中国截然不同于罗马,后者雄心勃勃的将军,如庞培(Pompey)和尤利乌斯·恺撒(Julius Caesar),经常争夺政治权力。中国也不同于军事政变频繁的现代发展中国家。

    这不是因为中国缺乏军人权威或魅力,其历史上充满了常胜将军和赫赫武功。即使在战国之后,中国仍继续打仗,主要与草原游牧民族,但也包括朝鲜、西藏以及南方部落。几乎所有朝代的创始皇帝,都凭借自己的军事能耐而登上龙位。如我们所知,刘邦原是农家子,全凭军事上的组织和战略能力才当上汉高祖,他当然不会是最后一个。到了唐朝,像安禄山那样野心勃勃的将军也试图争夺王位。唐朝的最终崩溃,是因为防御北方野蛮部落的边境军队得以挣脱中央政府的控制。

    一般来讲,征战成功的王朝创始人一旦登基,就会卸下戎装,实施文官统治。他们和他们的继承人,摒除将军于政治之外,放逐野心军人至遥远边境,镇压妄图起兵造反者。不像罗马近卫军(Praetorian Guards)或土耳其禁卫军(Janissaries),皇帝的宫廷卫士在中国历史上从没扮演过王者之王的角色。考虑到战争对国家形成的重要性,中国文官统治为何如此强大?弄清此事非常重要。

    原因之一是军事等级的建制化比不上文官。太尉、前将军、左将军、右将军、后将军,按理说,其地位都高于九卿,但这些职位经常是空挂的。它们多被认为是仪式性的,没有真正军事权力,通常由文官担任。此时,军队中尚无专业军官,皇帝手下的官员出将入相,被认作文武双全。一旦开国的内战结束,军事长官通常被派去边远的草原或要塞,远离文明。抱负不凡者所追求的,不会是这种职业。

    这些理由又带出新的疑问,中国制度中的武官为何获得如此低下的威望,答案很可能是规范化。春秋和战国的严峻考验中涌现出一种思想:真正的政治权威在于教育和教养,而不在于军队威力。觊觎王位的军人发现,必须披上儒家学问的外衣,方能获得他人的信服;必须让儿子接受大儒的调教,方能继承王位。光说笔杆子比剑更为强大,这似乎还不够。我们应该考虑,文官政府得以成功控制军队,最终还得依赖有关合法权威的规范思想。如有需要,美国军队明天就可夺走总统权力,但它没有这样做。这意味着,大多数军官即使在梦中也不想去推翻美国宪法,如果真的想做,他们指挥的大多数士兵也不会服从命令。 汉朝在两种利益群体中取得平衡:一方面,大家都想创建强大统一的中央政府,以避免东周式的动乱和战争;另一方面,全国的地方精英又试图尽量保留自己的权力和特权。秦始皇打破制度上的平衡,过于偏向集权国家,所侵犯的不仅是家族精英的利益,而且是普通农民的利益。农民以前面对地方领主的暴政,现在则换成了国家暴政。汉朝重作平衡,既考虑曾是秦朝打击对象的封王和贵族的利益,又致力于逐渐减少他们的影响。它的儒家思想,虽糅入法家精神,但又矢口否认,使自己重归合法。西汉创建的国家是稳定的,因为大家达成妥协。但与秦朝比,它又是薄弱的,尽量避免与残余的贵族影响发生正面冲突。这一新平衡是成功的。除了篡位皇帝王莽(公元前 45—公元 23 年)短命的“新朝”,汉朝存活了四个多世纪,从公元前 202 年到公元 220 年。这是颇不寻常的政治成就,但很遗憾,最终还是不免寿终正寝。

    第 9 章 政治衰败和家族政府的复辟

    四百年汉朝为何倒塌;大庄园增长的意义和马尔萨斯式社会的不公;门阀士族攫取政府和国家变弱;中国意义的国家

    不能假定,政治秩序一旦出现就能自我持续。亨廷顿的《变化社会中的政治秩序》,开初只是一篇名叫“政治秩序和政治衰败”的文章。他认为,与现代化理论的循序渐进相反,没有理由可以假设,政治发展比政治衰败更有可能。社会中各竞争力量取得平衡,政治秩序便会涌现。随着时间的推移,内部和外部都会发生变化。当初建立平衡的参与者在进化,或干脆消失了,又出现新参与者;经济和社会条件也会发生变更,社会遭遇外部侵略,或面对新的贸易条件,或引进新的思想。因此,先前的平衡不再有效,引起政治衰败,直到现存参与者发明新的规则和制度来恢复秩序。

    汉朝的崩溃原因多种多样,涉及早先政治平衡方方面面的变迁。公元 2 世纪,由于外戚和宦官的干涉,汉朝皇族的团结和它的合法性受到严重破坏。除了中国,宦官还在很多帝王的宫廷中扮演重要角色。他们已被阉割,不再有性感觉和性能力,所以深得信任。他们没有家庭,在心理上完全依赖主人,也不会想方设法为子女(因为不存在)争夺利益。他们扮演重要角色,帮助中国皇帝避开强大自治的官僚机构,并慢慢发展了自己的集团利益。

    先是外戚梁太后一族的领袖挑选软弱的汉桓帝(公元 147—167 年在位)继承皇位,以便自己的宗族获得政府高位和特权。不久,大难临头。皇帝在宦官的帮助下发动了现代拉丁美洲人所谓的自我政变(auto-golpe),残杀梁氏外戚。宦官摇身一变,成了强大政治力量,获得皇帝褒奖的官职、免税等,从而威胁了官僚和儒家的地位。始于 165 年,官僚和儒家开始发起反宦官运动,最终取得彻底胜利。

    环境条件令形势雪上加霜。173、179、182 年发生瘟疫;176、177、182、183 年发生饥荒;175 年发大水。广大民众的悲惨导致道教的兴起,它在农民和其他庶民中吸引众多信徒。儒家是一种道德,不是超现实的宗教,一直是精英的行为准则。道教源于古老的民间信仰,现在变成非精英的抗议宗教。184 年爆发的黄巾(他们头戴黄色头巾)起义以它为精神支柱,更因过去十年中农民所忍受的艰辛,而迅速星火燎原。虽在二十年后遭到血腥镇压(据传死去五十万人),它摧毁了大量的国家设施和生产力。这些灾难的结果是中国人口的骤减,从 157 年到 280 年,骇人听闻地减少了四千万,等于人口总数的三分之二。

    从中国政治发展的角度看,家族精英攫取国家权力以削弱中央政府,是汉朝衰败的最重要原因之一。秦朝消灭封建主义,创建非人格化现代国家,这一努力现在遭受极大挫折。在中国,亲戚关系再次成为权力和地位的主要途径,一直延续到 9 世纪的晚唐时期。

    但这不是周朝封建主义的复辟。秦朝以来已有太多变动,包括强大的中央政府、官僚机构、披上礼仪合法性的宫廷。西汉已逐步消除封地上的家族影响,当贵族家庭卷土重来时,他们没有重建地方上的权力基础,而是直接参与中央政府机构。周贵族和汉贵族之间的区别,有点类似 17 世纪晚期英国贵族和法国贵族之间的区别:英国领主仍住在自己庄园,行使地方上的权力;而法国贵族被迫迁去凡尔赛,以靠近宫廷和国王来谋取权力。在中国,宫廷中的权力就是通向地产的阳关大道,有权有势的官员可获得土地、侍从、农民、免税特权。

    富人更富

    随着时间的推移,中国经历了大庄园(latifundia)愈益扩张。它们受贵族家庭的控制,其家人身居高位,要么在长安的中央政府,要么在地方州郡。这加剧了贫富悬殊,一小群贵族家庭掌控日益集中的财富。他们逐步剥夺政府的税收,因为自己的富饶农地无需纳税,这些家庭就是今天所谓的追求租金精英的早期版本。他们利用政治关系攫取国家权力,再使用国家权力使自己富上加富。

    农业社会有条大庄园的铁律:富人将变得更富,除非遭到遏制——或是国家的,或是农民起义的,或是国家害怕农民起义而采取的。在前现代农业社会里,财富上的不均不一定反映能力或性格上的不均。技术是呆滞的,创业或创新的人得不到奖励。农业机械化之前,没有大规模生产的好处,所以无法解释大庄园的扩张。大地主的耕田都是分成小块,让单独农民家庭各自耕作。因债务机制,最初资源的小差别将与日俱增。富农或地主会借钱给较贫困的;遇上坏季节或坏收成,负债人不但赔掉家产,甚至可能沦为农奴或奴隶。大地主又可购买政治影响,以保护和扩充自己的财产,长此以往,富人优势自我更新,有增无已。

    所以,把现代产权理论误用于历史场景,只会导致根本上的误会。很多经济学家相信,健全的产权促进经济成长,因为它保护私人投资的回报,从而刺激投资和经济成长。但中国汉朝的经济生活,不像工业革命后二百年的世界,却像托马斯·马尔萨斯(Thomas Malthus)《人口学原理》中所描述的。今天,我们期待技术革新所带来的劳工效率增长(人均产量)。但在 1800 年之前,效率增长全靠运气。开发农业、灌溉、印刷机、火药、帆船远航,都促进了生产效率的增长。但在间隔的漫长岁月中,人口增加,人均收入反而降低。很多农业社会已达到其技术可能性的顶端,进一步投资不会增加产量。唯一的经济增长是粗放增长,即开发新耕地,或干脆争夺他人的。所以,马尔萨斯的世界就是零和,一方得益,另一方必然受损。富有地主不一定比小地主更为勤劳,他只是有更多资源来挨过难关。

    在集约增长不可能的马尔萨斯式世界,健全产权只会巩固资源的既存分配。财富的实际分配,代表不了生产效率或勤劳与否,只能代表起初的运气,或者业主与政治权力的关联。(甚至在今天流动和创业的资本主义经济,古板的产权捍卫者经常忘记,现存财富分配并不一定反映富人美德,市场也不一定是高效的。)

    如由他们自由选择,精英们倾向于扩张大庄园。在这面前,君主有两种选择。他们可与农民站在一起,运用国家权力来促进土地改革和平均地权,剪去贵族的翅膀。这发生在斯堪的纳维亚,18 世纪末瑞典和丹麦的国王与农民站在一起,反对相对较弱的贵族(参看第 28 章)。或者,君主站在贵族一边,运用国家权力来加强地方寡头对农民的控制。这发生在俄罗斯、普鲁士、易北河以东地区,那里的农民原本多是自由的,但自 17 世纪以来,由于国家的同流合污,却逐渐沦为农奴。法兰西王国的君主政体太软弱,不能剥夺贵族,也不能取消其免税地位,只好把新税负担全部压在农民头上,直到整个制度在法国大革命中自我爆炸。君主的何去何从——保护现有的寡头政治,或反戈一击——取决于很多具体因素,如贵族和农民的凝聚力、国家面临的外部威胁、宫廷内部的钩心斗角。

    汉朝的中国君主最初选择支持农民,一起反对愈益强大的大地主。西汉时期,有人不时呼吁回到商鞅废除的井田制。当时,它被视作农业社会地方自治的象征,而不是封建制度。贫困农民因大庄园兼并而丧失土地,其困境促使了恢复井田制的呼吁。公元前 7 年,有人建议大庄园地产不得超过三千亩(1 亩等于 0.165 英亩),由于大地主的反对,最后无疾而终。篡夺王位终止西汉的王莽也尝试实施土地改革,使大庄园国有化。他也面对极大反抗,最终在应付赤眉军(他们把眉毛画成红色)起义中筋疲力尽。

    王莽土地改革的失败,反让家族贵族在东汉恢复时扩充财产,巩固权力。大庄园成功控制成百上千的侍从、佃户、族人,还经常拥有私人军队。他们为自己和部下取得免税地位,减少帝国税收以及可供劳役和征兵的农村人口。

    中央政府因军队的衰退而进一步变弱。中国大部分军队专注于西北部的匈奴部落,驻扎在遥远的要塞,供应线拖得很长。农民很不愿意服这样的兵役,政府只好改在当地野蛮居民中招募雇佣军,或招募奴隶和罪犯。军人愈来愈像一个特殊阶层,在边境要塞的附近居住和务农,子承父业。这种情况下,获得军人忠诚的更可能是曹操和董卓那样的当地将领,而不是遥远的中央政府。

    日益增加的土地不均,加上 2 世纪 70 年代的自然灾害和瘟疫,黄巾起义终于爆发。秩序荡然无存,中央政府因派系斗争而分崩瓦解,这一切促使大户家庭躲在围墙后的庄园和地区,不再接受软弱国家的控制。汉朝的最后几十年,中央国家完全崩溃,权力落到一系列地方军阀手中,他们要么选择自己中意的皇帝,要么自己黄袍加身。

    国家分裂和家族制复辟

    秦朝统一中国之后最长命的朝代汉朝,终于在公元 220 年彻底崩溃。除了很短的例外,中国在今后的三百年中不再有统一国家。中国最伟大的历史小说之一《三国演义》,讲的就是东汉到晋朝这段时期。晋朝始于 280 年,但持续很短时间。小说作者罗贯中,在明朝写成(也许在 14 世纪晚期,但没有确定日期)这部作品。其时,明朝已从蒙古人手中解放中国,在汉人自己统治下,再度统一中国。小说的潜在主题是中国的不统一(内乱),造成混乱和外国侵略(外患),还阐述了恢复国家统一的条件。在塑造现代中国人历史意识方面,《三国演义》可与莎士比亚的历史剧媲美。它被改编成电子游戏和无数电影版本。北京要求统一台湾,其背后对分裂的痛苦记忆,就可以追溯到这一时期。

    从中国政治发展的观点看,值得关注的是亲戚关系和家族制,如何在汉和隋之间的空白时期(581 年中国再度统一)重新成为中国政治的组织原则。中央国家的力量,正好与家族团体的力量成反比。即使在现代国家获得建立之后,各种形式的部落制仍是预设的政治组织。

    汉朝终止之后的时期是非常复杂的,但从发展角度看,细节就不那么重要。中国最初分裂成所谓的三国:魏、蜀汉、吴。魏得以在西晋名下重新统一中国,但很快发生内战。西晋的都城洛阳在 311 年遭到匈奴部落的洗劫和占领,匈奴国王在中国北部创建众多外族朝代中的第一个。逃至南方的西晋幸存者,在长江边上的建康(现代的南京),也建立数个南方朝代中的第一个,即东晋。北方和南方一分为二,都经受了持续动乱。在北方,洗劫洛阳导致了所谓十六国的部落战争。有两次新的野蛮人入侵,第一次是原始西藏人的氐和羌部落,第二次是拓跋部落,即突厥鲜卑人的分支。拓跋部落建立了北魏(386—534),随着时间的推移而日益汉化。他们冠中国人的姓,与汉人家庭通婚联姻。拓跋部落中的紧张导致再一次的内战,到 6 世纪早期分成东魏和西魏。在南方,迁自北方的旧宫廷重组东晋朝代,大量贵族家庭和侍从跟踪而来。到 4 世纪中,东晋灭于军事政变,之后又有武将建立的数个孱弱朝代。

    汉朝军阀曹操和儿子曹丕在 220 年建立魏国,制定九品中正制,从而加速了始于东汉的家族制倾向。每个郡和州,都派有仲裁人,官名叫中正,依据品德和能力评议官职的候选人。不像早先的汉朝推荐制度,遴选仲裁人的不是中央,而是地方,显然要受更多地方精英的影响。新招聘制度将所有精英家庭排成正式等级,又与各层官位挂上钩。汉朝时,不做官的人仍可有高级地位。自从有了九品中正制,官位变成争取高级地位的唯一途径。加上对血统的愈益重视,子承父位便成家常便饭。

    在强大中央政府的手中,九品中正制可以是削弱豪门、加强国家的对策。17 世纪和 18 世纪初,法国君主出售一套精细的爵位和等级给贵族阶层,从而削弱该阶层采取集体行动的能力。每个贵族家庭太忙碌了,沾沾自喜,瞧不起底下人,以致不能互相合作来保护自己广泛的阶级利益。3 世纪的中国,九品中正制却似乎成了贵族攫取国家的手段。庶民人才不能再通过推荐或考试攀至高位,这些官位只保留给现任官员的孩子,好像他们是战胜部落的领袖。其时的皇帝往往不能保证自己的宠臣得到高位,因为宠臣缺乏合适的血统。这一切证明,真正的权力不在国家手中,而在贵族家庭手中。

    西晋垮台后,家族制在北方和南方各有不同发展。在南方,东晋宫廷由本地大户和洛阳迁来的贵族流亡者所掌控。他们把九品中正制也带来,政府操纵在王、陆、张姓的大户手中,都是高级血统的近距离表亲。

    大庄园的继续扩张加剧了贵族控制。早在 3 世纪晚期,西晋颁布土地法,规定所有农民有权获得最低数量的土地,以换取他们的徭赋负担。它也规定了贵族家庭拥有土地、免税租户和侍从的最高限额。但它和东晋时颁布的类似法律,从没得到执行。像王莽夭折的土地改革,这些失败证明了大庄园势力的日益壮大,直接威胁到国家的控制和资源。

    在北方,战胜的羌人和突厥人首先是部落组织,就把自己的主要宗族安插到重要官位。初期仍有持续的冲突和部落之间的争战,这些外族家庭便是整个地区的领导精英。汉朝时兴起的中国贵族家庭,要么南逃去投奔东晋宫廷,要么退回自己的庄园。他们仍拥有地方权力,但避开宫廷政治。5 世纪的后半叶,北魏朝代得以集中权力,5 世纪 90 年代迁都到历史名城洛阳,事情于是开始发生转变。魏孝文帝禁止在宫廷使用鲜卑语和鲜卑服,鼓励鲜卑人与汉人通婚,邀请主要的汉贵族家庭赴宫廷供职。他得以创造统一的贵族阶层,将所有精英家庭排成正式等级,就像南方的九品中正制。在这样的环境中,多数高级官员同属一个宗族,贵族等级又是晋升高级官位的必要条件。大庄园兼并土地,贵族阶层权力日益增加,也都是北方的难题。485 年北魏颁布一条法令,限制大庄园,保证农民获得最低数量的土地。

    强大的中国国家

    6 世纪中期,北方的东魏和西魏被北齐和北周所取代。577 年,北周进攻并打败了北齐。时任北周将领的杨坚成为风云人物,他出身鲜卑族,妻子来自匈奴一个强大氏族。杨坚在内斗中击败对手,于 581 年建立隋朝。他的军队在 587 年打败南方的梁,在 589 年打败南方的陈。这是 220 年汉朝崩溃以来,中国在单一中央政府治理下的首次统一(实际领土与秦汉时不同)。谥号为文帝的新皇帝把京城搬回长安,以汉朝为榜样重新打造强大的中央政府。他儿子兼继位人炀帝执迷于运河营造,还向朝鲜的高句丽王国发起草率的进攻最终失败。他死于 618 年,隋朝很快消失,这一段空白很短。名叫李渊的北方贵族在 617 年起兵,下一年攻取长安,宣布成立新朝代。唐朝是中国最伟大的朝代之一,持续了将近三百年,直到 10 世纪初。

    隋唐重建中央集权,但没能终止贵族家庭的影响。他们在间隔的空白时期,攫取了众多小国的政府权力。我们将在第 20 章和第 21 章看到,反对家族制的斗争将持续随后的三个世纪,一直要到 11 世纪的宋朝,行政机构才返回汉朝时的“现代”基础。中国国家的重新集权,得以激活像科举考试和学而优则仕那样的制度。在先前的数世纪中,这些制度在门阀贵族面前一输再输。

    汉隋之间三百年混乱所提出的最有趣问题之一,不是中国为何崩溃,而是中国为何再次统一。在如此广阔的领土上维持政治统一,这个命题绝对不是琐碎的。罗马帝国崩溃后,尽管有查理大帝和其他神圣罗马皇帝的努力,仍然得不到重组。汉朝之后的多国制度凝固成像欧洲一样的半永久制度,众多国家,相互竞争,这也不是不可想象的。

    这个问题的部分答案已经有了。中国国家早熟的现代化,使之成为社会中最强大的社会组织。即使中央国家崩溃了,它的许多继承者在自己边界内,仍尽量复制汉朝的中央集权制度,仍尽量追求在自己领导之下完成统一大业。合法性最终来自天命的继承,而不在于偏安一隅。那些继承国家在边界内复制汉朝机构,从而防止进一步的分崩离析。所以,没有在中国出现像欧洲那样的一再分封。

    中国何以再次统一的第二个原因也许更为重要,能向当代发展中国家提供启示。中国在秦汉时期所创造的,除了强大国家,还有共同文化。这种文化不能算所谓的现代民族主义的基础,因为它仅存在于中国统治阶级的精英阶层,而不存在于广大老百姓。但产生一种很强烈的感情:中国的定义就是共同的书面语、经典著作、官僚机构的传统、共同的历史、全国范围的教育制度、在政治和社会的层次主宰精英行为的价值观。即使在国家消失时,这种统一文化的意识仍然炽烈。

    遇上不同传统的外族野蛮人时,这种共同文化的力量变得尤为显著。占领中国的几乎所有入侵者——匈奴、鲜卑(拓跋),或更迟的女真(满人)、蒙古、党项(西夏)、契丹——起初都希望保留自己的部落传统、文化、语言。但他们很快发现,如不采用中国精湛的政治制度,便无法治理中国。更有甚者,中国文化的威望迫使他们要么同化,要么回到老家的草原或森林以维护自身文化。

    中国得以重新统一是因为秦汉两朝已创下先例,统治整体比统治其中一部更为合法。谁有此权利呢?这是个复杂题目,要作出回答,先要认真弄清中国对政治合法性的概念。在这个问题上,中国朝代的间隔期尤其富有启示。这段时期无疑是一场自由竞赛,政治权力的门外汉——农家子、可疑种族背景的外族人、未受儒家教育的军人——都有机会攀爬到制度的尖顶。中国人愿意向他们和其后裔提供合法性和绝对权力,其原因有点扑朔迷离。在后面论以及其他的改朝换代时,我会重新回到这一问题。

    中国是创造现代国家的第一个世界文明。但这个国家不受法治限制,也不受负责制机构的限制,中国制度中唯一的责任只是道德上的。没有法治和负责制的强大国家,无疑是一个专制国家,越是现代和制度化,它的专制就越是有效。统一中国的秦朝作出雄心勃勃的努力,想把中国社会重新整顿为一种原始极权主义国家。这个工程最终失败了,因为国家没有工具或技术来实现这个野心。它没有激励人心的意识形态来为自己辩解,也没有组织一个党派来实现它的愿望,凭借当时的通信技术还无法深入中国社会。它的权力所到之处,它的专制是如此暴虐,以至激起了导致自己迅速灭亡的农民起义。

    后续的中国政府学会收敛雄心,学会与现有的社会力量并存不悖。在这一方面,它们是专制的,但不是极权的。与其他世界文明相比,中国集中政治权力的能力颇不寻常。

    在这方面,中国政治发展的路程与印度截然不同。这两个社会作为“亚洲”或“东方”的文明,经常放在一起。它们在早期表现出相似特征,后来却各奔东西,南辕北辙了。过去两千年中,中国的预设政治模式是中央官僚国家,缀以分裂和衰败;而印度的预设模式是一系列弱小王国和公国,缀以短暂的政治统一。我们如果察看印度的历史长河,它是民主国家的事实就丝毫不足为奇。这不是说印度早期就有民主思想,从而创下先例;而是说很难在印度政治中,建立起专制统治。我们将在后续章节中看到,其原因在宗教和思想的领域。

    第 10 章 印度的弯路

    印度早期的发展因婆罗门教的兴起而不同于中国;瓦尔纳和迦提;印度早期的部落社会;印度亲戚关系的特征;印度在建国大道上的弯路

    印度早期的政治发展明显与中国形成分流。一开始,它们都是分支式的部落社会组织。到公元前第一个千年的中期,第一批酋邦和国家从印度北部的部落社会中脱颖而出,比中国晚不了太多。在这两个文明中,酋邦和国家不以亲戚关系为基础,而是由等级分明的政府,开始在领土范围内行使强制权力。

    就战争而言,它们的轨迹却截然不同。印度从没经历像中国的春秋和战国时期持续数世纪的暴力。原因不很明确,可能是由于印度河和恒河流域的人口密度大大低于中国,受地理局限较少;与其顺从等级分明的社会秩序,倒不如迁移他处。无论如何,早期印度国家无须像中国所经历的那样,应对社会动员的极端要求。

    更为重要的是,印度出现一种独特的社会发展模式,对印度政治造成巨大影响,一直持续到今天。大约在国家刚刚形成之际,便涌现出界限分明的四大社会阶层,被称为瓦尔纳(varnas,阶层):它们是祭司的婆罗门(Brahmins)、武士的刹帝利(Kshatriyas)、商人的吠舍(Vaishyas)、包罗其余的首陀罗(Sudras,主要是农民)。从政治观点看,这是非常重要的发展,它把世俗和宗教的权力一分为二。中国也有祭司和宗教官员,像主持宫廷礼仪和皇帝祖陵的礼部尚书,但只是国家雇员,严格屈从于皇家权力。中国祭司从没作为独立集团而存在,中国也就发展成“政教合一”的国家。另一方面,印度的婆罗门与刹帝利判然分开,甚至比武士享有更高权威。虽然它没有组成像天主教一样的严密集团,但仍享有类似的道德权威,不受国家干涉。此外,婆罗门阶层被当作神圣法律的监护人,而这法律不但独立于政治统治,且具更长历史。所以,国王必须遵从他人所编纂的法律,自己不是一言九鼎的法律制定者,如中国皇帝。跟欧洲类似,印度也有可称作法治的萌芽,以限制世俗的政治权力。

    第二项重要社会发展是迦提(jatis)的涌现,最终演变成种姓制度(caste)。它把所有的瓦尔纳,再细分为数百种分支式、对内通婚的职业群体,从各式祭司、商人、鞋匠到农民,达成评论家所谓的职业秩序的神圣化。迦提重叠在现有血统结构之上,为氏族的异族通婚设定界限。也就是说,异族通婚的父系家族的血统,必须在迦提范围内谈婚论嫁,鞋匠女儿必须嫁给不同氏族的鞋匠儿子。成员相互合作,共同生活于自给自足的社区,在这一点上,迦提保留了其他部落社会的分支式特征。但他们又是相互依靠的,是更广泛分工的一部分。与工业社会相比,这种分工非常有限;尽管如此,它又远比单纯的部落社会复杂。依照涂尔干的标准,迦提显示了机械团结和有机团结的双重特征——这是指,个人既是自我复制相同单位的成员,又参与更为广泛的社会互助。

    在中国,出现于周朝的国家在社会顶端取代了分支式或部落的组织。宗族仍是重要的社会组织,国家和亲戚团体之间出现了权力的此起彼落,一方强大了,另一方就变弱。到最后,塑造中国文明的决定性因素是国家。在印度,瓦尔纳和迦提所创造的社会分类成为社会基石,大大限制了国家权力的渗透和掌控。以瓦尔纳和迦提为定义的印度文明,获得广泛扩散,从开伯尔山口(Khyber Pass)到东南亚,统一了语言和种族的众多群体。不像中国,这块辽阔领土从没受到独家政治权力的统治,也没发展出独家文学语言。20 世纪晚期之前,印度历史只是持久的政治分裂和政治软弱,最为成功的统一政治体中不少是外国入侵者,其政治力量依赖完全不同的社会基础。

    印度部落社会

    与中国相比,我们对印度部落社会以及其向国家的过渡,所知极其有限。虽然处于对应的社会发展阶段,印度社会的文化水平要低得多,绝对比不上记载商朝政治活动的大量甲骨文或东周的冗长编年史。印度最早的定居点是旁遮普(Punjab)和西部的摩亨佐—达罗(Mohenjo-Daro),它的哈拉帕(Harappan)文明仅留存于考古学资料。我们所了解的印度早期社会组织,都是从“吠陀本集”(Vedic texts)中推断而来。该本集记载圣歌、祈祷、注释等,可追溯到公元前两千年或三千年,以前是口口相传,直到公元前一千年中期才变成书面记录。印度第一个本土帝国是孔雀王朝(Mauryas,公元前 321—前 185 年),在很多方面,它又是最伟大的本土帝国。但它的文字记载仅有流散到次大陆的数块法令岩石,再加上希腊、中国和其他外国著作的提及。这里可能有因果关系:缺乏流传广泛的书面文化,尤其是在印度统治者和行政官员中,大大阻碍了强大集权国家的开发。

    印度—雅利安部落自黑海和里海(Caspian)之间的俄罗斯南部迁移至印度,由此开创了印度政治发展。某些部落群体转向西方,成为希腊、罗马、日耳曼和其他欧洲团体的祖先;另一群体朝南抵达波斯,第三群体向东到阿富汗东部,再穿越巴基斯坦西北部的斯瓦特峡谷(Swat Valley),直达旁遮普和印度河—恒河(Indo-Gangetic)分水岭。现在通过 Y 染色体和线粒体,可以追踪印度—雅利安群体之间的血缘关联,但首次确定相互关系的却是语言学家,他们在印度梵语(Sanskrit)和西方语言之间找出相似,因为它们同属更大的印欧语系。

    早期印度—雅利安部落是游牧民族,放牧牛群,以牛为食,并已驯养马匹。他们第一次迁入印度河—恒河平原时,碰上他们称作达萨(dasas)的其他定居者,后者可能属于不同种族,使用达罗毗荼语(Dravidian)或澳斯特罗—亚细亚语(Austro-Asiatic,又称南亚语)。这段时期,这些部落的行为与他处部落非常相似。他们袭击达萨社区,偷他们的牛,与其他部落打仗。如果遇上强有力的军事抵抗,他们就退避三舍,该地当时仍属人烟稀少。吠陀本集中最古老的是《梨俱吠陀》(Rg Veda),它提及部落之间的频繁冲突、拉贾(Raja)或部落领袖的涌现、确保战争成功的祭司。印度—雅利安人开始在恒河平原安顿下来,从单一游牧业转为游牧业和农业的混合。种植由小麦改成稻米,农业技术因此获得改进,使更多盈余、更突出的送礼和礼仪奉献成为可能。大约同时,奶牛地位开始发生变化,从印度—雅利安人主要的蛋白质来源(像努尔人一样),到受人崇拜的图腾动物。

    在这个发展阶段,与我们已经解说的其他分支式社会相比,印度—雅利安社会似乎没有任何的别具一格。例如,拉贾一词经常被译成国王,但实际上只是当时的部落领袖。历史学家罗米拉·塔帕(Romila Thapar)指出,拉贾的主要词根是“发光、带领”,但它的另一词根是“使人满意”。这显示,拉贾在部落中的权威有赖于众人的共识。拉贾又是军事领袖,帮助保卫自己的社区,率领众人向邻近部落发起袭击以攫取战利品。他的权力受亲戚团体集会的制衡,如维达萨(vidatha)、萨巴(sabha)、萨米提(samiti)。其中的维达萨,专门负责在社区内分派战利品。像美拉尼西亚社会的头人,拉贾的地位取决于他在奉献和盛宴中分配资源的能力。拉贾们彼此竞争,看谁可摆出最多的财富以及最终的浪费,很像夸扣特尔(Kwakiutl)和其他西北太平洋海岸印第安人的庆典。

    像其他部落社会,印度没有法律制度,以赔偿金解决争端(杀人赔偿金是一百头奶牛)。拉贾没有征税权力,也不在现代意义上拥有土地。所有权都在家庭手中,还有对亲戚团体的义务。像其他分支式社会,印度—雅利安部落可团结起来,组成像般庶王朝(Panchalas)那样的高层次分支,高层次分支之间可以再次联手,以达成更高层次的联盟。

    印度家庭和亲戚关系

    像希腊、罗马、中国,印度—雅利安部落也组成父系家族的血统。19 世纪的历史人类学家,包括甫斯特尔·德·库朗日和亨利·梅因,在希腊、罗马、凯尔特、条顿、当代印度人中,找到甚多相似的亲戚结构。我曾提及,希腊、罗马、早期印度人都在家庭祭坛供养圣火(参看第 3 章)。从 1862 年到 1869 年,梅因是在印度度过的。作为总督会议的法律成员,他潜心攻读印度的原始文献。他确信曾有过统一的“雅利安”文明,包括罗马和印度。由于共同的历史起源,他们有关财产、遗产、继承的法律条款都非常相似。他相信,印度以某种方式保存了法律和社会实践的古代形式,人们可从印度的现在看到欧洲的过去。

    后来的人类学家对梅因提出严格批评,认为他过于简化印度的亲戚关系,并在它之上强加了不妥当的进化结构。在显示欧洲人和印度人的共同种族起源上,他似乎确有强烈兴趣,也许是为了提供英国统治印度的历史基础。但他仍是比较人类学的伟大创始人之一,并以渊博知识展示,不同文明发展了相似方案,以解决社会组织问题。当代人类学家都意识到,各社会的亲戚结构中存有难以置信的微妙差异,但有时只见树木不见森林,认不清同级发展水平的不同社会之间的相似程度。

    像中国一样,我们也不能将当代印度亲戚组织,投射到早期的印度—雅利安人。亲戚关系作为社会基本结构原则,从没在印度消失,这不像西方,倒与中国相近。所以,印度的社会组织自有其潜在的持续性,我们必须心领神会,方能解释其政治发展的此起彼伏。

    印度的亲戚组织分属三大区,与次大陆的三大民族语言区相对应:第一,北部,其居民是讲梵语的印度—雅利安后裔;第二,南部,其居民讲达罗毗荼语;第三,东部,与缅甸和东南亚其他地区非常相似。几乎所有的印度亲戚团体,都形成分支式的世系,绝大多数是父系社会。然而,在印度的南部和东部又有重要团体,分属母系社会和母系中心,例如马拉巴地区(Malabar)的那雅人(Nayar)。跟中国一样,后裔团体基于共同祖先,通过某种形式的共有财产而取得集团身份。

    印度亲戚关系不同于中国,因为瓦尔纳和迦提的等级制度参与其中。迦提确立异族通婚的界限。这意味着,任何人通常不得与自己瓦尔纳或迦提之外的人谈婚论嫁。瓦尔纳和迦提的制度等级森严,较低地位女子如何“高攀”较高地位男子,或较低地位男子如何“高攀”较高地位女人(后者比较少见)(人类学家称之为向上通婚[hypergamy]和向下通婚[hypogamy]),它都设有精细规则来作规范。每个瓦尔纳和迦提的本身,在地位级别上又作进一步的条分缕析。所以,即使在自己分类中通婚,也会遇上甚多禁忌。例如,婆罗门中有些必须主持家庭仪式,而另一些则不必;有些主持葬礼,而另一些则不必。婆罗门最高级别的男子,绝不可能娶最低级别婆罗门的女儿(即主持葬礼的)。

    梵语的北方和达罗毗荼语的南方,它们在亲戚规则上的差别涉及表亲通婚,从而影响政治组织。在北方,儿子必须与父亲血统之外的人通婚,不可与第一表亲通婚。在南方,儿子同样必须与父亲血统之外的人通婚,但是,与父亲姐妹的女儿通婚,不但允许,而且获得鼓励。这种做法叫作交叉表亲(cross-cousin)的婚姻。而平行表亲(parallel cousin)的婚姻,即与父亲兄弟的女儿通婚,则不可,因为这违反了氏族的异姓通婚规矩。所以,男子可与姐姐的女儿和舅舅的女儿通婚。换言之,像很多阿拉伯部落一样,南方的印度部落倾向于把婚姻(以及相关的遗产)局限于狭窄的亲戚小圈子,相连的血统因此而聚居在一起。在北方,家庭为了孩子能找到合适的配偶,被迫在更大范围内撒网。达罗毗荼的交叉表亲婚姻,加强了其社会关系狭小内向的特征,这存在于所有的部落社会。可以假定,这样的婚姻实践降低奖励,使南方的国王不愿去寻求远方的婚姻同盟,如建立现代西班牙的阿拉贡国王(Aragon)和卡斯提尔女王(Castile)的联姻。

    这段简洁的概述,尚未触及印度复杂亲戚关系的皮毛。对梵语的北方和达罗毗荼语的南方,虽然可做出一个概述,但这两个地区在亲戚规则方面,因地理位置、种姓制度以及宗教的不同,而展示出巨大的内部差异。

    过渡到国家

    促使印度从部落社会过渡到国家,其原动力是什么?我们所拥有的相关信息,远远少于中国案例。我们有两种关于国家形成的虚幻解说,与人类学家的暴力和社会契约理论遥相呼应。第一种解说,“吠陀本集”中较晚文本的《爱达罗氏梵书》(Aitareya Brahmana,或译《他氏梵书》)解释:“众神与魔鬼大打出手,但在敌人手中吃尽苦头,便聚会讨论,决定要一名拉贾来率领打仗,于是指定因陀罗(Indra)为他们的国王,战势很快获得逆转。”这个传奇显示,印度最早的国王应人们和军事的需求而生,其首要职责是率领部下打仗。第二种解说来自佛教资料:

    当人们丧失原始的光荣,阶级差别(瓦尔纳)遂出现。他们签订协议,接受私人财产和家庭的制度,盗窃、谋杀、通奸和其他罪行由此而起。人们聚会讨论,决定要选出一名成员来维持秩序,报酬是分享一份土地和畜牧的收获。他被称为“大选出王”(Mahasammata),头衔是拉贾,因为他取悦于其他成员。

    佛教始终是印度教的翻版,只是更为仁慈,更为温和。它强调非暴力,以及轮回转生的更为可行。所以,佛教徒认为国家形成获得大家同意,也属意料之中。但上述两种解说都不是历史记载。

    实际的过渡也许牵涉到其他社会在建立国家时所遇到的所有因素。第一是征服:《梨俱吠陀》讲到印度—雅利安人遇上达萨人,发动战争,最终征服后者。最早提及的瓦尔纳,不是大家熟悉的四大社会阶层,而是两大社会阶层,分别是雅利安阶层和达萨阶层。所以很明显,从平等部落社会到等级国家社会的过渡,开始于军事征服。最初,达萨人只是因为自己的种族和语言而与征服者有所区别,到后来,达萨一词变成了从属或奴隶的代名词。这个转变是逐渐发生的,时间在印度—雅利安从游牧社会过渡到农业社会之后。剥削从属阶级创造庄稼收获的盈余,自己部落不必投入劳动,便可收取一笔地租。“拉贾”的意思,也从部落领袖变为“自土地或村庄享受收入的人”。大约在公元前 6 世纪早期,等级的日益分明又与永久定居、雏形城市、土地所有权紧密相连。在土地上劳作的,不再是亲戚团体共同协作的家庭,而是与地主并不沾亲带故的农民。为了使低级阶层永远处于被主宰的地位,为了防止他们逃逸,常备军和领土的政治控制变得不可或缺。

    跟中国相似,促进政治巩固的还有技术变化。其中之一是铁器,它在公元前 800 年之后得到与日俱增的使用。铁斧可用来清除密集的森林,铁犁可帮助耕地。国家没有控制铁的生产,但铁工具的使用带来威望,并增加国家可挪用的有效盈余的总水平。

    像中国和其他从部落过渡到国家的社会,独特和永久的祭司阶层婆罗门,赋予部落领袖愈益增长的合法性,使后者权力获得很大提升。拉贾行使政治权力,祭司通过仪式使之合法化;拉贾又支持祭司,并提供资源来补偿这些服务。早期的拉贾凭借祭司而获得神性,从而将自己职位转为祖传财产,通过渐渐流行的长子继承权再传给儿子。显而易见,半神半人不再是部落长者中的老大。所以,部落集会的萨巴失去了选择氏族领袖的能力,开始扮演咨询的角色。国王的授权仪式发展成持续一年的献祭仪式;其间,拉贾经历净化和象征性的新生;到终结时,婆罗门再赋予他职位和神性。

    公元前 6 世纪末,印度河—恒河平原上的社会已从部落过渡到雏形国家或酋邦,被称为伽那—僧伽(gana-sangha,编按:前者意为“众多”,后者意为“集合体”)。北方的国家,如鸯伽(Anga)、摩揭陀(Magadha)、俱卢(Kuru)、般庶,控制界定的领土,治理城市中相对密集的人口,完全是主权政治体。它们等级森严,王位世袭,其精英向农民抽取租金。相比之下,伽那—僧伽尚保留部落社会的特征:等级松弛,领导权模糊,不能像真正国家一样行使强制权力。

    弯路

    到此为止,印度北部和两三千年前的中国西周,它们所经历的政治发展没有重大差别。最初,社会组成父系氏族的联合体,信奉祖先崇拜;大约在过渡到定居农业社会时,转向等级分明、世袭领袖、统治者和祭司的分工。很有可能,商朝统治者比印度的统治者行使更多权力,但差别不很惊人。

    首批真正国家出现于印度河—恒河平原时,印度的政治演变以戏剧性的方式与中国模式分道扬镳。印度国家没有经历五百年日益激烈的连续战争,就像中国早期国家在东周时所承受的。之后的数世纪内,印度国家也彼此打仗,也与伽那—僧伽交战,但从没达到中国所实施的相互灭绝的惨烈程序。如我们所知,中国独立政治体的总数,从东周初的数百持续下跌到东周末的一枝独秀。相比之下,印度只有较少较不激烈的战争,以及较低程度的统一。较为原始的伽那—僧伽,没被强大的国家所兼并,一直生存至公元第一个千年的中期,这就很说明问题了。在发展现代国家制度方面,战国时期的中国政治体不得不仿效邻国,而印度政治体显然没有此种压力。公元前 3 世纪末,孔雀王朝得以统一次大陆的大部,建成单一帝国,但仍有部分地区从没被征服,甚至其核心地带的统治也没得到彻底的巩固。孔雀王朝持续仅 136 年,这种幅员辽阔的政治体再也没有在本土政权下重现,直到 1947 年印度共和国出现。

    差别的第二领域涉及宗教。中国设立了专业祭司,主持向国王和皇帝赋予合法性的礼仪,但其国家宗教从没超越祖先崇拜的层次。祭司主持对皇帝祖先的崇拜,但没有自己的司法权。末代皇帝失去合法性时,或朝代之间没有合法统治者时,没有作为机构的祭司来宣布谁享有天命。这种合法性可由任何人赋予,从农民、军人到官僚。

    印度宗教则走上迥然不同的路。印度—雅利安部落的原始宗教,可能也像中国那样基于祖先崇拜。但始于公元前第二个千年,即“吠陀本集”创作时,它发展成精细的形而上学系统,以无形超然的世界来解释尘世的全部现象。新兴的婆罗门宗教,把重点从个人的祖先和后裔转到包罗万象的宇宙系统。为这超然世界把关的就是婆罗门阶层,其权威是很重要的。他们在未来世界中所保障的,不但是国王的血统,而且是最低级农民的福祉。

    在婆罗门教的影响下,分别是雅利安人和达萨人的两大瓦尔纳,进化成四大瓦尔纳:婆罗门、刹帝利、吠舍、首陀罗。处于顶端的是祭司阶层,他们创作了构成“吠陀本集”的仪式祈祷。随着宗教的发展,历代的婆罗门默记这些祈祷。这礼仪咒语的倒背如流成为他们的专业,与其他瓦尔纳争夺社会地位时,又变成其优势。法律就从这些仪式中脱颖而出,起初只是惯例,口口相传,最终写入法律书籍,像英国人所称的《摩奴法典》(Manava-Dharmasastra)。所以在印度传统中,法律并不来自政治权力,这不像中国;它的源泉既独立于统治者,又比统治者更为崇高。事实上,《摩奴法典》讲得很清楚,国王之存在是为了保护瓦尔纳制度,不可颠倒过来。 如果我们把中国案例当作政治发展的标准直线,印度社会大约在公元前 600 年走上一条大弯路。印度没有经历漫长的战争,以开发现代非人格化的集权国家。权力没有集中于国王,而在界限分明的祭司阶层和武士阶层之间平分。他们相互依赖,以求生存。印度虽然没在当时开发出像中国一样的现代国家,但创造了限制国家权力和权威的法治雏形,中国则没有。很明显,印度始终不能以中国方式集中权力,其根源就是印度宗教,我们将对此作更仔细的审视。

    第 11 章 瓦尔纳和迦提

    经济与宗教,作为社会变化的源头;印度的社会生活因宗教而变得包罗万象;印度宗教对政治权力的启示

    作为社会变化的源头,经济利益与思想到底谁占鳌头?这是社会理论家最古老的争辩之一。从卡尔·马克思到持现代理性选择理论的经济学家都认为,物质利益享有优先权。马克思认为,宗教是大众的“麻醉剂”,这个神话是精英编出的,为了辩护其对社会他人的掌控。很多现代经济学家不像马克思那么尖刻,但仍认为他们的功利最大化的理性架构(rational utility-maximizing framework),足以解释几乎所有的社会行为。诺贝尔奖得主加里·贝克(Gary Becker)曾表示,不同意者只是研究得不够认真。思想被认为是外在因素,也就是说,为了解释物质利益,它只是在事后建立的,并不是社会行为的独立原因。

    站在该论点对面的是一批现代社会学创始人,包括韦伯和涂尔干。他们认为,宗教和宗教观念是主要因素,既是人类行动的动力,又是社会身份的来源。韦伯坚持,在现代经济学家所运作的架构中,个人是主要决策者,物质利益是主要动机;但最终,这架构本身又是新教改革的观念的产品。写完《新教伦理与资本主义精神》后,韦伯继续写出有关中国、印度和其他非西方文明的著作。它们显示,要理解经济生活是如何组织的,宗教观念不可或缺。

    如果要举马克思一方的例子,即宗教在为少数精英掌控他人作辩护,一定不会选普世平等的基督教或伊斯兰教,而要选公元前最后两个千年出现在印度的婆罗门教。根据《梨俱吠陀》:

    众神奉献牺牲时,以普鲁沙(Man)为祭品……

    他们分解普鲁沙时,将他分成多少块?

    他的嘴和双臂叫什么?双腿和两足又叫什么?

    婆罗门是他的嘴,他的双臂成为武士。

    他的双腿成为吠舍,从两足生出首陀罗……

    众神作完奉献,这是神圣法律之首。

    这些大力神飞天,那里住有永久神灵。

    婆罗门不仅将自己安置在这四大社会阶层的顶端,而且授予自己对祈祷和圣歌的永久垄断。那些祈祷和圣歌在赋予合法性的各种仪式中不可或缺,从最高级的国王授权,到最低级的婚礼或葬礼。

    以纯唯物主义来解释印度社会中的宗教功能,难以让人满意。首先,它无法解释神话中的实际内容。如我们所见,在过渡到国家的前夕,中国社会和印度社会有很多结构上的相似。中国精英,像每个已知社会的精英,也利用赋予合法性的仪式来提升自己的权力。但中国人想象不出一个像印度那样的既深刻又复杂的形而上学系统。事实上,即使没有超然宗教的帮助,他们仍能有效夺取和保有权力。

    此外,在印度占居首位的不是拥有强制和经济权力的精英,反而是仅有仪式权力的精英。即使有人相信物质原因是最重要的,他仍要回答这一疑问:为什么刹帝利和吠舍——武士和商人——甘愿臣服于婆罗门,不仅向后者提供土地和经济资源,而且让后者控制自己个人生活的隐私。

    最终,就印度社会而言,不管是经济解释,还是唯物主义解释,都必须解释该制度为何经久不衰。公元前 600 年,婆罗门教适合精英小团体的利益,但随着时间的推移,它并不适合印度社会中其他阶层和团体的利益。为何没有反精英运动的兴起,宣扬新的宗教思想,以提倡普世平等?在某种意义上,佛教和耆那教就是抗议宗教。两者继承了很多婆罗门教的形而上学假设,但在次大陆却得不到广泛接纳。对婆罗门教霸权的最大挑战,却是外国入侵者凭借武力进口的——莫卧儿帝国带来了伊斯兰教,英国人带来了西方自由和民主的思想。所以,必须把宗教和政治本身看作行为和变化的动力,不可视之为宏大经济力量的副产品。

    印度宗教的合理性

    就现代经济的需求而言,很难想象还有另外一个社会制度,其兼容度低于婆罗门教迦提制度。现代劳工市场理论要求,每个人通过在教育和技能方面的投资,自由地与人签约来出售自己的服务,从而“改善自己的处境”,这是亚当·斯密(Adam Smith)的原话。信息流通的灵活劳工市场,能够导致个人处境的最大改善和资源的优化分配。相比之下,根据迦提制度,个人天生只能从事有限行业。他们必须继承父业,必须与同一迦提团体的成员通婚。投资教育是没有意义的,因为个人永远都不能在生活中提高自己的地位。在迦提制度中,社会升迁只适用社区总体,不适用个人。所以,迦提的团体可决定搬往新区,或开发新的商机,但不允许个人创业。该制度对社会合作造成了巨大障碍,对某些婆罗门来说,光是看见贱民就需要一个冗长的净化仪式。

    从现代经济观点看,这很不合理;对接受婆罗门教根本前提的人来说,这又完全合理。整个社会制度,包括种姓制度中最细微的规则,作为宏观形而上学系统的逻辑结论,却是非常完美的。现代评论家经常试图以实用或经济功利来解释印度的社会规则,例如,禁食奶牛刚开始只是卫生措施,为了避开受污染的牛肉。除了不符合早期印度—雅利安人像努尔人一样吃奶牛的事实,这种解释无法看透主观上体验到的社会凝聚,反而折射了评论家自己的世俗偏见。

    韦伯认识到婆罗门教理后面的高度合理性——自然神学(theodicy),或上帝的理由,他称之为“天才的手笔”。去印度修道院研读的西方皈依者,往往能体会到这一天才,其始于否认现实的现象世界。下面是皈依者自己的话语:

    所有印度宗教系统,其终级目的是为了超越生命(moksha)。它们都假设,感知的存在是对现实(maya)的误解,仅是外表,躲在背后的才是终级存在的梵(brahman)。它无形无体,正因为无形无体,所以永恒。它是唯一的现实。我们所感觉的,我们因自己的物质存在而有所依恋的,都是稍纵即逝的(都会凋零和死亡),所以是虚无缥缈的(maya)。不像有些解说者所宣称的,存在的“目的”实际上不是“获得”对梵的认同,而是排除万难去体会,个人内心(atman)中真实永久的东西就是梵。

    凡人的生存涉及物质的生物生存,其对立面,就是超越此时此地的无形无体的真正存在。早期婆罗门认为,“与分娩有关的流血、与疾病和暴力有关的痛苦和变形、与人体排泄物有关的污浊恶臭、与死亡有关的衰败腐烂”,都会牵涉凡人生命,都需要得到超度。这就是为什么婆罗门在社会等级制度中授予自己特权地位:“污染物质渗透了凡人的生存,在现世和漫长的上升轮回(samsara)中,需要婆罗门主持的仪式来予以控制和削减,这是获得解脱(moksha)的必要途径。”

    迦提制度源于业力(karma),即个人在现世所做的一切。职业的地位有高有低,取决于它们离污染源有多远——诸如血液、死亡、泥土、腐败的有机物。皮革匠、屠夫、理发匠、清扫夫、收生婆,以及处理动物尸体或死人的行业,被认为是最不洁净的。相比之下,婆罗门是最完美的,因为遇上血液、死亡、泥土时,他们可依赖他人的服务。这解释了婆罗门的素食主义,因为吃肉就好比吃尸体。

    社会升迁在现世是不可能的,但可以指望来世。业力只在代代相传时才有变更,因此,个人一生都陷于自己的业力。在迦提等级制度中,个人到底获得升级还是降级,则取决于自己是否履行了所属迦提的法(dharma),即良好行为的准则。未能遵守准则的,将在来世等级制度中降级,从而更加远离真正的存在。婆罗门教将神圣化赋予现有的社会秩序,履行现存迦提的法变成了宗教责任。

    瓦尔纳秩序发展自同样的形而上学前提。前三级瓦尔纳——婆罗门、刹帝利、吠舍——被认为是“两次投胎”,所以获得允许,进入仪式地位。包含大多数人口的首陀罗是“一次投胎”,只能希望在来世获得仪式地位。历史上不是很清楚,印度社会离开部落组织时,瓦尔纳和迦提的出现谁早谁晚。可能是宗族进化为迦提,它们在很多方面非常相似,都有精细的亲戚关系规则。但也有可能是先进化为瓦尔纳,再为随后出现的迦提设置架构。

    宗教信仰所造成的迦提制度,创造了颇不寻常的组合,既有分支式的隔离,同时又有社会中的相互依赖。每个迦提成为世袭地位,以调整现存的宗族系统。迦提设置了氏族的异姓通婚的外限,在众多分支式单位中,又倾向于成为自给自足的社区。另一方面,每种职业又是更大分工的一部分,所以需要相互依赖,从高级祭司到葬礼工。法国人类学家路易·杜蒙(Louis Dumont)引用布兰特(编按:E. A. H. Blunt,1877—1941,英属印度殖民地官员)的资料:

    理发匠联合抵制曾拒绝为他们婚礼跳舞的舞女。

    在格拉克珀(Gorakhpur),一名地主试图中断皮革匠的生意。他相信他们在毒死自己的牛群(经常有如此的怀疑),便命令他的租户将无缘无故死去的牛的皮革故意割碎。皮革匠奋起反抗,命令他们的女人停止收生婆的服务。地主只好让步。

    在艾哈迈达巴德(Ahmedabad,又译阿默达巴德,位于古吉拉特邦),一名正在重盖屋顶的钱庄老板与糖果店主发生争执,糖果店主说服瓦片制造商,拒绝为钱庄老板提供瓦片。

    这不单是经济上的相互依赖,因为每个执行自己功能的迦提,对其他迦提都具有仪式上的重要意义。

    思想及其政治后果

    瓦尔纳制度对政治有巨大影响,它要求武士的刹帝利服从婆罗门。根据哈罗德·古尔德(Harold Gould),“婆罗门和刹帝利之间……有共生的相互依赖。王室权力需要连续获得祭司(即仪式)权力所赋予的神圣化,以维持神圣的合法性”。每位统治者需要与宫廷祭司(purohita)建立私人关系,他作为世俗领袖所采取的每一次行动,都要得到宫廷祭司所赋予的神圣化。

    宗教权威和世俗权力在理论上的分离,何以在实践中对后者设限,初看上去不很清楚。婆罗门教的等级制度,没有像天主教那样组成正式的中央权威机构。它有点像巨大的社会网络,单独的婆罗门互相交流和合作,但并不行使制度化的权威。单独婆罗门拥有土地,但作为制度的祭司阶层,不像欧洲教会,却没有自己的领地和资源。婆罗门肯定不能像中世纪的教皇,召集统领自己的军队。教皇格里高利七世在 1076 年将神圣罗马帝国皇帝革出教门,并迫使后者赤脚来卡诺莎(Canossa)请求赦免,这在印度历史中绝对找不出可媲美的案例。世俗统治者需要宫廷祭司来祝福自己的政治计划,在收买后者一事上,好像总能如愿以偿。印度宗教和社会的制度等级分明,各有分支,但它们如何使政治集权难以实现,我们还需寻找其他原委。

    瓦尔纳和迦提的制度限制了军事组织的发展,这个影响很明显。武士的刹帝利是瓦尔纳制度四大阶层之一,自动限制了印度社会军事动员的潜力。像匈奴、匈人、蒙古人的武装游牧民族,之所以如此强大,原因之一就是可以动员几近 100% 的健壮男子。就必不可少的技能或组织而言,武装掠夺和游牧漂泊没有什么两样。仍是游牧民族时,印度—雅利安人曾经也很强大,但现已定居下来,建立了瓦尔纳社会。武士地位成为少数贵族精英的专业,如想加入,不但讲究训练和出身,还具有强烈的宗教意义。

    在实践中,该制度并没有始终限制他人的加入。很多印度统治者出生于刹帝利阶层,但也有不少来自婆罗门、吠舍、首陀罗。新统治者夺取政治权力后,倾向于在事后获得刹帝利地位。以这种方式成为刹帝利,比成为婆罗门更为容易。瓦尔纳四个阶层都参与战争,婆罗门中有级别很高的军事将领,首陀罗倾向于充当辅助部队。就从属关系而言,军队的等级制度就是社会等级制度的拷贝。不像秦国和其他后期东周列国,印度政治体从未能动员大部分的农民。考虑到仪式上对血液和尸体的厌恶,很难想象,受伤军人能从高贵战友手中获得很多救助。在采用新兴军事技术方面,如此保守的社会显然是迟疑不决的。他们在基督时代之后才放弃战车,比中国人晚了好多世纪;大象继续用于战争,尽管其效用早已被人怀疑。印度军队从没开发有效的射箭骑兵,以致惨败于公元前 4 世纪的希腊人和 12 世纪的穆斯林。

    从社会上层一直到底层,印度社会以迦提为基础形成众多紧密结合的小集团,其组织动力正是由婆罗门教提供的。这是限制政治权力的第二条途径。这些集团自我管理,不需要国家帮忙组织。事实上,它们抵抗国家的渗透和控制,政治学家乔尔·米格代尔(Joel Migdal)称之为软弱国家和强势社会。这种情形维持至今,种姓制度和村民组织仍是印度社会的支柱。

    19 世纪的西方评论家,包括卡尔·马克思和亨利·梅因,注意到印度社会自我组织的特征。马克思宣称国王拥有一切土地,但又指出,印度村庄在经济上偏向于自治,以一种原始共产主义为基础(这种解释有点自相矛盾)。梅因指的是自我调整、一成不变的村庄社区,这种看法在维多利亚的英国非常流行。19 世纪早期,英国行政官员把印度村庄当作能幸存于帝国毁灭的“小小共和国”。

    20 世纪的印度民族主义者,部分原因是依据上述解释,想象出一幅本土村庄民主的田园画像,即潘查亚特制度(panchayat)。他们声称,这是印度政治秩序的源头,直到被英国殖民者破坏。现代印度宪法的第 40 条,详细解释了复原的潘查亚特机构,旨在促进地方民主,曾在 1989 年获得拉吉夫·甘地政府的特别关注。其时,政府正试图在印度联邦制中推动权力分散。但印度早期的地方统治,不像后来评论家和民族主义者所宣称的,实际上不是民主和世俗的,而是基于迦提或种姓制度的。每座村庄倾向于有个强势种姓,也就是说,其人数和拥有的土地都超过其他种姓,而潘查亚特制度仅仅是该强势种姓的传统领导组织。

    单独村庄自有地方的统治机构,不需要国家从外部提供服务。潘查亚特制度的重要功能之一是司法,它依据惯例来裁决迦提成员之间的争论。村庄中的产权不是共有的,这有悖于马克思的想象。像其他分支世系社会,财产为复杂的亲戚团体所拥有,单独家庭在处理土地时要面临很多责任和限制。这意味着,国王虽是名义上的主权君主,却没有真正“拥有”村庄土地。我们将在后续章节看到,在征税和征地时,印度政治统治者的权力往往非常有限。

    商业活动也依据迦提,宛如不需外界支持的自控公司。从 9 世纪到 14 世纪,印度南部的贸易大多由像阿育尔(Ayyvole)那样的商人行会控制。它们派出的代表满布次大陆,与印度之外的阿拉伯人商人打交道。古吉拉特邦的商人,不管是穆斯林还是印度教徒,长期控制印度洋、东非、阿拉伯半岛南部、东南亚的贸易。艾哈迈达巴德商人组成全市大公司,吸引所有主要职业团体的成员。在中国,贸易网络只靠宗族,不像印度同行那样组织良好。中国宗族的司法权,往往局限于家法、遗产和其他家庭琐事(尤其在强大政府时期)。印度的迦提除了地方社会的行政管理,还发挥公开的政治功能。根据萨提希·萨贝瓦尔(Satish Saberwal),“迦提提供了社会动员的各式场合:进攻性的,则争取掌控权和统治权……防御性的,则抵制国家和帝国入侵迦提领域……破坏性的,则任职于更大政治体,运用其权力和高位来谋取私人利益”。迦提还为成员提供地理和社会上的升迁。例如,泰米尔(Tamil)纺织种姓的凯寇拉(Kaikolar),在朱罗王朝(Chola)时期改行,变成商人和军人;19 世纪后期,锡克人的木匠和铁匠离开家乡的旁遮普,迁往阿萨姆邦(印度的 Assam)和肯尼亚(非洲的 Kenya)。这些决定由众多家庭集体作出,以便在新环境中相互依赖、相互支持。在印度北部,拉杰普特(Rajput)迦提在扩充地域方面尤为成功,得以控制大片土地。

    限制政治权力的第三条途径是婆罗门教社会制度对文化的控制,这一习俗延续至今,使大批印度人陷于贫穷和绝望。现代印度处于某种吊诡状态。一方面有大量印度人接受良好教育,攀登众多领域的世界顶峰,从信息技术、医药、娱乐到经济。境外印度人始终享受较多的社会升迁机会,这一事实多年前便引起小说家奈保尔爵士(V.S. Naipaul)的注意。经济改革在 20 世纪 80 年代晚期和 90 年代出现,境内印度人也开始兴旺起来。另一方面,接受良好教育的居民仍是少数,国内文盲和贫穷的程度高得惊人。快速增长的城市,如班加罗尔(Bangalore)和海得拉巴(Hyderabad),其郊外是广阔的乡村内地,那里的人类发展指数在世界上竟名列底层。

    这些差距的历史根源最终还归罪于瓦尔纳和迦提的制度。作为仪式监护人,婆罗门当然掌控学习和知识。一直到公元前第一个千年末期,他们坚决反对把最重要的“吠陀本集”付诸文字。根据萨贝瓦尔,“为仪式上的使用而默记圣歌——既为自己,又为主顾——是婆罗门最独特的学习方式。仪式上和学习过程中的高效,并不要求弄懂所背诵的东西……很多婆罗门献身于浩瀚的默记、逻辑分析、辩论”。为达到所需求的仪式效果,精确默记“吠陀本集”是必须的。据说,朗诵中的小错将导致灾难。

    也许并非偶然,婆罗门坚持口头传诵“吠陀本集”,设置加入婆罗门的额外障碍,更加强自己的至高无上。犹太人、基督徒、穆斯林,从他们宗教传统的一开始就是“圣书上的民族”,婆罗门却顽强抵抗文字和有关的书写技术。5 世纪和 7 世纪,中国取经人来印度寻求佛教传统的文献,竟找不到书面文本。中国人和欧洲人改用羊皮纸之后很久,印度人仍在使用棕榈树叶和树皮。讨厌耐用的羊皮纸有宗教起源,因为它来自动物的皮肤。11 世纪造纸技术来到时,婆罗门仍然迟迟不用。在马哈拉施特拉(Maharashtra)的乡村,日常行政管理中的纸张使用一直要等到 17 世纪中期。一出现,它们就大大改善了记账和监管的效率。

    公元 1000 年之后,书写才变得普遍,自婆罗门扩散到印度社会其他群体。商人开始制作商业记录,迦提开始记载家庭谱系。在喀拉拉邦(Kerala),“王家和贵族血统”的那雅人开始学习书面梵语,该邦的统治阶级开始制作大量政治和商业的记录。(20 世纪晚期,当地共产党政府治理的喀拉拉邦成为印度治绩最佳的邦之一。有人怀疑,这样的治绩是否植根于数世纪前的文化传统。)

    与中国相比,婆罗门垄断知识,抵制书写,严重影响了现代国家的发展。从商朝以来,中国统治者一直使用文字传递命令、记录法律、保管账目、书写详尽的政治历史。在中国,对官僚的教育集中于识字、攻读漫长复杂的文学传统;对行政官员的训练,依现代标准看仍属有限,但仍涉及反复分析书本、以史为鉴。汉朝以来,科举制度获得采用,政府用人基于对文学技能的掌握,并不局限于特定阶层。虽然在实际情形中,普通老百姓登上政府高位的机遇非常有限,但中国人都知道,教育是社会升迁的重要途径。所以,宗族和地方社区在儿子的教育上全力以赴,充分利用科举制度。

    如此情形在印度是不存在的。统治者自己是文盲,依靠同样无知的家族官员来维持治理。文化是婆罗门阶层的特权,他们维持对知识和仪式的垄断来保障自身利益。跟军队的情形一样,瓦尔纳和迦提的等级制度阻止了大多数人获得教育和文化,从而减少了可为国家所用的称职人才。

    在印度发展历史中,宗教影响政治权力的最后途径是建立了所谓法治的基础。法治的本质是一组反映社会正义感的规则,比国王的意愿更为崇高。这就是印度的情形,各种法典中的法律不是国王创建的,而是婆罗门依据仪式知识所制定的。这些法律讲得很清楚,瓦尔纳不是为国王服务的,更确切地说,国王只有变成瓦尔纳的保护人,方可获得合法性。如果国王触犯了神圣法律,史诗《摩诃婆罗多》公开认可反抗,宣称此人已不再是国王,而是一条疯狗。在《摩奴法典》中,主权在法律,而不在国王:“在本质上,法律(danda)即是国王,享有权力,维持秩序,发挥领导作用。”(《摩奴法典》第 7 章第 17 节)

    不少古典文献叙述有关梵那(Vena)国王的警世故事,他禁止除了给自己的所有其他祭品,还推行种姓之间的通婚。结果,神圣的众神向他发起攻击,以奇迹般化成矛的青草叶,将他杀死。很多印度朝代,包括难陀王朝(Nanda)、孔雀王朝、巽伽王朝(Sunga),都因婆罗门的阴谋而变弱。当然,就像中世纪的天主教,很难弄清婆罗门是在捍卫神圣法律,还是在保护自己利益。像欧洲而非中国,印度的权威是分裂的,对政治权力造成了颇具意义的制衡。 印度的社会制度源于宗教,大大限制了国家的集权能力。统治者不能动员大批人口以建立强大军队;不能渗透存在于每座村庄的自治且严密组织的迦提;自己和部下缺乏教育和文化;还要面对维护规范化秩序的严密的祭司阶层;自己在这一秩序中仅扮演从属角色。就上述的方方面面而言,印度统治者的处境非常不同于中国。

    第 12 章 印度政体的弱点

    孔雀王朝何以成为印度第一个且最成功的本土统治者;孔雀王朝治下的国家性质;阿育王的性格;式微、分裂、笈多王朝的复兴;印度为何被外国所征服

    一开始,印度的社会发展就压倒政治和经济的发展。次大陆获得一种以宗教信仰和社会实践为特征的共同文化,在尝试取得政治统一之前,就被标为与众不同的文明。统一过程中,社会力量足以抵制政治权力,阻止后者对社会的改造。中国发展了强大国家,其社会因此而处于孱弱地位,并自我延续。印度有个强大社会,先发制人,反而阻止了强大国家的兴起。

    公元前第一个千年初的印度次大陆,成千上万的小国和酋邦,自部落社会脱颖而出。其中三个王国——迦尸(Kashi)、拘萨罗(Kosala)、摩揭陀——和酋邦(或伽那—僧伽)的弗栗恃(Vrijji),成为印度河—恒河平原上的逐鹿者。摩揭陀(其核心地区在现代的比哈尔邦[Bihar])注定要扮演秦国角色,统一印度次大陆的大部。公元前 6 世纪的下半世纪,频毗娑罗王(Bimbisara)登基,凭借一系列战略性的婚姻和征服,使摩揭陀成为印度东部的主要国家。摩揭陀开始征收土地税和收成税,以代替国家形成之前低级血统的自愿进贡,由此而招聘征税人员。税率据说是农业产品的六分之一,如果属实,这在早期农业社会是相当高的。国王并不拥有国内所有土地,只享有荒地,其时人口稀少,应该是相当广袤的。

    儿子阿阇世王(Ajatashatru)谋杀频毗娑罗,兼并西部的拘萨罗和迦尸,并与弗栗恃展开持久斗争。后来,他在伽那—僧伽领袖中挑拨离间,终获大胜。他死于公元前 461 年,其时,摩揭陀已迁都至华氏城(Pataliputra),控制了恒河三角洲和恒河下游的大部。统治权传给一系列国王,包括出身首陀罗的短命的难陀王朝(Nanda)。亚历山大大帝曾遭遇难陀军队,由于军队哗变,而不得不转向旁遮普。希腊的资料称,难陀军队有两万骑兵、二十万步兵、一千辆战车、三千头大象。这些数字肯定是夸大的,以证明希腊人的退却是正确战略。

    继承难陀王朝的是旃陀罗笈多·孔雀(Chandragupta Maurya,又称月护王)。他极力扩充领土,在公元前 321 年建立了印度次大陆第一个本土政治体——孔雀帝国。他是婆罗门学者兼大臣考底利耶(Kautilya)的门生,后者的《政事论》(Arthasastra)被视作是印度经世王道的经典论文。月护王率军攻击亚历山大大帝的继承者塞琉古一世(Seleucus Nicator),征服西北部,并将旁遮普、阿富汗东部、俾路支地区并入孔雀王朝的版图。至此,他的帝国西到波斯,东到阿萨姆邦。

    对印度南方达罗毗荼人的征服,则留给了月护王的儿子宾头娑罗(Bindusara)和孙子阿育王(Ashoka)。宾头娑罗将帝国扩展到南方德干高原的卡纳塔克(Karnataka)。经过一场众所周知的持久的血腥征战,阿育王在公元前 260 年占领东南部的羯陵伽(Kalinga)(包含现代奥里萨邦[Orissa]和部分安得拉邦[Andhra Pradesh])。其时,印度缺乏文学文化,阿育王的功绩从未见于史书,像中国的《尚书》和《春秋》。后代印度人一直要等到 1915 年,方才把他视作伟大的国王;其时,大批法令岩石的古文字获得译解,考古学家终于拼搭出他治下的帝国疆域。

    孔雀王朝历经三代而建起的帝国,占据了喜马拉雅山脉以南的整个印度北方,西至波斯,东至阿萨姆,南至卡纳塔克。印度次大陆上,唯一没被统一的是南方边缘地带,分别是现代的喀拉拉邦、泰米尔纳德邦(Tamil Nadu)、斯里兰卡。没有单独的印度本土政权再一次统治这么辽阔的领土。莫卧儿帝国所征服的德里苏丹国要小得多,英国人在次大陆的帝国更大,但不得不问:说阿育王、阿克巴(Akhbar)、英国总督统治印度,这到底意味着什么?

    孔雀帝国:何等国家?

    历史学家在古印度国家的性质上争论不休。如果从比较眼光看,特别是对照阿育王的印度和秦始皇的中国,我们也许能看得更加清楚。这两个帝国几乎在同时形成(公元前 3 世纪的中到晚期),但它们政体的性质可说相差十万八千里。

    两个帝国都环绕一个核心而组成,分别为摩揭陀国和秦国。秦国是个真正的国家,具有马克斯·韦伯所界定的现代国家政府的许多特征。管理国家的世族精英,大多已在数世纪的战争中战死,取而代之的是日益凭借非人格化基础而获选的新人。秦国废除井田制,推翻传统的产权,以统一的郡县制取代世族封地。它最终打败对手,建立大一统帝国,便将这中央集权政府推向全中国。推广至被征服国家的,还有郡县制、统一度量衡、统一文字。我们已在第 8 章看到,秦朝君主的社会工程最终还是归于失败,因为在某种程度上,家族统治在西汉卷土重来。但汉朝统治者坚持中央集权,逐渐取消剩余的封地。它所建立的不算帝国,而是统一的中央国家。

    阿育王的帝国

    此类事项在孔雀帝国发生得很少,核心国的摩揭陀好像没有任何现代特征。与秦国相比,我们对其行政管理的性质了解得实在太少。政府用人完全是家族式的,受种姓制度的严格限制。考底利耶在《政事论》中讲明,高级官位的主要资格应是高尚出身,其“父亲和爷爷”必须是大臣(amatya)或更高,他们几乎全是婆罗门。官僚的薪俸非常悬殊,最低与最高之间的比率是 1∶4,800。没有证据显示,官府用人是选贤与能的,或前三级瓦尔纳之外的人也可申请公职。这些事实曾得到希腊旅行家麦加斯梯尼(Megasthenes)的确认。将摩揭陀推上战胜国地位的战争没有那么持久和残忍,不像秦国所经历的那样。旧精英得以留存,摩揭陀的处境从没恶化到非要动员男子总人口的地步。据我们所知,孔雀王朝没有统一度量衡,也没有在管辖地区统一语言。事实上,迟至公元 16 世纪,印度国家仍在努力推行统一标准,其最终实行是在英国治下,距孔雀王朝已将近整整两千年。

    通过联姻和征服获得的地区,其与摩揭陀的关系也大大不同于中国。秦国灭绝他国,往往是消灭或放逐整个统治宗族,并鲸吞其领土。东周时期,中国精英宗族的数量大幅下降。孔雀帝国的建立则较为温和,涉及大量伤亡和焦土战术的唯一战役是对羯陵伽的攻占,给战胜者阿育王带来很大震撼。其他情形中,现有统治者吃了败仗后,便接受孔雀帝国在名义上的主权。《政事论》建议,孱弱的国王最好屈服,自愿向强大邻国进贡。没有出现中国或欧洲式的“封建主义”,即剥夺现有统治者,把领土赏赐给王室成员或侍从。印度历史学家有时谈到属臣国(vassal),但它没有欧洲属臣的契约意义。说孔雀王朝重新分配权力是不准确的,因为它一开始就没有中央集权。孔雀王朝也没有设法将其国家制度,自核心国推向帝国其他地方。地方政府完全是家族的,没有试图建立永久且专业的行政制度。这意味着,每位新国王带来新的忠诚侍从,替换现有的行政官员。

    孔雀帝国在它管辖区域内,仅行使松弛的统治;它称霸的整段时期,部落联盟或酋邦(伽那—僧伽)始终存活,就是明证。与等级分明的王国相比,伽那—僧伽的政治决策涉及较多的参与和共识,但它仍是基于亲戚关系的幸存的部落政体。印度历史学家有时称之为“共和国”,这只是在为它涂上现代光彩。

    考底利耶在《政事论》中详尽讨论了财政政策和征税,只是不清楚他的建议究竟有多少被付诸实践。与“东方专制主义”的信徒相悖,国王并不“拥有”全部土地。他有自己地盘,另外宣称掌控荒地、森林等,但通常不向现存产权提出挑战。不过,国家坚持向各式地主征税的权利,缴税可依据个人、土地、收成、村庄、边界的小统治者,基本上以实物或劳役的形式。似乎没有一名印度统治者尝试大型变革,像商鞅的废除井田制,或王莽雄心勃勃但一败涂地的土地改革。

    阿育王死于公元前 232 年,他的帝国旋即衰落。西北部落到了大夏国(Bactrian Greek)手中,部落的伽那—僧伽在西部的旁遮普和拉贾斯坦(Rajasthan)重又兴起,南方的羯陵伽、卡纳塔克和其他领土纷纷脱离,返回独立王国的地位。孔雀王朝重又回到中央恒河平原的摩揭陀王国,其末代国王波罗诃德罗陀(Brihadratha)于公元前 185 年遇害。还要等五百多年,笈多王朝(Gupta)方才崛起,再次统一印度,其规模可与孔雀帝国媲美。次大陆的孔雀帝国仅维持一代,它的王朝持续一百三十五年。孔雀王朝的终止导致帝国分崩离析,分割成数百个政治体,很多尚处于国家之前的层次。

    孔雀帝国的统治如此短暂,至少从外表上看,它对下辖区域从没实施强有力的控制。事实上,这不是牵强附会。孔雀王朝从没建立强大的国家制度,也从没自家族政府过渡到非人格化政府。它在整个帝国维持广泛的间谍网,但没有证据显示,它像中国一样建造道路或运河,以促进交通。很不寻常,除了首都华氏城,孔雀王朝没在任何地方留下有关它强盛国力的纪念物。后代没把阿育王当作帝国创建者,这也许是原因之一。

    孔雀王朝的统治者从没想到国家建设,也就是说,没有尝试以一套新颖的共同规范和价值穿透整个社会。孔雀王朝没有真正的主权概念,即在全国范围实施非人格化统治的权利。次大陆没有统一的印度刑法,直到英国统治下诗人兼政治家托马斯·巴宾顿·麦考莱(Thomas Babington McCaulay)第一次引入。国王没有从事大规模的社会工程,反而保护现存的各式社会秩序。

    印度从没开发出像中国法家一样的思想,即政治目标就是赤裸裸地集权。《政事论》之类的论述,可向马基雅维利式(Machiavellian)的君主提供建议,但只针对价值观和社会结构,与政治无关。此外,婆罗门教的精神孵育了非军事思想。非暴力主义(ahimsa)可在“吠陀本集”中找到根源,认为杀生对业力造成负面影响。它的有些文本批评吃肉和动物祭品,但另一些却予以批准。如我们所知,像佛教和耆那教的抗议宗教,非暴力更是中心思想。

    孔雀王朝第一位国王旃陀罗笈多最后皈依耆那教,为了遂愿当一名苦行者,而自动让位给儿子宾头娑罗。他与一批僧侣搬到印度南方,据说,最后以耆那教的方式慢慢饿死。他的孙子阿育王起初是正统的印度教徒,在生命后期皈依佛教。羯陵伽征战中的伤亡激起阿育王深深的悔恨,据传十五万羯陵伽人被杀或受逐。根据他的岩石赦令(Rock Edicts),“羯陵伽已被兼并,此后,陛下便开始了对宗教法律的热诚追求”。他还宣布,“曾遭杀戮和俘虏的羯陵伽人,其百分之一或千分之一,如在今天遭受同样厄运,也会是陛下的遗憾。此外,如果有人冒犯他,只要还可以忍受,陛下也必须忍耐”。阿育王继续敦促仍在帝国边境的外人,“不用怕他,应信任他,应从他那里获得幸福,而不是悲伤”。他还呼吁他的儿子和孙子避免进一步征战。帝国扩展由此戛然而止。不管阿育王后裔究竟是遵从他的意愿,还是本身就不中用,反正他们治下的帝国冰消瓦解。有人会问,如果印度开发了像中国法家一样的权力原则,而不是婆罗门教、耆那教、佛教,阿育王的帝国会变成怎样——如果真是这样,它就不是印度了。

    社会战胜政治

    孔雀帝国崩溃后,印度经历了政治衰败,尤其是在北方,部落政体在西部的拉贾斯坦和旁遮普再次出现。该地区又受到来自中亚部落的侵略者的骚扰,部分原因是中华帝国的政治发展太具优势。秦朝开始建设长城以御外人,迫使游牧的匈奴返回中亚,取代当地一系列部落。这一连锁反应又导致斯基台人(Scythians,即塞克人[Shakas])对印度北部的侵犯,紧跟在后的是月氏,它在现为阿富汗的地方建起贵霜帝国(Kushana)。印度北方的王国中,没有一个组织良好,可以考虑像长城那样的浩大工程。所以,部分印度北方平原为这些部落所占。

    在遥远的南方,地方上的酋邦发展成王国,例如公元前 1 世纪统治西部的等乘王朝(Satavahana)。但这个政治体持续不长,没有发展出强大的中央机构,尚比不上孔雀王朝。为了控制德干北部,它与其他小王国发生冲突。此外,小王国之间也在争斗,如注辇国(Cholas)、潘地亚国(Pandyas)、萨提亚普特拉国(Satiyaputras)。这段历史相当复杂,难以融入政治发展的大叙述,也就缺乏启发功能,从中呈现出来的只是普遍的政治衰败。南方国家经常无法发挥最基本的政府功能,例如征税,因为其治下的社区既强大,又组织严密。没有一国得以在永久基础上扩展疆域,实现霸权,也没开发更为复杂的行政机构,以实施更为有效的统治。这个地区的政治分裂状态还要持续一千多年。

    在印度第二次成功创建大型帝国的是笈多王朝(Guptas),始于旃陀罗笈多一世(Chandra Gupta I)。公元 320 年,他在摩揭陀国当政,其权力基础与孔雀王朝相同。他和儿子沙摩陀罗笈多(Samudra Gupta),再次统一印度北方的大部。沙摩陀罗笈多在拉贾斯坦和印度西北部其他地区,兼并了众多伽那—僧伽,这种政治机构因此而寿终正寝。他还征服克什米尔,逼迫贵霜帝国和塞克国进贡。在他儿子旃陀罗笈多二世(375—415)的治下,文化生活变得繁荣,建了不少印度教、佛教、耆那教的庙宇。笈多王朝再持续两代,直到塞建陀笈多国王(Skanda Gupta)死于 5 世纪的下半叶。其时,西北部的酋邦变得衰弱,中亚新兴的游牧部落匈人(Huns 或 Huna)趁虚而入。笈多帝国在这场战争中耗尽自身,在 515 年将克什米尔、旁遮普、恒河平原的大部都输给匈人。

    姑且不论它的文化成就,笈多王朝没在国家制度方面作出任何革新,也没有试图把征服的政治体整合成统一的行政机构。被打败的统治者,以典型的印度方式留下来继续执政,只是以后需要上缴贡品。笈多王朝的官僚,甚至比孔雀王朝的前任更为分散,能力更差。它征收农业收成税,拥有关键的生产资料,像盐场和矿山,但没有干预现存的社会安排。笈多帝国的疆土更小,因为没能统一印度南方。它持续了将近两百年,最后分裂为相互竞争的众多小国,从而进入政治衰败的新时期。

    外国人的国家建设

    10 世纪后,印度的政治历史不再是本土发展史,而是一连串外国入侵史,先是穆斯林,后是英国人。从今以后,政治发展成为外国人如何将自己制度移植到印度土壤。他们仅取得部分成功。每个外国入侵者必须对付这同一的“小王国”社会,四分五裂,却又组织紧密;它们不团结,所以很容易征服;它们屈服后,又很难统治。外国入侵者留下了一层层新制度和新价值,在某些方面是移风易俗的,但在另外很多方面,又没触碰内在社会秩序的一根毫毛。

    10 世纪末之后,一系列突厥—阿富汗的穆斯林侵入印度北方。伊斯兰教在 7 世纪涌现后,阿拉伯人和突厥人,先后从部落过渡到国家层次,在很多方面开发了比印度本土政体更为精细的政治制度。其中最重要的是军事奴隶制和外国人充任行政官的制度(将在后续章节中讨论),允许阿拉伯人和突厥人超越亲戚关系,实施选贤与能的用人制度。一批批穆斯林入侵者来自阿富汗,最为著名的是拉杰普特人部队(Rajputs)。印度国家的军队竭力抵抗,但实在太薄弱、太分散。13 世纪早期,马穆鲁克(Mamluk)朝代的顾特布-乌德-丁·艾贝克(Qutb-ud-din Aybak)得以建立德里苏丹国。

    德里苏丹国维持三百二十年,长过任何一个本土印度帝国。虽然穆斯林建立持久的政治秩序,但其国家权力有限,仍不能改造印度社会。跟笈多王朝一样,它也没能向印度南方推进太多。用苏迪普塔·卡维拉吉(Sudipta Kaviraj)的话说,“伊斯兰政治统治者,在社会习俗方面,含蓄地接受了对自己权力的限制,这与印度本土统治者非常相像……伊斯兰国家知道自己像其他印度国家,既有局限,又游离于社会之外”。今天,穆斯林统治的遗产体现在巴基斯坦和孟加拉两个国家,还有印度一亿五千多万的穆斯林公民。就幸存的制度而言,穆斯林的政治遗产不是很大,除了像查明达利(zamindari)土地所有制之类的实践。

    英国统治则不同,其影响既持久又深远。在很多方面,现代印度是外国人建国计划的产物。卡维拉吉认为,与印度民族主义者的叙述相悖,“英国人没有征服一个既存的印度。更确切地说,他们只是征服了一系列独立王国。在他们的统治时期,这些独立王国又聚合成政治层次的印度,也算是对英国统治的答复”。这呼应了苏尼尔·基尔纳尼(Sunil Khilnani)的见解,与社会层次相对,政治层次的“印度”在英国统治之前是不存在的。将印度凝成政治体的重要制度,如行政机构、军队、共同的行政语言(英语)、实施统一和非人格化的法律制度、民主本身,既是印度人与英国殖民政府互动之后的成果,又是西方思想和价值融入印度历史经验之后的产物。

    另一方面,就社会层次的印度而言,英国的影响又很有限。英国人修改了他们发现的可恶社会习俗,例如自焚殉夫(Sati),引进了人人平等的西方观念,促使印度人反思种姓制度的哲学前提,鼓励对社会平等的追求。自由主义和民族主义的印度精英,在 20 世纪争取独立的斗争中,以子之矛,攻子之盾。但种姓制度本身、自给自足的村庄社区、高度地方化的社会秩序,基本上完整无缺,远离殖民政府的权力。

    中国和印度

    21 世纪初,中国和印度作为快速增长的新兴市场国家,其前景引起极大的讨论。讨论的大部分围绕它们各自政治制度的性质。作为威权国家,中国在推动大型基建工程方面比印度更为成功,像高速公路、机场、发电厂、大型水电项目。它的三峡大坝需要在漫水区迁走百万以上的居民。中国的人均储水量是印度的五倍,主要依靠大坝和灌溉工程。中国政府一旦决定拆除街区,以建设工厂或公寓大厦,可以直接要求居民搬走。后者几乎没有途径保护自身权利或表述愿望。另一方面,印度是个多元的民主政体,各式社会团体都能组织起来,利用政治制度来达到自身的目标。印度的市或邦政府想建造新发电厂或新机场,很可能遭到反对,从环保非政府组织到传统的种姓协会。很多人认为,这会使决策程序瘫痪,经济增长的远景因此而变得暗淡。

    这类比较都有问题,因为他们没有考虑到,各自的政治制度均植根于自己的社会结构和历史。例如,很多人相信当代印度民主只是历史发展的副产品,而这历史发展又是相对近代的,甚至是出乎意料的。有些民主理论认为,印度自 1947 年独立以来一直维持成功的民主,这使很多人感到惊奇。印度丝毫不符合稳定民主“结构上”的前提:它过去非常贫困,从某种角度看,现在依然如此;在宗教、种族、语言、阶级等方面,它又是高度分裂的;它在公众暴力的狂乱中诞生,随着不同小团体的相互争斗,公众暴力又会定期重现。根据这个见解,在印度高度不平等的文化中,民主只是文化舶来品,由殖民政权输入,并不深植于国家传统。

    这是对当代印度政治相当肤浅的见解。这倒不是说,现代制度所表现出的民主深深植根于古代印度实践,如阿马蒂亚·森等评论家所提示的。而是说,印度政治发展的历程显示,它从来没有为暴政国家的发展提供社会基础,以便其有效集中权力来渗透社会和改造基本社会制度。在中国或俄罗斯出现的专制政府,即剥夺全社会(包括精英阶层)财产和私人权利的制度,从没存在于印度大地——不管是印度本土政府,还是蒙古人和英国人的外来政府。因此而引发了如下的吊诡事态:印度有很多对社会不公的抗议,但不像欧洲和中国,大体上从不针对印度的执政当局。更确切地说,它们只是针对婆罗门所控制的社会秩序,经常表现为异端的宗教运动,像耆那教或佛教,以否定现世秩序的形而上学基础。政治当局被认为离日常生活太遥远,也就太不相干了。

    中国情形则不同。那里,拥有现代制度的强大国家早已产生,可刻意追求对现有社会秩序的广泛干预,并在塑造国家的文化和身份上取得成功。当新的社会组合出现并提出挑战时,国家的早期独尊给自己带来优势。今天,由于经济发展和融入世界全球化,有迹象显示,中国公民社会正在渐渐成形,但中国的社会参与者始终比印度的更为薄弱,更加不能抵抗国家。公元前 3 世纪,秦始皇和阿育王正在建造各自的帝国,这一比照在当时很明显,在今天依然真实。

    中国早熟出世的强大国家,始终能够完成印度所做不到的任务,从建造阻挡游牧入侵者的长城,到兴建 21 世纪的大型水电工程。从长远看,中国人是否因此而得益,那是另外一个故事。中国强大的国家从来不受法治的约束,也就无法遏制其统治者的异想天开。它可睹的成绩,都以普通中国人的生命和生活作为代价,而老百姓基本上无力(过去和现在)来抵制国家的征召。

    印度人也身历专横,不是中国特色的政治专横,而是我前文提出的“表亲的专横”。在印度,个人自由受到诸多限制,如亲戚关系、种姓制度、宗教义务、风俗习惯。在某种意义上,印度的表亲专横允许他们对抗暴君的专横,社会层次的强大组织平衡和抑制了国家层次的强大机构。

    中国和印度的经验表明,强大国家和强大社会同时出现,随着时间的流逝,而互相平衡,互相抵消,这样才会有较好形式的自由。这个主题,我以后还会回顾。但此时,我将考察浮现于穆斯林世界的国家及其独特制度,它们允许阿拉伯和土耳其的政体走出部落制。

    第 13 章 军事奴隶制与穆斯林走出部落制

    奥斯曼帝国的军事奴隶制;部落制是阿拉伯政治发展的主要障碍;军事奴隶制最早兴起于阿拔斯王朝;部落成员长于征服,却短于管理;柏拉图应付家族制的对策

    16 世纪早期,奥斯曼帝国正处权力的巅峰,大约每隔四年就会看到一次非同寻常的征召。1453 年,拜占庭首都君士坦丁堡(Constantinople)落到土耳其手中。1526 年,奥斯曼帝国军队在莫哈奇(Mohács)战役中征服匈牙利;到 1529 年,才受挫于维也纳城门。在帝国的巴尔干半岛省份,官员分头寻找十二至二十岁的年轻男子,这便是德米舍梅征募制(devshirme),或基督徒壮丁征募制。这些官员像寻找足球明星的探子,在评判年轻人潜在体力和智力方面经验丰富,要完成首都伊斯坦布尔(Istanbul)规定的配额。官员访问村庄时,基督教士被要求提供所有获洗礼男童的名单,适龄的被带来供官员检验。多数富有潜力的男孩被强行从父母身边带走,编成一百至一百五十人的小组。他们的名字仔细登记在两本花名册中,一本是在家乡获选时,另一本是在抵达伊斯坦布尔时,互相对照,以防止父母把孩子赎回。如果儿子们长得特别强壮,父母身边可能一个也留不住。官员带着俘虏一起返回伊斯坦布尔,家人将永远见不到自己孩子。那段时期,这样带走的孩子估计为每年三千。

    他们不是注定在卑微和耻辱中度过一生。恰恰相反,最优秀的 10% 会在伊斯坦布尔和埃迪尔内(Edirne)的宫殿中长大,受伊斯兰教世界中最好的培训,为充任帝国高级官员而作准备。其余的则被抚养成说土耳其语的穆斯林,加入著名的土耳其禁卫军。这是精英的步兵部队,陪伴苏丹左右,在欧洲和亚洲南征北战。

    服务于宫殿的精英男孩,在宦官的监督下接受两至八年的训练。最为杰出的,再被派去托普卡帕宫(Topkapi),以获取进一步的调教,那是苏丹在伊斯坦布尔的居所。他们在那里攻读《古兰经》,学阿拉伯语、波斯语、土耳其语、音乐、书法、数学,还参与严格的体育锻炼,以及学习马术、剑术和其他武器,甚至要涉猎绘画和书籍装订。那些进不了宫殿的,则在皇家骑士队(sipahis of the Porte)中担任高级职位。如果年轻的奴隶军人证明是强壮能干的,可逐步升级为将军、维齐尔(vizier,大臣)、外省总督,甚至是苏丹治下最高级的大维齐尔(grand vizier),即政府首相。在苏丹皇家军队服完役之后,很多军人会被安置在指定的庄园,靠居民的缴税而安享晚年。

    另有一个平行的女奴制度,不属于军事奴隶制度。这些女孩是在奴隶市场从巴尔干半岛和南俄罗斯的掠夺者手中买来的。她们将担任奥斯曼帝国高级官员的妻妾,像男孩一样,也被养在宫殿,高度制度化的规则督导她们的成长和教育。很多苏丹是奴隶母亲的儿子,像其他君主的母亲,她们也可通过儿子施展重要影响。

    但这些奴隶必须面对一个重要禁忌。他们的职位和庄园不算私人财产,既不可出售,也不能传予子女。事实上,这些军人中的多数被迫终生保持单身。也有人与来自基督教省份的女奴组织家庭,但孩子不能继承父亲的地位或职位。不管如何有权有势,他们永远是苏丹的奴隶。苏丹稍有不满,就可对他们罚以降级或砍头。

    奥斯曼帝国的军事奴隶制度是非常奇特的。没有一名穆斯林可成为合法的奴隶,所以,也就没有帝国的穆斯林居民追求政府高位。像中国一样,文武官员都是量才录用,以固定的程序招聘和提拔最能干的军人和文官。但又不像中国,这个招聘和提拔只对外国人开放,他们在种族上不同于自己所治理的社会各阶层。这些奴隶的军人和官僚在泡沫中长大,与主人和同僚建立亲密纽带,但与自己所治理的社会却格格不入。像在封闭阶层工作的许多人一样,他们发展了高度的内部团结,成为一个凝聚的团体。在帝国的晚期,他们变成了王者之王,擅自决定苏丹的废黜和任命。

    不出意料,面临此种征召的基督教欧洲人,包括那些住得遥远只是听说此事的人,都心怀恐惧。等级分明的奴隶在治理一个强盛的帝国,这一图像在基督教西方的眼中,成了东方专制主义的象征。到了 19 世纪,奥斯曼帝国已趋式微。不少评论家认为,土耳其禁卫军是怪诞且过时的制度,在阻挡土耳其帝国的现代化。禁卫军在 1807 年罢免塞利姆三世(Selim Ⅲ),在下一年拥戴马哈茂德二世(Mahmud Ⅱ)登基。后者在后续年份中巩固自己的地位,在 1826 年放火焚烧禁卫军兵营,害死大约四千人。扫除了挡道的禁卫军,奥斯曼帝国统治者现在可以推动改革,照现代欧洲的模式重建一支军队。

    显而易见,把孩子从父母身边抢走,使之成为改信伊斯兰教的奴隶,这种制度非常残酷,与现代民主价值格格不入,即使这些奴隶享有特权。穆斯林世界之外,没有看到可以媲美的相似制度,丹尼尔·派普斯(Daniel Pipes)等评论家认为,它的创建最终归于伊斯兰教深处的宗教原因。

    但进一步观察后发现,穆斯林的军事奴隶制并不从宗教原则进化而来,仅仅是强大部落社会中建国的对策。它发明于阿拉伯的阿拔斯王朝,其统治者发现,不能依赖部落组织的军队来维持帝国。阿拉伯部落的征召和扩军很快,以取得速胜。统一后,他们凭借伊斯兰教的激励,又成功占领中东的大部和地中海世界的南部。如我们所知,中国、印度、欧洲的部落层次制度,因不能完成持续的集体行动,而被国家层次的制度所取代。部落社会高度平等,以共识为基础,不轻易服从,倾向于发生内讧和分裂,很难长期守卫领土。

    为了创建国家层次的强大制度,军事奴隶制在世界最强大部落社会之一应运而生,成为一个精彩的适应。它作为集中和巩固国家权力的措施,极为成功,哲学家伊本·赫勒敦(Ibn Khaldun)认为,它挽救了伊斯兰教,使之成为世界主要宗教之一。

    创建穆斯林国家

    先知穆罕默德诞生于阿拉伯半岛西部的古莱什部落,其时,该地不属于任何国家。如第 5 章所提及的,他运用社会契约、实力、超凡魅力的组合,首先统一了争吵不休的麦地那部落,然后是麦加和周边城镇的部落,从而建成了国家层次的社会。在某个意义上,先知的布道是故意反部落的。它宣称有个信徒团体,其忠诚只献给上帝和上帝的话语,而不是自己的部落。这个意识形态上的发展,在内争好斗的分支式社会中,为拓宽集体行动的范围和延伸信任的半径打下了非常重要的基础。

    维持政治统一始终是阿拉伯部落制背景下的艰辛斗争。穆罕默德死于公元 632 年,麻烦立即露出端倪。先知的超凡魅力足以凝聚他所创建的政治体,现在却面临四分五裂的威胁,其组成部分很有可能分道扬镳,如以麦加为基的古莱什部落、来自麦地那的“辅士”(Ansar)和其他部落的信徒。穆罕默德同伴之一的艾布·伯克尔(Abu Bakr),以他娴熟的政治运作,说服部落团体承认自己为第一任哈里发(caliph),即继承者。此外,他还是部落系谱的专家,借用他在部落政治上的渊博知识而赢得拥护自己的共识。

    在头三个哈里发的治下——艾布·伯克尔(632—634 年在位)、欧麦尔(Umar,634—644 年在位)、奥斯曼(644—656 年在位)——穆斯林帝国以惊人的速度扩张,兼并整个阿拉伯半岛,以及今日的黎巴嫩、叙利亚、伊拉克、伊朗、埃及的主要地区。最壮观的胜仗是卡迪西亚会战(Qadisiyyah),打败了波斯的萨珊帝国。20 世纪 80 年代两伊战争时期,萨达姆·侯赛因(Saddam Hussein)曾大肆庆祝这一历史战役。661 年,随着倭马亚王朝建立于大马士革,版图扩展仍在继续,进一步征服了北非、小亚细亚(Anatolia)、信德(Sind)和中亚。阿拉伯军队在 711 年占领西班牙,在比利牛斯山的北边继续挺进,直到 732 年在法国的图尔战役(Battle of Poitiers)中受到查理·马特(Charles Martel)的遏制。

    阿拉伯部落虽有宗教动机,但同样重要的是经济奖励。他们所征服的定居农业社会,可提供大量土地、奴隶、女子、马匹、动产。最初的统治问题是所有掠夺游牧民族所面临的:如何分配战利品,以避免各部落之间的内讧。通常当场分配可搬走的战利品,五分之一给哈里发,运回麦地那。被征服地区的土地变成哈里发治下的国家领土,不少干脆落到参与战役的各部落手中。

    过不多久,阿拉伯部落男子必须由征服者变为管理富饶农地和居民的统治者。哈里发不需要重新开发国家制度,因为四周都是成熟的国家或帝国。被阿拉伯人征服之后,萨珊帝国提供最及时的中央管理模式。曾属君士坦丁堡的领土现已被阿拉伯征服,居住于此的很多基督徒前来参加穆斯林政府的工作,从而带来拜占庭政府的治理方法。

    真正的穆斯林国家何时出现?与文学描述相对的历史记载,相对来说比较缺乏,使精确判定变得异常困难。维持常备军队和警察、定期向居民征税、设立行政机构以收税、裁定司法以解决争端、主持像大清真寺那样的公共建设,从事上述这一切的政体,肯定存在于倭马亚王朝阿卜杜勒-马利克(Abd al-Malik,685—705 年在位)时期。或许更早,甚至在倭马亚王朝第二任哈里发穆阿维叶(Mu‘awiya,661—680 年在位)时期。很难说先知穆罕默德创建的不是部落联合体而是国家,因为上述的制度特征在他生前尚未出现。

    波斯的理想绝对君主制中,其国王强大得能够维护和平和遏制贪婪的武装精英,后者是农业社会中冲突和混乱的主要来源。从现代民主角度看这样的社会,我们倾向于认为,农业社会的君主只是掠夺性精英团体的一员,也许由其他寡头选出来保护他们的租金和利益。但实际上,这些社会中几乎总有三角斗争,分别是国王、精英的贵族或寡头、非精英的农民和市民。国王经常站在非精英一边来反对寡头,既可削弱潜在的政治挑战,又可争到份下的税收。于此,我们可看到国王代表大众利益的概念的雏形。我们已经知道,中国寡头精英的大庄园扩展,皇帝为此而受到威胁,遂运用国家权力来予以限制和破坏。同样道理,萨珊帝国的绝对君主政体被视作秩序的壁垒,以反对损害大众利益的精英的相互争执。所以有人强调,君主执行法律便是正义的标志。

    从部落过渡到国家层次的社会,早期阿拉伯统治者享有几点优势。绝对君主制的中央行政官僚模式,作为国家层次社会的规范,早已存在于周边国家。更重要的是,他们拥有上帝之下人人平等的宗教意识形态。就某种意义而言,以巴士拉(Basra)和阿拉伯半岛为基地的哈瓦利吉派(Kharijites),从先知布道中得出了最符合逻辑的结论。他们认为,穆罕默德的继承人只要是穆斯林就够,不管他是不是阿拉伯人,也不管他来自哪个部落。如果穆罕默德的继承者如此照办,他们可能会尝试创建一个包容不同种族的超级帝国,基于意识形态,不靠亲戚关系,就像神圣罗马帝国。但对倭马亚王朝来说,光是维持帝国统一,且不谈建立横跨各地域的中央政府,已证明是一项异常艰巨的任务。顽强的部落忠诚胜过意识形态,穆斯林国家继续受困于亲戚关系的争吵和仇恨。

    先知死去不久就爆发了一起最重要的冲突。穆罕默德属于古莱什部落的哈希姆(Hashemite)血统,但又与竞争的倭马亚血统共享曾祖父阿卜杜·玛纳夫(Abd Manaf)。倭马亚血统和哈希姆血统争吵得很厉害,不管是先知出生之前,还是先知在世时,前者甚至起兵,反对穆罕默德和他在麦地那的穆斯林信徒。穆罕默德征服麦加后,倭马亚血统改信伊斯兰教,但两个血统之间的仇恨仍在继续。穆罕默德没有儿子,只跟最心爱的妻子阿以莎(Aisha)生了女儿法蒂玛(Fatima),长大后嫁给先知的表亲阿里(Ali)。第三位哈里发奥斯曼属于倭马亚血统,把很多亲戚带入权力圈,最终死于行刺。继承他的是阿里,却被赶出阿拉伯半岛,在库法(Kufa,今日伊拉克)祈祷时,又被哈瓦利吉派系的人杀死。随之,哈希姆血统、哈瓦利吉派、倭马亚血统之间爆发了一系列内战(fitnas)。等到阿里儿子侯赛因(Husain)战死于伊拉克南部的卡尔巴拉(Karbala)战役,倭马亚血统才得以巩固政权,开拓新朝代。阿里的党羽被称为什叶派(Shiites),信奉正统主义,认为阿拉伯帝国只能属于穆罕默德的直系后裔。倭马亚王朝穆阿维叶的追随者发展成为逊尼派(Sunnis),声称自己是正统理论与实践的奉行者。逊尼派和什叶派的大分裂,起源于阿拉伯部落竞争,在 21 世纪的今天,仍引发汽车爆炸、对清真寺的恐怖袭击等。

    早期的哈里发尝试创建超越部落忠诚的国家组织,尤其是在军队里,其十人和百人单位都是跨越部落的。如一位历史学家所说,新兴的穆斯林精英“知道部落身份在阿拉伯社会中植根太深,既不能以法令废除,也不能以超越部落排外性的措施将之驱走。他们能否将部落成员成功融入国家,既取决于为自身利益利用部落关系的能力,也取决于自己超越部落关系的能力”。占领伊拉克安巴(Anbar)省的美国人,在 2003 年入侵之后发现,倚靠部落领袖的传统权威,比创建无视社会现实的非人格化单位,更容易掌控部落军人。部落成员与指挥官发生争吵,可能会悄悄溜走,返回自己的亲人中。如指挥官又是自己部落的酋长,他就会三思而不行了。

    但是,以部落为基础的国家本质上是孱弱和动荡的,部落领袖的暴躁闻名遐迩。他们缺乏纪律,经常因为争吵,或受到忽略,而与亲戚们逃之夭夭。早期哈里发对所招募的部落领袖满腹狐疑,通常不让他们担任重要的指挥职位。此外,新建国家经常受到独立游牧部落的威胁,穆斯林领袖对之只有轻蔑。据传,哈里发奥斯曼不愿理会一名重要部落领袖的见解,斥之为“低能贝都因人”的唠叨。

    军事奴隶制的起源

    军事奴隶制发展于 9 世纪中期的阿拔斯王朝,用以克服之前穆斯林军队基于部落征召的重重弊端。阿拔斯王朝属于哈希姆血统,在什叶派和波斯的呼罗珊(Khorasani)义军帮助下,于 750 年推翻倭马亚王朝,并把首都从大马士革迁至巴格达。早期的阿拔斯王朝在巩固其统治方面非常残忍,尽量灭绝倭马亚王朝的血统,并镇压曾经的盟友什叶派和呼罗珊义军。国家集权有增无减,大权独揽的是称为维齐尔的首相。宫廷的规模和奢华均有增加,定居城市的帝国与其发源的部落区域则更加分隔。

    一开始,阿拔斯王朝统治者就暗示,基于亲戚关系的政治权力趋于浮躁善变,可能的解决之道就是军事奴隶制。哈里发马赫迪(al-Mahdi,775—785 年在位)宁可选择一批毛拉(mawali,释奴)作为自己的仆人或助手,也不愿挑选亲戚或呼罗珊盟军。他解释道:

    我坐在观众席里,可以唤来毛拉,让他坐在身边,他的膝盖触碰我的膝盖。等到散席,我可命令他去侍候我的坐骑,他仍然高兴,不会生气。如果我要求其他人做同样的事,他会说:“我可是你的拥护者和亲密盟友的儿子”,或“我可是你(阿拔斯王朝)霸业的老兵”,或“我可是首先投入你霸业的人的儿子”。而且我不能改变他的(顽固)立场。

    到马蒙(al-Ma’mun,813—833 年在位)和穆尔台绥姆(al-Mu’tasim,833—842 年在位)的治下,阿拔斯王朝征服中亚的河中地区(Transoxania),大批突厥部落投靠帝国,外国人充当国家军事力量的核心方才成为惯例。当阿拉伯人遇上生活在中亚大草原的突厥部落时,其领土扩展受到阻止,后者优秀的打仗能力获得很多阿拉伯学者的承认。哈里发不能招募整个突厥部落为自己打仗出力,因为它们同样有着部落组织的缺陷。所以,突厥人只是作为个别奴隶,在非部落军队中接受训练。马蒙创建了四千突厥奴隶的卫兵队,称作马穆鲁克,到穆尔台绥姆时期,壮大至将近七万人。他们是凶悍的游牧人,新近皈依伊斯兰教,充满了对穆斯林事业的热情。他们成为阿拔斯军队的核心,“因为他们在威力、血气、勇敢、无畏方面,都比其他种族优越”。根据一名见证马蒙征战的观察员,

    停战区道路两侧站着两行骑士……右首一侧是一百名突厥骑士,左首一侧是一百名“其他”骑士(即阿拉伯人)……大家都排成战斗行列,等待马蒙的莅临……时值正午,天气愈益炎热。马蒙到达时发现,除三四人外,突厥骑士依然危坐于马背,而“混杂的其他人”……早在地上东倒西歪。

    穆尔台绥姆把突厥人组成马穆鲁克团,因为本地居民与突厥士兵的暴力争端,而把首都从巴格达迁至萨迈拉(Samarra)。他让他们在自己学院中接受训练,购买突厥女奴配给他们成家,但不准与本地人混杂,由此创建了一个与周围社会分隔的军事种姓。

    忠于家庭,还是忠于公正的政治秩序,两者之间存在矛盾。这种思想在西方政治哲学中具有悠久历史。柏拉图的《理想国》记载了哲学家苏格拉底和一群年轻人的讨论,他们试图在“讲说中”创造一个“正义之城”。苏格拉底说服他们,正义之城需要特别激昂的保卫者阶层,为防御自己城邦而感到无比自豪;保卫者是武士,其首要原则是对朋友友善、对敌人凶狠;他们必须接受妥善的音乐和体操的训练,以培养公益精神。

    早期阿拉伯帝国治下的扩张

    《理想国》第五卷有段著名论述,谈到保卫者应实行妻小共有制度。苏格拉底指出,性欲和生儿育女都是自然的,但保卫者又要忠于自己防御的城邦,两者会有竞争;为此,必须告诉孩子一个“高尚谎言”,他们没有生身父母,只是大地之子。他还主张,保卫者必须过集体生活,可有不同的性伙伴,但不可跟单独女子结婚,生下的孩子也必须过集体生活。自然家庭是公益的敌人:

    那么,我们已讲过的和我们正在这里讲的这些规划,是不是能确保他们成为更名副其实的保卫者,防止他们把国家弄得四分五裂,把公有的东西各各说成“这是我的”,各人把他所能从公家弄到手的东西拖到自己家里去,把妇女儿童看作私产,各家有各家的悲欢苦乐呢?

    不很清楚,苏格拉底或柏拉图是否相信此举的可行性。事实上,苏格拉底的对话者,对“讲说中”的正义之城能否成为现实,表示了巨大疑问。讨论的目的在于指明,亲戚关系和对公共政治秩序的义务之间永远存在紧张关系。它的启示是,成功的秩序需要通过某种机制来抑制亲戚关系,使保卫者把国家利益放在自己的家庭之上。

    如果说马蒙、穆尔台绥姆或其他早期穆斯林领袖读到了柏拉图的著作,或知道他的想法,这非常可疑。但军事奴隶制确实应答了柏拉图所提出的必需,没说他们是大地的孩子,只知道出生地非常遥远,除了代表国家和公益的哈里发,不欠任何人。奴隶们不知道生身父母,只认主人,忠心耿耿。他们获得通常是突厥语的普通新名,身处基于血统的社会,却与任何血统毫不关联。他们没有实行女人和孩子的共产主义,但隔离于阿拉伯社会,不准扎根,尤其不可自立门户,以避免“把能弄到手的所有东西都搬回家”。传统的阿拉伯社会中,裙带关系和部落忠诚的难题,就此获得一劳永逸的解决。

    作为军事制度的马穆鲁克来得太迟,以致不能保住阿拔斯王朝。9 世纪中期,帝国已分裂成一系列独立主权政治体。756 年,逃亡的倭马亚王子在西班牙设立第一个独立伊斯兰国,帝国分裂自此开始。8 世纪末 9 世纪初,独立王朝建立于摩洛哥和突尼斯;9 世纪末 10 世纪初,独立王朝又在伊朗东部出现。到 10 世纪中期,埃及、叙利亚、阿拉伯半岛也从版图上消失,阿拔斯国家只保留伊拉克的部分地区。阿拉伯政权,不管是王朝还是现代,再也没有统一的穆斯林或阿拉伯世界。统一大业只好留给土耳其的奥斯曼帝国。

    阿拔斯帝国灭亡了,但军事奴隶制得以幸存。事实上,它在后续世纪中,为伊斯兰教本身的生存发挥了至关重要的作用。三个新的权力中心涌现出来,都基于军事奴隶制的行之有效。第一个是伽色尼(Ghaznavid)帝国,曾在前一章中提及。它以阿富汗的伽色尼为中心,统一了波斯东部和中亚,还渗入印度北部,为穆斯林统治次大陆铺平道路。第二个是埃及的马穆鲁克苏丹国,在阻止基督教十字军和蒙古军方面,扮演了生死攸关的角色,可能因此而挽救了作为世界宗教的伊斯兰教。最后一个就是奥斯曼帝国,它改善军事奴隶制,为自己作为世界强国的崛起打下基础。所有三个案例中,军事奴隶制解决了部落社会中建立持久军事工具的难题。但在伽色尼和埃及马穆鲁克的案例中,亲戚关系和家族制渗入马穆鲁克制度,使该制度衰落。此外,作为埃及社会最强大制度的马穆鲁克,不愿接受文官的控制,进而接管国家,预示了 20 世纪发展中国家的军事专政。只有奥斯曼帝国清楚看到,必须把家族制赶出国家机器,其照章办事将近三个世纪。尽管文官政府严格控制军队,但从 17 世纪晚期起,当家族制和世袭原则重新抬头时,它也开始走下坡路。

    第 14 章 马穆鲁克挽救伊斯兰教

    马穆鲁克如何在埃及上台;中东阿拉伯的权力却在突厥奴隶之手;马穆鲁克挽救伊斯兰教于十字军和蒙古军;马穆鲁克实施军事奴隶制的缺陷导致政权的最终衰落

    军事奴隶制帮助穆斯林政权在埃及和叙利亚掌权近三百年,从阿尤布(Ayyubid)王朝终结的 1250 年到 1517 年。其时,马穆鲁克苏丹国败在奥斯曼帝国的手中。今天,我们把伊斯兰教和全球的穆斯林社区(现今总人口约 15 亿)视作理所当然。但伊斯兰教的扩张,不仅取决于宗教思想的号召和吸引力,很大程度上,还取决于政治权力。根据穆斯林的信念,穆斯林军队必须向身处战争土地(Dar-ul Harb)的非信徒发起圣战(jihad),再把他们带入伊斯兰土地(Dar al-Islam)。归功于穆斯林,基督教和琐罗亚斯德教(Zoroastrianism)在中东不再是主要宗教。同样道理,如果十字军得以掌控中东,或蒙古军一路扫到北非,伊斯兰教也可能成为次要流派。尼日利亚、象牙海岸、多哥、加纳等北部边界,就是当初穆斯林部队的远征终点线。要不是穆斯林部队的打仗威力,巴基斯坦、孟加拉、印度的穆斯林少数派就不复存在。它的出现不仅靠宗教狂热,还靠国家建立有效制度来集中使用权力——最重要的就是军事奴隶制。

    伊斯兰教本身的生存取决于军事奴隶制,这一见解与阿拉伯伟大的历史学家和哲学家伊本·赫勒敦不谋而合。他活在 14 世纪的北非,与埃及的马穆鲁克苏丹国同一时代。他在《历史绪论》(Muqadimmah)中说:

    (阿拔斯)国家淹没于颓废和奢华,披上灾难和衰弱的外衣,被异教的鞑靼所推翻。鞑靼废了哈里发的宝座,毁掉该地的辉煌,使非信徒在信念之地得逞。这全是因为信徒们自我放纵,只顾享乐,追求奢侈,精力日衰,不愿在防卫中重振旗鼓,放弃了勇敢的脸面和男子汉的象征——然后,善良的上帝伸出救援之手,复苏气息奄奄的人,在埃及恢复穆斯林的团结,维持秩序,保卫伊斯兰教的城墙。上帝从突厥人和其众多部落给穆斯林送来保护他们的统治者和忠实助手。这些助手借助奴役的渠道,从战争土地来到伊斯兰土地,本身便藏有神的祝福。他们通过奴役学习荣誉和祝福,荣获上帝的恩惠;受了奴役的治疗,他们以真正信徒的决心走进穆斯林宗教,保持游牧人的美德,没受低级品行的玷污、享乐的腐蚀、文明生活的污染,他们的激情不受奢华的影响,仍完好无缺。

    马穆鲁克制度创立于库尔德人的阿尤布王朝末期,那是 12 世纪末 13 世纪初,阿尤布王朝短暂统治埃及和叙利亚,其最著名的子孙是萨拉丁(Salah al-Din,在西方被称作 Saladin)。阿尤布王朝曾在巴勒斯坦和叙利亚的反十字军战争中,投入了突厥奴隶军。它的最后一任苏丹萨里(al-Salih Ayyub),创建了伯海里(Bahri,编按:意即河洲)团,以总部所在地的尼罗河小岛的城堡命名。据传,库尔德士兵的不可靠使他转向突厥人。该团含八百至一千的奴隶骑士,主要是钦察突厥人(Kipchak Turkish)。像钦察一样的众多突厥部落,开始在中东扮演日渐重要的角色。其时,他们受到另一强大游牧民族的挤压,蒙古人正在把他们从中亚传统的部落地域赶走。

    伯海里团很早就证明了自己的骁勇善战。法王路易九世 1249 年在埃及登陆,发动第七次十字军东征。翌年,他败在伯海里团手中。率领伯海里团的是一名钦察人,名叫拜伯尔斯(Baybars)。他曾是蒙古人的俘虏,作为奴隶卖到叙利亚,最后被招聘为新马穆鲁克的领袖。由此,十字军在埃及遭到驱逐,路易九世的赎金相当于法国一年的国民生产总值。

    1260 年,拜伯尔斯和伯海里团,在巴勒斯坦的阿音札鲁特(Ayn Jalut)战役中取得更为重大的胜利,他们打败了蒙古军。其时,蒙古军已经征服欧亚大陆的大部。成吉思汗于 1227 年去世,此前蒙古各部落已经在他手上完成统一。13 世纪 30 年代,他们摧毁了统治中国北方的金朝;打败了中亚的花剌子模帝国;同时又战胜了阿塞拜疆、格鲁吉亚、亚美尼亚的王国;侵犯和占领了俄罗斯的大部,1240 年洗劫基辅;在 13 世纪 40 年代挺进东欧和中欧。他们最终停止前进,不是由于基督教军队的威力,而是因为大汗窝阔台(成吉思汗的儿子)的去世。蒙古指挥官奉召撤退,以讨论继承人选。1255 年,蒙哥命令成吉思汗的孙子旭烈兀征服中东。他占领伊朗,建立伊儿汗国(Ilkhanid),再朝叙利亚挺进,旨在征服埃及。1258 年,陷落的巴格达遭到彻底蹂躏,阿拔斯王朝的末代哈里发也被处死。

    马穆鲁克在阿音札鲁特的胜利,一定程度上归功于兵力优势,由于蒙哥的去世,旭烈兀不得不率领主力部队撤退。尽管如此,为了攻击马穆鲁克,他仍留下最好的指挥官之一和实质性的兵力。蒙古人是优秀的战术家和战略家,以迅速转移和简易给养,设法包抄敌人。相比之下,马穆鲁克装备得更好,战马更为高大,携带更为坚实的盔甲、弓、矛、剑,并且纪律异常严明。阿音札鲁特的胜利不只是侥幸,马穆鲁克曾与伊儿汗国发生一连串战役,以保卫叙利亚,直到 1281 年战争结束。它后来在 1299、1300、1303 年,又三次阻挡蒙古人的入侵。

    伯海里系马穆鲁克苏丹国,1250—1392 年

    马穆鲁克取代阿尤布王朝,与伊儿汗国开战时,就以拜伯尔斯为第一任苏丹,开始了他们的统治。以马穆鲁克为基础的政权比之前的王朝更为稳定。萨拉丁是伟大的军事领袖和穆斯林的英雄,但他组建的政体非常脆弱,与其说是一个国家,倒不如说是基于亲戚关系的公国联邦。他的军队并不忠于王朝,在萨拉丁死后,分裂成一群相互竞争的民兵。相比之下,马穆鲁克治理一个真正的国家,设有中央官僚机构和专业军队——实际上军队就是国家,这既是优点也是缺点。不像阿尤布王朝,马穆鲁克没有瓜分国家,也没有分发封地给亲戚或宠臣。不像萨拉丁死后,叙利亚在马穆鲁克的治理下,也没有马上脱离埃及。

    马穆鲁克制度在埃及马穆鲁克政权的统治下获得进一步的加强。苏丹国得以从中亚草原、西北和北方的拜占庭领土获得一波波新兵,这是成功的关键之一。有些新兵已是穆斯林,另外的是异教徒和基督徒。皈依伊斯兰教的过程是至关重要的,重建了他们的忠诚,并拉近了他们与新主人的感情。新兵与家庭和部落完全隔绝,经过从小伊始的培训而获得新家,即苏丹家庭和马穆鲁克相互的手足情谊,这是另一个关键。

    太监在制度运作上也扮演重要角色。不像中国或拜占庭帝国的太监,穆斯林太监几乎都是在穆斯林土地之外出生的外国人。有位评论家这么说,“穆斯林没有生下他。他也没生下一名穆斯林”。马穆鲁克几乎都是突厥人或欧洲人,太监则有可能是从努比亚(Nubia)或南方其他地区招募来的非洲黑人。跟马穆鲁克一样,他们也与自己家庭完全隔绝,因此对主人忠心耿耿。去势得以让他们发挥重要作用,成为年轻马穆鲁克的教师。后者的获选,除了体力和尚武,还取决于他们的健美。作为只有袍泽之谊而难近女色的军人集体,老牌马穆鲁克的同性恋索求,始终是一件头痛事,太监还可从中发挥缓冲的作用。

    作为政治制度的马穆鲁克之所以成功,除了教育特殊,还因为贵不过一代的原则。他们不能将马穆鲁克地位传给孩子,儿子会融入普通老百姓,孙子则完全享受不到任何特权。其中的道理简单明了:穆斯林不能是奴隶,而马穆鲁克的孩子生来就是穆斯林。此外,马穆鲁克的孩子生于城市,没经历过草原上流浪生涯的锻炼,在那里,孱弱就等于夭亡。假如马穆鲁克地位变成世袭,就会违反当年获选时严格的量才录用原则。

    马穆鲁克的衰退

    马穆鲁克制度的设计中至少有两个问题,随着时间的推移,使它本身变得日益软弱。第一,马穆鲁克军中没有制度化的统治机制。苏丹以下有等级分明的指挥链,但苏丹本身却没有明确的选任规则。有两条相互竞争的原则,第一条是王朝原则,当政的苏丹选择一个儿子来继位;第二条是非世袭原则,各派马穆鲁克一边争权夺利,一边试图达成人选的共识。第二条比较占上风时,各资深埃米尔(emir,王公)所选出的苏丹,经常只是门面装饰。

    马穆鲁克国家结构的第二个缺陷是缺乏最高的政治权威。马穆鲁克创建时,仅是阿尤布王朝的军事工具。到最后一任阿尤布苏丹去世,马穆鲁克却接管了国家,造成了逆向的代理。大多数政治等级制度中,主人拥有权力,委任代理人去执行自己的政策。很多政体发生功能的紊乱,因为代理人自有打算,与主人的目标大相径庭。制度的设计就是要鼓励代理人遵循主人的命令。

    相比之下,在马穆鲁克的案例中,代理人自己又变成了主人。他们既是服务苏丹的军事等级机构,同时自己又在争夺苏丹职位。这意味着,他们既要做军官工作,又要图谋攫取权力并削弱对手。这自然给纪律和等级制度造成极坏的影响,就像现代发展中国家的军政府。这个问题在 1399 年变得异常尖锐,其时,蒙古的帖木儿国侵犯叙利亚,洗劫阿勒颇(Aleppo),而马穆鲁克忙于内斗,无暇组织防御,竟撤回开罗。此外,他们也让地方部落夺走对上埃及的控制。最终幸免于难,只是因为帖木儿国需要应对另一新兴力量的威胁,即奥斯曼帝国。如果马穆鲁克服从于文官政府,像奥斯曼帝国那样,文官政府就可采取措施予以解决。

    反世袭原则逐渐衰退,最终导致埃及马穆鲁克国家的崩溃。随着时间的推移,世袭不但用于苏丹,甚至蔓延至马穆鲁克,他们也试图建立自己的朝代。像中国的非人格化科举制度,贵不过一代的原则违背人们的生物性追求,马穆鲁克都试图保障家人和后裔的社会地位。富有的马穆鲁克发现,他们可以捐赠给伊斯兰宗教慈善事业瓦克夫(waqf)、伊斯兰学校(madrassa)、医院和其他信托机构,让自己的后裔担任主管,从而战胜贵不过一代的原则。此外,有些马穆鲁克没有直系亲戚,却把种族关系当作团结基础。苏丹盖拉温(Qalawun)废弃钦察人,开始招募切尔克斯人(Circassian)和阿布哈兹人(Abkhaz)的奴隶,以组建新的布尔吉团(Burji)。最终,切尔克斯派从钦察派的手中夺走苏丹国。

    到 14 世纪中期,马穆鲁克制度的严重退化已经相当明显。事实上,其时的情形是一片和平繁荣,对马穆鲁克的纪律却有灾难性的影响。圣地巴勒斯坦的基督徒多已消失,马穆鲁克在 1323 年与蒙古人签订和平条约。自己不是马穆鲁克的苏丹纳绥尔·穆罕默德(al-Nasir Muhammad),开始委派非马穆鲁克的效忠者担任高级军职,并清洗他心疑的能干军官。

    政府随着苏丹巴库克(Barquq)在 1390 年的上台而获得短暂活力。他的掌权全靠布尔吉,即切尔克斯人的马穆鲁克,他还恢复了招募外国奴隶的旧制度。后续的苏丹使用国家垄断所积累的资源,大大扩充了对年轻马穆鲁克的招募,从而造成代沟问题。老牌马穆鲁克开始演变成军事贵族,像现代美国大学的终身制教授,在等级制度中盘根错节,固守现状,以应对年轻一代的挑战。资深首领的平均年龄开始上升,人员流通显著减缓,古老贵族分为氏族。马穆鲁克开始提拔自己的家人,以财富的炫耀来确立自己的地位,女眷也在争取子孙利益上扮演更大角色。马穆鲁克制度,最初创建时是为了在军事招募中克服部落制,自己现在反而变成部落。新的部落不一定基于亲戚关系,但反映出人们内心深处的冲动:应付非人格化社会制度,以促进和保障后裔、朋友、依附者的利益。

    久而久之,马穆鲁克制度从中央国家退化成军阀的寻租联合体。年轻的马穆鲁克不再忠于苏丹,如一名历史学家所说的,反而变成

    一个利益团体,它在战场上的可靠性是可疑的,它的造反倾向却是自然的。苏丹国的最后几十年,开罗的逐日编年史就是一个不断要求苏丹付款以换取国内稍稍稳定的故事。招募来的马穆鲁克以掠夺……欢迎甘素卧·胡里(al-Ghawri,一位晚期苏丹)的登基。受训新兵烧了五名高级长官的豪宅,以表达对自己低报酬的不满,作为对照,大首领通常聚敛巨额的财富。

    将马穆鲁克与早期苏丹绑在一起的道德关系,已被经济考虑所替代。高级马穆鲁克向低级军人购买忠诚,后者再向国家或平民百姓榨取租金,以期获得赞助人的奖励。苏丹只是伙伴中的老大,有些遭到了马穆鲁克派系的行刺或撤职,所有晚期的苏丹都不免会提心吊胆。

    除了政治上的不稳定,政府在 15 世纪晚期又遭遇财政危机。葡萄牙海军在印度洋取得首要地位,切断了香料贸易,苏丹的收入在 14 世纪末开始下跌,只好依靠税率的增加。这迫使经济主体——农民、商人、手艺人——想方设法隐瞒资产来逃税,征税官员愿意低报税率来换取自己荷包的回扣。结果,虽然税率增高,实际税收反而下降。政府只好诉诸没收所能找到的资产,包括马穆鲁克用来为后裔隐藏财富的伊斯兰慈善事业瓦克夫。

    作为犯罪集团的国家

    政治学家将早期现代的欧洲国家比作有组织犯罪。他们的意思是,国家统治者使用自己组织暴力的专长,向社会上其他人榨取资源,经济学家称之为租金。有些学者使用“掠夺国家”的字眼来描绘一系列现代发展中国家的政权,像蒙博托·塞塞·塞科(Mobutu Sese Seko)治下的扎伊尔(刚果),或查尔斯·泰勒治下的利比里亚。在掠夺国家里,掌权精英试图向社会提取最高程度的资源,以供自己的私人消费。这些精英之所以追求权力,就是因为权力可向他们提供经济租金。

    毫无疑问,有些国家是高度掠夺性的。在一定意义上,所有国家都是掠夺性的。在理解政治发展时要面对一个重要议题,即国家是否在掠夺最大化的租金,或出于其他考虑,仅在提取远远低于理论上最大化的租金。以租金最大化来描绘成熟的农业社会,如奥斯曼土耳其、明朝中国、“旧制度”下的法兰西王国,并不一定恰当。但对有些政治秩序来说,如蒙古人等游牧部落所设置的征服政权,这肯定是精确的,也愈来愈成为后期马穆鲁克政权的特征。马穆鲁克苏丹的征税,既是没收性的,又是任意的,使长期投资变得难以想象,主人只好将财产投入非优化的用途,像宗教慈善事业瓦克夫。有个有意思的推测:当商业资本主义开始在意大利、荷兰、英国起飞时,在埃及却被扼杀在摇篮中。

    另一方面,高水平征税仅出现于埃及马穆鲁克三百年统治的末期。这表明,早期苏丹的征税远远低于最大化。换言之,最大化的租金提取并不是农业社会中前现代国家不可避免的特征。根据波斯的中东国家理论,君主功能之一就是保护农民,以正义和稳定的名义来对抗贪婪的地主和其他追求租金最大化的精英。这个理论为阿拉伯人所采用。所以,国家不单是占据领土的强盗,更是新兴公共利益的监护人。马穆鲁克国家最终走向完全的掠夺,归因于内外力量的交汇。

    诸多原因导致马穆鲁克政权的政治衰败,它在 1517 年遭到奥斯曼帝国的摧毁。从 1388 年到 1514 年,埃及承受二十六年的瘟疫。由于奥斯曼帝国的兴起,马穆鲁克越来越难以招募奴隶军,因为奥斯曼帝国直接挡在赴中亚的贸易途径上。最后,马穆鲁克制度证明太僵硬,不愿采用新军事技术,尤其是步兵军队的火器。面对欧洲敌人的奥斯曼帝国,早在 1425 年就开始使用火器,约在欧洲探索此项革新的一个世纪之后。他们很快掌握这些新武器,其大炮在 1453 年攻陷君士坦丁堡时发挥了重要作用。相比之下,马穆鲁克要到甘素卧·胡里苏丹(1501—1516 年在位)时期,方才认真试验火器,离他们毁灭于奥斯曼帝国已经不远。马穆鲁克骑士发现使用火器有损自己尊严,而政府又受铜铁矿产匮乏的限制。经过一些夭折的测试(十五门火炮在试用时全部炸坏),苏丹国设法装备了有限数量的火炮,并组建了非马穆鲁克的火枪第五军团。但这些革新姗姗来迟,无法保住这个资金短缺、堕落、传统的政权。

    阿尤布苏丹创建伯海里团,所想解决的问题与早期中国建国者所面临的完全相同,即在高度部落化的社会中组建军队,不得忠于自己的部落,只能忠于以他为代表的国家。他的对策是购买年轻外国人,切断其对家庭的忠诚。他们进入马穆鲁克奴隶大家庭后,在选贤与能的基础上获得晋升;每年招募新人,前途全凭自己的才干。如此建起的军事机器令人印象深刻,顶住两代蒙古军的进攻,将十字军战士赶出圣地巴勒斯坦,为保卫埃及而打退帖木儿国。如伊本·赫勒敦所说的,马穆鲁克在历史的关键时刻挽救了伊斯兰教,否则,后者可能早已变得无足轻重。

    另一方面,马穆鲁克的制度设计又包含了自己消亡的种子。马穆鲁克直接参政,不满足于担任国家的代理人。没人可以管教他们,每一名马穆鲁克都能追求苏丹一职,因此蓄谋弄权。王朝原则很早为最高层领袖所接受,很快传染给整个马穆鲁克上层,变成既得利益的世袭贵族精英。同时,这些精英没有安全产权,想方设法从苏丹手中保住自己的收入,以传给后裔。在布尔吉系马穆鲁克的治下,精英群体分化于年龄的差异,老牌马穆鲁克将年轻者招入自己的家族网络。曾将年轻马穆鲁克与国家绑在一起的训练不见了,只有为自己派别的赤裸裸的租金追求,他们使用强制力量,从平民百姓和其他马穆鲁克那里榨取资源。马穆鲁克精英为这些权力斗争煞费苦心,以致不得不采用非常谨慎的外交政策。仅仅凭运气,15 世纪早期的帖木儿国侵略,没给他们带来巨大的外部威胁,一直到奥斯曼帝国和葡萄牙逐一崛起的世纪末。由于瘟疫造成的人口减少和外贸的丧失,马穆鲁克的财政日渐捉襟见肘。没有外部威胁,也就没有军事现代化的激励。奥斯曼帝国完善了军事奴隶制,并组建了更为强大的国家。所以,马穆鲁克 1517 年败于奥斯曼帝国,早成定局。

    第 15 章  奥斯曼帝国的运作和衰退

    奥斯曼帝国以欧洲君主做不到的方式集中权力;奥斯曼帝国完善军事奴隶制;不稳定的土耳其国家依赖持续的对外扩展;奥斯曼制度衰退的原因;军事奴隶制走进发展的死胡同

    尼科洛·马基雅维利(Niccolò Machiavelli)著名的政论《君主论》写于 1513 年。其时,奥斯曼帝国正处在权力的巅峰,将征服匈牙利,还将向哈布斯堡首都维也纳发起首次进攻。在该书第 4 章中,马基雅维利作出以下观察:

    在我们的时代,两种各异的政府是土耳其和法国国王。土耳其整个君主政体由一人统治,其余的都是他的仆人。他将王国分割为众多桑贾克(sanjaks,编按:相当于中国的县或区),派去不同的行政官,可以随意调换。而法国国王身处自古就有的领主中间,后者在国内获得百姓的认可和爱戴,享有自己的特权,国王不可予以取消,否则会有危险。因此,无论谁在觊觎这两个国家,你将发现很难征服土耳其,但一旦征服,维持非常容易;作为对照,在某些方面,你会发现攫取法国比较容易,但很难维持。

    马基雅维利抓住了奥斯曼帝国的本质:它在 16 世纪早期的治理,比法国更加集中、更加非人格化,因此更加现代化。16 世纪后期,法国国王攻击地主贵族的特权,试图创建同样集中统一的政权。他从巴黎派遣总督(intendents)——现代地方长官的前身——去直接管理王国,像治理各桑贾克的土耳其长官贝伊(bey,县长或区长),以取代地方的家族精英。奥斯曼帝国采用的制度与众不同,以征募制和军事奴隶制为基础,建成了高度强大且稳定的国家,可匹敌欧洲其时的任何政权,治理着比阿拉伯哈里发或苏丹所打造的任何一个都要大的帝国。奥斯曼社会与同时代的中国明朝有相似处,它们都有强大的中央国家,国家之外的社会参与者都相当薄弱,缺乏组织。(不同之处在于,奥斯曼政权仍受法律限制。)奥斯曼的国家制度是现代和家族制的奇怪混合体。家族制一旦以现代因素为代价来保护既得利益,国家制度就会衰败。奥斯曼帝国完善了马穆鲁克的军事奴隶制,但最终还是屈服于精英把地位和资源传给孩子的天性。

    仅一代的贵族

    马基雅维利所描述的行政制度,即土耳其苏丹随意派遣和调换去外省的行政官,其根源在于,奥斯曼帝国尚是新兴的征战朝代,没有古老的制度可以继承,只能创建全新的制度。蒙古人 13 世纪的征服把一系列土库曼(Turcoman)部落,从中亚和中东赶到小亚细亚西部的边境地区,使之夹在西方的拜占庭帝国和东方的塞尔柱(Seijuk,自 1243 年起成为蒙古伊儿汗国的属国)苏丹国之间。这些部落组织起来,向拜占庭发动攻击(gaza)。领袖之一的奥斯曼(Osman)1302 年在巴菲翁(Baphaeon)打败拜占庭军队,因此而声名鹊起,鹤立鸡群,吸引其他边境领袖前来投靠。于是,宛如暴发户的边境国家奥斯曼得以站稳脚跟。它东西出击,以征服新领土,并向周边的成熟国家借用现成制度。

    16 世纪的奥斯曼帝国

    奥斯曼帝国的地方行政制度源于 15 世纪的西帕希骑士(sipahi)和其封地蒂玛(timar,养马的意思)。最小的封地只有一至数座村庄,其税收只能负担拥有马和其他装备的单名骑士。较大的封地叫扎美(zeamet),分配给称为扎伊姆(zaim)的中级官员,高级官员分到的封地叫哈斯(has)。骑士或扎伊姆住在自己的封地,向本地农民征收实物税,通常是每个农民每年上缴一车木材和饲料,再加上半车干草。该制度是拜占庭的,奥斯曼帝国只是信手拈来。像欧洲的领主,骑士也提供地方政府的功能,如安全和司法。他还要想方设法将实物转换成现金,以支付装备和奔赴前线的旅费。较大封地的主人被要求提供第二名骑士,包括侍从和装备。整个制度称作迪立克采邑制(dirlik),迪立克意即生计,这也是它的功能。其时的经济仅取得部分货币化,苏丹的军队由此获得维持,无须增税以付军饷。

    地方政府围绕桑贾克组成,包括数千平方英里和将近十万人口。奥斯曼帝国征服新领土,便组成新的桑贾克,并实施详尽的土地清查,列出每个村庄的人力和经济资源,目的就是为了纳税和分配封地。起初,用于各地的规则因地制宜,但随着时间的推移和新领土的快速增加,法律和规则趋于统一。桑贾克长官贝伊不是从本地招聘的,而由伊斯坦布尔的中央政府指派。跟中国的地方官一样,他们任职三年后必须改任他职。参战时,他们又是率领自己治下的骑士军队的将领。比桑贾克级别更高的行政区是州(beylerbeyilik),他们构成了帝国的主要区域。

    如马基雅维利承认的,迪立克制度与欧洲封建制的最重要区别在于,土耳其封地不能转换成遗传财产,不能传给骑士的后裔。由于新兴帝国的多数领土都是新近征服的,国家拥有大量土地(约 87% 在 1528 年获得),封给骑士的期限只是他的一生。封地是为了换取军事服务,如果没有提供军事服务,苏丹就可收回封地。跟欧洲不同,大片封地的主人不可再作进一步的分封。骑士太老不能参与战役,或中途夭亡时,他的封地便要上缴,被分配给新骑士。骑士的地位不可遗传,军人的孩子必须回归平民。在封地上耕种的农民,只有使用权,但不像他们的主人,其孩子可继承这种使用权。所以,奥斯曼帝国创造出仅一代的贵族,防止了享有资源基础和世袭特权的强大地主贵族涌现。

    防止领土贵族的出现还有其他实际的原因。奥斯曼帝国经常处于战争,因此要求骑士在夏季前来报到候战。所以每年有好几个月,封地主人外出,既减轻农民的负担,又削弱了骑士与封地的联系。有时,骑士必须在他处过冬,妻子和孩子要在家里独立谋生。骑士经常利用外出机会,挑上新的配偶。所有这一切都在破坏贵族与封地的联系,而这种联系在欧洲发展中是异常重要的。

    完善军事奴隶制

    迪立克采邑制得靠军事奴隶制,不然就会管理失当。奥斯曼帝国以阿拔斯王朝、马穆鲁克和其他土耳其统治者的军事奴隶制为基础,但剔除了使马穆鲁克制度失灵的缺陷。

    最重要的是文官和军官之间有明确差别,后者严格服从前者。军事奴隶制始于苏丹家庭的延伸,像阿尤布的马穆鲁克。但又有不像之处,奥斯曼帝国统治者一直保留对军事奴隶制的控制,直到帝国晚期。王朝原则仅适用于奥斯曼统治者的家庭。不管职位多高,才能多大,奴隶永远都不能成为苏丹,或在军事机构中创建自己的小朝廷。因此,文官政府可建立招收、训练、晋升的明确规则,侧重于建立高效的军事管理机构,不必担心其以军政府名义夺取政权。

    为了防止军事机构中的小朝廷,遂定下有关孩子和遗产的严格规则。禁卫军的儿子不得加入禁卫军,在帝国早期,他们甚至不得结婚和组织家庭。皇家禁卫骑士(sipahis of the Porte)的儿子可加入骑士团队充任侍从,但孙子绝对不可。奥斯曼帝国似乎一开始就明白,军事奴隶制就是为了避免既得利益的世袭精英。军事奴隶制中的招收和晋升全靠能力和服务,他们的奖励是免税地位和庄园。神圣罗马皇帝查理五世派驻苏莱曼一世(Suleiman the Magnificent)宫廷的大使布斯贝克(Ogier Ghiselin de Busbecq)提及,缺乏世袭贵族的事实允许苏丹挑选奴隶,全凭能力来提拔,“出身于牧羊人的杰出大维齐尔,欧洲评论家对他一直着迷不止”。

    奥斯曼帝国改善了马穆鲁克制度,将招募进执政机构的非穆斯林奴隶(askeri)与帝国的穆斯林和非穆斯林的百姓(reaya)严格分开。后者可有家庭和财产,可将财产和土地遗传给子孙。他们也可根据宗派附属关系,组织成半自治的社区米勒特(millets),但不能成为执政精英的一员,不能携带兵器,不能当兵或在奥斯曼政府中当官。非穆斯林奴隶的干部通常每年更新,因为年年都有新招募的基督徒。他们被切断与家庭的关联,只对奥斯曼国家效忠,没有行会、派别、自治协会,一切忠诚献给统治者。

    作为治理机构的奥斯曼国家

    有证据显示,初期的奥斯曼帝国没有实施最大化征税。说得更确切些,他们视自己为监护人,除了较低水平的征税,还在保护农民对抗更像有组织犯罪的精英。我们这样说,是因为奥斯曼帝国晚期发生财政困难,苏丹不得不大大提高征税水平。

    继承于早期中东政权的自我约束已融入奥斯曼的国家理论。波斯萨珊王朝的库思老一世(Chosroes I,531—579 年在位)曾说,“如有公正和适度,百姓将生产更多,税收将增加,国家将变得富强,公正是强国的基石”。这里的“公正”意味着适度的征税。我们可能发现,这无疑是里根执政时流行的拉弗曲线(Laffer curve)的中东版本:低税率给予个人较多奖励,个人因此生产较多,最后的总税收也水涨船高。这种想法获得早期土耳其学者的赞同,并进入所谓的公平圆圈(circle of equity),由八条谚语组成:
    1. 没有军队就没有皇家权力。
    2. 没有财富就没有军队。
    3. 百姓生产财富。
    4. 苏丹以公正统治来留住百姓。
    5. 公正需要世界的和谐。
    6. 世界是花园,国家是花园的围墙。
    7. 国家支柱是宗教法律。
    8. 没有皇家权力,宗教法律就失去支持。 

    这些谚语通常环绕一个圆圈写下,到了第八条再轮回到第一条。这显示,对皇家权力(第一条)来说,宗教合法性(第八条)又是不可或缺的。这是一份异常简洁的声明,阐述军事力量、经济资源、公正(包括税率)、宗教合法性的相互关系。这表明,土耳其统治者的目标不是经济租金最大化,而是平衡了权力、资源和合法性的综合国力最大化。

    与同期的欧洲君主政体相比,奥斯曼制度有个重大缺陷,因此而变得不稳定,那就是缺乏成熟的长子继承制或其他继承规则。按照中东的古老传统,统治者的继承权在上帝手中,建立继承规则有悖上帝的愿望。在继承权未定时,不同候选人急需禁卫军、宫廷官员、乌里玛(ulama,教权阶层)、行政机器的支持。苏丹青春期的儿子跟导师一起去不同省城,以获取总督的工作经验,最靠近首都的儿子在影响禁卫军和宫廷方面就占了便宜。苏丹死后,儿子之间经常发生内战。偶尔,苏丹尚未死去就有人抢班夺权。在这些情况下,兄弟之间的残杀在所难免。穆罕默德三世(Mehmed Ⅲ,1595—1603 年在位)夺权时,在宫殿里处决了十九个兄弟。他终止将儿子送去外省的安排,让他们住在宫殿内特别居所,其生活宛如囚犯。有人会说,这种制度确保新苏丹将是最严厉最残忍的儿子。但没有制度化的继承规则,往往造成致命弱点,在继承期间容易受到外国威胁,并让制度中的参与者获得过度的影响力,如仅是苏丹代理人的禁卫军。

    奥斯曼帝国混乱的继承机制,让人们怀疑其制度在总体上的建制化。像处理中国情形一样,马克斯·韦伯也把奥斯曼制度归为家族制,而不属于现代。如果把“家族制”定位为整个政府听从统治者家庭,一切取决于统治者的心血来潮,奥斯曼制度确实如此。几乎国家的所有雇员,其正式地位都是奴隶,这表明苏丹对整个官僚机构享有绝对控制权。跟中国皇帝一样,他可以命令处决上至大维齐尔(首相)的任何官员。苏丹还有权更改制度上的任何规则,如苏莱曼一世决定放松禁卫军不得组织家庭的禁令。

    另一方面,不管苏丹在理论上的权力,他治下的政府照章办事,所作的决定可以预测。首先,奥斯曼苏丹受穆斯林宗教法律——伊斯兰教法(sharia)——的束缚,不管是理论上还是实践中。像中世纪的基督教君主,苏丹正式承认上帝的主权和法律,他自己的权力只是来自上帝的委托。法律的监护人是庞大庄严的宗教机构,乌里玛(神职学者)解说法律,主持宗教法庭,裁决家庭、婚姻、遗产和其他私人事务。对日常层次的执法,苏丹不予干涉。私人产权和国家土地的使用权受到类似保护(参看第 19 章)。甚至混乱的继承权争斗,在一定意义上也以伊斯兰法律为依据,其原则就是禁止长子继承权。

    奥斯曼政府照章办事,还出于代理制的需要。绝对统治者必须将自己的权力和权威委托给代理人,这是简单的生活常识。由于专长和能力,代理人开始营建自己的权力。这在统治像奥斯曼帝国这样辽阔、多样、复杂的地域时,尤其如此。

    很奇怪,征募制和军事奴隶制却是奥斯曼帝国最现代的特征之一。在功能上,它的目标与中国科举完全相同:都是国家非人格化招聘的来源,确保源源不断的候选人面对激烈的选择,只效忠于国家,与家庭和亲戚没有牵连,以攀高位。与中国相比,它比较不合理,因为它只允许外国人参与。另一方面,这种限制是为了防止家族化,可以撇开与家庭或地方藕断丝连的本地精英。

    衡量国家制度现代性的另一尺度是法律和程序在帝国的统一。理所当然,中国人设下了最佳标准,很早就创造了不同寻常的统一行政制度,很少例外。奥斯曼制度则允许较多的差异,帝国的中央地区、小亚细亚、巴尔干半岛开始实施相当统一的规则,如土地租佃、征税、司法等。奥斯曼帝国强迫奴隶军改信伊斯兰教,但没将自己的社会制度强加于外省的行政机构。希腊人、亚美尼亚基督徒、犹太人,虽然享受不到穆斯林的法律权利,但仍能组织半自治社区。这些社区的宗教领袖负责财政、教育、执法和其他有关家庭法律和人身地位的事务。离帝国的中心越远,地方上的制度就越偏离核心规则。在 1517 年打败马穆鲁克之后,中东的重要地区,包括埃及、叙利亚、汉志(Hejaz,现代沙特阿拉伯沿红海的西部地区),并入帝国的版图。马穆鲁克获准保留自己的军事奴隶制,但必须承认奥斯曼帝国的主权。汉志则实施自己的特殊规则,因为拥有穆斯林圣城麦加和麦地那,奥斯曼帝国现是穆斯林的监护人。

    家族制的复辟和衰败

    奥斯曼制度的衰退归罪于内外两种因素。外部因素包括帝国的地理极限,以及人口和环境的巨大变化。这些 16 世纪末 17 世纪初的变化,不仅影响了土耳其,而且影响了所有的农业大国。内部因素包括军事奴隶制的崩溃、禁卫军由国家权力的工具蜕变成既得利益团体。

    如我们所知,奥斯曼制度一开始就是一个征服王朝,依赖领土的持续扩张来增加税收和封地。到 16 世纪 30 年代末,奥斯曼帝国面对两条战线,相隔几乎两千英里:在东欧与奥地利人对峙,在波斯与新近崛起的萨非王朝(Safavid)争锋。奥斯曼帝国虽能动员其人力的大部,但军队不能整年驻扎在外。以当时的技术,他们开发了先进的物流制度,但军队仍需在春天聚合,行军数百英里,奔赴前线。第一次征服维也纳败北,因为军队抵达维也纳郊外已是 1529 年 9 月 27 日,围攻不到三个星期,就不得不放弃,因为军队要在冬天之前返回自己的土地和家庭。类似的局限也存在于波斯前线。

    奥斯曼帝国为此决定全年防守匈牙利,并改善海军,以开展地中海的军事行动。他们继续赢得战利品(如塞浦路斯岛和克里特岛),直到 17 世纪中期。但是,轻易的领土征服到 16 世纪中已近尾声,武装的外部掠夺不再是经济租金的良好来源。这给内部统治造成严重后果,因为更高水平的资源榨取必须来自帝国核心地区,而不是边境地区。没有新的基督教领土,也就减少了征募制人选的供应。

    另一个外部发展是持续的通货膨胀和人口增长,互为表里。从 1489 年到 1616 年,小亚细亚谷物的恒定银价上升了 400%。很多学者将价格上升归罪于来自西班牙新大陆的金银增长,但杰克·戈德斯通(Jack Goldstone)认为,有理由说奥斯曼帝国的通货膨胀不是货币事件,因为没有找到新金银进入奥斯曼土地的证据。实际上,政府因为白银短缺而一再降低铸币的含银量。更确切地说,通货膨胀是由于快速的人口增长。从 1520 年到 1580 年,小亚细亚的人口增长了 50% 到 70%。从 1520 年到 1600 年,伊斯坦布尔的人口从十万增至七十万。这种人口增长同时也在欧洲和中国发生,原因不明,但一定与 15 世纪摧毁欧亚大陆人口的瘟疫的退潮有关。戈德斯通认为这可能与气候有关,再加上人类由此而增强的免疫力。

    这些变化大大影响了奥斯曼帝国的制度,通货膨胀使采邑制度愈来愈靠不住。采邑的骑士靠土地生活,但另有土地和军事装备的货币开支,现在变得不堪忍受。很多人拒绝参与战役,另外的干脆放弃封地,开始组成掠夺农民和地主的强盗帮派。驻扎在城市的禁卫军,为应付开支,获准从事手艺人或商人的民间职业,这模糊了奴隶和百姓之间的明显界限。有些禁卫军当上财政官员,操纵采邑登记以谋私利,或授予自己土地,或分配土地给百姓以换取贿赂。

    16 世纪晚期,中央国家也面对财政危机。火器的引进使曾是 15 世纪奥斯曼部队支柱的骑士变成老皇历,国家必须以骑士为代价迅速扩充步兵。从 1527 年到 1609 年,禁卫军的人数从五千增至三万八千,再增至 1669 年的六万七千五百。此外,政府开始招募无地农民(sekbans)充任临时火枪手。不像自我负担的旧骑士,这些新式步兵需配备现代武器,领取现金薪水。所以,政府急需将征税得来的实物,转换成已是经济交易基础的现金。骑士人数的跌幅相当于步兵人数的涨幅,放弃的采邑现在租给私人经营者,出身于非奴隶的税务承包商向他们征收现金。先前,政府约束对农民的剥削,现在为应付财政收入的燃眉之急,也就顾不上了。

    考虑到财政困境,军事奴隶制的规则受到腐蚀也许是不可避免的。根据马穆鲁克的经验,阻止奴隶军人将地位和资源传给孩子的规则很难执行,因为这有悖人性。奥斯曼帝国的原始制度非常严格,规定禁卫军坚持独身,不得组织家庭。但在制度内部,一直有放松规则的压力。当遇上与日俱增的财政压力时,政府只得作出让步。这一过程始于塞利姆一世(Selim the Grim,1512—1520 年在位)和苏莱曼一世(1520—1566 年在位),先允许禁卫军结婚和组织家庭。随之,这些禁卫军又向宫廷施加压力,允许他们的儿子加入军队。这发生于塞利姆二世(Selim Ⅱ,1566—1574 年在位)时期,设立了专收禁卫军儿子的定额。苏丹穆拉德四世(Murad Ⅳ)在 1638 年正式废除征募制,这等于确认了禁卫军子承父业的纳新制度,甚至百姓也被允许加入军人阶层。晋升不再依据规则,愈来愈靠国家制度中的私人关系。以前局限于宫廷政治的家族制,现在扩散到整个体系。

    跟布尔吉马穆鲁克一样,将禁卫军与苏丹绑在一起的道德关系也受到蛀蚀,他们全神贯注于自己的福利和家庭,变成一个为己谋利的利益团体。纪律趋于崩溃,禁卫军开始定期在首都发动骚乱,以抗议薪酬的拖欠或铸币的贬值。跟马穆鲁克相似,他们与民用经济挂钩,收购商业,或提取被人遗弃的采邑的租金。

    很多历史学家认为,奥斯曼帝国从 17 世纪初开始的衰落并非不可避免。事实上它还维持了三百多年,直到 1908 年的青年土耳其党人运动。奥斯曼帝国仍能展示令人惊讶的精力,例如 17 世纪的下半世纪,科普鲁律(Köprülüs)大维齐尔得以在帝国的中央省恢复秩序,在地中海继续扩张,征服克里特岛,并于 1683 年再一次向维也纳发起进攻。但这次中兴又遭逆转。什叶派的萨非王朝在波斯崛起,导致什叶派和逊尼派的长期战争。奥斯曼帝国鼓励在全国贯彻逊尼派的正统观念,并杜绝外部新思想。它发现自己愈来愈无法赶上邻近欧洲帝国在技术和组织上的革新,从而不得不割让领土,每隔十年再来一次。虽然如此,土耳其仍在加里波利(Gallipoli)打败英国人,进入 20 世纪时,继续是欧洲政治的主要角色。

    奥斯曼帝国的遗产

    奥斯曼帝国是穆斯林世界中迄今最成功的政权。他们凭借自己创造的制度基础,集中权力,其规模在那个地区是空前的。他们在异常短暂的时间内,从部落过渡到国家层次的社会,然后发展了具有显著现代特征的国家制度。他们建立了中央集权的官僚和军队,以非人格化的择优标准,挑选和晋升有限的外国招聘对象。这一制度得以克服中东社会的部落机构的局限。

    此外,奥斯曼帝国创造了可从中央遥控的省级行政制度。通过这个制度,他们实施相对统一的规则,确定经济的日常运作,维护辽阔帝国的治安。不像欧洲的封建主义,奥斯曼帝国从没允许制造政治分裂的地方贵族涌现。所以,不像早期现代的欧洲君主,苏丹也无需向贵族讨回权力。奥斯曼帝国的制度,比 15 世纪同期的欧洲政治组织更为成熟和先进。

    就集权和支配社会的能力而言,鼎盛时期的奥斯曼帝国,比较不像同期的欧洲国家和印度次大陆上建立的本土国家,而更接近于中华帝国。跟中国类似,它只有很少独立于国家的组织良好的社会团体。如马基雅维利所注意到的,没有古老的贵族血统,没有获得宪章的独立商业城市,没有民兵组织和法律制度。跟印度不同,村庄没有依照古老的宗教社会规则组织起来。

    奥斯曼国家和其他阿拉伯先驱者,其不同于中国之处是存在立法的宗教机构,至少在理论上独立于国家。它能否限制国家的集权,说到底,取决于宗教权威本身的制度化程度。(我在第 21 章讨论法治起源时,将回到这一题目。)

    就全球的政治发展而言,作为奥斯曼帝国核心力量的军事奴隶制只是一条死胡同。它的产生基于一种担忧,同样的担忧促使中国人发明了科举制度。今天,中国科举制度的实用等同物都在应用之中,不管是现代欧洲和亚洲的官僚招聘,还是美国的学术能力评估测试(SAT)和法国的高中毕业会考(baccalauréate)。相比之下,军事奴隶制作为一种制度已从世界政治舞台消失,不留任何痕迹。穆斯林世界之外的人,从未认为它是合法的。问题不在奴隶,众所周知,直到 19 世纪西方都视奴隶制为合法制度。欧洲人或美国人所无法想象的,是奴隶后来又变成政府高官。

    从 14 世纪到 16 世纪,军事奴隶制充任奥斯曼帝国迅速崛起的基石。但它面对各种内部矛盾,不能幸免于 16 世纪晚期帝国面临的外部变化。奥斯曼帝国从没发展出本土的资本主义,不能长期取得持续的生产力增长,所以只能依赖粗放式增长来增加财政资源。经济和外交的政策失败,彼此雪上加霜,使本土制度无法承受。它继续生存于 20 世纪,多亏了创新的苏丹和最后的青年土耳其党人改用西方制度。但这一切不足以保住政权,继承它的土耳其共和国则依据截然不同的制度原则。

  • 玛丽安娜·沃尔夫《普鲁斯特与乌贼》

    前言 大脑天生不会读
    第一部分 我们是如何学会阅读和思考的:阅读脑的进化
    第1章 普鲁斯特与乌贼给我们上的阅读思维课
    阅读——智力的“圣殿
    阅读的认知过程
    阅读脑的设计原则品
    人类的大脑如何学会阅读
    个体的大脑如何学会阅读
    大脑无法阅读的情况
    第2章阅读脑与思考的自然史
    人类最早的语言
    文字的第一次突破:象征符号
    文字的第二次突破:楔形文字和象形文字苏美尔人如何教儿童阅读
    从苏美尔语到阿卡德语
    象形文字的发明率
    龙骨、龟甲与绳结:其他早期的奇妙文字
    第3章 苏格拉底反对的“阅读”是否会妨害人的思考
    什么是字母文字
    字母文字是否造就了不一样的大脑
    苏格拉底的抗议
    第二部分 阅读如何改变了我们的思维:阅读脑的发展
    第4章 阅读决定孩子拥有怎样的思维与人生
    从听故事到读儿歌
    我们还可以为孩子做什么
    第5章 阅读者的五大进阶(1)
    开始阅读之旅
    萌芽级阅读者
    初级阅读者
    解码级阅读者
    第6章 阅读者的五大进阶(2)
    流畅级阅读者
    专家级阅读者
    第三部分 不会读的大脑也有高品质的思维:阅读脑的变奏
    第7章 阅读脑的补偿机制
    盲人摸象般的历史
    说读障碍的诸多面貌
    世纪之谜
    第8章 不要错失阅读以外的才能
    阅读障碍者的石脑
    每个孩子都有自己的潜能
    第四部分 让大脑有时间来思考:超越阅读脑
    第9章 网络时代的阅读与思维方式
    对阅读进化的反思
    对阅读自然史的反思
    对阅读障碍的反思:跳出定式思维
    致读者:最后的思考

    前言:大脑天生不会读

    我以研究文字为生:寻找它们隐藏在脑海深处的秘密,探究它们意义与形式的各个层面,然后把这些奥秘教授给年轻人。在本书中,我邀请读者一起思考文字阅读中最深奥的创造特质。我们正加速进入数字时代,在这样一个历史转型期,任何关于智力发展的事都值得我们仔细思量。的确如此,过去从未有哪个时代的研究者能像现在这般深谙阅读过程的繁复之美。通过科学研究,我们越来越了解阅读的益处,然而这些益处似乎又有被新型传播方式取代的危险。审视现况并反思我们需要保留哪些阅读习惯,这将是本书从始至终的讨论主题。
    很久以前,埃德蒙·休伊(Edmund Huey)爵士写过一段让人印象深刻的话,他认为真正了解阅读时大脑的运作过程,会是“心理学家最大的成就,因为这将得以描述人类心灵中诸多错综复杂的运作,解开彼此纠结的现象,揭露出整个文明在历史中最了不起的成就”。
    在当代进化史与认知神经科学等诸多学科的帮助之下,我们累积的关于“阅读脑”( the reading brain)的知识想必会令休伊震惊。我们知道每-种新型的书写系统都从人类千年的历史中发展而来,需要人类大脑的不同适应方式;我们研究阅读发展的诸多层面,从婴儿时期逐渐深入到专家级阅读;我们发现难以学会阅读的大脑,混杂着阅读障碍的挑战与其他方面的天赋,这转变了我们对阅读的理解。综合起来,这些领域的知识彰显出大脑近乎神奇的能力,它可重组自身结构来学习阅读,并且在这一过程中形成新的想法。
    在本书中,我希望引导读者重新思考长久以来被视为理所当然的事情比如儿童自然而然地学会阅读。在我们大脑学习能力的进化中,阅读的行为并不是自然发生的,而且在许多人身上,尤其是儿童,可能会产生奇迹或悲剧性的后果。
    构思这本书需要一整套系统的观点,这花了我好几年的时间来准备。我是一个儿童发展与认知神经学的教师,是一位关注语言、阅读与阅读障碍问题的研究者,也是一个热爱文字的人。我是波士顿塔夫茨大学(Tufts University)阅读与语言研究中心的主管,在那里,同事和我一起研究各年龄层的阅读者,特别是阅读障碍者。
    我们研究全世界各语系中的阅读障碍,从与英语同源的德语、西班牙语、希腊语与荷兰语等,一直到与英语关系较远的希伯来语、日语与汉语我们知道学不会阅读的儿童要付出多大的代价,不论他们的母语是哪一种,不论他们来自贫困的菲律宾社区、美国原住民保留区,还是富裕的波士顿郊区。我们投入许多精力设计新的治疗方案,并且探讨这些方案在课堂教学和个体大脑中的效果。幸亏有脑成像技术的协助,我们可以真正“看到大脑在阅读时的情况,从而比较治疗前后的差别。
    我过去累积的经验、对众多研究项目的理解以及对社会传播模式转型的认识,促使我提笔写下第一本通俗读物。有一点必须在此说明,这本书的许多部分都来自众多学者的研究,但为了顺应通俗读物的写作形式,我不再像学术文献那样–列出注释与参考文献,在这里我真诚地向这些参考文献的写作者表示感谢。
    本书首先介绍文字系统的起源与演变,接着讲述个体阅读脑发展的不同阶段,最后揭示未来我们将要面临的机遇与危险。
    奇怪的是,作者通常会在前言中将自己成书时的最终想法传达给读者。这本书也不例外。不过与其用我自己的语言,倒不如引用玛里琳·鲁宾逊(Marilynne Robinson)在将她最好的作品《基列家书》(Gilead)送给她小儿子时所说的话:“我以最深沉的希望与信念来写出我所想写的一切。我的想法游移,措词也随之变幻,尝试说出真相。而我可以坦诚地告诉你,这真的很棒。

    第一部分 我们是如何学会阅读和思考的:阅读脑的进化

    文字与音乐乃是人类进化过程的轨迹。——约翰·邓恩
    欲了解事物如何运作,最佳途径莫过于了解它的起源。——特伦斯·迪肯

    第一章 普鲁斯特与乌賊给我们上的阅读思维课

    我相信就其本质而言,阅读是一个在全然的孤独之中,仍令 人心满意足的沟通奇迹。——马塞尔,普鲁斯特
    学习本身包含了对天性的培育。——约瑟夫,勒杜

    没有人生来就会阅读,人类发明阅读这项活动也只是几千年前的事情, 这项发明使大脑精密的结构重新排列组合,思维得以延伸,进而改变整个 人类物种的智力进化过程。阅读是历史上最卓越的发明之一,其结果之一 便是让我们有了记录历史的能力。我们的祖先之所以能够发展出这项技能, 是因为人类大脑拥有在已知的结构上建立新联结的超凡能力,经验对大脑 的塑造使得这一过程成为可能。大脑机能的核心是其可塑性,我们因此才 会思考自己是谁,未来又会成为什么样的人。

    本书主要讲述大脑如何进行阅读的故事,同时揭开智力进化的奥秘。 这个故事不断地在我们眼前更迭,在我们指间流转。由于大脑会持续建立新的联结,这种联结将驱使人类的智力发展朝着崭新且多元的方向前进, 于是在接下来的几十年内,我们将见证人类沟通能力的转变。了解阅读对 大脑的要求,以及阅读怎样促进我们的思考、感觉、推理及理解他人的能力, 在今天看来尤为重要,因为我们的大脑正从“阅读脑”向“数字脑”转变。 通过理解阅读的历史演变、儿童获得阅读能力的过程,以及阅读对大脑生 物基本架构的重整方式,我们可以发现人类作为智慧物种所具有的神奇性 和复杂性。这将会明确地告诉我们,人类的智力进化接下来可能发生什么, 以及在创造未来时我们将会面对怎样的选择。

    本书包含3个部分的知识:
    @人类在早期,即从苏美尔时代到苏格拉底时代,是如何学习阅读的;
    @人类生命发展周期中日益复杂的阅读学习方式;
    @大脑学不会阅读的原因,包含科学解说及案例介绍。

    总的来看,本书积累的有关阅读的知识,既展现了人类作为能阅读和 记录的物种所取得的巨大成就,又引导我们注意哪些习惯值得保持。

    从历史和进化的视角研究阅读脑,其中的价值还不能一眼看透。但关 于怎样去教授阅读过程的本质,它提供了一个既传统又新颖的方法:研究 那些能学会阅读的人,也研究那些在阅读方面存在障碍的人。阅读障碍者 的大脑系统组织方式有所不同。理解这些通过基因指令代代相传的独特大 脑系统,将以意料之外的方式扩充我们的知识,同时也暗示我们,新的探 索才刚刚开始。

    在本书的3个部分里,都交织着另一个话题:大脑是如何学习新事物 的。除了阅读,大脑鲜有重塑自身以学会新智力功能的惊人能力。在人 类进化史中一段很长的时间里,大脑中更多的结构和神经回路原本是专 门负责视觉和口头语言等更基础的能力的,阅读使大脑在这些结构上建 立起新的联结。现在我们知道这样一个事实:每当我们学会一项新的技 能,神经元之间便会建立新的联结和通道。计算机科学家们用“开放架构”这一术语来描述该系统:功能非常丰富,可以通过重新 排列来适应变化的需求。在人类基因遗传的约束下,大脑为我们展示了一 个“开放架构”的完美例子。在此设计模式下,我们生来就有能力适应外 部世界的变化,能够超越自然。因为从一开始,我们就注定要有所突破。

    因此阅读脑是“双向互动”理论的典型。我们之所以能够学会阅读, 仰赖的全是脑部可塑性的设计。当阅读发生时,个体的大脑无论是在生理 层面还是智力层面都发生了永久性的变化。例如,在神经元水平上,一个 人学习汉语阅读时使用的特殊神经联结模式,和学习英语阅读的神经联结 模式是完全不同的。当以汉语为母语的读者首次阅读英文时,他们的大脑 会尝试使用基于汉语模式的神经通路。学习阅读汉字的行为塑造了阅读汉语的大脑。

    同样,我们如何思考以及思考什么在很大程度上是基于阅读所产生的 见解和联想。正如作家约瑟夫·爱泼斯坦所言:“每一个 文学家的传记都要详细记录他在何时阅读了什么书籍,因为在某种意义上, ‘我即我所读’。”

    阅读——智力的”圣殿

    阅读脑的两个维度——个体智力的发展和生物学上的进化,很少被结 合起来描述。然而把两者并列来看, 我们会发现很多关键和精彩的启示。 在这本书里,我将以备受世人推崇的 法国著名小说家马塞尔,普鲁斯特为 例,与相对而言无比单纯的乌贼作对 照,从两种截然不同的角度探索阅读。

    阅读脑:不是”专门负责阅读的大 脑”,大脑中并没有生来就负责阅读的区域。阅读脑指的是”阅读中的大脑”,它会在学习阅读的过程中不断发展。

    普鲁斯特将阅读看做智力的“圣殿”,在那里,人们可以接触到众多永 远不能亲临或者不能理解的“另一种现实”,这些“另一种现实”的好处是 不需要读者离开舒服的躺椅,就可以感受到每一个新体验,以及由新体验 带来的心智的提升。

    早在20世纪50年代,科学家们就开始利用中央神经轴突较长、害羞 又狡猾的乌贼,来探究神经元之间是如何激活和传递信号的,以及在某些 情况下,当神经元出错时,大脑如何进行修复和补偿。当代的认知神经科 学家则致力于另一个层面的研究,即大脑中各种各样的认知(或称心智) 过程的运作方式。在此研究范畴中,阅读极具典型性,这种文化产物需要 从大脑已存在的结构中发展出新元素。阅读时大脑如何工作,出现问题时 大脑如何聪明地调整,这些都类似于早期神经科学对乌贼的研究。

    在阅读过程的不同维度上,普鲁斯特的“阅读圣殿”与科学家的乌贼 研究恰好提供了一种互补的模式。为了更具体地介绍本书的思路,我摘抄 了普鲁斯特《论阅读》一书中一段美得令人无法呼吸的文字,请读者以最快的速度阅读:
    恐怕不会再有如童年一般充实的岁月……一本喜爱的书陪伴我们 度过许多时光。仿佛其他一切皆为了阅读而存在,因此我们将所有打扰 阅读的种种,鄙视为对此神圣享受的粗俗妨碍,其中包括:在读到最有 趣的片段时,有朋友找我们出去玩游戏、害我们不得不抬起头或更换姿 势的恼人蜜蜂及阳光、即便到了黄昏天空由蓝转暗时搁在长椅上碰都没 碰的下午茶、到了得回家吃晚餐的时间;遇到这些事时,满脑子只想着 待会儿一定要立刻继续未读完的章节。尽管以上说的例子在那时只让我 们觉得烦人,但是它们却也深深烙印在甜美的记忆之中(现在想来,其 实远较当时深爱的书籍本身更为珍贵)。而若是改天我又重新拾起那时 读过的书本浏览,唯一的原因正是对于那些已经逝去的日子,深深缅怀 所致;在书本的字里行间,多希望能够再次看见孩童时代陪伴我读书、如今却不复存在的池塘与家园。

    首先思考一下,你在阅读上述段落时想到了什么?再试着分析一下在 阅读过程中,你是如何以普鲁斯特为起点进行各式联想的,并且另外还做 了哪些事?如果你和我一样,普鲁斯特会使你想起长久以来贮藏在脑海中 的关于书的记忆:

    为躲避兄弟姐妹和朋友的打扰而藏起来读书的秘密地点;简·奥斯汀、夏洛蒂·勃朗特和马克·吐温笔下惊心动魄的时刻;害怕被父母发 现而躲在被子里看书时手电筒微弱的光线。

    这些构成了普鲁斯特的“阅读圣殿”,也构成了我们的阅读王国。在 这里,我们第一次遨游中土世界、小人国和纳尼亚王国;我们第一次感受 那些永远不会身临其境的经历:王子和乞丐、恶龙和少女、功夫武士,还 有为逃避纳粹士兵躲在阁楼里的犹太小女孩。

    传说马基雅维利在阅读某本著作之前,会打扮成作者那个年代的样子,并为自己和作者准备一张双人桌子。由此可见他对作家 的才华有多重视,也可能是他与普鲁斯特对于“阅读境界”一事,有着十 足的默契。阅读时,我们可以暂时拋下本身拥有的观感,进入另一个个体、 另一个年代或另一个文化。

    神学家约翰·邓恩用“逾越”这个说法来 概括阅读的过程。在这个过程中,阅 读使我们试着去扮演、赞同并暂时进 人另一个与我们自身截然不同的个体的感观世界。当我们体验到一个骑士 是如何思考、一个奴隶是如何感受、一个英雄是如何作为、一个恶棍是怎 样忏悔或否认罪行时,我们很难没有 任何感想。有时候我们深受鼓舞,有时候倍感悲伤,但无论如何,我们的世界的确变得更加丰富多彩。通过这 些感同身受,我们同时理解到思想的普遍性和独特性,我们是个体,但并不孤独。

    逾越:约翰·邓恩认为,所谓的“逾越”现象,乃是当代的新宗教。邓恩对这个过程的描述是,”先是过渡到另一种文化的标准,另―种生活方式,另一种宗教……接下来就是所谓1归返’的过程,带着崭新的洞见归返自己原来的文化、生活方式和宗教”。

    当这一时刻发生时,我们便不再受限于自身的思想范畴。因此无论何 时,一旦“逾越”发生,个体既有的思想界限即受到质疑或嘲弄,进而一 步步地改变。如此一来,延伸的感知会改变对自我的认知,这对孩童来说 尤其重要,因为它改变的是对未来自我的想象。

    阅读的认知过程

    让我们回到之前。当我让你把注意力从本书转到普鲁斯特所写的段落, 尽快地阅读并理解这一段落时,为了执行我的要求,你的心智认知系统从 事了一系列包含注意力、记忆力、视觉能力、听觉能力和语言能力的活动。

    很快,你大脑的专注功能和执行系统开始计划:如何快速阅读并理解 这段文字。接着,你的视觉系统加快行动,快速浏览页面,将搜索到的字 母外形、单词形式和习惯用语等文字信息传递到等候信息的语言系统。这 些系统将包含细微差别的视觉符号和文字蕴含的意义迅速联系起来。在意 识几乎无法察觉的那一刻,你高度自动化地调用英语书写体系中的字母读 音规则,而这需要动用大量的语言处理能力。(作者主要基于英语文字的角度来分析,但原理是相通的,故保留原表述。书中 多处有类似情况。)这就是所谓的“字母原则”, 它依赖于大脑的奇特能力:迅速联系和整合所见、所闻、所知。

    当你将所有这些规则运用于眼前的文字时,你就迅速激活了相关的语 言和理解过程,这一过程运行速度之快至今令研究者惊讶不已。举一个语言领域的例子,当你阅读普鲁斯特所写的这233个单词时,你的语义系统 就调出脑海中你所读到的每个单词可能的意思,找出符合上下文的含义整合到这个文本语境中。这个过程的复杂和神奇远超想象。

    许多年前,认知科学家戴维,斯威尼发现了这样一 个事实:当读到一个简单的单词,如“虫子”(Bug)的时候,大脑不仅仅 是激活了它较常见的意思〔一种爬行的六腿生物〕也激活了使用得较少的其他意思,如间谍、大众汽车和软件漏洞(英文中—词有这些延伸意思)。斯威尼发现大脑不会只为某个单词找到一种简单的意思,而是会激活关于这个单词的大量知识以及与 之联系的众多其他单词。这种阅读语义层面的丰富程度依赖于我们之前储 存的词汇量,这对儿童的成长发育意义非凡,有时甚至有毁灭性的影响。 与那些词汇量和概念比较贫乏的儿童相比,有着丰富词汇的儿童会以一种 完全不同的方式阅读文字和进行对话。

    试着思考一下斯威尼的发现对于阅读不同的文本意味着什么,从如苏 斯博士的幼儿读物《哦,你要去的地方》那样 简单的文本,到像詹姆斯·乔伊斯的《尤利西斯》那样充满语义 复杂性的文本。那些尚未走出自己狭隘成长环境框架的孩童,无论是在理 解譬喻还是文字上的表现,与其他儿童都是截然不同的。我们会将所有储 存的知识运用到所读文本之上。

    如果将这一发现运用于刚刚所读的普鲁斯特的那段文字,那就意味着, 你的执行计划系统指导了一系列活动以确保你领会所读到的内容,并检索 出和文本相联系的所有个人信息。你的语法系统需要持续工作以避免你卡 在普鲁斯特文本中那些不熟悉的句型上,比如他在谓语前用了很多长分句, 并用逗号和分号将它们连在一起。(这里针对的是那段文字的英文原文)为了不致“过目即忘”,你的语义和语 法系统需要与你的工作记忆(这种记忆就像一块“认知黑板”,能暂时存储 稍后要用的信息)紧密合作。如此一来,当我们在读普鲁斯特特殊语法结构 的文字,并将每个单字串连成语义的同时,就能顺利了解全文的整体意义。

    当你将全部的语言形式和概念信息串联起来的时候,你就在自己背景知识的基础上产生了自己的推断和假说。如果这时你还读不懂,就需要重读某些部分,并试着找出符合上下文的意义。接着,当你把所有这些视觉 的、概念的以及语义的信息和自己的背景知识、推理综合在一起后,便能体会普鲁斯特在书中所描述的境界:“神圣的”阅读乐趣,让多姿多彩的童 年岁月永恒不朽。

    许多读者在读完普鲁斯特的文字之后,可能会稍加停顿,超越文本, 进入另一个境界,任思想驰骋。然而,在解读这个比较具有哲学性的问题 之前,让我们再回到生物学层面上,看看阅读行为的表象之下隐藏着什么。所有的人类行为都建立在层层叠加的各种基本活动之上,阅读也不例外。我请牛津大学的神经学科学家兼艺术家凯瑟琳·斯图德利画了一个金字塔图来阐述当我们读到一个单词时,这些不同层级 的生物学活动是怎么协同运行的(见图1-1)

    图1-1 阅读金字塔

    在金字塔的顶端,读到单词“bear”是表面行为,其下是认知层面, 包含着那些阅读所需的专注、知觉、概念、语言能力及神经系统的作用。 这些让很多心理学家终生研究的认知过程,依赖于有形的神经结构,这些 结构由神经元联系而成,并受基因和环境之间互动关系的引导。换言之,所有的人类行为都基于各种认知过程,这些认知过程则基于特定神经结构 中快速进行的信息整合。这些神经结构依赖于数十亿的神经元和上千亿的 神经联结,神经元的活动则在很大程度上受到基因的控制。为了维持人类 各项基本功能的正常运作,神经元需要从基因那里获得指令,在神经结构 中形成有效的神经回路或通道。

    这座金字塔像一幅三维地图,帮助我们理解视觉等受基因控制的行为 是如何产生的。但是它无法解释阅读的神经回路层面,因为在底层没有特 殊的阅读基因。阅读与其组成部分(如视觉和语言)相比,没有直接的基 因编码可以遗传给下一代。因此,个体大脑在开始学习阅读时,必须经由 后天努力重新形成金字塔上面4层所需的神经回路。这使得阅读等文化行 为,不能像视觉和口语一样通过基因编码遗传给下一代。

    阅读脑的设计原则

    那么,首次阅读又是如何发生的呢?法国神经学家斯坦尼斯拉斯·戴哈尼告诉我们:首批发明书写和算术的人类可以通过“神经元再利用”实现这一过程。例如,如果在猴子面前摆放两盘香蕉一个盘子里面放2根香蕉,另外一个盘子里放4根,猴子会直接去抓香蕉多 的盘子。通过灵长类动物实验,戴哈尼发现,在猴子行动之前的瞬间,其大脑后皮质的某个区域就被激活了。人类大脑中的相应区域现在负责数学计算过程。

    以此类推,戴哈尼与其同事们认为:人类阅读时的认字能力运用到了 我们祖先古老的专门用于物体识别的神经回路。更进一步看,我们祖先迅速区别天敌和猎物的能力来源于先天特殊的视觉功能,因此我们认识字母 和单词的能力可能源自更深层次的先天能力,是“特殊化后的特殊化”。

    如果稍微扩展一下戴哈尼的观点,我们不难发现,阅读脑不仅利用了古老的视觉神经通路,同样也利用了将视觉与概念和语言功能相联系 的神经通路。例如:通过脚印的形状能迅速判断出是否有危险;将常见 的工具、捕食者或者天敌同脑海中的词汇联结起来。因此当人类需要发 展出阅读或计算之类的新能力时,大脑便会自动遵循三项巧妙的设计原则:
    @在旧的神经结构中建立新的联结;
    @形成功能高度专门化的各个区域,别信息中的不同模式;
    @学会从这些区域中自动搜集信息。

    这三条建立脑部新功能的原则,正是所有阅读进化、阅读发展与阅读 障碍的基础,尽管在不同情况下有不同的表现。

    精密的视觉系统为我们提供了最好的例子,证明了大脑是怎样再利用原有的视觉神经回路,并进一步发展出阅读能力的。视觉系统的神经元可以变得高度专门化并且能在已有结构中发展出新的神经回路。这一切使新生儿在呱呱落地时,即拥有了一双可以随时工作的眼睛,毫无疑问,眼睛也是精密设计的完美例子。

    视网膜拓扑围构建:人类出生后,视网膜上的神经元与脑部枕叶中的特定细胞群产生一一对应的关系,即视网膜所看见的每一条直线、斜线等都会激活枕叶高度专门化的区域。

    人类出生后不久,视网膜上的 神经兀就开始和脑部枕叶中的特定细胞群产生对应的关系。视觉系统的这一特性被称 为“视网膜拓扑图构建”,简单来说就是视网膜所见到的每一条直线、斜线,以及每一个圆形或弧形都会在瞬间激活枕叶高度专门化的区域(见图1-2)。

    图2-2 视觉系统

    视觉系统的这一特性并不等同于下述情况:我们的祖先克罗马侬人(Cro-Magnon)能够分辨出视野尽头的动物;现代人能够认出400米外汽车的型号;鸟类观察者能够发现燕鸥的身影,而此时其他人什么都没看见。戴哈尼认为,我们祖先大脑内部主要负责物体识别的视觉区域,通过调整内置的识别系统,来破译书面语言中最初的符号和字母。关键在于,为了达到功能调整、专门化或建立新联结等目的,大脑会整合多种遗传功能在视觉区域和负责认知、语言过程的区域之间建立起新的神经回路,这些回路是阅读文字所必需的。

    阅读拓展出的第三条原则——神经回路自动化的能力,包含着前两条原则。这使我们在快速浏览过普鲁斯特的文字后,就能马上理解其中蕴涵的意义。然而冰冻三尺,非一日之寒,大脑不可能在一夜之间就发展出自动化的能力。这种能力不存在于一个初级观鸟者的脑中,也不存在于阅读初学者的脑中。儿童要接触上百次字母与单词,而对于阅读困难的儿童来说可能需要接触上千次,才能建立起新的神经回路。

    辨识字母、字母样式与单词等神经回路得以自动化,归功于视网膜拓扑图构建、物体识别能力,以及脑组织的另一项重要能力:高度“再现”举例来说,当负责辨别字母和字母样式专门化区域中已学过的信息模式。的神经元网络群“同时激活”时,大脑会构建出信息的视觉表征,以便快速提取信息。

    不可思议的是,长期“同时激活”的神经元网络群在眼前没有同样的信息时,仍可重现视觉信息的表征。任教于哈佛大学的认知神经科学家斯蒂芬·科斯林(Stephen Kosslyn)曾经做过一项颇具启发性的实验,实验内容是:在脑部扫描仪的监控下,成年阅读者闭上双眼在脑海中想象不同的字母。

    斯蒂芬·科斯林发现,当想象大写字母时,脑部视觉皮质层视觉区域的某些部分被激活了;当想象小写字母时,被激活的则是该区域的另一些位置。仅仅是在脑海中想象不同的字母,就会激活我们视觉皮质层不同的神经元。在专家级阅读者的脑中,当信息通过视网膜进入大脑时,会有一组专门的神经元来处理字母的各种物理特征,并将这些信息自动提供给其他更深层的视觉处理区域。大脑中的视觉自动化功能是分段、分批式的这使得所有的表征以及处理功能(不只是视觉)都变得极为迅速和轻松。

    从我们第一次接触字母到成为阅读专家,这之间发生了什么,对科学家来说相当重要,因为它提供了一个观察认知过程有序发展的难得机会视觉系统的各种特征包括:旧有的受基因控制的神经结构、模式识别、针对特定表征形成的专门化的神经元工作组、建立多功能的联结回路,以及达到熟能生巧的程度等。阅读发展中需要涉及的所有其他认知、语言系统的原理都和视觉系统大同小异。在进一步详述之前,首先我想强调一点:在每个读者的内心思想与大脑中所发生的事件之间,存在着惊人(却非巧合的一致性。

    就许多方面来说,阅读不仅反映了大脑超越原有设计结构的潜能,同时也反映了读者超越文本或作者所赋予内容的潜能。当你读到普鲁斯特(作者)描述与最爱的书一起度过童年的那段文字时,大脑系统会整合所有的视觉、听觉、语义、句型等信息,而你(读者)则自动将普鲁斯特的文字与你个人的思想及生活体验联系起来。

    我当然无法揣摩出你对于普鲁斯特文本的各种联想,但是我可以描述出我的体会。可能是由于刚刚才参观了波士顿美术馆的“莫奈与印象主义”展览,我发现自己很容易将普鲁斯特描写的回忆里童年美好的一天,与莫奈如何画出自己的代表作品《日出·印象》联系。如果他们准备完成一件生活的完美复制品,他们都会运用生活中点滴的信息来综合演绎出更加生动鲜明的印象。如此,画家与小说家都成了埃米莉·狄更生(Emily Dickinson)谜一般的诗中写的:
    以迂回的方式道出全部真理。

    当埃米莉·狄更生写下这些诗句时,可能从未想过神经回路的问题但是这些句子不仅具有诗的韵味而且又恰巧符合了生理学知识。正如普鲁斯特与莫奈利用间接表达的方法,迫使观众或读者在欣赏作品的过程中投入自身经验,反而能更加直接地体会作品。阅读正是一种神经上与智能上的迂回行为,文字所提供的直接信息与读者产生的间接且不可预期的思绪,都大大地丰富了阅读活动。

    阅读活动:阅读正是一种神经上与智能上的迁回行为,文字所提供的直接信息与读者产生的间接且不可预期的思绪,都大大地丰富了阅读活动。

    当想到我的孩子已经沉浸在谷歌的世界里时,我开始为阅读的独特魅力担忧。当我们的阅读媒介变成电脑文本,瞬间就能接收到大量信息时建构阅读核心的基本元素会不会发生改变,甚至崩解?换育之,当许多数字化媒介能够快速地提供几乎全部的信息时,我们是否仍能具备充分的时间与动机,以更具有推理性、分析性或批判性的态度,来处理这些信息?

    在这种背景下,阅读活动会不会产生戏剧性的变化?虽然基本的视觉语言过程是完全一致的,但是在理解过程中需要更多的时间、检验、分析以及创造的部分,会不会受到忽视?打开超链接所得的额外知识,是否有助于儿童思维的发展?当儿童逐渐掌握执行多重任务的能力以及整合大量信息的能力时,他们是否仍能保存人类的建构式阅读习惯?对于各式各样的阅读模式,我们是否应该开始提供明确的指导方法,以确保孩子能以多元的途径处理信息?

    在这些问题中我渐渐地迷失自己,但是阅读也往往会让我们迷失。这么说完全没有贬意,只是想表现阅读的另一项衍生出来的核心特质。达尔文在150年前发现了造物的奥秘,即“无限”形式从“有限”原则演变而来:“肇始于微,进化于斯,无限形体,美好至极。”文字也是如此。无论是生物学上还是心智上,阅读都会促使我们“超越信息的束缚”,创造出无限美好的思想。人类学习、处理以及理解信息的方式正处于历史的转折点但是我们绝不能丢掉阅读的本质特征。

    诚然,阅读者与文本之间的关系,在不同文化和历史时期中也不相同。古往今来无数人读过《圣经》这样的神圣书籍,他们可能按具体的、字面的方式解读,也可能是从衍生的、说明性的角度来理解,数以万计的生命可能因此改变。马丁·路德(Martin Luther)将拉丁文版的《圣经》翻译成德文,让普通大众都可以读到,并从自己的角度来理解,这对宗教的历史产生了深远的影响。正如某些历史学家所观察的那样,随着时间的推移文本与读者之间的关系,可视为人类思想史上的一个重要索引。

    然而本书的重点还是以生物学和认知神经科学为主,而非人类的文化就此看来,阅读时生成新思想的能力与大脑神经回路的可塑性相辅相史。成,两者共同辅助我们超越文本内容的限制。由此能力生成的丰富的联想力、推理力、领悟力启发人类超越所读,形成新的思维。从这个意义上去理解,阅读不仅反映而且重演了脑部认知能力发展历程中的重大突破。

    普鲁斯特对此已经讲过很多,对于能够启发我们思维的阅读能力,他自有一番或许拐弯抹角但却独到的见解:
    我们应能由衷体会,读者的智慧始于作者写作之终了。当我们渴望作者能够给予我们答案时,他能给的却只是更多的渴望。而他只有竭尽所能发挥他的艺术,让我们的思绪陷入作品里崇高的美好,他才能在我们身上挑起这些渴望。不过……规则可能意味着我们无法由任何人那里获得真相,我们只能创造真相;这是作者智慧展现的终点,也是读者智慧展现的起点。

    普鲁斯特对于阅读衍生性的思考,其实是矛盾的:阅读的目的在于超越作者的想法,产生自主的升华的思想,最终完全脱离文本。从儿童费劲地破解第一个字母开始,阅读经验不再只限于阅读行为本身,而是成了我们转变思想的最好工具,并且,在生理和智力上都将切实“改造”我们的大脑。

    总之,阅读带来了生理和智力的改变,这仿佛是一个具有非凡意义的培养皿,让我们能检验自己的思维方式。这项检验需要多种视角——古代及现代语言学家、人类学家、历史学家、文学家、教育家、心理学家及认知神经科学家等,以不同的角度进行研究。本书主旨在于融会贯通这些学科的论点,并提出三项新的观点:
    @ 阅读脑的进化(人类的大脑如何学会阅读);
    @ 阅读脑的发展(个体的大脑如何学会阅读);
    @ 阅读脑的变奏(大脑无法阅读的情况)。

    人类的大脑如何学会阅读

    让我们从苏美尔、埃及以及克里特岛这些书面语言的神秘起源地说起。在这些起源地中,我们发现了苏美尔人的楔形文字、埃及人的象形文字以及克里特岛人的原始字母文字。我们的祖先每发明一种重大的书写系统,大脑都需要进行些许调整,这也解释了为何上述的早期文字与古希腊人发明的意义重大且近乎完美的字母文字之间,时间相差了2000年之多。

    普鲁斯特与乌贼:普鲁斯特把阅读看做个体智力的圣殿在书本面前,我们“身未动,心已远”;认知神经科学家却把阅读比做乌贼学游泳,畅快淋漓的行动之下是复杂而精密的神经活动。

    字母规则在根本上呈现出了人类祖先深邃的洞察力,口语中的每一个单词都由一些有限的独立音位组成,而这些音位又可由一组有限的独立字母来表示。随着时间的流逝,我们发现这套看似单纯的发音原则是非常具有革命性的,因为它提供了这样一种可能性:每种语言的每一个口语词都可以被转换为文字。

    阅读史上有个很少提及的故事,苏格拉底竭尽所能地发挥他传奇性的口才,来反对发展希腊字母文字及其读写能力。在今天看来,苏格拉底很有先见之明,人类从口语时代转变到文本文化后确实遗失了一些东西。柏拉图对此沉默地抗议,他以文字记录下苏格拉底的每一句话。苏格拉底的反对格外契合当今我们的环境和心理,因为我们和孩子们正在从文本文化过渡到充斥着视觉影像与数字信息的时代,正在经历着同样的反对与妥协的过程。

    个体的大脑如何学会阅读

    有几种令人深思的关系,联结了人类书写的历史和儿童阅读的发展。首先,人类经历2000年之久,才实现了认知能力的突破,学会阅读字母表而现在的儿童只需大约2000天就学会了同样的知识。其次是一个为学习阅读而不断进行“重组”的大脑,有什么进化及教育学上的意义。没有特定的基因组直接负责阅读功能,我们的大脑还需要在负责视觉和语言的原有结构间建立联结去学习阅读这项新的技能,因此每一代的每一个儿童都需要重复大量的工作。

    认知科学家史蒂芬·平克(Steven Pinker)信誓且日地表示:“儿童天生就会辨认声音,然而文字是额外的需求,他们需要努力地学习才能把它们都读懂。”为了获得这项非天赋的技能,儿童需要一个全面的阅读教育环境,这样他们大脑中负责阅读的神经回路才能得到充分开发。但是目前的教学方式与该设想背道而驰,顶多只关注阅读的一两个层面。

    要理解自婴儿时期直至青少年时期的阅读发展,必须先理解阅读脑中所有的神经回路及其发展情况。假设有两个差不多大的孩子,他们都必须掌握成千上万个词汇和概念、数以千计的听觉及视觉认知,这些都是建构阅读的基本元素。但是由于他们生长环境的差异,其中一个儿童能掌握这些基本元素,另一个却不能。孩子本身并没有错误,但每一天都有许多儿童的学习需求无法被满足。

    最开始的阅读学习发生于幼儿期,那是我们躺在父母的怀抱里听故事的时候。事实证明,5岁以下的儿童听故事的频率会影响他们将来的阅读能力。给孩子提供丰富的语言环境或文本环境的家庭,与没有或是无法提供这种环境的家庭,形成了社会的两种阶层,然而很少有人关注这种隐性的阶层差异。一项著名的研究发现,在学龄前的小朋友们中,来自语言贫乏家庭的儿童与来自语言丰富家庭的儿童相比,他们接触到的词汇量差距大约是3200万。换言之,某些环境中,5岁以下的中产阶级家庭的儿童比来自贫困家庭的儿童,平均多接触3200万的词汇。

    在人学前已经听过、用过数以千计的词语,并能在大脑中理解、分类、记忆这些词语意义的儿童,人学后一定感到游刃有余。反之,另一群没有听过父母讲故事、没有听过儿歌、没有想象过与龙搏斗或与王子结婚的孩子,人学后经常会有挫败感。

    认识阅读活动发生的前兆,可以改变这种状况。在新科技的帮助下现在我们可以直接观察儿童学习阅读的过程,从解读一个词语,如“猫”开始,到流畅轻松地理解如“麦非斯特猫一般狡猾”一般复杂的句子,这中间发生了什么事情。我们发现人在生命周期中要经历一系列可预知的阅读阶段,这些阶段显示出初级阅读者与专家级阅读者的大脑有着不同的神经回路及其他必备条件,这些条件帮助专家级阅读者畅游《白鲸记》及《战争与和平》的世界,或是理解逻辑缜密的经济学书籍。

    随着时间的推移,我们关于大脑如何学习阅读的知识逐渐积累,这有助于我们预测、改善甚至预防一些原本未必会发生的阅读障碍的情况。如今,我们在阅读方面具备了充分的知识,不仅可以诊断出绝大多数幼儿园儿童是否有阅读障碍的风险,更可以教导已经出现困难症状的幼儿学会阅读。然而,这些积累的知识同时也突显出新的问题:数字化时代对大脑提出新的不同的要求,同时我们也不希望失去阅读脑的已有成就。

    大脑无法阅读的情况

    研究阅读障碍,有助于我们从另一个角度理解阅读行为。从自然科学的角度来看,阅读障碍之于人类,有点类似于游泳障碍之于小乌贼。这类天生有游泳障碍的乌贼,不仅让我们明白了学会游泳必须具备哪些条件,也使我们了解如果没有游泳这项独特的天赋,这些乌贼如何和其他乌贼样繁衍生存。

    我与我的同事采用了从字母测验到脑成像等多种研究方法,希望理解为什么许多儿童患有阅读障碍。我的大儿子也是这样,他除了阅读障碍的症状之外,在一些简单的语言行为上也有困难,例如他无法区别单词里的音素,也无法在看到某种颜色时立刻说出其名称。现在我们可以追踪正常儿童与阅读障碍儿童在进行各种行为时的大脑活动情况,分别建立动态的脑部影像。

    这些脑部影像每天都为科学家们带来新的惊喜。随着脑成像技术的进步,对阅读障碍者大脑的研究有了新的前景,特别是在干预治疗(intervention)方面的应用。这些成果有可能帮助许多原本无法对社会做出贡献的患者。将正常儿童的发展与阅读障碍者的发展相比较,能够帮助无数阅读障碍的儿童恢复潜在的能力,重拾生活的希望。

    (脑成像技术:在计算机等现代设备的辅助下,”看见”大脑在人做出反应、进行思考或想象时的情况的技术。常见的脑成像技术有计算机断层扫描、磁共振成像、正电子成像术。)

    关于阅读障碍者的大脑可能具备哪些特殊优势的问题,目前仍处于令人兴奋的早期研究阶段。但是许多发明家、艺术家、建筑学家、电脑设计师、放射学家或金融学家在童年时期都有过阅读障碍,这是毋庸置疑的事实。发明家托马斯·爱迪生、亚历山大·贝尔,企业家查尔斯·施瓦布大卫·尼尔曼,艺术家列奥纳多·达芬奇、奥古斯特·罗丹,以及诺贝尔奖得主医学家巴茹·贝奈赛拉夫等杰出人士,在儿童时期都出现过阅读障碍或者阅读困难的症状。

    某些阅读障碍者在设计、空间技能、模式识别等领域具备无可比拟的创造力,这些创造力与他们的阅读障碍之间有何关联呢?阅读障碍者的大脑结构,在比较注重建筑和探险能力的史前时代,是否更适合生存?阅读障碍者是否更容易适应视觉与科技主导的未来世界?现今最先进的脑成像与基因研究,是否能清晰描绘出阅读障碍者大脑的特殊构造,并最终解释这些已知的缺陷,以及各种正渐渐被发现的特殊天赋?

    上述关于阅读障碍者大脑的疑问,不但有助于回顾我们进化的过程也有助于展望符号发展的未来。许多年轻人选择以需要“持续部分注意力(continuous partial attention)的网络多元化文化取代书本原有的地位,他们将会获得什么,又会失去什么?无限信息时代对于阅读脑的进化有何影响,对人类的进化又有何影响?信息爆炸对原本需要时间才能形成的全面深刻的知识而言,是不是一种威胁?

    近年来,撰写科技文章的作家爱德华·特纳(EdwardTenner),曾经质疑过谷歌这样的搜索引擎是否促进了“信息文盲”(information illiteracy的出现,这种学习方式是否会有意想不到的负面结果?他说:“若科技的光辉最终威胁到了创造它的智慧,这是多么使人羞耻的事情!”

    反思上述问题,我们会更加珍视人类通过文字发展出的各种智慧的价值。我们不愿丧失这些技能,即使它们可能被其他技能取代。本书分为三部分:两部分是科学研究,一部分是个人的观察,我尽可能以各种事实来证明,为了我们自己,也为了后代,我们迫切需要保存阅读发展的独特功能。我们已经不需要像柏拉图那样,在口语与文字两种交流方式之间左右摇摆;只是当新的维度加人智力发展的行列中时,我们必须警惕,不能失去阅读脑这项意义深远的传承。

    然而,和普鲁斯特一样,在已有知识的王国里,我只能带领读者走这么远。本书的最后一章将会超越现在我所知的信息,进入一个充满直觉与猜想的世界。在这场探索阅读脑的旅程的终点,希望每位读者都能体验并超越这个奇迹,这个每当人们阅读时都必然发生的认知奇迹。

    第2章 阅读脑与思考的自然史

    因此我雄心勒勃地从自己作为读者的个人历史开始,逐渐过 渡到阅读行为的历史,更确切地说是阅读的历史。许多事物的历 史都是由特定的社会习俗及不同的个人情况组成的,阅读史也不例外。 ——阿尔维托,曼古埃尔
    书写的发明堪称人类智力的最高成就之一。它多次独立发生 于不同地点、不同时代,甚至偶然还会发生于现在。没有书写, 今日我们所熟悉的文明,将成为难以理解的天方夜谭。 ——曾志朗、王士元

    一万多年前,书写以各种各样的形态出现在地球的各个角落:表面覆 以坚硬黏土的小小代币、印加文明中错综复杂的染色绳结(见图2-1)、龟甲表面的精致图案等。最近在南非布罗姆斯洞穴中的岩石上发现了约77 000年前留下的交叉符号,这有可能是人类从事“阅读” 的最早遗迹。

    图2-1 印加文明中的结绳文字

    无论阅读从哪里开始,在何时发生,阅读绝不是“突然发生的”。阅读 的故事伴随着人类重大的文化变革,反映了一系列认知和语言上的突破性 事件。它多姿多彩且间歇性的发展历史,揭示出大脑在进行每一次突破时 必须要做的努力。此外,这不仅仅是我们学会阅读的历史,也是大脑原有 结构以不同方式适应不同形式书写系统需要的历史,因此也是我们思维方 式改变的历史。从现代我们逐渐演变的交流方式来看,为什么每种新的书 写系统都对人类智力的发展产生特定的影响,阅读的故事为此提供了独一 无二的记录。

    纵观古今中外的书写系统,文字之成形通常有一些先兆:
    第一类是“符号表征”,其抽象程度远 远高于人类早期的绘画一令人惊讶的是,这些刻在黏土、石头或龟甲 上的简单线条,不仅能代表绵羊等大自然中的具体事物,而且能代表数 量或神谕等抽象意涵。
    第二类预兆是明白符号系统可以跨越时空,保存个体或整个文明的 思想。
    第三类预兆是发音与符号的对应关系,这个将语言抽象化的发明并非普遍存在于所有文字系统,然而此发明却使得所有单字都可以由更小的发音单位组成。同样, 每个符号也都对应着一个单字的部分发音。

    我们的祖先在书写系统上的突破性发展,为我们提供了一面特殊 的镜子,使我们更清楚地审视自己。正如神经科学家特里,迪肯所言,了解每个事件的起源能够帮助我们了解它如何运作,进而 认清我们拥有什么,又需要去保存什么。

    人类最早的语言

    历史上有不少君主曾经试图找出地球上最早的语言是什么,以下两个 故事就是其典型例子。

    古希腊作家希罗多德曾告诉我们:埃及法老普萨美 提克一世(公元前664年至公元前610年),曾下令将两 位婴儿隔离在牧羊人的小屋里,除了每天负责送食物及牛奶的牧羊人 之外,不准他们接触其他人类,也不许他们接触任何人类语言。普萨 美提克一世认为从这些婴儿口中说出的第一个字,就是人类最早的语言——一个聪明的假想,可惜是错的。终于,其中一个婴儿哭喊着说出”bekos”,在弗里吉亚语中的意思是“面包”。此故事使许 多人长久以来都坚信,在安纳托利亚西北地区使用的弗里 吉亚语是人类最早的语言,即”原始语”。
    几个世纪以后,苏格兰国王詹姆斯四世进行了类似的实验,结论不同却十分有趣:苏格兰的婴儿”说了一些希伯来文”。而在欧洲大陆,霍亨斯陶芬王朝的弗雷德里克二世以更多新生儿为样本又做了一遍同样的实验,不幸的是, 由于实验过度严苛,婴儿们还没开口就死了。

    关于哪一种语言才是最早的语言,我们可能永远无法做出权威的论断, 更不用说争议性更大的“最早的文字”。然而要回答文字的发明只有一次还 是有许多次,就容易许多。本章将通过追踪几套特定的书写系统,来探讨 在公元前8000年到公元前1000年的漫长时间内,人类如何学会从小小的代币或“龙骨”上阅读信息。在这段耐人寻味的历史背后隐藏了一个事实, 那就是大脑不断的调整与改变。每一种新文字的发明,都将使书写系统变 得更为错综精细,脑部神经回路因此重新排列组合,从而引导人类智力的 发展和思考能力的伟大突破。

    文字的第一次突破:象征符号

    仅仅是看着这些小碎片,就能够将我们的记忆延伸至太古之 初,即使思想的创造者早已终止思想,思想本身仍继续着。我们 参与了创造,并且只要刻下的图案有人看见、解释或阅读,这创 造便永远不朽。 ——阿尔维托,曼古埃尔

    在偶然发现了一些比铜板还小的黏土碎片后,现代人迈出了探索文字历史的步伐。现在这些黏土碎片被称为“代币”,其中一部分以黏土为外壳, 刻上记号来代表内容(见图2—2〉。现 在我们确认了这些碎片的使用可以追 溯到公元前8000年到公元前4000年 间,它们是古代世界里许多地方都会 使用的一种记数系统。这些代币最初 用来记录货物买卖的数量,比如买卖了几只羊、几瓶酒等。这项略带讽刺意味的事实说明,人类认知能力的增 长可能开始于黏土壳上的数字世界,随后才发展至文字世界。

    代币:代币上的象征符号是文字的前身。最初的象征符号是用来记录货物买卖数量的,人类认知能力的增长可 能开始于代币上的数字世界,逐渐发展至文字世界。

    图2-2 代币

    与此同时,数字及字母的发展也带动了古代经济与我们祖先的智力技 能的发展。有史以来第一次,人类终于可以在现场没有羊或酒的情况下, 计算货物交易。新的认知能力使得信息储存及永久记录这一文字出现的预 兆变成现实。举例来说,与近来在法国和西班牙发现的洞穴壁画一样,代 币系统反映了人类出现了新的能力一象征符号的运用,主要体现在视觉 系统能够辨认出代表具体实物的符号。

    除了认知语言系统,大脑必须建立新的联结,人类才能开始阅读符号。 于是大脑在原本已经建立的视觉、语言、概念等脑神经回路上,发展出新 的神经联结及视网膜拓扑通路,把眼睛和特殊的视觉区域联结起来,然后 指派此区域负责“阅读代币”。

    虽然我们无法对阅读代币的祖先进行脑部扫描,然而以现在对脑部功 能的了解,我们足以对他们的大脑做出精确的推测。神经科学家马库斯·莱 切尔、迈克尔·波斯纳和莱切尔在华 盛顿大学的研究团队曾经做过一系列具有开创性意义的实验:运用脑成像 技术,观察被试在看到一连串有意义或无意义的符号时,大脑是如何运作 的。试验中被试分别被安排看了无意义符号、有意义符号组成的字母、无 意义单词及有意义单词这4种不同的符号材料。

    虽然这项研究是为了其他目的而设计的,但是其结果让我们得以一窥 人类面对抽象难解的书写系统时大脑内部发生了什么。无论是数千年前,抑或是现代的大脑,其中的道理都是一样的。

    莱切尔的团队研究发现,人在看到没有意义的符号时,只有大脑后方枕 叶有限的视觉区域会被激活,此发现在某种程度上为前面提及的“视网膜拓 扑图构建”理论提供了范例。视网膜的细胞会激活枕叶区域一群特定的细胞, 这群特定的细胞与彼此独立的视觉特征,如直线和圆圈等,一一对应。

    但是如果要将这些直线和圆圈解读成有意义的符号,大脑则需要建立 新的路径。正如莱切尔的实验所显示的,出现有意义的“真词”时脑神经 的激活程度是看到无意义符号时的两到三倍。想要理解更复杂的阅读脑的 活动,应先从熟悉“代币阅读脑”的基本神经路径开始。

    我们的祖先之所以能够阅读代币,是因为他们的大脑能够将负责基础视 觉功能的区域与较为精密的视觉区以及概念处理区相连接。这些负责精密功 能的区域邻近枕叶的其他区域,以及毗邻的颞叶和顶叶区。其中颞叶区域与 听觉及语言处理活动息息相关,有助于我们理解词汇。而顶叶参与一系列与 语言相关的活动,同时也参与空间与运算功能。当代币这类视觉符号被赋予 意义时,大脑已将基础视觉区与语言及概念处理系统联系了起来,同时也联 结到了视觉、听觉的专门化区域,组成“联合区”。

    因此,即便是小小代币这样的象征符号化也开发和扩展了人类大脑最 重要的两项功能:专门化的能力,以及在联合区建立新联结的能力。人类大脑和其他灵长类动物大脑的一个最大的区别在于联合区占整个大脑区域的比重。为了能阅读符号,这些联合区不仅要承担更多的感官信息处理过 程,同时还要建立起供将来反复使用的信息的心理表征这种表征能力对于符 号的应用和我们的智力发展都非常重 要。从猛兽的脚印、代币符号这样的 视觉图像,到老虎的咆哮、单词发音 这样的听觉信息,表征能力能够帮助 我们迅速回忆并检索储存在大脑中的 各类表征。

    心理表征:信息或知识在心理活动中的表现和记载方式。心理表征是外部事物在心理活动中的内部再现,一 方面反映客观事物,另一方面又是心理活动进一步加的对象。

    此外,表征能力还为我们的进化奠定了好基础,使我们能够自动化地 辨认与我们相关的一切信息形式。这使得人类成为辨认各种感官信息的专 家,无论是长毛象的足迹还是买羊用的代币,都是小菜一碟。

    阅读符号要求我们的祖先具备更多的视觉专门化功能,而最关键的是 将视觉表征与语言、概念信息建立联系。大脑枕叶、颞叶、顶叶交界处的角回是联系不同感官信息的理想位置,杰出的行为神经学家诺曼·格施温德称其为“联合区中的联合区”。 19世纪的法国神经学家约瑟夫-朱尔斯·代热林经观察发现,一旦此区域受伤,即会造成读写能力的丧失。麻省理工学院的约翰·加布里埃利与加州大学洛杉矶分校的拉斯·波尔德拉克这两位当代的神经学家也通过脑成像的研究考现,当孩童发展阅读能力时,无论是从角回区域传出还是传导至角回的神经回 路都会被强烈地激活。

    从莱切尔、波尔德拉克及加布里埃尔的研究中,我们可以推断出人类 祖先最初“代币阅读能力”的生理构造基础,可能就是在角回与邻近一部分的视觉区之间产生的新而微弱的神经回路联结。若是戴哈尼没错的话,新的联结还涉及负责处理数字的顶叶,以及负责物体识别的颞叶及枕叶的 部分区域,也就是大脑皮层分区系统中的37区(见图2—3)。

    图2-3 第一个代表阅读脑的结构

    最初使用代币的时候,虽然脑内建立的联结只是一个基本的雏形,却 是人类在阅读方面最早的突破。通过教育下一代使用更丰富的象征符号, 我们祖先把与大脑能力相关的知识传递下去,逐渐调整、改变大脑结构, 促使它做好阅读的准备。

    文字的第二次突破:楔形文字和象形文字

    你可曾注意过Y这个字母就像一幅画?你可曾注意到它蕴 藏着许许多多含义?它可以代表树、岔路口、两条相交的河流、 驴子或公牛的脑袋、高脚玻璃杯、带柄的百合花以及高举双手的 乞丐等。对Y的观察也可扩展到所有由人类发明的字母元素。——维克多·雨果

    公元前3300年到公元前3200年间,发生了阅读史上的第二次突破: 苏美尔人的铭刻记号发展成为楔形文字,同时,埃及人使用的符号也演变 成象形文字。虽然现在仍在争论苏美尔人与埃及人是不是这两个书写系统 的发明者,但毫无疑问的是,苏美尔人创造出了一种最早的令人敬仰的文 字系统,它持续影响了整个美索不达米亚平原的阿卡德语系“楔形”—词源于拉丁文的意思是“钉子”,借以描 述苏美尔人的文字貌似钉子。苏美尔人利用芦苇尖端在柔软的黏土表面刻 下的字迹,对没有受过这种教育的人来说,看起来颇似鸟爪的痕迹(见图 2―4〉。

    这些形状奇怪的书写系统的发现年代距今不远,当时不少勇敢的语言学家都去研究文字的起源。最为当代语言学家津津乐道的是19世纪的一位 军人兼学者亨利·罗林森。罗林森曾经冒着生命危险,到现今的伊朗研究楔形文字,为了复制刻在悬崖上的最早一批苏美尔人文字,他用绳索把自己吊在离地面90米高的半空中。

    图2—4 楔形文字

    幸运的是,另外5 000多块刻有楔形文字的泥板能以比较轻松的方式 获得。在许多苏美尔文明的遗迹如宫殿、庙宇或仓库中都可以发现这些文字,它们的发明和使用主要是为了满足政治和会计方面的需求。

    古代居住在底格里斯河与幼发拉底河交汇的三角洲一带的居民,对于他们文字的起源,有着一个浪漫的传说。在一首史诗中有这样的描 述:库拉布国王派遣一位使者带着重要的信息前往远方的国 家,他担心使者到达时会因太过劳累而说不清这些重要的信息。为了保 证信息的传达,库拉布国王“拍打黏土,这些信息便一字不漏地留在泥 板上’ 文字因而诞生。然而,苏美尔人对于为何有人可以解读库拉布 国王的文字,并没有交代清楚。

    不过苏美尔人的楔形文字确实是书写系统演进过程中的一个里程碑。这是一套真正的书写系统,它暗示了书写者、阅读者以及教学者大脑中逐 渐出现的认知技巧。尽管楔形文字比代币的复杂度要高出很多,但最初的 苏美尔文字其实还只是象形的(仿照物体形状呈现的图像),只比代币多一点点抽象的成分。因此,这些象形文字很容易被视觉系统识别,需要的只是与口语中的物体名称进行匹配。

    观察世界上众多的书写系统和数字系统中所运用的符号与字母后,神 经学家戴哈尼发现,许多符号与字母的形状或特征有很高的相似度,且大 都取材自自然界或是我们世界中的各种物体形象。法国作家雨果则认为所 有的字母都源于古埃及的象形文字,而这些象形文字又是通过模拟自然界 中的河流、蛇或百合花的茎等物体形成的。文学家与科学家之间不谋而合 的推论虽然仍有争议,却也说明了为什么从一开始大脑就能学会辨认字母。 在戴哈尼的进化观点中,利用外部世界的已知形状创造出早期的象形文字 符号,其实是“再利用”了大脑内部负责物体辨识以及命名功能的神经 回路。

    但是苏美尔文字的简单形态并没有维持多久,在出现后的短时间之内,本就十分神秘的楔形文字的复杂程度又大大增加。符号快速发展,象 形的成分逐渐消减,而标记化和抽象化的成分则逐渐增加。这种意符文字可直接表达苏美尔人口语中的概念,但尚无发音单位的出现。 随着时间的流逝,苏美尔文字中的许多符号渐渐可以代表苏美尔人口语里的部分音节,这种有双重功能的文字系统,语言学家称之为“意音文字” 或“语素音节文字”。文字系统发展至此,对人类大脑功能 的需求又大幅增加。

    楔形文字:由苏美尔人创造,因其笔画形状像钉子而得名。楔形文字是人类历史 上最早出现的文字系统之影响了当时整个美索不达米亚平原的语言文化。

    事实上,为了实现文字系统的双重功能,必须在苏美尔人阅读大脑的 神经回路上建立起交叉回路。首先,视觉区及视觉联合区里必须增加更多的神经通路,以对上百个楔形文字进 行解码。在视觉区域做出这种调整, 就像在电脑中增加内存条。其次,语 素音节文字的概念处理不可避免地需 要更多认知系统的参与,因此,需要 在枕叶的视觉区、颞叶的语言区及额 叶区增加更多的神经联结。额叶区之 所以参与其中,是因为它在分析、计划、焦点注意等方面的“执行能力”,这些能力对于处理词语中的短促音节, 以及人类、植物、神殿等语义类别来说是必需的。

    对我们的祖先来说,专注于词语中的各种语音模式是一种崭新的体验, 是智慧的产物。当苏美尔人需要创造更多的词汇时,他们在文字中利用了 语言学的“假借”原理,即用一个单字(如:鸟)表示发 音,而非意义,这正是音节的发明。如此一来,“鸟”这个字即被赋予双重 任务:既可以表示语义,也可以表示发音。显然,要区别同一个字的两种 功能,需要新功能的介入,包括发音的标示,或语义的分类。反过来,要 同时记忆语音和语义,需要更多复杂精细的大脑神经回路。

    有两个方法可以帮助我们揣摩苏美尔人的大脑结构。首先,让我们 回想一下莱切尔团队的研究,他们探索的是当词汇被赋予意义时,大脑 内部如何工作。举例来说,研究团队给被试一个无意义的假词mbli也和一 个有意义的单词limb(四肢),两者的组成字母完全相同,但是其中只有 一种排列具有意义。结果显示,被试看到两个词时,大脑视觉区都会被 激活,但在进一步辨认时,假词对视觉联合区的激活程度较小;而真词 则令大脑变得非常活跃。看到真词后,大脑的处理系统开始工作:视觉 区与视觉联合区对视觉模式,或称其“表征”,产生反应,然后额叶、颞叶、顶叶将词语中最小的发音单位,即音位,转换为信息提供 给大脑,最后颞叶与顶叶的部分区域联手处理词语的意义、功能以及与其 他相关词的联想。

    因此,尽管假字与真字组成字母完全相同,但动用到的大脑皮质区相 去甚远,几乎差了半个皮质。由此可见,第一批楔形文字或象形文字的阅 读者,不论是苏美尔人还是古埃及人,毫无疑问都使用了上述大脑区域的 一部分。就像他们当时创造这两套最初的书写系统的时候,两者势必运用 了重叠的大脑区域。

    而第二个得以窥见苏美尔人阅读脑构造的方法是,由具有相似结构且 至今仍极具生命力、蓬勃发展的汉字系统着手。汉字同样是从象形文字演 变至语素音节文字的典范,同样运用了语音及语义标记来区别符号的不同功能,最重要的是它有充足的脑成像样本可供观察。语言考古学家兼汉字 专家约翰·德弗朗西斯在把汉字与楔形文字进行比较后 发现,尽管两者有些许的差别,但是也有很多类似的元素,因此把它们都归类于语素音节文字系统。

    因此中国人的阅读脑(见图2—5)为我们提供了一个现代的、比较合理的类似于古代苏美尔人的阅读脑结构的范例。广泛分布的神经回路,取 代了代币阅读脑的小范围神经联结,这种新的调整要求视觉区与视觉联合 区在大脑的左右半球覆盖更多的表面区域。不同于其他的书写系统(如字母表),苏美尔语和汉语更多地涉及右脑,众所周知,右脑能更好地提供阅读表意文字所需的空间分析能力及整体处理能力。表意符号数量繁多,对视觉要求极为严格,它们不仅需要大量的视觉区域,大脑内负责识别物体的枕叶——颞叶区(37区)也同样重要。戴哈尼推测该区域是认识文字时“神经再利用”的主要区域。

    图2-5 “语素音节文字阅读脑”的结构

    虽然所有的阅读行为都或多或少地使用额叶、颞叶区规划分析词语的 语音及语义,然而阅读语素音节文字会激活大脑额叶和颞叶一些特殊的区 域,尤其是专门负责动作记忆的区域。匹兹堡大学的认知神经科学家谭力海和查尔斯·拍费提及其研究团队提出了一个重要的 观点:这些动作记忆区域在阅读中文时比阅读其他文字时更为活跃,因为年幼的初级阅读者就是通过反复书写来学习汉字的。而这也正是苏美尔人 学习楔形文字的方法,在一个小小的泥板上,一遍又一遍地练习。接下来 要谈的历史,可证明“此言属实”。

    苏美尔人如何教儿童阅读

    苏美尔人会将单字一行行地记录在小小的泥板上,让所有的孩童读出 来。这件事在人类智力发展史上看起来似乎微不足道,实则不然。因为教 学不仅要求老师对内容本身有扎实的知识背景,同时也要对其所教内容的 学习情况进行深入分析。此外,好的教学过程能从多元的角度将复杂的课 程,如特性复杂的文字系统,更清晰地传授给学生。因此,逐步地学习如 何进行最早的文字教学,促使世界上最早的文字教育者,身兼语言学家的 角色。

    来自特拉维夫大学的亚述研究专家尤里·科恩,近来在分析古老史料后,发现苏美尔人的学生要经过漫长的时间才能学会读写,他们必须在 “泥板屋”学校花费数年才能学会读写 技能。

    亚述:古代西亚奴隶制国家。位于底格里斯河中游,属于闪米特族的亚述人在此 建立亚述尔城后逐渐形成贵族专制的奴隶制城邦。

    “泥板屋”一词,暗示了苏美尔人的基本教学方法:教师会先把一 些楔形文字符号写在泥板上,接着学生必须在另一面模仿其写法。新生 还同时学习阅读含有表意符号及语音信息的文本,有时一个字里就有这 两种信息。如果想流畅地理解这些楔形文字,年轻阅读者必须具备丰富 的背景知识、训练有素的自动化技巧以及相当高的认知灵活度,这些需要数年的练习。最近新发现的练习泥板上描绘了学生的悲惨生活。他们 和老师待在一起的每一年都十分痛苦,经常重复书写这样一句话:“他 用鞭子打了我。”

    最让人惊讶的还不是频繁的鞭刑,而是这首批阅读指导老师使用了高 度分析性的语言学规则,这些规则在任何时代都是实用的。尤里·科恩观 察发现,初级阅读者学习词汇表时已经运用了一些特殊的语言学原则。有 些词汇表是用来教导不同的语义类别的,每一类都有特殊的标记。

    后来苏美尔人把音节符号纳入书写系统中,又出现了另一类依据发音 来分类的词汇表。这意味着苏美尔人在对语音系统进行分析,这也是现代以语音为基础的阅读训练的重点。20世纪的教育者还在为阅读该从发音教 起还是从意义教起争吵不停,而很久以前的苏美尔人在教育体系中已经同 时釆用了这两种方法。

    苏美尔人教学方法的另一项重要贡献是促进了认知能力的发展。要求学生从语音、语义两个角度学习词汇,有助于他们更有效率地记忆单词, 扩充词汇量,增长概念性的知识。以现在的术语来说,即是所谓的元认知策略。也就是说,苏美尔教师已经懂得利用教学 工具,明确地把学习与记忆的方法传授给学生。

    随着时间的流逝,苏美尔人的初级阅读者学会了一些带有词法特征的词汇。词法是利用语义的最小单位,即词素来构成词语的规则。举例来说,英语中bears这个单词是由两个词素组 成的:词根bear加上s,因此bears既能代表一个复数名词(一些熊),又 可以表示动词“忍受”的第三人称现在式。如果缺少了这种意义重大的语 言组合能力,我们的词汇量及思考能力的发展将会受到严重限制,人类智 力的进化与认知能力也会受到影响,我们人类与其他灵长类动物的差异也 许就不会这么明显。

    我们的一种灵长类亲戚,尼日利亚的白鼻长尾猴,其叫声系统也显示出语言组合能力的重要性。白鼻长尾猴与黑面长尾猴都有两种叫声来警告同伴有天敌接近。猎豹靠近时发出”Pyow”声,老鹰接近时则发出一种类似干咳的声音。近来,两位苏格兰动物学家在观察后发现白鼻长尾猴会 通过组合两种叫声创造出一种新的叫声,用来警告年轻的猴子”快离开”。白鼻长尾猴的这项创新,与苏美尔文字中频繁出现的利用词素构造新词 的做法有异曲同工之妙。

    文本框: 39苏美尔人的楔形文字及教学法的重要性,不仅在于他们了解了词法原 理,而且在于他们意识到阅读教学必须从研究口语的基本特质开始。这也 正是我们实验室目前正在开发的“前沿”课程,即在阅读教学中融人语言 的所有特点。这样的教学方法是非常有道理的。试想一下,如果你是地球 上第一批具备读写能力的人之一,在没有任何先人经验能指导你的教学时, 你必须搞清楚口语的所有特点,然后才能创造出书写系统并进行教学。苏 美尔文明的第一批教师就是在这样的情境下提炼出了可长期使用的语言规 则,不但增进了教学效率,还帮助了那些有读写能力的苏美尔人发展认知 和语言技巧。因此,苏美尔人在读写教育方面的贡献拉开了阅读脑改变人 类思考方式的序幕。

    这一切改变的是人类整体而不论男女,有一个鲜为人知的故事很好地 说明了这一点。我们在苏美尔人的遗留之物中发现,当时的苏美尔人规定 皇室女子必须学习阅读。女人拥有自己的语言变体,称为“艾米索”(Emesal)又名“优雅之语”,用来区别有“高贵之语”之称的标准语“艾米格”(Emegir)。艾米索在许多文字的发音上不同于艾米格。我们可以想象 得到,当时的学生在女神所属的“优雅之语”和男性天神所属的“高贵之 语”之间转换,需要何等复杂的认知技巧。这个古文明因此留下了一些美 丽的见证,世界上最早记录下来的情歌与摇篮曲有不少是由苏美尔女性创作的:
    睡吧,睡吧!
    我的孩子!
    快快睡吧,我的宝贝!
    轻轻地合上你颤动的双眼,
    妈妈的手来安抚你闪烁的双眸,
    安慰你梦中的咿呀,
    不让呢喃赶走你的美梦。

    从苏美尔语到阿卡德语

    苏美尔人留下的另一项证据是,包括早期波斯人、赫梯人在内的至少15个民族,在苏美尔语停止使用之后,仍继续沿用 楔形文字及相关的教学方法。文化会绝迹,语言亦然,在公元前2000年, 作为口语的苏美尔语渐渐消失,学生开始学习日渐占有主要地位的阿卡德语。到了公元前1600年,苏美尔口语时代正式宣告结束。

    然而阿卡德人的书写系统及其教学方法仍保留着许多苏美尔文化的文 字符号及方法。苏美尔人的学习方法对整个美索不达米亚平原的教学历史 都有深远影响。后来还有人发现,一直到公元前700年,依旧有人分别以 泥板与纸莎草来刻写这两种文字,泥板上是古老的楔形文字,纸莎草上是 当时的新字。

    直到公元前600年,苏美尔文字才真正绝迹。但是,它的影响力却 持续下去,体现在阿卡德语的某些字符和教学方法上。此外,在公元前 3000年到公元前1000年的所有共同语中,处处可以看到苏美尔文字的影 子。阿卡德语逐渐成为当时美索不达米亚各族人民的共同语,而且历史上 许多珍贵的古文献都是用阿卡德语记录的,如《吉尔伽美什史诗》,在此节录其中一段描述人生的不朽诗行:
    我辛勤地劳作,为了谁?
    我不停地旅行,为了谁?
    我遭受的磨难,为了谁?
    为什么最后我仍一无所有?

    这首史诗是在尼尼微城亚述巴尼拔图书馆中的12块 石板上发现的,年代是公元前668年至公元前627年的亚述王朝时期, 《吉尔伽美什史诗》上刻有“Shin-eq-unninni”的名字,他是历史上最早的 知名作家之一。这首史诗的母题来源于一个古老的传说:英雄吉尔伽美什 克服了种种困难,打败了可怕的敌人,却也失去了亲爱的朋友,最终领悟 到包括他自己在内,没有人能够逃离人类永远的敌人——死亡。

    《吉尔伽美什史诗》与其后风行一时的阿卡德语,是书写历史上重要改变的典型。书写系统的完整发展以及文学类型的百花齐放,奠定了公元前 第二个千年里人类的知识基础。许多古籍的内容从其书名就可以看出,例如令人感动的人生教诲书籍《父亲对儿子的忠告》、如带有宗教意味的著作《人与神的对话》、或是充满神话色彩的故事《恩利尔与尼利尔》等。 而编集成典的冲动更为人类带来了历史上第一部百科全书,这部书有一个 谦虚的名字:《关于宇宙万物》。同样的,编纂于公元前1800年的《汉谟拉比法典》,使社会一切事物都在此规则下运行,此外还有综合了所有已知医学知识的医学大全《论医疗诊断及预防》。

    阿卡德人在认知能力、组织力、抽象应用与创造力方面的水平,已将 人类智力发展的重点从先前的“个人学习文字需要什么样的认知能力”转 变为“认知发展的方向”。

    阿卡德语的某些特征让它较容易使用音节表。阿卡德语这类古代语言, 以及日语、切罗基语等其他一些语言,都有一套简单有序的 音节结构。这类口语很容易发展出音节文字(syllabary)书写系统,以一个符号代表一个音节,而不是一个发 音。例如,美国原住民领袖塞阔亚 决定为切罗基语创造一套 书写系统,他选择了音节文字系统, 这非常适合仅有86个音节的切罗基 语。这是一套非常完美的演绎,然而, 阿卡德语的“纯音节”意味着必须舍 弃苏美尔语的语素音节文字形态以及 与其联系紧密的过去,而这对阿卡德人来说是难以接受的。

    阿卡德语:一种已灭绝的闪米特人语言,属于亚非语系闪米特语族东闪米特语支,主要由古美索不达米亚的亚述人及巴比伦人使用。该语言约于公元前1世纪灭绝。

    因此随着历史的发展,折中的方案出现了,而这办法也常常运用于其 他语言。最终阿卡德语书写系统里面保留了苏美尔语中较为普遍或重要的 词汇,如“国王”,而将其他词汇纳入音节表。如此一来,阿卡德文化的骄傲——传统苏美尔语连同其文明——得以继续存在,然而阿卡德语也因此 变得更加复杂。由此可见,在许多至今仍存在的文字里,都包含着使用者 延续珍贵文化传统的心愿。

    英语的情况也类似,它是混合了传统与实用主义的历史产物。英语 为融合希腊语、拉丁语、法语、古英语以及其他语言,必须付出颇高的代价,特别是对小学低年级的学生而言。语言学家一般将英文归为词音文字,因为在英文单词的拼写里同时包含词素与音位 (phoneme,语音的单位)。因此如果初学者不了解相关的历史背景,这一 点将会给他们造成很大困扰。

    语言学家诺姆·乔姆斯基及卡罗尔·乔姆斯基曾经以英语单词muscle(肌肉)为例,来描述词素音位文字 的规律以及英文的历史演变过程,如同阿卡德语接纳苏美尔语的一些元 素。英语单词muscle中不发音的c似乎是多余的,但事实上却与它的拉 丁文词根musculus有莫大的关系,因此有了相关单词muscular(肌肉发达的)、musculature(肌肉系统)的存在。在这两个单词中,c是发音的,体 现了字母作为音位的一面,而muscle里的c则体现了字母作为词素的一面。换而言之,英语的本质是追求体现口语发音与展现词根两者之间的平衡。

    正是因为文字进化的这种“平衡”关系,古代阿卡德语的初学者要学 会这种文字,必须面对智力及大脑结构上的挑战。因此我们不难想象,阿 卡德语和早期苏美尔语一样,至少要花上6到7年的时间才能掌握。如此 漫长的学习时间与强权的政治环境,导致阿卡德文最终变成少数上层阶级专属的书写系统,只有神殿或法庭的人能够花费宝贵的时间学习。而在历 史上,另一个强权国家——至今仍很鲜活地存在于人们心中的古埃及王国, 也创造了最早的文字之一:古埃及象形文字。某些近代学者认为,象形文 字的出现比苏美尔文字至少早100年,是真正“最早”的文字。

    象形文字的发明

    长久以来,大多数学者都认为苏美尔人发明的楔形文字是人类最早的 文字,而古埃及象形文字则是由此系统演变而来的。然而,新的语言学证 据指出,象形文字出现在公元前3100年左右,应是独立于楔形文字的系统。 通过研究埃及阿比德斯的证物,德国的考古学家甚至认为,象 形文字的发明可能比苏美尔文字还早,大约在公元前3400年就存在了。若 这项新发现属实,那么象形文字才是阅读脑进化的起点。

    因为到目前为止尚未有确切的结论,所以在本书中,我们暂且认为埃 及人是独立发明文字的,并以此角度来介绍古埃及象形文字(见图2—6)。 与鸟爪形状的楔形文字不同,早期的象形文字可归类为一种表意文字,线 条抽象而优美,大部分解读文意的人很快就倾心于其纯粹的艺术美感。楔 形文字与象形文字的相似之处,在于两者都运用了 “假借”原理来发明新词, 而且两者都被当做是神的礼物。

    图2-6 古埃及象形文字:鸟、房屋、神殿

    随着时间的推进,象形文字逐渐演变成一种复杂的文字系统,既有表 示词义的意符,也有表示辅音的特殊符号,这样的象形字类似汉字中的形声字。例如图2-6中显示的象形文字“房屋”看起来像由上 往下,即从神的角度看到的房屋形状。此符号除了可以简单地表示“房屋” 之外,还可以读做复辅音pr,或置于其他意义符号的后面,表示pr的发音, 相当于注音符号(phonetic marker),这种造字方式在苏美尔文字中也可以 见到。另外,“房屋” 一字还可以与其他语义符号组合成新字,如上图的 “神殿”,使词义的类别一目了然。

    而在认知能力的需求上,对初级阅读者来说,阅读象形文字与阅读苏 美尔文字一样,都是极大的挑战。由于多元的造字原理,初学者必须凭借 认知判断力以及灵活性,判断每个符号在不同情况下的具体用法,如此一 来便自然而然地拥有了功能活跃的大脑。例如在辨识意义符号时,需要视 觉区与概念区的神经联结;辨识辅音符号时,需要视觉、听觉、发音区共 同合作;而在识别语音标记及语义标记时,则需要额外的抽象能力与分类 能力,以及语音和语义分析能力。

    此外,早期象形文字中没有标点符号,而且书写方向时而由左至 右,时而由右至左。象形文字及一些其他的早期文字,常以“牛耕式”来书写,也就是一行从左至右写到底后,再从右写到左, 就像牛犁地一样来回往返。因此与现代人直线式的阅读方向不同,阅读此 类文字时双眼必须随着文字移动到句末,再以反方向继续阅读;另外,根 据建构结构的要求,文字刻印的方向还可以由上至下,再由下至上。可见阅读象形文字需要各式各样的技巧,其中包括高度进化的视觉记忆能力、音位听觉分析能力、空间认知的灵活性等。

    经过数个世纪的洗礼,象形文字与苏美尔文字及其他古老的字母文字-样,增添了许多新的符号和元素。不同于其他文字系统的是,经过主要负责文字抄写的专职人员的改造,象形文字发生了两次变革。第一次的字体变革提高了抄写的效率,使抄写员的工作轻松不少。然而对于这些古代的抄写员来说,第二次的变革更是振奋人心。

    简单来说,古埃及人发现了一套简单来说,古埃及人发现了一套类似音位系统的东西,这虽然不至于令所有人欢欣鼓舞,但对抄写员而言,这项创举具有重大的意义,因为他们可以更容易地记录一些新的城市名、皇室成员的名字,以及更容易地拼写外语词和外国名字。假借原理能够达成此目的。如今日文的两种书写系统也具备此项特质,一是由古汉语而来的表意系统日文汉字(kanji),另一个则是较晚创造的音节系统假名(kana)。跟古埃及文半拼音系统类似,假名用做日文汉字的补充,以便记录口语中的新词、外来词及外国名字。

    象形文字:古埃及人发明的象形文字是另一种古老的文字系统。随着象形文字的发展,古埃及人又发现了一套类似音位系统的东西,这使得他们可以方便地记录新词语和外来语。

    我们注意到这项人类语言学创举开始于古埃及象形文字,因为它吸收了一组表示口语发音的文字。如语言学家彼得·丹尼尔斯(Peter Daniels所言,书写历史中“半拼音文字”的诞生真是莫大的惊喜!这项古埃及文字中所诞生的新的文字类型,标志了人类文字第三次突破的曙光:依据文字内部的发音结构来建立书写系统。

    但是就像摩西无法在“应许之地”常住,古埃及人并没有充分开发自己发明的拼音字母前身。尽管创造出了半字母文字系统,但是由于文化政治、宗教等因素的限制,象形文字系统始终无法演变为更高效的文字,古埃及王朝中期出现了 700多个标准象形文字,在其后的1000年里,文字数量发展到几千个。其中一些文字表达了隐晦的宗教意义,书写起来层层叠叠,篇幅冗长,因此识字的人越来越少。这样的变动意味着象形文字需要更强的概念处理能力,因此对阅读者的要求反而更严格了。

    象形文字最终的没落,若单纯以人类无法负荷过重的视觉记忆来解释显然是站不住脚的。看看目前众多的汉语阅读者,就会明白为什么了。公元前 1000年,埃及文字在进人文字密码化的时代后,抄写员或许运用了人类有史以来最活跃的大脑皮质与最充分的认知资源。奇怪的是,由于象形文字的复杂性而产生的半字母文字系统,反而对早期文字历史中字母的演变贡献最大。

    龙骨、龟甲与绳结:其他早期的奇妙文字

    象形文字与苏美尔文字大相径庭的发展史,还是未能解答它们究竟是各自文化的独立产物,还是从一种语言传播至另一种语言而形成的。目前累积的考古证据显示,在公元前第四个千年的晚期,人类至少发生过三次以上的文字创造;稍后在不同的地区又至少出现过三次文字发明事件。除苏美尔文化和古埃及文化之外,由约公元前3300年的陶器刻记演变而来的印度河文明的书写系统,在公元前2500年左右成形;这种文字至今仍无人能够破解,一再使热衷的学者们无功而返。

    在希腊克里特岛(Crete)发现了公元前第二个千年出现的书写系统。可能是受古埃及文字的影响,克里特文字发展为包含象形特征的线性文字A(Linear A),而之后发展成另一种著名的文字形态线性文字 B(Linear B)。此外,还有萨波特克人(Zapotec)发明的语素音节文字,除了萨波特克人使用之外,还有玛雅(Mayan)、奥尔梅克(0lmec)等民族使用,整个中美洲几乎都可见到此文字的遗迹。

    玛雅文字及希腊的线性文字B被发现后,经过数十年的解读,依然是未知的谜团。然而斯大林时期的一位俄国学者尤里·科诺罗索夫(Yuri Knorosov)却取得了令人震惊的成就,他在几乎无法取得相关材料的环境中,成功破解了神秘的玛雅文字。而他的故事也因此巨细靡遗地记录在麦克尔·科尔(Michael Cole)所著的《破解玛雅密码》(Breaking the Maya Code)一书中,内容完全可以看成是20世纪一部引人人胜的智力推理小说。科诺罗索夫整理玛雅文字的线索后发现,玛雅人与苏美尔人或古埃及人相似,也是利用语音、语义标记造字。然而更令人感到意外的是,玛雅文字的建构原理与现今的日文更为接近,同时结合了表意符号及音节系统。

    中美洲另一个伟大神秘的发明仍然处在曙光乍现的阶段。在哈佛大学人类学系执教的加里·厄顿(Gary Urton)及杰弗里·奎尔特(Jeffrey Quilter ),针对美丽而神秘的印加结绳,提出了一个新的研究方向。印加人以染色的纤维缠绕编织成图案极为复杂的结绳(见图2-1),厄顿有别于语言学家及其他印加文明的学者,他大胆推论现存的600多个绳结其实是一种尚未破解的印加书写系统:每一个绳结的类型,每一个绳结的颜色每一种编织的方向都代表了不同的语言信息,就像犹太人晨祷披肩或女用披肩的编织一般。

    人们至今认为印加结绳的功能就像算盘;但早在16世纪,西班牙的历史学家就已经记录,印加人曾经告诉西班牙传教士,所有的印加文明都记录在结绳上了。传教士知道后,立刻将能找到的结绳全部烧毁以免印加人与旧神之间有任何联系。

    而今天,厄顿及奎尔特的研究团队正试图利用剩余的结绳破解印加文明的神秘语言。

    另一种神秘的文字存在于古代中国的书写系统之中。尽管中文书写系统的发明常常以公元前1500年至公元前1200年的商朝为起点,但是一些学者认为确切时间应该远远早于商朝。早期汉字的发现可谓考古学中意外事件的经典案例,这些文字大量出现在19世纪的中药铺里,因为当时的中国人相信“龙骨”的神奇疗效。直到某天有人发现这些古老的龟甲或兽上竟然有一系列的符号。目前已经证实了这些符号是中国人求神问卜的记录。把要询问的事情事先记录在龟甲及牛的肩骨上,而后以烧红的火钳劈裂从龟甲内部裂痕的形状来推测神的答案。

    一个完整的龙骨或龟甲会记录问题、时间、神的回答以及真实的结果。例如某个龟甲记录了距今 3000年的商朝,武丁王询问他妻子的怀孕是否为一桩“喜事”,神明的答复为,只有当他的妻子妇好在特定的日子分娩时才是喜事。结果她的分娩日与神明的预测不一致,最终一行字也记载了神明预言的准确性:“不是喜事,因为出生的是女婴。

    这些在龟甲中埋藏数千年之久的精致文字讲述了古代中国的历史。汉字与楔形文字相似,是一种素音文字,文字的结构中也蕴含着过去点点滴滴的历史。因此,初级阅读者必须经过反复的书写练习,才能发挥出超强的视觉空间记忆力。与苏美尔文字与古埃及文字的语音标记一样,许多常见汉字都包含了声符,以标记汉字的发音。这些声符可以帮助阅读者辨别文字,以弥补意符的模糊性。

    然而,相较于其他古代的书写系统,汉字仍有一些不同之处。首先它目前仍在使用。汉字可以说是古代中国留给现代人的礼物,直到现在仍是神圣的存在。著名的美籍华裔小说家任碧莲(Gish Jen)曾经旅行到中国并在中国定居多年。她注意到有一位手执长杖的老人,每天都会到公园里游玩。整个下午,他都会用长杖蘸水在干泥地上书写巨大的汉字,每一个文字的特征都能得到完美的演绎。在这些文字被风吹干之前,公园里每一个看到的人都不免称赞一番。这一番场景,告诉我们汉字不仅是沟通工具更是艺术的载体。或许对老人而言,还是一种精神上的表达。

    我在指导研究生专题讨论时,发现了汉字与其他古文字的另一个不同之处。我询问塔夫茨大学的中国学生,他们是怎样在小小年纪就学会如此之多的汉字的,他们笑着回答道:“我们有一个秘密武器,那就是拼音系统。也就是说,初级阅读者先学习拼音,掌握读和写的概念,为在五年级前能学会2000个汉字做好准备。可是,拼音的秘密究竟是什么呢?拼音其实只是一套小型的字母系统。初级阅读者通过这套小型的字母系统来增进对文字的敏锐度,了解阅读究竟是什么,为大脑准备好第一套阅读的迷你神经回路。

    这还不是汉字唯一让人惊讶的地方。作为世界上最复杂的书写系统之古代汉字最可爱的地方是,它包含了一套专由女性使用的汉字。和素音文字的特征不同,这套系统完全是基于发音的。这种特殊而又美好的传统文字被称为“女书”,即女性的文字。
    在邝丽莎(Lisa See)的小说《雪花秘扇》( Snow Flower and the Secret Fan)中,对女书有极为详细的描述。女书通常画在优雅精致的扇子上,或者绣在美丽的纺织品上。几个世纪以来,这套令人震惊的书写系统帮助少数女性忍受生活的无奈,使她们在裹小脚的文化梏中获得精神上的升华。最后一位能够读写女书的阳焕宜(Yang Huanyi),于 2004 年去世,享年 96岁。

    女书深刻地提醒了我们文字在现实生活中扮演的重要角色。女书同时也是世界上多元文字系统的典型例子,它还体现了文字从表意向表音发展的趋势。就像汉字一样,字母文字系统同样蕴藏着许多谜题疑问以及让人意想不到的惊喜。我们试着去发掘我们之中有多少人是字母文字的阅读者,也在积极寻找那些为了学习而失去的、那些一知半解却仍然难以把握的东西。苏格拉底宁可我们从未学过文字。也许正是这个原因使人类在 2500年后的今天,暂时停下来,深刻地反思自己。

    优雅之语:苏美尔皇室女子使用的一种语言,她们用这种苏美尔语变体创作了最早的情歌和摇篮曲。中国也曾有一套仅供女性使用的汉字“女书”,女子们以此巩固姐
    妹情谊。

    第三章 苏格拉底反对的“阅读”是否会妨害人的思考

    有一片土地人称克里特……四周围绕着色深如酒的海,还有滚滚白浪袭来,国土俊丽而丰饶,人口众多,惜传统如金,其中九十座比邻的城市号称彼此的语言可以融合。 ——荷马,《奥德赛》
    喜欢阅读的人,就像拥有两个人生。 ——米南德,公元前4世纪

    近代在书写史上最令人着迷的发现之一,发生在埃及的瓦迪耶尔霍尔(Wadi el-Hol)河谷,译名为带有噩兆之意的“恐怖之谷”。在这个人迹罕至、炙热难耐的高山地区,埃及考古学家约翰·达内尔(John Darnell)和德博拉·达内尔(Deborah Darnell)发掘出一段奇特的铭文,将人类发明字母文字的年代提前了数百年之久。这段铭文的特征具备一切“失落的环节”所要求的条件,将早期古埃及文字系统(Egyptian precursor system)与之后的乌加里特文字(Ugaritic)联系了起来,后者被研究者归类为字 索斯(Hyksos)王朝时代,由居住于当地的闪族(Semitic)抄写员和工人发明。这种文字充分利用了小型的古埃及辅音系统(意料之中),并结合了其后出现的乌加里特文字中的许多元素(意料之外)。

    在考察过出土于瓦迪耶尔霍尔的文字后,哈佛大学的学者弗兰克·穆尔克罗斯(Frank Moore-Cross)认为这套系统“显然是最古老的字母文字”他在其中找到了许多与较晚知道的字母相似或相同的符号,并推论出该系统“属于字母文字系统的传承和进化”。神秘的瓦迪耶尔霍尔文字非常重要,因为这涉及阅读脑的新调整,它使我们将注意力集中到两个多维度的问题上:第一,字母文字由什么组成?如何将这套文字系统与更早之前的音节文字及素音文字区分开来?而这些问题的答案又引出了第二个更大的问题:阅读字母的大脑是否需要特殊的智力资源?

    瓦迪耶尔霍尔的古老文字或许是语言学长久以来失落的环节,它连接了两种形式的文字:音节文字和字母文字。无奈可供研究的文字数量太少以致在分析上遭遇了很大的困难。稍晚出现的乌加里特文字更适合用来研究最早的字母文字,因为它既被归类为音节文字,也被归类为字母文字。

    乌加里特文字起源于富饶的乌加里特王国(今叙利亚北部海岸)。该地区贸易极为发达,海路的船只和陆路的马车熙熙攘攘,一派繁荣的景象在乌加里特地区,除自己的语言和文字之外,不同的民族至少还使用了10种语言、5种文字来进行沟通。乌加里特人遗留下的大量文献为我们提供了重要的线索,它们展现出对字母文字的关键性贡献。其中一项贡献是文字中符号数量的减少,以及由此带来的效率的增加。

    虽然阿卡德楔形文字是乌加里特文的发展基础,但阿卡德文字并不能解释乌加里特文字30个符号的书写系统,其中27个使用于宗教文献。在这套独特的类楔形文字中,独立的辅音符号与用来区别邻近元音的辅音符号结合了起来。根据语言学家威廉·丹尼尔(William Daniel)对文字的分类乌加里特文字可被看做辅音音位文字(abjad),这是一种特殊的字母文字但人们对于此种观点仍有争议。

    不论如何分类,乌加里特文字本身就是一项了不起的成就。从管理性文件到赞美诗、神话、诗篇,尤其是宗教文献,这种文字涵盖范围极为广泛。其中最引人注意的是,乌加里特文的口语和文字对希伯来文的《圣经》产生了深远的影响。包括哈佛大学圣经研究所的学者詹姆斯·库格尔在内的少数学者强调:《旧约》的故事题材、人物形象甚至经常采用抒情诗句的写法,与乌加里特文献有着诸多相似之处。

    另一项不可思议的发现是,乌加 里特人用到了今日语言学家所谓的“字 母教材”,即按照固定的顺序排列字母。语言学家还发现,乌加里特文字的字母排列顺序与原始迦南文相同,进而发 展为腓尼基文字化的辅音系统,最后演变为希腊字母文字,这 一观点已被大多数学者接受。

    乌加里特文字:乌加里特人按照固定的顺序排列字母。语言学家发现,乌加里特文字的字母排列顺序与原始迦南文相同,进而发展为腓尼基文字的辅音系统,最后演变为希腊字母文字。

    字母的排列顺序证明乌加里特文确实在早期字母文字的发展中起着过 渡作用,同时也意味着早期教育系统采用了将字母按固定顺序排列的标准 化教学模式。类似于苏美尔人的生词表教学法,这样的排列给初学者提供 了一个更容易记忆文字特征的认知技巧。但令人着迷的乌加里特文字却在公元前1200年入侵者毁灭乌加里特王国时消失了,这古老而美妙的书写系 统留下了许多未解之谜。我们不能确定它对《圣经》启示性的语言风格是 否有影响,也不知道它是不是人类第一种实用性的字母文字。

    托马斯·曼受《圣经》启发而编写的短篇故事 《摩西十诚》中,曾提及字母文字的创造。上帝要求摩西雕刻两块石碑,每块刻上5条戒律,且内容必须为众人所理解。但是摩西担心的是,他该以哪种文字写下戒律?摩西通晓古埃及文,他曾经看到来自地中海的人使用类似眼睛、盔甲、牛角与十字架的符号,也看过某些沙漠部落使用的音节文字。但这些文字都不能把上帝的10条戒律传达给每一个人。忽然间灵光一闪,摩西突然领悟到,他必须发明一种通用的文字系统, 让说不同语言的人都能阅读。因此他创造出每个发音皆有与之对应的符号的文字系统,使得不同民族的人都能以自己的语言来阅读,这就是字母文字的由来。使用这种新发明的文字,摩西在离瓦迪耶尔霍尔不远的 西奈山上刻下了上帝的旨意。

    虽然托马斯,曼既不是语言学家也不是考古学家,但是他描述出了字 母文字的革命性贡献,也指出了文字历史上第三次认知突破的精髓:文字 系统仅需要有限的符号,就能表示出一种语言中所有的发音。通过减少文 字系统符号的数量,瓦迪耶尔霍尔文字及乌加里特文字获得了认知效率的 优势,人们更加经济地使用丨己忆力,减少了读写文字的能量消耗。

    认知效率取决于大脑的第三项伟大的特征:大脑内部专门化区域的运 转速度非常高,几乎达到自动化的程度。认知自动化意味着人类智力发展 的惊人潜力。当我们能以自动化的速度识别符号时,就可以把较多的时间 分配到智力活动上,因此可以在读写的同时持续地发展智力。苏美尔人、 阿卡德人、埃及人花费数年才发展出高效的阅读脑,而认知自动化为人类 提供了更多思考的时间。

    然而,由这些早期的类字母文字系统所引发的问题也相当复杂:符号 的减少是否再造了具有独特结构的大脑皮质?阅读字母文字的大脑是否发 展出了特殊的认知能力?在初级阅读者的发展过程中,如果具备这样的潜 能,会产生什么样的影响?为了寻求解答,我们必须再次面对一个基本的 问题:什么是字母文字?

    什么是字母文字

    不同领域的学者们一直在为“真正的字母文字”所需具备的条件争 论不休。早在瓦迪耶尔霍尔文字发现之前,古典主义者埃里克·哈夫洛克就提出了字母文字的三个标准:
    @这套符号的数量是有限的〔理想数量介于20到30之间〕;
    @这套符号可表达这种语言中最小的发音单位;
    @这种语言中的每一^音位都有符号与之对应。

    因此古典主义者认为希腊字母文字之前的“类字母文字系统”皆不符 合标准。举例来说,闪族文字没有元音;希伯来文字中的元音符号也是在 千年后才出现的,因为日常生活中使用的语言,如阿拉姆语和 希腊语更强调直接描述元音。哈夫洛克等古典主义者认为,字母文字代表 了所有文字系统的最高水平。公元前750年发明出来的希腊字母才堪称第 一套符合所有标准的“真正的字母文字”。希腊文也是第一种使人类思想产生巨大飞跃的文字。

    然而,大多数语言学家及古语言学者却对此持反对意见:亚述研究专 家尤里,柯恩强调了哈夫洛克从未提及的一些论点。他认为字母文字对于 本国的居民来说,是一套能够以最少记号来明确表达口语的文字系统。在柯恩看来,字母文字能表示任何口语中能够用人耳分辨的最小发音单位即可,而不是表示较大的发音单位,如音节或是整个单词。根据这个观点, 早期的瓦迪耶尔霍尔文字及乌加里特文字都可以归为字母文字。

    至今,对于人类历史上“第一种字母文字”的讨论仍没有达成共识。 但是近年来,有关古代书写系统的新信息越来越多,或许能给21世纪的 阅读者提供一个不同的、更宏观的视野。回溯人类认知和语言能力的系统 性变化,以及早期众多不同文字系统逐步走向希腊字母文字的历史,我 们可以换一个崭新的视角:从荷马、赫西奥德以及奥德修斯的口语世界,一直到苏格拉底、柏拉图和亚里士多德的雅典 时代,字母文字不断地发展。这其中不仅仅是地点和时间的变化,人类的 记忆与大脑结构也随之变化。这就意味着,阅读脑下一个重要的调整即将 出现。

    克里特岛的神秘文字与希腊的黑暗时代

    传说在克里特岛上,每一块石头下都藏着一个神话,仅仅这件事本身 就令人着迷。这些石块是古希腊克里特文明的一 部分,有可能是画满精美壁画的宫殿所留下的遗迹,宫殿中有代表当时时 尚的空气调节系统以及早期排水系统。古希腊克里特人在4000年前便建造 了许多纪念碑,制造了许多美得不可思议的艺术品和首饰。除此之外,他 们还创造了一套文字系统,尽管现代人尽了最大的努力,但是这套系统至 今难以解读,让我们充满挫败感。

    1900年,英国考古学家亚瑟·埃文斯挖掘出古希腊克 里特文明的中心——荷马所描述的伟大城市克诺索斯。根据希 腊神话,此地为米诺斯王的皇宫,其中也居住着米诺斯王骁勇的“飞牛怪” ,以及掌控迷宫的牛头怪弥诺陶洛斯。

    在此次考古行动中,埃文斯发现了一些令人震惊的东西——7000块刻满神秘文字的黏土石碑,这些石碑成为他终生的研究对象。这些文字既不 像古埃及象形文字也不像阿卡德楔形文字,它具备了某些早期克里特文字 (线性文字A)的特征,但是看起来却和稍晚出现的希腊字母文字没有任何关系。埃文斯将其命名为线性文字B,由此开始了此后40年艰辛的破解 生涯。

    1936年,一位勤奋的学生迈克尔·文特里斯认识了埃文斯,很快地,他也痴迷于这种神秘的文字。1952年,文特里斯终于 解开了克诺索斯石碑文字(线性文字B)之谜。尽管这种文字困扰了学者们长达半世纪之久,但事实证明线性文字B—点也不神秘。简单来说,不过是那时的希腊口语未经整理的记录罢了。在受过古典主义训练的文特里斯的思想中,这样的发现过程类似于破解古代版的即时信息软件。文特里 斯从未想过要破解希腊口语,但是塔夫茨大学备受尊崇的古典主义者史蒂 夫,赫什认为,文特里斯破解线性文字B“革新了人类对早 期希腊历史的认识”。

    然而,除了知道线性文字3在公元前15世纪开始出现于克里特岛、希 腊本土与塞浦路斯等地,消失于公元前12世纪至公元前8世纪之外,我们 对这种文字仍然知之甚少。公元前12世纪至公元前8世纪被称做希腊的黑 暗时代,侵略者摧毁了许多存放典籍的希腊神殿,只有极少数的文献能被 保留下来。但是在这样的黑暗时代,口头文化却因此蓬勃发展,成就了公 元前8世纪记录这一切的荷马史诗。

    关于荷马的传说众说纷纭:有人认为他是传说中的那位盲眼的游吟诗 人(近期又出现了支持这一说法的新证据);有人称“他”其实是一群诗 人,甚至是那些仍未破解的口头文化的集体记忆。毋庸置疑的是,荷马史 诗《伊利亚特》和《奥德赛》中包含的广博知识及神话,对每一个希腊人 的成长都做出了卓越的贡献。根据希腊史学家修昔底德的描述,每位受过教育的希腊公民都必须背诵许多史诗的段落,其中包括各位希腊男神、女神、男英雄、女英雄之间令人感动的爱恨故事。

    当代此研究领域的巨匠沃尔特·翁认为,史诗具备许多 便于背诵的特点:节奏感强烈,韵律感丰富,反复性高,描绘栩栩如生; 以及《伊利亚特》和《奥德赛》中的经典主题——交织着爱、战争、美德 和人性的脆弱,这些共同构成了超越时空的传说。举例而言,学者米尔曼·帕里发现,游吟者世世代代都会记忆那些记录了大量事实

    与事件的“公式”。这些公式与希腊著名的记忆术都对 古希腊人背诵大量材料有很大的帮助。其中一项方法就是将需要背诵的内容 与容易唤醒记忆的具体空间联系起来,例如图书馆或神殿的内部构造等。

    古希腊人的记忆力有多好,当时的诗人西蒙尼德斯为我们提供了一个典型的例子:某次他和许多人一起欢庆的时候,突然 发生了地震,整座建筑瞬间崩塌,事后他能完全记得所有参加者的名字 以及他们被瓦砾掩埋的位置。

    究竟西蒙尼德斯与其他古希腊人是如何获得这样强大的记忆力的?在 最近的4万年间,人类的大脑构造变化不大,因此可推论出现代人与古希腊人的海马杏仁核、额叶及其他记忆功能区 差异无几。真正区别两者记忆能力的关键在于古希腊人对口头文化与记忆 的高度重视。正如苏格拉底一样,他在反复的对话中考核学生的理解程度。 受过教育的希腊人不断练习他们的修辞和朗诵技巧,把包含知识与力量的 精辟口才看做学习的最高目标。古希腊人的记忆力可能就是这样练成的。 这群拥有不可思议的记忆力的老祖先提醒我们现代人,记忆力并不像之前 想象的那样是一种天生的认知过程,而是深受文化的影响。

    在这样高度发达的口头文化中,古希腊字母文字一开始的发展并不顺 利。今天的某些学者认为,希腊字母文字的出现在很大程度上是因为古希 腊人需要保存荷马史诗的口头文化传统。这就意味着,字母文字只是扮演了一个口语附属品的角色。不管怎样,若是古希腊人得知2700多年后的今 天,专家学者们仍非常敬畏他们发明 字母表的成就,想必也会相当惊讶。 这份成就逐渐消磨了古希腊人引以为 傲的记忆力与口才,却创造了大脑记 忆与认知资源的新形态,直到今天仍 然对我们有很大的影响。

    希腊的黑暗时代:在这个时期,希腊的口头文学蓬勃发展,出现了《荷马史诗》这 样伟大的作品。同时,由于 希腊公民非常重视背诵经典,他们的记忆力也好得超出我们的想象。

    “借来的”希腊字母

    如果古希腊人被问到他们的字母文字从何而来,你可能会得到这样的 答案:“借来的。”古希腊人称希腊字母为“腓尼基字母”,这更加巩固了这 样一个观点:希腊字母的最直接来源是以辅音为基础的腓尼基文字。而腓 尼基文字又源自更早的迦南文字,腓尼基人甚至称他们自己为迦南人。希腊字母的alpha和beta来自于腓尼基字母的aleph和bet,这是另一个表明 希腊字母和緋尼基字母有渊源的重要证据。然而近年来,有些学者发现两者间的联系并不是那么直接。关于希腊字母文字的起源问题,在持不同观 点的学者之间已经引发了一场悄悄的战争。

    德国学者约瑟夫,特罗拍提出了第一个理论:字母文字起源的“标准理论”。该理论认为:希腊字母文字起 源于腓尼基文字,而腓尼基文字的前身则是乌加里特文字或原始迦南文字, 迦南文字又可以进一步追溯到古埃及文字的小型辅音系统。但是另一位来 自德国的专家卡尔一托马斯·佐齐希强烈主张另一 种解释:希腊字母并不是腓尼基文字的传承者,而是它的“姐妹”,这两种 书写系统共同的祖先是失传已久的闪族文字。佐齐希认为与腓尼基字母相 比,希腊字母文字的字母更接近古埃及的草体文字。从这一点出发,再加 上其他证据,他总结道:希腊字母文字并不是腓尼基文字的分支,两者地 位相同,都源自同一个更早的文字系统,佐齐希形容这一关系就像“姐妹” 一样。

    神话是另一种较为微妙的考古资料。为数不少的希腊神话皆提及,字母由底比斯的创立者卡德摩斯(Cadmus,希腊语中称为Kadmos)传入古希腊,他的名字在闪族语中的意思是“东方”。这或许暗示了一些古希腊人知道希腊字母起源于闪族文字。希腊神话中众神将 文字赐予凡人卡德摩斯,这个故事的血腥程度与格林童话有得一比。至 少其中一个版本的结局是这样的:卡德摩斯将带血的牙齿(象征字母) 撒进土壤之中,使其生长和传播。

    希腊字母的起源:目前关于希腊字母的起源问题仍无定论,有学者认为希腊人借用了腓尼基的辅音字母系统;另一些学者则认为希腊字母和腓尼基字母共同起源于更早的闪族文字。

    正如这些传说中大有深意的牙 齿,有许多关于希腊字母起源的戏剧 性传说仍未浮出水面。目前,教材的 说法比较接近“标准理论”的观点, 其内容主要是这样的:公元前800年 至公元前750年之间,古希腊人设计 出自己的字母,通过贸易往来传播至殖民地,如克里特岛、锡拉、埃尔明亚与罗得岛。为达到此目的,在字母设计过程中,古希腊人系统地分析了希腊语和腓尼 基语的每一个音位。然后,以腓尼基文字的辅音系统为基础,他们创造了 自己的元音符号。希腊人非常执著,他们使所有已知的发音与字母之间 有了完美的对应关系。在此基础之上,希腊字母成为多数印欧字母和文 字系统的祖先,其范围从伊特鲁里亚语—直延伸至土耳其语。希腊字母的发展历程给认知科学家与语言学家留下了一系列的谜团,本章的第二个大问题就是谜团之一。

    字母文字是否造就了不一样的大脑

    当许多人聚集起来时,便总会有人称自己比别人更“优等”,文字亦然。 20世纪的许多学者认为,字母文字代表了书写系统演变的巅峰,也因此得 出结论,字母文字的阅读者“想的不一样”。在人类的认知历史中,有3种 观点认为字母文字更优越,下面我们就来逐一检验:
    @在所有的文字系统中,字母文字的效率最高;
    @字母文字最能雌新思想的产生;
    @字母文字对语音的重视使阅读学习变得更简单。

    观点一:在所有的文字系统中,字母文字的效率最高

    效率是指一种书写系统能够被快速阅读、流畅理解的特性。由于字母 文字的组成比较“经济”(与九百多个楔形文字或上千个象形文字相比,大多数字母文字仅需要26个字母),因此能够达到极高的效率。符号数量的 减少使得快速识别所需要的时间和注意力也相对减少,因此只需要较少的 感官、记忆资源。
    然而,文字的历史是否最终必然走向字母文字?通过观察大脑的活动, 我们可以检验这一观点是否正确。图3-1展示了 3种不同文字的阅读脑, 我们可以看到,不同语言激活了大脑的不同区域。

    图3-1 三种阅读脑:英文、中文、日文假名

    中文阅读者一般需要记忆数千个汉字,才能迅速有效地进行阅读。在 图3—1所示现代中文阅读者的脑部影像中我们可以看到,阅读中文时,左 右脑的视觉专门区域都需要参与运作。中文阅读者能够流利地阅读,这证 明了大脑使用效率的提升并非字母文字阅读者的专利。另一个有力的证据是 在音节文字的阅读脑中也发现了类似的情形。综合起来我们可以推断,许多 文字系统引起的大脑的调整都可以提髙阅读效率。然而,这并不能说明不同 文字系统的大多数阅读者,达到流利阅读程度所耗费的努力是否一样。

    与早期素音文字的阅读者相比,字母文学阅读者的大脑中,某些区域 的激活程度要低得多。字母文字阅读者更依赖左脑后方的专门区域,这些 视觉专门区域只激活了少量的双脑区域。相反,中文阅读者(或苏美尔楔 形文字阅读者〉在阅读时,左右脑两侧许多专门化、自动化的处理区域都 会被激活,从而提高了阅读效率。

    20世纪30年代晚期,3位中国神经科学家发现了一个有趣的双语使用 者案例,再次证实了阅读不同文字时,左右脑区域活跃程度的差异:一位 原先能流利使用中英文的商人,在一次严重的后脑中风发作后失去了阅读 中文的能力,但令人惊讶的是,他仍然能够阅读英文。

    如今,这个案例早已不值得大惊小怪了,因为现在的脑成像图告诉我们, 在处理不同的书写系统时,大脑会采取不同的组织方式。日文阅读脑便 是一个相当有趣的例子,因为日文阅读者需要同时学习两种不同的文字系统:第一种是效率极高的音节(假名)系统,常用于记录外来语、城市名、 人名或新名词等;另一种是来自传统中文的表意文字——日文汉字。阅读 曰文汉字时,大脑使用的神经通路与阅读中文时相似;但是阅读假名时, 大脑则使用近于字母文字阅读脑的神经通路。

    换句话说,不仅是中文阅读脑与英文阅读脑之间有所差别,同一个大 脑在阅读不同的文字类型时,也会转换不同的神经通路。由于大脑能够神 奇地改变其神经联结模式,阅读者可以学会多种语言,且都有可能熟练掌握。此外,大脑的使用效率并非二元的非此即彼的模式。日本的研究者就发现,同样的词语由假名或者日文汉字书写,前者的阅读速度比后者快很多。因此,阅读效率应当被理解为一个连续体,而不是字母文字所特有的。

    如果我们能一直观察早期人类学习阅读时大脑神经路径的变化,将会 发现某些改变仅限于特定的语言系统,但某些区域则具有惊人的相似性。 匹兹堡大学的认知科学家以研究开创性的元分析方法进行 了 25项不同语言阅读脑的成像研究,发现了阅读各种书写系统时通过的3 个区域。

    第一个区域是枕叶-颞叶区,这一区域包括 了学者曾推测是读写功能“神经再利用”的区域,该区域使得我们无论阅 读哪种文字,都是熟练的视觉专门化专家;第二个区域是环绕布洛卡区的额叶区域,该区域使我们成为两个层面上的专家,一是识 别音位,二是了解词义;第三个区域则是颞叶上下方相连顶叶区的多功能区域。在这个区域我们处理语音及语义的各种元素, 这对于阅读字母文字或者音节文字来说格外重要。

    匹兹堡大学的认知科学家查尔斯·拍费提以及他的 同事把所有的脑成像图排列在一起,发现了一个被珀费提称为“通用阅读 系统”的区域。这一系统连接了额叶区、颞叶- 顶叶区以及枕叶区,换句话说,这些区域遍布四大脑叶。

    一瞥之下,这些脑成像图可以帮助我们得到两个关于文字进化的结 论:一、无论阅读何种文字,皆会对整个大脑的长度和宽度进行重塑;二、 不同的书写系统会以不同的形式促进大脑的使用效率,且有多种神经通路 可以帮助我们获得流畅的理解能力。许多因素都会影响一个书写系统的效 率及其激活的特殊神经通路,如文字中符号的数量、口语的发音结构、文 字的规律性、抽象程度、学习文字时的肌肉运动量等。总之,这些因素决 定了初级阅读者学习文字时的难易程度。正如阅读音节文字(假名〉效率 高于阅读表意文字(日文汉字)一样,儿童在学习希腊文或德文之类规则 性较高的字母文字时,效率也会高于学习规则性较低的字母文字,如英文。

    哲学家本杰明·沃夫及沃尔特·本杰明曾提出这样的问题:不同的语言是否会以特殊的方式影响阅读者的心智?本书中提到的关于字母文字优越性的三种观点都认为这个问题 的答案是肯定的。虽然本书因篇幅有限,关于字母文字或许阐述得不甚周 全,但简单来说,正如乔治敦大学的神经科学家吉尼维尔·伊登观察到的:不同的书写系统,在阅读脑的发展过程中,会创建不同 的脑神经网络。字母文字阅读脑并非创造了一个“更好的”大脑,只是创 造了一个与其他文字系统阅读脑“不同的”大脑,它以自己特有的方式来 影响大脑的阅读效率。

    具体来说,相较于苏美尔文字和古埃及文字的年轻阅读者,希腊文字 年轻阅读者的“不同的脑神经网络”发展得较早也更有效率。但这并不意 味着阅读脑的发展效率是字母文字的独有之物。当音节文字能够更好地表 示口语时,如日文或切诺基文,音节文字无论是在习得时间 还是在脑皮质使用上,都同样高效。不论是字母文字还是音节文字,减少 文字符号的数量,都有利于提高脑皮质的使用效率,进而促进学习效率的 提升,这成为文字历史进程上的重要转折点。脑皮质使用效率与学习效率 除了提升阅读速度之外是否还有其他意义?这就涉及字母文字优越性的第二个观点——促进新思想的产生。

    观点二:字母文字最能促进新思想的产生

    语言决定论:沃尔夫等人认为,语言决定了经验,有多少种语言就有多少种分析世 界的方法,不同的语言塑造了不同的大脑和心智。

    古典主义者埃里克,哈夫洛克 以及心理学家戴维,奥尔森提出了一个发人深省的假说, 他们认为希腊字母的效率,使思考内 容发生了无可比拟的变化。当字母文 字把人们从口述传统的禁锢中解放出来时,其效率便“促进了新思想的产生”。

    试着想象一下这种情形,生活在希腊口头文化中的受教育者,必须完全依靠个人的记忆以及元认知策略来保存集体的知识。但是使用这些令人印象深刻的策略需要付出一定的代价。有时精妙有时肤浅,这些策略依赖 于韵律、记忆、公式,并且会约束那些本可以说出的、记住的或者创造出的内容。

    希腊字母文字及其他文字系统打破了上述种种限制,拓展了许多人思 想与书写的界限。但这是字母文字特有的贡献吗?还是说所有的书写行为都能提升大多数人的思想境界?如果回顾一下比古希腊文字还要早约1000年的乌加里特文字系统,我们就会发现一个很好的例证,那就是乌加里特 的类字母文字系统一样能对文化起到很大的促进作用。如果我们仔细研究 哈夫洛克未曾研究过的更早时期的阿卡德文字,我们同样能发现,这套语素音节文字系统记载的思想同样闪烁着智慧的光芒(其中一些是基于口述传统的)。

    从宏观的角度来看文字的整体历史,人类智力的发展进步并不取决于 第一套字母文字的诞生或是某个字母表的完美迭代,而是取决于文字本身。如20世纪俄国心理学家列夫·维果茨基所言,在将能说 的口语与不能说出的思想转化为文字的过程中,不仅表达了思想,更改变 了思想。当人类学会以文字更加精确地表达思想时,抽象及创新的思维能 力也随之提升。

    实际上每个儿童在学习阅读他人思想及写下自己的思想过程中,都会 在文字与新想法之间建立起新的、之前完全没有想象过的联系。这种生成 性的联系在众多古代的早期文字中也有突出的表现,如古埃及人通过巴比 伦人的《悲观主义的对话》来指引来世,以及柏 拉图《对话录》中的深邃思想。但是在这一段文字发展史上,希腊字母文 字确实是文字和思想之间创造力的最佳例证。

    因此,从认知学的角度来看,字母文字并不是唯一对促进新思想有贡 献的书写系统,但是字母文字或音节文字这两种系统提高了阅读效率,使 新思想有可能被更多人提出,对那些处于早期发展阶段的初级阅读者而言 更是如此。由此揭开了人类智力发展史上革命性的篇章阅读能力的民主化。在此广阔的背景下,我们就不会讶异,为什么随着希腊字母的传播,历史 上会出现一个在写作、艺术、哲学、戏剧、科学等许多方面都诞生了众多深刻作品的时代。

    观点三:字母文字对语音的重视使阅读学习变得更简单

    古希腊的字母文字确实不同于先前的文字系统,因为其中融人了成熟的语言学观点。古希腊人发现,口语的语音是可以作为一个整体来分析的,而且可以系统地切分为单个的语音单位。这种理解力不是任何时代的任何 人都会有的。但希腊人是口语文化最大的支持者,由他们来发现语音的潜 在结构和组成,是再正常不过的了。
    想要理解希腊人在分析语音方面的成就有多么伟大,只需姜看一下美国国防部的一个故事。

    现代对语音知觉研究的历史开始于第二次世界大战期间,当时的信 息传播条件是非常具有挑战性的,因此人们必须全力研究语音的组成。整场战役的胜负可能就取决于一位军官是否能在炮声隆隆的战壕里听清 楚一条至关重要的消息。贝尔实验室的科学家尝试建造出一台可以分析 所谓的”语音讯号”并最终能够合成人类语音的机器,这项研究可是高 度的军事机密。这些科学家们利用“声谱仪”改装后的一种新仪器,来观察语音中许多重要组成部分的视觉化形式:某段信 号中语音频率的分布、某段信号的时间长度以及某个既定信号的声音振 幅。每种语言中每个发音的特征都是由这三个属性体现出来的。

    随着现代研究人员逐渐“看到”人类语音各方面的特征,极度错综复 杂的语音也渐渐得以视觉化。举个简单的例子,语音学家格雷丝·耶尼-科 姆昔安研究指出,我们说话的频率是每分钟说出 125至180个连续的词,而且每个词的头尾都没有听觉线索(试着想象一下,一种陌生的外国语言在你听来,只是一系列连续但无法理解的声音)。在我们使用的语言中,我们都知道如何根据字句的意义、语法角色、词法单位,以及音律、重音和语调来区别语音单位。然而,这些信息对于辨别第一个词的结束与第二个词的开始只能提供极为有限的帮助。因为音 位与音位之间相互重叠,前后影响,所有的音位都通过这种协同发音的方式粘到一起。耶尼-科姆昔安曾这样描述:对于语音知觉 研究者来说,一个极大的挑战就是确定单个语音是如何从复杂的语音信号中切分出来,并被恰当识别的。

    协同发音: 指发音时在声道中的两个 (或偶遇多个)不同的部位形成阻碍。这两个阻碍可能 同样是完全阻塞,或其中一 个阻碍程度较轻。

    希腊字母文字的发明者把这两个问题都解决了。首先,如本书中所述, 他们系统地分析了腓尼基语的每一个音位,以及这些音位与腓尼基字母之 间的对应关系。其后他们利用同样的方式分析了希腊语的语音。接着再以 腓尼基文的字母为基础,最终给希腊语中的每个音位都配上了一个希腊字 母,这样使得元音有了新的字母。举个例子,表示元音a的希腊字母alpha是由腓尼基文字中的aleph—词变化而来,该词的原义为“公牛”。

    在一次有趣的语言改革中,希腊人改变了一些符号以便匹配某些地区 方言的特征。因此在希腊的不同城市,希腊文字会出现细微差异。这种改 变文字中的字母以符合方言的做法,体现了语言的实用主义和语音方面的 精妙知识。就算是今天法兰西学院的学者也未必会有如此的胆识。只有在完全理解所有语音令人震惊的复杂程度之后,我们 才能真正体会并欣赏希腊人的成就。如果说苏美尔人是最早的语言学家, 梵语学者是最早的语法学家,那么希腊人就是最早的语音学家。

    希腊字母的发明者有意识地系统地分析语音,这项伟大的创举在今日 每个学习阅读的儿童的身上都会无意识地发生。古希腊的莘莘学子拥有一 套近乎完美的字母文字,里面包含着近乎完美的字母与音位的对应关系。这使得他们比苏美尔人、阿卡德人或古埃及人都能更快地获得流畅读写的 能力。有人甚至提出这样的问题:是不是正因为古希腊人能较早达到这样 的阅读流畅程度,其思想才得以蓬勃发展,并开创了古典希腊文化的盛世?

    这是个目前无法回答的问题,但具有讽刺意味的是,古希腊人数百年 来对于教授希腊文字都持有矛盾心态。在创造出革命性的字母文字之后不 久,古希腊国内主要的反响却是持续长达400年之久的抨击声。与古埃及 人和阿卡德人完全不同,受过教育的希腊人认为他们高度发达的口语文化 要比文字文化更优越。

    历史上的苏格拉底是口语文化最具雄辩力的捍卫者,和对文字文化最 强烈的质疑者。在理解古希腊人对字母文字发明的矛盾态度前,我们首先 必须要问:为什么世界上最杰出的思想家和新思维的提出者要反对使用字母文字?现在我们必须把焦点转向古希腊的口语文化与文字文化之间那场 没有硝烟的战争。柏拉图小心翼翼地记载下苏格拉底反对读写能力的那些 令人震惊的观点,这些论断告诉我们为什么今天的人们还应该听从古代哲 人们的建议。

    苏格拉底的抗议

    苏格拉底自己完全不动笔,若我们采信柏拉图《对话录》中所记录的原因,这是因为他相信书本会造成积极判断思考的短路, 造就出仅拥有“虚妄智慧”的学子。——玛莎·努斯鲍姆
    不消多说,是因为亚里士多德,希腊社会才从“头口传授” 转型为“习惯阅读”。——弗雷德里克,凯尼恩爵士

    他的生活和衣着都很简朴,他形容自己是“在那头尊贵而懒惰、名为 ‘希腊’的马背上尽情吸吮的虻”。有着睿智的眼神、凸出的额头与脱俗的 外表,他站在中庭,四周围绕着学生,他们激烈地讨论着抽象之美、知识 以及“审视生命”的深刻意义。他讲话时就像拥有一种神奇的力量,规劝着雅典的年轻人为追求“真理”而奉献终生。他就是我们都熟知的苏格拉 底,那个哲学家、老师,同时也是雅典市民。

    在编写早期阅读脑的历史时,我意外地发现苏格拉底在两千多年前提 出的对读写能力的质疑,说中了众多21世纪我们所关心话题的要害。我开 始理解苏格拉底为什么会担心文化传承由“口耳相传”转化为“诗书继世” 可能会造成危害,尤其是在年轻人身上,因为这正如我们担心自己的孩子 沉溺在数字化世界中一样。正如当时的古希腊人处于重要的转型期,如今 我们正处于从“文字文化”向“数字文化”和“视觉文化”转变的时代。

    我把公元前5世纪至公元前4世纪苏格拉底及柏拉图讲学的时代当做一个窗口,由此来观察与我们不同但差异不大的希腊文化如何在不确定的 情况下,从一种主要的传播方式向另一种新的方式转型。没有几位思想家 能像苏格拉底这只“牛虻”一样,帮助我们审视口语及书面语言在21世纪的地位。

    希腊三杰”对文字的态度:苏格拉底强烈反对人们未经指导就随意使用文字;柏拉图则用文字把老师的话忠实 地记录了下来;而年轻的亚 里士多德早就养成了阅读的 习惯。

    苏格拉底强烈地谴责对书面语言 不加控制的传播;而柏拉图则以正反 并立的矛盾态度,用文字记录下了这 段书写史上最重要的对话;至于年轻 的亚里士多德,则早就沉迷于“阅读 习惯”之中。这三人组成了世界上最 著名的学术王朝之一,苏格拉底是柏 拉图的导师,而柏拉图又是亚里士多 德的导师。不过大多数人不知道这一点:如果柏拉图的《对话录》对苏格拉底本人的历史记载无误,那么苏格拉底师承自狄奥提玛,她是一位来自曼尼提亚的女哲学家,向来以对话的方式教导学生。

    苏格拉底与其学生的对话因柏拉图的文字而永垂不朽,这些对话展示出了苏格拉底心中的理想,他认为所有的雅典市民都应为达成人类自我成长而努力。在这些对话中,所有的学生都意识到:只有通过斟酌过的语句及分析过的思想才能达到真正的美德,而唯有真正的美德才能塑造一个公 正的社会,才能使人民更接近他们的神。换句话说,美德,不论是个人的 还是社会的,都要基于对已有知识的彻底审视,并吸收内化其中的最高原则。

    这种高强度的学习模式迥异于大多数早期希腊的传统教学模式。在早 期的教学模式中,个体要接受集体的智慧,例如《荷马史诗》。而苏格拉底 则教导学生质疑言谈中的话语及概念,并了解其背后隐含的信念和观点。 苏格拉底要求学生质疑所有的事物,《荷马史诗》中的章节、政治议题,甚 至每一个字,直至原文的本质变得逐渐清晰。学习的一贯目标在于了解这 些文本如何反映,或为何不能反映出社会的深层价值,而对话中的问题与 答案则是教导的载体。

    苏格拉底的教学被认为是蛊惑青年,他因此受到审判。当时有500个雅典市民宣称他罪可当死,部分人则谴责他不信神。对于苏格拉底而言, 反对者的这些控诉仅仅是为了掩饰他们的政治动机,其一是惩罚他成立了 一个似乎会危害国家的友谊圈;其二是制止他质疑已被广泛接受的智慧。 苏格拉底一生致力于“以全部的智慧”审视我们的言语、行动和思想。虽 然他被毒死,但他的精神是不朽的。他的训诫没有随时间消逝,而是在我 们的耳边回响了数个世纪。以下是他接受审判时的一段著名的申辩:
    如果我告诉你们,对一个人来说,最好的事情就是每天探讨美德的 问题,每天审视自己和他人的内心;如果我说未经检视的生命是不值得 活的,你们可能更不相信我所说的。但是各位,我所说的话,确为事实,只是我很难让你们相信。

    当审视书面文字时,苏格拉底的立场颇令人意外:他深信书面文字会对社会造成严重危害。他的三个顾虑看似简单,实则不然。随着现在信息 获取方式的转变,我们的智力也在发生改变,我们有必要理解他反对的理 由,并推敲其中的本质意义。首先,苏格拉底认为口语和书面文字在个人 的智慧生活中扮演不同的角色;其次,他认为书面文字对智力的新要求较 不严谨,对于记忆以及知识的内化吸收具有毁灭性的影响;最后,苏格拉 底极力推崇口语在社会的道德和美德发展中扮演的独一无二的角色。在每 一条理由中,苏格拉底都认为口语优于书面文字,他的理由至今仍值得我们深刻关注。

    苏格拉底的反对理由之一:书写文字缺乏弹性

    文字的道理,在于通晓文字与热爱文字,这是一条通往事物 和认知本质的道路。 ——约翰·邓恩

    在电影《寒窗恋》中,哈佛法学院教授查尔斯·金斯弗尔德每天以质问的方式威吓他的年轻学生,要求他们无论说什么都要 用法律案例来证明自己的论述。在第一场教室场景里,金斯弗尔德宣布: “我们在这里采用苏格拉底的方法……回答,提问,回答。通过我提出的问 题,你将学会自我教育……有时你可能会认为你有最终的答案,但是我可以肯定那是错觉。因为在我的教室里,永远都会有另一个问题在等着你, 我们在这里做的是脑部外科手术,我提出的所有小问题都是在探索你的大脑。”

    金斯弗尔德这个虚构的形象不仅是现代苏格拉底教学法的体现,也是 一个运行良好的阅读脑的体现。现在许多教师和教授在教室里讲课时,仍然延用这样的方式,让学生在每一次讨论中分析彼此的假设和智力基础。 这场戏再现了雅典学院的提问场景。金斯弗尔德教授要求学生理解法律案例,如此才能以法律来维护社会正义。苏格拉底则希望他的学生知道字词、 事物及思想的本质,这样才能培养出美德。

    苏格拉底的教学方法以一种特别 的视角来看待语言,他认为语言是丰 富的、有生命力的,经过指导,可以 用来追求真善美。苏格拉底相信,不 同于“死气沉沉”的书面语言,口语,或者说“活的语言”代表着动态的实体,到处都充满着意义、声音、旋律、重音、语调和节奏,时刻准备着在审视和对话中被一层层揭开。相比之下,写下 的文字不会回应它的阅读者。文字的沉默破坏了苏格拉底视为教育核心的 互动式对话。

    苏格拉底教学法:“通过讨论而探索。”不给学生现成的答案,而是用反问和反驳的方法使学生在不知不觉中接受其思想。

    大概没有几位学者比列夫,维果茨基更认同苏格拉底对生动的演讲及对话的价值的重视。在维果茨基的经典著作《思维与语言》这本书里,他描述了文字与思想、老师与学生之间的启发性的关系。同苏格拉底一样,维果茨基认为在儿童发展字词与概念对应关系的 问题上,社会交往扮演着极其重要的角色。

    但是维果茨基和当代的语言学者并不认同苏格拉底关于书面文字的狭 隘观点。在维果茨基短暂的生涯中,他观察到写作可以引导每个人精炼思想,并从中发现新的思维方法。在这个意义上,写作过程的确可以在一个人的 身上再现苏格拉底同斐德罗的对话。换言之,写作之人需要 在其内心的对话中,找到更精确的文字来捕捉思想。每个试图表达出自己 思想的人都有这样的经验:在写作的过程中,慢慢地可以观察到我们思想 的改变。苏格拉底从不曾体验到文字所具有的对话能力,因为在他的年代, 写作还处于萌芽阶段。如果他能晚一个世代出生,可能会对文字宽容许多。

    数百个世代之后,我很好奇若是苏格拉底还在世,他会对21世纪人与人之间的交流方式有何反应。现在有许多不同的方式能达到他所谓的“回应”,如人们互相发短信,互发电子邮件,使用可以朗读、识别并翻译多国语言的机器。对苏格拉底和今天的我们来说,本质的问题在于:这些有 “回应”的交流方式是否能培养出真正具有批判性的思想。

    苏格拉底更关心的是书面文字会让人误以为它们就是真理。文字看似无法看透的特性掩盖了其虚幻的本质。因为它们“看起来似乎……具有智 慧”,所以它更接近事物的本质。苏格拉底担心这种假象会让人们在刚开始 了解一件事物之时,就误以为自己已经完全了解了它。这会导致骄傲自负、 一无所获。

    在这种担忧之下,现在数以千计的老师和父母,与苏格拉底和金斯弗 尔德教授具有同样的心境,他们看着年轻人每天花费很多时间在电脑前接收大量信息,却未必能理解所有信息。苏格拉底一定无法想象这种没有经 过深思熟虑的学习方式,对他而言,教育的真正目的是追寻真理、智慧和美德。

    苏格拉底反对理由之二:记忆力的毁坏

    在今天的危地马拉,玛雅人这样评价外来者的行为:他们做 笔记不是为了记住什么,而是为了可以不必记住。 ——尼古拉斯·奥斯特
    如果人们学会了写字,他们的灵魂会变得健忘。他们不再会 训练自己的记忆力,因为他们依赖文字来记住某件事,对事物的 记忆不再来自内心而是来自外在的记录。事实上,你所发现的不 是记忆的秘诀,而只是提醒的技巧。 ——斐德罗

    苏格拉底认为,文字与口语在教育、哲学、描述事实、精炼思想以及 追求美德方面的差距还不是最严重的,最严重的是,文字会损害个体的记 忆力,影响知识的内化吸收。苏格拉底清楚地知道读写能力通过降低对个人记忆的需求,将极大地提高文化的 集体记忆,但是他无法接受以降低个 体的记忆力作为代价。

    古希腊人非常崇拜记忆力:古希腊人认为记忆力是女神妮莫辛的化身。妮莫辛是所有女神中漂亮的一个,宙斯跟她待在一起的时间最长。在希腊人看来,将活力(宙斯)注入记忆(妮莫辛)就会产生创造力和智慧。现在我们用来称呼记忆法的专用术语”记忆术”,即由女神妮莫辛的名字演变而来。

    受教育的古希腊年轻公民们利用超强的记忆力,反思、检查了大量的 口传资料,不仅保存了社会现有的文 化记忆,同时也增进了个人及社会整 体的知识。苏格拉底与当年审判他的 法官是不同的,他重视整个教育系统, 而不担心“保存传统”的问题,他相 信唯有通过勤勉的记忆过程,个体的 知识才得以巩固;唯有通过与老师的 对话,个体的知识才得以进一步精炼。

    在这个语言、记忆与知识相互作用的观点下,苏格拉底认为文字非但 不是记忆的“秘诀”,反而是摧毁记忆的潜在威胁。文字在保存文化的集体 记忆上的优势是毋庸置疑的,但更为重要的是,个体记忆的保存,以及个体记忆在知识的反思与实践方面所起到的作用。

    如今大多数人把记忆力看做从幼儿园到大学整个教育过程中的必备条 件,但是与古希腊人相比,甚至和我们的祖辈相比,我们需要背诵的知识 越来越少。有一年我问我的学生们这样一个问题:有多少诗是你们可以 “铭记在心”的? 10年前的学生大约可以背诵5到10首,最近的学生只能 背诵1到3首。这个简单的调查不禁让我重新思考苏格拉底那些看起来过 时的论点。需要背诵的知识逐渐减少,诗歌,甚至是乘法口诀都不再需要 完整地记忆,这对我们的下一代意味着什么?当停电、电脑死机或火箭系 统出现故障时,我们的孩子又该怎么办?我们的孩子和古希腊的孩子在连 接语言与长期记忆的大脑神经通路方面,又会有什么区别?

    显然,我孩子的祖母,86岁高龄、犹太血统的洛蒂·诺姆肯定会令未来的孩子们感到震惊。在任何场合,她都能够给孙子们背出应景的里尔克三段诗、歌德的诗句,甚至是带点颜色的打 油诗,这给他们带来无穷的乐趣。有一次,我满怀羡慕之情地问她是如何 记忆这么多的诗篇以及笑话的。她回答得很简单:“我总是希望能拥有一些 即使进了集中营,别人也无法夺走的东西。”洛蒂的话促使我们停下来思索, 日常生活中“记忆”占有什么样的地位?随着世代更替,记忆又将蕴含什 么样的终极意义?

    关于苏格拉底对逐渐消失的个人记忆的态度,有一个生动的故事:有一次,他抓到学生斐德罗在背诵利西阿斯的演讲词时偷看小抄,这可能是人类有史以来的第一张小抄。为了帮助记忆,斐德罗把 演讲的内容记录下来,并且把小抄折叠起来放在长袍里。猜到了学生的所作所为,苏格拉底开始批评文字的本质及其在教育上造成的反面效果。

    苏格拉底将文字比喻成一幅美丽的绘画,仅仅是“逼真”而已,“如果 你问它任何问题,它依旧保持庄严的沉默。它看似充满智慧,能告诉你许 多事情,但当你因求知欲提问时,它也只能告诉你一成不变的答案,总是 如此”。

    不过,让苏格拉底生气的学生也不只是斐德罗一人而已,《普罗塔哥 拉》中记载,苏格拉底严厉抨击某些人的思维“像莎草纸般 僵硬,既不会回答问题,也不会提出问题”。

    苏格拉底反对理由之三:语言的失控

    其实,苏格拉底最深的恐惧并非阅读本身,而是知识泛滥及不求甚解 的学习态度,也就是“浅尝辄止”。不受教师指导的阅读常会于无形中导致 难以矫正的知I只失控。正如苏格拉底所言:“一旦某件事付诸文字、写成文 章,不论以何种形式传播,它不仅会流人理解的人手中,也会流入无知者 手中。文字并不会选择对象,也分不清对错。因此当它遭到误解或者滥用时,便再也无人替它阐释或辩驳了。”

    在苏格拉底随处可见的幽默与经验丰富的嘲讽之中,隐含着深深的忧 虑,那就是缺乏学校教育或社会教育的文字,将引发知识的危险性。在他 看来,阅读犹如新版的潘多拉之盒^文字一旦传播,对于什么该写、谁 来阅读以及阅读者该如何阐释文字,将会出现无人负责的情形。

    知识越多,疑问越多,这个规律贯穿着人类的历史一从“知识树上的果实”到现在的搜索引擎。苏格拉底的担忧在今天 显得更为严重,因为每个拥有电脑的人都可以随时随地以无人指导的方 式在电脑屏幕上迅速地获取各种知识。

    这个集“即时”、“虚拟现实”、“近乎无限”于一身的信息时代,是否 将给备受苏格拉底、柏拉图及亚里士多德推崇的知识与道德带来极大的威 胁?电脑屏幕上涌现的肤浅信息会淹没我们的好奇心还是引发我们对更深 刻的知识的求知欲?持续的部分注意力及多重任务的处理能力是否能引起 我们对文字、思想、现实及道德的深刻反思?文字、事物与概念的重要本 质能否通过32位操作系统来学习?被这些过于真实的影像惯坏了的孩子,仍能脚踏实地吗?当我们面对图片、电影或所谓的电视真人秀时,我们是 否更加自以为是地认为自己已经了解了真相?苏格拉底如果身处今日,在 电影上看到带有自己风格的对话场景,进入维基百科查到关于自己的条目, 他将做出何种反应?

    对于我们获取信息的方式,苏格拉底会持何种观点?这个问题每天都 困扰着我,尤其是当我看到两个儿子用网络完成功课,并告诉我他们“完 全懂了”的时候,我体会到很久以前苏格拉底对抗文字的那种无力感。我 不得不思考,目前的失控局面,正如苏格拉底在2500年前担心的那样。在 这种情况下,下一代将学到什么、如何学习、学到什么程度呢?不过这种 变化的好处也是显而易见的,柏拉图正是以文字保存了苏格拉底反对文字 的观点。

    综上所述,苏格拉底最终还是输了这场反对文字普及的战争,因为他 没有看到文字的全部能力,也因为新的沟通方式及知识形态的出现是无法逆转的。苏格拉底不能阻止阅读的普遍化,我们也不能拒绝接受日益先进 的科技。我们对知识的追求更加确定这是必要的。不过,思考苏格拉底的 反对理由和探索大脑与阅读的动态关系同样重要。其实,正如柏拉图所意 识到的,苏格拉底真正的敌人并不是文字。他所反对的是”丧失检视语言 的能力”,以及”没有使用我们所有的智慧”去使用语言。

    在这一点上,即使是在他那个时代,苏格拉底也不是孤独的。公元前 5世纪,世界另一端的印度梵文学者同样贬低文字,认为口语才是真正促 进智力与灵性成长的载体。这些学者质疑并批评任何对文字的依赖,认为 文字将破坏他们毕生的工作一对语言的分析研究。

    下一章将讨论“最年轻的人类群体”是如何发展语言及阅读能力的。 当我们帮助下一代或之后的子子孙孙学习文字与追求知识与道德时,我希 望苏格拉底的提醒犹在:别忘了检视它们对生活的真正意义。

    第二部分 阅读如何改变了我们的思维:阅读脑的发展

    在诸多人类凭借自己的精神、而非与生俱来 的天赋所创造的世界中,书本世界是最了不起的 一处。当孩子开始在他们的小黑板上涂写、识字 时,他们就此进入了一个错综复杂的人造世界,没 有人的生命长到足以完全了解、完美运用这世界运 行的法则。没有文字,没有书写,没有书本,就没 有历史,也就不可能产生人之所以为人的观念。 ——赫尔曼·黑塞

    第四章 阅读决定孩子拥有怎样的思维与人生

    当世上第一个婴孩发笑时,笑声碎裂成上千片,这就是童话 故事的开始。 ——《彼得·潘》
    在我看来,打从两岁起,每个孩子就都成了语言天才,不过 这个时期很短。到六岁时,这样的才能逐渐消退。到了八岁,完 全看不出来他们曾有过的文字创意,这是因为他们不再有这样的 需求。 ——科涅·丘可夫斯基

    我脑中常常浮现出一个画面:一个小孩坐在疼爱他的大人的腿上,全 神贯注地聆听着从大人口中流溢出的一字一句,讲述在此之前他想都不曾 想过的远方的精灵、神龙和巨人的故事。幼儿的大脑开始准备阅读的时间 比我们想象的要早很多,童年初期所接触的一切材料,每一个感知、概念 与文字几乎都会为他们所用。儿童会学习使用那些构成大脑常规阅读系统 的所有重要结构,接着将他们的所见所闻与书面语言结合起来,后者是人 类经过一次又一次的突破,在过去近两千年的历史中,才逐渐学会的。而 这一切都始于长辈温暖的臂弯和舒适的怀抱。

    数十年来的研究显示:一个儿童聆听父母或其他亲人阅读的时间长短, 与他数年后的阅读水平有很大关系。为什么?再仔细回想一下刚才所描述 的情景:一个孩子坐在妈妈的怀里,看着彩色图案,听着古老传说与新奇 故事,渐渐地认识书中构成字母的线条、构成文字的字母以及组成故事的 文字,而且故事可以一遍一遍地阅读。这种很久以前就存在的场景,蕴藏 着对儿童阅读发展至关重要的众多前提条件。

    儿童一开始究竟是如何学习阅读的?聆听充满魔法与精灵的传说?还 是错失听故事的机会?这两种情形代表着两种截然不同的童年:第一种童 年是大家所衷心期盼的,我们的每一个愿望在故事里都会成真;而第二种 情况,儿童没有听到多少传说与故事,没有学会多少语言,在还未开始阅 读之前,这些儿童就已远远地落后了。

    从听故事到读儿歌

    对婴儿的研究显示,亲人的抚摸对他们的发育起着至关重要的作用, 阅读发展的道理与此类似。只要婴儿可以坐在抚养者的腿上,就能将读书 和被宠爱的感觉联系起来。在《三个奶爸一个娃》这部搞笑而温馨的电影中,汤姆·塞莱克念赛狗的结果给婴儿听,大家都责骂他毒害孩子,但实际上他歪打正着。不论是赛狗的结果、股市行情还是陀思妥耶夫斯基,你都可以念给8个月大的婴儿听,如从此爱上文字。儿童有机会果是彩图版的效果就更好了。

    启蒙阅读:把婴儿抱在怀里给他读故事,他会把阅读过程和被爱的感觉联系起来,从此爱上文字。儿童有机会在故事里体验、揣摩各种情绪,学会理解别人,变得细腻敏感。

    试想一下,为什么许许多多的儿童夜复一夜地求着父母念玛格丽特-怀 斯.布朗的《月亮晚安》给他们听?是因为故事插画里有小夜灯、连指手套、一碗热乎乎的粥和摇椅这些属于童年世界的东西?是因为找到 每一页隐藏在不同地方的小老鼠而带来的成就感?还是因为朗读者随着一 页页的阅读而变得更加温柔的声音?这一切都为儿童长期的阅读学习过程 提供了理想的开始,因此有些研究者称此为自发的或早期的读写能力。聆 听文字与感受被爱之间的联系,为以后长远的学习历程奠定了最佳基础。 没有一个认知科学家或教育研究者可以设计出比这个更好的方案。

    重要的文字游戏

    这个过程的下一步涉及对图案的进一步理解。当儿童能够认出书本中的插图,就意味着这些书很快会被翻破。这个现象的背后暗藏着一套婴儿在6个月大就发育完备的视觉系统、一套离成熟还很遥远的注意力系统,以及每一天都在跳跃性成长的概念系统。随着时间一天天地过去,婴儿的 注意力与日俱增,对熟悉图案的理解与对新事物的好奇心也不断提升。

    儿童理解力与注意力的增长为阅读提供了最重要的前提条件——早期 的语言发展,领悟到小马、小狗这些东西都有一个名称。每个儿童的童年一 定都经历过与海伦,凯勒一样的认识水的过程,她通过触觉来感知水,第一 次明白了这种东西是有名字的,而这个名字是她通过符号语言与所有人交 流的一个标签。正如编撰《梨倶吠陀》的古代作家所认识的那 样:智者建立了命名系统,此乃语言的第一原则。

    对于成人来说,拋弃习以为常的概念,去理解“婴孩不知道这世上的 每样东西都有一个名字”,恐怕并不容易。渐渐地,儿童学会给他们世界里 最突显的部分安上标签,通常是从照顾他们的人开始。不过通常要到18个 月大时,他们才能意识到每样东西都有一个名称。虽然很少有人注意这一点,但是这可是个体生命前两年中了不起的突破之一。

    婴儿能发展出这种能力,有赖于大脑连接两个以上系统的能力,如此才得以判定新事物。婴儿顿悟的潜在基础是婴儿大脑能够联系、整合来自于视觉、认知与语言等几个系统的信息。当代儿童语言学家琼·伯科·格利森(Jean Berko Geason)强调:不论是亲人、小猫还是小象巴巴尔,婴儿每学会一个名字,大脑就会有一次重大的认知转变,开始将发展中的口语系统与逐渐成形的概念系统联系起来。

    儿童开始知道事物有名称后,书本内容的重要性便显现出来,因为这时儿童可以决定读什么。这里有一个重要的动态发展:对儿童说的话越多,他们对口语的了解也会越多;为儿童读的书越多,他们对周围语言的理解就越深,词汇量也会越大。

    童年初期这段将口语、认知与文字交织发展的时期是语言发展最为丰富的一个阶段。哈佛的认知学家苏珊·凯里(Susan Carey)研究儿童学习认字的过程,她戏称这是“快速制图”(zap mapping)。她发现大多数在2~5岁之间的儿童平均每天可以学会2~4个新字,在童年早期的这个阶段中可以学会上千个字。这正是俄国学者科涅·丘可夫斯基所谓的“语言天才”。

    语言天才来自于口语中的诸多元素,这些元素日后将融入文字的发展。随着语音能力的发展,儿童渐渐地能够听出、辨别、切分甚至操作文字中的音位,这些为他们明白文字是由声音组成的这一至关重要的事实铺平了道路。举个例子,cat一词是由三个不同的字音(/k//a//)组成的。语义的发展是指儿童词汇量的增加,这使得他们不断增进对文字意义的理解,是整个语言发展的主动力。语法的发展是指儿童理解并使用语言的语法关系,这为他们逐渐理解书本语言中复杂的句型打下基础。例如,这使得孩子懂得词语顺序会影响句子的意思:如“猫咬老鼠”和“老鼠咬猫”的意思是不同的。

    词法的发展则是理解与使用最小的意义单位(如cats中表示复数的s与walked 中表示时态的ed),这有助于理解故事与句子中不同词性与词法功能的词汇。最后是语用(pragmatics)的发展,儿童在自然的语境中认识并使用语言的社会文化“规则”,还可以帮助他们日后理解文字如何运用在书中描绘的无数种不同语境中。

    口语发展的每一个方面,对于儿童的语言发展–对词句的理解以及在口头和书面语言中遣词造句,都做出了必不可少的贡献。

    快乐、悲伤与友情

    然而,上述这些语言能力都不是凭空出现的。这一切都基于儿童大脑的发育和概念性知识的积累,其中贡献最大的是儿童的情绪以及理解他人的能力的发展。儿童成长的环境决定了这些因素不是得到培养就是受到忽视。

    举个现实中的例子:假设有个三岁半的小女孩,具备了所有应该具备的语言天赋,经常有人抱着她,读书给她听。她已经明白哪些图片是出现在哪些故事里的,也能感受到故事通过文字想要传达出的感情,有快乐有恐惧,也有悲伤。通过这些故事与书本,她开始学习一整套的情绪。对她而言,故事与书本都是体验这些情绪最安全的地方,因此对她阅读的发展有着潜在的贡献。儿童的情绪发展和阅读之间是相互促进的关系。儿童通过阅读来探索新的情绪这种体验也为接下来理解更复杂的内容做好准备。

    童年时光为人类提供了学习社交、情绪与认知技巧最重要的基础,即了解他人观点的能力。对3~5岁的儿童来说,理解他人的感觉并不是一件容易的事情。20世纪最著名的儿童心理学家让·皮亚杰(Jean Piaget)曾表示:这一时期的儿童是以自我为中心的,意思是由于这段时期智力发展的限制,他们是以自己为中心来理解整个世界的。正是他们日益增进的“理感受。

    阿诺德·洛贝尔(Arnold Lobel)的〈青蛙与蟾蜍》( Frog and Toad)童书系列中,便有一个这样的例子。在一则故事中,青蛙病得很重,蟾蜍想都不想便赶去营救他,这完全是出于同情心。蜍每天喂青蛙吃东西,照料他的起居,一直到他可以起床玩要为止。这个小故事提供给孩子们一个意义深远的范本,让他们知道了解别人的感受是什么意思,以及这如何成为互助的基础。
    在另一本以河马为主角的故事书中也传达了人类似的概念,教导孩子们何谓共情。在詹姆斯·马歇尔(James Marshall)著名的系列书籍《乔治和玛莎》( George and Martha)中,有两只可爱的河马,他们是最好的朋友。在每一个故事里,他们都教导孩子如何做一个很好的、能够理解他人的朋友。其中有这样一个故事:有一天乔治被绊倒了,摔掉了他的两颗大门牙。门牙对河马来说非常重要,在换成金牙以后,他都不敢给玛莎看,但是善解人意的玛莎对他说:“乔治你帅呆了,你的新牙齿让你看起来与众不同!”乔治立刻就高兴起来了。

    许多小朋友在听这些故事时,会体验到故事传达的想法与感受,这些故事起了很好的示范作用。也许我们永远都不会坐在热气球中飞翔,不会在赛跑中跑赢兔子,或是和王子跳舞直到午夜钟响,但在故事书里,我们可以体验到那样的感受。在这个过程中,我们不断走出自我,开始理解“他而这正是普鲁斯特所谓的沟通的中心在于文字。

    书本语言教会了我们什么?

    我们开始意识到我们和他人的感受之间是有联结的,同时也能区分这当中的界线。大约就是在这个时候,我们更强烈地意识到了另一件事:书本上充满了长短不一的文字,每次念到时声音都相同,就跟图片一样。这种智能上的发展只是整个大发现的一部分,我们渐渐认识到,书本拥有一套自己的语言。

    “书本语言”这一概念很少在儿童的脑海里出现,我们自己也很少会考虑到。事实上,这套语言具备一些独特且重要的概念特征和语言特征,它对认知的发展可谓贡献良多。首先,最明显的是,一些书中特有的词汇不会出现在口语中。回想一下那些你喜欢的传说故事,开头通常是这样的:
    很久很久以前,在一个黑黑的、孤独的、永远看不到阳光的地方,住着一个小精灵,由于皮肤从来没有受到阳光的洗礼,所以脸颊消瘦面色苍白。在山谷的另一边,阳光在每一朵鲜花上舞蹈,那里住着一位少女,有着玫瑰花瓣一样的脸颊,金色丝绸般的头发在阳光下闪闪发光。

    没有人会这样讲话,至少我从来没有遇到过这样的人。“很久很久以前这样的语句,或是“小精灵”这种字眼,也不会出现在一般对话中。这些都是书本语言,给孩子们提供线索,帮助他们猜测这是哪种类型的故事以及可能发生的事情。实际上,到了幼儿园阶段,多数5岁左右的儿童的主要词汇来源是书中的文字,他们那时储备了10000左右的词汇量。

    在这成千上万的单词当中,有相当大比例的词形是由已知的词根变化而来的。举个例子,认识sail这个词根的孩子,很快就能了解并学会这个词的各种相关形式:sails,sailed,sailing,sailboat等。

    不过词汇的增长并不是故事与书本语言唯一的贡献。同样重要的还有日常对话中并不经常出现的语法结构。“永远看不到阳光”和“由于(for皮肤从来没有受到阳光的洗礼”这样的句子结构一般仅见于书本中,理解这些需要更多的认知灵活度与猜测能力。5岁以下的孩子很少听到for出现在这样的句子里,for在这句话里是连接词,意思是“由于”,和then、because 这类表现因果关系的词一样。孩子可以从故事的前后文中学到for这样的用法。当孩子学会类似的词汇用法以后,他们的语法、语义、词法与语用各层面的能力都会得到全面的发展。

    阅读研究者维多利亚·珀赛尔-盖茨(Victoria Purcell-Gates)的研究更加凸显出给孩子讲故事的深刻意义。珀赛尔-盖茨比较了两组还不会阅读的5岁儿童,他们的家庭经济背景、父母教育程度都相似,只是一组在过去两年内经常有故事可以听(每周至少5次),我们暂且称之为“听故事组”;另一组则是没有故事听的对照组。珀赛尔-盖茨只要求这两组儿童做两件事情:首先讲一个关于自己的故事,比如过生日的情况,然后假装给洋娃娃念故事。
    结果两组的差异很明显:与对照组儿童相比,“听故事组”的儿童在讲自己的故事时,不仅会讲出许多书本上特有的文学语言,还会使用更为复杂的句型、更长的语段和从句。

    这样的差异之所以重要是因为:当儿童能使用自己的语言中一系列语义与语法后,理解他人的口语和文字的能力也会更强。这种语言和认知能力为孩子几年后的发展打下了独特的基础,当他们开始独立进行阅读时会掌握更多的理解技巧。
    最近,社会语言学家安妮·夏丽蒂(Anne Charity)与其同事霍丽斯·斯卡伯勒(Hollis Scarborough)的一项研究显示:语法知识对于母语是其他方言或外语的孩子来说更为重要。他们发现在说着一口非式美语(African-American English)而不是标准美语的儿童身上,儿童的语法知识和他们将来学习阅读的好坏关系密切。
    书本语言还可以帮助儿童理解什么是“修辞手法”,例如隐喻与明喻想想刚刚那个故事里的几个明喻:玫瑰花瓣一样的脸颊,金色丝绸般的头发。这样的段落是美好的,但是需要很高的认知能力才能理解。儿童必须将“脸颊”和“玫瑰色花瓣”进行比较,将“头发”和“金色丝绸”进行比较。在这一过程中,他们获得的不只是词汇技巧,还有类比这一复杂的认知技巧。类比的技能无比重要,足以作为每个年龄层主要智能发展的代表。
    在《好奇猴乔治》(Curious George)中可以找到一个关于早期类比技巧的有趣例子。《好奇猴乔治》讲述了一只猴子对气球有着无止境的好奇心,最终使他飞向天空,在那里“房子看起来都像是玩具屋,人就和洋娃娃一样”。这些简单的明喻实际上在帮助孩子进行复杂的认知练习,如比较大小、远近。20世纪40年代,作者汉斯·雷伊(HansRey)和妻子玛格丽特开始撰写这本书,他们那时可能不知道这本书对儿童的认知与语言发展有多大贡献。从他们写完的那天起,这本书已经持续影响了数百万学龄前儿童的发展。
    书本语言对提高儿童的理解力也有贡献。想想“很久很久以前”这句话,霎时它就能带你脱离现实,激起你对另一个世界的期待。“很久很久以前”是一个暗号,每个具有理解力的学龄前儿童都知道这意味着他们即将进入一个童话世界。这些故事在不同文化与不同时代中,仅有几百种不同类型,而且彼此出入不大。儿童最终将发展出理解许多不同类型的故事的能力,每一种都有其典型的情节、背景、年代与角色。这些认知信息日后会转变为“认知图式”(schemata)的一部分,认知图示是一种惯例化的思考方式,可以帮助我们更好地理解事件与加强记忆。这种规则以一种自我强化的螺旋方式来运行:故事越有条理,孩子就越容易记住,对孩子正在形成的认知图式贡献也越大;而孩子发展出的认知图式越多,也就越能读出其他故事的条理,儿童积累的知识越多,越有助于未来的阅读。

    认知图式:一种惯例化的思考方式,可以帮助我们更好地理解事件与加强记忆。

    能够预测即将发生的情节,对于儿童推理能力的发展(从旧有的信息演译或推测)有很大的帮助。拥有与巨人战斗、拯救美丽少女与破解巫婆咒语等经验的5岁儿童,能更容易地认出书中的生词(如“巨人”)。更重要的是,他们日后便能理解整段话的意思。
    明白了增加儿童与书本接触的机会,将有助于他们日后阅读能力的发展,我们可能会认为只要多读点故事给孩子听就算做足了学龄前的阅读准备,实则不然。根据一些研究者的研究,讲故事给儿童听只是帮助他们准备开始阅读的一部分,另一个有效的方法是教孩子辨认字母。

    字母的名称中蕴藏了什么 ?

    当儿童熟悉书本语言后,他们开始留意更多书本的细节。许多文化中的许多儿童都会通过在书本上移动手指来“阅读”,即便他指的地方一行字都没有。文字意识的一个方面开始于发现书本上的文字有一定的方向:比如英语和欧洲语言都是由左至右,希伯来语和阿拉伯语则是由右至左,还有一些亚洲的文字是由上而下。
    接下来是一系列更为复杂的技能。随着对某几行字的形状越来越熟悉有些儿童能够认出冰箱门上、浴缸上或是图画纸上的几个彩色字母。大脑能够识别出一个字母的视觉形状不是必然的成就,每个古代祖先阅读代币的大脑都是最好的证明。正如前几章提到的,这种能力来自于极为精密的视觉认知系统,还需要与相同的模式和特征有大量的视觉接触,这样才能让我们识别出猫头鹰、蜘蛛、箭头和蜡笔。
    在儿童能够自动辨认出字母之前,必须使用视觉皮质层专门化区域的些神经元来发现每个字母细微而独有的特征,就跟古代的代币阅读者一样。要想从视觉分析层面上理解儿童是如何学习阅读的,可以参考图4-1中的两个汉字。

    图4-1 两个汉字

    这两个汉字有许多和字母文字一样的视觉特征,如曲线、弧线和斜线等。注视这两个字几秒钟,然后立刻翻到本章的最后一页,看看那两个字是与这两个字一模一样,还是有些许不同?大多数成人觉得这个测试很简单,但对幼童的视觉系统来说,这需要复杂的知觉功能,儿童必须先知道西方字母系统中每个细微但明显的特征都能传达信息,还要明白字母是由这些特征组成的固定模式,而这些特征是不会改变的或至少改变不大。

    一个重要的早期概念技能——模式不变性(pattern invariance)有助于字母的学习。早在婴儿时期,儿童就知道他们看到的某些特征(如父母的脸)是不会改变的。这些都是不变的模式。本书第一章就曾讨论过,天赋的本能让我们能够在记忆中存储知觉模式式的表征,然后应用于新的学习情境。因此,当儿童尝试学习新事物时,从一开始就会寻找不变的模式,这有助于他们建立视觉表征和规则,最后他们可以认出冰箱上的任何字母,不论大小、颜色或字体如何。
    从认知发展的角度来看,儿童第一次努力给字母命名,不过就是“配对”学习而已。这就像训练鸽子,鸽子为了得到食物,必须学习将物体与标志进行配对。然而,不久后会出现更精细的字母认知学习,正如苏珊·凯里(Susan Carey)提出的那样:在儿童学习数字时,会出现“自展”(bootstrapping)的情形。举例来说,对许多儿童来说,数数到10与字母歌都提供了概念上的“占位符”(placeholder)表。渐渐地,列表上的每个数字与字母的名称都会与其书写体相对应,最后通过慢慢了解这些字母与数字的作用而完成整个命名过程。
    已故的神经心理学家哈罗德·古德格拉斯(Harold Goodglass )曾对我说他小时候一直以为背字母表中的L、M、N、0时发出的类似elemeno 的声音仅是一个很长的字母。这说明了儿童对字母的概念会随着他们语言和概念系统的发展,以及大脑中识别字母的视觉专门化区域的使用而发生改变。比较幼儿对事物与字母的命名可以发现,在拥有字母识别能力之前与之后,大脑中出现了令人意想不到的变化。简单来说,在识别、命名物体的过程中,儿童的大脑第一次将基础视觉区与语言处理区连接起来。之后在一个“神经再利用”的过程中,这些神经回路又被用到识别与命名字母的过程中,因此书写符号最终可以被快速地阅读。

    目前没有幼儿首次学习字母名称的脑成像研究,但是我们有成人给物体与字母命名时的脑成像图。在最初的几毫秒里,两个过程共同使用37区梭状回(fusiform gyrus)的大部分区域。针对此种现象,有种假设认为儿童早期字母命名的过程和识字前儿童的物体命名过程差不多。当儿童为每一个字母建立起独立的表征后,神经元工作组会逐渐专门化,所需要的区域也越来越小。从这个意义上来说,命名物体和稍后的命名字母代表着现代阅读脑的前两个阶段。
    德国哲学家沃尔特·本杰明(Walter Benjamin)认为命名是人类心智活动的精髓。虽然他从未看过任何一张脑部断层扫描影像,但就命名与阅读的早期发展来讲,他的看法再正确不过。学习在脑海中提取一个抽象的视觉字母符号,是一切阅读过程的基本前提,也是判断儿童能否开始阅读极为重要的指标。儿童在很小的时候具有了命名物体的能力,然后随着日益成长,掌握了命名字母的能力,我的团队经过多年的研究发现,这两种能力决定了孩子未来整个阅读脑神经回路的发展效率。

    不同文化中的儿童开始认识字母的年龄有很大差异。在某些文化或者国家中,比如奥地利,儿童要到一年级才开始学习字母。此外,同一种文化中的儿童也有个体差异。在美国,有些2岁大的孩子就认得出所有的字母,但有些到了5岁(尤其是男孩)还是很吃力。我曾听说有几个5到7岁的男孩,必须要轻声唱完整首字母歌,才能找到所要找的字母,确定其名称。

    应该鼓励父母在儿童看起来已经准备好时,帮助他们学习命名字母,同样的原则也适用于“阅读”环境文字(environmental print),即儿童周围环境中常见的文字与符号,如停止标志、一盒麦片以及兄弟姐妹和朋友的名字。许多还没有上幼儿园的孩子和大多数幼儿园的孩子都可以认出熟悉文字的形状,像是“出口”(Exit)与“牛奶”(milk),通常还有他们名字的前几个字母。有些孩子坚持“象牙色”(Ivory)这个词应该读做“肥皂”这并没有什么关系。

    环境文字:即儿童周围环境中常见的文字与符号,如停止标志、一盒麦片,以及兄弟姐妹和朋友的名字。

    在大多数文化中,每个儿童都先学会识别常见字母和文字,然后开始学习书写这些内容。这一阶段的阅读就像是儿童发展过程中的“表意文字阶段。儿童所理解的正是概念与书写符号之间的关系,这和我们阅读代币的老祖宗没什么两样。

    儿童应何时开始阅读

    一旦儿童开始学习认识字母,家长马上就想到是不是该早点让孩子学习阅读。父母认为早点让孩子读书,将来在学校就能多点优势。许多商家抓住家长的这点心理,为了招揽生意,打出了许多学前阅读系列产品的广告26年前,我在塔夫茨的同事儿童心理学家戴维·埃尔金德(David Elkind)针对这种社会风气写了一本发人深省的书——《揠苗助长的危机》(The Hurried Child)。在书中他提到父母要求孩子阅读的年龄越来越早。最近戴维决定推出这本书的新版,因为他认为这一情况比 20年前更为严重。
    在谈论这个问题时,必须要考虑一下我们的发育时间表。阅读依赖于大脑联结与整合各种信息来源的能力。具体来说,就是视觉、听觉、语言与概念区。整合能力则取决于每一个区域的成熟程度、区域间联合区的成熟程度,以及这些区域联结和整合的速度。而速度则仰赖于神经轴突的“髓鞘化”(myelination)程度。髓鞘是自然界最好的传导材料,由包裹在神经轴突四周的脂蛋白构成(见图4-2)。轴突上覆盖的鞘越多,神经传导的速度越快。大脑各个区域的髓鞘的发展程度是不同的,比如听觉神经在怀孕第6个月时就形成髓鞘,而视觉神经要到出生后6个月才有髓鞘形成。

    图4-2 神经元和髓鞘

    在5岁前,大脑各区的感觉与运动神经区域都有髓鞘形成,并且各自独立运作,但是大脑中快速整合视觉、语言与听觉信息的区域,如角回其髓鞘化过程要到5岁之后才陆续完成。行为神经学家诺曼·格施温德认为多数儿童角回区域的髓鞘一直要到学龄期才发育完成,大约是在5到7岁之间。格施温德还提出过一个假说:某些男孩大脑的重要皮质区的髓鞘形成更慢,这可能解释了为什么多数男孩的阅读能力发展比女孩要慢一些。我们的语言研究也支持这种说法,8岁以下的女孩在许多计时的识字测验中都比同龄男孩要快一些。

    格施温德对于儿童大脑发育到何时才该学习阅读的结论,得到了许多跨语言研究的大力支持。英国阅读研究者乌莎·戈斯瓦米(Usha Goswami)的研究团队进行的跨语言研究引起了我的注意。他们的研究涉及3种不同的欧洲语言,结论是欧洲5岁开始学习阅读的儿童,并不比7岁开始学习阅读的儿童优秀多少。从这项研究中我们可以知道,花许多功夫教导4至5岁的儿童读书识字,从生物学角度来看,其实是揠苗助长,在许多儿童身上可能会收到相反的效果。
    到底何时才准备好阅读,就跟人生一样,总是充满意外。在哈珀·李(Haper Lee)的《杀死一只知更鸟》( To Kill a Mocking bird)里,有个5岁之前就学习阅读的小女孩。故事中的斯考特(Scout),能读出所有视线中的东西,这种超常能力吓坏了她的新老师:
    我读字母表时,她的眉头皱了起来。在叫我大声读出《我的初级读本》( My First Reader)与《莫比尔注册报》( Mobile Register)上的股市摘要后,她发现我识字,反而以更厌恶的眼神看我。卡罗琳小姐让我和爸爸说不要教我了,这样会干扰我的阅读。我从来没有想要学阅读……阅读是突然降临到我身上的……我不记得是何时,在阿提克斯移动的手指上方的那些线条变成一个个文字,在我的记忆里,每个夜晚,我都坐在阿提克斯的腿上,注视着这些文字,听他念每一个字。我从不喜欢阅读,直到我开始害怕会错过他念的东西。就像没有人喜欢呼吸一样。

    作家佩内洛普·菲茨杰拉德(Penelope Fitzgerald)也有相同的经历。她回忆道:“我4岁就开始阅读:好像突然间就看懂了书本上的字母:也了解它们的意义。瞬间,我对它们充满了感激。”像斯考特和菲茨杰拉德这类孩子,当然应该立刻就让他们阅读。至于其他的孩子,有充分的生物学理由让我们相信阅读应该开始于对他们来说最合适的时候。

    教导儿童阅读的时间:一般来说,5 岁之后儿童的大脑才做好学习阅读的准备,男孩可能要晚一些。花工夫教导5岁以下的儿童读书识字,从生物学角度来看是揠苗助长,甚至会适得其反。

    髓鞘形成前期的注意事项

    即便不接受正式的阅读训练,儿童在5岁前还是会发生许多美好的事情,他们各方面都已经发展得很好,可以为未来的阅读做准备,并享受学前生活的乐趣。例如,聆听诗歌朗诵可以强化儿童的听力,最终便能切分语言中最小的发音单位音位。尝试写字反映了儿童对口语与文字之间的联系日益增长的了解。首先,模仿着写出或是画出字母,这时候的确比较接近“草体艺术”而不是概念。接着,这些字母开始反映出儿童逐渐演变的书写概念,尤其是他们名字中的字母。渐渐地,孩子们注意到其他字母开始想到单词是由字母组成的,正如他们的名字一样,这真是一种天才的行为。
    读写研究专家格伦达·毕赛克斯(Glenda Bissex)在她的《孩童读写学习》( Gnys at Work: A Child Learns to write and Read)一书中给出了一个儿童以字母名称来拼写单词的生动例子。当毕赛克斯正专心写作时,她5岁大的儿子给了她一张纸条,上面写着RUDF。意思就是“你了吗?”(Areyou deaf?
    毕赛克斯的儿子就跟许多同龄的孩子一样开始明白两件事情:首先写字可以让大人偶尔转移注意力;其次,字母可以对应到文字的发音。他还不明白的是,字母所代表的发音和字母本身的读法并不相同。R这个字母并不代表 are,而是表示英语音位 //。字母与发音之间的对应是一个微妙而困难的概念,通常连父母,或是一些未受过阅读基础训练的教师,都会忽略其中的复杂性。在绝大多数用来教导儿童阅读的初级教材中,这样的概念几乎不存在。
    四五岁的学龄前儿童可能分不清这其中微妙的差异,不过他们的确开始进入到学习符号表征的新阶段。他们知道文字代表着口语,口语中的词是由语音组成的,最重要的是字母能够传达出这些发音。对多数儿童来说这一认识会引导他们写出一大堆不符合英文拼写规则的东西,但实际上却极具规则性。
    卡罗尔·乔姆斯基和查尔斯·里德(CharlesRead)称这种写作方式为“拼写法创造”,想想刚才提到的毕赛克斯的儿子就可以明白。但是这其中的原则比表面上看起来的要复杂得多。举个例子,试着破译一下“YN’的意思。这样的拼法在儿童的书写中至少代表两个词,分别是wine(酒)与win(赢)。在这两个词中,儿童都以Y来表达/w/的发音。在写wine这个词时,字母Y代表其完整的发音,但在win中则以完整的N的发音来表达 /in/,这两个可能的拼音规则都很合理。
    以“拼写法创造”进行的早期书写,还有一项不寻常的特征,那就是发音并不符合一般所接受的拼音方式。因为英语发音本身变异性很高,再加上其他诸多因素的影响,如地方方言。以我居住的波士顿为例,许多单词中的t,比如 1ittle,小朋友都会写成d(LDL);波士顿南区那些精英人七家庭的儿童要比全国各地的其他儿童多用一年的时间才能学会在cart(车子)里面写上r。大多数波士顿地区的儿童则和已故的肯尼迪总统一样,在AMREKR的后面大方地加上一个r的音。
    关于儿童最初的书写,一个最让人感兴趣的问题是:他们自己是不是能读懂自己写下的文字。实际上,多数的儿童都很难读出他们自己写的东西,不过他们也不见得想要这么做。这样的书写动机以及利用“拼写法创造组成文字的个别字音,都表明了儿童早期书写对阅读的学习有着极大的帮助,对阅读过程有极佳的辅助作用。

    音位意识与聪明的鹅妈妈

    幼儿所感知的发音单位与我们是不同的,正如之前提到的古德格拉斯“elemeno”的例子,以及儿童书写的不符合拼音规则的文字。不过,儿童会渐渐地从意识到是什么组成了单词,进展到了解一个单词内的音节(如sun-ny),最终会明白单词还可以划分为单个独立的音位(如s,u,n)。
    在孩子学习写字与阅读的过程中,对一个单词的发音组成及音位的认识,是极为关键的一步,也是学习过程的必然结果。正如我们所了解的希腊人的光辉成就,他们对口语中的每个发音的元意识不会凭空出现在文字的历史中,也不会凭空出现在每个孩子身上。当阅读专家玛丽莲·亚当斯(Marilyn Adams)问孩子们 cat 这个词的第一个音是什么时,有个孩子马上回答“喵”。
    希腊字母发明者的一个创举是意识到了口语的各个语音。这是字母表最有力的贡献,也是用来衡量儿童未来阅读成就的最佳指标之一;另一个指标则是快速命名的能力。从RUDF这类创造性的拼法中,我们可以看出这类语言意识发展的一些线索,而这些活动也促进了语言能力的发展。

    除写字之外,还有其他同样具有娱乐性的方式也能帮助儿童音位意识的发展。鹅妈妈童谣便是一个极好的例子。“钟声滴响,老鼠爬上钟’(Hickory, dickory dock, a mouse ran up the clock!)这一句中的韵律,以及其他的韵律形式,如头韵、类韵、尾韵与重复等,都有助于语音意识的发展。头韵与韵律告诉儿童,单词会因头尾字母相同而有类似的发音。当你第一次听孩子们讲笑话时,马上会被他们古怪的韵律吓到。像小熊维尼,孩子们喜欢一遍遍地重复“配对”的声音(例如:Funny bunny, you’re funny bunny honey!),仅仅是因为他们喜欢这样的韵律。
    同样重要的是,开始区分成对语音的儿童也开始将文字划分成几个部分。四五岁的儿童正在学习辨别单词的首音(如Sam的S)与韵脚(如Sam的am ),识别单词内的每个音位有助于阅读的学习,但这个漫长而重要的过程才刚开始。

    英国几位研究者进行了一个著名且极有创造力的实验,凸显出上述原则的重要性。琳恩·布拉德利(Lynne Bradley)与彼得·布赖恩特(Peter Bryant)以4组学龄前儿童为研究对象,他们在各方面的条件都很类似,唯一不同的是有两组儿童在4岁时受过头韵和押韵的训练。在训练中,研究者要求这些儿童听一组要么词首相同(押头韵)要么词尾音节具有相同元音(押韵)的单词。然后教他们将有相同发音的词归为一组。此外,上述两组受训儿童中的一组还会在根据声音分类时看到相应的字母。几年后,布拉德利与布赖恩特为所有的儿童进行测试,结果令人惊讶:接受过简单韵律训练的儿童,其音位意识的发展更为完备在学习阅读时更容易。而其中表现得最好的是接受韵律训练并且看见相应字母的那组儿童。巩固丘可夫斯基所说的幼儿时期的“语言天赋”有许多方法,其中一项便是托儿所中的押韵儿歌。

    那么这时期的儿童究竟发生了什么事,才会产生这样不可思议的能力呢?在最基本的层面,儿童首先学会用最不费力的方式去观察分析单词。例如通过对头韵与韵脚的认识,学习给单词分类。接着,他们将这些发音与字母或者视觉图像联系起来。把这些技能结合起来,聆听鹅妈妈童谣中的旋律、节奏与韵律,有助于提升儿童的音位意识。语音发展方面的大量研究显示,着重于韵律、词首、词尾发音的系统性文字游戏、笑话与歌曲,对儿童准备学习阅读有明显的好处。教导儿童欣赏诗歌与音乐是一项重要的儿童游戏。

    有助于阅读学习的游戏活动:我们小时候都会念一些内容上毫无逻辑、发音却朗朗上口的儿歌。这些游戏活动可以使儿童逐渐感觉到音节的内部构造,对准备学习阅读的儿童有很大好处。

    苏格兰语言研究专家凯蒂·奥弗里(Katie Overy)以及我们实验室的凯瑟琳·莫里茨(Catherine Moritz)和萨沙·杨波斯基(Sasha Yampolsky),目前正在研究音乐训练的某些重点,例如韵律模式的生成,观察其是否有助于培养音位意识与其他阅读发展的必要条件。如这项研究假设被证实,他们希望根据节奏、旋律与韵律来编写-份早期的教学方案。

    幼儿园:各种必要条件的聚集之处

    当儿童五六岁的时候,所有学习阅读的必要条件都会集合出现在幼儿园中。优秀的老师不会白白浪费儿童先前学习到的任何概念、字母或文字,早期的学习成为儿童正式进人文字世界的引路灯。虽然多年来教师都在培育这些必要条件,但直到近几年,促进音位意识发展的系统性工具才得以推广。这些看似简单的方法可以帮助儿童学习各种困难的语言概念:
    @ 发音与符号之间存在着一一对应的关系;
    @ 每个字母都有自己的名称,此外还可以代表一个或一组语音;反过来每个语音可由一个或多个字母代表;
    @ 每个词语都可分解为音节与音位。

    阅读研究专家路易莎·库克·莫茨(Louisa Cook Moats)清楚地解释了将这些基本语言规则融合到阅读教学和早期阅读技巧发展中的重要性。儿童通常会经历一段痛苦的时间,才能搞清楚如何把发音组合成像cat或sat这样的单词。如果能明白s这个音可以一直持续,然后在后面加上韵(如at),对于教师和儿童来说,指导发音的合成就会容易很多。因此,若是要教导发音的合成,从 sat与rat开始会比从 cat开始容易很多。

    我们还可以为孩子做什么

    迄今为止,阅读的不断发展发生在一个特别的世界里,那里有兔妈妈和可爱的河马解释文字与书中的喜怒哀乐,有巨龙传达概念与句型,而托儿所里潦草书写的儿歌与字母教导语音与文字的意识,以及这两者之间的关联。在这样的世界里,儿童用5年时间来发展高度复杂的认知、语言知觉、社交与情感能力。这一切在丰富的互动环境中,会得到很好的发展。
    而那些不曾在家里听过鹅妈妈童谣,不曾被鼓励去读符号、去乱写乱画或没有玩过任何书本游戏的孩子又会怎样呢?在美国,从小听西班牙俄罗斯或越南版本故事的小孩又会怎样呢?那些不会像其他孩子一样学习或是对语言刺激毫无反应的孩子呢?越来越多有着不同情况的孩子出现在教室里,每个人都有不同的需求。他们在幼儿园里的境遇将会严重影响他们的一生。

    向“词汇贫乏”宣战

    家长们可能不知道,在没有读写经验的家庭里成长的孩子,在进入幼儿园与小学时,就要开始拼命追赶他们的同学的学习进度。这可不只是生词词汇量的问题。某单词连听都没有听过,对其概念当然一无所知。从来没见过某种句型,当然就不容易理解故事的情节。连同类的故事都没听过自然就难以进行推理或预测。从来没有体验过他人的感觉与文化传统,当然就不容易理解他们的感受。

    之前曾提到托德·里斯利(Todd Risley)与贝蒂·哈特(Betty Hart)在加利福尼亚一个社区的研究,显示出让人不寒而栗的结果。冷酷的现实揭露出几个严重的问题:有些出生在语言环境贫乏的环境中的儿童,到5岁时,和中产阶级的儿童相比,少听过的词约有3200万个。路易莎·库克·莫茨所谓的“词汇贫乏”,不仅是指儿童所听到的词汇。另一项针对 3岁儿童口语词汇量的研究发现,语言贫乏环境中的儿童所用的词语数量,与其他儿童相比,整整少了一半。
    还有一项针对家中的书籍(任何种类)数量的研究。对洛杉矶三个社区的调查结果发现,不同家庭的孩子能读到的书籍量有着惊人的差异。在大部分贫穷的社区里,家里完全没有书供孩子阅读;在中低收入的社区里每家平均有3本;而在富裕社区则有 200本左右。这样的统计数字,让我们悉心策划的有关蟾蜍、文字与句型的故事显得没有一点价值。书籍的严重匮乏将损害儿童在童年早期应该学习到的文字知识和对世界的认识。

    加拿大心理学家安德鲁·比米勒(Andrew Biemiller)研究了儿童词汇量水平过低的后果。他发现在幼儿园里,词汇量居班级人数后25%的儿童在词汇与阅读理解这两个方面都一直落后。等这些孩子到了六年级,他们在词汇和阅读理解这两个方面至少比同年级的孩子落后三个年级,而比起当年幼儿园前75%的儿童他们差得就更多了。换句话说,词汇发展与日后的阅读理解能力相互关联,幼儿园里发生的一切不只是不幸的社会现象更是他们后期词汇增长缓慢的恶兆。在语言发展中,没有哪项因素对儿童的影响是单一的。
    在幼儿园中,儿童已明显表现出来的许多因素是不能更改的,但语言发展并不在其中。一般的家居生活为孩子语言正常发展提供了充足的机会。在一项读写技巧早期发展的大型研究中,哈佛的教育家凯瑟琳·斯诺(Catherine Snow)与其同事发现:除了文字材料之外,对以后的阅读能力最主要的一项贡献因素其实只是“晚餐闲聊”时间的长短。简简单单的讲话、朗读与聆听就是早期语言发展的重点,但事实上,在许多家庭中(有些是经济状况不好,有些不是),家长在儿童5岁前做这三项基本工作的时间少之又少。

    “晚餐闲聊”时间:“晚餐闲聊”时间的长短是影响儿童以后的阅读能力的一项重要因素。简单的讲话、朗读与聆听是早期语言发展的重点。

    如同政策专家佩姬·麦卡德尔(Peggy McCardle)一再强调的那样,只需要一些很小的共同努力,儿童学龄前的日子就可以变得丰富多彩,充满语言发展的各种可能性。所有的儿童专家都可以帮助父母确定他们对于孩子潜能的贡献,帮助每个孩子拥有良好的学龄前生活。举例来说,他们为每个前龄前的孩子接种疫苗、在家访时和初为父母者谈一下“晚餐闲聊’时间的作用,以及向他们提供一系列有助于儿童发展的书籍。家庭访问机构如“健康人生”(Healthy Start)中的社会工作者与社会服务人员,可以提供此类宣传品和有关方面的训练。要做到在所有孩子进入幼儿园之前让他们都公平地享有这样的待遇,这并不是很难的事情。

    耳部感染对早期语言发展的影响

    让所有儿童得到公平待遇的最大阻碍来自幼儿的中耳炎,这是全美儿科诊所最常出现的病例。试想,对一个每天要学2到4个新词的幼儿来说没有诊断或是没有治疗他们的中耳炎,会有怎样的影响。孩子第一天听到的可能是 pur(咕噜声 ),第二天听到的可能是 pill(药丸 ),之后还会听到purple(紫色)。由于中耳炎的缘故,孩子接收到的听觉信息不一致,因此会认为 purple 这个词有三种不同的发音
    除了认知混淆以外,儿童学习新词的时间也会拉长。感染发生在何时发生过多少次,这些因素最终可能导致他们无法完整且良好地发展出一种语言系统中全部的语音表征。未经治疗的感染会影响到对阅读来说极为重要的两项必要条件,分别是词汇发展与音位意识。
    但是问题还不仅仅是这样,若是词汇发展与音位意识这两项对阅读至关重要的必要条件受到影响,后果也会波及阅读本身。在我指导的一项大型研究计划中,研究者要求父母在问卷中勾选儿童是否在学龄前得过中耳炎,并且尽可能地追踪有儿科病史的儿童。结果显示,经常患中耳炎的儿童日后遭遇阅读问题的可能性更大。
    这项研究最让人惊讶的地方不在于这个可预期的结果,而是有相当多的家长都会有“但是我每个孩子有大半的时间耳朵都在发炎”这样的解释换而言之,许多善意的家长从来都不明白中耳炎比起许多短暂的不适,会产生更严重的后果。未经治疗的中耳炎是一项对口语与文字发展的无形障碍,每个儿童工作者都必须了解这一点。就跟贫乏的语言环境一样,只要付出一致的努力,不需要花费很多工夫,中耳炎对于儿童来说就不会是个障碍。

    双语环境对阅读学习的可能影响

    在踏入学校的同时开始学习英语,这产生的影响是一项更为复杂的论题。学习两种或两种以上的语言,对儿童来说是非常吃力且复杂的认知投资目前这样的学龄儿童数量正在不断增加。一开始会有些损失,如语言之间转换的错误,但是如果(请注意,“如果”在这里很重要)孩子把每种语言都学好,那么肯定是利大于弊的。儿童大脑的可塑性比人生的其他阶段更强这使他们只需要少许的额外努力就能够精通两种以上的语言。青春期过后学生具备了许多学习语言的优势,但是对于学习说没有口音的语言,儿童的大脑在某些重要的方面显然更具优势。
    审视众多双语学习的相关议题,常常让人眼花缭乱,但是这其中有3项主要的原则。

    首先,以英语为第二语言的学习者,他们在母语中已经学过的词语与概念,比较容易在英语中使用。也就是说,家庭中丰富的语言环境,为所有的学习奠定了基本的认知与语言学基础,并不需要特别在学校的语言教学中给儿童提供这样的协助。儿童若是生活在语言较为贫乏的家庭环境中毫无疑问会缺少学习母语或第二语言的认知与语言学基础。
    第二项原则和第一项类似。在学习阅读英文时,语言发展的质量比学习阅读英语更为重要。上千名学龄儿童在进入学校时英语能力各有差异,在每个教室,针对每个学龄儿童,都必须系统性地教授英语“新的”音位和学校、书本中的新词汇。康妮·朱尔(Connie Juel)指出我们的教师常常会轻易忽略掉一个基本的语育问题:进入学校的儿童,英语对他们来说是新的,或者说他们没听过学校的标准美式英语。他们并不知道在阅读时正确的音位是什么样的。在过去的5年里,他们“学会忽略这些,只听他们自己的语言”。
    第三项原则与儿童何时开始讲双语有关,无论是口语还是书面语言的发展,接触双语环境都是越早越好。达特茅斯(Dartmouth)的神经科学家劳拉-安·贝蒂托(Laura-Ann Petitto)和他的同事发现,早期的双语环境(3岁之前)相比于单语环境,对于语言与阅读来说,具有更加积极的影响。他们进一步针对幼时接触双语环境的成人进行脑成像研究,结果也发现这些双语处理两种语言的大脑区域大幅重叠,就跟单语者所用的区域一样,对比之下,长大后才接触第二语言而成为双语者的成人大脑,则展现出两种不同的脑部运作模式,比较接近左右脑分别运作的模式。

    双语或多语学习:学习两种或两种以上的语言,对儿童来说非常吃力,但如果孩子能把每种语言都学好,肯定利大于弊。儿童大脑的可塑性非常强,他们只需要少许的努力就能够精通两种以上的语言。

    作为一个认知神经学家,我认为拥有一颗双语大脑是非常好的事。贝蒂托的研究还发现,早期接触双语环境的大脑,在语言灵活性与处理多重任务上,比单语大脑更具优势。我在许多社区进行教育工作,多半的家庭都不说英语,但是,我始终被学习两种语言所涉及的复杂且有争议的问题所困扰,这包括儿童的自尊、在某一社区文化中的归属关系、对自我能力的感知,以及这一切累积起来对阅读的影响。我知道我们必须帮助所有的儿童学习学校用语,这样他们才能在这个英语文化中发展自己的潜能,而这一切都要从成为一个阅读者开始
    对一些听西班牙语、日语或者俄语故事长大的儿童来说,学习阅读英语是一项尚可应对的挑战,并且听英语故事对他们将母语中熟悉的词语与概念对应到第二语言有极大的帮助。对那些小时候没有这样坐在大腿上听故事的小孩来说,上学还要同时学习第二语言,这一过程会对他们的认知、社交与文化产生重大的影响。他们都是这个国家的孩子,我们必须准备好照顾他们每一个人,从怀有一份教导每个儿童的热忱开始,随时增加自己关于各种语言阅读发展的知识。
    阅读不是自然而然就会发生的。在孩子出生后的2000个日子里,没有一个词语、概念或是社交习惯被浪费,这一切都在为这颗年轻的大脑做着准备工作,使大脑运用所有发展着的部分更好地进行阅读。儿童阅读的发展,以及他们的人生都是从这里开始的。

    第五章 阅读者的五大进阶(1)

    从未有人告诉我们,我们必须研究自己的生命
    研究生命,犹如学习自然史或音乐
    一切都应从最简单的练习开始
    慢慢地,由易到难
    不断练习
    直到拥有力度和准确度
    成为一个勇敢的人,
    才能跳跃到超越技巧的
    表现情感与意境的练习曲……

    ——阿德里安娜·里奇,《超然的练习曲》
    就某方面来说,整部人类书写的历史仿佛会在孩童身上重演一次。从早期摸索出字母文字的书写方式,一直到发现口语是由一定数量的字音所构成的事实,这两样智能上的壮举可说是不相上下。 ——珍妮·查尔

    普鲁斯特的名著《追忆似水年华》的灵感是由玛德琳蛋糕这种贝壳状的重油糕点的美味唤起的,这是20世纪文学史上一项近乎神话的典故。不管小说中叙事者的感觉记忆是否仅仅只是普鲁斯特自己幻想的再造,在现实生活中这样的事情真的会发生。人类大脑会以各种方式来存储和提取记忆,其中也有各种感官的作用。
    原本我想以寻找自己的“玛德琳蛋糕”来作为本章探讨学习阅读的开端,那会同样释放出我第一次真正在阅读的记忆。但是我办不到。我记不起第一次知道自己能阅读时的情形,不过我其他记忆中的一部分——一所只有两间教室的小学校,一共只有8个年级、两个老师,倒是唤起我许多过去的回忆片段,就像语言学家安东尼·巴希尔(Anthony Bashir)提出的阅读生命的“自然史”一样。阅读的自然史始于简单的运用、练习与正确性最后,如果幸运的话,在工具的帮助下,就能拥有“跳跃到超越技巧的表现情感与意境的练习曲”的能力。在我身上,这一切都发生在一个名叫埃尔多拉多(Eldorado)的小镇。

    开始阅读之旅

    学会阅读时,你将重生……从此以后再也不会感到这么寂寞。 ——鲁默·高登
    我在书中旅游,不只探索其他世界,也进入我自己的世界。我明白我是谁,我想要成为谁,我的想望以及我胆敢对我的世界与自己所怀抱的梦想。但也有很多时间我觉得自己身处在另一个不为人知的空间,时而清醒,时而沉睡。然后有书,一个与此乎行的宇宙,在那里什么都有可能发生,通常也是如此。在那个宇宙中,我也许是新人,但绝对不是个陌生人。对我而言,那是实实在在的世界,我完美的岛屿。——安娜·昆德伦
    是因为父亲的希望,我才能上学的。这可非比寻常,因为女孩通常不会去上学的……教育对像我这样的人来说能有什么作用?我只能说出我不曾拥有的,只能以我所有的来思量,然后在这些差异中明白自己的不幸。但是啊但是!正是因为这样,我才第一次见到,在往返家园的道路后面,还有另一个世界。——牙买加·金凯德

    意大利瓦尔道尔契亚(Val D’Orcia)的侯爵夫人艾丽斯·奥里戈(Iris Origo)是位历史学家,常常引用鲁默·高登(Rumer Godden)的话来描述她20世纪初在意大利佛罗伦萨学习阅读的经历。安娜·昆德伦(Anna Quindlen)则生动地描述了20世纪中期在费城学习阅读的场景。牙买加·金凯德(Jamaica Kincaid)在她那本《我母亲的自传》( The Autobiograph of My Mother)中捕捉到在加勒比海的安提瓜岛(Antigua)那里,童年的阅读对女孩子意味着什么。确实,金凯德小时候表现出来的阅读天分让老师相信她是个天才。
    在这些女作家之间虽然有着时空和文化的差异,但有一个共同点将她们和每一个爱书的人联系起来。这个共同点也发生在我的经历中,当我在伊利诺伊州的埃尔多拉多学习阅读的时候,我在书中发现了另一个平行于这个世界的宇宙,就是奥里戈所谓的“再也不会感到这么寂寞”的世界昆德伦的“完美的岛屿”,并且认识到金凯德“往返家园的道路后面,还有另一个世界”。
    用“拼写闹刷”(orthographic irony)来形容我家乡小镇名称的由来再恰当不过。在19世纪中期,埃尔德(Elder)和里德(Reeder)两人从城市里请来一位画家,想要为他们在的伊利诺伊州南方共同创立的这个小镇“艾尔德里德”( Elderreeder)画一个标志,用来欢迎每一个路过的人。自以为受过良好教育的画家自作聪明地更正了镇名,他认为这是政府人员的拼写错误。最后他将欢迎标志改成了“埃尔多拉多”(Eldorado)。也许是因为这个标志做得很好看,也许是因为没有钱再买一个,又或许是因为这个名称对小镇的人们来说,唤起了一些先前不可言表的梦想;不管怎样,这个名字就这样定了下来。一个世纪之后,我就在这个小镇长大。

    埃尔多拉多有两间学校供儿童念书。我就读的是一个很小的叫做圣玛丽的学校,教室看起来像是19世纪木板画上的建筑:深红色砖块搭建的两间大房子,每间有四排桌椅容纳4个年级的学生。一年级的学生坐在最左边靠窗的那排,每升一年级,就往门口移动一排。
    在靠窗坐的一年级的日子里,我开始大量地阅读,读得多说得少,这真的是很好的习惯。一开始我学习第二排的孩子们的功课,然后是第三排的。我不记得自己是什么时候把四年级的功课也读完了,应该是我坐在第二排的那段时间。在这样的环境中,教室里满满地挤着40个孩子,还有我这样的学生,除了圣人之外,每个人的耐心都会被消耗殆尽。但不论从哪个角度看,在那间小学校的每个老师,从罗丝·玛格丽特(Rose Margaret)修女、撒莱西亚(Salesia)修女到后来的伊格内修斯(Ignatius)修女,她们每个人都是圣人。
    在我坐第二排的时候,发生了一件重要的事情。我的老师对我父母说了些什么,突然之间房间后面出现了许多书,原本半空的书架神奇般地出现了许多书:童话故事、科学知识、英雄传奇,当然还有圣徒的传记当我上完四年级时,我弟弟乔伊坐在第三排,妹妹凯伦坐在第一排,另一个弟弟格雷格则在走廊上等着,我已经读完了每一本书,甚至还想要读更多。
    在这个过程中,我改变了。不管在这个世界里我看起来有多渺小,我每天都有文字与图画中的巨人陪伴,伐木巨人保罗·班扬(Paul Bunyan)顽童汤姆·索耶(Tom Sawyer)、精灵小矮人(Rumpelstiltskin)与阿维拉的圣女特蕾莎(Teresa of Avila),这些人物对我来说就跟华纳街上的隔壁邻居一样真实。我开始沉溺于这两个平行的世界中,身处其中的任何一个我都不觉得奇怪或者孤单。这样的经验让我受益匪浅,尤其是对我以后的人生而言。在那段日子里,我出奇安静地坐在那间小教室里,每一天我都经历着加冕、结婚、成为圣徒的生活。
    关于这段日子的其他鲜明记忆,大都围绕着撒莱西亚修女,她努力教导那些似乎学不会阅读的儿童。我看着她耐心地倾听这些儿童在上课时痛苦地尝试,然后放学后把他们留下来,一个个辅导。我最要好的朋友吉姆也是被留校辅导的一个。当撒莱西亚修女尽力教导他的时候,突然之间他不再是我所认识的那个男孩子了,那个大家的领头者,那个无所不知的男孩,就像是马克·吐温笔下汤姆·索亚与哈克贝利·费恩混合版的男孩子竟然不见了。这个版本的吉姆看起来很柔弱,结结巴巴地发出撒莱西亚修女要他念出的字母的读音。看着这个从不退缩的男孩子变得对自己这么没有信心,我的整个世界都颠倒了。至少有一年的时间他们在放学后静静地坚持练习。撒莱西亚修女告诉吉姆的家人,有些聪明的孩子,像吉姆这样的在阅读学习上会需要特别的帮助。
    撒莱西亚修女那时只说了这些,但是我明白了两件事情。首先,我看到撒莱西亚修女与吉姆妈妈的决心和毅力,他们相信吉姆的潜力,甚至是在他自己都想放弃的时候。我心想他们是在进行一件非常特别的事情。其次,当吉姆升到第三排的时候,我留意到我的老朋友又回来了,就跟从前一样,狂妄、大胆、难以管教。那个时候,我觉得撒莱西亚修女与吉姆母亲正做着奇迹一般的事情。

    阅读阶段:学习阅读有许多发展阶段,这些阶段聚集起来,使儿童能够运用文字进入复杂的世界。

    学习阅读就像是一个神奇的故事充满了许多发展阶段,这些阶段聚集起来,使儿童能够运用文字进人复杂的世界。苏格拉底与古印度学者都担心,阅读文字与倾听和口头叙说相比,阻碍了我们了解文字的意义、字音、功能与可能性等许多层面。事实上,在早期阅读的探索阶段,当这些层面聚集起来,共同形成脑部新的阅读神经回路之时,古老的未专门化的结构对每一个层面都有所贡献。因此,研究早期阅读的发展,使得我们能够了解人类取得这项成就的基础。这一切开始于给5岁儿童做的各项相关准备,一直延伸到不同的但是可以预测的阅读发展模式(见表 5-1)。

    总之,以上所述的所有发展会加速儿童早期认识词语组成的能力,强化理解与拼写的熟练程度,促进儿童对已知与未知文字的理解力。儿童所接触到的文字越多,对语言的理解,无论是字面的还是隐喻的,就越好。就此看来,与苏格拉底所担心的相反,儿童更像是苏美尔人。
    哈佛的阅读研究学者珍妮·查尔(Jeanne Chall)表示,学习阅读是一个循序渐进的过程,从初级阅读者一路发展到专家级阅读者,我们可以采取“研究自然史或是音乐的方式”来研究。我个人真的很喜欢将阅读各元素之间互相交织的关系想象成音乐:我们最终所听到的是许多演奏家的整体表现,在当中很难区别出个人的演奏,他们早已融为一体。早期的阅读阶段,是我们一生之中唯一可以觉察出各元素的时候,让我们这些早已忘记往事的人,试着回想一下当初是如何读出每一个字的。

    阅读的发展

    我坐在婴儿床上,假装自己在读书。我的眼睛跟随着每一个黑色的符号,一个都没有跳过,大声地念每一个故事给自己听小心翼翼地发出所有的音节。家人非常惊讶地看着这样的我,总之是非常激动,他们决定是时候教我认识字母表了。我就像初学者那样兴奋,自己偷偷地学习。我带着早已烂熟于心的埃克多·马洛(Hector Malot)的《苦儿流浪记》(No Family)爬上婴儿床,半是预习,半是破解其中文字的意思。我一页一页地读着,翻到最后一页时,我知道怎么读书了。整个人欣喜若狂。 ——萨特

    在回忆录《文字生涯》( The Words)中,萨特详细叙述了第一次阅读的情景,以及伴随这段经历的狂喜。虽然层层的记忆会有疏漏,但是萨特的描述与无数个儿童的经验相似,一半靠记忆,一半靠解读地看一本自己喜爱的书,然后突然之间(或者在他们看来如此)就学会阅读了。事实上萨特不断地积累各种知识来源,全面的,片面的,直到“突然之间”跨过了阅读的门槛,他破解了文字的秘密语言。接下来本章将叙述我们成为阅读者这一渐进、动态的变化过程,从像萨特一样兴奋地破解密码,一直到不知不觉地转变成一个完全自动阅读的专家级阅读者。为了组织好这一过程,在本章与第6章我准备将阅读者分成5种类型:
    @ 萌芽级阅读者
    @ 初级阅读者
    @ 解码级阅读者
    @ 流畅级阅读者
    @ 专家级阅读者

    每一种类型代表了阅读发展中,我们穿越未知的动态变化。然而,并不是所有的儿童都经历了同样的过程。著名儿科医生梅尔·莱文(Mel Levine)曾提及“不同类型的心灵”涉及不同儿童学习的不同方式,类似地也有“不同类型的阅读者”,一些人遵循着不同的顺序,在阅读发展过程中开始和停止阅读都和我在此描述的不同。稍后我们将解释这一原因。

    萌芽级阅读者

    在人的一生中,会有两次知道自己受到每个人认可的时刻第一次是学会走路时,另一次是学会识字时。 ——佩内洛普·菲茨杰拉德

    正如第4章所描述的,萌芽级阅读者坐在“宠爱者的大腿上”,在生命最初的5年里,全面地尝试学习各种语音、词语、概念、图像、故事,接触文字、书面材料或是一般对话。这个阶段最重要的一点是,阅读不会平白无故地出现在一个人身上。萌芽期阅读来自于长年的感知、不断增加的概念与社交发展,并且持续地接触到口语与书面语言。

    初级阅读者

    我可以看见他们彬彬有礼地站在宽宽的书页上这书页,我还在学习如何翻动它穿着蓝色工作服的珍与棕褐色头发的迪克正在玩球,或是探索整个后院的世界,完全没察觉到他们自己就是开始幻想的儿童的第一对主角。 ——比利·柯林斯,《第一位读者》

    很少有比看着儿童学会识字,阅读书本上的文字并且理解一个故事更窝心、更愉快的时刻。不久前,我和一位名叫阿梅莉亚(Amelia)的小女孩一起坐在地板上,她十分害羞,就像森林里的小动物一样。她还不会读书也很少说话,更不可能在我这样的访客面前大声念出任何句子。
    但是那天注定有事情发生。阿梅莉亚跟往常一样,盯着“猫猫坐在毛毯上”( The cat sat on the mat.)这个短短的句子很长一段时间。她看起来像是一头吓坏了的小鹿。然后,缓慢但很完美地,她口齿清晰地念出了这些字她抬头望望我的眼睛,眉毛开始上扬。然后她开始念出下一个短句,接着再一句,每念完一句都会看看我,寻求确认。念完整个故事,她笑得合不拢嘴,也不再看我以寻求支持。她可以阅读了,她自己明白了这一点。阿梅莉亚的家里没什么书让她阅读,这往后的路恐怕很漫长,但是至少她开始阅读了。
    不论阅读的必要条件准备得如何,成长的文字环境如何,老师的教学方法是什么,对阿梅莉亚以及所有的初级阅读者来说,这时候的任务就是破解文字,并且了解其含义。要做到这一点,每个孩子都必须弄清楚几千年来我们的祖先所发现的拼音规则,以及这一路上林林总总的其他发现。

    类似地,学习每一件事情——从骑自行车,到理解死亡这样的概念儿童会不断地积累知识,从只有片面的概念,到建立起完整的概念。在初期的努力中,初级阅读者仅能理解部分字母原则。我最喜欢引用马萨诸塞州剑桥的阅读专家梅丽尔·皮查(Meryl Pischa)的一句话,每年她都会问那些莘莘学子同样的问题:为何万事开头难?
    总的来说,不论是在幼儿园,还是读一年级,大多数儿童开始阅读时脑中已有一些基本概念,即书本上的文字是带有某种意义的。他们中的绝大多数都见过父母、保姆以及老师读书。然而多数人都还没有一个完整的概念,不懂书中的文字是由我们语言中的发音所构成的,而发音是以字母来表示的,每个字母代表一个或两个特定的发音。
    初级阅读者的一大发现和阿梅莉亚逐渐成形的概念一样,即字母和语言中的发音互相联系。这是拼写原则的要义,也是阿梅莉亚往后阅读发展的基础。她的下一步将是学习解读文字中所有的字母音位对应原则,这有一小部分是她自己的发现,但是绝大多数来自于努力。这两项都仰赖3种解码能力:语言学习的语音、拼写与语义。

    初级阅读者语音的发展

    日常的牙牙学语,尝试破解文字中的字母时发生的逐日的、缓慢的改变,有助于培养儿童的音位意识,这是语音发展中一个相当重要的方面。渐渐地,儿童开始从言谈中听出或长或短的声音单位,像是短语中的几个词(kitty+cat),一个词中的几个音节(kittty),词语与音节中的音位(/k/+/a/+/t/)。这一切反过来将进一步促进阅读的发展。

    早期音位意识的重要性:在早期学习阶段中,儿童的音位意识是将来在一二年级学习理解文字的关键。在一年级无法顺利解码的儿童,大多到四年级时阅读水平依然
    较低。

    初级阅读者可以听出并切分大型语音单位。渐渐地,他们能听出并操作音节与文字中更小的音位,这项能力是预测儿童阅读学习成功与否的重要指标。斯坦福的研究员康妮·朱尔发现,在早期学习阶段中,儿童的音位意识是将来在一、二年级学习理解文字的关键。在一年级无法顺利解码的儿童,有88%到四年级时还是阅读水平较低。教师要把握各种机会来帮助儿童察觉文字中的音位,例如押韵的儿歌可以提高儿童的听觉与区分文字韵脚韵首的能力。一些随着词语发音拍拍手、书写或是舞动的简单的“即兴游戏”也很有帮助。
    语音的合成需要儿童更强的整合能力。语音的合成指的是混合各个单独的发音,形成更大的发音单位,如音节或单词(如s+a+t=sat)。跟音位意识一样,随着不断练习与越来越多的阅读,这种能力也随之发展。

    语音合成的教学方法越来越多。哈莱姆(Harlem)的教育学家乔治·丘尔顿(George 0. Cureton)采用的技巧就非常有趣。他给每个儿童指定一个字母的发音,然后将儿童排成一排,让他们“演出”字音合成文字的情况。想象一下这种情景,第一个儿童发出简单的嘶嘶声/sss/,然后轻推下一个孩子,第二个人要敞开喉咙尽量延长 /a/的字音,再传给下一个孩子,让他发出较不简单的结束音 //。第一轮可能有点混乱,但是在老师的指挥下孩子们的行动变得更快更协调,s-a-t最后就变成 sat(坐下)。

    要是文字中只有两个重音,儿童会学得更容易:一个音节的第一个音称为起音;一个音节最后的元音加上辅音,称为韵音(如cat中的at)。按照指示,儿童学习起音(c)再学习韵音(at),最后将两者合成为一个词。之后,开始学难度较高的起音,然后加上韵音,如:ch+at=chat,fl+at-flat。这样的做法可能比丘尔顿的教学法文明些,不过两者的目标都是一样的:为了让儿童顺利地将发音单位整合起来。语音合成看似简单,但是这妨碍到许多儿童的阅读学习,特别是那些有阅读障碍的孩子。

    大声朗读的作用:可以让初级阅读者注意到口语与文字之间的关系,他们可以用这种方式来自学。此外,大声朗读还可以让老师与家长及时发现儿童学习阅读时出现的错误和问题。

    “语音再编码”的方法可以帮助初级阅读者提升音位意识能力与语音合成能力。乍看之下这不过就是大声朗读的冠冕堂皇的说法,不过若以“大声朗读”来表示,则其中涉及的两种动态过程又显得过于简单。大声朗读让儿童注意到口语与文字之间的关系。它还是初级阅读者的自我教学方式是“获得阅读能力的必要条件”。
    两位波士顿的阅读专家艾琳·方塔斯(Irene Fountas)与盖伊·苏·平内尔(Gay Su Pinnell)延伸了新西兰知名教育专家玛丽·克莱(Marie Clay)的教学方法,很早就指出大声阅读可以将某个孩子常犯的错误暴露给老师与其他听众。大声阅读有助于发现儿童对文字已知什么、还不知道什么,
    我永远不会忘记我们是如何发现蒂米(Timmy),这位典型的一年级初级阅读者,一直念错词语中字母的情况。蒂米把house(家)念成horse(马),然后继续“读完”他自己编的一个关于马的故事。蒂米自创的有趣故事,跟原本那篇乏味的关于家的文章毫无关联,但是却帮助我们了解了许多造成他错误的原因。
    比米勒研究了蒂米这个年纪的儿童所犯的典型错误。他发现年幼的初级阅读者在犯错时,一般会出现三个短暂但相当容易预料到的步骤。首先出现的错误是在语义与语法上正确,但是和真正的词之间没有发音或词形上的相似性(把father念成 daddy)。一旦他们学到部分字母与音位之间对应关系的规则以后,他们念错的词多半都是词形相似,但语义上没有什么关系的(如把house读成horse)。到了初级阅读者的最后一个阶段,儿童犯的错误在拼写与语义上都有一定的恰当性(如把ball 念成bat)。这些儿童很快就会进入顺利解码的阶段,开始整合他们所拥有的从各方吸取的文字知识。非常重要的是,比米勒发现能顺利学会阅读的儿童,从来不会停留在这些早期错误上,而是很快就能摆脱它们。

    初级阅读者拼写的发展

    英文具备让人愉悦的清教徒式的写作传统,比如以“sh_t”来表示众所周知的骂人字眼。每个人都知道空格处代表的字母是“i”,这种“字母代表”的办法兼顾了品位与拼写正确。这一条横线也彰显出所有视觉符号的任意性,以及一套被广泛接受的语言系统对猜测出当中的每个发音有多么必要。拼写的发展包含学习这一整套约定俗成的视觉符号、常用的字母组合以及看似没有规律的用法。最重要的是,这牵涉到将字母视觉形式和常用字母组合转化成能够自动产生的表征。
    儿童一步步地学习这些拼写习惯,从他们坐在年长读者的大腿上或是身边的经验中,萌芽级阅读者学习到英文中的每一行文字都是由左至右而读的,文字中的字母也是如此。接下来的认识则涉及认知而非空间的发现:例如,字母模式的不变性。孩子必须知道,无论何种字体,A永远都是A。类似地,还有些儿童必须学习上标与下标都代表同一个字母
    但真正的任务,是要学习英文以多种但特有的字母组合来表现其读音的独特方式。看看两种语言中源自同一个词根的单词:英语中的shout与德语中的 schreien。虽然英语中的sh与德语中的schr有很多相似之处,但在各自的语言中,这些字母却有不同的拼写表征,就像法语中的ois与西班牙语中的lla与n~a。
    初级阅读者在他们自己的母语中吸收全部的常见字母组合,以及许多常用但不遵循语音规则的单词,如have、who,以及在who said yachts are tough?一句中的所有单词。虽然儿童可以依赖他们具备的语音知识来破解绝大多数的常用单词,但还不足以应对少数重要的常用词。这些不规则拼写的单词,通常称为“英语常用词”,它们的发音必须以其自身为一个独立的表征。幸运的是,拼写不规则的单词比通常想象的要少得多,如果你注意到英语规则,大多数拼写不规则的单词,如yacht,也不是完全不规则的。初级阅读者的拼写发展需要多方面地接触文字——多练习。华盛顿大学的神经科学家兼教育学家弗吉尼娅·伯宁格(Virginia Berninger)和她的研究团队记录了年轻的大脑如何通过这些接触形成大多数常用视觉组块的拼写表征,如此一来,像ant这样简单的字母组合,可以眨眼间转变成chant 与jenchantment。
    无可否认,这其中需要的不仅仅是眼睛,而是视觉系统拆解辅音群的能力,像chant中的ch,以及拆解词素单位的能力,如enchantment中的en和ment,这将大幅度提高阅读速度。掌握常规元音模式、词素单位与英文中各种拼写模式(例如各种辅音群),将有助于视觉系统的运作。
    据说英语的元音字母是全球语言中使用频率最高的符号。怎么会有人发明出一套书写系统,规定5个元音字母(偶尔加上y)来承担双重或三重任务,构成至少12种元音呢?马克·吐温对英文字母模式的愤怒,每天都会在每间英语教室里出现。下面这首无名氏的诗,正好表现了马克·吐温的愤怒,以及成千上万英语初学者的感受。学习所有的元音对与“元音+r”和“元音 +w”的组合可以解决部分难题;学会各种语义与词语中的常用词素也会加快初级阅读者阅读大量多音节词的速度。

    我想你已经明白,
    touch,bough,cough 和 dough ?
    其他人或许会出错,但是你不会弄不清,
    hiccough,thorough,slough 和through ?
    做得不错!现在你可能希望
    学些其他的把戏?
    当心 heard 这个可怕的词
    看起来像是 beard,读起来却像是 bird:
    还有 dead,说起来像是 bed 而不是 bead,
    看在上帝的份上,不要读成 deed!
    还要留意 meat,great 与 threat,
    它们的韵律类似 suite,straight 与 debt;
    moth 的发音和 mother 中的 moth 不一样,
    bother和 both,brother和 broth 的关系也是这样。
    而在 there 中的 here 也和单独的 here 读音不一样,
    以及 dear, fear, bear 和 pear,
    接下来还有 dose,rose 和lose,
    还有 goose和 choose,
    以及cork与 work, card 与ward,
    font 与front, word 与sword,
    do 与 go, 以及 thwart 与 cart.
    来吧!来吧!我真的千头万绪不知从何开始。
    一种可怕的语言?为什么人活着这么辛苦,
    我从5岁开始学说话:
    还要读它,努力又努力,
    到了 55 岁还没有学成。

    初级阅读者语义的发展

    早些时候,我引用了认知科学家斯威尼的有趣研究,大脑每读到一个字就会激活许多可能的意义,即便我们完全没有觉察到这个事实。童年时光最美好的一段便是玩要于各种各样的意义中,若没有经历过这些,真是非常可惜。对某些儿童来说,词义的知识会提升他们理解文字的能力,正如我们在阿梅莉亚的例子中所见到的那样,在开始学习解码的早期阶段每个词都是很大的挑战。对阿梅莉亚与其他上千名破解文字密码的初学者来说,语义的发展扮演的角色与许多人想象的都不一样。在语义的发展中有三项相互关联的原则,超越了所有的教学法的差异,
    第一,了解意义能促进阅读。如果儿童能立即知道他辛苦破解出来的那个字的意义,他可能会明白自己所发出的声音即是一个字,也比较容易记住它并且储存在记忆中。正如康妮·朱尔所强调的,在教导阅读时犯下的最大错误之一是,以阿梅莉亚为例,当她终于破解出一个词时,教师或家长以为她知道自己在读什么。大的词汇量使解码文字更容易,速度也更快。
    下面这个实验可以证明成人也遵循着同样的规则。请试着大声读出下面的单词:periventricular nodular heterotopia、pedagogy、fiduciary、micronspectroscopy。读这些单词的速度取决于你的解码能力,但同样需要你的背景知识。如果这些单词不在你的词汇库中,你很有可能是用当中的词素(如peri+ventricletar)来猜测这些词义,也以此来改进自己的发音。成人在读到自己理解的单词时,会更容易、更有效率。
    第二,阅读促进词汇知识。对大多数儿童来说,词汇量可以给他们提供特殊的“帮助”。就像临床语言学家丽贝卡·肯尼迪(Rebecca Kennedy)主张的那样,词汇是学习阅读时免费获得的礼物。有时候我会要求我的学生解释一个表示特定症候群的术语,比如agoraphobia(广场恐惧症)这个单词。如果他们有所迟疑,我就会给他们含有这个单词且前后有所关联的一句话:“斯巴克医生那位患有agoraphobia的病人拒绝参加在开放的演讲厅里举行的团体聚会。”这句话每次都能给他们提供足够的信息,让他们对这个单词有进一步的认识。
    我们利用语境的能力是通过阅读潜移默化得到的。随着文本难度的提高,初级阅读者们运用他们部分的概念以及“推导”和“语境化”能力将许多词语归类到已建立的类别中,从而增加他们的词汇量。当一个人了解到儿童在学校期间必须学会大约88700个单词,而且其中至少有9000个单词需要在三年级以前学完,就完全能明白儿童词汇的发展有多么重要,第三,多重意义强化理解力。回过头来看看早期阅读发展的两个故事我们就会发现同样的结论。路易莎·库克·莫茨计算出进入一年级的儿童在具有语言优势的和处于语言劣势的孩子之间差了约15000个单词。这些处于劣势的孩子怎么可能赶得上呢?在课堂上清楚地教授词汇可以解决部分问题,但即使是在简单的故事里,初级阅读者除了要懂得字面上的意义外,还需要学习更多。他们也需要对一个单词在不同语境中的多种用法与功能,有更多明确的认识与弹性变通能力。他们需要知道虫子会在人的身上蠕动、纠缠、爬动、侦查,还要对此感到很自然。

    阅读可促进词汇知识的发展:回想小时候的语文课老师很少直接解释生词的意思和用法,母语中大部分的词汇知识都是我们阅读时在语境中学到的。

    我的合作研究员斯蒂芬妮·戈特瓦尔德(Stephanie Gottwald)详细描述了我们研究工作中接触到的许多问题阅读者,他们对一个英语单词竟然可以有许多意思的想法感到非常恐惧,当教导bug、jam、ram与bat等单词时,他们的第一反应是:“你一定是在开玩笑吧!”当年轻的新手解码级阅读者知道词语和随口的玩笑或双关语中的话语一样会有多重意义时,理解力会提升许多。文字有多重用途的概念使初级阅读者想要从所读的内容中推敲与得到更多的意义,这正是下一阅读阶段的重心。但是在此之前,先让我们看看在阅读 bat、rat 或 bug 这些简单的单词时,大脑是如何开始破解文字的。

    初级阅读者的大脑

    姑且不论初级阅读者破解或理解的能力如何,卡特·斯图德利(Cat Stoodley)描绘了他们的大脑在读一个单词时的状况(见图5-1)。跟成人的通用阅读系统一样,幼儿阅读时也会动用三大区域。幼儿阅读脑的主要工作是连接这些区域。和成人不同的是,幼儿的大脑激活的第一个大片区域在枕叶(即视觉与视觉联合区),以及枕叶深处一块与题叶相关联的在进化上相当重要的区域:梭状回。重要的是,这个时候两个半脑都出现高度激活的情形。
    乍看之下并不合理,但请想想学习任何技能之前的情况。一开始学习任何技能都需要动用大量的认知与运动过程,涉及许多神经区域。逐渐地熟能生巧后,就不需要下这么多认知工夫,神经通路也变得更直接和有效。这是脑部朝专门化与自动化的方向缓慢地发展。

    图5-1 早期阅读脑

    第二个大片区域也是横跨两个半脑,但在左半脑较为活跃,涵盖颞叶与顶叶的诸多区域。近来,华盛顿大学的神经科学家发现,儿童使用几个专门化区域的情形比成人更多,尤其是角回与缘上回,这两处是将语音过程与视觉、拼写及语义过程相整合的重要结构。儿童大脑题叶中韦尼克区(Wermicke’s area)也被高度激活,这是一个负责语言理解的基本区域,最有趣的是,这两个在通用阅读系统中使用的区域,除了在特定情况下之外,以儿童使用较多。当成人在遇到困难的单词时,动用这些区域的程度会多于儿童,这时我们便后退到孩提时代的策略,就好像许多人刚刚试着去读 periventricular nodular heterotopia 时经历的那样。
    额叶的许多部位,特别是位于左半脑的语言区,即布洛卡区,是儿童动用的第三大区域。这很合理,因为额叶本来就在各种执行过程中扮演着重要的角色,比如记忆过程以及各种语言的处理过程,如语音、语义等诚然,成人阅读者激活的额叶区域更多,这些区域与更为复杂的理解与执行过程有关。大脑下层的其他区域在儿童与成人身上都扮演着活跃的角色。举例来说,小脑(cerebellum)与多功能的丘脑(thalamus)–大脑的交汇区,连接着五大分层。小脑的意思是“小型的脑”,人们阅读时许多运动技巧、语言技巧的使用时机和准确度都与小脑有关。

    布洛卡区:位于左半脑的语言区。布洛卡区为语言的运动中枢,主要功能是编制发音程序。

    总之,任何一个看到年幼初级阅读者大脑的第一张图像的人都应该感到震惊。打从一开始,大脑便展现出产生新联结的能力,那些原本设计成负责其他功能——特别是视觉、运动与许多语言层面的区域正在加速相互之间的交流。等到孩子七八岁时,年轻的大脑开始解码,同时展示出它所能达到的成就,以及我们离最初代币阅读者的进化距离有多远。这三大分布区域将会成为基本解码,甚至提高流畅度(这是下一阶段阅读者的特征等所有阅读发展阶段的基础,这是阅读进一步发展的标志,为阅读脑尚未展开的图景增加一点趣味性的说明。

    解码级阅读者

    如果你去听解码阶段儿童的话语,你会听出一些不同之处。阿梅莉亚阅读时痛苦(可能会伴随些许兴奋)的过程已经消失了。解码阶段的阅读者声音较为平稳而有自信,他们即将成为流畅的阅读者。
    我最喜欢的解码级阅读者是一位叫范(Van)的越南男孩。第一次遇到他是在莫尔登(Malden)暑期学校,我们研究中心的人员在那里教导需要加强语言技能的儿童。4周的时间内,在独具慧眼的老师菲莉丝·希夫勒(Phyllis Schifer)的指导下,范从一个原本要被老师留级的二年级初级阅读者,转变成同等于甚至超越他这个年级阅读测试水平的能手。范在暑期学校开始时费劲阅读的情况完全消失,如今他不仅能够注意到文字的韵律成分,也会花更多时间来理解所读的内容。范的朗读极富表现力,他也几乎完全理解自己所读的内容。范从刚学会解码时犹犹豫豫的孩子,转变成几乎具有三年级学生水平的、完美的半流畅型解码级阅读者。有了优异的阅读测试成绩,我们只花了一点工夫就说服了范所在学校的校长和老师他们立即同意让他继续三年级的学习。我们和他的家人都非常高兴。

    但后来范的故事出现了奇怪的转折。接下来的一个暑假,范又回到我们的暑期学校。主持暑期学校计划的两位优秀教师凯瑟琳·唐纳利·亚当斯(Katharine Donnelly Adams)与特里·约菲·贝纳耶(Terry Joffe Benaryeh)被告知范有退步的危险。这次他们依旧安排希夫勒老师来指导他,奇怪的是范读给她听的时候十分流畅。学校主任和我对此非常不解。最后希夫勒老师将他拉到一旁,问他为什么明明朗读得很好,学校里的三年级老师却认为他的表现差。他害羞地回答道:“不然我怎么回到暑期学校?”我们当中还没有谁遇到过假装的阅读障碍者:范是第一个。

    解码级阅读者的语音与拼写发展

    在阅读半流畅的时期,阅读者的词汇量至少要增加3000个,之前学的 37个常用字母组合已不够用了。要做到这一点,除了要接触下一阶段的常用字母组合,还要学习麻烦的元音韵脚变化与元音字母组合。读一读下面这段文字,想想看这些相当常见的单词中元音字母ea的变化,以及各种可能的发音:

    There once was a beautiful bear who sat on a seat near to breaking and read by the hearth about how the earth was created. She smiled beatifically, full of ideas for the realm of her winter dreams.

    这一堆 ea 双元音的各种发音解释了有些教育者在教英语拼写时的无奈心理,让儿童自己在文章中学习一切,尽管这样做没什么效果。但是如果你仔细考虑一下整个单词中的字母组合,你就会发现一些常见的规律。举例来说,当ea后面接r时,通常只有两种可能(如bear与dear),但是后面接m、n、p或t时,通常仅有一种可能。对半流畅型的解码级阅读者来说,这一阶段最主要的任务是学完组合后的字母模式,从入门程度进展到认识组成单词的元音字母的“视觉组块”。此外,他们得学会自动目测出这些区别。
    “视觉单词”为初级阅读者的成就添加了重要元素,而视觉组块则会促进处于半流畅阶段的解码级阅读者的发展。儿童看出beheaded是be+head+ed 组合的速度越快,辨别文字的能力也越强,越能将这些词语整合起来。顺便说一下,在进行下一阶段阅读时,这一现象比你想象的还要多很多。

    解码级阅读者的语法、语义及词法发展

    儿童对“文字组成”的认识非常重要,这将让他们从基本的解码发展到流畅的阅读。“两种童年的传说”可能在此重新改写,也可能就此保持一生。阅读研究者基思·斯坦诺维奇(Keith Stanovich)以《圣经》中的马太效应(matthew effect)来描述阅读发展与词汇之间建设性或者破坏性的关系,在文字世界里也是富者越富,穷者越穷。词汇量丰富的儿童,能自动认出旧词,同时飞快地累积新词,一方面来自于纯粹的基础,另一方面则是从新的语境中推敲出新词的含义与功能。这些阅读者准备好进入流畅阅读的阶段了。
    但在词汇贫乏的孩子身上,他们“发育不良”的语义与语法对其口语与书面语言都有影响,如词汇没有发展,那些一知半解的单词就永远不能被熟悉,他们也学不会新的语法结构。流利的单词识别能显著地推动词汇和语法知识的发展。若儿童很少或者从未接触与使用这些词语,面对即将变得日益复杂的材料,解码级阅读者掌握起来就很困难.
    对词汇贫乏的孩子来说,现实更加严峻,因为一般很少有人去讨论伊莎贝尔·贝克(Isabelle Beck)和其同事们最近描述的现象:在大多数课堂上,老师很少会清晰地教授词汇。了解“文字组成”的儿童,阅读水平要领先其他塱证儿童很多年。
    随着阅读与拼写渐渐地发展,儿童不知不觉地学会许多单词的内部组成,了解词干、词根、前缀、后缀等构成我们语言的语素。儿童已经认识了常用的“附着词素”,如s(表复数)、ed(表过去式 ),这些词素经常会附在另一个词后头(moons是由moon与s这个附着词素构成的)。解码级阅读者会接触到许多类型的词素,如前缀(un、pre)与后级(er、ing);而当他们学习这些“视觉组块”时,阅读力与理解力都会加速成长。
    例如,孩子在潜移默化中学到一些有可能改变一个词语法功能的语素:比方说在动词 sing(唱歌)后面加上er就会变成名词 singer(歌手)。他们也开始理解许多词虽然发音不同,但当中所含有的相同词根还是会传达出相关的意思,如sign(签名)、signer(签名者)、signed(签名的过去式)、signing(签名的现在式)、signature(签名的名词)。
    但是,儿童几乎不曾接受过英语这套“词素音位”书写系统后半部分内容的明确指导。正如词法专家马西娅·亨利(Marcia Henry)所提出的诸如sign与signature这些词,正是对儿童说明英文书写系统中词素音位特性的最佳范例,也正好可以说明那些看似不和谐的无声字母,如sign中的g与muscle 中的c。词法知识是儿童发现“文字组成”的一个美好面向,也是各种辅助流畅理解文字的方法中最少被探索的。

    “危险时刻”:迈向流畅理解

    也许只有在童年时,书才对我们的生活有很深的影响……我记得很清楚,突然之间就像钥匙打开了锁,我发现我会读书了不是那种阅读课本上的像火车车厢般一组组的音节组成的句子而是一本真正的书。那是一本平装书,封面上有个男孩,被绳索绑着,嘴巴被堵住,吊在井里面,水已经淹到他的脚踝–这是侦探狄克逊·布雷特(Dixon Brett)的探险故事。整个暑假我都守着这个秘密,不想让任何人知道我会读书了,我想即便是在那个时候我也有点意识到,这是个危险时刻。 ——格雷厄姆·格林

    过去我写了许多与流畅度有关的文章。我和来自海法(Haifa)大学的同事塔米·卡茨尔(TamiKatzir)一起,写出了对流畅度发展性的新定义,在这里我想讲的其实很简单。流畅度与速度无关,而是儿童能够动用他们对一个词的全部知识,包含字母、字母组合、意义、语法功能、词根与词尾等,要快到让他们有足够的时间思考与理解。跟一个词有关的一切都有助于阅读它的速度。
    因此,要变得流畅的关键在于阅读–真正的阅读,与理解。解码阶段的末尾会直接进入格林(Greene)所谓的“危险时刻”,以及金凯德和昆德伦所描述的“平行的世界”。这时候,儿童能非常快速地解码格林所谓的“火车车厢般一组组的音节”,足以推测当中英雄的处境、预测坏人的下一步行动、对女主人公的痛苦感同身受,并且深思他们正在阅读的内容。当然,解码级阅读者还很稚嫩,才刚开始学习如何运用他们不断增长的语言知识与厘清文本的推理能力。约翰·霍普金斯大学的神经科学家劳丽·卡廷(Laurie Cutting)表示,在这些孩子身上,有些非语言的技能有助于阅读理解:例如,通过工作记忆等获得主要执行功能;通过推理和类比等获得理解技能。工作记忆为孩子提供一种临时性的空间来存放字母与文字的信息,刚好让大脑有足够的时间使之与孩子日益增进的概念信息相结合。

    非语言技能:有些非语言技能有助于阅读理解。如通过工作记忆等获得主要执行功能,通过推理和类比等获得理解技能。

    随着解码级阅读者的成长,他们的理解力已经和这些执行过程、字词的认识以及流畅度密不可分,彼此相关。流畅度的逐渐提升让孩子能够进行推理,因为这延长了他们进行推理与思考的时间。流畅度并不确保有更好的理解力,但是会提供整个执行系统额外的时间,好将注意力直接放在最需要的地方,诸如推测、理解、预测或者回过头修正前后不一致的理解或是重新赋子一种意思。
    举个例子,在《夏洛的网》(Charlotte’s web)一书中,解码级阅读者必须明白要是没有夏洛帮忙,小猪韦伯将会有什么样的命运。但是怎样让儿童准备好去理解这个帮助背后错综复杂的关系呢?在这个阶段的阅读中儿童开始学习如何在故事中的明喻与暗喻之间进行推理。这是儿童第一次学习“超越已知信息”。这只是一个开端,最后将对阅读脑做出重大的贡献–思考阶段。
    但是有时候,这个发展阶段的儿童也需要知道,要想正确地理解,必须回头再次读一个单词、句子或是段落。知道何时重读(比方说修正之前错误的解释,或获得更多的信息)以改善理解,我的加拿大同事莫琳·洛维特( Maureen Lovett)称此为“理解力监测”。她对儿童元认知能力的研究特别是对他们思考自己理解文本能力的研究,强调了这个发展阶段的两个方面,一是儿童能够在无法理解某个事物时改变策略,二是在促进这类改变时,教师扮演着重要的角色。在这个阶段的最后,解码级阅读者能够在阅读时以新的方式思考。

    最大程度地投入

    任何年纪的阅读者,尤其是儿童,必定会遇到这样一种情况:阅读时不仅会参与整个故事,还会身陷其中,最为强烈的是感官经验被限制在故事里。——伊丽莎白·鲍恩

    正如每位老师都知道的那样,情绪上的投入通常是能否进入阅读生涯的关键,有些儿童可能就此打住,停留在童年的阅读水平,阅读仅仅是一种看懂事情的方法。在我们能够记忆、预测与推理之后,我们的感觉与认同会强烈影响到童年时理解力的发展;在这个过程中,我们能够更完整地理解,迫不及待地翻到下一页。从解读良好进展到解读流畅的儿童,通常需要来自学校老师、家庭教师与父母的真心实意的鼓励,才能努力面对日益困难的阅读材料。这就像阿梅莉亚需要我来肯定她的努力,范需要希夫勒老师的支持那样。
    不过,感觉还有另一个维度:儿童让自己完全进入《夏洛的网》的能力,或者投入任何故事、任何书籍的能力,“最大程度地投入”。在学会使用所有的字母与解码规则后,在掌握了文字隐藏的生活之后,在各种各样的理解过程展开之后,这种投人的感觉能使儿童终生热爱阅读,培养他们成为理解型阅读者。
    这种永久保持新鲜感的能力形成了阿德里安娜·里奇(Adrienne Rich)“跳跃到超级技巧练习曲”的基础,也形成了阅读发展的最后几个阶段的基础,这几个阶段使我们变成了今日的我们。没有经历过这种跳跃的儿童永远不会知道在伊利诺伊州埃尔多拉多小镇上,坐在教室第三排的那个小女孩,第一次被加冕、第一次结婚,以及第一次被王子亲吻的感觉。

    第6章 阅读者的五大进阶(2)

    我心里明白要是我能一路读回去,巨细靡遗地分析童年时阅读的所有书籍,便可以找到一切的线索。孩童就好像是住在书里一样,而其涉入的程度就是书在孩子生活中的分量。 ——伊丽莎白·鲍恩
    我想要享受自己独处的甜美时光。 ——卢克,9岁

    在我们实验研究的参与者中,我最喜欢的是一位叫做卢克(Luke)的小男孩。参与者们因为各种理由加入我们的治疗计划,而他是以最不寻常的方式参加的。一般来说,适合参与我们研究的阅读困难儿童都由他们的老师推荐,并经过诸多复杂的测试,但卢克不是。他是自荐来参加我们的治疗计划的。当我们问他原因的时候,他很少回答,只是说:“我必须读完咏叹调,但我就是记不住它们!”原来卢克是波士顿儿童歌剧团的团员他是一个有天赋的歌手,但却跟不上其他孩子阅读歌词的进度。

    学校的老师认为卢克的阅读能力很好,只是有点慢而已,因此没有推荐他参与我们的治疗研究。他们并没有注意到,尽管卢克可以正确地阅读但是他的表现和努力之间存在着很大的差异。在经过一系列的测试后,临床经验丰富的研究助理凯瑟琳·比德尔(Kathleen Biddle)冷静地说道,她从未测试过这样的儿童,在认识字母和阅读单词上需要花如此长的时间卢克在这方面的问题非常严重。接着她还说,卢克的智力和他的阅读测试成绩之间的落差相当惊人。
    在治疗计划中,经过我们的努力,卢克终于学会流畅地阅读,能读完他的咏叹调歌词,并从解码阅读转变到流畅阅读。但在这个过程中,他告诉我们,在阅读的高级阶段,要从正确地阅读迈向流畅地阅读有多么困难。
    许多儿童从未完成这样的转变,原因各异,但都不同于卢克的阅读障碍。最近美国国家阅读委员会(National Reading Panel)的一份报告提到:美国国家报告卡显示,有30%~40%的四年级儿童无法完全流畅地阅读无法恰当地理解所读的内容。这是一个恐怖的数字,再加上教师、教科书作者甚至整个学校系统对四年级学生的期望各不相同,情况变得更加糟糕。
    基于某种认识,一套教学方案中整合了这种方式:一到三年级的儿童是“学习阅读”(learn to read),四至六年级则是“通过阅读来学习”(read to learn)。在儿童三年级结束之后,教师会期待他们有足够的自动阅读技能,能够在日益困难的文本材料中,“靠自己”来学习越来越多的知识。当我教导学生的时候,我也持有这种期待。虽然这不是四年级教师本身的错,但他们大多数从来没有学过如何去教导那些无法流畅阅读的儿童。
    在美国的教育中存在着一项近乎隐形的议题:能够正确阅读却无法流畅阅读的三四年级小学生的命运。除非及时处理这些问题,否则这些儿童的未来注定蒙上尘埃。目前对发展性的阅读障碍及其治疗有相当多的认识但对于那些无法流畅阅读的儿童,这类一般性的问题我们知之甚少。有许多原因会造成这样的结果,例如环境不好、词汇量缺乏,或是教学方法不符合他们的需求。
    这些儿童有些可以成为解码级阅读者,但是阅读的速度还是不快,且无法理解他们阅读的内容。他们当中有些与卢克相似的儿童,有着未被诊断出的“处理速率”型的阅读障碍,稍后我们会详加讨论。不论何种原因,我们的儿童中有近40% “未能发挥学习潜能”,这是对人类潜能的一大浪费,也 是美国教育的一个黑洞,有越来越多的孩子掉进这个半文盲的地狱深渊。

    流畅级阅读者

    孩提时代多半的时光是为他人而活的……当我是个孩子的时 候,每当黑暗降临,我就会关紧门,坐在床上读书,这是一种反抗的举动,是完全为我自己所做的事,也是唯一的一件。那是我 做回自己的方式。 ——琳恩·莎伦·施瓦茨

    在中学学校的书架上,很少有比《吉尼斯世界纪录》所更受欢迎的书。这本书将众多匪夷所思或惊险刺激的事迹分门别类,使其便于查询,正好可以用来比拟新的流畅型阅读脑。处于流畅理 解阅读阶段的阅读者,正在通过各种渠道来学习建立他们个人的知识库。

    阅读《吉尼斯世界纪录》这类书籍的儿童,通常解读很顺利,而且毫 不费力,要是没有脑成像技术,我们根本无法知道他们的大脑是如何运作 的。这时候的老师与父母会因为儿童流利的读书声而相信他们了解所读的 每一个字。

    苏格拉底所抨击的正是书面文字无法“作出回应”这种沉默的情况。因为解码并不意味着理解。即便一名阅读者理解内容里的许多事实,但是 这一阶段的目标更为深远:增进理解字词各类用法的应用能力,如反讽、语态、隐喻与观点表达,这些都已经超越了对字面意思的理解。随着阅读 的需求不断增加,好的阅读者发展出的比喻与反讽等语言知识,会帮助他 们在文本中发现新的意义,促进他们超越文字本身来理解。

    正如心理学家埃伦·温纳在《单词的意义》中所描述的,隐喻是“了解儿童分类技能的一扇窗户”,而反讽 则描绘出作者独特的世界观。举例来说,看看马克·吐温《哈克贝利·费恩历险记》中的一段文字。马克·吐温独特的反讽幽默与 隐喻让许多年轻阅读者理解起来比较困难,甚至有时候不能理解。在下面 这段文字中,哈克和他的朋友吉姆乘着木筏一同在密西西比河旅行,吉姆是一个逃走的奴隶,可能随时被抓捕。在一群人盘查吉姆的身份时,为了 使吉姆逃脱,哈克灵机一动,让吉姆假装得了天花,当别人急忙躲避时, 哈克又被焦虑困扰着:
    他们都走了,我也上了竹筏,但是感觉很糟,情绪低沉,因为我很 清楚地知道自己做错了,我明白试着做些对的事情也于事无补;人在小 时候刚幵始时没有做对,紧急关头来临时,不会有什么可以支持他,让 他信守承诺,所以会挨揍。我又想了一分钟,然后对自己说,等等,假 设你选择对的路走,放弃吉姆,你的感觉会比现在好吗?不会,我说,我会觉得很糟糕,就像现在一样。既然如此,我想,那你干嘛要在做对 的事情会导致麻烦,而做错的事情却不会造成任何麻烦,但付出的代价 一样的时候,学习做对的事情呢?我真不知该如何是好。

    哈克混乱的逻辑与自我谴责正是马克·吐温的高明之处。刚刚成为流 畅级阅读者的儿童会从马克,吐温的反讽与他富有表现力的画面和隐喻中 读出言外之意,欣赏作者试图传达的弦外之音。对于刚从简单的掌握内容 到发现言外之意的年轻读者来说,奇幻和魔法故事是再理想不过的读物了。
    想象托尔金在《魔戒》中描绘善恶的 诸多画面。中土、纳尼亚与霍格沃兹的世界正是培育隐喻、推理、类比等 技巧的温床。因为正像你在这些地方看到的那样,没有什么是永恒的。要 如何逃避戒灵与巨龙,如何做出正确的行动,都取决于一个人的智慧。在 哈克和佛罗多一连串艰辛的旅程中,无论他们的挑战多么困难,他们都学习采取各式各样的作为来应付,而一路相随的年轻阅读者们也是 如此。

    奇幻世界对刚刚从较为具体的认知处理阶段走出来、准备建构概念性 认知的儿童来说是最完美的环境。阅读生命中影响最为深远的时刻,有着 “苏格拉底式对话”的转化性效果。这发生在流畅级阅读者学习进人故事中 的男女主角生活的时刻,可能是沿着密西西比河,或是穿过衣橱。

    在这样的地方,儿童理解力的成长十分惊人,他们在其中学习联结先 前的知识、预测结果的好坏,在每一个充满危险的角落进行推理,修正他 们理解的漏洞,并且解释每一个新的线索与启示,或者以新增的知识来改 变旧有的认知。为了练习这些技能,他们学习在一个单词、一个片段或是 一个想法中层层分析,挖掘深层的意义。在这个漫长的阅读发展阶段中, 他们从了解文本字面的意义,进展到探索文字背后令人惊奇的领域。

    阅读专家理查德·瓦卡曾描述过从“流畅的解码级阅 读者”转变到“策略性阅读者”的这段转变:“阅读者知道要如何在阅读前、 阅读时及阅读后激活先前的知识,决定文章的重点,整合信息,从中推论,提出问题,自我检测并且修正错误的理解。”

    这段旅程通常会一直持续到青少年时期,一路上会遭遇许多障碍,就 像佛罗多、哈利,波特、吉姆与哈克所遭遇的那样。初中的年轻阅读者从 一开始就必须学会以新的方式进行思考,虽然有许多儿童都准备好了,但是也有许多儿童还没有。

    这个步骤是如何发生的?著名教育心理学家迈克尔·普雷斯利提出了一个论点,他认为有两项因素对流畅的理解最有帮助,一 是学习主要内容部分时老师对儿童的明确指导,二是儿童自身对阅读的渴望。学生和教师进行对话有助于他们 询问自己关键性的问题,从而获得他 们所读书本的本质。以安妮玛丽·佩林克萨与安妮·布朗的“相互教学法”为例,老师要尽力协助学生学 会询问自己不理解的部分,总结整篇文章,找出主题,归类并且推测接下来将要发生什么。要是成功的话,这 种“苏格拉底式对话”的变体会让学生终生受用,帮助他们从日益复杂的 文章中提取出意义来。

    流畅级阅读者:他们目标是学会理解反讽、隐喻,超越文字表面。对他们来说,奇幻文学是理想的书籍。在霍格沃兹和纳尼亚的世界里,儿童的理解力会有惊人的提升。

    儿童对阅读的渴望反映出他们沉浸在“阅读生活”中的程度。在儿童 先前的发展中,只有当认知、语言、情绪、社交与指导因素等一切都具备时,才能够理解文本。而普鲁斯特所描写的沉浸在阅读中的“神圣的愉悦”会将 儿童再往前推一步。在卡洛斯·鲁伊斯·萨丰的《风之影》中,描写了令人印象深刻的一幕,把这种观念带 入了生活。书中年幼的男主角丹尼尔正被他父亲带往一个神秘的图书馆, 这是他第一次对书本有更深的体会,他父亲要求他找出他“自己的书”:
    欢迎光临遗忘之书墓园,丹尼尔!每本书都有自己的灵魂,作者的灵魂以及和它一同生活、一起做梦的读者的灵魂。每一次被借阅,每一次某个人的眼睛注视着它的书页,书的灵魂就会再一次成长,再一次增强。

    丹尼尔的父亲清楚地表达了我们沉浸在书本中的那份神奇特质,告诉 我们书本拥有自己的生命,而阅读者只是稍作停留的受邀客人,而不是相反。 丹尼尔对他那本“遗忘之书”的着迷,带出整本书其余的情节,给我们展 现了阅读者如何彻底地进入“书的生命”,其整个人生也因此改变。

    知道青春、敏感与害怕是何种感觉的阅读者比较容易理解丹尼尔的生 活,了解丹尼尔的反应则增加了阅读者的阅历。通过角色认同,年轻阅读者 拓宽了他们生活的边界。在每一次深层的悸动中,他们都会学到一些新的并 且终生难忘的东西。如果被放逐到无人岛,我们当中的哪一个人不会想到鲁 滨逊的故事?在遇到一个骄傲自大的男子时,谁不会联想到简,奥斯汀笔下 的达西甚至暗自希望能发掘出他内心潜藏的善良?此外还有许许多多熟悉的 角色,我们认同这些角色的能力有助于我们自身的建构。

    让我们和书本共舞,在阅读生涯的每个时期,都潜在地改变我们自己。 但是在自主性与流畅理解力成长的时期,我们的可塑性最强。在阅读的第四个发展阶段,年轻人的任务是学习为自己的生命而阅读。随着内容领域的数量与日俱增,无论是在教室里,还是在学校之外,阅读生活都成了一 个安全之所,供年轻人探索千奇百怪的想法与感受。

    流畅而敏感的大脑

    流畅的阅读脑必须独自完成一段大脑皮层的旅程。不仅要扩充解码与 理解的能力,还要产生前所未有的细腻感受。正如将理论神经科学转化为 实用教育方法的杰出翻译家戴维·罗斯狀所言,阅读脑的三项 主要任务是模式识别、规划策略以及感受情绪。流畅级阅读者的脑成像图 清楚地显示出主管我们情绪的边缘系统和认知区联结部分 逐渐被激活。这套系统位于大脑皮层的下方(见图6-1),掌管我们在阅读时感受愉悦、恶心、恐惧与兴奋的能力,进而能够理解佛罗多、哈克与安娜·卡列尼娜的经历。正因为有这样的情感上的影响,我们的注意力与理 解力过程才能被激发或是被麻痹。戴维·罗斯提醒我们,边缘系统这个区 域在帮助我们决定阅读的优先顺序,评价所阅读的内容。

    图6-1 边缘系统

    正如我们在较为年幼的儿童身上所看到的,越是费力阅读,大脑激活得就越多,而且通常激活的区域也更大。记得之前提到,大脑两半球视觉区动用的大量皮质层,以及从视觉区到上颞叶、下顶叶最后到额叶这一 条较为缓慢、效率偏低的路径,反映出年幼的大脑在辨认字母与单词方面的努力程度。图6-2描绘出这条传导缓慢的路径—— 背侧路径,允许儿童有时间认识一个单词中的音位,也允许其有较多时间来察 看与单词有关的各种表征。因此,年轻的大脑会在解码上花费更多的时间。

    图6-2 流畅理解中的大脑(背侧与腹侧路径)

    流畅理解型的大脑则不需要花这么多时间,因为大脑中专门化的区域早已学会表征重要的视觉、语音与 语法信息,并以极快的速度提取这些 信息。根据耶鲁大学、哈斯金斯实验室以及乔治城 大学的肯·皮尤、丽贝卡·山达克等神经科学家的观点,儿童阅读得越流 畅,他们的大脑越倾向于用左半脑中效率较高的系统——腹侧途径,来取代两侧半脑的共同激活。

    流畅理解型大脑:大脑中专门化的区域已经学会表征重要的视觉、语音与语法信 息,并以极快的速度提取这 些信息。

    这套流畅的阅读路径一开始会比幼儿所用的视觉区与枕叶-颞叶区更 为集中与直接,接下来会用到颞叶中区与下区以及额叶部分。随着我们对 每一个单词日渐熟悉,就不再需要费力来分析它了。我们所存储的字母模 式与字词表征,在大脑尤其是左半脑中,会激活一个速度更快的系统。

    看似矛盾的是,这种基本解码过程在左脑专门化发展,反而激活了更 多两侧半脑来处理意义与理解过程。这样的转变反映着阅读与人类发展的 改变。我们不只是信息的解码级阅读者。

    这时候流畅理解型的大脑即将获得阅读脑进化中最得天独厚的一份礼 物一时间。当解码几乎自动化,年轻的流畅型阅读脑,每一毫秒都在学 习整合更多隐喻、推理、类比、情绪背景和经验知识。在阅读发展中,大脑阅读的速度第一次可以快到足够进行思考和体验情绪。这份时间的礼物, 是我们得以思考“世间万物,美好至极”的生理基础。在阅渎的行为中, 没有什么比这更重要的了。

    专家级阅读者

    要彻底分析阅读时我们究竟在做些什么,恐怕只有心理学家 可以完成。毕竟这需要描述许多人类大脑运作中最错综复杂的层 面,并弄清一个个复杂的故事。这些故事揭示出文明在自身历史 中学到的、意义最为重大的表现。 ——埃德蒙·休伊爵士

    在前言中我曾提到,埃德蒙,休伊爵士在上面这段文字中捕捉到了完 全流畅的专家级阅读者,如何在阅读的进化中体现出所有文化、生物与智 能的转变,以及在阅读者本身的“自然史”中所有认知、语言与情感转变。 休伊爵士1908年的这段话可能是有史以来对阅读最为清晰的描述。现代的 认知神经科学则强化了休伊的猜想——在仅仅半秒钟的阅读中,就动用了 大量复杂而广泛的大脑网络。

    半秒钟几乎就是专家级阅读者花在辨认出任何单词上的时间。在迈克尔·波斯纳与其他许多认知神经学家的研究基础上,我现在画出完全进入专家级层次的阅读脑运作过程的时间轴(见图6-3)。因 为阅读中的各种过程都是相互作用的,任何一种将阅读线性化的概念(如时 间线)都必须经过质化。有些是平行发生的,有些是先激活,然后在需要将 增加的概念信息进行整合的时候再次激活。举个例子,观察你在阅读下面这 句话时发生了什么,“船头被一个巨大的红色弓形物体所覆盖”(The bow on the boat was covered by a huge red bow.),大多数人在boat获得额外的概念性信息后,不得不回头第二次读再次激活这个单词,以判定词义。

    图6-3 阅读时间轴

    这条时间轴呈现出的那个时刻正是我所期待的:认知、语言与感受历 程,以及多处脑部区域与用于阅读的数亿神经元几乎瞬间融合到一起。接 下来,这些描述较为专业,也许并不适合每一个人。如果读者想跳过这个 部分,可以翻到“语言、语法与词法进程”部分,直接了解为何这一切 会在你和每一个专家级阅读者身上产生如此非凡的影响。

    认知——每个单词都有500毫秒的辉煌时刻

    (1) 0~100毫秒:将专家级阅读者的注意力转移到字母上

    一切阅读都始于注意力——实际上,是好几种注意力。当专家级阅读 者注视一个单词时(如bear),会首先进行3项认知操作:
    @从我们正在做的事情中抽离出来;
    @把我们的注意力转移到新的焦点上(将我们带入文本〕;
    @专注于的字母与单词。

    这三个步骤是再次定位注意力的网络,脑成像研究显示这三项操作分别动用到脑部的不同区域(见图6-4)。注意力的脱离要动用顶叶后侧的区域;注意力的转移涉及中脑中负责眼动的区域上丘; 而专注于某个东西则要动用我们的丘脑,它相当于大脑的内部交换机,负 责协调大脑中五大区域传出的所有信息。

    图6-4 注意力网络

    还有另一套注意力网络对阅读的每个阶段都极其重要,一般被称为执行注意力网络。执行系统位于额叶深处,占了相当大的一块被称为扣带回的区域,这个区域的前侧与许多阅读专门化功能密切 相关:指导视觉系统聚焦在给定字母或单词的独特视觉特征上(比如初级阅读者必须注意到bear中b的方位);协调其他额叶区域传来的信息,尤 其是有关字词意义的语义过程的部分(比如说考虑你是否想要一个bear hug);以及控制工作记忆这类特殊记忆的使用。

    认知科学家并没有将记忆看做单 一种类。大多数人所认为的记忆,即 我们回想个人信息与发生在我们身上 各种事件的能力,心理学家称之为情 景记忆,以和代表我们脑中存储的字词与事实的语义记忆区分。他们还区分出陈述性记忆与程序性记忆。陈述 性记忆是从我们知识库中提取知识内容(what)的系统,比如独立宣言是 于何时签署的;程序性记忆是我们知识中的动作技能(how),比如说怎样使用录影机,怎样骑自行车,或怎样钉钉子。

    语义记忆:人脑中存储的字词与事实。包括陈述性记忆 与程序性记忆。陈述性记忆 是从我们的知识库中提取知识内容的系统,程序性记忆是我们知识中的动作技能。

    下一种记忆类型对识字最有帮助——工作记忆。工作记忆是当我们必 须暂时掌握信息时所使用的,如此才能用以来执行一项任务。这是我们的“认知黑板”或是“便笺本”。工作记忆是专家级阅读者的关键,确保我们可以 在大脑中暂时记住一个词初始时的视觉形式,让我们有足够的时间加入与 这个词有关的其他信息(如字义或语法运用)。

    流畅级阅读者在辨认一串字符时,尤其是含有重要的语义与语法信息 的字符,他们会同时使用工作记忆与联想记忆。联想记忆会帮助我们回想 起长久以来存储的信息,比如我们的第一辆自行车、我们的初吻与其他值得记忆的时刻。

    (2)50~150毫秒:辨认字母与大脑的变化

    阅读学习的一个关键步骤牵涉到掌控文字具有的感知特质,如 此视觉系统才能有效地和语言系统对话。这样的学习成果会在前视 觉皮质区中形成一套新的运算结构,在阅读之前这是不存在的。 ——托马斯·卡尔

    学习阅读会改变大脑的视觉皮质区。因为视觉系统具有辨识物体和专 门化的能力,专家级阅读者的视觉区域会开始加入负责辨识字母、字母模式与单词的视觉图像的细胞网路。这些区域在专家级阅读者大脑中的运作速度极快,这要归功于几项非常重要的“处理原则”,其中有些已经被 20世纪的心理学家唐纳德·赫布(Donald Hebb)描述过。
    赫布提出“细胞生产线”的概念,各群细胞会聚集,以工作单位的形式来运作,以形成表征。如果专家级阅读者看到一个常见的字母模式或是bear 这样的单词,会激活一套专属的网络细胞,而不是激活大量互不相干的个别细胞去负责辨识字母中的直线、斜线与圆圈。这个操作性原则生动地体现了生物学准则“同步激活的神经细胞总是集合在一起”,它也是大脑创造大型神经回路、联结各细胞集合的基本工具,从而将整个大脑的网络联结成一个系统。专家级阅读脑是名副其实的网络拼贴画,大脑中每一种心理表征,从视觉与拼写表征到语音表征,无所不有。正如之前在斯蒂芬·科斯林的想象字母研究中所见,我们可以在瞬间提取这些表征,哪怕刚开始的刺激不是真的出现在眼前,而仅仅是在我们大脑的眼睛中。
    另一项对阅读自动化的贡献,来自看似简单的眼睛扫视文本的动作。这看起来顺利且毫不费力,但正如眼动专家基思·雷纳(Keith Rayner)所指出的那样,这只是假象而已。研究揭示出当我们从视觉区的中央(视网膜的中央凹)收集信息时,眼睛会短暂地停止跳动,出现注视点(fixation)随后则会持续进行微弱的运动,称为眼跳(saccade)。在这期间至少有10%的时间,我们的眼睛会稍微往回看去,拣选之前的信息。成人阅读时,一般的眼跳范围约是8个字母,儿童更少。人类眼睛一项卓越的设计是让我们能够在用中央凹的外围区域继续阅读每行文字的同时,以副中央凹区“向前看”。现在我们知道在读英文时,实际上看的是注视点右边14至15个字母,若读的是希伯来文,看的则是左边同样数量的字母。

    因为使用中央凹与副中央凹区的信息,我们总是可以预览将来要读到的一部分内容。稍后——约莫几毫秒的时间,预览的部分变得较易辨认,这对我们阅读过程的自动化有进一步的贡献。如雷纳所言,眼球运动与其规则中最令人惊叹的是眼睛和大脑之间的密切联系。

    这样的联结显而易见。看看刚刚那条时间线,在第50至150毫秒之间,发生了许多视觉与拼写表征过程;接下来,在150至200毫秒之间,额叶的执行系统与注意系统被激活。这是我们的执行系统影响下一步眼球运动的时刻。执行系统会决定此时收集到的字母与词语的相关信息是否已经足够,若是足够的话,则会在第250毫秒时进入下一回合的跳视,不然必须回去收集更多的信息。
    另一项对自动化有所贡献的是眼球运动的顺序,这关系到判断一组字母是否形成我们语言系统中可接受的一个模式(如bear相对于rbea),以及一个像词的字母串是否真的是一个词(如bear相对于reab)。大约在时间线上的第150毫秒时,一些枕叶-颞叶的相关区域(37区)变得重要起来。
    之前曾讨论过,斯坦尼斯拉斯·戴哈尼(Stanislas Dehaene)与布鲁斯·麦坎德利斯(Bruce McCandliss)这两位研究人员认为儿童学会阅读后,这区域的一些神经元会因为某个书写系统的拼写模式而产生专门化。他们假设这项能力由物体识别的神经回路进化而来。若真是这样,维克多·雨果对字母及其特征源自于自然形象的观察——Y与河、S与蛇以及C与新月不仅耐人寻味,也相当有先见之明。戴哈尼的团队认为原来识别蛇、型与月亮的区域被用来识别字母。视觉专门化的这个改变在专家级阅读者身上达到顶峰,在学会阅读之前,他们的视觉皮质区不存在这样的神经回路。这样的变化凸显出文字对人类大脑改变的主要方式。到目前为止,一切都发展良好。
    然而,戴哈尼的团队继续提出一个争议性更大的假设,他们推测37区这群专门化的神经元,变成了“视觉单词形成区域”,使阅读者能够在150毫秒左右,就判断出一组字母串是不是一个真正的词。另一个英国的认知神经团队不同意这个假设,并提出一个更为复杂的版本。借助一种对时间非常敏感的脑成像技术,他们描绘出在前几毫秒大脑中各类受到激活的结构,发现早在37区将一个词形信息带到意识区之前,额叶可能已经将字母的信息对应到了音位。但是目前还不确定这些激活的额叶区域是否真的参与语音对应或规划的工作,因为它们也有可能与执行功能有关。但是这些脑成像图显示出,专家级阅读一开始几个过程几乎是同步发生的,令人感觉不可思议。
    不论哪一个团队的假设是对的,他们的研究都凸显出大脑在接下来的100至200毫秒之间,每次重新启动字母文字原则时的快速反馈与前馈机制。

    (3)100~200毫秒:拼写与语音的结合

    字母原则的本质是某种语言中字母-发音的对应规则,对这些规则的熟练掌握会改变大脑的运作方式。没有学会这些规则的人,成年后其大脑会和熟悉这些规则的人不一样,而且他们对本身语言的发音掌握较不准确。葡萄牙的研究人员设计了一系列有意思的研究,凸显出读写能力对大脑产生的极大影响。他们研究了葡萄牙的偏远乡镇,那里的人因为社会或政治原因而没有机会上学。他们将这群人与同样是在乡村、但是之后会想办法学会识字的类似群体作比较,结果发现在行为、认识语言与神经上,这两群人都表现出差异。语言任务的目的在于显示出我们是如何感知与理解我们语言中的音位的(例如试着念出birth,但是不要发出b音),结果发现只有识字的人才能发掘到谈话中的音位。识字有助于他们理解单词由音节组成,可以拆分与重组。在要求重复无意义的词时(如benth),文盲受试者无法马上做到,而且会试着将无意义的词转变成一个类似的真词(如 birth)。

    学习字母原则对大脑的影响:学习字母原则,不仅会改变大脑视觉皮质区的运作,也会改变听觉与语音的运作,如知觉、辨别、分析、语音的表征与操作等。

    后来,在这两群人六十几岁的时候,又进行了一次脑部扫描,结果发现他们之间的差异变得更大。文盲组的大脑以额叶来处理语言工作(就好像这些是需要记忆或解答的问题),而识字组则是使用颞叶中的语言区。也就是说,成长背景相似的乡村居民:他们的大脑会根据识字与否,采取完全不同的方式来进行语言处理。学习字母原则,不仅会改变大脑视觉皮质区的运作,也会改变听觉与语音的运作如知觉、辨别、分析、语音的表征与操作等。目前的语音研究显示出在第150至 200毫秒之间,这些过程在皮质区的多处地方有大量的结构性活动包括额叶、颞叶与部分顶叶区(见图 6-5 ),以及右侧小脑。

    图6-5 语音处理区

    阅读时使用的具体语音技巧取决于阅读者的水平、要读的文字以及所使用的书写系统。高度规则化、高频率出现的单词,如“地毯”(carpet),比“语音”(phonological)这样艰深的单词所需的语音处理过程要少得多。正如我们之前在阅读早期阶段所看到的,初级英文阅读者痛苦地组装字母的音位表征,学习语音合成,使之组成一个词。这个过程有时会花上好几年时间。相反语法较为规则的语言,如德语或意大利语,阅读者只需花一年时间去努力解码,就可以很快学会这些比较固定的字母-发音对应规则。
    不同的字母书写系统影响到时间线上的皮质层部署它的语言区域。学习较为规则的芬兰语、德语与意大利语字母文字的人,会比英语和法语的阅读者更早使用颞叶区,并且使用的区域更为广泛。英语和法语的阅读者也使用到颞叶区,但是他们多半将这一区域用来确认文字,使用的是戴哈尼的团队所假设的那个“视觉单词形成区域”。英语和法语较为强调词素与不规则词语(如yacht),因此在第100至200毫秒这段时间,可能需要更多的视觉与拼写表征知识。同样的原则也适用于中文与日文的汉字阅读者,比起其他语言的成人阅读者,他们会动用更多左脑枕叶-颞叶区后侧围绕 37 区的区域,以及右脑的枕叶区。汉字阅读者的语音区域在这期间(第100 至 200毫秒)并不特别活跃。

    (4)200~500 毫秒:知道一个字的一切

    人对一个字的认识总是不断地演进着,对阅读者来说如此,对研究它的科学家来说也是如此。一些认知神经科学家在语义处理的阶段追踪了字词的各种意义与关联被激活时,大脑电流活动的情况。举例来说,我在塔夫茨的同事菲尔·霍尔库姆(Phil Holcomb)研究我们如何处理前后文意不协调的句子(如“龙虾吞下了一条美人鱼”)。他运用一种称为“诱发反应电位”的技术,结果发现在我们读到前后不协调的字眼(如“美人鱼”)后的 200~600 毫秒之间,大脑爆发了大量电流活动,在400毫秒时达到顶点。这类研究为我们提供了两点关于时间轴的信息:首先,这表示对一般阅读者来说,第一次提取语义信息的时间为200毫秒左右;其次,这显示出若是文字和我们预期的语义不一致,我们会一直增加信息,特别是在400 毫秒左右时。
    不论是在童年,还是专家级的阅读时期,我们对一个词所确立的知识越多,阅读的正确性就越高,速度也越快。想想在前几章中读到的这个吓人的单词——“语素音位”(morphophonemic)。在你阅读本书之前,这个单词可能会降低你的阅读速度。但是现在,它所引发的知识会加速你的识别与理解。我们阅读一个词的速度可以有多快,很大程度上是由伴随着这个词被激活的、我们所拥有的语义知识的数量和质量来决定的。就跟童年的早期阶段一样,成人的词汇知识也是一个连续统一体,从未知到认识再到熟练。
    至于一个词到底位于统一体上的哪个位置,则取决于它的频率(在文本中出现的次数)个人的熟悉程度与接触时间的早晚。想想“冗长的单字”(sesquipedalian)这个词,正如散文家安妮·法迪曼(Anne Fadiman)所说:这个词看起来就像是一个“长的单词”,的确是这样。在她的《一个普通读者的自白》( Confessions of Common Reader)中,法迪曼列举出了-串可以测试任何专家级阅读者勇气的稀有单词:基督一性论者monophysite)、有毒的(mephitic)、全协和音(diapason)、容易打开的(adapertile)与巫技(goetic)是少数几个打败我的单词。法迪曼的单词便是在文字熟悉度的连续统一体的最底端,削低我们的效率,即便这个词当中有我们极其熟悉的词素,也只是在用一线希望折磨我们。
    芬兰的研究人员发现处理语音与语义时都会用到上颞叶区域,若是遇到连续统一体中“已构建好”的那端的单词,激活的速度就会更快。而且如前所述,一个字的语义“邻居”(相关的单词和意义)对我们单词知识的贡献越丰富,辨认一个词的速度也越快。此原则适用于各年龄层的人:你对一个词的认识越好,你知道得越多,那么你读得越快。此外,拥有一个联系丰富的、已经构建好的词汇和语义网络也会直接反应在大脑结构上:在 200~500毫秒之间,这片广泛分布的网络反映出将要负责处理听觉的各种语音过程和精密的语义网络。激活的网络越多,大脑阅读这个单词的整体效率也越高。

    语言——语法与词法进程

    与语义过程一样,语法信息在200毫秒后的某个时间点,似乎会自动地使用额叶的区域,如布洛卡区、左半脑的颞叶区以及右侧小脑。语法过程几乎都是与相联系的文本(如句子或是段落)一同使用,通常需要一些前后回馈的操作(好像在读 the bow on the boat这个短语时所用到的),以及一定程度的工作记忆的运用。bear与bow这类单词在语法上具有模棱两可的信息,需要段落或句子的上下文来传达更多的信息。

    语法过程:语法过程几乎都是与相联系的文本一同使用,通常需要一些瞻前顾后的操作,以及一定程度的工作记忆的运用。

    语法信息在本质上和语义知识、词法信息都是相连的,而这些集合系统一起工作的能力会促进在 200~500毫秒期间的效率。例如,你要是知道ed 这个词素是表示过去时态的语法标志,就会很快地认出与理解bowed 这类单词。如图6-6所示,我们对一个单词认识得越多,脑部不同区域的累积性与整合度也就越高,阅读这个单词时理解得就越好,速度也越快。

    图6-6 大脑如何大声的读出一个单词

    一旦开始了解大脑阅读一个单词所需的条件,我们就不禁要问,我们究竟是怎样阅读整句话、整个段落的,更不用说整本书了。要了解这些我们需要从词语的时间轴上移开,考虑一下阅读以及理解《白鲸记》、物理学家史蒂芬·霍金的《时间简史》以及进化生物学家肖恩·卡罗尔(Sean Carroll)的《蝴蝶、胚胎与斑马:探索演化发生学之美》(Endless Forms Most Beautiful)时激动人心的成就感。

    感受——时光飞逝,阅读如何改变我们

    阅读是一种经验。任何一个文人的传记,都必须有相当的篇幅来描述他们的读物及其阅读年代,因为就某种层面来说,我们所阅读的成就了我们自身。 ——约瑟夫·爱泼斯坦
    对每一位思考者来说,每句诗每过几年都将以崭新的面貌显现,在他身上唤起不同的共鸣……这种阅读经验最棒、最神奇之处在于: 学习阅读时越能明辨、感悟与联想,我们在读每个思绪、每首诗时,越是能读出其独特之处及与众不同的地方,还有其确切的限制。 ——赫尔曼·黑塞

    专家级阅读改变成人生活的程度,主要取决于我们所读的书籍,以及我们阅读的方法。也许最能形容这类改变的,不是认知研究或脑成像图而是诗人。威廉·斯塔福德(William Staford)在文章中曾提到“你早已被赋予了注意力的品质”,这句话清楚地表现出这些改变的第一要素。他也许没有想过讨论注意力网络或专家级阅读者,不过这项几乎得来毫不费工夫的阅读专注力特质会随着我们学习阅读的过程而改变,正如德国小说家赫尔曼·黑塞(Hermann Hesse)所言:“越是明辨,越是感性,越是具有联想力。”
    随着我们逐渐成熟,面对文字时,我们不仅会动用词语时间轴上所列的一切认知才能,也会联系到我们的生活经验,我们的喜爱、遗憾、高兴痛苦、成功与失败都会左右我们的阅读生涯。我们对阅读的诠释通常会引导我们超越作者的思想,向新的方向思考。这点可以解释为什么我们在17岁、37岁、57岁或77岁时都会阅读《圣经》《米德尔马契》(Middlemarch)或是《卡拉马佐夫兄弟》(The Brothers Karamazov)等书而且每次都有全新的感受。我想用后面这两本书中的几个例子来说明,当我们每次将注意力的特质和生活经验带人阅读的过程中时,会造成多么不同的结果,我们可能错失了什么,或是获得了不同的见解。
    首先,介绍下面这个段落的背景:在19世纪乔治·艾略特的小说《米德尔马契》里,美丽而又满怀理想的年轻女主角多罗西娅·布鲁克(Dorothea Brooke)不顾多方的劝阻,执意要嫁给老迈的学者卡索邦(Casaubon)。她之所以这样做,主要是想帮助他完成其充满雄心壮志的文学巨作。在罗马的蜜月生活中,卡索邦去了很多图书馆,多罗西则只能沉浸在她自己的想法里。

    打从结婚以来,多罗西娅还不完全明白,却已感受到一份令人窒息的沮丧,原本梦想要在她丈夫脑海中寻找的远大前景和大片新鲜空气,如今却为厅堂与那些看似哪里也到不了的蜿蜒廊道所取代。

    艾略特在这段描述中使用了一系列的比喻,帮助我们揣测多罗西娅的心情,在看完卡索邦的笔记之后,多罗西娅明白他其实没有什么伟大的巨作更写不出什么书来,记录在卡索邦那些小白卡片上的,除了毫无关联的漫天思绪,什么都没有。
    这段节选自《米德尔马契》的片段,说明了专家级阅读的几个方面,首先,如阅读者没有读出隐含的意义,那么之后再读到后面五十几页中的精微玄妙之处,可能还是读不出什么。这些比喻向我们展示了“注意力在了解文章各层次的隐藏意义时的关键作用。少了这个方面,我们可能就读不出多罗西娅的困境。
    其次,这种标准的19世纪的句子彰显出熟悉语法结构对理解语义的重要性,以及语法形式如何强化作者试图表达的意思。在这段话的原文中艾略特连用了4个从句与6个短句,才最终表达了女主角“哪里也去不了的困境。这就好像她发挥了语法迂回的潜能,重新创造了代表卡索邦贫乏思想的无尽的厅堂。在句子的结尾,句型结构加上比喻修辞的组合,将我们的注意力更深一层地引导至对多罗西娅现实处境的揣测,对她产生更深一层的认同。
    第二个段落出现在前一段文字之后,这次是站在卡索邦先生的角度来进行叙述,一般阅读者可能记忆不深刻,这也不是没有道理的:

    他之前对她崇拜正确事物的能力表示赞赏:现在他突然感到一阵忍惧,因为他想着这样的能力可能会被另一种假设取代——只看到许多美好的结果,对研究它们需要付出的代价却没有任何概念。

    我已经看过好几遍《米德尔马契》。但直到去年读到这段关于卡索邦的片段时,才有了另一种想法。30年来,我完全站在多罗西一边,同情她理想的幻灭。直到现在我才开始理解卡索邦的恐惧、他的无法完成的希望以及不为年轻的多罗西娅所理解的另一种形式的幻灭。我从来没有想过自己有一天会同情起卡索邦来,但是现在,我大方地承认我确实同情他。我想艾略特也是如此,或许理由和我类似。在阅读改变我们生活的时候,我们的生活也改变了我们的阅读。
    为了描述最高层次的专家级阅读所动用的一切智能过程,现在我要以世界上最美好的一本书——陀思妥耶夫斯基的《卡拉马佐夫兄弟》中一个相当艰深难懂的段落为例。在这本深刻的俄罗斯小说里,愤世俗的哥哥伊凡对他性格温和、社会经验很少的弟弟阿辽沙说了一个关于善恶的故事——“大审判官”。这个故事里的一个情节描述了一段紧张的对话,作者把它设定在令人畏惧的大审判中。在这段对话中,90岁的老僧侣以你(you)、他(he,him)来讽刺神性。来看看你是否能达到陀思妥耶夫斯基对读者的要求,观察你自己要了解这段对话所需执行的任务,这段对话是僧侣在谴责沉默的“他”并讲述为何“他”必死。

    正是这种一致崇拜的需要,给每一个人以至从开天辟地以来的整个人类带来了最大的痛苦。为了达到普遍一致的崇拜,他们用刀剑互相残杀。他们创造上帝,互相挑战:“丢掉你们的上帝,过来崇拜我们的上帝,不然就立刻要你们和你们的上帝的命!”……你已知道,你不能不知道人类天性的这个根本的秘密,但是你却拒绝了对你提出的那面可以使一切人无可争辩地对你崇拜的唯一的、绝对的旗帜,——那一面地上的面包的旗帜,而且是以为了自由和天上的面包的名义而加以拒绝的。你瞧,你以后又做了什么。而且又是以自由的名义!………你不接过人们的自由,却反而给他们增加些自由,使人们的精神世界永远承受着自由的折磨。你希望人们能自由地爱,使他们受你的诱惑和俘虏而自由地追随着你。取代严峻的古代法律,改为从此由人根据自由的意志来自行决定什么是善,什么是恶…………更给他们留下许多烦恼事和无法解决的难题……

    经验对阅读的影响:阅读塑造我们的经验,经验也会改变我们对文字的理解。青少年时期读过的经典文学作品,现在再读一遍,我们必定会有不同的感受,而且现在的感受会比当时更深刻、更丰富。

    思考一下你刚读的这一大段想要读懂的话。首先,要知道僧侣到底说了什么;其次,要明白为何伊凡要把这个故事讲给阿辽沙听;最后,要知道天真的阿辽沙对于个人善恶观的偏见有何反应。
    在你开始阅读之前,我所提供的背景资料已经在你的脑中激发出一套预测、期望与计划的执行过程。这些过程为你准备好了一个特定的文学风格(俄国小说)与历史背景(在审判时僧侣与神的对话)。接下来,当你解读文字时,你将词语的表征临时储存(工作记忆),来“维持”高度复杂的知识,不只是单个单词和短句(共同崇拜)的意义与语法的运用,还有文中许多艰深甚至不合常理的假设(崇拜的痛苦、自由的折、自由选择的诱惑)。与此同时,这些概念的意义激活了关于一般背景知识的长期记忆——19世纪的俄罗斯、大审判、善恶的哲学思考与陀思妥耶夫斯基小说的警世目的。
    接下来,在所有的可能性中,你开始揣摩可能的意思,并产生一系列关于伊凡和阿辽沙、审判官和“他”、陀思妥耶夫斯基和读者之间关系的假设例如你可能对僧侣真正所说的内容以及为何而说构建了新的想法。在读这些段落时,你检查自己的理解力,确保你的推论符合你所存储的背景知识。若在所读和推论之间出现偏差,你会再读一次,修正你对反常之处或者全文的理解。

    智能进化永不止步

    从字词的意义与语法需求到记忆中要维持的诸多概念性假设,每一个文本的整体复杂度都会影响到专家级阅读者的理解力(见图6-7)。正如上面摘录的文字所描述的,智力的变通性会先设法让与传统假设相抵触的概念具备意义(如自由的负面价值、谴责与迫害神性的僧侣)。如同我们在《米德尔马契》的那段中所看到的那样,理解力会受到阅读者对文本的所有认知的影响。伊凡与卡索邦先生也许不会随着年龄的增长而有所改变,但我们对他们的了解却与日俱增,在37岁、57岁与77岁时读到的,一定要比在17岁时多。

    图6-7专家级阅读者的理解力

    文本与生活经验之间是双向的动态关系:我们将自己的生活经验带人文本,而文本也会改变我们的生活经验。在捕捉这种互动关系方面,没有人能比得上阿尔维托·曼古埃尔(Alberto Manguel),他在《阅读史》(4History afReading)中,将这种关系描述得淋漓尽致:整本书就是他与文本如何相互改变的历史。有时,我们沉浸到另一个思维世界之后,就会像曼古埃尔那样,自我浮现出来,以崭新的、充满勇气的方式来扩展思考、感受与行动的能力,不论这将我们带向何方,我们和昔日的自己都不同了。

    这样的经验和生理方面也有关系,这意味着当阅读达到专家级的层次之后,会有神经层面的改变。认知神经学家马塞尔·贾斯特(Marcel Just)与他在卡耐基梅隆大学的研究团队对此提出了一个假设,他们认为专家级阅读者在阅读中做出推论时,大脑中至少有两个阶段的过程,一是产生假设,二是将假设整合到他们对文本的固有知识中。

    专家级阅读者所用的这些技能,类似于《魔戒》的主角弗罗多在他最后一段旅程中,对佯装他向导的咕噜姆的理解。弗罗多看出来咕姆对魔戒反常的痴迷,在这种情况下,他首先强迫自己分析重构咕姆每个举动的真正意涵,然后将这些想法与他的行动相结合,最后预测出咕姆下一步企图做什么。
    跟弗罗多一样,专家级阅读者动用不同的理解过程、语义过程与语法过程,以及大脑皮质层中与此相关的区域,来理解文本。举例来说,研究人员发现当阅读者推测一段文字可能的含义时,在布洛卡区周围两个半脑的额叶系统都被激活了。此外,每当处理的文字在语义与语法上较为复杂时,额叶区就会与颞叶的韦尼克区、部分顶叶区以及右小脑相互作用。其次同样重要的发现是,当专家级阅读者将产生的推论与原本的背景知识进行整合时,似乎会动用整个右半脑与语言相关的系统。这项推理过程的第个步骤对右半脑系统运作的需求远远超过初级阅读者早期单纯的解码任务。
    在阅读发展过程中,右半脑的语言系统具有明显的改变,变得更为泛,就像左半脑的语言系统一样。最终,在专家级阅读者的脑部,更多地涉及了左右半脑的布洛卡区,以及包含右角回与右小脑的多处颞叶与顶叶区域。根据贾斯特的研究,图6-7向我们展示了专家级阅读者的理解型大脑,与初级阅读者相比,呈现出更美好的变化:专家级阅读者通过使用大脑的许多部位,鲜明地向我们证明了智能进化正在持续扩张的事实。
    如果我能用海明威毕生寻求的“真实的句子”来总结阅读发展的自然史那么肯定就是下面这句:阅读的发展永不结束,阅读这个永无止境的故事将永远继续下去,将眼睛、舌头、文字和作者带往一个新的世界,在那里鲜活的真相无时无刻不在改变大脑与读者。

    下一章,我们将进人另一个截然不同的阅读“自然史”,那就是阅读障碍者的故事,还有那些最终可能带来希望的遗传学研究。我们将探讨无法识字的阅读脑的过去与未来。因此,我们将探索未知的领域,在更为广阔的背景下探索文字的成就。在这个世界里,文字与图像等各种语言难以表达的形式相遇。

    第三部分 不会读的大脑也有高品质的思维:阅读脑的变奏

    对男孩子来说,从10岁起开始阅读与书写持续3年左右,是一段相当合理的时间。男孩与父母都不能因为个人好恶而延长或缩短这段时间。当然他们必须研读字母,达到能读能写的程度,但不应要求迅速地达到完美的境界,因为这段时间背后的自然过程要缓慢得多。 ——柏拉图

    第七章 阅读脑的补偿机制

    孩子最大的恐惧就是没人爱,而被拒绝则是他们最害怕的地狱。我想世上每个人或多或少都有过被拒绝的感受,再加上犯罪和罪恶感,这就成为一部人类的故事。得不到渴求的爱,有的孩子会踢猫一脚,然后怀着罪恶感瞒住这个秘密;有的会偷窃,用钱使自己感觉到被爱;另一种则是征服世界——总之就是罪恶感与报复,然后是更深的罪恶感。 ——约翰·斯坦贝克
    我宁愿清洗浴缸周围的霉菌,也不想读书。 ——一个阅读障碍儿童

    苏格兰赛车手杰基·斯图尔特(Jackie Stewant)在退休之前曾赢过27次大奖赛冠军,还被查尔斯王子封为爵士,可以说是全世界最成功的赛车手之一。他同样是个阅读障碍者。最近,在一个国际科学研讨会中,他以下面这段话结束了他的演讲:“你永远不知道阅读障碍者的感受,不论你在这个领域工作了多久,就算你自己的孩子是阅读障碍者,你还是不会理解整个童年都被人羞辱的感觉,每天都有人教育你,使你相信你永远做不成任何事情。

    身为一个阅读障碍者的母亲,我知道斯图尔特是对的。全世界阅读障碍者的故事都是一样的。一个聪明的孩子,假设是个男孩子,进入学校时满怀生命力与热情,和其他孩子一样努力学习阅读,但和其他人不同的是,他似乎学不会阅读。父母告诉他试着再努力一些,老师说他“没有发挥潜力”,其他孩子则说他是“智障”或“笨蛋”。他接收到的那些强烈信息都在说他做不成什么大事,离开学校时他与刚进人学校时那个性格热情的孩子大不相同。只因为无法学会阅读,这样的悲剧不断重复上演着,次数多到让我们只能叹息。
    幸运的话,实际上,要非常幸运,挣扎中的年轻阅读者会遇到贵人相助,帮他发现自己“意想不到的天赋”。斯图尔特说要是他没有发现自己可以赛车的话,一定会“进监狱,甚至更糟糕”,因为他曾学过如何用枪。一直到很久以后,他的两个儿子被诊断出阅读障碍,他才了解到自己小时候的生活到底是怎么一回事。他发誓绝不会让孩子们再经历这一切。
    晚期诊断是阅读障碍故事中常见的情况。金融家查尔斯·施瓦布Charles Schwab)、作家约翰·欧文(John Irving)与辩护律师戴维·博伊斯(David Boies)等人,一直到他们的孩子被诊断出阅读障碍时,才惊觉自己也有同样的问题。拉塞尔·科斯比(RussellCosby)也是直到他的侄子恩尼斯(Ennis)在大学里被教育与阅读障碍研究专家卡罗琳·奥利弗(Carolyn Oliver)诊断出阅读障碍时,才发现自己也有阅读障碍。
    有时这些故事是幸福的结局。在被好几所高中拒收后,保罗·奥法里(Paul Orfalea)最后成了图文快印行业巨头金考的创始人,大卫·尼尔曼成为美国捷蓝航空公司的总裁,约翰·钱伯斯成为思科的首席执行官。

    童年经历的影响:儿童如果有不断失败的经验,就可能对生活感到恐惧,童年的梦魇可能影响其一生。我们现在已经知道如何判断儿童是否会有阅读障碍,应当在他们经历失败之前进行诊断。

    当然这样的圆满结局并不常见。在对阅读障碍者的研究中,让我和我的许多同事最为沮丧的是,阅读障碍者人生失败的轮回在很大程度上是可以避免的。我们现在已经知道如何判断出许多可能会有阅读障碍的儿童,我们可以在他们开始经历种种挫败之前就诊断出来,否则这些经历会对儿童造成很大的伤害。儿童如果有好几年不断失败的经验,常常会对生活感到恐惧。斯图尔特曾透露,成年后无论他赢得多少奖项,或拥有多少车子与飞机,他也无法真正地认同自己。他童年的梦太长,即便后来跳出了阅读障碍者的轮回,早期学习时遭遇挫折的恐惧仍对他有持续的影响。
    研究有些大脑为何无法学会书写语言,让我们对大脑的运作有了新的认识,就像研究无法学会游得快些的乌贼的中央神经系统,立刻我们就知道游泳所需的必要条件。反过来也一样,了解阅读脑的发展给了解阅读障碍提供了新的希望。在检验这两者的过程中,我们以智力进化的宽广视野来进行探讨,把阅读这种文化产物只看成是大脑无尽潜力的一种表现。
    当我们着手阅读障碍的研究时,很快就发现这本身是一个棘手的浩大工程。之所以这样说,至少有3个原因:1.阅读脑的需求复杂;2.这项研究牵涉到许多门学科:3.阅读障碍者身上兼备强悍与极度软弱的特质。阅读障碍者的研究史正好反映出这一切的复杂度,它同时也反映了过去100年来我们的智力历史和社会的许多变化,例如诺姆·乔姆斯基的语言革命以及社会等级制度对阅读障碍诊断的影响。
    奇怪的是,一直以来关于阅读障碍都没有一个广为世人所接受的定义有些研究人员不用阅读障碍(dyslexia)这个词,而改为较一般性的描述,如无法阅读或无法学习。尽管柏拉图与古希腊人都注意到这个现象,还是有些人认为阅读障碍并不存在。由于历史原因,我个人倾向于使用“阅读障碍这个词,但不论我们称大脑无法学会阅读与拼写的状况是什么,最终并不会造成任何差异。只要我们了解这个概念中具有吸引力的观点,以及不重视这个问题所造成的悲剧就够了。

    盲人摸象般的历史

    这段复杂的故事应该从我们的进化史开始。英国神经心理学家安德鲁·埃利斯(Andrew Ellis)清楚地认识到这一问题的背景,他宣称无论阅读障碍最终被证明出是什么,“它绝不是一项阅读疾病”。埃利斯其实是要强调一个事实,大脑在人类进化的过程中从来就不是用于阅读的;正如我们所知,没有一个基因或生物构造是专门为阅读而设计的。相反,为了读,每个大脑必须学习在原本担负着物体识别等其他功能的旧的区域上建立起新的神经回路。

    阅读障碍:不是大脑的“阅读中心”出了差错,因为根本就没有这种结构。为了阅读,大脑必须学习在担负着其他功能的旧区域上,建立起新的神经回路。

    阅读障碍绝不是大脑的“阅读中心”出了差错这么简单,因为根本就没有这种结构。要找出阅读障碍的成因,务必要检视大脑旧有的结构,以及它们在处理过程、结构、神经元与基因的多个层面,每个层面的所有环节都必须在同一时间内迅速运作,才能形成阅读的神经回路。
    换句话说,我们必须再一次回顾之前提过的5层的阅读金字塔,这次需要更多的注意力。图7-1再次显示出这个金字塔,该金字塔显示出所有的活动都是为了支持顶层的基本行为,如阅读一个单词或一句话。我再次使用这个图,有新的用意:协助说明阅读神经回路发展时可能出错的各个部位与各个路径。

    图 7-1 阅读行为的金字塔

    金字塔的第二层是认知层,由基本的认知、概念、语言、注意力与运动等过程组成,是多数心理学家的主要研究范畴。20世纪的许多理论家相信阅读障碍的主要原因是这一层有了问题。因为这一层的许多过程建立在神经结构之上,这些神经结构联结起来,使我们能够学习阅读。近来许多的脑成像研究试着探索这些结构之间与其内部的联结,试图去了解阅读障碍。这一结构层的下一层是由许多神经元工作组所组成的。这些神经元工作组能够产生和提取如字母和音位等各种形式的信息的持久表征,并且自动化整个过程,使人类成为视觉与听觉的专家。
    金字塔最下层代表着控制这些神经元形成工作组和结构,最终控制视觉与语言等原有过程的神经回路的基因。近来有许多的阅读障碍研究着重于这个层面。事实上,这类研究工作非常复杂,因为阅读神经回路并没有代代相传的独特基因。每个大脑内的阅读金字塔的上面4层,必须在每次阅读时重新学会如何形成所需要的途径。因此,阅读与其他文化产物、其他过程大不相同,它们不像语言或视觉,不是“自然地”出现在儿童身上并且在年幼的初级阅读者身上尤为脆弱。
    本书所呈现的阅读脑进化的观点,将从3个让大脑能够读出第一个代币的组织规则开始。在所有的文字系统中,阅读的发展涉及以下几个原则:重新组合旧的结构,并以此创造新的学习神经回路;神经元工作组在这些构造内重现信息的专门化能力;这些神经元工作组与学习神经回路以几乎自动化的速度来提取与连接信息。如用这些设计规则来审视阅读障碍,许多可能的成因就会一一浮现:
    @ 语言或视觉结构的发展过程出现了问题,有可能是遗传的(比如这些结构中学习专门化的工作组出了差错);
    @ 自动化过程出现问题,可能是在专门化工作组中提取表征的地方出错了,或者神经回路结构间的联结有误,或者两者兼有;
    @ 这些结构之间的神经回路联结有障碍;
    @从原本特定的文字系统的固有结构中重新组合出一个全然术同的神经回路。有些阅读问题的原因在所有的文字系统中都有发现,而有些则专属于某个特定的文字系统。

    在过去120年来混乱的阅读障碍研究史上,这4种问题都曾出现在一种或者几种假设中。事实上,根据这些问题将阅读障碍的各种假设组织起来将会对理清这段历史极有帮助。更重要的是,以大脑设计为主轴来整理各种阅读障碍的理论,会让我们更清楚地明白阅读障碍研究如何增进我们对阅读脑的了解。

    假设1:固有结构的缺陷

    20世纪的阅读障碍理论主要是以神经回路中固有的结构来解释,并且从视觉系统开始探讨。现在我们所说的阅读障碍的第一个用语是“词盲”这个用语可回溯到19世纪70年代德国研究者阿道夫·库斯莫尔(Adolph Kussmaul)的研究。根据他的研究与X先生的奇怪病例,童年时期的阅读障碍被称为“先天性词盲”。

    X先生是一个法国商人,同时也是业余音乐家,有一天他起床后突然发现自己几乎一个字都读不出来。法国神经学家约瑟夫-朱尔斯·代热林(Joseph-Jules Dejerine)发现尽管视觉完好无缺,X先生却无法再读出文字、说出颜色,或者阅读音符。几年后,X先生中风,完全丧失了读写能力,最后因此而过世。

    解剖X先生的遗体后,发现他遭受到两次中风,分别损害脑部不同的区域。代热林以此作为他关于大脑和阅读的新理论的基础。第一次的中风损害了左侧视觉区与连接两侧半脑的胼胝体(corpus callosum)的后部(见图 7-2)。在第一次中风时,X先生的两个半脑的视觉区“失去了联结”虽然他可以用右半脑处理看见的事物,却无法和左半脑的语言区或是左侧受损的视觉区相联结。这是起初造成他无法阅读的原因。第二次中风时他完全丧失读写能力,这次受损的是角回区域。代热林所报告的这个经典失读症病例,成了阅读障碍研究真正开始的标志,也是关于视觉角色与联结重要性的第一个假设的基础。

    图 7-2 失读症的大脑

    20 世纪的神经科学家格施温德将代热林的案例转译成“联结阻断综合征”的一个个案,具体是指:脑部负责文字这类特定功能的部位与其他部位之间失去联结,便会导致该功能丧失。因此X先生的病例实际上反映出两个不同的假设:第一个假设,固有的视觉系统结构受损导致失读;第二个假设,阅读神经回路的联结出现障碍导致失读。

    联结阻断综合征:脑部许多部分共同负责一个给定的功能,若负责这类特定功能的部位与其他部位之间失去联结,便会导致该功能丧失。

    另一项关于阅读障碍的早期的、符合逻辑的解释是听觉系统出了问题(见图7-3)。1921年,阅读研究人员露西·法尔兹(Lucy Fildes)表示有阅读问题的儿童无法形成字母所代表字音的听觉图像,这个概念类似于我们今天所说的音位表征。1944年,神经学家兼心理学家保罗·席尔德(Paul Schilder)清楚地描述出阅读障碍者无法联系字母与其字音,也不能根据发音来区分口语单词。席尔德的观点与法尔兹早期听觉图像的研究,是现代阅读障碍最重要的一个方向的先驱:儿童无法处理单词内部的音位。

    图 7-3 视觉过程与听觉过程

    20世纪70年代初期,在语言学家乔姆斯基的影响下,心理语言学即研究语言的心理学,开始兴起,为阅读的研究另辟蹊径。早期心理语言学家的目标主要是系统地了解言语、语言、阅读发展与阅读障碍之间的关系。他们将阅读障碍视为语言疾病的观点,颠覆了之前以知觉与视觉为基础的理论。
    这种观点中最让人深思的研究之一是心理学家伊莎贝尔·利伯曼(Isabelle Liberman)与唐·尚克韦勒(Don Shankweiler)对一群患有严重耳聋的儿童的研究,当然这些儿童无法听见任何话语。他们发现其中只有少数人可以阅读得很好,而且他们和其他有音位表征的儿童有所区别。利伯曼与尚克韦勒解释道:这项研究结果加上其他的相关研究,意味着阅读更取决于语音分析语音意识等语言技能(见图7-4),而不是以感官为基础的语音的听觉感知力。

    图7-4 语言假设与语音分析

    实验心理学家弗兰克·维卢蒂诺(Frank Vellutino)彻底将阅读障碍领域从以知觉结构为主的解释中脱离出来。维卢蒂诺与其同事证实阅读障碍中最常见的知觉问题,就是众所周知的“视觉”颠倒(如将b误读成d或将p看成q),这并不是肇因于知觉缺陷,而是儿童无法正确提取这些语音的语音标志。在一个精心设计的研究中,维卢蒂诺首先给有阅读问题的儿童几组典型的颠倒配对(如b和d),然后让他们画出(视觉过程的非语言任务)或是说出(语言任务)字母。儿童可以非常正确地画出字母,但老是读错,这表明问题存在于他们的语言过程中。
    目前有上百个语音研究显示出许多阅读障碍儿童无法像一般儿童一样感知、切分或操作个别音节与音位。这项发现具有深远的意义。无法意识到bat有3个独立音位的儿童,将来如果遇到老师开始一节这样的课程:“分解这个词的读音:/b/-/a/-t/”,会面对极大的困难。这些儿童无法及时删除一个单词的词首或词尾的音位,更不用说单词中间的部分,并且无法读出这些音位;他们的声韵模式意识(如判断fat和rat是否押韵)发展得极其缓慢。更重要的是,我们现在知道在学习阅读时,这些儿童所遭遇的最大困难,是要求他们自己把字母和发音之间的对应规则纳入自己的语言体系。
    实际上,以语音来解释阅读障碍的最大贡献在于它对早期阅读指导与补救的影响。研究人员约瑟夫·托格森(Joseph Torgesen)与理查德·瓦格纳(Richard Wagner)与其佛罗里达州立大学的同事的研究证明,系统、明确地教导年幼阅读者音位意识与字母-音位的对应规则,在处理读障碍问题时远比其他方式有效。在早期阅读技能的解码过程中,为了证明音位意识与明确指导的功效而积累的证据,多到足以填满图书馆的一面墙壁。语音研究代表了阅读障碍中研究最多的结构性假设。
    其他较少为人研究但依旧很重要的结构性假设有很多:从额叶的执行过程,包括注意力的组织、记忆力与理解力的监测,到小脑后侧这些与计时、语言过程以及运动协调和概念构成之间的联系等诸多层面相关的区域每个结构性假设的重要性都有两层意义。如华盛顿大学的弗吉尼娅·伯宁格(Virginia Berninger)所证明的那样,有些儿童的阅读问题源自较为基本的问题,如执行过程中的注意力与记忆力;有些儿童则是阅读与注意力的综合征。还有下面将介绍的,有些儿童的问题与时间相关。几位英国研究者则假设这可能与部分儿童的小脑功能不全有关。
    不过该部分的整体重点还是检验所有结构性假设的类型后得到的全体图像。从20 世纪初期至中期,善意的研究人员倾向以一个丧失功能的区域来作为大多数阅读障碍的主要解释。盲人摸象的故事在阅读障碍的研究领域或许已经成了一个滥用的比喻,但却是这项研究的最佳写照。

    阅读障碍研究:许多专家认为阅读障碍是由固有结构的缺陷造成的。把各种假设涉及的脑区在同一张图上标出来,就得到了阅读脑的主要结构图,阅读障碍研究反过来增进了我们对阅读脑的了解。

    许多理论家将自己对阅读障碍的独到见解冠以新的名称,这早已是司空见惯的事情。试想如果将所有过去针对“过程-结构”层面提出的各种假设列出,就像人类大脑地图上的拼图一样(见图7-5),我们会得到什么?那就是:这些假设合起来就像“通用阅读系统”主要部位的最佳示意图。这以另一种方式来说明,将众多阅读障碍成因的假设合起来刚好映射出阅读脑的主要组成结构。

    图7-5 各种阅读障碍假设的集合

    假设2:无法进行自动化

    第二类假设重点强调了自动化失败的问题,或者说这些结构内部或彼此之间的处理速度不够快。其背后的假设是,这项障碍会造成阅读神经回路的各个部分,无论是在神经层面还是结构处理层面上,都无法流畅地运作导致用于理解的时间不够。
    和第一类假设一样,研究者会用许多与阅读流畅度有关的解释来说明金字塔的不同层次与结构。毫无疑问,其中一些和以前一样,开始于视觉。举例而言,布鲁诺·布赖特迈耶(Bruno Breitmmeyer)和威廉·洛夫格罗夫William Lovegrove)发现阅读障碍者在处理视觉信息的速度上有显著差异试想一颗星星的图像紧接在另一颗星星的图像后出现,在许多阅读障碍者的大脑中,两个快速出现的“闪光”会汇合成一个,因为他们处理视觉信息的速度不够快。
    类似的研究是针对阅读障碍者听觉信息的处理,同样也显示出他们和·般阅读者的差异。在这两种过程中,阅读障碍者和同龄的儿童在最基础的感觉层次上一样,如有视觉刺激或听觉信号发生时,会立刻有所感知。但是当复杂度增加时,就会出现落差。有些阅读障碍儿童和大多数语言缺失的儿童都比一般孩子需要更多的时间来处理两个简短的分开的音调,处理视觉图像也是这样。
    日益精密的研究显示出,处理语音的困难因为需要区分文字内细微的音位与音节等因素而加重。如剑桥大学的戈斯瓦米在英国、法国与芬兰进行的研究发现,阅读障碍儿童对自然语音中的韵律较不敏感,常规的韵律形成部分取决于字音中的重音与节奏模式的变化。这–切会导致形成不良的音位表征及以后的阅读障碍。
    有关阅读障碍脑部运动过程中速度差异的证据依旧是充满吸引力的话题之一,最后可能还是要回到戈斯瓦米关于言语的研究上。波士顿著名的心理学家彼特·沃尔夫(Peter Wolf)观察到儿童尝试按照节拍器来数出节奏,因此他总结道:当阅读障碍者必须将一个行为的各个部分组合成“临时而有序的一个整体”时,其运动区的自动化便会出现问题。换句话说,无论是眼睛还是耳朵的运动功能,有为数不少的阅读障碍儿童在需要正确有序快速地联结一项任务的各个部分时,就会出现问题,而不是在最基本的感觉处理方面。以色列心理学家扎维亚·布雷兹尼茨(Zvia Breznitz)为阅读障碍故事增加了另一个不寻常的情节。布雷兹尼茨研究阅读障碍儿童超过20年,她以一系列各种各样的测验来进行研究,结果发现有相当广泛的问题都与处理速度有关。顺着这个思路,她有了不寻常的发现。和其他人一样,她也发现阅读表现差的阅读者,在每种类型的任务中都有处理缓慢的情况,而阅读能力受损的阅读者似乎在视觉与听觉过程间有一个“时间差”,布雷兹尼茨称之为“非同步性”。似乎阅读最需要用来建立字母一发音对应关系的两个脑部区域之间处理各自信息时不能同步,无法把独立的信息整合起来进而影响到整个阅读过程。几年前珀费提也观察到布雷兹尼茨所说的时间“非同步性”现象。时至今日,这仍是阅读障碍之谜中最奇妙的一部分。
    在每种语言中最佳的阅读障碍预测指标,是一项和时间有关的称为“命名速度”的测试,这项任务几乎涵盖了金字塔第二层所有的认知过程。命名速度的故事要回到X先生的案例上,他脑部罕见的损害使他无法阅读也无法说出色彩的名称。从这点看来,格施温德推论“给色彩命名”与阅读系统一定使用了一些相同的神经结构,并且共用许多认知、语言与知觉过程。而且他还进一步推论,一般在进幼儿园之前就已经发展好的“给色彩命名”的能力,会是儿童日后学会或学不会阅读的一项良好预测指标。
    约翰霍普金斯大学的儿科神经学家玛莎·布里奇·登克拉(Martha Bridge Denckla)对这一推论做了测试,结果发现阅读障碍儿童可以正确无误地念出色彩名称,但是无法快速地念出。念色彩(或字母、数字)名称时,大脑用来联结视觉与语言过程所用的时间才是无法学习阅读者的预测指标。登克拉的发现以及她和麻省理工的神经心理学家丽塔·鲁德尔(Rita Rudel)的合作研究成果成为“快速自动命名”测试的基础,在这项测试中儿童必须尽可能快地念出成排重复的字母、数字、颜色或物体。我们实验室与世界上其他实验室的大量研究都显示出,在任何语系中,“快速自动命名”的结果都是“阅读表现的最佳指标之一”。
    后来我以此为基础发展出一个新的命名速度测试,称为“快速交替刺激”,这种测试的设计是为了在快速自动命名的需求中,增加更多的注意力与语义过程。你试想一下整个阅读发展由快速的解码能力来指导,以便让大脑有时间来思考输入的信息,就会明白这些命名速度研究的深层意义。在许多阅读障碍的案例中,大脑的阅读发展从未达到最高层次,这是因为花费在联结该过程的最早部分之上的时间过长。许多阅读障碍儿童在面对大量文字时,根本就没有时间思考。

    “快速自动命名”测试:在这项测试中,儿童必须尽可能快地念出成排重复的字母、数字、颜色或物体。大量研究显示,在任何语系中,”快速自动命名”的结果都是“阅读表现的最佳指标之一”。

    不过,研究人员从来就不打算以命名速度的缺陷来解释阅读障碍,而是将其作为阻碍阅读过程速度的某些潜在问题的指标。正如格施温德所说命名的过程与结构是阅读的主要过程与结构的子系统。命名速度涉及的过程与结构的缺陷,包括它们之间的联结、自动化或不同神经回路的使用都有可能导致命名或阅读上的缺陷。
    在命名速度的背后隐藏着一个进化的故事,并且不断丰富着第一个阅读脑进化的故事。图7-6是加州大学洛杉矶分校神经科学家拉斯·波尔德拉克(Russ Poldracle)与我们的研究团队绘制出的与命名速度有关的大脑图像,该图像完美呈现出这其中的关系。

    图 7-6 执行快速自动命名时的大脑功能核磁共振成像

    正如过去的研究者所假设的那样,在这些图像中,大脑使用枕叶-颞叶区(37区)的固有物体识别路径来命名字母与物体。功能性核磁共振成像(fiunctional magnetic resonance imaging,fMRI)支持这些研究人员的假设:人类的确是“神经元再利用”者。不过这些图像告诉了我们一个更为重要的故事反映出字母与物体之间的3个差异。

    首先,在命名物体时,左侧枕叶-颞叶区的激活程度远大于命名字母 时。物体通常不需要我们超级专门化的能力(除非是特别有趣的物体,如爱鸟者眼中的鸟),因为可能的物体实在太多了。因此,物体的识别过程并 没有完全自动化,需要更多的大脑皮质层面积。物体命名神经回路是我们 完全学会识字前的写照。

    其次,命名字母时更直接地使用枕叶-颞叶区,显示出识字的大脑视 觉专门化与特定信息自动化的能力。这正是为什么阅读者“快速自动命名” 字母永远比“快速自动命名”物体快。

    再次,也是非常重要的一点,在常规阅读脑中,相较于物体,字母这 种文化产物在每一个其他“固有构造”〔尤其是在颞叶-顶叶的语言区〕中 激活的程度明显偏高。这也是为什么“快速自动命名”与“快速交替刺激” 这类方法,可以预测所有语言的阅读表现。同样地,这也解释了为什么命 名物体与字母测试中的大脑图像,看起来像是大脑学习阅读前后的进化图 片的比较。

    最后,在为早期诊断出阅读前儿童的阅读障碍而进行的命名速度研究 当中,可能含有一些儿童发展的重要启示。我们知道绝大多数的阅读障碍 儿童在幼儿园早期,念出字母或物体的速度就明显地缓慢很多,而且那时 字母测试比物体测试更具有预测性。若以命名物体与字母的脑成像图来分 别代表阅读前与阅读后的大脑,我们可以检查小至3岁的儿童发展中的大 脑,来判断他们提取物体名称的能力是否较为薄弱。若是能及早发现任何 一个大脑的发育速度和他人不同,或者采用另一套神经回路来处理物体与 颜色,例如用右半脑回路,脑成像研究会显示出明显差异,我们便能及早 预测未来阅读失败的情况,也就有机会更早地进行治疗。

    我希望未来的研究者能在儿童开始学习阅读之前,就拥有他们进行物 体命名时的大脑图像,如此我们就能研究神经回路中一套特定的结构的使 用,究竟是无法学会字的原因还是结果。

    这样复杂的想法让我们从速度与自动化的问题,转移到这些与时间相 关的缺陷成因。原因之一可能与神经回路的联结有关。

    假设3 :结构间神经回路的联结障碍

    有一类假设强调了解结构间联结的重要性,而不是确定结构内部出问 题的位置。格施温德在翻译代热林第一个经典失读症的案例时,再次提到 19世纪神经科学家卡尔·韦尼克的“联结阻断综合征” 的概念,以此强调所有组成系统一起工作以完成每项认知功能的重要性。 因此,在X先生功能失常的案例中,右半脑的视觉信息无法经过胼胝体进 入左半脑的视觉-言语历程,而左半脑的结构性损害也一样重要。阅读神 经回路内部的联结和结构本身一样重要。

    20世纪中叶许多理论家提出的假说,都强调阅读神经回路的结构与过 程之间的联结。最普遍的两种想法都着眼于联结中断的问题来源,一是视觉-言语过程出了问题,再一个就是视觉-听觉系统有问题。现代神经科 学已经超越这些表面的解释,可以深入检查对阅读来说很重要的各种结构 间的功能性联结,或是交互作用的强度。对功能性联结感兴趣的神经科学 家倾向于研究阅读神经回路的主要组成结构的效率,以及这些结构间交互 作用的强度。

    在此种类型的研究中,至少有3种形式的联结障碍持续地受到关注。 这些积累起来的信息再次揭露出一个重大的事实。第一类型的神经回路运 作失常是由意大利神经科学家发现的:他们观察到意大利的阅读障碍者可扩大联结的脑部区域脑岛(insula)的活跃程度偏低,似乎暗示着他们额叶 与语言区后侧失去了联系。这个区域相当重要,是大脑内部距离相对较远 的各区域的中心,对自动化过程至关重要。

    耶鲁大学与哈斯金斯实验室的研究人员则发现了另一种不同却有潜在关联的联结障碍形式。他们在研究非常重要的枕叶-颞叶区时发现,无论 何种语言,该区域似乎都会在阅读初期被激活,但是阅读障碍者在该区域 37区的联结方式和其他人不同。在未受损阅读者的大脑中,最有力、最自动化的联结发生在左半脑的后侧与额叶区域之间。但是,在阅读障碍者的大脑中,最有力的联结却出现在左半脑枕叶-颞叶区和右半脑额叶区之间。 此外,一些神经科学家还发现,一般初级阅读者在阅读与处理语音信息时 所动用的左半脑角回,在阅读者障碍者大脑中运作时似乎和其他左半脑的 语言区失去联结。

    最后一种类型的联结障碍是在脑成像研究中发现的,这对整合上述所 有的发现颇有助益。休斯敦的一个研究团队采用脑磁图技术,提供了阅读 时大脑各区域中激活区域的大概图像与时间。他们发现阅读障碍儿童是从 左右半脑枕叶的视觉区开始,移动到右角回,再到额叶区。换而言之,阅 读障碍儿童使用的阅读神经回路和一般人全然不同。

    阅读障碍者的脑部活动:阅读障碍者的左脑角回区的激活程度较低,左脑枕叶-颞叶区激活程度大幅降低。这项意想不到的发现有助于解释许多谜团,包括我在麻省理工的一些 同事的发现:阅读者障碍者的左脑角 回区的激活程度较低,左脑枕叶-颞 叶区激活程度大幅降低。这些发现使 我们从神经回路内部明显联结障碍的 讨论,转向最让人兴奋的第4种假设:一颗以不同方式重塑的大脑。

    假设4 :阅读的不同神经回路

    在阅读障碍的研究史上,最不寻常也最容易理解的一项研究,来自于 杰出的神经学家塞缪尔·奥顿与他的同事安娜·吉林厄姆。根据他在20世纪二三十年代的临床研究,奥顿重 新命名阅读障碍为“视像颠倒症”,或称“扭曲的符号” (见图7-7)。

    图7-7 奥顿的“视像颠倒症”设想

    奥顿认为在大脑工作的常态分布中,通常处于主导的左半脑会选择字 母的正确方位(如b或d),或是字母的排列顺序(如是not而非ton)。但是在阅读障碍者脑中,由一侧半脑主导的模式要么不会出现,要么严重 地推迟。结果造成左右半脑之间的沟通失败,奥顿写道:有些儿童无法选 择正确的字母方向。这造成视觉空间的混淆、字母的扭转,阅读、拼字与 写字的困难,这也就是我们所说的阅读障碍。

    20世纪六七十年代的研究人员对这个想法非常着迷,他们急于发现阅 读障碍者左半脑在处理诸多与阅读相关的工作时,看似比右半脑弱势的现 象。例如,在让儿童分别以两只耳朵聆听以各种方式呈现的声音信号的任 务中(现在称为“双耳相异信息任务”),测验的普遍结果都是阅读障碍者 在使用左半脑执行听觉过程时,和正常的阅读者不一样。1970年,波士顿 退伍军人医院的神经心理学家以一系列的视觉、听觉与运动任务来测试一 般阅读者和阅读障碍者,结果不仅发现阅读障碍者在每项测验中成绩都明 显较差,还发现他们在双耳相异信息任务中具有右脑优势。
    同样地,也是20世纪70年代,研究人员在对阅读障碍者进行文字识 别测验时,在他们的脑部视觉区发现意想不到的对称性,同时发现左脑在 处理语言信息时弱化得令人吃惊。在这期间,“单侧化”研究一个接一个地 进行,显示出阅读障碍者的大脑在执行一系列工作时,都特别地倚重于右 半脑。多年来,这些发现一直被视为对右半脑与左半脑过程的认识太过简化,但是,稍后我们将看到脑成像研究者正开始重新思考奥顿的想法,以 及这些关于半脑过程的旧理论。

    在目前典型的阅读神经发展研究中,乔治城大学的研究组发现,随着时 间的流逝,右半脑中用于阅读文字的大型视觉识别系统会“逐步撤离”,而 左半脑的额叶、颞叶与枕叶-颞叶区的参与程度则持续增加。这进一步证明 了奥顿的观点:在发育时,正常阅读者的左半脑逐步承担着文字的处理工作。

    然而,我们再一次在阅读障碍者的脑中发现,阅读神经回路的这种持 续发展与正常阅读者也不一样。耶鲁大学的萨莉·谢维兹与贝内特·谢维兹夫妇领导的研究组率先观察到这一点, 他们让阅读障碍儿童进行持续性的阅读测试,从简单的视觉测试到复杂的押韵测试等,结果发现阅读障碍儿童较多使用额叶区,但却很少用到左脑 后侧区域,尤其是在发育上极为重要的左脑角回。更重要的是,这个研究 团队还在右半脑发现了潜在的“辅助”区域,补偿原本效能较高的左半脑 所执行的功能。

    近来耶鲁团队更进一步地研究了阅读正常的成人,以及另外两组有阅 读障碍但成因不同的成人,其中一组经过辅助可以正确地阅读,但是并不 流畅;另一组则是大脑没有发挥补偿作用的永久性阅读障碍,可能是受环 境影响而导致的这项缺陷。结果震惊了所有的人:无阅读障碍和因环境影 响导致的、无法辅助的阅读者所使用的神经回路相似。而较为接近典型阅 读障碍者的辅助组阅读者,使用了较多的右半脑区域,包括枕叶-颞叶区, 而其他两组使用的左半脑后侧区域在他们脑中的激活程度明显偏低。此外, 他们还发现环境影响型的永久性阅读缺陷者,使用枕叶-颞叶区的程度甚 至高于正常阅读者,这意味着这组人阅读时花费在记忆策略上的工夫远远 多于用在分析上的工夫。

    为了让读者对稍后即将介绍的最新研究有所兴趣,艺术家斯图德利绘制 了一套脑成像的素描,显示出阅读障碍者如何处理视觉、拼写规则、语音与 语义信息。图7—8显示出目前在阅读障碍自动化与流畅度的研究中,完全 可以预测的情况:从视觉-拼字规则的辨认,到语义处理过程中每一步的推 延。从150毫秒起,阅读障碍者没有一个步骤是在应有的时间点上。此外,不久前才提到的那项惊人发现也显示在这些图当中。阅读障碍者使用大脑回 路的情况似乎异于常人,他们的比较偏爱使用右半脑的结构,从视觉联合区 和枕叶-颞叶区开始,延伸到右脑角回、缘上回与颞叶区。对阅读很重要的 额叶区,使用程度是左右对称的,但在激活时有所延迟。

    图7-8 阅读障碍时间轴

    这条时间轴是世界各地诸多实验室积累的研究成果,包括美国、以色列 与芬兰等地。它很难完成。该时间轴的好处是具有启示性;缺点是很容易产 生误导。在脑成像与教育研究中,苏格拉底关于文本的警语同样适用于脑部 成像,关于这一点请阅读者牢记“他们看似真实的特性带来真理的幻觉”。

    事实上,它们只不过是我们就目前所有参与者的统计平均值所能做的 最佳诠释。只有时间与更多的证据可以揭露真相,告诉我们一个不同的半 脑所具备的能力。不过要是能在某些阅读障碍者身上证实阅读神经回路的 右脑优势这一新兴的概念是正确的,那就表示这些阅读障碍儿童的大脑不 仅在视觉、听觉、提取和整合拼写规则、语音、语义、语法与推理过程上 更为缓慢;而且还要在一个原本不是设计成处理时间准确度的半脑上,使 用一套完全不同的神经回路结构。

    几年前,曾志朗与王士元这两位杰出的研究者观察到,左半脑进化出 处理人类语言与文字所需要的精密准确度与掌握节奏的能力;与此相反, 右半脑适合从事大规模的活动,例如创造力、模式演绎和与上下文相关的 技能等。右脑优势的神经回路这项令人深思的发现有助于解释这一个世纪 以来种种关于阅读障碍的假设,这其中的每一个假设都正确地描述了这种 综合征的症状。就本书提出的“阅读金字塔”与组织这一金字塔的大脑设 计的基本原则来看,这些历史上的假设没有一项可以解释全部类型的阅读 障碍,尤其是在进行跨语言研究之后。

    左右半脑所具备的能力:左半脑进化出人类处理语言文字所需的准确度与节奏感;而右半脑擅长创造、模式演 绎和与上下文相关的技能。 有阅读障碍的大脑更依赖右半脑的神经回路。

    这让我们回到现在最迫切的问题,阅读障碍者之间的差异性,不仅存 在于不同的语言之间,而且在同样的 文字系统中也存在。了解大脑在阅读 方面的设计原则之后,我们对阅读障 碍的看法从单一的维度转移到更加有 价值的多重维度。阅读障碍的可能成 因很多,因此治疗也变得很困难。这 让研究的重点从寻找阅读障碍的基本 成因,转移到阅读障碍者中最普遍的亚型阅读者上。

    多余的假设:多重结构、多重缺陷与多种亚型

    阅读障碍者在发育过程中表现出来的阅读障碍类型会随着成长而改变, 因此接受亚型这个概念,比以经验为根据来分类要容易很多。为了考量多重缺陷的问题,我和我的加拿大籍同事帕特·鲍尔斯一起做 了一个简单的研究。我们根据两种最好的判断阅读障碍的指标区分出亚型 的种类:
    @亚型一,语音意识的问题〈一种结构性假设〉;
    @亚型二,命名速度缓慢(以替代方式处理速度与流畅度);
    @亚型三,两种缺陷兼有。

    约有25%的英语阅读障碍者仅有语音缺陷问题。更重要的是,不到 20%的阅读障碍者仅出现流畅度缺陷,这种“不够流畅”的阅读障碍亚型, 虽然在英语中相对较少,但在其他语法较规则的语言,如德语和西班牙语中, 却占有很大的比例。在英语中,第6章提到的卢克就是不流畅亚型的例子, 他不能够快速地阅读并唱出他的咏叹调,但他的老师却不认为他有阅读问 题。这类儿童在大多数的学校常常被忽视,因为他们一开始并没有出现真 正的解码问题,只有到后来才出现流畅度与理解力的缺陷。

    在英语中,最常见也是最难以处理的是亚型三:这些儿童不仅命名速 度与语音出问题,同时也伴随着每个阅读层面的严重障碍。因为同时具备 结构性与处理速度的缺陷,历史上这类儿童都被当做典型的阅读障碍者。

    有趣的是,约有10%的阅读障碍儿童无法依照上述方式进行分类。正 如心理学家布鲁斯·彭宁顿所描述的那样,这意味着 要有更为详细的多种亚型分类系统,以便将结构性数据与遗传性数据联系起来。在这类复杂的分析中,佐治亚州立大学的罗宾‘莫里斯研究团队证明阅读障碍最为严重的儿童不仅出现复合式的缺陷,而且在短期记忆方面也有问题。

    在未能全面地了解所有的亚型系统之前,从国际上几种方言与语言系统 的暂时性双重缺陷的架构中,我们获得了一些有用的信息。比如,在英语地 区的研究中,儿童在每种亚型上的比例都相当接近,但在标准美语之外的方 言中,阅读障碍儿童亚型的比例则不一样。我们的研究团队发现在非裔和欧裔的美国阅读障碍儿童之间有不一般的差异,尽管他们的智力、受教育程度 与社会经济地位都极为相似。在非裔美籍阅读障碍儿童中,有很大的比例是 双重缺陷亚型及语音亚型,在整个阅读障碍人群中的人数极不均衡。

    对此,有一个很可能的假设,非裔美籍儿童使用的主要是“非式美语”, 这是英语中的一种方言。塔夫茨大学的社会语言学家奇普·吉德尼和我们的研究组正设法找出标准美语和非式美语间的细微差异。 我们想弄清楚,这些差异是不是长久习惯说母语的儿童学习第二语言的字 母和音位对应关系规则的阻碍。我们希望了解方言之间的细微差异,是否 会对说其他完全不同的语言,如西班牙语或法语的儿童造成更大的语音识 别问题。

    现在我们比较确定的是,说非式美语的儿童有比较多的语音问题,在 这一点上,他们和说不同语言的儿童,比如西班牙语或汉语儿童,有很大 的差别。这带领我们回到阅读脑的设计这个更普遍的话题上,我们将探索 阅读障碍在不同语言中是如何表现的。

    阅读障碍的诸多面貌

    奥地利心理学家海因茨·威默操着他带有德国腔的 标准英语,听起来很像是亨利·基辛格,他描述了阅读障碍在德语、荷兰语及其他字母文字中的情况。根据已知语言的需求(德语是流畅度;汉语是视觉空间记忆;英语是语音技巧),阅读障碍会有不同的面貌,因此阅读障碍的预测指标也随之而异。如我们在阅读脑的进化中所见到的,不同的书写系统在使用阅 读神经回路的主要结构时,会有些许 差异。因此,在中国出现的阅读障碍 在本质上有细微差异绝非偶然。比如 在香港地区,研究人员在汉语的阅读 障碍儿童中发现了几种亚型,类似于 英语的双重缺陷,但是还多了一种有 趣的亚型,毫无悬念,其主要的缺陷出现在拼写规则过程上。

    阅读陣碍因语言差异而不同:因不同的语言有不同的需求,如德语要求流畅度, 汉语要求视觉空间记忆,阅 读障碍呈现出不同的面貌, 因此其预测指标也随之而异。

    在汉语读者中会发现以组字规则与视觉记忆障碍为主的亚型,这个还 比较容易理解。汉字的视觉与空间特性较为复杂,而且许多字的组字规则 都很类似。刘文理的研究团队也发现一个类似的规模较小的亚型组,包括 以下几种:语音缺陷、快速命名或流畅度缺陷、双重或结合语音快速命名 缺陷、组字规则缺陷,或是综合轻度语音、命名与词法缺陷。

    研究不同的拼音系统后,自然浮现出一项议题:阅读障碍是否会因特 定书写系统的需求而出现不同的形态。在汉语系统中,阅读障碍的研究日 益增加,显示出这项原则的诸多表现。正如之前几章所提到的,汉语代表 的是一种语素音节文字,以复杂的视觉特征来表示词素(或意义单位〉,再 以部首等更小的记号来标记语音和语义类型的辨析信息。

    英文字母代表音位的各个层次,但汉语不一样,汉语的词素可能是一 个音节,且还有不同的音调来区分。因此汉语对年幼读者来说是一系列的 挑战,从认识词素、辨别部首、区分声调到将这些信息联结到文本中正确 的异义同音字,在部分读者身上,每一个步骤都是潜在的阻碍。比如,过 去在台湾有一项研究便主要依据儿童混淆部首、同音字、笔顺与笔画的错 误来分类。

    北京的吴思娜团队也进行过一项研究,强调汉语的阅读学习中声韵意识扮演着关键性的角色。吴思娜的研究团队以儿童的认知与语言特征,以及汉语写作的特别需求为依据,发现有5种阅读障碍亚型。不论是哪一种亚型,她发现大多数阅读障碍儿童最大的困难都出现在词素层次。
    在中文的阅读障碍中,词素扮演最关键的角色。这结果和英文世界对阅读障碍的想法大相径庭,在英语中阅读障碍主要来自音素层面的问题。事实上,在汉语语系中发现某些阅读障碍儿童无法阅读的原因,和音位意识或是音位分析的关系较不如字母文字密切,这对探求一个阅读障碍更为普遍的成因极其重要。
    第一点,这彰显出阅读障碍会因应特定书写系统的需求而展现出不同的形态。第二点,在不同语系中阅读障碍展现出来的差异性又可以显示出同一个文字系统中原则上可能存在不同类型(或称亚型)的阅读障碍。第三点,在有特定要求的特定语系中,某些亚型会特别明显或是更隐晦不明比如音位单位可能是英语中主要的困难点,但在汉语中也会出现。词素单位也是同样的状况,在汉语中较为明显,但在英语世界中则没有那么明显。
    由谭力海、萧慧婷与其同事进行的几项研究显示出了这些原则的部分现象。几年前谭力海的团队研究显示出汉语阅读障碍者,其左侧额叶中回的激活区域与常人不同,但英语阅读障碍者则是在较为偏后的地方出现不同程度的激活。谭力海的团队认为语系间的阅读障碍存在差异。在他们一个较新的研究中,他们检查了汉语使用者大脑灰质的体积,包括阅读障碍者和正常人的。
    结果非常有趣,他们发现中文阅读障碍儿童与正常儿童相比,左侧额叶中回的灰质区较少。这些区域对工作记忆极为重要,是阅读汉字的关键要素之一。有趣的是,这些阅读障碍儿童的大脑后侧区域(左颞叶-顶叶区)与正常儿童并无差异。听闻这样的结果,我在麻省理工的同事约翰·加布里埃利认为,这表示:很有可能,你在一个语系中的阅读毫无问题,但在另一个语系中会很辛苦!
    这也显示出我们低估了阅读障碍所具有的复杂性。若是在各种语系间会出现不同类型的阅读障碍,就有很大的可能在同一语系中出现不同的类型,而每个语系可能出现特有的几个类型。这在英文、中文及其他几个语系中都有发现。
    在西班牙语中,马德里的研究人员发现的亚型也类似于双重缺陷分类系统,但是有一个惊人的差异:在西班牙语中,影响最大的亚型阅读障碍者的理解力受损的程度要比英国的阅读障碍者轻微许多。类似的结果也出现在希伯来语中。在一项希伯来语与英语的研究中,以色列海法的研究人员比较了各方面条件都相当的研究对象,结果发现希伯来文阅读障碍者理解力受损的情况较轻微。似乎是因为这些语言和英语相比,所需的解码时间较短,因此有较多的时间留给理解过程。
    跨语言研究的好处是可以看出一个文字系统的特点会影响到它“瘫痪的原因。当语音技巧在阅读学习中占有相当重要的地位时,比方说在语法较为不规则的英语与法语中,通常会有的缺陷是音位意识与解码的正确性–这正是阅读障碍的良好指标。
    当阅读中这些技巧没那么重要时,比方说拼写规则透明度高的德语以及其他的表意文字,处理速度就成为阅读表现的最佳诊断指标,而阅读流畅度与理解力依旧是研究阅读障碍的重点。在透明度较高的语言中,如西班牙语、德语、芬兰语、荷兰语、希腊语及意大利语,阅读障碍儿童较少出现解码问题,反而是流畅度与理解力的问题较为严重。
    根据阅读发展中大脑的设计原则以及跨语言、跨方言的比较所累积的一个世纪的研究,为我们开启了一扇认识阅读脑的重要窗口。这让我们得以超越在文字系统的演变和儿童阅读发展中所学习到的知识。这也为我们展示了阅读所需的每项要点:视觉与听觉过程中最细微的侦测指标;在不同文字系统中,联系各过程所需的时间的差别;两个半脑各负责什么工作的问题。
    有了这一切作为基础,21世纪的研究人员开始探寻,在这段盲人摸象般的阅读障碍研究史中所发现的一切,最终是否基于一套有限的、掌管旧有结构发展的基因,以及它们通力合作的能力。这些假设我们将在第8章仔细推敲,最终可能产生一个综合这4类假设的总论,在当中有少数几个特别的基因造成了阅读所需结构的神经的异常发展,从而产生了一个效率偏低的全新神经回路,因为这套神经回路本来就不是用来阅读的。

    世纪之谜

    100年前,几乎没有人知道阅读障碍的存在。大约就在那时,我的曾曾祖父推着手推车在印第安纳州建立起一个小小的经济帝国。根据19世纪南印第安纳州地方史料的记载,尽管有着这样一个有趣的性格——“据说贝克曼(Beckmann)先生既不识字也不会写字,他采用笔画来表示所有的单位数量,以便用来记账,而不用数字;有时他也用数字,但是会混淆把10写成01”,但是他每年运送几百万磅的烟草到英国。
    我不会知道我的祖先对于自己无法阅读及颠倒数字的感受如何,但是我敢打赌他一定有像赛车手杰基·斯图尔特那样感到挫败的时刻,甚至是自卑,尽管他的事业有所成功。
    幸运的是,今天每位有阅读教学经验的教师都熟悉什么是严重的阅读障碍。预测阅读失败的知识开始运用到教学实践中。斯图尔特、奥法里、科斯比和其他许多人都表示知识和应用之间的差异深深地影响了他们的生活。目前,只有少数教师熟悉阅读障碍的历史,而仍然关心其研究趋势的人就更少了。如果我有5分钟时间跟全世界的父母与教师来谈论此事,我会用以下各点来总结20世纪阅读障碍研究历史的启示:
    学习阅读,就像红袜队的棒球比赛一样,是一件可以因为任何原因而失败的美好事情。如果孩子无缘无故地学不会阅读(既没有视觉异常也不缺乏适当的阅读指导),让他们接受阅读专家与医生的评估是至关重要的。
    阅读障碍并没有固定的形式;相反,它是一个持续的发育障碍,反映出阅读以及特定语言中特定文字系统过程的众多组成问题。因此,阅读能力受损的儿童可能会表现出一系列的缺陷。这其中有些很细微,而且日后在学校中只会影响到流畅度与理解力,但多数儿童一开始还是以解码问题与无法学习字母-音位的对应关系规则为主,至少在英语中是如此。这样的缺陷也会出现在拼写能力上。
    众所周知的两项缺陷出现在语音与阅读流畅度的过程当中。因此,在大多数语言中,音位识别与命名速度这两项测试,再加上词汇量,都是读障碍的最佳预测指标。有音位缺陷的儿童一般都学不好字母-发音的对应规则以及解码。音位识别测试可以在幼儿园或一年级时就找出这些有问题的儿童。与之相反,仅有流畅度问题的儿童通常会在早期就表现出命名速度的问题。这类儿童的问题经常会被忽视,因为他们的解码是正确的尽管速度较慢。等成为高年级学生或是成年后,当阅读量增大时,他们缓慢的阅读速度跟不上时,就会产生阅读困难。他们比较像是使用德语和西班牙语这类规则语言的阅读障碍儿童,通常仅有流畅度与理解问题。快速命名测试和快速交替测试都可在幼儿园或一年级时就鉴别出有这些问题的儿童。同时有音位识别和命名速度这两项缺陷的儿童必须马上开始接受强化治疗。有少部分的儿童并没有出现音位识别与命名速度问题,但依旧有阅读缺陷,我们还需要进一步了解。
    一些阅读障碍严重的儿童,出生于语言贫乏的环境,因此词汇量成为关键因素。对有些儿童来说,英语是第二外语或方言(如非式美语或夏威夷英语 ),他们所展现出来的阅读障碍也会和一般以英语为第二语言的儿童不一样,因为他们处理英语音位的方式不同。因此有必要判断他们除了学习标准美式英语之外,在其他语言学习中是否也有阅读障碍,还是这纯粹只是因为学习第二外语或是方言的困难度而导致的问题。
    阅读障碍儿童的治疗应该处理到每一项影响阅读发展的因素,从拼写规则、语音到词汇与词法规则,以及当中的联结、流畅度和理解力的整合。任何一种阅读障碍儿童都不是“傻瓜”或“不听话”;也不是“不够用功,没有发挥潜力”,这三句话是他们最常听到而且长久忍受的。然而这些话通过许多人许多次的强调,经常会弄假成真,甚至连他们自己也误以为此。家长与老师必须确保所有的阅读障碍儿童,不论是何种形式的阅读问题,都立即受到强化治疗,而且没有一个孩子或成人因为阅读问题而被视为弱智。一旦发现儿童有阅读障碍,应立刻提供一个理解支持的方案直到儿童成为一个独立的流畅级阅读者,不然阅读障碍的挫败会引发另一个学习障碍、退学、行为不良的循环。更重要的是,社会与这些儿童都将失去他们尚未发挥的潜能。
    我的长子本就是这样一个例子。继一个世纪前他母系的曾曾曾祖父的阅读障碍后,本也出现了阅读的困难。尽管他跟许多其他阅读障碍儿童-样有相当的智力与天赋,还有积极协助的父母,他仍然在挣扎着。这本书最苦恼的时刻是在我介绍奥顿单侧化假说的时候,本就像他高中时一样,和我一同坐在餐桌旁,他在画画,那时我正写到为何奥顿的假设可能出错了。我看到了本的画,他正在仔细地画出整个倾斜的比萨斜塔,但却是上下颠倒的(见图7-9)!我问他为什么要这么画,他回答说这样画对他来说比较容易。

    阅读障碍研究的缺陷:在阅读障碍的历史与谜团中,我们已经知道了很多,但还有很多悬而未决的问题。其中一项便是右脑优势的阅读神经回路存在的可能性。

    我们这些研究人员没有一个可以用现阶段的知识来恰当地解释这个现象,在阅读障碍的历史与谜团中,我们已经知道了很多,但还有很多悬而未决的问题。其中一项便是右脑优势的阅读神经回路存在的可能性,这项极具争议的发现或许可以解释本异于常人的空间能力。
    2006年,本年满18岁,准备去读罗德岛设计学院,我决定和他讨论所有这些关于他的推测。我们画了一系列的图,从一般阅读者大脑使用两个半脑开始,然后是各种神经路径如何随着时间的变化而强化与自动化,最后探讨为什么阅读障碍者的神经回路路径可能异于常人。我丈夫吉尔和我早已习惯经常语出惊人的本;不过,这次他的第一个问题就让我不知所措。

    图 7-9 本17岁时画的比萨斜塔

    “那么,这是否意味着我比较有创造力是因为我比一般人更常使用右脑,增强了右脑的神经路径?还是说阅读障碍儿童天生就是有创造力的?我不知道要怎样回答本的问题,但我的确知道这个问题和近来右脑优势的阅读神经回路的新研究密切相关,这些问题反复出现在研究中:右脑优势的阅读神经回路,究竟是无法轻易命名字母与阅读文字的成因,还是结果。
    处于21世纪的我们正逐步揭开这个谜团,因为我们正在将过去的阅读障碍研究史中众所周知的与忽略的种种信息连接起来。再加上近来脑部成像研究所得到的新信息,对无法学习阅读的大脑到底发生了什么,我们眼前将会浮现出一个更为透彻的图像。我还不知道这项阅读障碍的新研究最后会有什么结局,身为一个研究者,我不愿多谈自己的直觉。但是如果我是正确的,我们将会发现阅读障碍是大脑补偿策略的一个惊人例子:当大脑无法正常运作一项功能时,它会重塑自身另辟蹊径。为什么会这样呢?这个问题将带领我们进入这座金字塔的最后两层,开始我们基因组成的有趣议题。

    第八章 不要错失阅读以外的才能

    “你读书的时候字母会在书页上漂浮,对吗?这是因为你的心智是由古希腊人打造的,”一起露营的、有着灰色眼睛的安娜贝什解释道,“还有注意力缺陷多动障碍–你太冲动,在教室里坐不住。那是你战斗力的条件反射。在真正的战斗中,这会保住你的性命。至于注意力问题,其实是因为你看到太多,而不是太少了!珀西,你的感觉超乎常人……面对它吧!你是一个混血儿。” ——里克·赖尔登
    倘若我们知道
    一如雕刻家所知
    木材中的缺陷
    如何引导他的刻刀
    找到最核心的地方
    ——戴维·怀特

    爱迪生、达·芬奇和爱因斯坦这三位举世闻名的伟人,据说都有阅读障碍。爱迪生小时候因为阅读障碍和健康状况不佳,不能进入正式学校学习,但他却是美国取得最多专利权的人,他创造出了无数惊人的发明,其中一项照亮了整个世界。

    达·芬奇是历史上最具创造力的人之一,他身兼发明家、画家、雕刻家、音乐家、工程师和科学家等诸多身份。虽然在各方面都很突出,他却经常被怀疑有阅读障碍。这样的猜测主要来自他留下的大量稀奇古怪的笔记。这些笔记都是从右至左的“镜像字体”,当中充满错别字、错误的语法和奇怪的语言错误。好多位为他写传记的作家都提到他不喜欢语言,而且经常提到自己缺少阅读能力。在描写理想的画家生活时,达·芬奇曾说过,最好身边总是有人为他朗读。神经心理学家阿伦(PG.Aaron)在分析达·芬奇的读写问题后,认为这正是“右半脑补偿机制”最有力的证据。
    爱因斯坦3岁以前都不大说话,他在任何需要动用文字的科目上,如外语,都表现平平。他曾说过:“我最大的缺点就是记忆力差,特别是记忆文字和内容。”他甚至还说文字在他的理论思考中,“似乎没有扮演任何角色”他“多半都是由清楚的图像来思考的”。
    爱因斯坦的状态是否如他自己和格施温德所认为的一样,是一种阅读障碍,目前仍然不得而知。不过,如果真的发现颠覆我们时间和空间认识的理论家,其脑部竟然有和时间相关的缺陷,该是怎样曲折的一段故事!要解开这个谜团,其中一个线索在他的大脑里。加拿大的神经科学家进行了一个有趣但备受争议的实验,他们解剖了爱因斯坦的大脑,发现在他扩大的顶叶中,两半脑异常地对称,不同于一般典型的左右不对称模式。
    多数的阅读障碍者并没有爱迪生或达·芬奇那样惊人的天赋,但似乎有不少的阅读障碍者具备不寻常的才能。我曾记录了一份在各领域颇有声誉的阅读障碍者名单,随着名单的不誉的阅读障碍者名单,随着名单的不断增长,我改成了只记录这些领域。

    患有阅读障碍的名人们:爱迪生、达·芬奇、爱因斯坦、冠军车手斯图尔特、建筑大师安东尼奥·高迪、思科CEO 约翰·钱伯斯、演员约翰尼·德普、凯拉·奈特利……

    在医学界,阅读障碍者可能出现在放射部门,在这里模式识别是工作的重心。在工程和计算机技术领域,他们大量集中在设计与模式识别部门。在商业界,奥法里和施瓦布这些阅读障碍者倾向于从事高级财务或资金管理,这类工作需要从大量的资料中预测趋势和进行推理。我小叔子是一位建筑师,他告诉我在他之前的事务所,建筑师的文章如果没有经过两次的拼写检查,绝对不会拿出去。有阅读障碍的演员包括丹尼·格洛弗(Danny Glover)、凯拉·奈特利(Keira Knightley)、乌比·戈德堡(Whoopi Goldberg)、帕特里克·登普西(Patrick Dempsey)以及约翰尼·德普( Johnny Depp )。

    另外两个例子则来自我的亲身经历。当我怀孕的时候,我被介绍去一名波士顿最有名的放射科医师那里做 B超。在我躺在那里等待时,听到旁边的技术员聊天,他们说全世界的患者都想到这个放射科医师的诊所来,因为这位医师是该领域最权威的人士。我的耳朵马上竖了起来,尽可能客气地问他们,为什么她是最好的,他们立刻回答我,因为她可以在几秒钟内找到一般人找不到的模式。后来,我才得知她和她的父亲都有阅读障碍。
    最近一趟巴塞罗那的旅行也有类似的经历。有5天时间,我都漫步于西班牙伟大的建筑师安东尼奥·高迪(Antonio Gaudi)的作品所在的街道上,那里的教堂和建筑充满着才华横溢的设计、异想天开的创造力和肆无忌惮的颜色运用。我猜想高迪应该也有阅读障碍。瞧,我是对的!每本高迪的传记都记录了他儿时学习与阅读时的悲惨经历。他差点儿被赶出学校,但在毕业之后,他却成为西班牙有史以来最杰出的艺术家,成为巴塞罗那建筑的守护神。

    阅读障碍者的右脑

    我们如何才能解释这么多阅读障碍者在创造力方面及其“跳出思维框架”的优势?正如我儿子本所问的,到底是因为阅读障碍者的左脑出现了问题,迫使他们使用右脑,进而增强了所有的右半脑的联结,因此发展出独特的策略来应对所有的事情,还是一开始他们的右脑联结就更有掌控性和创造力,因此接管了阅读这类活动?神经科学家阿尔·加拉布尔达(Al Galaburda)认为这两个推论可能都对了一半:“一开始没有形成左半脑的神经回路,使右半脑的神经回路能够动用许多空闲出来的神经突触。稍后,既然不能进行阅读,它们就往其他方面发展,尤其是那些擅长的方面。这些初步的证据所引发的问题并没有确切的答案,不过通过整合行为认知、神经结构与遗传学等多个层面来探讨阅读障碍问题却是一个很好的开始。基因基础是关键。尽管没有专门的阅读基因,但是这并不意味着没有与某些形成阅读脑固有缺陷有关的基因,这些基因也可能潜在地与其他强项有关。未来阅读障碍的研究方向将把我们关于行为强度和结构缺陷的知识与遗传信息结合起来,以探索是否某些阅读障碍儿童的右脑从一开始就具有建造大教堂的天赋。
    八十多年前,奥顿第一次提出大脑的两个半球无法整合各自存储的图像这一极具争议的假设。五十多年之后,格施温德写了一篇论文,标题很简单–“为什么奥顿是对的”。格施温德列出13个他和奥顿对于阅读障碍相同的见解,并认为这些见解应当纳人所有有关阅读障碍的探讨之中。
    这份清单以阅读障碍的遗传基础与大脑组织可能出现的结构差异开始,列出了在阅读障碍者受到影响的家族成员和未受到影响的亲戚中发现的优秀的空间天赋:意想不到的阅读能力,如阅读上下或镜像颠倒的文字如我的儿子和达·芬奇所做的那样);书写困难等其他不寻常的特征;并不是每个个案都会表现出说话、知觉与运动异常,这些问题需要更多深入的探索(如口吃、两手同样灵活、笨拙与情绪化等问题);以及口语与语言系统的发展缓慢。

    格施温德讨论“为什么奥顿是对的”的论文,给21世纪的研究人员留下了一份检查清单,要想解开阅读障碍之谜,获得一个满意的解释,就要先回答这些问题。以镰状细胞性贫血(这些患者的基因可以抵抗疟疾)为例,格施温德继续深入地观察,获得了这些现在看来依旧相当敏锐的发现:

    阅读障碍者经常在许多领域具有极高的天赋……我建议你别把这当做巧合。如果大脑左侧的某些改变造成其他区域尤其是大脑右侧的优越性,那表示在一个到处都是文盲的社会里,有着这样的改变的人反而具有优势,他们的天赋会让他们成为高度成功的公民……因此,我们陷入了-个矛盾的概念:大脑左侧的异常问题,在某些普遍识字的社会里是阅读障碍,同时也在同一颗大脑中决定了其优越性。

    这些观察和他大多数神奇的想法一样,是阅读障碍实证研究的先驱我们现在才跟上他的脚步。早逝的格施温德没能见到他的许多真知灼见对这个领域的持续影响,这些影响有的来自于他的直接贡献,有的来自于他的学生的研究,还有的来自于由他开始的阅读障碍研究计划,这些计划一直持续至今,将行为联系到结构、神经元乃至基因层面。
    格施温德所设想的研究计划早在二十多年前就在波士顿市立医院开始了:对于一颗保存完好的阅读障碍者大脑,没有人知道该如何处理。因此这颗大脑就交给了格施温德,他知道该怎么处理。他立刻将其交给他的两个年轻的神经科学学生加拉布尔达和托马斯·肯珀(Thomas Kemper),他们立刻对此进行了仔细的研究,首先解剖几个宏观结构,其次是阅读必须用到的微观区域。
    此后没多久,就发生了另一个重大事件。格施温德和加拉布尔达与“奥顿阅读障碍学会”成立了“脑库”,在贝斯以色列医院保存了少数几颗阅读障碍者的大脑。这个机构的影响深远,目前右脑成像研究的发现就来自这个脑库。多数人的颞平面和语言有关。颞平面是颞叶上的一块三角形区域,包括一部分的韦尼克区,在左半脑的区域会比右半脑的大。加拉布尔达与肯珀发现成人阅读障碍者的脑部并没有呈现出不对称;相反,他们的两个半脑是对称的,因为他们右半脑的颞平面比一般人的稍大一些。

    颞平面:多数人的颞平面和语言有关。颞平面是颞叶上的一块三角形区域,包括一部分的韦尼克区,在左半脑的区域会比右半脑的大。

    加拉布尔达的研究团队从这些发现中推测,阅读障碍者脑部的单侧化不完全,或是和一般人不同–这一观点对许多语言过程的发展有很大的影响。他们推测右脑颞平面异常的大,可能源自于胎儿期间细胞的自然减少这可能导致颞平面神经元的数量增加,接下来,阅读障碍者在右半脑形成新的联结以及整套新的皮质结构。当他们尝试在活着的阅读障碍者的脑部寻找类似的对称性时,功能性核磁共振成像的结果比较复杂,因此他们的假设失去了基础。
    在结构层面得不到一致的结论,促使研究往细胞层面推进。加拉布尔达与其同事们采用“细胞建构学”方法,来研究可能与阅读障碍有关的一些区域的细胞微观结构、数量和神经元迁移模式。他们发现在胎儿期初期的发展中,有几处和语言与阅读相关区域的外胚层细胞会进行迁移:左侧颞平面、丘脑的几处区域以及视觉皮质区域。这些区域组成了阅读神经回路部分,它们发生的任何神经元迁移都可能影响到这些回路之间神经交流的准确度与效率。
    举例而言,加拉布尔达的研究团队发现,负责快速或瞬间处理过程的“巨细胞系统”,在丘脑内部与阅读相关的两个重要中心里,至少有两处表现出持续的异常现象:一处是脑内的外侧膝状体,负责协调视觉过程;另一处是内侧膝状体,负责协调听觉过程。我们再次发现了两个半脑之间的区别,右半脑的大型神经元要比左半脑多一些。加拉布尔达认为这些细胞的差异会影响到处理文字信息所需要的时间,而且可能意味着阅读障碍者使用了一个不同于常人的阅读神经回路。
    加拉布尔达慎重地指出,我们还不知道这些差异到底是阅读障碍的成因还是结果。这里浮现出来的问题是,各类神经元的改变如果发生在重要的部位(如阅读所需的固有结构),就可能破坏阅读所需的神经效率,因而会促使大脑形成一个不同的阅读神经回路。该观点整合了过去许多基于结构、处理速度与神经回路改变等缺陷的有关阅读障碍的假设。

    有两项特别的研究阐明了这个结论。其中一项是在转基因老鼠身上测试神经元层面缺陷的影响,有时候,这种老鼠被夸张地称为“超级鼠”。贝斯以色列医院的神经科学家格伦·罗森(Glenn Rosen)在这些老鼠的听觉皮质区造成一处小小的损伤,类似于早期在阅读障碍者丘脑中发现的神经异常。实验发现,损伤导致了老鼠无法再快速处理呈现的听觉信息。此外,格伦的动物模型显示出重要区域的细胞可能导致处理信息的效率出问题。
    另一项由波士顿神经科学家主持的研究显示,患有罕见遗传性癫痫“脑室旁结状灰质异位症”的病人也有相似的情况。这种病人在出生前脑室旁会有“流氓细胞”形成的神经瘤。这些神经瘤类似于在超级老脑中诱发的损伤:它们出现在不该出现的地方,因此在某些情况下具有破坏性。在这个研究案例中,这些神经瘤造成以后生活中的癫痫发作-但也有可能是其他原因。

    这项研究的参与者之一张博士找到了我和我的同事塔米·卡兹尔(Tami Katzir),因为他们在所有的患者身上都发现了一个同样的行为特征:阅读流畅度极差,他对此感到疑或不解。有些患者小时候就被诊断出阅读障碍有些则没有。有些出现语音缺陷,有些没有。但所有患者出乎意料地都是迟缓型阅读者。我们立刻意识到,不论是成人阅读障碍者,还是儿童阅读障碍者,关于他们阅读流畅度的问题,这些患者可以提供无法预测到的证据。
    将这些研究集合起来,我们得出了几项重要的启示:造成阅读流畅度受损或是迟缓的途径可能很广泛,阅读障碍的成因是多么各种各样。癫痫患者的例子暗示着阅读障碍可能是由脑部许多区域的缺陷导致的。例如在可能影响到视觉工作效率的地方或是在可能减弱语音过程的区域长出脑瘤,这两种情况都会造成阅读迟缓。但这些案例不能解释为什么在某些读障碍者身上会出现过多依赖右半脑的情况,但是它们确实显示出因为左脑的种种缺陷,大脑被迫使用相应的右半脑区域。
    在格施温德的逻辑之上发展出了一个新的假设。在没有文字的社会里,右半脑强化基因可能会高度发达,但在有文字的社会中,同样的基因却在右半脑中建立了基于时间功能的、负责精确度的阅读结构。而这些功能最终会用右脑的独特方式来执行,它们没有左半脑的准确度高,效率也不尽如人意。所以在阅读中不可避免地会遇到困难。一位杰出的遗传学家观察到,阅读受到许多基因的影响,这些基因的出现会增加阅读问题的风险,但是和由一个基因造成一种特定的遗传性疾病的情况不一样。举个例子,囊肿性纤维化症的一个基因就决定了其显型结果,或称为遗传结果。相反,阅读基于许多固有的过程,因此复杂度高不是一个基因就可以完全决定所有的阅读障碍类型。换句话说,阅读障碍不会只有一种显型。
    耶鲁大学的遗传学家埃琳娜·格里戈林克(Elena Grigorenko)的研究强化了这个观点。在对与阅读障碍相关的遗传区域进行地毯式分析之后她认为这个问题是多基因而非单基因遗传。这项结论解释了为什么有多种阅读障碍亚型的存在。彭宁顿和科罗拉多的研究团队也观察到,亚型如有语音缺陷、流畅度缺陷、双重缺陷与拼写规则缺陷等表现的阅读者是几种显型在行为层面的表现。而且,由于不同的文字系统所需的条件不同,有些表现型可能在拼写规则的语言中较为普遍,如德语,有些会在不规则的英语中居多,而在全然不同的文字系统如中文、日文这类语素音节文字中,又是另一种表现。

    阅读障碍是多基因的遗传现象:阅读障碍不是一种由一个基因造成的疾病。阅读涉及许多复杂的认知过程,没有哪个基因可以完全决定所有的阅读障碍类型,阅读障碍是一种多基因的遗传现象。

    目前一些跨国研究初步支持了这样的观点:在其他语言的阅读障碍者身上会发现遗传的差异。芬兰与瑞典的研究人员发表了一份资料,他们发现在第6条染色体上称为DCDC2的遗传位置可以用来辨别多数的德语读障碍者,他们主要都有流畅度缺陷的问题。耶鲁与科罗拉多的研究团队针对英语语系的阅读障碍者进行研究,结果也支持这个基因位置,但在他们的实验对象里仅有17%的人是阅读障碍者。有趣的是,我们发现在我们的亚型研究中,阅读障碍者中约有17%的人也只有流畅度缺陷的问题。

    DCDC2的故事里有一个有趣的转折,这与之前提到的阅读障碍使用不同的阅读神经回路有关。通过动物模型,耶鲁的研究人员研究发现压制这个遗传位置的表现时,新生的神经元不会迁移到右半脑皮质区。耶鲁的研究人员据此提出一个假设:有类似的遗传变异的阅读障碍儿童,他们的脑部可能会形成并使用一个“效率较低的阅读神经回路”。
    在另一个不同类型的研究中,研究者关注了一个具有悠久阅读障碍遗传史的芬兰大家族,发现他们一个称为ROBO1的区域表现出遗传变异有趣的是,如果按照奥顿早年提出的假设来看,ROBO1协助“发育期间塑造大脑两侧的神经联结,并且阅读障碍者的ROBO1可能受损”。另外,这些研究也在两种规则语言中发现了两个不同的区域–这正好反映出阅读障碍的多种解释以及为何在单一语言中发现诸多亚型的事实。
    其他支持来自美国一项大型且相当完善的遗传研究项目“科罗拉多双胞胎研究”。在这个项目中,心理学家迪克·奥尔森(Dick Olson)和其他研究者从幼儿园开始追踪了300对同卵与异卵的双胞胎。这个团队发现儿童在阅读能力、语音意识和快速命名的能力方面,表现出很大的遗传效应和一些环境效应。对理解阅读障碍中可能的亚型极为重要的是,语音技能与快速命名都显示出独立的、意义重大的遗传性。
    如果这些结果可以重复验证,那就表示有单独的基因来负责目前已有文献记载的英语阅读障碍亚型的两种过程,并且在许多语言中可以以此预测阅读障碍。倘若未来的研究可以准确地找到不同的显型,以及它们的结构和行为特征、缺陷和强度之间的关系,我们就有办法解开阅读障碍史中的许多谜团。

    每个孩子都有自己的潜能

    如果有好几种显型,有些儿童的阅读障碍可能同时遗传自父系与母系。我在思考儿子本的阅读障碍家族遗传史时,考虑到各种细微和明显的个案发现他和弟弟戴维的情况,就和奥顿与格施温德观察到的一样。虽然戴维具有写作天赋,还热爱足球,看起来似乎没有受到任何影响,但他提取文字的问题以及书写困难,无论如何补救都没有用。
    戴维的情况和本的双重缺陷可能来自两个家族基因综合的结果。我的公公厄恩斯特·诺姆(Ernst Noam)是一个欧洲知识分子,学的是德国法律,但在希特勒时代始终无法执业。我丈夫的姐姐从她父亲那不同寻常的求学史中,发现他有某种类型的阅读障碍,虽然他可以读4种语言。我自己的母系中,曾曾祖父颠倒数字与字母的事迹人人皆知,连印第安纳州的历史中都记载了这个事实。吉尔和我的兄弟姐妹、堂兄表妹、外甥和侄女中分别有人从事艺术家、工程师、律师、商人、外科医生的职业,都取得了成功,其中有些人曾有过轻微或不甚轻微的学习问题。
    格施温德花了不少篇幅来讨论,我们有必要了解“未受影响”的家族成员的基因情况。例如他注意到奥顿本身的“了不起的空间才能”。戴维的书写困难与文字提取问题,并不需要我特别花精力去研究,一直到我坐下来动笔写这一章时,我才开始审视自己的学习经历。我自己的阅读过程看似没什么特别之处,我的文字提取过程也毫不费力–这完全是因为我对文字的热爱无形中给我提供了已经准备好的替代方式。
    还有一件与此有关的事情,我也是现在才想通。多年前,我有个不为人知的梦想,希望能成为一个钢琴家。当我温柔的钢琴老师告诉我,她很喜欢听我弹莫扎特、肖邦或贝多芬,但我弹的并不是这些作曲家原本想要表达的,我的梦想就此破灭了。她说我有自己的时间感,总是跟作曲家不一样,而且她认为这个问题改正不了。刹那间我明白为什么我每次陪那些可怜的孩子弹钢琴时,总觉得他们的节奏不对。原来是我自己的时间感有问题,而不是他们错了!一直到现在我才想到我读乐谱的怪异方式可能是一种遗传的表现,来自我自身处理速度差异的遗传。

    在阅读障碍者的家庭里,其实没有“未受影响”的家庭成员。我们每-天都受到或多或少的影响,任何一个有孩子、孙子或兄弟姐妹是阅读障碍者的家庭,都明白这一点。不过我们受到影响的方式可能超乎我们的理解–这些方式打开了一扇门,让我们理解为什么在具有阅读障碍遗传史的家族中,会出现如此多的各式各样的家族成员。

    我对爱因斯坦大脑的重量和脑回没有太大的兴趣,我好奇的为什么拥有相同才能的人,却在棉花田或是毛衣店里耗尽了一生。 ——史蒂芬·杰伊·古尔德

    最后,阅读障碍研究最重要的启示,并不是要确保我们不妨碍未来达·芬奇或爱迪生的发展;而是要确保我们没有错过任何一个儿童的潜能并不是所有的阅读障碍儿童都天赋异禀,但他们每一位都具有独特的潜能然而大多无人知晓,因为我们不知道如何开发这些潜能。
    我们这些研究阅读障碍的人正尝试寻找能够实现他们潜能的方法。在所有该说的都说了、该做的都做了之后,最终需要将从行为开始一直到基因层面的阅读障碍研究与我们的教学方法和内容结合起来,看看是否适用于特殊的儿童。就我们所探索过的众多原因来看,目前大多数学校采取的是统一的教学模式,无法帮助阅读方面有困难的儿童。因此,有必要让教师们接受培训,使用一套可以用来辅导不同类型的儿童的教育规则。正如政策制定者里德·莱昂(Reid Lyon)一再强调的那样,我们还需要调查与了解不同条件的儿童所需要的最好照顾是什么。世界上并没有一个普遍有效的治疗计划,不过倒是有必须纳入所有语文教学计划的原则。
    在这些重要的原则中,有几项和文字本身一样古老。多年来,我和同事在阅读语言研究中心,以我们对阅读脑的了解,设计并且评估了一个治疗计划(RAVE-O),可以帮助许多正在挣扎的阅读者克服诸多语言缺陷我们从来就没有意识到我们其实是在重复发明苏美尔人的那套教学规则这是目前人类史上所知的最早的阅读教学法。

    我们可以用全然不同的方式来组装教学法,但跟苏美尔人一样,强调每天大脑阅读所用的主要语言与认知过程:以词语的语义家族来指导语义的深层知识以便提取词语;强调语音意识及其与字母表征的关系;强调拼写规则的自动化学习:强调语法知识与词法知识。但跟苏美尔人不同的是我们采用多种策略来处理流畅度与理解力的问题。我们和苏美尔人一样想要每个有困难的阅读者尽可能多地认识字;但我们希望每个儿童都能快乐地学习。
    和儿童一起工作的我们,希望他们能了解,尽管学习方式不同,但他们每一位都可以学会阅读。寻找最好的方式来指导阅读障碍儿童是我们的工作,而不是儿童自己的责任。我和我们的同事莫里斯和莫琳·洛维特(Maureen Lovett)10年来开展了针对各种治疗计划的研究,我们都努力做着这样的工作。

    每个孩子都有自己的潜能:我们不能错过任何一个发展儿童潜能的机会。并不是所有的阅读障碍儿童都天赋异禀,但他们每一位都有独特的潜能,这些神奇的能力往往被埋没了,因为我们不知道应该如何开发。

    我们实验室与全国各地的研究中心未来的努力将放在治疗计划造成的改变上,不仅是行为的变化,也包括神经层次的变化。比如,现在我们正和麻省理工的加布里埃利的研究团队合作,研究和判断在我们的治疗计划前后,阅读障碍者的脑部重要区域是否发生了变化。好的老师不需要学习神经学也会知道口语和文字的许多层面是非常重要的,不过纳入神经科学的教育研究可以判定哪些方式对儿童最有效。只要我们能观察儿童在从事特定的测验时所动用的结构区域,以及在经过一套强化疗程后,他们改变的经过和情况,便可以知道这一切。
    这些新方向正改变着我对阅读障碍的看法,不论是身为一名研究人员还是一个母亲。如果阅读障碍依赖右脑的理论,在某些甚至大多数的儿童身上被证明是正确的,这相当于开辟了一条前所未有的道路——教育大脑组织架构不同于常人的阅读障碍者,这其中也混合着独一无二的优势和挑战。最后,所有关于以不同方式来学习阅读的儿童的研究,都将成为研究我们如何学习阅读的巨大知识体系的一部分。随着时间的演变,不论最终的解释是什么,这个领域的研究驱使着我们超越过去二十多年的所学,进入一个几乎尚未探索过的新领域。事实上,超越我们的所知,正是本书的最后一个目的。

    第四部分让大脑有时间来思考:超越阅读脑

    在传统书籍与电脑屏幕的冲突中,屏幕终将取得压倒性的胜利。地球上已有10亿人在看这样的屏幕,搜索技术会把零散的书籍转化为全人类知识的环球图书馆。 ——
    凯文·凯利

    第九章 网络时代的阅读与思维方式

    世界每一次沉闷的转折都有这样一些人被剥夺继承权,他们既不占有过去,也不占有未来。因为未来即使近在咫尺,对于人类也很遥远。 ——雷纳·玛丽·里尔克
    阅读是一种内在的纯净而简单的行为。其目的并不仅仅是吸收信息而已……相反,阅读是拷问自身……书,是人类创造出来的最美好的东西。 ——詹姆斯·卡罗尔

    每个社会都在担忧他们的年轻人以及他们未来将要面临的挑战。在人类进化的过程中,此刻所面临的这些挑战正步伐加速,对此没有人能比未来主义者兼发明家雷·克兹维尔(Ray Kurzweil)描述得更令人信服。他在充满远见的著作中说,通过人类发明的科技和人工智能,我们大脑内上千亿的神经联结将成倍地扩张:

    我们有信心在 21 世纪 20 年代看到供我们模拟整大脑的数据收集与运算工具,使人类智能的运作原则与智慧型信息处理的形式有可能结合起来。机器拥有储存、提取与快速分享大量信息的强大功能,人类也将因此受惠。然后,我们便能在电脑运算平台上应用这些强大的混合系统,这将远远超过构造上较为稳定的人类大脑的能力。
    受限于我们大脑目前每秒 1016~1019次的运算能力,我们甚至难以想象,2099 年我们的未来文明——届时大脑能以每秒 1060次的速度来运算,那么我们思考与行动的能力又将如何呢?

    有件事情倒是可以预见的,那就是人类行善与破坏的能力也将成倍地增强。如果要为这样一个未来做准备,那么我们做出重大抉择的能力势必来自于过去世代的学习者鲜少使用的严格标准。若是物种想取得完全意义上的进步,这样的准备工作,需要将大脑的注意力与抉择力为全人类的幸福服务。换而言之,要准备好迎接这样的未来,必须将我们目前的阅读脑调整到最好的状态,因为它已经开始经历下一代的改变了。
    克兹维尔暗示思想过程成倍地加速发展完全是件好事,我并不同意这种观点。在音乐、诗歌乃至生活中,休息、停顿、缓慢的变化是了解整体的必需要素。事实上我们的大脑中有一种“延迟神经元”,其主要的功能就是延缓其他神经元之间的神经传导,不过仅仅几毫秒而已。正是这些难以估计的几毫秒为我们对现实的领悟带来秩序,协调我们踢足球和演奏交响乐时的动作。

    “更多与更快必然就是更好”的假设也应当受到质疑,尤其是在从如何饮食到如何学习这样的想法都在不断影响美国社会的时候,很难说这是否真的会带来好处。
    举例来说,我们的孩子目前所经历的这些充满加速度的变化,是否将严重影响他们的注意力,是否会影响他们把一个词转化成一个想法、把个想法转化成一个超越想象的、充满任何可能性的世界的能力?我们的下一代在言语文字中发现见解、欢乐、痛苦与智慧的能力是否也将发生戏剧性的改变?他们和语言的关系是否也将产生本质上的变化?他们是否会因为习惯接收即时的电脑屏幕信息,而使得目前阅读脑的注意力、推理能力与反省能力发育不完全?未来一代又一代的孩子又会如何?苏格拉底对没有指导而随意接触信息的顾虑,在现今的世界中是否比古希腊时代更让人忐忑不安?
    或者我们的新信息科技所产生的需求,如多重任务以及整合与权衡大量的信息,也许有助于发展更有价值的新技能?那么人类的智力、生活品质以及作为一个种族的集体智慧是否会因此而增长?智力的加速提升,会给予人们更多的时间来反思与追求人性的美好吗?倘若真是如此,下一代人所具备的那套智力技能,是否将会导致产生一群新的、权利被剥夺的儿童就跟目前的阅读障碍者一样,被置于一般人之外?又或者是在对待儿童的学习差异时,我们会因为认识到大脑组织形式的差异性以及这些遗传变异所带来的优势与缺点,而对此准备得更充分一些?
    大脑的结构并不是天生设计用来阅读的,阅读障碍就是目前最好也是最鲜明的证据。阅读障碍在我看来是日常生活中一个关于进化的提醒,提醒自己世界上存在着组织极为不同的大脑。有些组织方式可能不适合用来阅读,但对于建筑物与艺术的创造,以及模式识别–不论是在古战场还是活体组织切片中,都至关重要。大脑组织的某些变异可能会为即将占主导的沟通模式带来一些新的装备。

    延迟神经元:“更多”、“更快”未必就是更好。我们的大脑中有一种“延迟神经元”,其主要功能就是延缓神经元之间的神经传导,正是这延缓的短短几毫秒为我们对现实的领悟带来了秩序与和谐。

    21世纪,人类身处重大而急速的转变之中,我们中的大多数几乎都不能预料到或者完全了解这些转变。正是因为意识到这种转变的意义,我将本书的主旨放在进化、发展以及阅读脑的不同组织方式上。文字的演变和阅读脑的发展提供了一面具有重要意义的镜子,让作为一个种族的我们看清自己。人类是众多口语与文字文化的创造者,其中许多学习者个体的智能形式都是不同的,而且正在不断地延伸发展。
    在本书的最后一章,我将以阅读为镜子,回过头来检视之前提出的几个重大观点,然后踏上“超越文本”的探险之旅。在那个未知的领域里我想讨论这些信息对这一代以及下一代的儿童有何影响。最后,阅读脑中的哪些部分是我们在进入下一次大脑重整前,应该倾尽全力保存的?我想就这个问题提出一些反思。

    对阅读进化的反思

    我对阅读脑进化的总体反应就是惊讶。为什么一小套代币符号在相对较短的时间里竟然茁壮成长,演变出一套完全成熟的书写系统来?为什么单单一个文化性的发明在不到6000年的时间里,就改变了大脑内部的联结方式,以及我们这个物种智力的可能性?然而更让人惊讶的是:大脑竟然神奇到能超越本身,在这过程中同时增强其功能与我们的智力能力。
    阅读说明了大脑如何学习新技能并且增加自己的智能:在旧有结构之间重塑神经回路与联结;充分利用自己的能力促使区域专门化,尤其是在模式识别方面;而且阅读也解释了新的神经回路如何转为自动化,如何释放出更多皮质运作的时间与空间,供其他更为复杂的思考过程使用。也就是说,阅读展现出大脑组织中最基本的设计原则,是如何塑造我们持续进化的认知发展的。
    大脑的设计让阅读成为可能,而阅读的设计则以多层次的、关键的、持续演变的方式来影响并改变大脑。这样相互的动态关系在我们这个物种的文字系统中诞生,并且在儿童学习阅读的过程中大放异彩。学习阅读将我们这个物种从许多先前人类记忆的限制中释放出来。突然间我们的祖先可以接触到不需要一遍遍地反复传诵的知识,还可以大幅扩展这些知识。有了文字就不需要重复发明轮子,也就有可能发明更为复杂的东西,就像雷·克兹维尔为阅读障碍者发明的阅读机器。
    与此同时,瞬间可成的识字能力让个体阅读者不仅从记忆的限制中释放出来,也从时间中释放出来。通过逐渐自动化,识字能让个体阅读者减少一开始花在解码过程中的时间,将更多的认知时间和皮质空间用于已记录思想的深层分析。在两个半脑的长度和宽度之间,随处可见初级解码时期与完全自动化的理解型大脑之间的神经回路系统的发展差异。通过专门化与自动化,系统可以变得更为流畅,也就有更多的时间思考。这是阅读脑赐予我们的神奇礼物。
    没有什么发明可以让大脑准备得如此充分,让物种如此的先进。随着社会文化中读写能力的广泛普及,阅读的行为默默地邀请每位阅读者超越文本本身;如此一来,更进一步地推动个体阅读者与文化的智能发展。阅读的“传承性”来自于生物性,是靠智力获得的,这是时间赐予大脑的一份礼物,贵重程度难以衡量。
    这项观点的生物证据要从我们意识到今日的大脑结构和4万年前不识字的原始人之间几乎没有什么差异谈起。我们和苏美尔人、埃及人的大脑结构并没有什么不同,但是我们使用与连接这些结构的方式却创造出极大的区别,就像在象形文字与字母文字等不同文字系统的阅读比较中所见的。
    珀费提、谭力海与他们的研究团队进行了一项先驱性的研究,证明了每种文字系统,不论是古代的还是现代的,都使用许多类似的以及一些独特的结构性联结。在用来阅读埃及象形文字或汉字的大脑中的某些激活的区域,在阅读希腊文或英文这类字母文字的大脑中绝对不会被激活,反之亦然。这些逐渐适应的变异,正是大脑重塑自身以执行新功能的内在潜能的鲜明佐证。
    在文字系统诞生之初,发生改变的不仅只有大脑神经回路而已。正如古典主义者埃里克·哈夫洛克所主张的,希腊字母文字代表的是人类历史上一场心理与教学法的革命:写作过程释放出前所未有的能力,使大脑产生新思维。一些顶尖的认知神经科学家研究了各种文字系统中这种能力的神经基础,不只是字母文字,还包括所有综合性的书写系统。他们描述了学习阅读时,大脑基本运算的重塑如何成为新思维的神经基础。换而言之,大脑为了阅读而规划的新的神经回路,成了能够以不同的崭新的方式来思考的基础。

    阅读革命:阅读革命是同时基于神经元与文化的,始于第一个综合性文字系统的出现。它所增进的书写效率与释放出的记忆,有助于新思维的形成。

    因此,阅读革命是同时基于神经元与文化的,而且始于第一个综合性文字系统的出现,而不是第一套字母文字。它所增进的书写效率与释放出的记忆,有助于新思维的形成,神经系统也是如此建立阅读系统的。学会重塑自身结构来阅读的大脑,更容易产生新的想法;阅读与书写促进智力技能日益复杂化,这又增加了我们的智能储备库,而且会持续增加。关于上述讨论,我们必须反思这样一个问题:哪些技能是不会出现在口语文化中,而必须靠文字来提升的?在创造出最早的代币符号后,紧接着是第一套会计系统,伴随而来的是要获取更多更好的信息而提升的决策力。因此,很明显第一套已知的符号(除了洞穴里的壁画)是服务于经济的。
    最初的综合性文字系统,即苏美尔人的楔形文字与埃及人的象形文字将简单的会计转变成系统性的文献记载,引发出具有组织性的系统与编码从而加速了智能的重大提升。到了公元前2000年,阿卡德语的文献就开始对整个已知的世界进行分类,例如百科全书式的《关于宇宙万物》(AIThings Known in the Universe )、法律经典著作《汉谟拉比法典》,以及其他各种著名的医药文献。就连科学方法本身,都是源自于我们祖先日益成长的记载、编撰与分类的能力。
    在许多地方都可以找到语言意识增进的证据,开始于苏美尔人教导阅读的方式。他们在“泥板屋”所用的方法对于词汇不同特性的高度认知有一定的贡献:例如,词语间多重语义或意义间的关系;不同的语法功能;词语内部组成的结合性,可以用已有的词根与词素组成新的词语;以及方言间、语言间不同的发音。
    苏美尔的年轻人痛苦地将老师刻在泥板上的一列列文字复制到另一面。这一过程不仅对语言意识的渐进发展极有帮助,也对思考本身贡献良多。几个世纪以后,我们从阿卡德人的文献,如《吉尔伽美什史诗》《悲观主义的对话》,与其他许多保存下来的乌加里特文献中了解了这些成长中的小学生的感受、想法、尝试与喜悦,走入了他们的内心世界。这些古老著作正是超越时间的见证,见证着现在我们经常思考到的现代意识的出现。
    很少有学者比耶稣会文化史学家沃尔特·翁更鲜活地表现出读写能力对于古代世界的意识出现有何贡献。在他毕生对口语和读写能力关系的研究中,沃尔特·翁重新构建了阅读对人类独特贡献的问题,这可能有助于我们思考目前正转移到数字化交流模式的问题。20年前,沃尔特·翁就主张人类智能进化的真正争议点不在于一种文化模式所推动的交流技巧比另一种先进,而是人类在两者间转换的能力。沃尔特·翁曾写过一段很有先见之明的文字:

    人类生来就会的口语,和后天学会的书写技术间的相互作用触及心灵的深处。正是口头的文字以清晰的语言来阐明意识,首先区分出主语与谓语,然后探究其中的相关性,并且使社会中的每个人互相联系。书写引入了区分与异化,但是也带来更高度的统一。它加强自我意识并且巩固人与人之间越来越多的意识交流。书写是一种意识的提升。

    对沃尔特·翁来说,对人类意识的全新理解是口语和文字交会时真正的改变:阅读改变人类关于思维的思考。从《安娜·卡列尼娜》中列文的揭露,到《夏洛的网》中蜘蛛的预言,洞察他人想法的能力让我们加倍意识到他人的意识,以及我们自身的意识。我们研究他人想法过程的能力贯穿了三千多年,使我们得以内化我们从未设想过的整体人类意识,包括苏格拉底最伟大的口语传统。正是因为我们可以阅读柏拉图充满矛盾思想的作品,才得以了解苏格拉底的想法与他所关心的普遍本质。
    显然,在该说的都说了、能做的都做了之后,苏格拉底忧虑的其实并不是读写能力,而主要是知识本身。他真正担心的是年轻人未经指导,尚未有批判力,就能任意接触到信息,这恐怕会影响到知识本身。对苏格拉底而言,寻找真正的知识并不需要在信息上来回思考,而是要去寻找生命的本质与目的。这样的搜索需要投入一生,发展出高度的批判与分析技巧并且通过大量记忆的运用与长期的努力来内化个人知识。
    只有在这些条件都具备的情况下,苏格拉底才认为学生能够从和老师对话以探求知识的阶段,转到一条原则性道路上,指引着他的行动、美德最终到达“和他自己的神友爱相处”的阶段。苏格拉底认为知识是达到至高境界的力量;任何可能有危害性的东西——比方说读写能力,都应该被禁止。
    苏格拉底的顾虑,有部分可以通过仔细理解知识与读写能力之间密不可分的关系,以及它们对年轻人的发展的重要性来解决。有讽刺意味的是,今日的超文本与在线文本,在电脑环境的阅读中,提供了一种真正对话的维度当代学者约翰·麦克尼尼(John McEneaney)表示:“线上读写能力的动态作用,改变了读者与作者的传统角色,以及文本的权威性。”这样的阅读需要新的认知技巧,不论是苏格拉底还是现代的教育学者都没有完全了解。
    我们才处于分析电脑的使用对认知影响的初级阶段,比如使用浏览器的“后退”键、URL语法、“cookies”与“教学性标签”方式,是否能提升理解力与记忆力。这些工具对于使用者的智力发展绝对有影响,尤其是对不同区域有缺陷的使用者来说,应用学习科技可以直接有效地处理他们的问题。应用科技专家戴维·罗斯(David Ross)与他的团队强有力地证明了数字化文本可以给教师与学习者提供更多的选择:“外观、支持度、支持类型、回应方法、内容……所有与参与度有关的重点。”而我们学习者的参与程度和古代雅典学院的学习者一样重要。
    其实苏格拉底的这些顾虑还有更深层的意义。从伊甸园到全球互联网谁应该知道什么、何时知道,以及怎样知道,一直是个贯穿于整个人类历史的悬而未决的问题。在一个超过 10亿人可以上网,接触到自古以来最海量信息的时代,有必要将我们的分析能力利用在知识传输的社会责任上。苏格拉底针对雅典青年提出的学习问题,最终还是会用到我们身上。这些未经指导的信息是否会造成知识的幻觉,因此阻碍了我们通往知识的那条更艰深更耗时更关键的思考之路?搜索引擎上分秒可得的大量信息,是否会将我们从那些较为缓慢、需要深思熟虑的过程中完全地剥离出来,而无法深度理解复杂的观念、他人的内在思想过程,以及我们自己的意识?在本书的开头,我引用了科技专家爱德华·特纳提出的问题,他质疑新的信息科技会“威胁到创造它的智慧”。本书提出的种种问题并没有不切实际地企图阻止科技的传播,毋庸置疑的是,这改变了我们全体的生活,特纳在科技层面上的顾虑与苏格拉底十分类似,也与接下来针对阅读脑对物种与儿童智能的贡献的讨论雷同。因此,由此所衍生出来的问题是:若真以坐在电脑屏幕前紧盯不放的“数字原生代”正逐渐成形的技能,来取代阅读脑千百年来进化而来的技能,我们将会失去什么?
    文字的演变提供了一个认知的平台,让人类智能历史的前几章中最重要的技能得以浮出水面:文献记载、编撰、分类、组织、语言内化、对自我与他人的意识、对意识本身的意识。阅读本身并不是直接造成这所有技巧逐渐成熟的主因,而是来自阅读大脑设计核心的神秘礼物:思考的时间,这对所有技能的成长产生了前所未有的推动力。纵观整个“阅读的自然史”审视这些技能的发展,等于是以慢动作展示出自从6000年前读写能力出现后,我们这个物种走了多远,又将失去什么。

    对阅读自然史的反思

    过去每一位祖先的阅读脑都必须学会联结许多区域来阅读象征符号。现在每个儿童也必须做同样的事情。全球的年轻初级阅读者都必须学习如何将阅读所需的一切知觉、认知、语言与运动系统联结起来。反过来,这些系统又要利用大脑旧有的结构,适应专门化区域,强迫其开始服务,不断地练习,直到整个过程自动化为止。
    因为这一切都是在没有任何专门用于阅读的遗传基础上变化发生的因此在相对较短的时间内,需要明确的学习与教导。尽管我们的祖先花了将近2000年的时间才发展出一套字母符号,一般来说我们期待儿童花费2000天的时间(大约在他们六七岁时)就能破解这套密码,不然他们会与整套教育体制——老师、校长、家长与同学,发生冲突。如果没有按照社会约定的时刻表学会阅读,这些突然被剥夺权利的儿童将感觉自己和以前再也不一样了。他们会意识到自己是异类,而且没有人曾告诉他们,在进化上,这有可能是件好事。
    当明白年轻的脑袋学习阅读所需完成的神经层面上的高难度任务之后作为社会的一分子,我们可以从教导个别儿童开始。有些儿童在阅读的某些环节会比其他儿童需要更多的帮助。我们对这些越加了解,教育所有儿童的能力就越好。在这种观点下,放之四海而皆准的教学方法将不复存在我们对于阅读发展日益扩展的知识,可能有助于达成两项非常重要的目标了解阅读脑的广泛成就;改善下一代每个儿童学习阅读的条件。
    阅读臻至成熟的发育转变始于婴儿期,而不是学校。儿童听父母以及其他关爱者阅读的时间长短,一直是日后阅读表现的最佳指标之一。他们每天晚上听小象巴巴尔、蟾蜍与好奇猴乔治的故事,睡觉时对着天空说“月亮晚安”,儿童渐渐地会明白这些书本上的神秘符号会构成文字,文字会形成故事,故事会告诉我们宇宙的所有事情。
    他们的世界充满故事、文字与神奇的字母,是一个充满上千个词语概念与知觉的小宇宙,让年幼的大脑发展自己以准备开始阅读。幼儿参与对话的程度越深,他们学到的词语与概念也就越多。读给儿童的东西越多他们对书本语言的理解也就越多,而且这还会提升他们的词汇量,增加他们的语法知识,并且他们会留意到文字内很小但是很重要的字音单位。这些内隐知识,例如 hickory、dickory、dock中相似的语音,bear 的各种意义小猪韦伯的骇人想法,都会让年轻的大脑准备好,将视觉符号与它储存的所有知识联系起来。
    因此,阅读的发展其实有两部分。首先,理想的阅读获得方式基于语音、语义、语法、词法、语用、概念、社交、情感、发音与运动等系统基于这些令人惊讶的配套设施的发展,以及将这些系统整合、同步化以达到流畅理解的能力。其次,随着阅读的发展,其中的每项能力都会日益增强。知道“词语的组成”会让你阅读得更好;在阅读中学习一个词则让你更深入地了解它在知识连续统一体中的位置。
    大脑对阅读的贡献与阅读对大脑认知能力的贡献之间是一个动态的关系。儿童的语音系统会帮助他们发展单词内部的音位意识,这份意识又会帮助他们学习字母-发音的对应规则而这些规则会帮助他们更容易地学会阅读。然后,随着儿童阅读得越来越多,越能灵敏地调和文字内的语音方面,让阅读变得更加容易。

    大脑与阅读:阅读与大脑认知能力之间的相互作用是一个动态的关系。儿童的语音系统会帮助他们发展单词内部的音位意识,这份意识又会帮助他们学习字母-发音的对应规则,而这些规则会帮助他们更容易地学会阅读。

    同样的道理也适用于语义系统语义系统发展良好的儿童,会知道较多的字词意义,所以能够更为快速地解码已知的字词。这有助于他们词汇量的增加,更能巩固他们的口语词汇而这又让他们准备好阅读更为复杂的故事–这一切都会增加他们语法词法、与字词关系的知识。“富者越富,穷者越穷”的道理在这里也适用。这种发展与环境之间的动态关系形成了由“学习阅读”跳跃到真正阅读的基础,或者令孩子什么都学不会。
    阅读发展后期的流畅理解都是默默进行的,可以说是苏格拉底所担心的读写能力危害最大的时期,因为这会赋予阅读者自主权。这一阶段每个新阅读者都有时间预测、形成新的想法,超越文本,成为一个独立的学习者。脑成像研究确认了这一点,流畅的阅读脑会在推理、分析与批判性评价等理解过程中,激活两个半脑的额叶、顶叶与颞叶等新扩展出的皮质层。苏格拉底曾担心若是识字普及后,这样的智能技巧可能会丢失一部分。
    苏格拉底其他的顾虑在转变为“专家级阅读”的发展期间,似乎不是那么容易解决。首先,大多数的年轻阅读者真的完全学会使用他们的想象力了吗?真能独立思考、明辨是非吗?还是这些比较耗时的技能,逐渐地因为儿童现在能从电脑屏幕上接收看似无限的信息而衰退?年轻阅读者阅读电脑屏幕的时间与阅读书本的时间相比,高得不成比例,他们会发展出不一样的能力来认同《简·爱》和《杀死一只知更鸟》中的世界吗?
    数字化世界以非比寻常的方式将种种现实、他人的想法与其他文化的观点带给我们,我并不质疑这一事实。这些典型的年轻阅读者认为文本分析与寻找深层意义越来越落伍,因为他们过于习惯电脑屏幕信息的即时性与似乎概括一切的性质–一切都唾手可得,毫不费力,也无须再超越眼前所提供的信息。因此,我真的怀疑我们的孩子是否能在其中学到阅读过程的核心:超越文本。

    最近我读到《华尔街日报》上的一篇文章,标题是:“到底能低到什么程度?”主要是在探讨近年来 SAT成绩日益下滑的趋势。作者述最近 SAT测验中的变动,着重在阅读技巧而忽视词汇,这大大有利于分析技能高的学生,而不利于那些在辨析和估测文本潜在含义方面准备较差的学生。他观察到 40 年前的学生在这样的测验形式中,成绩可能比今日的学生要好,因为现今学生阅读的批判力似乎变弱了。这一点他怪到学校头上,而不是测验本身。

    忠言逆耳,因此很难传开。这篇论文的作者也许是对的。但是这样的衰退其实有很多原因:有些是社会的,有些是政治的,还有些是认知的。许多学生从小就接触这些比较不费力的互联网,可能还不懂得如何自己思考。他们的视野狭窄,仅仅局限在可以迅速容易地见到和听到的事物上,他们也没有什么动力去思考我们这个最新最复杂的“盒子”之外的事物。这些学生并不是文盲,但是他们可能永远无法成为真正的专家级阅读者。在他们阅读发展的这个阶段,当阅读的关键技能被引导、塑造、练习与磨炼时,他们可能从来就不需要挑战阅读脑完全发展的顶端:自己思考的时刻。
    每个和儿童教育有关的人——父母、老师、学者、政策决定者,都需要确保从出生到成年的阅读过程或者教学过程的每个环节,都已经理智慎重、明确地准备好了。从入学前词语组成里最小的语音到诠释艾略特在《小吉丁》( Little Gidding)中微妙的推论,这当中没有一种知识是理所当然就有。

    超越文本:沉浸在数字化资源中的我们不应丧失评估、分析、权衡轻重与挖掘信息背后意义的能力。我们不能放弃挑战阅读脑完全发展的顶端: 超越文本、用心思考。

    在儿童发展为流畅级阅读者之前他们处于格外脆弱的转型期,我们必须竭尽所能地确保沉浸在数字化资源中的他们不会丧失评估、分析、权衡轻重与明辨任何形式的信息背后所隐藏的意义的能力。我们必须在每个发展阶段,针对任何文本的需求,给予更明确仔细的指导,教导孩子成为“双文本”或“多文本”阅读者,使他们能够灵活地以不同的方法进行阅读与分析。如果想在我们的公民社会中推动阅读过程,使其完全成熟并达到专家级的阶段,应教导儿童挖掘出隐匿在文字中的无形世界,因此需要明确的指导,以及教师与学生之间的对话。
    在审视阅读者的发展过程中,我得到的主要结论充满警告。我担心大多数的儿童正处于苏格拉底警告我们要提防的危险之中——一个信息解码者的社会,他们自认为知道一切的错觉,阻碍了他们智力潜能的深层发展如果我们好好教导他们,结果可能就不会这样,这一点同样适用于我们的阅读障碍儿童。

    对阅读障碍的反思:跳出定式思维

    在一本致力于介绍阅读脑的书中,我原本可以轻松地跳过造成不适合阅读的大脑的原因。但是,游不快的乌贼身上有许多地方教会了我们怎样去弥补这个缺陷。确实,这并不是一个很好的类比,因为乌贼的游泳能力是遗传的,游不快的乌贼通常都死得很快。但是,如果游不快的乌贼不仅没有死,还占了整个乌贼数量的5%~10%,那就值得我们问一下:它们究竟做了什么,为什么能在失去游泳能力的情况下,取得这样的成功。阅读不是遗传而来,学不会阅读的儿童也不会死。更重要的是,和阅读障碍有关的基因非常坚强地保留了下来。
    阅读障碍者中的天才人物名单–如罗丹和施瓦布,或许可以解释部分原因。另一个原因则与人类的多样性有关。正如格施温德经常强调的那样,人类的遗传多样性所带来的优势与缺陷使得我们形成了一个能满足各种需求的社会。阅读障碍,看似没有规律的遗传问题和文化弱势,显示了人类的多样性,而这种多样性给人类文化带来了众多贡献。毕加索的《格尔尼卡》、罗丹的《沉思者》、高迪的《米拉公寓》(La Pedrera)和达·芬奇的《最后的晚餐》,就像其他书写文本一样,都是我们智力进化的真实而具体的代表作。它们的创造者极有可能是阅读障碍者,而这并不是巧合。
    阅读障碍的真正悲剧是没有人告诉孩子这一切,他们多年来因为学不会阅读而遭受公开羞辱,尽管他们具有一切的智力,尽管他们这种类型的智力对整个物种都有关键的重要性。而且,也没有人告诉他们的同伴这件事情。认识到这点并不能减少每个阅读障碍儿童学习中所面对的困难。不过这使我们的这些儿童知道,他们对我们有多么重要,这也是为什么我们要找到更好的方法来教导这些组织结构不同的大脑学会阅读的原因。

    神经科学最有前景的一个应用与此有关。我们对阅读脑和阅读障碍大脑的发展认识得越多,就越能在治疗计划中锁定目标,更好地专注于一些儿童脑部不再发展的特殊部位或联结。阅读障碍的治疗和典型的阅读发展一样,需要明确处理阅读的每个组成系统,直到建立起一定水平的自动化和理解能力。对于天生处理文字过程效率低下的大脑来说,这是一些极为艰难和费力的任务,但这正说明了大脑在阅读上的不同适应性。
    为了社会的最高利益,有必要保护阅读障碍儿童潜在的贡献。正如哈佛学者基尔·诺姆(Gil Noam)在他的研究中所描述的那样,必须帮助他们渡过难关,强化他们的抗压能力,好让他们在准备好的时候发明出人类的下一个电灯泡。我不想过多强调忽视阅读障碍而造成的浪费和许多其他的学习困难。在这个有些人学会了阅读、有些人持续创造神奇的事物、有些人以异于常人的方式来思考的大型故事里,那是一个令人悲伤的章节。幸运的是,阅读脑和阅读障碍脑的故事,是一则孪生的传说,浮现在人类大家庭的宏大传说中。
    理解遗传多样性如何驱使我们的智力和技能产生差异,在转型到不久的将来的这段时间里显得格外重要。本书跟柏拉图的矛盾心态几乎类似同样也是从正反对立的两个观点来切入:一方面扮演着称赞阅读脑对我们智力库有贡献的辩护人角色;另一方面以一个警惕的观察者观看科技的变化将如何帮助重塑下一代的大脑。今天的人类不需要当二进制的思考者未来的世代子孙当然也不需要。正如一句流传在维也纳的名言所说:“如果你面前出现了两个选择,通常还会有第三个。”

    未来师生之间的知识传递不应是在书本与屏幕、报纸与网络新闻,或是印刷品和其他媒体之间进行选择。转型期的我们遇上一个很好的机会如果我们抓住了这个机会,暂停一下,运用我们最可贵的反思能力,使用我们能支配的所有东西,便能准备好迎接下一个即将成形的事物。分析推理、拓展视野,阅读脑具备一切打造人类意识的能力,和敏捷、多功能多模块、整合信息的数字化思维也并非相互排斥。现在有许多儿童学习两种或两种以上的口语,我们也可以教导他们,在不同的文字表现形式与分析模式间进行转换。也许,就像那个值得铭记的画面——公元前600年的苏美尔人,耐心地在阿卡德铭文旁雕刻上转译出来的楔形文字,我们也有能力保存两个系统,同时明白为何这两者都非常珍贵。
    总之,阅读发展的自然史呈现出达到阅读最高深层次的故事,表达出极大的希望,又充满着警示。它是一个宏大的、有时激烈但多半谦卑的故事。它开始于数千年前,那时某些具有胆识与神经适应性的祖先将他们的债务与经营情况记录在泥板与纸草卷上,因此我们才得知有这些文化的存在。
    同样有勇气的苏格拉底提出一个观点,他担心文字只是披着“真理的外衣”,它们看似永久的特质,会导致人们因此停止寻找真正的知识,而我们都明白丧失这一点意味着人类美德的死亡。苏格拉底从未明白阅读的核心机密:它所释放给大脑的时间,让大脑的思考一次比一次深入。普鲁斯特知道这个秘密,我们也知道。阅读脑最伟大的成就是这份神奇的、看不见的礼物:超越时间去思考。这些在脑内几毫秒建成的结构,形成了我们能力的基础,让我们得以增进知识,思考美德,清晰地表达过去无法表达出的——当这些思想被表达后,又建立了下一个供我们向下深入探索或向上翱翔攀升的平台。

    致读者:最后的思考

    一本关于人类这一物种如何跳出并超越文本的书,不应该有最后的结局。亲爱的读者们,这结局完全取决于你们……

  • 袁伟时:“中国魔鬼”的表现

    在历史研究上,太平天国是一个很热的课题。最近二十年来,史学界一直有两种观点,一种是五十年来坚持不变的,基本上全盘肯定太平天国,是肯定派,是目前学术界的主流,多数学者是这样看法。但是,也有相当一部分学者对这一派观点不以为然。大陆史学界的主流,一直坚持研究中国近代史必须以“三大革命(太平天国、义和团和辛亥革命)”为纲。辛亥革命把清王朝推翻,尽管作用不大,成就甚少,多数人还是是肯定的。义和团,现在越来越少人对它感兴趣。排外,太愚蠢了!争论比较多的,是太平天国。
    对太平天国怎么看?我想,要是认真研究有关材料的话,会对太平天国提出许多疑问。首先,带根本性的推陈出新,才称得上革命。我实在找不到太平天国有什么革命气息。
    其次,从后果来看,我认为是很坏的。从1851年到1865年,经过十四年的战乱,全国减少了一亿一千二百万人,也就是说中国的人口减少了四分之一。这是上海复旦大学葛剑雄教授研究出来的一个成果。这不能光怪太平天国,清王朝也有责任,两边互相屠杀;太平军内部还自相残杀。1856年,洪秀全策划了天京事变,9月2日东王杨秀清及其”统下亲戚属员文武大小男妇尽行杀净”;9月20日开始,又进行惨绝人寰的大屠杀,有两万多将士死于屠刀之下;11月2日,杀杨秀清的韦昌辉和所有姓韦的也全都被杀。直杀得元气大伤。
    再次,这个时期正是中国最需要安定的环境去进行改革、发展经济的时候,却发生了十几年的战乱。主战场是经济最发达的江浙和长江流域。左宗棠在行军中看到”浙中光景已是草昧以前世界(《致李鸿章》同治二年四月初十)“。1875年,战争结束12年了,郭嵩焘仍向皇帝报告:”江浙财赋之邦,经乱已十余年,而土田之开垦无多,或七八成,或仅及五六成。皖南积尸填塞山谷,至今未尽收掩,田卒污莱不能辟,人民离散不能归。(郭嵩焘:《条议海防事宜》)”破坏如此之大,恢复艰难,改革更谈不上。

    洪秀全并不是向西方学习的先进的中国人。他信基督教,如果仅作为个人的一种信仰或精神寄托,那就同任何正常的宗教信仰一样,是应该尊重的个人选择。可是,洪秀全对基督教本身没有做过认真的研究,没有领会它的精华,学了点皮毛,便将这个皮毛跟中国传统的民间迷信以及落后的中世纪思想结合起来,改变为非驴非马的一个宗教。最近,有人撰文指出洪秀全、太平军那一套有邪教的味道;我认为不无道理。认真看一看洪秀全现存的十几万字的文章和歌谣,整体上我看不出有什么先进。
    (洪秀全对西方的自由、民主、科学以及人权观念、政治制度理念是否有过接受和移植)
    一点也没有注意到,而且对这些观念是坚决排斥的。他的《天父诗》说得清清楚楚;只有人错无天错,只有臣错无主错”。妇女”硬颈不听教”,”起眼看丈夫”,”讲话极大声”,”有喙不应声”,”面情不欢喜”,”眼左望右望”都”该打”!(104、39页,广东人民出版社)中世纪“三纲”那一套,完全保留下来。
    洪秀全确实在《资政新编》上加了好些”此策是也”的批语,表明他最少在表面上有接受这类思想的雅量。这应该肯定。
    但不是说要听其言,观其行吗?他光说不练。实际上,太平天国真正实行的,是跟《资政新篇》完全相反的东西。洪秀全自己制定的“天朝田亩制度”是一个反动纲领,在政治上和经济上都逆历史潮流而动。经济上它主张绝对平均主义,个人不能有任何私有财产,收入完全要归入”圣库”;一无可取。政治制度层面,它要实行完全军事化的中世纪专制主义。在底层,老百姓的劳动、经济收入、教育、思想信仰及其他日常生活和种种纠纷,一律听从官员的严格监管、专断和安排。清政府的官员很少,帝力不及之处,人民仍有较大活动空间。按太平天国那一套,把人紧紧箍住,可不得了。发点牢骚,被人听到打小报告,立即斩首的记录屡见不鲜。至于中上层的政治建构,名字上有点古怪,实质与历代专制王朝没什么差别。这些都是很荒唐的东西。

    洪秀全个人文化程度很低,知识面很窄。他宣扬自己上天见到上帝,到了天上,人家用轿子抬他,”两旁无数娇娥美女迎接,主目不邪视”,上帝教他”两脚要八字排开”!这些胡说八道表明一个农村青年的最大想像力,不过如此。他文化程度不高,秀才考不上,作为一个有野心的人另找出路,但又没有什么才能,所以他的思维跟历代的那些草莽英雄没有什么大的差别。另外,他心胸特别狭窄,很多疑,那些跟他一块起事的人,一个一个被他消灭。
    假如他真有一点历史上那些开国君主的气魄,太平天国或许不会有那么悲惨的结局。历代草莽英雄,有一些人胸怀宽广,讲义气,很有气魄。比如刘邦,后来也屠杀功臣,但在造反的时候,还是能够团结各种各样的人物。洪秀全远远还没有达到成功的境地,就已经开始屠杀功臣了。前期的太平军,全部工作是杨秀清在主持。杨是很能干的人,但有野心,洪秀全妒忌他,结果引发了天京互相残杀的悲剧。屠杀功臣,洪秀全的罪恶是非常大的,整个太平军的事业都断送在他手上了。

    对于太平天国史料的整理,我认为罗尔纲功不可没,他和简又文的开创性工作,对历史研究是一大贡献。至于怎么评价历史事件,是另外一个问题。罗尔纲对太平天国几乎全盘肯定,我觉得是有点走火入魔了。他把洪秀全作为一个革命领袖加以吹捧,是与四九年以后当时很多知识分子一样,力图用马克思主义的观点去考虑问题。但是,不少号称马克思信徒的人,往往没有认真去读马克思的书,片面地认为凡是革命、凡是农民战争就应该肯定。当然,对一个老历史学家,不应苛求。
    辛亥革命前后,有一种思潮,认为对反清反满的社会运动,都应该肯定。孙中山在辛亥革命之前,就请人写太平天国史。这是民族方面的考虑,是汉人反满。另一方面,也从革命这个角度来考虑,两个方面都有。而到了四九年以后,就更厉害了。反满的一面,不强调了,但是革命的一面,阶级的一面,份量大大加重了。

    如果把学术研究意识形态化以后,在研究时只要找到一两句话,再尽量夸大,得出的结论往往很可笑。比如,洪秀全说「天地之间人为贵」。有人便说洪秀全有人的解放的启蒙思想。其实,洪秀全的「人为贵」,是与「三纲」结合在一起的,根本不是从人的解放的角度来谈人。何况这种思想儒家早就有了:”天地之性,人为贵”,这是《孝经·圣治道第九》中的话。
    洪秀全是一个基本上应该否定的人物。但是,他是不是有几句话说得对的?这个可以慢慢想,慢慢考虑。而在基本方面,这个人是没有什么可以肯定的东西。在洪秀全身上,找不到什么可以作为后人典范的东西。无论政治理想,还是道德人格,都一无可取。有人还写什么论洪秀全哲学思想之类的文章。一个既愚昧又野心勃勃的乡下八股佬,哪里有什么哲学思想?屎里觅道!

    马克思开始时对太平天国是有所肯定的,但是后来,当他了解更多情况后,他把太平天国形容为东中国魔鬼的表现,是一种很腐朽很反动的一种势力。
    不妨看看我五年前写的文章中的一段话:”马克思学派对太平天国的否定,最早和最彻底的来自马克思本人。这场战争的初期,马克思曾满腔热情地赞颂太平天国。他说:’可以大胆预言,中国革命将把火星抛到现代工业体系的即将爆炸的地雷上……直接随之而来的将是欧洲大陆的政治革命。’(《中国革命和欧洲革命》1853年)
    可是,随着时间推移,他极其悲愤地作出新的论断:“除了改朝换代以外,他们没有给自己提出任何任务。……他们给予民众的惊惶比给予老统治者们的惊惶还要厉害。他们的全部使命,好像仅仅是用丑恶万状的破坏来与停滞腐朽对立,这种破坏没有一点建设工作的苗头。”显然,太平军就是中国人的幻想所描绘的那个魔鬼的in Persona(化身)。但是,只有在中国才能有这类魔鬼。这类魔鬼是停滞的社会生活的产物。”(《中国记事》1862年) 也就是说,在马老大爷看来,清廷与太平天国不过是腐朽与丑恶的对立,两者并无本质的区别;他原认为是”革命”的太平天国之战,不过是屡见不鲜的改朝换代的新尝试;这种局面是当时中国社会生活停滞,未有新的社会生产力和新的社会力量的必然产物。”(《曾国藩·马克思·毛泽东》,收入拙著《路标与灵魂的拷问》广东人民出版社)马克思的这种说法是有根据的,因为到后期,太平天国的所作所为,已经清楚显示跟清帝国是没有什么差别了。实行专制主义。一般老百姓,不论男女,不可以正常结合,但是洪秀全以及他身边那些文武官员却可以拥有几十个乃至更多女人。在太平天国的制度下,是按地位高低来分配老婆数目的。洪秀全到后来根本不理朝政,荒淫无度,中国历史上最昏庸的皇帝也不过如此而已!

    (太平天国运动至今已经一百五十多年了,这一段历史可以让我们反思一些什么?)
    最基本的一点,是中国人要承认自己落后了。对世界文明的所有成就,特别是世界文明主流的那些成就,应该好好研究,好好吸收,不要总是「走偏门」。「走偏门」就非常麻烦了。中国人因为「走偏门」吃了大亏。另外,不要简单地以革命或不革命来划分是非。我们面临的是社会的全面进步,要把整个社会从中世纪改变为现代社会,这是历史的任务。
    革命的也好,不革命的也好,都要很客观地研究它。哪些对中国现代化有利的,就应该肯定;不利现代化的,就应该否定。至于是不是革命,也应该认真分析具体情况,不要好象拿起刀枪就是革命,那是不行的。到现在,还有人说中国近代史要以「三大革命」为纲,我不知道他们是怎么想的?义和团叫革命?根本不是嘛,排外,见到洋鬼子就杀,甚至中国人学一点外国的东西,进过洋学堂,都杀。铁路拆掉,电线剪掉,那个叫革命吗?我怎么也想不通。

    本文系约2009年的一次访谈,略有删节;文章观点仅供学术讨论。

  • 陈剑:主权与人权

    20世纪国际法的最大成就之一,就是主权国家成为一种世界性现象。主权国家,不再是昔日所谓欧美基督教文明国家独占的特权标志,而是当今世界上大约200个国家通用的普通身份。

    囿于历史文化等方面的原因,我国公民对主权这一国际法概念的理解存在一定程度的偏差,已经不适应于当代世界发展的局势和中国在国际社会中所处的地位和作用。因此,当代中国公民理应自觉树立新的主权观,提高作为大国公民的国际意识,以迎接新世纪的国际法和中国梦。

    目前,不独中国公民,其他国家的公民,甚至包括部分国际法学者在内,主要持有三种与时代不相适应的主权观,它们分别是绝对主权观、相对主权观和主权虚无观,阻碍了顺应时代的国际法观念深入人心。

    一、绝对主权观

    代表人物是英国的霍布斯、法国的卢梭和德国的黑格尔,主要观点是:主权不受任何约束,具有超越一切的权力,甚至有包括超越宗教的权力。主权不仅是不可转让和不可分割的,而且是完全绝对和神圣不可侵犯的。黑格尔甚至认为:主权国家至高无上,不从属于任何法律;国家间的契约是无效的,因为主权不能因条约而取消。检验主权的是战争,战争是必要的,甚至可以视为有益的。在黑格尔看来,主权是巩固国内统治和进行对外争夺的武器。

    必须指出,绝对主权观是错误的,在实践上也极其有害。主张绝对主权观的思想家,多是从国内视角来抽象地理解国家主权这一概念的,并没有考虑其主权学说是否适合于“平行式的”国际社会的现实问题。当这种政治学意义上的主权概念移入国际法学时,就与国际法学的基本原则和理论发生激烈冲突。一方面,在物质基础上,它与相互依赖和列国并存的国际社会事实相违背;另一方面,在理论上,它与建立在对等权利与义务基础上的国际法制度不相容。事实上,这种主权观根本否定了国际社会及国际法的存在。

    由于历史原因,以冲突对抗为主旋律的冷战思维在当今中国仍具有一定的市场,“非我族类,其心必异”的国际关系观在一段历史时期内恐怕仍会存在,这必然导致无视国际社会规则、违反国际法的观点和行为的存在,这是极其违反时代潮流的。当今社会,和平与发展是世界的两大主题,中国作为联合国常任理事国、世界第二大经济体,是当之无愧的多极化世界的重要一极,在享受国际化带来的巨大利益的同时,也肩负着遵守国际法规则、构建和谐的国际新秩序的重大使命,冲突与对抗为主的冷战思维将严重阻碍中国的国际化进程,严重影响新世纪中国的和平崛起和中华民族的伟大复兴。

    二、相对主权观

    这一观点奠基人是德国法学家普芬道夫。他的观点是,主权是一个国家内的最高权力,但不是绝对的权力,即便在一国境内,主权受宪法限制也是可能的。后来,其追随者进一步认为,主权是可分的,国家可以是相对的、非完全的主权国家。那些在国内外事务中的某些方面或多或少地依赖他国的国家,是相对的、非完全的主权国家;那些享有国内外无限独立权的国家是绝对的、完全的主权国家。甚至有人认为,国家的正统性或合法性取决于他国承认。二战后,相对主权观者认为,国家主权必须受到国际法的制约,不是一个无节制的、不负责任的强权;而且只有通过国际法,国家主权的行使才能实现维护国家独立和国际社会秩序的目的。

    应该说,经过300多年的历史变化,特别是本世纪以来国际情形的变化,这种相对主权观能够较好的反映国际法的理论和实践,也是国际社会现实的客观反映。但是,“相对”二字易引起误读。有些国际法学者主张主权相对论或可分论,把国家行为划分为主权行为和非主权行为,并采取不同的政策和适用不同的法律,这需要具体分析。过分强调“相对”二字,则会被强国用来为侵害他国主权,谋取私利,把自己本国的主权扩大到他国进行辩护。主权具有相对性的一面,在国际上确实如此,但国家主权只受国际法的约束,而不受他国国内法的约束。任何通过国内立法,以有限主权或相对主权为借口来干涉别国内政,损害别国主权的行为,都是违反国际法的。

    三、主权虚无观

    二战结束以来,随着各种国际组织在国际舞台大行其道,主权概念受到质疑。一种观点认为“主权”一词未能正确地指出其归属所在,具有“反民主”的含义。他们不仅对主权提出各种批评,还试图给主权以新的定义,有的甚至否定主权的存在。主权虚无观者认为,造成国际社会无政府状态和国际法无法法规作用的根源就在于国家主权概念。因此,国家主权概念应当摒弃。

    绝对主权观和主权虚无观,在国际关系中都是有害的,不利于维护国际环境的稳定和持续发展。相对主权观,则需要分清“相对”含义,需要具体情况具体分析。

    与相对主权观相联系的,是对“人权高于主权”观点的认识。不能否认“人权高于主权”在一定意义上是成立的。对此,需要通过案例进行分析。

    案例:卢旺达大屠杀

    卢旺达种族大屠杀(英文:Rwandan Genocide)又称卢旺达内战,发生于1994年4月7日至1994年6月中旬,是胡图族对图西族及胡图族温和派有组织的种族灭绝大屠杀,共造成80-100万人死亡。大屠杀得到了卢旺达政府、军队、官员和大量当地媒体的支持。除了军队,对大屠杀负主要责任的还有两个胡图族民兵组织:Interahamwe和Impuzamugambi,同时大量的胡图族平民也参与了大屠杀。当时美国和欧美其它国家准备及时派兵干预,但俄罗斯等国反对。以所谓“不干涉他国内政”为由,在联合国强力阻挠美国的行为,致使该项人权救助行动在联合国流产。

    卢旺达大屠杀铁证被公布后,举世震惊。正是这一场人类社会前所未有的惨烈大屠杀,国际社会彻底改变了一些国家长期坚持的“主权高于人权”的说法。联合国,包括美国在内,因为没有及时制止这场大屠杀,遭到了国际社会最强烈的批评。因没有及时出兵干预,美国总统克林顿自己对卢旺达100多万人的死亡负有道义上的责任,曾多次向死去的无辜平民表达忏悔和流泪。

    卢旺达大屠杀是一种疯狂灭绝行为,对大屠杀不及时制止而袖手旁观是人类社会的耻辱,而以“不干涉主权”为借口阻止对大屠杀中众多受难无辜平民的救助,则变相成为参与屠杀的那些刽子手的帮凶。面对上百万无辜平民的惨死,任何国家、任何组织都不能只谈“主权”而忽视人权。

    卢旺达大屠杀后,俄罗斯等国面对如此野蛮的大屠杀哑口无言,在国际上基本上不再提“主权高于人权”了。自此, “人权高于主权”的认识被国际社会广泛认可。

    1994年联合国在坦桑尼亚的阿鲁沙成立卢旺达问题国际刑事法庭,审判高级政府官员或军人。卢旺达政府则负责审判较低层级的领导人或平民。

    联合国大会于2003年12月23日宣布将每年的4月7日定为“反思卢旺达大屠杀国际日”。

    2004年3月26日,联合国秘书长科菲·安南在纽约联合国总部举行的“卢旺达大屠杀10周年纪念会”上发表讲话,呼吁国际社会采取行动,防止卢旺达大屠杀事件重演。同年4月7日,卢旺达举行卢旺达大屠杀10周年的全国性纪念活动,以哀悼大屠杀遇难者。

    2014年4月7日是卢旺达种族大屠杀20周年纪念日。卢旺达政府组织主题为“纪念-团结-重生”的反思活动。联合国秘书长潘基文在点燃象征记忆和卢旺达人民坚韧的纪念之火后说,“发生在卢旺达的种族大屠杀是人类历史最黑暗的篇章”。

    四、主权作为国家的管理权力,严格受到人权约束

    应当认识到,在国际法上完全否认主权的观念是错误的。主权在国际关系中的一个重要内容,是指国家自主管理权,本意是这个国家的事务由这个国家的人民作主,不容他人干预。从一般的意义上说,这一原则符合人权理念。在非民主的国家中,国家管理是统治者的权力,怎么样管理是我的地盘我作主,不容他人干预。从一般的意义上说,我的地盘我作主,国家内部管理者和一国人民的事,别人似乎也不好说三道四。唯一的限制是,国家权力或可决定所有的国内事务,唯独侵害人权的事谁都不可以决定,不论这个决定是统治者的决定还是民主的决定。凡是侵害人权的决定和规则,行为和思想,所有的人,不论是这国人还是那国人,这国政府还是那国政府,都有谴责的权利,都有制止的义务。诚如联合国秘书长科菲·安南在2004年3月26日的“卢旺达大屠杀10周年纪念会”大会上所说,“今天再读联合国宪章,我们比以前更加意识到,其目的是保护个体的人类,而不是保护践踏他们的主权国家”,因此,联合国宪章关于主权不可侵犯的前提,是这种主权必须为保护本国的人权服务,当主权成为统治者破坏和践踏人权的工具时,联合国宪章对主权的保障便不再有效。安南还有针对性地对某些国家不点名地指出“从今以后,任何一个国家和政府,都无权躲在国家主权后面侵犯人权”。

    主权作为国家的管理权力,严格受到人权约束。所谓的自主管理,不干涉内政等,是指与人权关系不大的其它事务或体制。比如经济发展方式,文化教育方式,比如是君主立宪的体制,还是民主共和的体制。一旦涉及人权,就不是国之事务,而是人之事务。你要打人杀人,基于道义岂能不管?又岂能因其管而指其“干涉内政”?正是从这个意义上分析,“人权高于主权”的理念,反映了国际社会对人权认识的进步。

    事实上,一国的主权是动态和发展的而不是绝对永恒不变和静止的,并伴随着社会的发展而不断丰富和发展。一国主权的最本质属性,用今天的视野分析,就是它对领土上一切人的权利保障,并提供人权实现的条件,以及不从属于任何其他权力、在属地方面具有最高统治权和独立权。主权是国家的固有权利,未经主权国家主动同意,不可转让其任何权利。现代国际关系中相互依存、相互联系和国家间既斗争又合作的特点要求现代国际法上的主权,必须是有节制的,而决不能是不负责任的、体现弱肉强食法则的霸权。

    如果说20世纪的国际法是以民族自决权与国家独立为主旋律被载入史册,那么,21世纪的国际法将以各国与各民族的平等主权与竞争合作为基调谱写国际法的新乐章,为人权最终成为国际法与国内法的共同基础创造条件,推动国际社会的法治化进程。

  • 韩毅:宋朝周边政权朝贡贸易输入的名贵药物及其医学应用探析

    “朝贡”是中国古代一种特殊的贸易形式。周边政权或海外国家的使者、商人,将产于本国或国外的物品以“朝贡”名义运送到中央王朝,换取自己所需的货物。相应地,中央王朝一般也会回赐丰厚的钱物。两宋时期,生活在周边区域的甘州回鹘、龟兹回鹘、高昌回鹘、于阗李氏王朝、沙州归义军、交趾、占城、凉州吐蕃、青唐吐蕃、西夏、大理、辽朝、金朝、高丽等政权,大多为汉唐时期中原王朝辖地,与宋王朝保持着密切的联系和贸易往来。周边地区出产的药材和来自海外的乳香、安息香、龙涎香、苏合香、艾纳香、丁香、没药、红花、荜拨、胡椒、血竭、荜澄茄、肉豆蔻、白豆蔻、延胡索、胡黄连、犀角、高丽人参等珍稀药物,通过朝贡贸易的形式传入宋朝境内。大量异域之人来华和海外香药的输入,引起宋人对域外药物的重视和关注,如象牙、乳香、真珠、犀角等被誉为“宝货之物”。这些名贵药物,一方面给宋朝政府带来巨额的财赋利润,另一方面经官府医学机构和广大医家的验证并确定其性味、主治和功效后,被收入官修医学本草、方书和民间医书之中,从而扩大了药物的品种,成为中药学、方剂学的重要来源和组成部分,被广泛应用于临床疾病诊疗。

    学界关于宋朝域外药物的研究,主要集中在海外药物的传入方面,如王棣、韩毅、吴孟华等撰文介绍了宋朝与海外诸国的药物交流情况。有关宋朝周边政权朝贡贸易输入的名贵药物及其医学应用的研究,目前尚显薄弱,仍有进一步深入研究的必要。本文重点探究宋朝周边政权朝贡贸易输入的名贵药物,宋朝官修医学本草、方书和民间医书对域外药物的收载与使用情况,进而揭示两宋时期医学交流的频繁和中医药所具有的开放性、包容性和创新性。

    一、宋初东南地区清源军、吴越国进贡的药物

    宋太祖建隆元年(960年),宋朝建立,随即发动了统一全国的战争。东南地区的清源军和吴越国,建立于五代十国时期,由于归顺宋朝时间相对较晚,所以向宋王朝进贡了大量的南方土产和海外药物。宋太宗太平兴国年间,泉漳纳土,吴越归地,宋王朝实现了东南地区的统一,原先的“朝贡”始变为地方州县的“土贡”。

    (一)清源军

    清源军节度使所辖泉州、漳州,建立于南唐保大三年(945年),由泉州人留从效、陈洪进任节度使,又称清源军、平海军。太平兴国三年(978年)四月,清源军节度使陈洪进被迫纳土降宋,献出泉、漳二州及其所辖14县,重归于中央王朝统治之下。宋初,清源军向朝廷进贡名贵药材甚多,其中绝大部分来自海外诸国。

    宋太祖建隆元年十二月二十三日,泉州清源军节度使留从效遣其别驾黄禹锡奉表称藩,贡“龙脑香数十斤”。建隆四年(963年)冬,清源军“又贡白金万两,乳香、茶药万斤”。乾德元年(963年)十二月己亥,泉州陈洪进遣使贡“白金千两,乳香、茶药皆万计”。开宝九年(976年)七月十三日,泉州节度使陈洪进遣其子漳州刺史陈文颢“奉表乞朝觐,贡瓶香万斤、象牙二千斤、白龙脑五斤”。

    宋太宗太平兴国二年(977年)四月,陈洪进“进银千两、香二千斤、干姜万斤、葛万匹、生黄茶万斤、龙脑、蜡面茶等”。同年八月五日,陈洪进以贺宋太宗登极为由,再次向朝廷进贡大批药材。《宋会要辑稿》蕃夷七之七记载甚详:

    又进贺登极香万斤、牙二千斤,又乳香三万斤、牙五千斤、犀二十株共重四十斤、苏木五万斤、白檀香万斤、白龙脑十斤、木香千斤、石膏脂九百斤、阿魏二百斤、麒麟竭二百斤、没药二百斤、胡椒五百斤。又进贺纳后银千两、绫千匹,又谢赐都亭驿安下乳香千斤,谢追封祖考及男已下加恩乳香万三千斤。又进通犀带一、金匣百两,白龙脑十斤、金合五十两,通牯犀一株、金合百两,牯犀四株、金合二百两,真珠五斤,玳瑁五斤,水晶棋子五副、金合六十两,乳香万斤。

    从陈洪进的贡礼名单中可知,此次贡品中产于海外的名贵药物占据了绝大多数,其中香1万斤、乳香5.4万斤、象牙7000斤、犀角20株共重40斤、苏木5万斤、白檀香1万斤、白龙脑20斤、木香1000斤、石膏脂900斤、阿魏200斤、麒麟竭200斤、没药200斤、胡椒500斤、珍珠5斤、玳瑁5斤。

    太平兴国二年九月六日,陈洪进又贡“助宴银五千两、乳香万斤、泉州土产葛二万匹、干姜二万斤、金银器皿二千二百两、绫二千匹”。九月十三日,陈洪进“进银万两、钱万贯、绢万匹,谢恩乳香二万斤、牙二千斤”。十一月,陈洪进贡“贺开乐乳香五千斤、象牙千斤”。

    从清源军所辖泉州、漳州两地进贡的药材种类来看,包括龙脑香、乳香、茶药、白龙脑、干姜、象牙、白檀香、木香、石膏脂、阿魏、麒麟竭、没药、胡椒、珍珠、玳瑁等,大多为海外名贵药材,且进贡数量惊人,少者数斤,多者万斤。

    (二)吴越国

    吴越国是唐末钱镠于开平元年(907年)建于杭州的一个地方政权,共历五位君主,立国72年。太平兴国三年五月“纳土归宋”,重归于中央王朝统治之下。宋初,吴越国多次向朝廷进贡物品,其中名贵药物占据了绝大多数。

    宋太祖建隆四年十月十九日,吴越王钱俶遣使“贡银一万两,犀、牙各十株,香药一十五万斤,供奉金银、真珠、玳瑁器数百事,助南郊”。开宝九年二月二十二日,钱俶与其子镇海、镇东军节度使钱惟濬、其孙平江军节度使钱承祐等来觐见宋太祖,进贡“乳香二万斤”,“茶八万五千斤、犀牙二百株、香药三万斤”。同年三月四日,钱俶辞别宋太祖返回吴越,宋太祖宴于讲武殿,赐袭衣、玉带、锦绮等大量财物,钱俶又进贡“药物一金合重四百五十两,香药二十银合重四千两,白乳茶三百斤,白乳香千斤”。开宝九年六月四日,明州节度使钱惟治进“白龙脑十斤金合重二百两”,钱俶又进“加恩乳香万斤”。

    宋太宗太平兴国二年正月八日,吴越王钱俶进贺宋太宗登极,贡品中药物有龙脑、檀香、龙床、银果子、水精花等,又有“干姜五万斤、大茶万斤、犀十株、牙二十株、乳香五十斤、杂香药五千斤”。闰七月,钱俶子钱惟濬进“木香五百两,荔枝十瓶”。十月十七日,钱俶进贡“犀二十株、牙千五百斤、乳香五千斤、苏木三万斤、大茶三百笼、干姜十万斤”,谢赐生辰贡“乳香三千斤”,其子钱惟濬“进谢赐生辰银五千两、牯犀二株、牙七百斤、乳香三千斤”;为贺宋太宗生日“乾明节”,钱俶进贡“乳香三千斤”,“干姜五万斤、大茶万斤、脑源茶二万斤,并器用香药等”。十二月二十八日,钱俶进贡“瓶香二万五千六百斤,白龙脑三十一斤,象牙八十六株,药犀十株,木香、阿魏、玳瑁、紫矿共四百四十斤”。太平兴国三年四月二日,钱俶进贡“牙茶十万斤,建茶万斤,干姜万斤”,“乳香万斤,犀、象各百株,香药万斤,苏木万斤”。端拱元年(988年)十一月十四日,吴越王钱俶子钱惟濬等向朝廷进贡“金万五千两,锦绮透背、绫罗纱縠衣著三万匹,钱万五千贯,通犀、牯犀玉带一百八十条,牯犀四十株,象牙十三株,丁香三百斤,象笏二百,马二十匹,金玉玛瑙鞍勒副之,金玉、珠翠、首饰、博具、器乐、器皿、什物各数千计,橐驼十头,牛五十头,驴一百头,车十乘”。

    从吴越国进贡朝廷的药材种类来看,包括乳香、白龙脑、木香、犀角、象牙、香药、珍珠、玳瑁、干姜、阿魏、紫矿等,大多为海外名贵药材,数量巨大。

    二、宋朝西北地区各民族政权进贡的药物

    宋代,我国西北地区建立的民族政权有甘州回鹘、龟兹回鹘、高昌回鹘、于阗李氏王朝、沙州归义军、凉州吐蕃、青唐吐蕃和西夏等,通过“朝贡”形式输入宋朝的土产药材和海外药物极为丰富。由于文献记载的简略,有关西夏进贡药物的种类较少,下文暂不论及。

    (一)甘州回鹘

    甘州回鹘是唐代晚期至北宋中期回鹘人以甘州为中心建立的民族政权,宋仁宗天圣六年(1028年)被西夏攻占而灭亡。

    宋初,甘州回鹘多次遣使朝贡,贡品中包含了某些西北地区特有的香料、药材,其中“药有腽肭脐、硇砂,香有乳香、安息、笃耨”等。大中祥符元年(1008年)十一月,宋真宗东巡泰山举行封天仪式,甘州回鹘可汗夜落纥、宝物公主、没孤公主及婆温宰相,“以宝货、药、橐驼、名马,遣使姚进等十二人来贡”。大中祥符九年(1016年)十二月,甘州回鹘夜落隔归化及宝物公主、宰相索温守贵等遣使都督翟福等来贡“马及玉、香药”,宋真宗下诏“赐衣冠、器币、缗钱有差”。

    宋仁宗天圣三年(1025年)三月十三日,甘州可汗来贡“乳香、硇砂、琥珀、白玉、马”。四月,甘州可汗王、公主及宰相撒温讹进奉“马、乳香”,宋仁宗下诏“赐银器、衣著、金带、晕锦旋襕有差”。天圣五年(1027年)八月二十五日,甘州可汗王宝国夜落隔遣使贡“乳香、硇沙”。天圣六年二月十五日,甘州可汗又遣使贡“玉、琥珀、乳香”。

    (二)高昌回鹘、龟兹回鹘

    高昌回鹘是回鹘人建立的地方政权,位于今新疆东部,以高昌为都城,夏季以“北廷”为夏都,宋时多次遣使朝贡。如康定二年(1041年)十一月十五日,高昌回鹘北廷可汗遣使奉表,“贡玉、乳香、硇砂、名马”。

    龟兹回鹘是唐宣宗大中二年(848年)回鹘人庞特勤以高昌、龟兹为中心建立的地方政权。宋初,高昌回鹘和龟兹回鹘多次遣使向宋廷进贡药物。其中龟兹又称西州回鹘、龟兹回鹘或西州龟兹,是高昌回鹘的一部分,其国王称可汗王。太平兴国九年(984年),龟兹回鹘曾遣使贡乳香等物。此后于咸平四年(1001年)、大中祥符三年(1010年)、大中祥符六年(1013年)、天禧元年(1017年)、天禧四年(1020年)、天圣二年(1024年)、天圣七年(1029年)、天圣八年(1030年)、天圣九年(1031年)、景祐四年(1037年)、熙宁四年(1071年)、熙宁五年(1072年)、绍圣三年(1096年),龟兹回鹘前后遣使朝贡13次,将大批珍贵的西北土产药材和海外药物传入宋朝。

    宋真宗大中祥符三年闰二月,龟兹可汗遣使“李延胜、副使安福等贡乳香二百四十九斤、花蕊布二匹、硇砂三百七十一斤、独峰橐驼一、大尾白羊十五,李延胜贡马十匹、玉鞍勒、金玉二百一十二斤,安福贡琥珀四十斤、石十二斤,监使翟进贡乳香六十九斤、石二斤、胡黄连十四斤,判官曹信贡乳香七十六斤,都监杨嘉贡乳香三十九斤,僧智圆贡琥珀四十五斤、石四十六斤。黄河居住行头蕃部兰逋征捉郎进马二匹”。此次进贡的物品品种多,数额庞大,故宋廷于大中祥符四年(1011年)任命李延胜为左屯卫将军。大中祥符六年十一月,龟兹剋韩王遣进奉使李延庆等36人在长春殿朝贡方物,进献“玉六十团、橐驼、名马、弓箭、鞍勒、香药等”,宋真宗“优诏答之”。天禧元年四月二十六日,龟兹国剋韩王智海遣使张復延进贡“玉及马、香药”等。

    宋仁宗天圣二年三月十七日,龟兹国王智海等贡“独峰驼、五香药、杂物”。四月,又遣使来贡药物乳香。天圣八年十一月十五日,龟兹国遣使李延庆贡药物“乳香、硇砂”。天圣九年正月十八日,龟兹国王智海遣使李延庆等贡“硇砂、乳香、名马”。景祐四年正月九日,龟兹国遣使李延贵贡“花蕊布葛、乳香、硇砂、玉、独峰驼、马”。

    宋神宗熙宁五年二月二日,回鹘龟兹可汗王遣使卢大明、笃都奉表,所贡贡品中有“乳香、硇砂”等药物。

    (三)于阗

    于阗,汉代时隶属于西域都护府,唐时为“安西四镇”之一,隶安西都护府,“自汉至唐,皆入贡中国”。宋初,于阗多次遣使朝贡,其中尤以名贵药材乳香为主。约在景德三年(1006年)于阗被喀喇汗朝所灭,此后文献中出现的“于阗国黑韩王”,实乃喀喇汗朝的首领。

    宋太祖建隆二年(961年)十二月,于阗国王李圣天遣使朝贡。宋仁宗天圣三年十二月四日,于阗国黑韩王遣大首领罗面千多奉表朝贡,其中药物有“乳香、硇砂”等。宋神宗熙宁四年二月十四日,于阗国黑韩王遣大首领翟进奉表,“贡珠玉、珊瑚、翡翠、象牙、乳香、木香、琥珀、花蕊布、硇砂、龙盐、药物、铁甲、马”。熙宁五年十二月二十六日,于阗国黑韩王遣使奉表朝贡,其中药物有“乳香、木香、腽肭脐、金星石”。熙宁七年(1074年)二月三日,于阗国遣使阿丹一难奉表,向宋朝进贡“玉、乳香、水银、安悉香、龙盐、硇砂、琥珀、金星石”。熙宁十年(1077年)四月八日,于阗国黑韩王遣使罗阿厮难撒温奉金表进贡,其中药物有“乳香、木香、安息香、龙盐、鸡舌香、胡黄连”。同年十月三日,客省上奏:“于阗国进奉使罗阿厮难撒温等有乳香三万一千余斤,为钱四万四千余贯,乞减价三千贯卖于官库。”宋神宗“从之”,可知此次于阗进贡的乳香数额较为庞大。鉴于于阗国进贡乳香的数额越来越大,元丰元年(1078年)十二月二十五日,宋神宗下诏熙河路经略司指挥熙州:“自今于阗国入贡,唯赍国王表及方物听赴阙,毋过五十人,驴马头口准此;余勿解发,止令熙州、秦州安泊,差人主管卖买。婉顺开谕,除乳香以无用不许进奉及挟带上京并诸处货易外,其余物并依常进贡博卖。”元丰二年(1079年)十月十三日,熙河路经略司上奏:“于阗国来贡方物而无国主表章,法不当纳,已谕使去。”宋神宗下诏:“如坚欲奉贡,可听之。”元丰三年(1080年)正月二十七日,于阗国大首领阿令颠颡温等来贡方物。三月二十六日,宋神宗下诏:“于阗国进奉使所卖乳香,偿以见钱。其乳香所过,官吏失察,令转运司劾罪。”十月九日,熙州上奏:“于阗国进奉般次至南川寨,称有乳香、杂物等十万余斤,以有违朝旨,未敢解发。”宋神宗认为“乳香无用”,且数额巨大,退回了这批贡物。

    宋哲宗元祐三年(1088年)五月七日,枢密院上奏:“熙河兰岷路经略司奏:‘于阗国进奉般次罗忽都卢麦等进奉方物,黑汗王阿忽都董娥密竭笃上表,请自今般次不满年月往来进奉,只是心白。’”宋哲宗采纳枢密院建议,下诏:“仍自今于阗每二年一次,许赍本国蕃王表章赴阙进奉。如止来熙、秦州买卖,即不限岁月,事毕遣还。仍令本司候有般次回蕃日,再谕诏旨,使本国知。仍令学士院于回赐敕书内备载。”元祐四年(1089年)五月丁酉,于阗国“贡使李养星、鄂丹威格以下续贡珠玉、象牙、珊瑚、药物等”。

    可见,于阗地区“地产乳香”,向宋朝的药物朝贡持续了150多年,“讫于宣和,朝享不绝”。于阗地区输入的药物,包括乳香、木香、琥珀、龙盐、安息香、鸡舌香、胡黄连等。

    (四)沙州归义军

    归义军是唐宣宗大中五年(851年)至宋仁宗景祐三年(1036年)以沙州、瓜州为中心建立的地方政权,由唐朝名将张议潮建立,景祐三年被西夏李元昊所灭。

    宋朝建立后,归义军曾派遣使者向宋廷朝贡,“自景祐至皇祐中,凡七贡方物”。如宋真宗景德四年(1007年)五月,权归义军节度兵马留后曹宗寿,遣瓜沙州节度上司孔目官阴会迁等35人诣阙,“贡玉团、玉印、乳香、硇砂、橐驼、名马”。宋仁宗天圣元年(1023年)闰九月,沙州遣使翟来著等“贡方物、乳香、硇砂、玉团等”。天圣八年十一月十五日,沙州遣使朝贡,其中药物有“真珠、乳香、硇砂、梧桐渠、黃矾”等。

    (五)西北吐蕃诸部

    宋时,在秦凤路、利州路、成都府路、青唐等地散居着许多吐蕃部族,“族种分散,大者数千家,小者百十家,无复统一”。宋代吐蕃在原汉、唐旧地凉州、鄯州、廓州等地建立了自己的政权——西凉府吐蕃六谷联盟和青唐吐蕃政权,对西北地区的民族关系及宋朝的决策,均产生了重大影响。

    宋初,吐蕃诸部积极地向宋朝进贡方物,其中就包括当地的药物。如庆历二年(1042年)五月二十二日,吐蕃唃厮啰遣使向宋朝进贡“马、乳香、硇砂、银枪、铁甲、铜印、银装交椅”。熙宁五年五月,青唐吐蕃东部首领木征进贡药物。熙宁十年十二月十二日,西蕃邈川首领董氊进贡“珍珠、乳香、象牙、玉石、马”。元祐元年(1086年)闰二月二日,礼部上奏“董氊等贡乳香”。

    从西北地区进贡的药材种类来看,包括乳香、安息香、笃耨香、腽肭脐、硇砂、胡黄连、木香、鸡舌香、龙盐、珍珠、梧桐渠、黄矾和其他香药。

    三、宋朝东北部地区金朝、高丽进贡的药物

    宋朝东北地区为辽朝、金朝和高丽王朝,与宋王朝保持着密切的经贸往来。由于文献记载的简略,辽朝进贡的药物,尚不可考。金朝进贡药物的内容较少。有关高丽王朝进贡药物的品种和数量,则相对丰富一些。

    (一)金朝

    宋时,生活在东北地区的女真族多次遣使朝贡,所贡药物有腽肭脐、人参、松子等。宋太祖建隆二年,女真遣使嗢突刺朱“入朝贡方物”。开宝五年(972年),女真进贡药物“腽肭脐”。金朝建立后,亦有药物朝贡的记载。如政和八年(1118年)九月,女真遣使李善庆等“赍国书并北珠、生金、貂革、人参、松子来贡”。

    (二)高丽

    宋时,位于朝鲜半岛的高丽,又称高丽王朝、王氏高丽。宋朝建立后,建隆三年(962年)高丽国王王昭派遣使者李兴祐朝贡,其子王伷即位后“贡奉不绝”。高丽出产“人参、水银、麝香、松子、榛子、石决明、松塔子、防风、白附子、茯苓、大小布、毛施布、铜磬、瓷器、草席、鼠毛笔等”。其贡品中包含了大量的药物,其中尤以高丽人参最为珍贵。

    宋太宗太平兴国七年(982年),高丽国王王治遣使金全“奉金银线罽锦袍褥、金银饰刀剑弓矢、名马、香药来贡”。宋真宗天禧三年(1019年)十一月,高丽进奉使、礼宾卿崔元信等入见,“贡罽锦衣褥、乌漆甲、金饰长刀匕首、罽锦鞍马、纻布、药物等”。宋仁宗天圣八年十二月十三日,高丽国王王询遣御事民官侍郎元颖奉表入贡,其中药物有“人参、香油、硫黄”等。宋神宗熙宁四年八月一日,高丽国遣使金悌奉表,所贡药物有“人参、硫黄、松子、香油”。熙宁七年正月二十六日,高丽国遣使金良鉴、卢旦奉表朝贡,其中所贡药物有“人参、松子、香油”。熙宁九年(1076年)十一月二十一日,高丽国遣使工部侍郎崔思训奉表而来,所贡药物有“人参、松实、香油、黄漆、药物”。南宋高宗绍兴二年(1132年)闰四月三日,高丽国王王楷遣使朝散郎、礼部员外郎、赐紫崔惟清,从义郎、閤门祗候沈起等17人奉表,入贡“人参五百斤”。

    从东北地区进贡的药材种类来看,包括人参、松子、香药、香油、硫黄、腽肭脐、水银等,具有鲜明的地域特色。

    四、宋朝南部地区交趾、安南、占城进贡的药物

    宋代南部地区为交趾、安南和占城,属汉唐旧疆,多次向宋朝进贡产于东南亚、南亚、西亚、非洲等地的名贵药物。

    (一)交趾、安南

    交趾,又名交阯,秦汉时期交趾郡治所,唐代为交州治所,位于今越南北部。宋朝时交趾反叛,劫掠广南西路州县,宋太宗和宋神宗时期曾两次派兵讨伐。南宋淳熙元年(1174年)二月一日,宋孝宗下诏“特赐安南国名”,交趾遂改名为安南。交趾“土产沉香、蓬莱香、生金、银、铁、朱砂、珠、贝、犀、象、翠羽、车渠、盐、漆、木绵、吉贝之属”,向宋朝“岁有进贡”。

    宋初,交趾派遣使者进贡中南半岛、印度半岛等地出产的药材,贡品中有犀角、象牙、乳香、沉香、笺香、玳瑁等药物。如宋太祖开宝八年(975年)五月二十一日,静海军节度使、安南都护丁琏遣使来贡“犀、象、香药”。

    宋太宗即位后,丁琏“又贡方物”。太平兴国五年(980年)十一月,前黎朝国王黎桓遣牙校江巨瑝、王绍祚贡方物“金银器五百两、通犀六株连盘、□牯犀四十株、象牙百株、绢万匹”。太平兴国八年(983年)五月,黎桓自称权交州三使留后,遣军将赵子爱等进奉“通犀□五、牯犀二十九株、象牙百根、乳香二百斤、绢万匹、孔雀尾百□”。同年九月,黎桓又遣使贡“金酒器二十□具,犀角、象牙各二十株”。雍熙二年(985年)二月,黎桓遣进奉使张绍凭、阮伯簪等来贡贺乾明节礼物“金龟、鹤、银炉、象牙百株、绢万匹”。雍熙三年(986年)九月,黎桓遣使牙将司马常来献“金器一百两、银器五百十、株犀三十坐”。淳化元年(990年)十月,黎桓遣使都知兵马使阮伯簪等来贡“七宝装龙凤椅子一、间金装玳瑁檐十二、红罗绣龙凤伞一、间金装玳瑁柄犀三十株、象牙四十株、绢万匹、 布各千匹”。至道三年(997年)九月,黎桓遣都知兵马使阮绍恭、副使赵怀德来贡“金银七宝装交椅一、银盆十、犀角象牙五十株、绢布万匹”。

    宋真宗大中祥符二年(1009年)十二月,黎至忠又遣推官阮守疆“贡驯犀一、犀角二十、象牙四十、金银器、纹缡等”。同年,黎朝发生内乱,左亲卫殿前指挥使李公蕴趁机夺取帝位,建立李朝,随即向宋朝朝贡。大中祥符五年(1012年)四月,李公蕴遣进奉使演州刺史李仁美、副使□州刺史陶庆文来开封“贡犀角三十株、象牙□株、金银纱罗等”。天禧三年八月,交州李公蕴遣弟李鹤来“贡犀角、象齿洎方物”。

    乾兴元年(1022年)七月,三司上奏:“交州进奉使李宽泰等各进贡方物白镴、紫矿、玳瑁、瓶香等,贾人计价钱千六百八十二贯。”宋仁宗下诏“回赐钱二千贯,以优其直,示怀远也”。天圣六年三月,三司上奏:“作坊物料库估交州进奉人使纳卖香药价钱三千六十贯。”宋仁宗下诏回赐钱四千贯。元丰五年(1082年)六月二十二日,交趾郡王李乾德进献“犀角、象齿各五十”。

    南宋绍兴二十五年(1155年)八月二十一日,交趾国王李天祚遣太平州刺史李国以、右武大夫李义、武翼郎郭应五“贺升平”,“进贡金器一千一百三十六两、真珠百颗、沉香等一千斤、翠毛五百只、盘龙等杂物、绫绢五十匹、马十、驯象九”。绍兴二十六年(1156年)正月十四日,交趾遣太中大夫周公明、右武大夫李义等22人“进奉贺升平、常贡两纲方物”,其中金瓶盛载沉香等1000斤。

    南宋孝宗隆兴二年(1164年)九月十三日,交趾鉴于宋孝宗“即位加恩,故遣使来谢”,南平王李天祚遣使尹子思、邓硕俨等,“贡金器百两、银器百五十两、象牙三十株、熟香五百斤、笺香一千斤”。乾道九年(1173年)七月四日,广西经略安抚司上奏“安南都知兵马使郭进赍牒关报,差使、副管押称贺今上皇帝登极,及进奉大礼纲运赴行在”,其中入贡药物沉水香等2000斤。淳熙元年二月一日,交趾改国名为安南。淳熙三年(1176年)四月,安南进谢赐国名牌印,其中所贡药物有“沉香二百斤,熟香一千斤,笺香一千斤”。淳熙四年(1177年)正月二十八日,广南西路经略安抚司上奏,安南国差朝散郎李邦正、忠翊郎兼閤门祗候阮公亮等管押遣进章表、方物纲运,贡方物“二十两章表银匣一副;五十两金厮(罗)[锣]三面,共一百五十两;银厮锣一十三面,都共六百五十两;象牙七十株,都共一千六觔;犀角三十座,都共三十五觔二两”。淳熙七年(1180年)五月十三日,安南进谢表、方物,宋孝宗下诏收受三分外,所有章表续行投进。同年十二月二十六日,安南谢赐国名牌印及谢袭封章表礼物,令赴左藏库送纳。广南西路安抚司以章表二函用黄罗绢护封,差人先赍赴行在投进外,方物送经抚库寄收,唤集牙人估直,纽计数目,其中“谢赐国名牌印纲”中的药物包括沉香20斤,熟香1000斤,笺香1000斤。

    (二)占城

    占城是两汉晋隋时期日南郡旧地,位于今越南中南部,宋时自称占城国,“与交趾为仇国”。南宋庆元五年(1199年),真腊大举攻入占城,后于嘉定十四年(1221年)复国。占城出产“笺、沉香、槟榔、乌木、苏木、白藤、黄蜡、吉贝花布、丝绞布、白 布、藤簟、贝多叶簟、金银铁锭等物”,“人采香为生”。其俗,“人有疾病,旋采生药服食”。占城同宋朝十分友好,多次遣使朝贡,“贡献不绝”,贡品中药物数量十分巨大。

    宋太祖建隆元年十二月,占城“以方物、犀角、象牙来贡”。建隆二年正月,占城国王释利因陀盘遣使莆诃散等来朝,“贡犀、牙、龙脑、香药、孔雀四、大食瓶二十”。建隆三年九月十七日,占城国遣使贡“象牙、乳香”。乾德四年(966年)三月,占城王悉利因陀盘遣使因陀玢李帝婆罗、副使白不罗低冬来朝,“贡牯犀一株、象牙二株、白 二十条、哥缦三十五条、绣哥缦一对、亲色哥缦十四合,并杂药物等”;占城王妻波良仆瑁、男茶罗继、占谋律秀琼等,“又各贡犀角、象牙、龙脑、玳瑁、香药”;其进奉使、副使,“又各进奉犀、象、方物”。同年七月,南唐国主李煜上奏:“占城国使入贡,道出臣国,遗臣犀角一株、象牙二株、白龙脑三十两、苍龙脑十斤、乳香三十斤、沉香三十斤、煎香七十斤、石亭脂五十斤、白檀香百斤、紫矿五十斤、豆蔻二万颗、龙脑后三片、槟榔五十斤、藤花簟四领、占城孤班古缦二段、阇婆马礼偃鸾国古缦一段、阇婆沙剜古缦一段、阇婆绣古缦一段、大食绣古缦一段、大食缦锦古缦一段、占城绣水织布五匹、阇婆沙剜锦绣古缦一段。”李煜“以其物来上”,又将这些占城贡品转贡给了宋朝,受到宋太祖的表扬。九月,占城国又遣使“献象牙、香药”。

    宋太宗太平兴国二年二月,占城国王波美税杨布印茶遣使李牌、副使李麻那、判官李屠进贡方物“越诺布四段、龙脑二斤、杂香药千斤、丁香五十斤、煎香二十五斤”。雍熙二年二月,占城国王施利陀盘吴日欢遣使婆罗门金歌麻来献“龙脑、玳瑁、象牙、越诺、无名异”。雍熙三年三月十九日,占城国王刘继宗遣使李朝仙来贡“通犀二株、生白龙脑十斤、速香五十斤、丁香五十斤、篯香二百斤、沉香百八十斤;后“朝仙又进象牙二株、白龙脑十斤”。淳化元年十月,占城新王杨陀排自称“新坐佛逝国杨陀排”,遣使李臻、副使蒲诃散来贡,“进驯犀及螺犀十株、象牙十五株、腊沉香一斤、白龙脑二斤、山得鸡三十三斤”;其使、副使,“又献螺犀、药犀、象牙、没药、胡卢巴、龙脑、白豆蔻及蔷薇水”;李臻、蒲诃散在表中提到,该国被“交州所攻,国中人民、财宝皆为所掠”,宋太宗下诏赐黎桓“各令保境”。同年十二月四日,占城国王又遣使李臻、副使蒲诃散贡“驯犀、螺犀、象牙、蜡沉香、龙脑、山得鸡、没药、胡卢巴、白豆蔻、蔷薇水”。淳化三年(992年)十二月,占城国王杨陀排遣使李良甫、副使亚麻罗婆低来贡“螺犀、药犀十株、象牙二十株、煎香三十六斤、白龙脑一斤四两、绞布六段、槟榔十三斤、山得鸡六十四斤、椰子五十颗;其使、副又献象、犀、螺犀、玳瑁、煎香等”;占城国僧人净戒又献金龙脑、金铃、铜香炉、如意等,宋太宗下诏“各优赐之”。至道元年(995年)正月,占城国王杨波占遣专使李波珠、副使李诃散、判官李磨勿等,进奉“犀角十株、象牙三十株、玳瑁十斤、龙脑二斤、沉香百斤、夹笺黄熟香九十斤、檀香六十斤、山得鸡一万四千三百只、胡椒二百斤、簟席五”。

    宋真宗咸平二年(999年)二月,占城国王杨普俱毗茶逸施离遣使朱陈尧、副使蒲萨陁婆、判官黎姑伦“贺皇帝登极”,贡“犀、牙、玳瑁、香药”。大中祥符四年十一月,遣使蒲萨多婆、副使蒲多波底、判官陈义,“贡象牙六十二株、螺犀十一株、药犀二十九株、玳瑁三百片、沉香五十斤、煎香三百五十斤、黄熟香二百一十斤、带枝丁香三十斤、豆蔻六十斤;其使又进熟龙脑三十两、没药八十斤、紫矿四百七十斤、肉豆蔻二百斤、胡椒二百斤、没药三十斤、紫矿百斤”。大中祥符八年(1015年)五月,占城国王上表,遣腹心人波轮诃罗带充专使,刘公简充副使,判官、防援人,以“犀、牙、玳瑁、乳、沉、煎香、豆蔻、槟榔等来贡”。天禧二年(1018年)九月,其王尸嘿排摩惵遣使罗皮帝加等,进贡“象牙七十二株、犀角八十六株、玳瑁千片、乳香五十斤、丁香花八十斤、豆蔻六十五斤、沉香百斤、笺香二百斤、别笺一剂六十八斤、茴香百斤、槟榔千五百斤”。罗皮帝加还报告了占城至宋朝的海路航线:“国人诣广州,或风漂船至石堂,即累年不达矣。”

    宋仁宗天圣七年五月,占城国王杨卜俱室离遣叱达巴、李菩萨等奉表,进贡“生凤一只、犀三十株、象牙七十株、玳瑁二百四十五片、乳香二千斤、木香七百八十斤”。天圣八年十月,遣进奉使李菩萨、麻瑕陁瑟表献礼物,入见于崇政殿,“献木香七百斤、犀角四十余株、玳瑁四百余片、乳香二千斤、象牙八十株”。皇祐二年(1050年)正月,国主俱舍唎波微收罗婆麻提杨卜,“贡象牙二百一、犀牛角七十九,赍表二通,一以蕃书,一以中国书”。

    宋神宗熙宁五年四月六日,占城国遣使奉表,“贡龙脑、乳香、丁香、紫矿、荜澄茄、胡椒、回香”。同年五月二十二日,占城国进贡琉璃、珊瑚、酒器并龙脑及药物、乳香、丁香、荜澄茄、紫矿等,宋神宗下诏“回赐外,特赐银二千一百两”。元祐元年十月十五日,礼部上奏“占城国进奉大使布灵息弛琴、蒲麻勿等乞续进方物”,宋哲宗“从之”。同年十二月三日“续进犀、袴等”。

    南宋高宗绍兴二十五年十一月十四日,占城蕃首邹时芭兰遣部领萨达麻、滂摩加夺、蒲都纲以次凡20人到临安觐见,进贡大量海外名贵药材。《宋会要辑稿》蕃夷四之七六载:

    贡附子沉香一百五十斤,沉香三百九十斤,沉香头二块一十二斤,上笺香三千六百九十斤,中笺香一百二十斤,笺香头块四百八十斤,笺香头二百三十九斤,澳香三百斤,上速香三千四百五十斤,中速香一千四百四十斤,象牙一百六十八株,犀[角]二十株,玳瑁六十斤,暂香一百二十斤,细割香一百八十斤,翠毛三百六十只,蕃油一十埕,乌里香五万五千二十斤。

    从贡奉表名单可知,此次进贡的药物数量巨大,包括附子、沉香、澳香、象牙、犀角、玳瑁、暂香、细割香、蕃油、乌里香等,多为中土所无。

    乾道三年(1167年)十月一日,福建路市舶司上奏占城进贡大量药物。《宋会要辑稿》蕃夷七之五〇载:

    乾道三年十月一日,福建路市舶司言:“本土纲首陈应祥等昨至占城蕃,蕃首称欲遣使、副恭赍乳香、象牙等前诣(太宗)[大宋]进贡。今应祥等船五只,除自贩物货外,各为分载乳香、象牙等并使、副人等前来。继有纲首吴兵船人赍到占城蕃首邹亚娜开具进奉物数:白乳香二万四百三十五斤、混杂乳香八万二百九十五斤、象牙七千七百九十五斤、附子沉香二百三十七斤、沉香九百九十斤、沉香头九十二斤八两、笺香头二百五十五斤、加南木笺香三百一斤、黄熟香一千七百八十斤。”

    此次进贡的药物数量极为巨大,如白乳香达20435斤,混杂乳香更是达到80295斤,其他香药也在数百斤至数千斤之间。鉴于此次进贡的药材数量极为庞大,宋孝宗下诏:“使人免到阙,令泉州差官以礼管设。章表先入递前来,候到,令学士院降敕书回答。据所贡物,许进奉十分之一,余依条例抽买。如价钱阙,申朝廷先次取拨,俟见实数估价定,市舶司发纳左藏南库,听旨回赐。”允许十分之一进贡到临安,其余药物依条例全部由市舶司抽买,储藏在左藏南库。同年十一月二十八日,占城进贡乳香、象牙、沉笺香等数目,宋孝宗下诏“所有其余物货,令市舶司斟量依条抽买”。

    从南部地区进贡的药材种类来看,这些名贵药物绝大多数来源于东南亚、南亚和西亚一带,也有占城掠夺自大食商人的药材。如乾道三年,福建市舶司上奏:“大食国人乌师点等诉,占城入贡,即所夺本国物。”庆元年间,真腊大举讨伐占城,“以复仇,杀戮殆尽,俘其主以归,国遂亡,其地悉归真腊”,此后宋朝史料中有关占城进贡药物的记载逐渐减少。

    五、宋朝西南地区大理、西南五部等地进贡的药物

    宋朝西南地区的大理国及其他少数民族地区,汉朝时隶属于益州刺史部管辖,唐朝时隶属于剑南道。宋朝,大理国和西南诸部落通过遣使朝贡的形式,将产于西南地区乃至东南亚、南亚地区的名贵药物传入宋朝。

    (一)大理

    宋时大理国分前理国、大中国、后理国三个时期,1254年被忽必烈所灭。政和六年(1116年)十二月三十日,大理国王段和誉上奏:“臣累年以来,尝遣磨中罗道等处乞修朝贡。至政和五年五月,已奉圣旨,差广州观察使黄璘充第一等奉使,于宾州置局,接纳入贡,令先遣臣布燮、臣李紫琮、臣杨苛样、坦绰臣李百祥管押马三百八十匹,内有五十匹系特进,麝香、牛黄、细氊、碧玕山、衣甲、弓箭等,诣阙进献。”宋徽宗下诏“令学士院修写手诏颁降”。《文献通考》亦载政和七年(1117年),大理使者李紫琮等“至京师贡马及麝香等”。

    (二)西南五部

    宋时我国西南少数民族龙、罗、方、石、张五部和其他各部,“自昔许上京入贡”。

    宋太宗太平兴国五年八月,西南蕃王龙汉瑭遣顺化王子心驰来贡“马二匹、朱砂二十两、牛黄一脐。又都甲头王子若从并诸州蛮录事司马赵才胜等七百七十四人,共进马二百九十匹,朱砂二千三百五十两,草豆蔻十二万枚,筚拨百六十斤”。淳化元年八月,龙汉璿遣其弟龙汉兴来朝,“贡马二匹、朱砂十两”。又都统龙汉及行人谢再殊,“亦各贡名马、朱砂、毡罽、草豆蔻等”。淳化三年十月,蕃王龙汉兴遣顺化王子若柴等来贡“马五十九匹、朱砂二百六十两、草豆蔻二万颗”。

    宋真宗咸平二年九月,都首领张文黔等来贡“名马六十五匹、朱砂八百八十两,又山子一重十六两、草豆蔻二万枚”。咸平五年(1002年)五月,龙汉遣使率部众1600人、马460匹并药物、布帛来贡,宋真宗“厚赏遣还”。

    从西南地区进贡的药物来看,包括麝香、牛黄、朱砂、草豆蔻、荜拨等,大多为当地土产药物。

    六、宋朝对域外药物的态度与周边药物传入的形式

    (一)宋朝对域外药物的态度

    宋王朝极为重视域外药物的传入,在朝贡贸易中给予了大力支持。太平兴国初,宋太宗下诏规定:“自今惟珠贝、玳瑁、犀象、镔铁、鼊皮、珊瑚、玛瑙、乳香禁榷外,他药官市之余,听市于民。”朝廷禁榷的域外药物,主要有珠贝、玳瑁、犀象、镔铁、鼊皮、珊瑚、玛瑙、乳香8种,大多来自大食、古逻、阇婆、占城、勃泥、麻逸、三佛齐、宾同胧、沙里亭、丹流眉等地。如泉州,土产蕃货,“诸蕃有黑、白二种,皆居泉州,号蕃人巷。每岁以大舶浮海往来,致象、犀、玳瑁、珠玑、玻璃、玛瑙、异香、胡椒之属”。

    太平兴国七年闰十二月,宋太宗再次下诏规定了禁榷药物和通行药物的品种与数量。《宋会要辑稿》职官四四之二载:

    闻在京及诸州府人民或少药物食用,(今)[令]以下项香药止禁榷广南、漳、泉等州舶船上,不得侵越州府界,紊乱条法;如违,依条断遣。其在京并诸处即依旧官场出卖,及许人兴贩。凡禁榷物八种:玳瑁、牙、犀、宾铁、鼊皮、珊瑚、玛瑙、乳香。放通行药物三十七种:木香、槟榔、石脂、硫黄、大腹、龙脑、沉香、檀香、丁香、丁香皮、桂、胡椒、阿魏、莳萝、荜澄茄、诃子、破故纸、豆蔻花、白荳蔻、鹏沙、紫矿、胡芦芭、芦会、荜拨、益智子、海桐皮、缩砂、高良姜、草豆蔻、桂心苗、没药、煎香、安息香、黄熟香、乌木、降真香、琥珀。后紫矿亦禁榷。

    宋太宗的诏令反映了以下重要信息:其一,宋朝政府禁榷药物,初为8种:玳瑁、象牙、犀角、宾铁、鼊皮、珊瑚、玛瑙、乳香。后紫矿亦禁榷,禁榷药物增至9种。其二,通行药物37种,包括木香、槟榔、石脂、硫黄、大腹、龙脑、沉香、檀香、丁香、丁香皮、桂、胡椒、阿魏、莳萝、荜澄茄、诃子、破故纸、豆蔻花、白豆蔻、鹏沙、紫矿、胡芦芭、芦会、荜拨、益智子、海桐皮、缩砂、高良姜、草豆蔻、桂心苗、没药、煎香、安息香、黄熟香、乌木、降真香和琥珀。

    为了鼓励海外蕃商到中国进行贸易,雍熙四年(987年)五月宋太宗下诏遣内侍8人,“赍敕书、金帛,分四纲,各往海南诸蕃国勾招进奉,博买香药、犀牙、真珠、龙脑。每纲赍空名诏书三道,于所至处赐之”,采取积极主动的招商措施。域外药物的大量来华,对宋代国家财赋产生了积极的影响。《宋史》载:“天圣以来,象犀、珠玉、香药、宝货充牣府库,尝斥其余以易金帛、刍粟,县官用度实有助焉。而官市货数,视淳化则微有所损。皇祐中,总岁入象犀、珠玉、香药之类,其数五十三万有余。至治平中,又增十万。”

    (二)宋朝周边药物传入的形式

    宋朝周边药物传入的形式主要有以下几种。

    一是周边政权的遣使朝贡。宋朝建立了完善的朝贡体系与朝贡贸易制度,周边政权朝贡各种珍宝和名贵药物的同时,中央王朝一般也会赏赐大量的钱物作为回报。如熙宁七年二月三日,于阗国遣使阿丹一难奉表,向宋朝贡“玉、乳香、水银、安悉香、龙盐、硇砂、琥珀、金星石”,其中乳香、水银、安悉香、龙盐、硇砂、琥珀等俱为名药。在周边地区药物传入宋朝的过程中,遣使朝贡是最常见的一种形式。

    二是皇帝登极、皇帝寿诞时藩属献贡。宋代,新皇登极时,周边政权往往会遣使朝贺。如宋真宗咸平二年二月二十八日,占城国王杨普俱毗茶逸施离,遣使朱陈尧、副使蒲萨陁婆、判官黎姑伦进贡药材,以“犀、牙、玳瑁、香药”来贺皇帝登极。皇帝寿诞是全国重要的节日,周边地区往往会进献礼物。如开宝六年(973年)二月十二日,吴越王钱俶进长春节“乳香二千斤”,两浙节度使钱惟濬进长春节“乳香二千斤”。“长春节”是宋太祖赵匡胤的生日,是宋初全国性的节日。

    三是祭祀大典、用兵征伐时藩属特贡。南郊祭天是宋朝重要的节日,通常由皇帝主持。如建隆四年十月十九日,吴越王钱俶遣使“助南郊”,贡“犀、牙各十株,香药一十五万斤,供奉金银、真珠、玳瑁器数百事”。开宝二年(969年)六月二十一日,南唐国主李煜遣其弟李从谦进贡茶、药、器、币,“以助车驾北征”。 

    七、宋朝域外药物的医学应用

    (一)宋朝史学、医学、方志等著作对域外药物的记录

    宋朝周边地区传入的珍稀药物,先后被宋朝官修《国朝会要》《国史》《实录》和官修医学本草《开宝重定本草》《嘉祐补注神农本草》《嘉祐图经本草》《大观经史证类备急本草》《政和新修经史证类备用本草》《绍兴经史证类备急本草》等记载和收录。同时,这些药物也为宋人洪刍《香谱》、叶廷珪《名香谱》、陈敬《香谱》等记载,并成为官修医学方书《太平圣惠方》《神医普救方》《简要济众方》《熙宁太医局方》《政和圣济总录》《太平惠民和剂局方》和民间医家方书《王氏博济方》《苏沈良方》《幼幼新书》《妇人大全良方》等制造药品的重要来源之一。

    根据宋代史学、医学、方志、笔记、文集等著作记载,这一时期输入中国的药物品种,数量众多,品类各异。如乳香、木香、丁香、安息香、没药、血竭、苏合香油、阿月浑子、葫荽、胡椒、胡葱、蔽齐、无食子、八担仁、波斯枣、莳萝、齐墩、阿勃参、芦荟、指甲花、阿魏、葫芦巴、押不芦、婆罗德等,既可食用,也可入药,极大地丰富了药物的来源和品种。

    (二)宋朝本草学著作对域外药物功效的认识

    葫芦巴,阿拉伯语hulba的汉译,原产于波斯、美索不达米亚沙漠和西亚,野生,药材用,宋朝时,传入中国南方各省。宋仁宗嘉祐年间掌禹锡敕撰《嘉祐补注神农本草》载此植物已成功栽种于广州和黔州。苏颂《图经本草》载:“葫芦巴,生广州,或云种出海南诸蕃,盖其国芦菔子也。舶客将种莳于岭外亦生,然不及蕃中来者真好。春生苗,夏结子,作荚,至秋采之。今医方治元藏虚冷气为最要。然《本经》不著,唐以前方书亦不见者,盖是出甚近也。与附子、茴香、硫黄、桃人尤相宜,兼治膀胱冷气。”并配有“广州葫芦巴”药图一幅。

    押不芦,阿拉伯语yabruh、abruh或波斯语jabruh的汉译,原产于亚洲西部,由阿拉伯人传入中国,称之为曼陀罗花,茄科,属一年生有毒草本植物,夏秋开花,花冠呈漏斗状,白色。南宋周密《癸辛杂识》首次记载了这种植物:“回回国之西数千里地,产一物极毒,全类人形,若人参之状,其酋名之曰‘押不芦’。生土中深数丈,人或误触之,著其毒气必死。取之法,先于四旁开大坎,可容人,然后以皮条络之,皮条之系则系于犬之足。既而用杖击逐犬,犬逸而根拔起,犬感毒气随毙。然后就埋土坎中,经岁,然后取出曝干,别用他药制之。每以少许磨酒饮人,则通身麻痹而死,虽加以刀斧亦不知也。至三日后,别以少药投之即活,盖古华陀能刳肠涤胃以治疾者,必用此药也。今闻御药院中亦储之,白廷玉闻之卢松崖。”可知,宋代时医家已用曼陀罗花治咳逆气喘、胃疼等症。

    乳香,阿拉伯语luban的汉译,又名薰陆香,产自大食诸国,中国古代史籍多有记载。宋人赵汝适《诸蕃志》载:“乳香一名薰陆香,出大食之麻啰拔、施曷、奴发三国深山穷谷中。其树大概类榕,以斧斫株,脂溢于外,结而成香,聚而成块。以象辇之至于大食,大食以舟载易他货于三佛齐,故香常聚于三佛齐。番商贸易至,舶司视香之多少为殿最。而香之为品十有三,其最上者为揀香,圆大如指头,俗所谓滴乳是也;次曰瓶乳,其色亚于揀香;又次曰瓶香,言收时贵重之置于瓶中。”此三国皆在今阿拉伯半岛的东南海岸,古代以产乳香闻名于世。据德国汉学家夏得等人的研究,大食乳香主要产于麻罗拔、施曷、思莲、甘眉等地,这也可以和《诸蕃志》的记载相参证。

    木香,梵语称之为kustha,波斯、阿拉伯语称之为kust,又名青木香、蜜香,可作药用。据劳费尔《中国伊朗编》研究,木香主要产于大食、印度和叙利亚。赵汝适《诸蕃志》载:“木香出大食麻啰抹国,施曷、奴发亦有之。树如中国丝瓜,冬月取其根,剉长一二寸,晒干,以状如鸡骨者为上。”这与汉文史籍的记载是一致的。关于其产地,宋代时中国也有木香种植,苏颂《图经本草》载:“木香,生永昌山谷……根窠大类茄子,叶似羊蹄而长,花如菊实黄黑,亦有叶如山芋而开紫花者,不拘时月采根芽为药。以其形如枯骨者良。”

    丁香,阿拉伯语或波斯语gomode的汉译,主要产于大食、波斯、三佛齐和细兰。中国古代史籍,如《本草拾遗》《梦溪笔谈》《翻译名义集》《法苑珠林》《岭外代答》等多有记载。唐陈藏器《本草拾遗》载:“京下老医或有谓鸡舌香与丁香同种,花实丛生,其中心最大者为鸡舌香,击破有解理如鸡舌,此乃是母丁香,疗口臭最良,治气亦效。其母丁香主变白,以生姜汁研,拔去白须,涂孔中,即异常黑也。”赵汝适《诸蕃志》载:“丁香出大食、阇婆诸国,其状似丁字,因以名之。能辟口气,郎官咀以奏事。其大者谓之丁香母。丁香母即鸡舌香也。或曰鸡舌香,千年枣实也。”

    安息香,波斯语mukul和阿拉伯语aflatoon的汉译,原产于中亚古安息国、龟兹国、漕国、波斯国、阿拉伯半岛一带,唐宋时因以旧名,作药材用。唐苏敬等撰《新修本草》作“新附”,首次详细记载了其药性、主治和产地,“安息香,味辛、苦,平,无毒。主心腹恶气鬼疰。出西戎,似松脂,黄黑色为块,新者亦柔韧”。唐段成式《酉阳杂俎》也载:“安息香树,出波斯国,波斯呼为辟邪。树长三丈,皮色黄黑,叶有四角,经寒不凋。二月开花,黄色,花心微碧,不结实。刻其树皮,其胶如饴,名安息香。六七月坚凝,乃取之烧,通神明,辟众恶。”赵汝适《诸蕃志》亦载:“安息香出三佛齐国,其香乃树之脂也,其形色类核桃瓤,而不宜于烧,然能发众香,故人取之以和香焉。”

    没药,阿拉伯语murr或波斯语mor的汉译,又作末药。没药是没香树所产的树脂,这是古代西方最重视的香料和药膏,以波斯、阿拉伯及非洲东北地区所产最为著名,味芳烈而苦。《酉阳杂俎》载:“没树,出波斯国,拂林呼为阿  。长一丈许,皮青白色,叶似槐叶而长,花似橘花而大。子黑色,大如山茱萸,其味酸甜,可食。”晚唐五代李珣《海药本草》载:“谨按徐表《南州记》:生波斯国,是彼处松脂也。状如神香,赤黑色。味苦、辛,温,无毒。主折伤马坠,推陈置新,能生好血。凡服皆须研烂,以热酒调服,近效。堕胎,心腹俱痛,及野鸡漏痔,产后血气痛,并宜丸散中服尔。”苏颂《图经本草》载:“没药,生波斯国。今海南诸国及广州或有之。木之根之株皆如橄榄,叶青而密,岁久者则有膏液流滴在地下,凝结成块。或大或小,亦类安息香,采无时。今方多用之治妇人内伤痛楚,又治血晕及脐腹刺者:没药一物细研,温酒调一钱便止。又治历节诸风骨节疼痛,昼夜不可忍者:没药半两,虎胫骨三两,涂酥,炙黄色,先捣罗为散,与没药同研令细,温酒调二钱,日三服,大佳。”《诸蕃志》亦载:“没药出大食麻啰抹国。其树高大,如中国之松,皮厚一二寸,采时先掘树下为坎,用斧伐其皮,脂溢于坎中,旬余方取之。”据劳费尔《中国伊朗编》研究,没药之名可能始于宋代,主要产于东非洲的柏柏拉海岸和阿拉伯的海德拉谟特海地。宋时,没药已在我国种植成功,《图经本草》中列有“广州没药”图一幅。

    血竭,阿拉伯语kɑtir的汉译,以阿拉伯海索科特拉岛所产者最为优良,又名麒麟竭。《图经本草》载:“麒麟竭,旧不载所生州土,今出南蕃诸国及广州。木高数丈,婆娑可爱,叶似樱桃而有三角。其脂液从木中流出,滴下如胶饴状,久而坚凝,乃成竭,赤作血色,故亦谓之血竭。”《诸蕃志》亦载:“血碣亦出大食国。其树略与没药同,但叶差大耳,采取亦如之。有莹如镜面者,乃树老脂自流溢,不犯斧凿,此为上品。其夹插柴屑者,乃降真香之脂,俗号假血碣。”这里的假血碣乃苏门答腊岛、马鲁古群岛等地的赤藤所产,品质较次。 

    苏合香,梵语sturuka的汉译,主要产于大食报达、吉慈尼、弼笆罗、麻离拔和大秦等地,这是中国人最早知道的蕃香之一。中国古代史籍《后汉书》《梁书》《图经本草》《名医别录》等多有记载。《诸蕃志》载:“苏合香油,出大食国,气味大抵类笃耨,以浓而无滓为上,番人多用以涂身。闽人患大风者亦仿之。可合软香,及入医用。”

    (三)宋朝方剂学著作对域外药物的临床应用

    从这一时期汉文史料的记载来看,大量珍稀海外药材,沿陆上丝绸之路和海上丝绸之路输入宋朝境内。这些域外药物,大多“可入药饵”,不仅增加了药物的种类,而且促进了我国古代医学事业的进步和发展。这一时期宫修和医家撰写的药物学著作中,收入了许多从阿拉伯地区输入的药物。在官方药典及通行的若干特效药中,有不少是以域外药物作为主药。如“苏合香油”,产自大食国,传入中国后闽人“患大风者亦仿之,可合软香,及入医用”,主治麻风病。“蔷薇水”,大食国花露也,“今多采花浸水,蒸取其液以代焉。其水多伪杂,以琉璃瓶试之,翻摇数四,其泡周上下者为真。其花与中国蔷薇不同”,具有润燥、香肌之效。

    宋朝官修医学方书《太平圣惠方》《政和圣济总录》《太平惠民和剂局方》和医家撰写的方书著作中,出现了许多外来药物组成的新药方,如乳香圆、乳香没药丸、乳香应痛圆、玳瑁丸、槟榔丸、檀香汤、胡椒汤、苏合香圆等。官修《太平惠民和剂局方》中专门列有“诸香”方,包括芬积香、衙香、降真香、清远香等,用于预防疾病。

    宋朝周边民族政权朝贡贸易输入的名贵药物,极大地丰富了药物的种类,具有十分重要的意义。这些通过“朝贡”形式传入的药物,大多为宋朝周边地区的土产药材和来自海外的药物,不仅被收入到官私医学著作之中,而且成为配制解表发散药、清热药、泻下药、祛风湿药、理气药、温里药、活血化瘀药、安神药、开窍药、补益药的重要药材来源,广泛应用于临床诸科疾病的治疗。

    本文转自《中原文化研究》2024年第4期

  • 杨奎松:从“小仁政”到“大仁政”

    本文原题为:从“小仁政”到“大仁政”——新中国成立初期毛泽东与中央领导人在农民粮食问题上的态度异同与变化

    粮食问题,对于中共新生政权来说性命攸关。它不仅关系城市稳固、人心安定、生产恢复等方方面面的问题,而且也直接关系到中国最大多数人口,即中国农民和共产党各级政权的关系问题。中国共产党本质上是一个农民党,它的成员,包括其主要领导人,基本上都是农民出身,长期在农村中从事革命活动,中华人民共和国就是靠在他们动员下投身于革命和战争的成百上千万农民流血牺牲建立起来的,中共领导人多数对农民不可能没有感情。而且,共产党的意识形态也要求他们必须像重视城市工人一样,重视和依靠劳苦的农民大众。即使离开农村进据城市,他们也相信,并时时强调,新政权的基础在于“工农联盟”。他们的各种论说、宣传,乃至于具体的政策指导中,农民的作用和地位也都是得到突出肯定的。

    但是,创建起一个国家政权,并成为执政党之后,共产党就很难简单地坚持其阶级革命的思想方式和方针政策了。在学习苏联共产党人重要的经验总结——《联共(布)党史简明教程》一书的时候,毛泽东就特别注意到俄国实行战时共产主义政策期间推行的那个“余粮收集制”的办法,即政府对粮食全面垄断,禁止私人买卖,用行政措施把农民手中的余粮全部集中起来,交由国家储备并有计划地供应给军队和城市工人。[1]他对这套做法导致新政权与农民之间的冲突,包括苏联农业发展长期停滞的后果,印象深刻,因而从开始就力图避免走到这条路上去。只不过,执政的现实却不容毛泽东按照自己的想法行事。当新政权同样面临粮食这一既涉及到方方面面民众生活切身利害,又关联到经济发展和国家前途的重要问题时,即使是毛泽东,也很难不改变他长期以为自豪的农民立场。[2]

    可以想象,对于事实上建立在农民基础上的中国共产党来说,这种感情上的,乃至意识形态上的观念改变,不可能是简单的和一蹴而就的。同样,即使在中共中央内部,人们在这一问题上的态度及其认识变化的条件与先后,也不可能是完全一致的。身为政治领袖,高高在上,统摄全局,更多着眼于政治方向和理想目标的毛泽东,与直接负责事务工作的中央领导人看问题的角度、方法,都不可避免地会发生不同与歧异。本文在这里试图考察的,就是新中国成立初期毛泽东和其他那些负责具体经济业务工作的中共中央领导人之间,在解决粮食问题时,面对作为粮食生产者和消费者的农民,他们在认识上有哪些不同,他们的政策观念又是如何相互影响和发生变化的。

    有关新中国成立初期中共中央对农民粮食问题的研究,比较多地集中在统购统销政策形成、制定经过和具体推行方面,这些研究对中共领导人内部意见、倾向的异同尚少有讨论,对新政权打破传统体制,被迫直接面对亿万农民征粮的困境与尴尬,亦鲜有注意。[3]近年来,虽已有个别研究论文注意到新政权建立初期因征粮而不得不与它本应依靠的农民发生冲突的情况,但仍然缺少有针对性的更具宏观意识的史实研讨和问题揭示。[4]本文固然也不能面面俱到,惟仍拟争取能稍做一点尝试。

    一、农村粮食紧张问题对新政权是客观存在

    中共进军全国所面临的头号问题,就是征粮。征粮除为保证军队用粮外,更多的实际还是用于占领城镇后供应居民生活,维持生产经营,乃至于赈济救灾。而且,当时新政权初建,全国尚未统一,人民币信用不足,再加上生产停顿,物价严重不稳,政府的财政收支,很大程度上也取决于公粮的取得。因此,新政府建政后发出的第一个统一国家财政经济工作的决定,着眼点就是要把各地所收公粮“全部归中央人民政府财政部统一调度使用”。[5]

    长期以来,中国的粮食产量始终保持在一个较低的水平上。尤其是经过八年抗战和将近四年的国共内战,农村经济遭到严重破坏,粮食产量自然更是每况愈下。再加上近代以来人口增长过快,虽有持续战争和灾荒,人口增长仍大大超过耕地扩大和粮食产量增长的速度,因而从晚清至民国,作为农业大国的中国却不得不大量进口粮食。中共进军全国,粮食进口几乎断绝;民国年间政府主要靠市场和向土地所有者征收田赋来获取粮食,抗战后期改取田赋征,实即强制性征粮后很快即激起大量官民矛盾冲突,直接损害了国民党政权的稳固。中共政权进城后将地主阶层一概打倒,也采取了由政府面向所有农民征粮的做法,更是不可避免地要直接面对数以亿计的个体小农。不难想见,中国农民的生活本来就苦,各地情况又千差万别,新政权建政伊始即靠一纸命令,通过征公粮的办法开始硬性从农民手里取得粮食,不仅会造成农民负担畸轻畸重的情况,肯定要严重影响到农民对新政权的观感。

    对于这些情况,中共中央并非毫不了解。主管财经工作的陈云就明确讲:经过十二年战争之后,人民的购买力大大降低,灾情频发又使粮食减产,还有四千万灾民需要救济,在这种情况下征粮畸轻畸重,地方干部严重的命令主义作风,再加上各种税款负担和公债推销的不合理,都可能造成社会问题。[6]基于此,中共中央也注意采取了一些区别性的政策,并且三令五申反对干部的命令主义和强迫行为,但用这种行政命令的下达任务数字的方式来进行征粮工作,还是不可避免地引发了一系列严重问题。尤其是在新解放的地区,征粮行动对农民造成了极大的伤害,农民自杀、反抗之类的事件一度广泛发生。[7]这种情况清楚地说明,新中国建政之初,广大新区的农民,包括大批贫苦农民,并没有因为共产党的到来而迅速获益。相反,因为粮食问题,农民和新政权的关系一度还变得十分紧张。

    新政权所以建政伊始就诉诸强力向自己的基本依靠力量农民征粮,根本上还是一种现实的生存需要,且因为国家粮食产量总体上严重不足。中国的产粮区面积虽广,但各地区自然条件千差万别,即使是同一县、同一乡内,村与村之间也往往存在着产量高低和粮食余缺的很大差异。正是因为这种情况,在全国范围或一省范围内,无论当年丰歉,每年春夏之间总会有不少农民因旧粮接不上新粮,被迫逃荒,甚至饿死的情况。这种现象民国年间即存在,共产党当政后仍旧持续着。

    有关中华人民共和国成立初期持续发生春荒的情况,即使通过中央机构非常不全面的春荒统计数据,也可见一斑。

    由表1不难了解,光是因头年秋粮不足,次年春夏新粮收获前断粮断饮,农民被迫逃荒,甚至于卖儿卖女的情况,在1949年后还是年年都在发生。因为缺粮以至于饿死人,同样也是年年都有,有的年份内死人的数量还很大。因饥饿造成的这种“非正常死亡”的人数,最少的年份如1953年、1954年、1957年,依照官方统计,每年也有几百人之多;最多的年份,像1950年土改期间、1956年合作化高潮期间,直到1958年“大跃进”当年,这种非正常死亡的幅度,多数年份都在近万人,甚至数万人的水平上。并且,从表1还可以看出,这几年里农民逃荒、饿死的情况,和国家的经济恢复、生产发展几乎没有任何关系,甚至和缺粮人数多少之间也没有必然联系。春荒看似最严重的时候,死人未必多(如1953年、1955年、1957年);春荒看上去不严重的时候,死人反而可能很多(如1956年、1958年)。除了土改结束后的1953年、1954年,以及中共中央集中力量整风和反右的1957年,死人数字有所减少外,其余年份,如土改期间,合作化高潮期间,以及1958年“大跃进”当年,都是饿死人最多的时候,而且新中国成立后愈久,非正常死亡人数还有愈来愈多的严重趋势。

    除了粮食生产条件差异很大,产量高低、粮食余缺的情况极端复杂,会持续造成部分地区农民生存条件恶劣,每年都会因缺粮发生春荒,甚至饿死人的现象外,中国的粮食生产还受到自然条件的极大制约。即使是粮食丰产区,粮食产量和农民的生活,也一直毫无保障。因为,无论是全国性的,还是各地插花式的局部性的各种水、旱、雹、霜、虫等灾害,年年都有,极端落后的自然经济生产方式使农民几乎无力抗拒灾害。仅以官方统计的新中国成立初期历年水、旱、雹、霜所造成的农作物受灾面积和损害情况,即可看出此种灾害对农民伤害的范围有多大,程度有多重。

    表2中的数据显示,新中国成立后的最初几年中,大陆地区每年因水、旱、雹、霜而受灾的耕地面积,几乎都在亿亩之上,最少的1952年都达到1.37亿亩。成灾面积每年都在数千万亩到一两亿亩上下。其中1951年最低,为5663万亩;1957年最高,为4.37亿亩。以平均亩产100斤计算的话,1亿亩耕地成灾就相当于损失粮食近百亿斤,在粮食产销高度紧张的情况下,就相当于3500万农民几乎损失了一年的口粮。而且,如表2中统计的,这些灾害还会直接造成农民人身和财产的损害。每年倒塌或被淹毁的房屋几乎难以计数,多则达上千万间,少则也有二三十万间。每年因受灾死亡的人数也都在数千人左右,1950年最高,约为2.3万人;1953年最低,也有近3000人。每年损失如此严重,再加上每年三四千万农民严重缺粮,再不加区别或甚少区别地向农民硬性摊派征粮,其后果自然可想而知。

    新政权的粮食征、购究竟在多大程度上可能影响到农民的生活,表3应该能够有所说明。[8]

    表3显示,新中国成立后,粮食产量是稳步增长的,粮食征购量也在增长,但两者增长不仅完全不同步,而且征购数字表现出极大的跳跃性。不仅新中国成立后的最初两年,包括1953年,即实行统购统销的第一年,征购率的增长幅度都很大,以后又不得不连续两年下调征购量。这种情况清楚地反映出新中国成立初年在征粮工作上存在着很大的盲目性,征购数量及其政策都极不稳定。

    依据多年征购的经验,毛泽东后来曾经讲过,只要征购额不超过粮食实际产量的1/3,农民一般就不会“造反”。[9]表3显示,统购统销第一、第二年度的征购比例都已超过30%了。这也是为什么当时农村反响极大,农民闹事现象频发的一个原因。当然,征购量大,并不见得一定会直接造成农村的饥荒现象;征购量小,也不一定就能让农民吃饱肚子。因为它还和政府对农村的粮食返销量有关。对于这里面的一些复杂关系,我们把表1、表2、表3抽项合并起来加以对照,应该能够看得更清楚一点。

    由表4可以发现:

    第一,粮食增产对农民因灾或饥饿死亡的多少不发生任何影响,持续的粮食增产并没带来农民死亡人数的必然减少。粮食持续增产,农民因饥饿非正常死亡的人数却几度大幅增多。

    第二,自然灾害的轻重与春荒断粮程度及农民非正常死亡多少,并不发生直接的因果联系。即自然灾害重,春荒不一定重;春荒程度轻,农民因饥饿非正常死亡的人数却不一定少。除1950年春荒和农民非正常死亡人数上升可能与1949年自然灾害较重,同时战争尚未结束等各种因素影响有关外,其他年份的情况就看不出这方面的因果关系。如1954年全国性水灾,当年伤亡人数很大,但次年却并没有发生特别严重的春荒现象,尤其是没有造成大量非正常死亡的现象。同样,1956年受灾面积较大,因灾死亡人数也较多,当年春荒是开国以来倒数第二轻的,农民非正常死亡人数竟破了万。尤其是1958年,无论受灾程度,还是春荒程度,看起来都是开国以来最低的,当年农民非正常死亡人数却是前所未有的多,竟然达到了将近5.8万人。

    第三,征购量比重的高低与春荒程度及农民非正常死亡数量之间也不必然构成正比。1957年度的粮食征购量可谓是新中国成立以来最低的,1958年农民非正常死亡人数却空前的高。1953年、1954年两年的征购量都超过当年粮食产量的30%,但这两年,包括1955年,农民非正常死亡的人数却并不多。当然,陈云当时有过一种解释,说是“一九五三年统购粮食的时候,农民手内还有过去若干年的粮食积蓄”。次年粮食虽然更紧张了,农民还可以杀猪宰牛把饲料挤出来并卖些钱出来换粮食。[10]但只要了解新中国成立初年粮食征购比例之高,注意到1949~1952年度农民非正常死亡的高数字,就会发现,说1953年时农民手里还有若干年粮食积蓄可用,未必是一种合理的解释。

    由于表4依据的农村因伤害死亡和饿病死亡的数字来自于国家统计局和民政部极不全面的统计数字,因此它比较得出的相关性或因果性肯定不会十分准确。但从比较可靠的粮食征购数字和气候资料都可以肯定,1956年度、1957年度粮食征购量是不高的,自然灾害的程度相对也较低,政府相关部门却统计出农民因饥饿而死亡,以及牲畜死亡,都双双创下了历史性的纪录。这一关系情况还是可以提醒我们,在粮食征购问题之外,一定有更严重地威胁到农民生计的其他因素存在。

    查1956年度、1957年度造成农村恐慌性危机的最主要原因,应该是农业合作化运动高潮的兴起,和群众性因对高级合作社不满而发生的退社风潮。毛泽东1959年批评人民公社“一平二调”、刮“共产风”,说公社化至少有“十统”,统税收、统统购、统积累、统生产费、统公益金、统管理费、统工业、统文教、统收入,不算各种义务劳动,光这些就把农民收入统得很少了。[11]这话虽然是两三年后说的,但不难想见,这样的情况在1956年~1957年农业合作化运动中其实就已经开始暴露出来,并造成了相当负面的,甚至是严重的后果。有关这方面的情况,在研究合作化运动的著作中已经有所披露。[12]

    二、中共中央对农民粮食问题的认识

    在中共中央,需要直接面对农民粮食问题的,首先是主管经济工作的负责人,开始如中央财经委员会主任陈云和副主任薄一波,以后是由地方调京进入中央政府担任副总理,主管经济或农业工作的李先念、谭震林等。而受命主管全局性的经济工作,也就决定了他们是最早依据自身工作职责,而非基于政治立场,来面对农民粮食问题的中共中央领导人。

    1950年3月20日,当时主持经济工作的陈云和薄一波曾针对许多地方担心可能发生严重春荒电告各中央局领导人说:去年水灾全国淹掉耕地12156万亩,比1931年大水灾少淹地3629万亩,灾民估计4000万人,也比1931年要少1271万人。而去年全国收获粮食则比1931年多收获72亿斤,故“可以说今年粮食供求情况,将不比一九三一年坏”。除市场调剂以外,国家还可以拿出90亿斤粮食在关内出售,如以每人每年粮食消费为264斤米,即每天7两半计算,仅此一数目的粮食即可供3400万人的全年食粮。“关内全部城市人口不超过九千万人,而三分之一以上的城市人口由国家供应粮食,在公粮征收之后,国家以如此大宗公粮供应市场,保障民食的办法,在国民党统治时期是没有过的。”因此,他们相信,“即令今春迟雨,只要不是大旱,则我们以为今年春荒可以渡过。即令今春大旱,则粮食的最大困难,也不在今年,尚在明年,还有时间来解决明年的困难”。[13]

    从经济工作的角度出发,具体说明粮食问题的现状,让各地党政领导人明白中央对全局掌握的程度,这是陈云和薄一波等领导人分内的工作。而值得注意的是,电报中看似不经意地提到了一个事实,即“中国农民吃粮是有弹性的,粮贵就会吃少,吃粗,吃稀”,却清楚地表现出作为中央一级经济工作主管,他们自新中国成立伊始考虑这类问题的侧重所在。

    当年年初,中央政府即已下令在全国范围内征收公粮。作为共产党的政权,公粮征收规定是有鲜明的阶级倾向性的。通常情况,贫农只需要负担其全部土地常年总收益的5%~10%,中农15%~20%,富农25%~35%,地主40%~60%。[14]但公粮总的征收额却很高。政务院明文规定,中央政府征收的公粮应占农业总收入的17%,地方政府附加公粮应为15%,两项合计等于占到农村实际总收益的32%。对个别富裕农户,如地主等,“最高者不得超过其农业总收入的60%”,特殊者应控制在80%以内。[15]

    此一征粮比例的规定,显然是中共中央主管政务,特别是主管经济财政工作的领导人,基于中央及地方政府现实需要制定的。他们并非不了解社会大众生存状况。政务院的文件就公开讲:目前经济形势十分严峻,“全国人民经过了十二年战争和通货膨胀之后,生活已极困难”,因此一切工作都要从稳定物价、恢复经济着眼。[16]陈云也如此看,但从全局的角度看问题,他更多注意的却是对政府来说更具积极意义的一面。比如他也讲十二年战争的影响,而他讲的意思却不一样。他指出:“十二年战争之后,全国农田产量降低了,民间粮食的存底也薄了。但又要估计到,由于十二年来的通货膨胀,城市人民为了减少货币跌价的损失,大多购存了一定数量的粮食。就粮食的消费说,因为长期战争造成的贫困,人民吃粮的数量是有弹性的,在粮贵的情况下,一般可以吃得粗一点,稀一点。”[17]

    所谓主管经济,在新中国成立之初,其实就是管钱、管粮。新政权刚刚建立起来,国家尚未完全统一,战争还在继续,再加上天灾不断,灾民数量巨大,到处都在向中央要钱、要粮,陈云最缺的也是钱和粮。他这时除了当救火队长,帮助必须救助者协调调集粮食外,所能做的,就是告诉各地,也是告诉中央其他领导人:城乡居民多半是能够想办法自助的,无非是“吃少,吃粗,吃稀”而已。

    但是,毛泽东就不同了。作为中共最高领袖,毛泽东这时并不具体负责经济工作,他管的是更大的全局,是主导一切的政治方向和政策问题。熟悉历史的他,深知开国之初总要轻徭减赋,与民更始,不仅为赢得民心,更重要的是要让久经战争之苦的百姓有一个喘息的机会。因此,当他发现公粮征收比重太高时,马上就表示反对。注意到中央财政部提出1950年公粮征收额要超过1949年80亿斤,达到259亿斤的计划,他即直言批评,称此一计划“包含着严重错误,应予取消”。他据此明确告诉陈云:“今年夏征要减少,秋征也要减少一点。至于税率,我看在三、五年内,一般的不提高,一部分还可能略为降低一点。”[18]

    根据毛泽东的要求,中央财经委员会不得不调整了公粮征收比例,并再度经由政务院公告,说明中央政府征收额度将不超过13%,地方则不得超过15%,总额下调到28%。[19]

    不过,这一年秋冬抗美援朝战争就打响了,中央原先的财政预算被大大突破,为解决凭空增加的宠大军费开支等问题,中央财委马上想到了提高征收总量的办法。面对各方疑虑,陈云解释说:“增加公粮附加,征收契税,酌增若干种货物税、进口出口税等等,共有几十亿斤小米。这些大部都落在农民头上,农民会不会不满意?这是必须考虑的。”但这是没有办法的办法。他认为,只要“加强对贸易部门和合作社的领导,并且发展农村信贷,向农民赊购,用农民的钱来给农民办事”,农民增加一些负担就不会出问题。[20]因此,1951年国家财政除了多发大量公债以外,农业税地方附加又增回到20%的水平了。[21]

    在新中国成立初期,中共中央经济工作领导人除了相信农民口粮的伸缩量很大外,还相信如果能够帮助农民把占其总收入15%的土特产品和手工业品卖出去,即还可从农民手中换回15%的粮食,这是他们当年认定可以解决新增预算问题的一个重要思路。促进农村贸易,帮助农民出售土特产品和手工业品的办法也确实见到了一定的成效,但在粮食总产量有限的情况下,这种办法并不能解决多大的问题。一方面是军费开支浩大,工业建设的发展促使工矿区及城镇人口在逐年增加;一方面是各种自然灾害频发,中央政府必须到处救灾,必须要掌握到相当数量的机动粮并储备起来。不仅如此,1951年5月,陈云还相信:土改会促进粮食产量的迅速提高,因为,按以往老解放区的经验,“农民分得了土地以后,舍不得穿,舍不得吃,尽一切力量投资到生产里头去。农民有了牲口,有了水车,再加上劳动互助,生产就发展了”。他并且设想过国家不要搞那么多仓库,尽量藏粮于民,说“储备粮食,最主要的是靠老百姓。年成好的时候,就号召大家多积谷。每个农民积十斤就是四十亿斤,积十五斤就是六十亿斤”。[22]而半年后他就发现,情况完全不是那样。农民分得土地,生活条件改善的最主要表现,就是“多吃”。最让他吃惊的,是农民有了钱,“没有粮食的要多买一点粮食,有粮食的要多吃一点,少卖一点。结果我们越是需要粮食,他们越不卖”。1952年到1953年一年左右时间政府粮食销售增加了一百多亿斤,都跑农村去了。照他的看法,就是因为这种情况,农民“每个人每天多吃一两粮食,全国农民一年就要多吃一百亿斤”。[23]

    1952年,陈云就已经注意到农民消耗粮食大幅增加的迹象,开始派人着手调查。薄一波还亲自带人去他工作过的华北老解放区做了几十天的调查,并得出了与陈云印象相同的看法。他交出的报告说:“过去山区农民一年只吃上十顿的白面,现在则每个月可以吃四五顿、七八顿,面粉需求量空前增大了,这是国家收购小麦困难的主要原因之一。”[24]粮食部的调查结果也证实,1949年农村人均消费粮食不过370斤,1952年却增加到440斤,每个农村人口多消耗粮食70斤。仅此一项就多消耗了350亿斤粮食,相当于1952年粮食总产量的10.67%,比1951年国家公粮征收的总额还多。[25]由于相信农民完全可以“吃少,吃粗,吃稀”,挤出多生产的粮食给国家,故还在1952年初,陈云刚一发现这种情况就已经认定,不能让农民这样消费粮食,一定要用行政手段把粮食全面控制在政府手中不可。他明确提出:“由于今后若干年内我国粮食将不是宽裕的,而且城市人口将逐年增加,政府还须有粮食储备(备荒及必需的对外贸易),因此征购粮食是必要的。”[26]

    为了多收粮食,中共中央相关部委其实想过各种方法,有从水利建设上设法的,有从农田耕作技术上设法的,财政部参照苏联经验,原先也通过核定全国耕地面积及常年应产量订定征收数额的所谓“查田定产”的办法,想以此来从农民手里找出和挤出更多可能被“隐藏”起来的粮食。[27]很显然,鉴于以公粮形式征收的农业税最多时几占政府财政收入的三分之一,少时也占到财政收入的百分之十几,[28]中共中央提出的任何一项计划,都需要靠财政部想方设法来筹措金钱予以财政方面的保障,因此,负责财政工作的领导人职责所在,只能竭泽而渔地用尽一切手段。而他们转经中共中央下发指示,各地负责干部千方百计超额完成中央税征收任务,也就在所难免。

    只不过,这种财政观点,并不是毛泽东这时看问题的角度。不仅如此,毛于百忙之中偶得一空,注意到农业税负担问题,每每还疑窦丛生,并发出种种反对的声音。

    比如1953年4月15日,财政部长薄一波正式报告,请示1953年征收农业税概算,考虑在1952年实征数348亿斤的基础上再加征22亿斤,同时并发行40亿斤的公债,以满足该年度的国家财政开支所需。[29]第二天,毛泽东就做出批示,明确表示了反对的态度。毛反对的基本出发点是因为他注意到当年春荒情况相当严重,较上一年来得早且影响面广得多。[30]年年发生春荒现象,且今年情况如此严重,这让他在思想上对农业税负担问题倍生疑问。为什么1952年粮食明明增产很多,前度也已经减低了征收额,农民的基本生活问题仍旧解决不了呢?在这一年春荒如此严重的情况下,他不仅认定粮食税绝不能再加征数量,而且相信在粮食税征收过程中,尤其是在各地反映强烈的查田定产评定公粮征收数量的工作中,一定存在不少问题。因此,他很严厉地批示道:“农业税中存在的问题很严重,据湖北报告,有十分之一的人口春荒断粮。大概全国农业人口中有四千万人左右到春季都要闹荒,这是一个极大的问题,年年如此。必须从今年征粮中开始认真解决此问题。今年是否应比去年加征十六亿斤和发四十亿斤公债,也值得再考虑。”[31]

    因为毛泽东的反对,财政部不得不把1953年预算中农业税方面的数额,大体仍旧维持在1952年的水平上。6月5日,经财政部上报,以政务院名义发表的关于1953年农业税工作的指示中明确规定:“1953年的农业税税率,一般仍按1952年的税率执行。”指示特别批评了此前征收工作中“不实事求是地按照政策办事”的做法,强调凡“不实事求是地按照政策办事,无论达到或超过指标数字,或达不到指标数字,都是错误的”。指示还在事实上叫停了财政部用查田定产挤压农民手中余粮的做法,提出:“今后征收公粮必须按照各地不同情况分别处理,在未完成或未进行查田定产地区一般应停止进行查田定产工作,公粮征收标准可根据各地土地改革时群众评定的和历年征粮工作中初步调查的田亩产量材料,参照当地当年生产丰歉情况,并通过群众民主评议,加以调整和规定。在已推行查田定产的地区,过去定产有畸轻畸重以致引起群众不满者,需加调整,过低的可以提高,过高的必须降低。”[32]

    三、毛泽东减轻农民负担的尝试

    20世纪50年代中期以后的毛泽东,给人的印象十分激进。从1956年反“反冒进”,到1958年“大跃进”,他似乎处处都表现得十分亢奋冒进。但如上述可知,新中国成立初期的毛泽东,在中共中央领导人当中却明显地是属于稳健派,而非激进派。包括在粮食问题和在对农民的态度问题上,他都曾经表现得比较谨慎小心。

    新中国成立初期毛泽东最重要的策略思想,就反映在所谓“不要四面出击”的主张上。他的基本观点很清楚:“我们绝不可树敌太多,必须在一个方面有所让步,有所缓和,集中力量向另一方面进攻。”“四面出击,全国紧张,很不好。”[33]

    1950年4月,毛泽东在谈及经济财贸工作时就发出过类似的指示,即提出:“不要垄断一切。”他的意见是:“只能控制几种主要商品(粮布油煤)的一定数量,例如粮食的三分之一等”即可。[34]他并且已经注意到许多干部在征粮收税和催缴公债等项工作中强迫命令,作风恶劣,因此特别提醒各中央局领导人说:对此必须严加整顿,否则“即将脱离群众”。当他看到河南淮阳地区征粮工作中干部硬性摊派,迫使农民卖牲口、卖树、卖青苗和四处借债的报告材料,也马上批转给各地,直至省区地市党委,要求他们高度重视这类“极端恶劣现象”的发生,“引起极大注意”。[35]

    毛泽东这时对农民负担问题表现得很重视。同在4月,通过民主人士得知浙江、苏南出现灾情,他不仅去电华东局了解情况,而且还将来件批给主管经济财政工作的陈云和薄一波,特别提出:“浙江、苏南以不征夏收(粮)为好”,“其他灾情严重区域是否征夏收(粮),亦请考虑”。[36]

    5月间,时任政务院副总理的民主人士黄炎培写信给他,对苏南三县灾情严重,当地干部“征粮不但不减免,且要重征,以致三县农民种子没有,肥料不施,食粮不足,农民体力大减,难于下田工作”的情况,表示颇难理解。毛得信后,也是马上去电华东局书记饶漱石,要他派人来京将苏南征粮偏差及纠正情况,春耕中食粮、种子、肥料等如何解决种种情况,向中央做出详细报告。[37]

    毛泽东这时已是高高在上,上述意见或表示,多半都是从民主人士或群众来信中得来然后转发并建议,他本人虽相信确有其事,但他的意见却并不都能被负责经济工作的中央领导人或主管地方工作的领导人所接受。中共党内,从中央到地方各级负责干部,对于任何来自于那些被认定为代表地主资产阶级的民主人士的意见和反映,更是不以为然。就像被黄炎培告状的中共苏南领导人所说的那样:我们是对中央负责的,不管这些民主人士讲什么,其结果都是一样,我们该怎样做还要怎样做,中央是信任我们的。[38]

    不过,涉及到一些一望而知必定会增加地方,特别是要增加农民负担的做法,毛泽东有时还是能够反对到底的。

    如前述中央财政部计划1950年征收农业税259亿斤粮食的方案,他就坚决表示了反对。他随后还将此事在1950年5月20日特别电告了各中央局负责人,说明:此一计划“超过今年实际征收额八十亿斤之巨”,且“未经中央及中财委批准,包含着严重错误,应予取消”。他特别强调说:战争刚刚停下来,一切百废待兴,“今年夏征要减少,秋征也要减少一点”,要给农民恢复和喘息的余地。他对粮食问题的意见,就是要“少征多购”。[39]在他看来,征是从农民手里白白拿走粮食,拿得越多,就越招农民反感。苏联的“余粮征集制”,就极大地恶化了政府和农民的关系,造成了苏联粮食问题长期得不到解决。因此,他坚决反对多征。至于购,他认为是政府和农民互利互惠的事情。因为政府出钱从农民手里买粮,只要价钱公道合理,农民肯定是愿意卖的,至少不会有被人白白拿走粮食的感觉。

    基于这种心态,毛泽东对中央下发的任何涉及农民负担问题的文件也都会格外注意。如中财委1950年5月草拟、政务院准备下发的有关夏征公粮决定的行文,他就敏感地看出问题来。他为此很不客气地函询时任政务院总理的周恩来说:“此两件你是否看过?其中未规定不许各级层层摊派负担,并且说‘各大区提意见报中财部备案即可’,是否又有层层加重的危险?是否有去一电叫各地不要层层加重之必要,请酌办。”[40]

    毛泽东所以会担心地方钻中央文件的空子,层层加码,加重农民负担,根本上是因为他早就意识到很多地方上发生的恶性事件,往往并非中央政策所导致,多半是地方利用中央政策指导上的疏忽,层层加码的结果。问题是地方政府有权自行征收附加税,中央虽下令降低过征收比率,但政策上并不反对超额,甚至因中央财政紧张,还鼓励超额。因此,对于地方层层加码,中央实际上根本无法有效控制。毛泽东批评归批评,类似的事情照样还在发生。

    财政部一年后的总结报告即承认说:1950~1951年度各地征收的农业税,因政务院规定涉及具体税率可由各大行政区人民政府根据当地具体情况拟订,报经政务院核准即可,结果,本年度全国农业税的征收任务比去年增加了10%,新区税率比中央分派的任务更高了不少,一般超过中央所派任务的5%~20%。“今年农民负担加重不只10%,新土地改革区下层群众加重尤多。”[41]

    在1951年整整一年的时间里,毛泽东很少再继续跟进监督农民负担问题的具体处理结果。因为,从1950年10月开始,对外抗美援朝、抗法援越,对内土改、镇反、“三反”、“五反”,援外作战与政治运动一个接着一个,一连两年不曾消停,毛泽东关注的重心也不能不发生了转移。但他对陈云抗美援朝开始后提出的增加农业税和号召战争捐献的意见,还是表示了不同看法。[42]1952年上半年上述事件和运动稍有停歇,他就马上又开始注意起农民负担问题来了。

    1952年上半年,在毛泽东亲自督导的“三反”运动中,他就发现各地方财政系统和军队后勤系统中太多“随意增派公粮”和“乡村的摊派现象”,各地公粮超征数目巨大。[43]对此,毛几度批示整治,中共中央基于统一财政经济工作的需要,也迅速进行了配合。故1952年6月16日,政务院即就新的农业税征收工作发布指示明确宣布了新的决定。即“全国各地农业税的地方附加,一律取消。今后对农业只由中央统一征收一道农业税,不再附加”。新的征收方法,应“贯彻查田定产,依率计征,依法减免,逐步实现统一累进”。新解放区马上开始施行统一全额累进税制,累进税率从7%起到30%止。老解放区1952年暂仍采行比例税制,1953年改行累进税制。[44]

    政务院所规定的新的全额累进税率的征收比率从7%起可以到30%,实际征收额度并没有较此前真正有所减少。因此,问题依旧不断在出现。如1950年毛泽东曾关心过的浙江、苏南受灾应否减免夏征的问题,在1952年10月的时候又浮现出来了。起因还是陈云转来一份材料,内中提到,苏南青浦县有个小蒸乡,农民负担太重,急需解决。[45]毛泽东因此想起当年浙江、苏南受灾地区减免问题,找来薄一波当面询问后来的处理结果。薄报告称,1950年受灾的浙江、苏南两区,虽根据毛的建议当年针对具体灾区有所减轻,但次年征购时两地的政府为了把头一年的亏欠补回来,盲目加大了征购量,引发了大量农民抗议,甚至发生了自杀事件。1952年初华东局也了解到这一情况,并根据中财委的意见,决定退还农民一部分粮食。但从小蒸乡反映的情况看,这件事似并未落实。

    毛泽东听后即致信时任华东局第三书记的谭震林,要求华东局马上派出两个调查组,一个往浙江,一个往苏南,到几个县调查十几个乡,专门了解农民欠粮及其他负担的实情,以回答退还多征农民粮食的决定落实了没有:“两区共退了多少?解决了多少人的问题?今年收成如何?征粮数是否大大减轻了?”他再度强调说明:“过去因负担太重无以为生的农民,必须切实解决救济问题,今年征粮必须不超过中央规定的比率,大大减轻民负。”[46]

    毛泽东因为从来反对单纯从经济、财政观点看问题,因此,他在面对这类问题时表现出来的态度,与直接负责具体经济、财政工作的陈云、薄一波等人就明显不同。一旦认识明确,他所提的解决办法就会十分爽快、彻底。与1950年他要求削减农业税任务指标,要求减免浙江、苏南两区夏征公粮任务一样,1953年春天,当他注意到一些地方灾情严重,基层政府照旧基于任务观点不惜向困难中的农民超征超购时,他的反应就是要“减”和“免”。他为此不仅严厉批评了财政部1953年度的加征公粮计划,而且毫不含糊地提出:对所有受灾地区应该“大批减,大批免”。他并且直言提醒薄一波等人说:这次要吸取1950年浙江、苏南不彻底减免的教训,“不应再有犹豫”。[47]

    1953年农业税征收政策因此有了较大幅度的调整与改变。政务院当年的农业税征收工作指示宣布:今后要坚决实行“种多少田地,应产多少粮食,依率计征,依法减免,增产不增税”的负担政策。且“今后三年内,农业税的征收指标,应稳定在1952年实际征收的水平上,不再增加”。目的在于“使农民得以休养生息”。[48]这一新政策的实施,明显地减轻了多数农民的负担,其效果也直接反映在当年许多地区的粮食产量和农民对征粮工作的态度变化上。以上海郊区为例,当年粮食和棉花耕种面积比新中国成立以来几年都要少,但是单位产量和总产量却比前几年都有较大提高。农民交粮时,也再未发生几年来几乎每年都会发生的普遍性的拖延和反抗现象。[49]

    四、“一五”计划实施后毛泽东态度开始变化

    不过,中国粮食紧张的问题并不会因为毛泽东这种简单的干预得到改变。减也好,免也好,在粮食产量增长有限而工业建设大量上马的情况下,只会增加政府财政负担和粮食分配困难。1953年农民负担相对减轻,政府的粮食销售和市场供应就迅速出现了问题。当年夏秋,由于市场粮食供应紧缺,中共中央高层开始一致忧心粮食发生问题,要求统购统销,学苏联全面垄断粮食的倾向立即在党内占据了上风。这种情况也使毛泽东原有的农民立场,开始发生改变。

    1953年是第一个五年计划开始实施之年,五年计划第一年能否达成任务目标,对中共中央,包括对毛泽东来说,都具有异常重要的意义。1953年也是毛泽东宣布“过渡时期总路线”,决心要用10年~15年时间建成社会主义,[50]开始正式向社会主义过渡的启始之年。这一重大政治目标能否达成,第一年的头开得如何,对毛泽东和中共中央来说,更是至关重要。

    恰恰就在这一年中共中央鼓足干劲、信心满满之际,却发生了让毛泽东和中共领导人无不倍感沮丧和担忧的严重情况。这就是,原定农业生产的主要项目,粮、棉的增产计划完不成了。不仅生产任务完不成,而且粮、油供应还突现紧张情势,各大中心城市库存急速下滑,国家粮食储备几个月少了40亿斤。在6月召开的中央财经会议上,与会者都意识到粮食出问题了。周恩来不得不给正在养病的陈云去电话,征询他的意见。而几乎所有中共领导人都相信,问题的症结出在农民的自私本能上。[51]

    就在这样一种严峻情势下,民主人士梁漱溟竟在政协常委会议上发言批评中共进城后忽略了当年流血牺牲的广大农民,声称城里的工人与乡下的农民,如今生活几等于两重天,有“九天九地”之别。正处在进退维谷中的毛泽东听了此话不免大为动怒,抑制不住地在会场上训斥起梁漱溟来了,痛斥梁是“班门弄斧”,挑拨工农关系。[52]

    毛泽东的激烈反应,其实突显出他这时内心里的纠结与苦恼。几年来,他年年读到农村发生春荒,农民外出讨饭、卖送儿女,甚至饿死病死的报告,他也经常在设法想要减轻农民的负担,让农民生活得好一点,希望找到一条不同于苏联的农业社会主义的发展道路。结果却总是不能解决问题。梁漱溟的批评,无疑戳到了毛的痛处。

    但是,也正是在这次讲话中,毛泽东对农民问题的看法显现出了某种微妙的改变。他当时在会场上不冷不热地讽刺梁漱溟说:有人不同意我们的总路线,认为农民生活太苦,要求照顾农民。这大概是孔孟之徒施仁政的意思吧。然须知有大仁政小仁政者,照顾农民是小仁政,发展重工业、打美帝是大仁政。施小仁政而不施大仁政,便是帮助了美国人。[53]这句话的言外之意就是,在中国走向工业化和捍卫独立的过程中,农民不能得到太多照顾,这是不可避免的。

    毛泽东在这里讲的“大仁政”、“小仁政”,其实指的就是共产党人革命逻辑中的“长远利益”、“整体利益”与“眼前利益”、“局部利益”的关系问题。所谓“大仁政”,指的就是那个“长远利益”和“整体利益”;“小仁政”,指的就是那个“眼前利益”或“局部利益”。眼前利益固然重要,但为了实现革命的长远利益和整体利益,往往必须牺牲眼前利益、局部利益,特别是个人利益,在共产党看来,也是一种天经地义。[54]

    在这个时候,毛泽东所面临的一项重大政策选择,就是要不要实行统购统销,用牺牲农民这一“眼前利益”和“局部利益”,以换取社会主义革命的“长远利益”和“整体利益”的主观需要的问题。

    为什么只能走统购统销的路,陈云对此讲得很清楚。他指出,目前全国粮食情况非常严重,一些主要产粮区未能完成粮食收购任务,而粮食销售量却在不断上升,京、津两地的面粉已不够供应,到了必须实行配售的地步。如不采取坚决措施,粮食市场必将出现严重混乱局面。其结果必将导致物价全面波动,逼得工资上涨,波及工业生产,预算也将不稳,建设计划将受到影响。基于苏联的历史经验和中国粮食产量增长无法跟上第一个五年计划建设需要的现实,统购统销这条路早晚都得走,越拖得久就越被动。[55]

    作为共产党人,陈云非常清楚这一政策选择可能带来怎样的危险。从阶级观点出发,农民理当是新政权的主要支持力量,国家经济财政所依赖的粮、棉、油等重要战略物资的生产,也掌握在农民手里。苏联战时共产主义采用余粮征集制造成的农民反抗,更是严重的前车之鉴。何况,他也很清楚毛泽东在农民问题上的立场,一旦得罪了农民,惹出了大乱子,他也承担不起这样大的责任。但他到底在具体负责中央乃至整个政府的经济财政工作,他的一个考虑问题的出发点是:“如果继续采取自由购买的办法,我看中央人民政府就要天天做‘叫花子’,天天过‘年三十’。”而这样下去的结果是肯定的:“粮食市场一定要混乱。这可不是开玩笑的事情。”因此,他只能寄希望于共产党历史上的工作经验。他提出:“我们共产党在长期的革命斗争中,跟农民结成了紧密的关系,如果我们大家下决心,努一把力,把工作搞好,也许农村的乱子会出得小一点”;“逼死人或者打扁担以至暴动的事”,出得少一点;对农民生产情绪的影响,能尽量轻一点。[56]

    长期以来,毛泽东不是不了解列宁及俄国共产党人把农民与“小农”、“自私”、“保守”、“落后”划等号的观点。苏维埃革命时期,他也从批评“绝对平均主义”的角度,个别时候使用过“小农经济”和“农民小资产者”的提法。[57]新中国成立前夕,为表明自己对社会主义过渡各项任务和目标的了解,他也特别注意讲过:“只有工人阶级最有远见,大公无私,最富于革命的彻底性”,实现社会主义及其工业化,“严重的问题是教育农民”。因为“根据苏联的经验”,对于分散的农民经济,“需要很长的时间和细心的工作,才能做到农业社会化。没有农业社会化,就没有全部的巩固的社会主义”。[58]但在过去,他对中国农民的作用和觉悟是高度肯定的,这使他很少真正像列宁、斯大林那样,认定农民与社会主义长远利益、整体利益存在着格格不入的重大隔阂。

    毛泽东思想转变的一个重要原因,显然是1953年大规模工业生产计划的启动,这是毛泽东雄心勃勃地准备迈向社会主义的重大尝试。要在中国这样落后的国家里像苏联那样以最快速度实现工业化,就要加速农村的社会主义改造,把个体农民很快组织到农业集体化的组织中去。很少人不明白,这实际上是在向亿万个体农民“开战”。但在毛泽东看来,却不是这样,基于以往革命战争年代的体验,他内心里还多少相信,大多数贫苦的中国农民是有觉悟的,是会欢迎和拥护社会主义的。

    4月11日,中共中央就已经开始发出指示,首次明确地把粮食紧张的部分原因归结到农民身上。文件称:“粮食的生产,仍然是建筑在分散的使用旧工具的小农经济的基础之上,产量在一个相当时期内还不可能希望有飞跃的提高。同时,在土地改革后,农民生活逐渐改善,他们正在改变着过去半饥饿的状况,部分农民已能够储存少量粮食备荒。因而,农民每年增产的粮食,不可能全部或大部投入市场;这就是说,虽然粮食是增产了,但商品粮不能有相应的增加”,国家在调度粮食上不可避免地会发生很多困难。[59]

    5月25日,中共中央进一步发出指示,一方面根据毛泽东的意见,严厉地批评了许多干部不关心农民疾苦,强迫命令,违反政策,过分加重了农民的农业税负担,“引起了农民的不满,大大地损伤了农民的生产积极性”;一方面再度告诫各级干部,粮食供应的任务越来越重,“保证城市和工业所需的粮食供应,将是一个经常的繁重的战斗任务”,而“要从分散的小农经济的农民手中,购买如许大量的粮食,是一件不容易的事情”,必须要找到正确的办法才能办到。[60]

    到9月下旬,随着粮食市场高度紧张的现象出现,中共中央已经不能不明白告诉全党:“随着经济的恢复和发展,我国粮食的需要量正日益扩大;而以小农经济为基础的商品粮食产量增长的速度,却远远赶不上商品粮食需要额增长的速度。加以今年部分地区灾情比较严重,这些地区的粮食收成受到很大影响。”以至于粮食收购计划无法完成,粮食销量却大大增多,“这种依靠个体农民零星出售(粮食)的收购工作的艰巨性”,已经显露无遗了。国家如果不能掌握绝大部分的商品粮,市场就无法稳定,各项建设任务就无法完成。[61]

    所有这一切现实的和理论的问题,终于迫使毛泽东在被迫接受陈云统购统销的政策时,也在思想上部分地改变了他此前的农民立场。

    10月初,毛泽东第一次把他长期以来所强调、所重视的“农民”,与列宁、斯大林笔下的“小私有制”的“小农”直接划上了等号。他在关于同意实行粮食统购统销的讲话提纲里特别写道,农村问题之底,首先就在这个“小农”问题。他开始同意下述观点,即:“小农经济增产不多,而城市粮食的需要年年增长,如果我们能够做到城市、乡村不同时紧张更好,但恐怕办不到。”[62]作为列宁主义者,毛泽东不仅对实现社会主义社会充满渴望,而且认定所有制问题是解决一切问题的基本前提。因此,当他注意到农业生产力的落后,与现有的这种农民“小私有制”密切相关时,那么,在他看来,解决粮食问题的关键,也就找到了,即必须要解决所有制问题,即要把个体所有制变为集体所有制,实现农业合作化。用他的话来说,只有改变农民的小私有制,“才能提高生产力,完成国家工业化。生产力发展了,才能解决供求的矛盾”。[63]

    想通了这一点,他自然也就彻底摆脱了那个“大仁政”和“小仁政”问题的困扰了。薄一波回忆说,毛泽东在10月2日政治局讨论统购统销决定的会议上,特别提到了苏共十九大马林科夫举出的关于苏联成功依靠农业集体化解决了苏联粮食问题的成功例子,为与会者打气。他进而在几次谈话中都肯定地说:“保护农民”是一种错误思想,迁就农民小私有者的本性,等于迁就资本主义,等于推迟工业化的建设和实现社会主义。统购统销,共了农民的产,农民可能不满。但是,确保农民的私有财产,确保农民的自由,“只能有利于富农和富裕中农”,从而有利于资本主义。他开始提出:“对于农村的阵地,社会主义如果不去占领,资本主义就必然会去占领。……如果不搞社会主义,那资本主义势必要泛滥起来。”[64]他特别强调说:实行农业集体化的根本目的在解放生产力,因为“个体农民,增产有限,必须发展互助合作”。“只有在农村中一步一步地实行社会主义的制度,才能使农业生产和农民生活一步一步地和普遍地获得提高。”[65]

    五、毛泽东与中共中央难分难解的矛盾

    1953年底开始实行的粮食统购统销,一下子就解决了政府此前掌握不住农民手中的粮食这个大问题。最初开始实行统购统销时,由于毛泽东一再强调可以摊派,但要合理,要控制,数字不要太大,因此,中央业务领导人没有把当年度的征购指标定得太高,只订了708亿斤。然而,该年度结束一算,没有费力就征购到了825亿斤。[66]

    1954年,陈云的胆子大了起来,一下子把征购任务提高到了868亿斤,最后实际征购数竟超过1953年70亿斤之多。过去征粮购粮那样困难,还动辄春荒、死人,如今这么大的增长量,有没有危险呢?按照陈云1955年的计算,完全没有危险。他说:“一九五四年,全国粮食产量约三千四百二十亿斤原粮。除去征购八百六十亿斤,折合原粮一千零二十亿斤外,农民剩余二千四百亿斤,再加上国家销售给农民约三百五十亿斤,也不过二千七百五十亿斤。按农民五亿人口计算,每人平均留粮包括种子、饲料在内约五百五十斤。”[67]政府征购的粮食数额还不足粮食总产量的1/4,农民每人的口粮、种子、饲料还有550斤,这样的比例和数字,即使是毛泽东听起来,也认为没有什么大问题。[68]

    政府通过统购统销这样容易就掌握了全国的粮食购销,显然使陈云等人对进一步加强国家经济统制的力度充满信心。他开始提出:860亿的征购量虽然是一条线,超过不容易。但从国家储备的角度,“九百亿斤粮食是国家需要的最低数目。只要不是全国大灾荒,就必须如数完成这个征粮和购粮的任务”。而且他认为达成这个目标是可行的。对于毛泽东明确主张要把征购任务固定在860亿斤这个水平上,要稳定几年不变,陈云也并不反对,因为他注意到,粮食的品种是可以变通的。1954年初,他就开始提出用高产粮食作物来解决粮食产量问题的思路来了。在他看来,北方完全可以多种一些亩产能够高出小麦四五倍的玉米和薯类作物来大幅提高粮食的总产量。[69]

    从这段时间毛泽东和陈云等人观察粮食统购统销的不同角度,可以注意到,主管业务的领导人更多的还是从其业务工作任务本身,尤其是从粮食购销量控制的成功与否,来考虑问题;而毛泽东除了关心购销的成功与否外,仍旧会特别注意农民的反应和实际负担的程度。他显然相信中国的统购统销与苏联的粮食政策不一样,对农民利益的伤害程度是可以有效控制的。毕竟,征的部分保持不变,比例不高,购的部分虽然规定了农民余粮必须卖给政府,但只要政府价格合理,给农民留足口粮、种子、饲料,对农民生产生活就不会有多大影响。他完全没有认识到,从国家需要角度考虑问题的中共业务领导人,在粮食问题上与农民始终处在一种对立的地位。他们不仅相信农民是自私的,而且每年两度紧张征购的工作任务,也决定了他们与农民之间那种旷日持久的争夺战状态。基于自身工作的性质与需要,他们非想方设法控制和决定农民每一粒粮食的去向不可。因此,统购统销政策,从开始就有一个“多购少销”的方针。一方面,粮食单位产量难以迅速并持续提高;另一方面,政府每年用于发展建设需要的粮食总量却必须较快增长。面对这种情况,就连陈云也清楚地讲,统购统销后,政府对农民粮食问题的一项主要政策衡量标准,就是要保证缺粮的农民“不会饿死”。[70]

    靠各级政府用行政手段,“多购少销”,最大限度地保障中央和地方政府的利益,把农民赖以生存的粮食限制到最低点,真的不会饿死人吗?当然不是。多年不搞统购统销,光是征粮购粮都会闹出人命,会出现饿死人的现象,中共中央乃至各级政府怎么会不清楚强行统购统销可能加剧这类危险呢?只不过,在陈云看来,实际上几乎所有党政领导人也都相信,发生这种乱子,主要还是下面的干部强迫命令,甚至是违法乱纪造成的。而当年各种群众来信以及记者的报道,似乎也在证明这一点,没有人相信政策出了问题。

    各地统购统销实行伊始,就已经在各地广泛地造成负面新闻了。但所有报告和报道,无一例外地都把问题归结为基层干部工作方法简单粗暴。华东局开始贯彻统购统销指示两个月后就通告各省、地、市、县委,说明统购统销刚刚开始,已经发生因干部违反政策导致大批死人的事件了。如“山东发生自杀事件十三起,安徽发生自杀事件十起十二人,福建自杀了两个人,江苏射阳县有一个党员刘士祥也因被强迫带头卖粮而自杀了”。通告指出:多数农民自杀都是“由于干部作风不纯,工作上简单从事或犯了强迫命令的错误所造成”。[71]由于新中国成立以来历次运动中类似现象一直存在,不搞统购统销在农村也总在死人[72],突然来一个统购统销,谁都相信乱子会更多一点。因此,这一类报告或报道几乎没有引起中共中央,包括毛泽东本人的高度重视。

    需要了解的是,在整个统购统销政策制定和推行的最初过程中,还没有显现出可能导致大规模死人的迹象和危险。因此,也没有人想到把农民的口粮克扣太多,有可能导致更大规模的春荒、夏荒,最终引发严重饥荒。之所以想不到这一点,一是因为无论年成好坏,春荒年年都发,死人的数量并不很多,自民国以来大家已经见惯不怪了;二是从中央高层的角度,几乎都相信只要统购的总量控制在一定的比例内,保证每个农民每天能有一斤左右的粮食吃,过惯了穷日子的中国农民弹性很大,完全可以“吃少,吃粗,吃稀”,继续把日子过下去,“不会饿死”;三是因为统购统销开始实行时合作化运动还没有开始,农民对自己的生产和销售还有一定的自主权,包括还可以在自己的房前屋后、田头地角种一点杂粮或蔬菜,甚至会在政府征购时打埋伏,因此,即使出现过度征购的情况,一般也不容易发生大规模死人的情况。

    比如,如前所述,在统购统销开始的第二年,即1954年,中央主管经济工作的领导人就发生过过度征购的问题。那是因为头一年征购任务完成得十分容易,陈云等将第二年的征购量提高了70亿斤。虽然这一年发生了全国范围的严重水灾,许多粮食产区严重减产,他们也没有着眼于降低征购和减少库存来解救灾情,反而在保持征购总量的情况下,进一步向非灾区加派了20亿斤征购任务。由于中国地域广大,粮食收获及品种都很不平衡,此举自然加大了许多原本就已经深感困难的非灾区农民的负担。结果,从1955年初开始,各地农村便先后发生了大面积春荒的情况。从新华社《内部参考》1955年头半年多的报道中,就可以清楚地了解到当时社会恐慌和困难程度之大。该刊几乎每天都有各地粮食紧张、统购统销工作逼死群众、农民大量宰杀耕牛、向农村返销粮的数字难以控制,和各地农民出现大量病饿及弃婴、溺婴之类的报道。[73]

    因为并未出现大规模死人的情况,陈云等领导人并没有因为春荒严重就意识到粮食征购量出了问题。他们甚至相信,关键问题是粮食销售没有控制好,尤其是在农村有“许多不该销售的也销售了”。因为,从数字上看,1954年单独销在农村的粮食就有320亿斤,按每个农民缺粮100天,每天缺粮1斤算,这个数字足足可以供应3.2亿农民。陈云显然认为这样的销售量是不正常的。他坚称:要说“我们农村的缺粮人口占五亿农村人口的百分之四十六。这个数字显然是过多的,其中必然有不该销而销了的部分”。[74]

    据此,这时已来到国务院主管经济工作的李先念也得出结论说:政府购粮一点也不多。他为此首先尖锐批评了自己原先所在的河南省,说:“今年粮食情况极端紧张。特点是:来得早,面很大。现很多省份将本年度粮食销售指标快销售完了。然而问题仍越来越严重,总之,是很不合理的。现我们计算,几乎全国一半以上的人口靠国家供应粮食,每天计一斤或者十两。无论如何,这是很不正常的。正如前段估计的,余缺没有算清楚,有粮也叫,无粮也叫。”我们的同志绝不能不加分析地帮着叫缺粮。[75]

    当然,他们并非不了解农民因统购统销对政府十分不满,也清楚“目前农村的情况相当紧张,不少地方,农民大量杀猪、宰牛,不热心积肥,不积极准备春耕,生产情绪不高”。他们也承认:“主要原因是农民对统购统销工作感到无底;感到增产多少,国家收购多少,对自己没有好处;感到购的数目过大,留的数目太少,不能满足他们的实际需要。”[76]但是,他们坚持认为,这和中央没有关系,有问题也多是地方政府和基层干部造成的,是因为地方没有严格掌握中央的统购政策和统购指标,或层层加码,或盲目超购所致。因此,他们提出的解决办法是,要对卖粮过了头的,销售指标给得少的地方“搞统购补课”,即个别解决超购退还的问题。[77]

    在这种思想认识的基础上,财政部拟定的1955年度征购计划,竟然达到了前所未有的950亿斤,超过1954年原计划将近100亿斤。这个数字,不可避免地遭到了各地政府的反对。经过反复讨价还价,到1955年2月底中央财经会议上,仍旧维持了900亿斤的高指标,而这还是超过1954年30多亿斤。这次会议通过,并得到国务院认可,以中共中央和国务院联名的方式发布的文件却宣布说:“中央认为这个指标是适当的。一定要看到,确定本年度征购九○○亿斤这个向农民要得较少的数字,是我们对广大中农的让步,是党和政府进一步加强同占农村人口百分之六○以上的新老中农团结的步骤”,这是一个“减轻了”的收购任务。文件称,征购数量减少了,国家粮食销售的数量也必须相应缩减。会议要求,1955年度的粮食统销数量要比1954年的粮食销售量还要减少20亿斤。[78]

    1955年明明已经发生了严重春荒、饿死人和粮食高度紧张、社会极度恐慌的情况,主管经济和业务工作的中央领导人却没有意识到问题的发生与粮食征购之间的因果关系。对于民主党派代表人物这时反映的种种意见,他们也多抱以不相信的态度。对于普遍出现的要求增加粮食供应的种种声音,一些领导人中间还形成了一个明显带有强烈倾向性的用语,叫“闹粮”。实际上,哪怕是稍微注意一下中央内务部几年来统计上来的并不全面的春荒数据,也不难发现,和1953年底开始统购统销之前相比,统购统销正在使农村春荒缺粮的情况日益加重。到1955年,全国逃荒的农民已经是1953年的3.5倍,是1954年的2.5倍。非正常死亡的情况,1953年统购统销还未实行的当年,非正常死亡人数只统计到263人;1954年就增加了200多人,增至475人;1955年已猛涨到1477人;1956年更破纪录地达到10012人了。[79]

    对于1954年多购70亿斤粮食,导致1955年全面粮食恐慌,“人人谈粮食,户户谈统销,农民有意见,党内外也有许多意见”的情况,毛泽东则敏感得多。他当年就对中财委和财政部1954年的征购指标提出了批评,后来更不止一次地指出,1954年共产党在粮食问题上犯了“错误”。[80]

    毛泽东发现粮食征购出了问题,除了新华社编的《内部参考》外,主要还是通过民主人士的来信。

    1955年3月中旬,黄炎培即函告,他家乡有人来反映农民特别苦,说干部作风不好,总是疑心农民家有藏粮,而农民连饭都吃不饱,下田都没有力气。毛泽东已通过内参多少意识到征购工作中有问题,故回信委婉地接受了黄的意见,并安慰说:“农村粮食问题已采取措施,下一年度可以缓和下来,目前则仍有些紧张。”[81]

    4月26日,黄炎培又告毛泽东,最近收到各地人民来信很多,最严重的还是农村粮食问题,已选取可靠性较高的几封信送给陈云同志,并与其长谈四小时,但陈云并不十分赞同黄的看法。毛泽东见信后仍未否认存在问题,只是告诉黄称:“粮食问题,下一个月还是会紧的,六月以后将会好些了。”[82]

    5月中旬,黄炎培转来民主人士彭一湖反映他家乡所在的湖南省东部政府查田定产导致粮食统购问题很多的信。信中说,当地政府把产量定得过高,留给农民的口粮太少,再加上区乡干部强迫命令,遇事不深入群众了解情况,不接受意见,不仅影响了农民的生产情绪,而且直接影响了农民的生活,农民连猪也养不起,副业也没办法搞了。黄炎培同时附信给陈云,针对前次谈话中双方关于下面闹粮者真缺粮还是假缺粮的争论,说明了他的看法。信称:“以我综合各方面报告,推想起来,到底有粮者叫是少数,无粮者叫是多数,而且前者是跟随着后者而发生的。要分别处理,但断不可不处理。”[83]

    毛泽东这一次终于变得比较重视了。他先是将黄炎培及彭一湖的信批给中央办公厅主任杨尚昆,要杨赶快把信印发给次日还在京参加15省、市委书记会的与会领导人,以便他们能把信带回去对照各地情况研究处理。接着他又要全国人大秘书长彭真把黄炎培和彭一湖的信分别印发给人大、政协在京各常委参考。[84]

    5月28日,针对彭一湖来信反映的情况,也注意到《内部参考》和其他群众来信中提到的各地缺粮、闹粮情况,毛泽东专门致电各地领导人,要求他们迅速派人具体查清去年定产高低情况,农民中真缺粮者有多少,叫唤缺粮、实际不缺粮者有多少,农村到底需要供应多少粮食,一年到底缺几个月粮食,每个月要多少才够?[85]

    由于知道靠地方党政部门的汇报未必能听到真实的情况,又不敢完全相信民主人士的倾诉,在苦于得不到第一手可靠的调查资料的情况下,毛泽东不得不委托中央警卫团的战士回家乡去做调查。读到河南籍战士们写回来的调查报告后,他一一批注,将发现问题的报告专门批示给河南省委书记吴芝圃,要吴派人去检查那些存在粮食问题的乡村。[86]

    事实上,在收到黄、彭等人来信和转来的其他信件后,毛泽东就已经认定1954年征购过多,农民负担过重了。他因此找到陈云和薄一波等,明确指出1955年春荒严重及各方人士,包括农民人心惶惶的原因,就在于1954年多征了70亿斤粮食,把统购统销的名声搞坏了。因此,他明确要求中财委及财政部重新修改此前通过的1955年度的统购指标,要从900亿斤降到800亿斤,最多820亿斤,而且要向农民承诺“三定”(定产、定购、定销),保证这一征购额度三年不变。[87]

    面对毛泽东的批评,陈云等领导人并没有马上承认错误,但是很快根据毛泽东的要求,重新调整了1955年度的粮食征购指标,把1955年度的粮食征购量从原订900亿斤,降到了864.5亿斤。[88]一个多月之后,按照毛泽东的意见,陈云在全国人大一届二次会议上委婉地做了自我批评,承认去年“多购了几十亿斤粮食”。但他同时还是坚持认为:春季全国出现粮食供应紧张“更重要的原因”,还是农民自身的问题。说因为“农民是个体小生产者,千百年来他们的习惯是除交租、交税以外,形式上是自由处理余粮的。实行粮食的统购统销政策以后,农民虽然把粮食卖给了国家,但因为他们是私有者,有些农民又想买回去,并且还想买得更多”。叫喊缺粮的和大量排队去买粮食的,“大多数是这样一类农民,即他们的粮食是够用的,但想多保存一些,多有一些后备”,只有“极少数是缺粮的”。[89]

    很明显,毛泽东并没有能够完全说服主管经济工作的陈云等人。但他依旧坚持不同意陈云在6月全国粮食会议上宣布的864.5亿斤的征购数字,坚持要压到800亿斤,最多让到820亿斤。经过反复交涉,双方各让一步,于8月初达成了1955年度征购830.37亿斤的数字,并承诺“三年不变”。[90]

    实际上,毛泽东1955年的主要工作重心并不在统购统销和粮食问题上面,而是放到推动农业合作化运动方面去了。正像薄一波所说,被迫实行统购统销之后,中共中央绝大多数领导人都意识到,粮食问题已经不是靠政府与无数个体农民讨价还价所能解决的了。大家都相信,解决中国粮食问题的唯一出路,只有走苏联式的集体化道路。[91]

    从1953年毛泽东宣布开始向社会主义过渡,他就明确讲过,实现社会主义关键靠两条,一是要有几千个国营的大工厂,一是要实现农业合作化。[92]这一年夏天,注意到合作化运动终于轰轰烈烈地开展起来,注意到已经建立起来的80%以上的合作社都增产了[93],毛泽东马上就又开始对中国农民的政治觉悟抱有信心了。他在省、市、自治区党委书记会议上宣布说:中国粮食产量跟不上社会主义工业化事业的尖锐矛盾,我们已经找到根本解决的办法了,那就是农业合作化。“苏联是用有计划地领导和发展农业合作化的方法解决了,我们也只有用这个方法才能解决它。”[94]在他看来,合作化运动的迅猛推进,本身就证明了他过去的看法,即中国农民是有觉悟的,合作化能如此快速地搞起来,粮食问题也就能加速解决了。

    六、毛泽东:逐渐告别“小仁政”

    1955年秋到1956年初,是中国基本实现农业合作化的重要时期,也是毛泽东在农民粮食问题上迅速转向激进的一个重要转折点。

    1955年7月31日,毛泽东在党内作了关于农业合作化的报告,宣称:“如果我们不能在三个五年计划的时期内……解决年年增长的商品粮食和工业原料的需要同现时主要农作物一般产量很低之间的矛盾,我们的社会主义工业化事业就会遇到绝大的困难,我们就不可能完成社会主义工业化。”他同意这样的看法,即:国家工业化和农业技术改造所需要的大量资金,有相当大的部分要从农业方面积累起来,这不是小农经济所能实现的,必须要实现大规模的农业。他显然认为苏联当年的解决办法是不可替代的,因而特别强调称:“这个问题,苏联在建设社会主义的过程中是曾经遇到了的,苏联是用有计划地领导和发展农业合作化的方法解决了,我们也只有用这个方法才能解决它。”[95]

    一旦认定农业合作化能解决农业生产快速发展和粮食增产问题,毛泽东便又高度兴奋起来了。在他全力推动下,中共中央很快就专门召开了七届六中全会,基于“农业合作化的发展跟不上去,粮食和工业原料作物的增长跟不上去,我国的社会主义工业化就会遭遇到极大的困难”这一重要考量,和各地上报的合作社进展速度,会议把原定准备用三个五年计划完成的农业合作化,一举缩短到两年半,主张全国大多数地区届时就应该“基本上实现半社会主义的合作化”。[96]注意到有的省份在农业初步合作化的基础上已经提出了农业增产规划[97],毛泽东随后还乘火车跑了几个省,召集十余省、地委领导人拟定了一个《农业十七条》,进一步主张加快农业合作化速度,争取“一九五六年下半年基本上完成初级形式的建社工作”,“争取于一九五九年基本上完成”把初级形式的合作社建成高级形式的合作社。以便在此基础上,“在十二年内,平均每亩粮食产量,在黄河、秦岭、白龙江、黄河(青海境内)以北,要求达到四百斤,黄河以南、淮河以北五百斤,淮河、秦岭、白龙江以南八百斤”。[98]

    这是一个什么概念呢?毛泽东在年底时专门有过解释。他说:“在三个五年计划完成的时候,即到一九六七年,粮食和许多其他农作物的产量,比较人民共和国成立以前的最高年产量,可能增加百分之一百到百分之二百。”[99]人民共和国成立以前中国粮食最高年产量是3000万斤,增加百分之一百就是6000万斤,增加百分之二百就是9000万斤了。

    1956年初,依据毛泽东的建议,中共中央再度讨论并通过了毛泽东等人搞的那个《农业十七条》,形成了题为《一九五六年到一九六七年全国农业发展纲要(草案)》(以下简称“《纲要》”)的重要决议。内中明文规定:从1956年开始,在12年内,粮食每亩平均年产量,黄河以北地区,要由1955年的150多斤,增加到400斤;黄河以南地区,要由1955年的208斤,增加到500斤;淮河以南地区,要由1955年的400斤,增加到800斤。乘上《纲要》要求的耕地面积,可知毛泽东希望的不是增产百分之一百,而是百分之二百,即9000亿斤~10000亿斤。相比之下,农业部此前在讨论时提出的增长一倍,即达到6000亿斤的雄心勃勃的设想,反而还变得保守了。[100]这也足以可见毛泽东对农业合作化运动促进生产力大发展的前景,抱有着怎样一种想象和期待。

    毛泽东完全没有意识到,集体化的一个最直接的后果,就是彻底剥夺了农民个人的自主权,从而最大限度地便利了各级政府随心所欲地支配其劳动并获取其产品。反过来,一旦被“组织起来”,受到为政府服务的各级干部的全面控制,无论征粮、购粮,包括购粮所得,都成了受干部支配的“集体”的事情,与农民个人毫无关系,农民甚至连最基本的用于维持生存的口粮数都要听从层层政府的计划和安排了。如此一来就埋伏下一个极大的危险,即一旦完全丧失了对自己生产的产品的支配权,原本就处在饥饿边缘的农民,将再无应对灾祸的能力。任何天灾人祸,随时都可能构成亿万农民家毁人亡的巨大风险。

    但是,是不是意味着毛泽东从此就被这个“农村社会主义高潮”完全冲昏头脑,一心只想着如何增加粮食产量,亦即征购量问题去了呢?也不是。

    1956年春天,毛泽东开始用心研究经济问题,并写下了《论十大关系》一文。文中他又特别讲到1954年~1955年中共中央在粮食征购问题上所犯的错误,强调:“这个教训,全党必须记住。”他写道:“一九五四年我国部分地区因水灾减产,我们却多购了七十亿斤粮食。这样一减一多,闹得去年春季许多地方几乎人人谈粮食,户户谈统销。农民有意见,党内外也有许多意见。尽管不少人是故意夸大,乘机攻击,但是不能说我们没有缺点。调查不够,摸不清底,多购了七十亿斤,这就是缺点。”[101]他再次指出:幸亏我们发现了这一问题,“一九五五年就少购了七十亿斤,又搞了一个‘三定’,就是定产定购定销,加上丰收,一少一增,使农民手里多了二百多亿斤粮食。这样,过去有意见的农民也说‘共产党真是好’了”。[102]

    除了再度强调粮食征购必须充分注意调查研究,不能超征超购外,他还特别提到苏联在对待农民问题上犯过的错误,反对过度剥夺农民。他说:“苏联的办法把农民挖得很苦。他们采取所谓义务交售制等项办法,把农民生产的东西拿走太多,给的代价又极低。他们这样来积累资金,使农民的生产积极性受到极大的损害。你要母鸡多生蛋,又不给它米吃,又要马儿跑得好,又要马儿不吃草。世界上哪有这样的道理!”他明白主张:我们不能光考虑国家的利益,而要“兼顾国家和农民的利益”。[103]

    由此不难了解,即使在头脑昏昏的1958年“大跃进”的高潮中,毛泽东一旦发现农民口粮出了问题,也还是会像以前一样予以重视并想要去解决的。只是他太想创造历史奇迹了,因而太执着于生产关系可以促进生产力大发展的迷思了,而他对全局的了解又离不开那些专注于业务和习惯与中央保持一致的各级干部。这也就意味着,他不仅很难发现问题,偶尔看到了一点迹象,想要采取一些措施,也犹疑不决。要么怕泼了“大跃进”的冷水,要么对农民的生存能力严重错估,因此,他的干预或询问基本上于事无补。

    如1958年5月下旬,他读到中央警卫团山东籍干部队队员李宝森等人反映家乡农民严重缺粮的资料,当即就批给了时任主管农业的副总理谭震林,指示:“山东有那么多的缺粮户,值得研究一下。如你有时间,请找李宝森等三人……问一下情况。”他并同时将材料送给书记处书记邓小平,要他将材料立即印发给正在北京举行的八届五中全会的到会人员,以引起各方重视。

    和此前的情况一样,谭震林也确实抽时间找了李宝森等人,并回复了毛泽东。然而他的意见是:“山东省每人(年)平均口粮360斤,少数山区是200多斤,一般说是够吃的。去冬以来劳动强度增加,有一部分人不够吃,这是全国的现象。……粮食问题主要是增产赶不上口粮增加的需要,这个困难,估计三五年内即可能解决,即全国每人平均有一千斤粮食:口粮600斤,种籽100斤,饲料200斤,余粮100斤。”[104]

    这里的口粮斤数指的是原粮斤数,变为成品粮只及此斤数的75%。也就是说,360斤原粮等于270斤成品粮,平均到全年365天,如果这个数量的粮食真能落到山东这些农民手里的话,他们每天最多也只能吃到7两左右的粮食。如果是200斤原粮,则他们每天平均也就只能吃到4两左右的粮食。

    毛泽东也好,谭震林也好,都是农民出身,不可能不知道每天只有区区几两粮食,这对于需要从事重体力劳动的农民来说,意味着什么。但是,也正是因为他们见惯了贫苦农民吃糠咽菜,认为农民会自动调节有限的粮食,“吃少,吃粗,吃稀”,饿不死,故不仅谭震林相信农民“一般说是够吃的”,毛泽东对此也没有再提出质疑。在那个几乎人人头脑热得发昏的时候,谭震林所谓“这个困难,估计三五年内即可能解决”的说法,恐怕也正是这时全身心关注“大仁政”的毛泽东所想的吧。

    参考文献、注释

    [1]《联共(布)党史简明教程》,北京:人民出版社1975年版,第253~254页。

    [2]这种农民立场,最典型地反映在1949年中共中央进城前毛泽东与苏共政治局委员米高扬的谈话当中。当米高扬代表苏共中央建议中共尽快占领上海等大城市,以便建立政权和为党确立一个无产阶级的阶级基础时,毛泽东直截了当地告诉米高扬:在上海等大城市,大多数工人觉悟不高,共产党影响很小。但“共产党在农村的影响是独一无二的,无人可望其项背”。“中国农民要比所有的美国工人和许多英国工人觉悟高得多。”见A·M·列多夫斯基:《斯大林与中国》,陈春华、刘存宽等译,北京:新华出版社2001年版,第65~66页。

    [3]有关这方面的史料叙述成果甚多,最具代表性的是薄一波的《若干重大决策与事件的回顾》(北京:中央党校出版社1991年版)和中共中央文献研究室编著的《陈云传》(北京:中央文献出版社2005年版)等。较具学术性的研究或着眼于制度实施,或着眼于地方,如杨乙丹:《粮食统购统销制度研究》(西北农林科技大学硕士学位论文,2006年);田锡全:《国家、省、县与粮食统购统销制度(1953—1957)》(上海社会科学院出版社2006年版);葛玲:《统购统销体制的地方实践——以安徽省为中心的考察》(载《中共党史研究》2010年第4期)等。

    [4]王海光:《征粮、民变与“匪乱”——以中共建政初期的贵州为中心》,载《中国当代史研究》第1辑,北京:九州出版社2011年版,第229~266页;黄金娟:《建国初期新政权在上海郊区农村的征粮问题(1949—1953年)》,载《中国当代史研究》第3辑,北京:九州出版社2011年版,第195~245页。

    [5]陈云:《统一财政经济工作》(1950年3月3日),载《建国以来重要文献选编》第1册,北京:中央文献出版社1992年版,第132页;《政务院关于统一国家财政经济工作的决定》(1950年4月1日),山东省档案馆藏,A101/1/32/1-5。

    [6]陈云:《财政状况和粮食状况》(1950年4月13日),载《陈云文稿选编(1949—1956年)》,北京:人民出版社1982年版,第75~82页。

    [7]有关西南各省征粮一度逼成民变的情况,可参见王海光:《征粮、民变与“匪乱”——以中共建政初期的贵州为中心》;在靠近中心城市的上海郊区,农民因不堪重负而自杀或反抗的情况也比比皆是,可参见黄金娟:《建国初期新政权在上海郊区农村的征粮问题(1949—1953年)》。

    [8]新中国成立初期这几年粮食总产数字的说法基本统一,征购、销售数字说法五花八门。作者因未直接看到杨继绳引用的粮食部的文献,故表3内尽量比较和使用后来国家统计局公布的数字,并比勘当年或隔年中共领导人报告讲话中的数据。当年领导人报告的征购数字,基本上都是指贸易粮,而现有的粮食总产量数字,都是原粮,为便于比较,表3中都统一换算成原粮。当年领导人报告的数字与改革开放后个别当事人,如薄一波依据档案资料引用的数字,也会有出入。如1953年7月1日到1954年6月30日粮食年度,陈云当年报告的数字是865亿斤;薄一波回忆引用的数字是784.5亿斤。薄一波自己使用的数字也不尽一致的地方,如他说明1952年7月1日至1953年6月30日粮食年度国家收入粮食为547亿斤(应为贸易粮),同时说该年度国家征购粮食占粮食总产量的比重为25.7%(算下来相当于660亿斤贸易粮)。比较前后征购数额,表3中暂用后者。

    [9]《毛泽东在上海会议上的插话》(1959年3月28日)。

    [10]陈云:《关于发展国民经济的第一个五年计划的报告》(1955年3月21日),载《陈云文集》第2卷,北京:中央文献出版社2005年版,第618页。

    [11]《毛泽东在第二次郑州会议上的讲话》(1959年2月28日),载《毛泽东思想万岁(1958—1960)》,出版信息不详,第208页。

    [12]有关合作化运动中不仅生产资料作价充公,就连农民的一些生活资料也被强行充公的情况,在许多合作化运动史的研究著述中都有介绍。参见叶扬兵:《中国农业合作化运动研究》,北京:知识产权出版社2006年版,第507~536页。

    [13]陈云、薄一波:《对一九五〇年春夏是否发生严重饥荒的看法》(1950年3月20日),载《陈云文集》第2卷,第96~101页。

    [14]《华东区农业税征收通则》(1950年2月6日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,北京:中国财政经济出版社1986年版,第29页。

    [15]《政务院关于新解放区土地改革及征收公粮的指示》(1950的2月28日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,第34、50页。

    [16]《政务院关于统一国家财政经济工作的决定》(1950年4月1日)。

    [17]陈云:《财政状况和粮食状况》(1950年4月13日),载《陈云文稿选编(1949—1956年)》,第79~80页。

    [18]转见陈云:《调整公私关系和整顿税收》(1950年6月6日),载《陈云文稿选编(1949—1956年)》,第91~97页。

    [19]《政务院关于1950年新解放区夏征公粮的决定》(1950年5月30日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,第50页。

    [20]陈云:《抗美援朝开始后财经工作的方针》(1950年11月15日、27日),载《陈云文稿选编(1949—1956年)》,第98~107页。

    [21]《政务院关于1951年农业税收工作的指示》(1951年6月21日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,第191页。

    [22]陈云:《发展农业是头等大事》(1951年5月16日),载《陈云文稿选编(1949—1956年)》,第127、129页。

    [23]陈云:《一九五二年财经工作的方针和任务》(1952年1月15日);陈云:《实行粮食统购统销》(1953年10月10日),载《陈云文稿选编(1949—1956年)》,第146、194页;陈云:《在全国政协第一届常委会第四十九次会议上的报告》(1953年9月8日),载《陈云文集》第2卷,第450~451页。

    [24]薄一波:《若干重大决策与事件的回顾》上册,第257页。

    [25]1951年国家征收公粮总额规定为250亿斤,实际征收为277亿斤(粮食部计划司资料为299亿斤)。参见陈云:《关于财政经济问题的报告》(1952年4月19日),载《陈云文集》第2卷,第381~385页;薄一波:《若干重大决策与事件的回顾》上册,第255~257页。

    [26]陈云:《一九五二年财经工作的方针和任务》(1952年1月15日),载《陈云文稿选编(1949—1956年)》,第144~150页。

    [27]《财政部关于农业税土地面积及常年应产量订定标准的规定》(1950年9月16日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,第95页。

    [28]参见《1950年财政工作总结及1951年工作的方针和任务》(1951年3月30日);《财政部部长薄一波关于1953年国家预算的报告》(1953年2月12日);《财政部部长邓小平关于1954年国家预算草案的报告》(1954年6月17日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,第159、388、472页。

    [29]《中央财政部关于1953年度农业税概算的请示报告》(1953年4月15日)。

    [30]可参见表1。

    [31]毛泽东:《对财政部关于全国农业税法会议请示的批语和对中央指示稿的修改》(1953年4月16日、21日),载《建国以来毛泽东文稿》第3册,北京:中央文献出版社1989年版,第197页。

    [32]《政务院关于1953年农业税工作的指示》(1953年6月5日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,第396页。

    [33]毛泽东:《不要四面出击》(1950年6月6日),载《毛泽东选集》第5卷,北京:人民出版社1977年版,第24页。

    [34]毛泽东:《在全国统战会议工商组讨论会的一份发言记录稿上的批语》(1950年4月),载《建国以来毛泽东文稿》第1册,北京:中央文献出版社1987年版,第294页。

    [35]毛泽东:《关于春耕、起草土地法草案等问题的电报》(1950年4月28日);《中央转发河南淮阳地区夏季征粮情况报告的批语》(1950年9月9日),载《建国以来毛泽东文稿》第1册,第315、502页。

    [36]毛泽东:《关于夏征问题给陈云、薄一波的批语》(1950年4月28日),载《建国以来毛泽东文稿》第1册,第316页。

    [37]毛泽东:《关于让陈丕显报告苏南征粮、春耕和救灾情况的电报》(1950年5月12日),载《建国以来毛泽东文稿》第1册,第338页。

    [38]如毛泽东对浙江、苏南减免夏征的提议,和转达黄炎培认为苏南征粮工作有偏差意见,中财委和苏南区党委事实上均未采纳。转见《建国以来毛泽东文稿》第1册,第402页;《建国以来毛泽东文稿》第3册,第587页。有关黄炎培、柳亚子等上书毛泽东,包括去苏南实地考察在华东局和苏南当地碰钉子的情况,可参见黄金娟:《建国初期新政权在上海郊区农村的征粮问题(1949—1953年)》。

    [39]《毛泽东同志关于各中央局负责同志应亲自抓紧财经工作的指示》(1950年5月20日),载《建国以来毛泽东文稿》第1册,第363页;并见陈云:《调整公私关系和整顿税收》(1950年6月6日),载《陈云文稿选编(1949—1956年)》,第94页;《中央关于彻底做好农业税征收工作给各级党委的指示》(1953年5月25日)。

    [40]毛泽东:《在中财委关于新解放区夏征公粮决定上的批语》(1950年5月28日),载《建国以来毛泽东文稿》第1册,第376页。

    [41]《财政部关于1951年各地农业税税率向政务院的综合报告》(1951年11月6日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,第250~253页。

    [42]参见毛泽东:《对薄一波报批的关于购棉储棉工作给各中央局的电报等文稿的批语》(1951年5月31日),载《建国以来毛泽东文稿》第2册,北京:中央文献出版社1988年版,第342页。

    [43]参见《中央关于地方各级财委和军队后勤部门应作违反财政纪律的检讨报告的指示》(1952年4月22日),载《建国以来毛泽东文稿》第3册,第426~427页。

    [44]《政务院关于1952年农业税收工作的指示》(1952年6月16日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,第294页。

    [45]转见《建国以来毛泽东文稿》第3册,第588页注3。

    [46]毛泽东:《关于减轻农民负担问题给谭震林的信》(1952年10月15日),载《建国以来毛泽东文稿》第3册,第587页。

    [47]毛泽东:《关于大批减免西南灾区公粮和农业税的批语》(1953年5月5日),载《建国以来毛泽东文稿》第4册,北京:中央文献出版社1990年版,第214页。

    [48]《政务院关于1953年农业税工作的指示》(1953年6月5日),载财政部农业财务司(编):《新中国农业税史料丛编》第5册,第395~396页。

    [49]参见黄金娟:《建国初期新政权在上海郊区农村的征粮问题(1949—1953年)》。

    [50]有关毛泽东开始提出用10年到15年时间逐步完成所有制改造,实现社会主义的过渡时期总路线方针的经过情形,可参见《建国以来毛泽东文稿》第3册,“编后记”,第692~693页。

    [51]参见薄一波:《若干重大决策与事件的回顾》上册,第256、363~364页;中央文献研究室(编):《陈云传》上册,北京:中央文献出版社2005年版,第841~842页。

    [52]转见汪东林:《梁漱溟与毛泽东》,长春:吉林人民出版社1989年版,第20~23页。

    [53]转见汪东林:《梁漱溟与毛泽东》,第20~23页。

    [54]在这一时期中共中央的各种政策指示中,特别多地在强调摆正个人利益、局部利益、眼前利益和长远利益、整体利益的关系问题。可参见《中共中央关于国营企业中的工资、年终双薪、年休假问题的指示》(1953年7月9日);《中共中央关于国营企业中的工资和年终双薪问题的宣传指示》(1953年7月13日);毛泽东:《在中央关于西南文委机关反分散主义斗争的通报中加写的话》(1953年8月5日);《中共中央关于引用毛主席或中央其他负责同志言论应注意事项的规定》(1953年8月21日),载《建国以来毛泽东文稿》第4册,第291~292页注2、第295页、第308页注1。

    [55]陈云:《实行粮食统购统销》(1953年10月10日),载《陈云文稿选编(1949—1956年)》,第189~193页;《陈云传》下册,第1618页。

    [56]陈云:《实行粮食统购统销》(1953年10月10日),载《陈云文稿选编(1949—1956年)》,第194~197页。

    [57]毛泽东:《关于纠正党内的错误思想》(1929年12月),载《毛泽东选集》(竖排合订本),北京:人民出版社1964年版,第93页。

    [58]毛泽东:《论人民民主专政》(1949年6月30日),载《毛泽东选集》(竖排合订本),第1482、1483页。

    [59]《中央关于粮食问题的指示》(1953年4月11日)。

    [60]《中央关于彻底做好农业税征收工作给各级党委的指示》(1953年5月25日)。

    [61]《中央关于收购粮食问题的宣传指示》(1953年9月25日)。

    [62]毛泽东:《关于粮食统购统销问题的讲话提纲》(1953年10月);毛泽东:《在中央政治局扩大会议上所作的结论》(1953年10月2日),载《建国以来毛泽东文稿》第4册,第382~385、357~358页。

    [63]毛泽东:《关于农业互助合作的两次谈话》(1953年10月、11月),载《建国以来重要文献选编》第4册,北京:中央文献出版社1993年版,第470页。

    [64]毛泽东:《关于农业互助合作的两次谈话》(1953年10、11月),载《建国以来重要文献选编》第4册,第468页。

    [65]毛泽东:《对中央关于统购统销宣传要点稿的修改》(1953年10月31日),载《建国以来毛泽东文稿》第4册,第379页。

    [66]陈云:《限制征购任务,压缩粮食销量》(1955年6月16日),载《陈云文集》第2卷,北京:中央文献出版社2005年版,第640~652页。这是陈云在全国粮食会议上的讲话。

    [67]陈云:《限制征购任务,压缩粮食销量》(1955年6月16日),载《陈云文集》第2卷,第640~652页。

    [68]见毛泽东:《关于政协的性质和任务》(1954年12月19日),载《毛泽东文集》第6卷,北京:中央文献出版社2003年版,第386页。

    [69]陈云:《粮食问题是农村工作和农业生产的中心问题》(1954年2月);陈云:《关于发展国民经济的第一个五年计划的报告》(1955年3月21日),载《陈云文集》第2卷,第586~588、610~620页。

    [70]陈云:《在中央人民政府委员会第三十一次会议上的讲话》(1954年6月16日),载《陈云文集》第2卷,第537~538页。

    [71]《华东局关于防止粮食统购统销中发生强迫命令的指示》(1953年12月26日),浙江省龙泉县档案馆藏,1/1/127/20。

    [72]即使在上海郊区这种政策掌握相对较严的地区,1950年~1952年每年都因秋征发生严重死人事件。仅1952年秋征就连续造成农民被迫自杀数十起,被救活42人,死亡24人。参见黄金娟:《建国初期新政权在上海郊区农村的征粮问题(1949—1953年)》。

    [73]《山东部分地区大量宰杀耕牛》;《辽宁省购粮中区村干部发生强迫命令现象》;《甘肃省粮食统购计划没有完成,茶叶、棉花供不应求》;《湖北省灾区耕牛已死亡9万多头》;《江苏省控制中央等地粮食统销数字有困难》;《近两个月来四川省耕牛死亡三万头》;《浙江省粮食统销量日益增加》;《陕西省入冬以来共死大家畜一万一千多头》;《安徽省在粮食统购工作中发生死人事件30起》;《黑龙江省双城县牲畜跌价》;《浙江省在粮食统购统销等工作逼死群众133人》;《江苏省灾区群众弃婴、溺婴情况》;《广东各地春荒日趋严重》;《浠水县春荒发展影响春耕生产》;《粤东地区发生春荒》;《安徽省断炊户增加》;《晋北部分农村春荒严重》;《湖北省非灾区春荒发展》;《山西省沁县部分农民缺口粮》;《四川省部分山区和丘陵区春荒严重》;《目前盲目流入鞍山市的农民已达五千多人》,载《内部参考》1955年1月3、4、15、18日,2月1、7、15、16、17、23日,3月2、8、15、17、22、24日,第1、2、23、28、35、36、37、42、48、53、59、61、65、67等期。

    [74]陈云:《关于发展国民经济的第一个五年计划的报告》(1955年3月21日),载《陈云文集》第2卷,第619页。

    [75]李先念:《就粮食销售问题给吴芝圃、杨蔚屏的信》(1955年4月16日),载《建国以来李先念文稿》第2册,北京:中央文献出版社2011年版,第35页。

    [76]《中共中央、国务院关于迅速布置粮食购销工作,安定农民生产情绪的紧急指示》(1955年3月3日),载《建国以来重要文献选编》第6册,北京:中央文献出版社1993年版,第76页。

    [77]陈云:《粮食问题是农村工作和农业生产的中心问题》(1955年2月),载《陈云文集》第2卷,第586~588页。

    [78]《中共中央、国务院关于迅速布置粮食购销工作,安定农民生产情绪的紧急指示》(1955年3月3日),载《建国以来重要文献选编》第6册,第78、79页。

    [79]见前文表1。

    [80]毛泽东:《论十大关系》(1956年4月25日),载《毛泽东文集》第7卷,北京:人民出版社2004年版,第29~30页。

    [81]毛泽东:《给黄炎培的信》(1955年3月14日),载《建国以来毛泽东文稿》第5册,北京:中央文献出版社1991年版,第52页。

    [82]毛泽东:《给黄炎培的信》(1955年4月29日),载《建国以来毛泽东文稿》第5册,第95页。

    [83]转见《建国以来毛泽东文稿》第5册,第119页注3、注8。

    [84]《毛泽东关于印发彭一湖反映农村工作的信的批语》(1955年5月16日),载《建国以来毛泽东文稿》第5册,第118~119页。

    [85]《中央关于调查粮食问题的各项情况的通知》(1955年5月28日),载《建国以来毛泽东文稿》第5册,第138~139页。

    [86]毛泽东:《在中央警卫团战士的几份农村情况调查上写的文字》(1955年7月),载《建国以来毛泽东文稿》第5册,第208~211页。

    [87]毛泽东:《在中央农村工作部关于农业合作化运动最近情况简报上写的文字》(1955年7月29日);毛泽东:《关于通报江苏省粮食“三定”工作经验的批语》(1955年9月1日),载《建国以来毛泽东文稿》第5册,第230、337页;转见陈云:《限制征购任务,压缩粮食销量》(1955年6月16日),载《陈云文集》第2卷,第649~650页。

    [88]陈云:《限制征购任务,压缩粮食销量》(1955年6月16日),载《陈云文集》第2卷,第649~650页。

    [89]陈云:《坚持和改进粮食的统购统销》(1955年7月21日),载《陈云文稿选编(1949—1956年)》,第249~250页。

    [90]《中共中央关于建立制度,控制购销,改进粮食工作的指示》(1955年8月3日)。

    [91]薄一波:《若干重大决策与事件的回顾》上册,第363~364页。

    [92]毛泽东:《在中央政治局扩大会议上的讲话》(1953年7月29日),载《毛泽东文集》第6卷,第287页。

    [93]转见毛泽东:《关于农业合作化问题》(1955年7月31日),载《毛泽东文集》第6卷,第426页。

    [94]毛泽东:《关于农业合作化问题》(1955年7月31日),载《毛泽东文集》第6卷,第432页。

    [95]毛泽东:《关于农业合作化问题》(1955年7月31日),载《毛泽东文集》第6卷,第431~432页。

    [96]《中国共产党第七届中央委员会第六次全体会议(扩大)关于农业合作化问题的决议》(1955年10月11日),载《建国以来重要文献选编》第7册,北京:中央文献出版社1993年版,第285、302页。

    [97]《甘肃省委关于农业增产规划的报告》(1955年10月6日)。

    [98]毛泽东:《征询对农业十七条的意见》(1955年12月21日),载《毛泽东文集》第6卷,第507~509页。

    [99]《中国农村的社会主义高潮(序言二)》,载《毛泽东选集》第5卷,第223页。

    [100]《一九五六年到一九六七年全国农业发展纲要(草案)》(1956年1月23日),载《建国以来重要文献选编》第8册,北京:中央文献出版社1994年版,第49页;薄一波:《若干重大决策与事件的回顾》上册,第524页。

    [101]毛泽东:《论十大关系》(1956年4月25日),载《毛泽东文集》第7卷,第29页。

    [102]毛泽东:《论十大关系》(1956年4月25日),载《毛泽东文集》第7卷,第29页。

    [103]毛泽东:《论十大关系》(1956年4月25日),载《毛泽东文集》第7卷,第29~30页。

    [104]转见《建国以来毛泽东文稿》第7册,北京:中央文献出版社1992年版,第249~250页。

    本文转自《开放时代》2013年第6期

  • 阿马蒂亚·森:如果没有英国殖民,印度会变更好还是更坏?

    英属印度帝国实际上是在1757年6月23日普拉西战役之际建立的。这场战役进展神速,开始于黎明,终结于接近日落之时。那是雨季中一个正常的日子,在普拉西镇的杧果林中,偶然会有雨水洒下。普拉西镇位于加尔各答与穆尔希达巴德之间。加尔各答是英国人的总部所在地,而穆尔希达巴德则是孟加拉王国的首府。英国军队就在那些杧果林中与纳瓦布西拉杰 – 乌德 – 道拉的军队对阵,而且以锐不可挡之势击败了对手。

    由于我们的学生时代是在普拉西战役近二百年之后才终结的,因此在诸多令人关注的问题中,就包括对英国人轻而易举获胜的原因的探寻。孟加拉是一个闻名于欧洲的地区,这里的一个富饶王国的纳瓦布,被英国人击败竟然易如反掌,何以会如此?英国人的军队规模虽然明显小得多,但他们拥有强大得多的火力和更为严明的军纪。这样标准的军事原因无疑是重要的,但对西拉吉军队的分裂性质起了什么作用也有诸多问题。

    在此次战役后,英国人在统治次大陆期间,就充分利用了所谓印度教徒与穆斯林之间不可调和的敌意(据说,在印度的英国人蓄意让这些教派相互保持距离),而且提出一种理论,说这些教派之间的不和促成了西拉吉的毁灭。然而,事实绝非如此。在孟加拉,印度教徒与穆斯林之间并没有明显的敌意,而西拉吉在穆尔希达巴德的政府并没有背离对印度教徒与穆斯林一视同仁的政策。在穆斯林征服初期的不对等待遇之后,穆斯林在孟加拉的统治就具备了这种不偏不倚的特征。西拉吉将印度教徒米尔·马丹安排在自己宫廷内的一个最高职位上,而马丹到最后成了唯一对西拉吉始终忠贞不渝的将军,是在普拉西同英国人的战斗中捐躯的。西拉吉的首席大臣莫汉·拉尔也是一名印度教徒,一直完全忠于国王。西拉吉的军队分为三部分,分别由三个反对他的阴谋家统领,其中有米尔·贾法尔(西拉吉的叔父)和亚尔·拉蒂夫·汗两个穆斯林,以及一个印度教徒拉伊·杜尔拉布。

    罗伯特·克莱武在挥师向普拉西进军,依然假装寻求和平(当然,这种骗术是他的策略的一部分)时,给西拉吉写了一封信,提议将他们的争议交由这位年轻的纳瓦布所信任的人仲裁。按照克莱武的提议,这些人就是“贾格特·塞特、拉贾·莫汉·拉尔、米尔·贾法尔、拉伊·杜尔拉布、米尔·马丹及你手下的别的伟人”。这是一份由一个穆斯林和四个印度教徒组成的名单。在克莱武看来,他们是这个孟加拉穆斯林国王的核心集团。

    克莱武在穆尔希达巴德蓄意策划的分裂与阴谋,在路数上与宗教路数迥然不同。它们主要是以争权夺利来驱动的。随着孟加拉以往帝国权力的衰落,口是心非就成了地方巨富绅士阶层和在孟加拉的欧洲商人活动中的家常便饭。这些人中不仅有英国人和印度的商人及金融家,而且还包括法国人。实际上,法国人在普拉西战役之前一直与西拉吉结盟,定期信誓旦旦地向他重申肯定予以支持的态度,可是在西拉吉最需要支持的时候,他们却袖手旁观。战时通敌的中心人物原来竟是西拉吉的叔父米尔·贾法尔,而他觊觎王位的野心既强烈又受到克莱武的极大鼓励。米尔·贾法尔在这场军事战斗中的作用至关重要。就在战役进行之中,他统率的位于纳瓦布侧翼的部队突然撤离战斗。这支部队径直退出,似乎是由他与克莱武安排的。

    在取得胜利的当天晚上,克莱武收到首屈一指的阴谋家米尔·贾法尔的一封贺信:“我祝贺您如愿以偿。”克莱武进而处死了西拉吉,而西拉吉始终英勇不屈,坚持反抗到底。克莱武把米尔·贾法尔送上了宝座,但他徒有虚名而并无实权,只能听任英国主子的摆布。所以,帝国开局的一件大事,不是借助于任何宗教对立,而是诉诸一个精心策划的以奖赏背叛为手段的阴谋。倘若普拉西战役是一场板球比赛,那么队长克莱武就会被禁止再度参加未来多年的此类竞技运动。

    近二百年后,1947年8月14日午夜,尼赫鲁发表著名讲话,谈论印度“与命运之神的幽会”,这成为英国人对印度统治终结的标志。当英国国旗在整个次大陆被降下时,不乏对过去殖民统治的不满之声,而人们不必熬夜聆听尼赫鲁的讲话,就能明白英国殖民统治终结令人欣慰的意义。一个公开的秘密是,英国陆军特别喜欢的曲调是《鸣金收兵》(Beating Retreat),而许多印度人觉得这支曲子令人开心。然而,在1944年,当我第一次听到那支令人难忘的优美乐曲时,还几乎没有英国人准备撤出印度的任何迹象。三年后,当独立相当突然地到来时,还是让人感到颇为吃惊并在印度引发了诸多庆祝活动。正如杰出的历史学家尼尔·弗格森在其引人入胜的《帝国》一书中所描述的那样,印度的独立终结了“一个前所未有的独一无二的最大帝国”,而此书是一部出言谨慎而又热情洋溢的英国帝国主义史。

    二百年是一段很长的时间。英国人在印度取得了什么成就,他们未能完成什么使命?在圣谛尼克坦聊天时,这些问题总是在我们的讨论中出现。它们甚至至今依然是重要问题,在讨论全球成功治理之道时尤其如此,因为人们经常援引英帝国之例。有人(又是尼尔·弗格森)亦曾援引英帝国为例,试图劝说美国承认其作为出类拔萃的帝国在今日世界的作用:“美国应当谋求摆脱还是肩负起自己业已继承的帝国重任?”这肯定是一个耐人寻味的问题,而弗格森主张,如果不能理解英帝国的兴衰之道以及它勉力做过的事情,就无法回答这一问题。弗格森是对的。

    在圣谛尼克坦就这一切进行争论时,我们曾为一个棘手的方法问题所困扰。我们难以设想,倘若英国人从来不曾统治过,那么印度在二十世纪四十年代时会是什么样子?一个频繁的诱惑是将1757年(英国人的统治开始之时)的印度与1947年(英国人离开印度之时)的印度进行比较,而我们能从中得到的教益很少,因为即使没有英国人的统治,印度也当然不会一成不变,与它在普拉西战役时一模一样。即便英国人不曾征服印度,这个国家也不会一直停滞不前。可是,英国人的统治造成了什么影响?我们该如何回答这个问题?

    为了说明这样一部“或然历史”的意义,我们可以考虑另一种情况潜在而事实上并没有发生的帝国征服。让我们设想一下美国海军马修·佩里准将于1853年率领四艘军舰驶入日本江户湾之事。现在考虑一下,佩里是否可能不仅是在炫耀美国的力量(情况确实如此),而且就是美国征服日本的先锋,并且就像克 莱武在印度所做的那样,在日出之国的土地上建立一个新的美利坚帝国。倘若我们诉诸简单的方法,通过比较1853 年帝国征服前的日本与美国主宰随时终结之后的日本,来评估所谓美国统治日本的成就,并将所有变化归功于帝国统治,那么我们就不会看到1868年以来明治维新的以及当时正在展开的其他全球化变迁的所有贡献。当时,日本没有停滞不前;印度也不会停滞不前。

    虽然我们可以看到在明治天皇统治之下日本实际发生了什么变化,还是极难有任何把握地猜想,倘若英国人没有征服,印度次大陆的历史会走向什么样的进程。印度会像日本一样,在日益全球化的世界走向现代化吗?或者会像阿富汗那样一直抵制变革?抑或像泰国那样,缓慢地加速前行?这些问题是不可能回答的难题。然而,即便在没有真实的或然历史场景的情况下,一些有限的问题还是可以回答的,从而可能有助于明智地理解英国人的统治在印度所起的作用。我们可以问:在英国人征服时,印度面临的挑战是什么?而在英国人统治期间,在那些至关重要的地区发生了什么?当时,在一个相当混乱和制度上落后的印度,肯定需要重大变革。

    承认印度在十八世纪中叶需要变革,并不意味着要求我们无视印度过去的伟大成就,而印度有许多超级民族主义者对此表示担心。印度在哲学、数学、文学、美术、建筑、音乐、医学、语言学和天文学等领域的成就,构成了一部非同寻常的历史。远在殖民时期开始之前,印度还建立了兴旺的经济,拥有繁荣的贸易和商业,取得了相当可观的成功。印度的经济财富得到了诸如亚当·斯密这样的英国观察家的充分认可(我们在第二章中已论及这一点)。不过,事实是,即便取得了那些成就,在十八世纪中叶,印度还是在许多方面远远落后于正在不断进取的欧洲。在圣谛尼克坦学校晚间进行的活跃辩论中,印度这种落后状况的确切性质和意义是经常提到的话题。

    在思考这一问题时,卡尔·马克思于1853年发表在《纽约每日论坛报》(New York Daily Tribune)上的一篇关于印度的富有洞察力的论文特别吸引了我们之中一些人的注意。马克思指出了英国人在印度统治的建设性作用,理由是印度需要彻底的反思与自省。实际上,英国的确充当了印度与西方的主要联系国,尤其是在十九世纪的进程中。这种影响的重要性难以忽视。当时正在 印度缓慢兴起的本土的全球化文化,不仅深深地蒙受了英国人著 述的恩惠,而且受益于英语之外的欧洲其他语言的书籍和文章,而这些著述也是通过英国人才在印度为人所知的。例如,可以 考虑一下克里斯托弗·贝利在其包罗万象的《现代世界的诞生(1780―1914)》一书中 ] 的重要范例,也就是加尔各答的哲学家罗姆·莫罕·罗易。罗易生于1772年,“在二十年间跳出令人震惊的一步,发生了身份变化,从莫卧儿王朝晚期一个行省的士大夫跃升为印度的第一个自由主义者……[他] 独立提出了加里波迪与圣西门同时在欧洲阐明的一些主题”。要想理解罗易的创新精神, 就必须知道,他的深思远虑不仅受到梵语、阿拉伯语和波斯语文本中传统知识的熏陶,而且受到印度知识界日益熟悉英文著作这一现象的非常强烈的影响。当时,在东印度公司的奖掖下,英文著作流行于加尔各答。

    罗姆·莫罕·罗易只是许多此类激进士人之一。在他之后,在孟加拉地区还出现了伊斯瓦尔·钱德拉·维迪耶萨伽尔、迈克尔·马杜苏丹·达塔和泰戈尔家族数代人以及他们的追随者,他们参照自己所目睹的于十八与十九两个世纪在欧洲发生的情况,反思他们所继承而来的印度。由于英国人的统治,流行于印度的书籍(通常是英文的)是他们的主要信息来源,而且往往是他们唯一的信息来源。时至今日,即使英国人的军事、政治和经济力量已经急剧衰落,那种包含着广泛的欧洲文化的理性知识的影响依然强劲地存在着。我认为,由于未能成为文艺复兴和工业革命在全世界引发的知识与经济全球化(唉!随之而来的还有殖民主义)的一个组成部分,印度的旧秩序正在土崩瓦解,因此马克思关于印度需要某种彻底变革的判断是基本正确的。

    不过,可以说,在马克思的命题中,尤其是在他关于英国人的征服可能是已为印度打开的了解现代世界的唯一窗口这一含蓄的推断中,存在一个严重的瑕疵。印度那时需要的是更具有建设性的全球化,但这与帝国主义并不是同一回事。这种区别是很重要的。印度在其整个悠长的历史中,一直热衷于与外部世界进行商品和思想的交流。从两千余年前开始,在许多世纪之中,商人、移民和学者就在印度与远东之间流动,与中国、印度尼西亚、马来西亚、柬埔寨、越南、泰国以及其他地方来往。甚至在今天,还能大量看到这一活动的深远影响,在语言、文学和建筑方面尤其如此。印度从很早的时期起就持开放边境的态度,欣然接纳来自海外的亡命者及其他移民,从而也产生了巨大的全球性影响。

    就在耶路撒冷于一世纪陷落之后,犹太人开始移民印度,并持续了数百年之久。甚至迟至十八世纪,巴格达的犹太人,如极为成功的沙逊家族(the Sassoons),还大量前来印度。基督徒起码从四世纪开始到来,而且很可能还要早得多。对于此事还有一些有趣的传说,其中一个告知我们,使徒圣托马斯于一世纪来到印度后遇到的第一个人是一位在马拉巴尔海岸吹奏长笛的犹太姑娘。在我们的圣谛尼克坦讨论会上,我们喜欢这则令人动情可无疑不足为信的逸闻,因为它显示了印度传统的多元文化根源。

    从八世纪初起,帕西人刚在伊朗遭到迫害,就开始离开故国前来印度。在同一世纪晚些时候,在从喀拉拉到孟加拉的旅途中,亚美尼亚人开始在印度留下他们的足迹。大约也是从那时起,阿拉伯穆斯林商人大量出现在印度西海岸,在时间上远早于多个世纪后穿越次大陆西北干旱地带到来的穆斯林征服者。在十九世纪,遭到迫害的伊朗巴哈教派才开始来到印度。

    我已经描述过,由此上溯近两千年,毗邻恒河口,在东印度公司十八世纪首次发动征服印度之役的所在地附近,就有早已建立的贸易机构。在普拉西战役之时,已有来自欧洲若干不同国家的企业家、商人及其他职业人士在那里安居下来。因此,臣服于帝国统治并不是与外国进行联系或向它们学习的唯一途径。当明治维新于 1868 年在日本建立了一个新的改良主义的政府时(与十年前海军准将佩里炫耀武力对日本内政的影响不无关系),日本人并没有臣服于帝国主义,而是直接前去向西方学习。他们派人到美国和欧洲接受培训,并做出了显然是由西方经验所激发的制度性变革。他们并没有坐等被帝国主义强行裹挟进全球化的潮流之中。

    在印度独立时,我们曾就英国人在印度的统治进行过辩论。现在回忆辩论会上的这一切,也就想到了我们曾经尝试广泛利用圣谛尼克坦学校非常热切地收藏的全球史。我们曾经终日一刻不停地在我们的开架图书馆里上下求索。我们得出的结论是,英国人很可能确实使印度受到了它所急需的猛然一击,但印度也可能以其他方式觉醒过来。

    然而,我们没有确凿的理由为英国人统治之外的另类道路辩护。比较而言,出自英国行政官员之手的诸多改革是非常具体的,值得赞赏的。英国确实成了印度出色的西方联系国,而这肯定意味着印度与英帝国密切联系在一起。倘若不曾被英国人征服,印度可能已经走上了另外一种历史进程,而承认上面的事实绝不意味着无视这一点这是一个重要但全然不同的问题。然而,实际发生的情况,也就是事实上出现的变革进程,肯定值得予以特别关注。

    我们在这条探索路线上发现了什么呢?英帝国理论家往往予以大力强调的成就之一,就是英国人在创建一个统一的印度中的作用。照此说来,印度就是一个由四分五裂的王国组成的集合体,直到英国人入主,才把这些形形色色的政体打造成一个国家。有人甚至振振有词地说,印度以前根本就不是一个国家,而是一片彻底分裂的陆块。有人进而声称,是英帝国把印度锻造成一个国家的。温斯顿·丘吉尔甚至说,在英国人到来之前,根本就没有印度这个国家。“印度是一个地理学术语。它不比赤道更像是一个统一的国家。”

    倘若事实果真如此,英帝国显然通过其所发挥的统一作用为印度的现代化做出了一项间接的贡献。日本在明治时期采取的那种改良措施,很难在一个没有实现某种程度统一的国家取得成功。然而,有关英国的统治对于成就一个统一的印度起了重要作用的大言是正确的吗?毫无疑问,在克莱武的东印度公司于 1757 年击败孟加拉的纳瓦布时,没有任何一个单独统治全印度的强国。可是,从英国将一个单一而且统一的政体强加于印度(这种情况的确实际发生了)的准故事,到只有英国人才能将一批迥然不同的邦国缔造成一个统一的印度的大言不惭,是一次巨大的跳跃。

    这种观照印度历史的方法无疑与现实完全悖反,而若干本土大帝国执政是过去数千年间印度历史的一个特征。从公元前三世纪起,雄心勃勃而又充满活力的皇帝们(以孔雀王朝的旃陀罗笈 多为始)认为,直至他们视为一个国家的主体在他们的统治下获 得统一时,他们的政权才是完整的。孔雀王朝的阿育王、笈多王 朝诸帝、阿拉乌德丁·哈尔吉、莫卧儿王朝诸帝等等都在这方面 起了重大作用。印度历史表现为一种本土大帝国与成簇的四分五裂的王国的次第交替模式。所以,我们不应当错误地认为,在十八世纪中叶,也就是克莱武时代,印度支离破碎的统治模式就是这个国家在整个历史上的通常呈现的状态,直到英国人满怀热情到来才使之统一起来。

    尽管英国人在历史教科书中常被认为是印度莫卧儿人的继承者,但在莫卧儿人还是一支不容忽视的力量时,英国人事实上并没有与他们较量,而留意这一事实是十分重要的。虽然连英国人所击败的孟加拉纳瓦布表面上也还仍然是莫卧儿人的臣子,但他们的政权业已衰落,而英国人的统治就始于此时。孟加拉的纳瓦布已不再非常听命于莫卧儿皇帝,但依然宣誓效忠于他。尽管强大的帝国本身正在烟消云散,但莫卧儿主宰印度之权的帝国地位继续得到广泛承认。

    1857年,当所谓“印度士兵哗变”威胁到英属印度的根基时,形形色色的参加联合起义的反英武装力量,可以通过共同承认莫卧儿皇帝作为印度统治者在形式上的合法性而结盟。事实上,这位皇帝是不情愿领导那些起义者的,但这并没有阻止起义者们宣告他为全印度的皇帝。八十二岁的莫卧儿君主巴哈杜尔·沙二世,常被人称为扎法尔,非常热衷于阅读和作诗,而对进行战争或统治印度则意兴阑珊。在这次哗变被残暴镇压、德里城大部被摧毁时,他对于救助遭到英国人杀害的 1400 名手无寸铁的平民几乎无能为力。这位诗人皇帝被放逐到缅甸,约五年后在那里故去。

    二十世纪三十年代,作为一个在缅甸成长中的孩子,我曾被父母带着去看扎法尔在仰光的坟墓。这座坟墓就在著名的瑞光大金塔附近,规格遭到限制,不过就是安放了一通毫不起眼的石板,上面覆盖着波纹铁皮,丝毫没有显贵之处。我记得曾与父亲谈论此事。英国在印度和缅甸的统治者,显然一定害怕这位末代莫卧儿皇帝的遗骸还有引人忆起历史风云的力量。墓碑铭文仅有“巴哈杜尔·沙系德里前国王”寥寥数字,在这样表示纪念的文字中竟然不提“帝国”一词!直到多年之后,在二十世纪九十年代, 扎法尔才获得礼遇,总算有了一座与莫卧儿帝国末代皇帝的身份近乎相称的坟墓。

    倘若英国不曾入主印度,莫卧儿帝国大有可能的继承者也许会是孟买附近新兴的信奉印度教的马拉塔人政权。这些政权定期洗劫莫卧儿帝国的都城德里,并利用它们的实力干扰印度各地。早在1742年,东印度公司就在加尔各答的边缘建造了巨大的“马拉塔堑壕”(Maratha ditch),以减慢马拉塔骑兵闪电般的突袭。这支部队骑行神速,能跨越一千英里或更长的距离。可是,马拉塔人距离整合一切从而制定一个建立全印帝国的规划还相去甚远。

    比较而言,英国人只有在成为次大陆多半领土的主宰力量时才会心满意足。因此,与其说他们从海外带来了对一个统一的印度的新愿景,毋宁说他们是在充当本土既往帝国的继承者。几乎在普拉西战役之后,英国人的统治就立即开始从其在加尔各答的 帝国基地向国内其余地区扩散。随着东印度公司的权力在印度各 地的扩张,加尔各答成为这个新兴帝国的首府。从十八世纪中叶直到1911年(首府于是年迁往德里),它一直占据着这个地位,而对印度其他地区的征服正是在加尔各答策划和指挥的。在很大程度上,东印度公司从其在孟加拉的经济运作中获取的利润,成为英国人于殖民扩张时期在印度各地从事战争的资金来源。

    在普拉西战役之后,被广泛称为“孟加拉金融失血”的情况很快发生。东印度公司将纳瓦布们置于控制之下,不仅从领地财政收入中赚了大钱,而且凭借自己在富有的孟加拉经济体系中独享的免税贸易特权而收获颇丰,甚至用不着算上东印度公司定期向当地商人索取的所谓“礼物”。那些希望受到英帝国荣耀激励的人,最好避而不读亚当·斯密的《国富论》,还要避而不读他对一个“压迫并横行于东印度群岛的商业公司”滥用国家权力的论述。正如历史学家威廉·达尔林普尔所观察到的:

    经济数字有目共睹。在1600年东印度公司成立时,英国生产了世界国内生产总值的1.8%,而印度则创造了22.5%。到英国统治印度的巅峰时期,这些数字就几乎被颠倒了:印度从世界名列前茅的制造业国家沦为饥荒与贫困的象征。

    虽然大多数来自金融失血的赃款落入了在孟加拉的英国公司官员手中,可英国国内的政治和商业领袖也普遍参与了分肥:普拉西战役之后,伦敦将近四分之一的议员拥有东印度公司的股票。英属印度帝国的商业利益于是深度渗入英国权势集团内部。随着人们认识到需要法律与秩序以及稍许公平合理的治理方式,这个强盗与统治者合二为一的综合体,最终确实被后来发展起来的 传统殖民主义所取代。然而,东印度公司早期对国家权力的滥用,使孟加拉经济处于巨大的压力之下。制图员约翰·桑顿在其著名的1703年地区图表中描述道:“这个富饶的孟加拉王国”在1769―1770年间经历了一场巨大的饥荒。当时的估计表明,约三 分之一的孟加拉人口死亡。这几乎肯定是一种过高的评估。我们于是在圣谛尼克坦花费了相当多的时间,试图弄清实际可能的人 口死亡数字有多高。不过,毫无疑问,那是一场伴有非常严重的 饥饿与死亡的巨大灾难,而那场灾难就发生在一个很长时间没有见过饥荒的地区。

    那场灾难产生了至少两个有重要意义的效应。首先,英国人早期在印度统治的不公正,成为英国自身大量政治批评的主题。到亚当·斯密在《国富论》中有力宣告东印度公司“完全不适于管理其领地财产”时,有许多英国人发出声音,做出了类似的批评。最强有力的控诉来自名士埃德蒙·伯克,就在他于1789年弹劾华伦·哈斯丁斯时的议会发言之中。伯克对哈斯丁斯的公开谴责既有力又雄辩,但他关于哈斯丁斯个人背信弃义的见解是严重不合时宜的。在阻止英国人广泛劫掠印度这方面,哈斯丁斯曾经付出努力并在很大程度上取得了成功,与他的几位负责东印度公司的前任,包括克莱武,形成了对照。奇怪的是,伯克非常钦佩克莱武。不过,对于东印度公司统治印度的恶劣程度,伯克的总判断并没有错。其次,孟加拉的经济衰退最终也确实破坏了东印度公司的商务,伤害了英国投资者自身,而且给伦敦的权力集团提供了将它们在印度的商业机构变成更为正规的国营公司的理由。在伯克公开谴责哈斯丁斯时,英国人在印度的统治以所谓“后普拉西战役劫掠”时期开始。这一时期很快就被殖民征服时期取代,殖民征服很快成为帝国标准,而在随后的一个半世纪中,次大陆对这一标准变得越来越熟悉。

    从十八世纪晚期至1947年印度独立,如此漫长的英属印度古典帝国主义阶段有多么成功?英国人声称,他们取得了一系列巨大的成就,包括民主、法治、铁路、合股公司和板球,可是在两国之间的帝国关系史上,理论与实践之间的鸿沟始终十分宽阔,而板球则是个例外。如果把独立前若干年的记录聚拢起来评估,就能轻而易举地发现,与他们自伐其功夸夸其谈相对照,他们的成就实在差得太远。

    实际上,拉迪亚德·吉卜林在其那首关于帝国主义的名诗里惟妙惟肖地再现了英帝国行政官员自鸣得意的口吻:
    肩起“白人”的重负——
    平息野蛮残暴的战事——
    填满“饥荒”的巨口——
    努力让疾病就此消失。

    唉!英国人在印度统治的炫目成就,既不包括消除饥荒,也不涉及救死扶伤。我们绝不会无视一个事实,即在英属印度帝国寿终正寝时,印度人的出生预期寿命低得惊人,最多只不过区区三十二岁。

    殖民统治在忽视基础教育方面所表现出来的怠惰,反映了首要行政官员对业已臣服民族的需求的态度。统治者与被统治者之间存在着巨大的不对等性。在十九世纪,英国政府在实现英国本土人口普遍识字方面变得日益坚定不移。相形之下,在英国人统治之下的印度,识字率却非常低。在英属印度帝国终结之时,印度的成人识字率低于百分之十五。印度仅有的识字率较高的地区 是特拉凡哥尔与科钦两个“土邦”(形式上自外于英帝国),而它们从印度独立时起就构成了喀拉拉邦的主体。这两个王国虽然在对外政策和防务方面依附于英国政府,但严格来说一直不属于英帝国,而且在对内政策上有相当大的自由,于是它们实行了有利于更多发展学校教育和公共医疗服务的政策。

    殖民统治的二百年也是一个非常严重的经济停滞时期,实际人均国民生产总值几乎没有提高一星半点。独立后,这些严酷的事实在新获自由的媒体上被大量披露出来,而应当承认,这些媒体的丰富文化素养在一定程度上就是从英国公民社会继承的遗产。尽管印度媒体在英国人统治期间经常因遭到审查而噤声当局这样做,主要是为了禁止对英帝国统治提出批评,例如在1943年孟加拉饥荒发生时就是如此 但在英国精心养成的新闻自由传统,还是随着国家获得独立而为印度提供了一个可资效法的良好范例。

    实际上,印度从英国获得了许多绝妙的东西,而这些东西也只有在独立后才可能并在实际上为印度所采用。印度的诸语言文学从英国文学汲取了某些灵感,也从中借用了一些体裁样式,连长盛不衰的印度英文写作传统也不例外。在英国政府的统治下,对于出版和宣传什么是有诸多限制的(甚至泰戈尔的一些书也被禁止出版)。如今,印度政府已无此类需要,可令人感叹的是,出于诸多全然不同的原因,国内威权主义政治施加的种种限制所造成的烦扰,有时并不比殖民统治时期逊色。

    在这一方面,也许没有什么像多党民主和新闻自由的正常运行那样重要。但是,在帝国时代,在英国政府的统治下,它们往往不是可以轻而易举做到的事情。它们只是在英国人离开之后才变得切实可行。换言之,它们是学习英国自身经验的结果,而印度只有在英属印度帝国终结之后才能自由运用它们。帝国统治往往需要一定程度的专制:不对等的权力通常并不认同新闻自由或票决民主,因为它们无一符合控制殖民地臣民的需要。

    英国人自称,他们已经消灭了诸如印度之类附属领地上的饥荒。对此抱以类似的怀疑态度是恰如其分的。英国人对印度的统治,是伴随着1769―1770年的大饥荒开始的,而在整个英国人统治期间,饥荒在印度频繁发生,始终不曾断绝。英国的殖民统治也是伴随着1943年极其严重的饥荒而告终的,我在第七章中已对此予以论述。相形之下,自1947年独立以来,印度还从来没有发生过饥荒。

    还有一件具有讽刺意味的事情是,有助于在独立的印度消灭饥荒的制度,也就是民主和相对自由的媒体,是直接来自英国的。这些制度与防治饥荒之间的联系是不难理解的。饥荒是易于防止的,因为较小数量的免费粮食,或以较低的工资提供一些公共就业机会(从而使公共就业机会受益人获得购买粮食的能力),就能让那些遭受饥荒威胁的人具有避免极端饥饿的能力。所以,任何政府都应当能够阻止一场迫在眉睫的或大或小的饥荒,而这也非常符合一个在正常运行的民主体制内并允许新闻自由的政府的利益。新闻自由使一场正在加剧的饥荒的事实真相变得众所周知,而民主投票又使政府难以在饥荒期间或事后赢得选举,因此会更为强烈地激励它毫不迟延地解决问题。

    只要人民没有民主权利,印度就没有这种免于饥荒的自由,即使它是由世界上首屈一指的民主国家统治着,而且在这个国家的大都会里就有极为驰名的新闻自由,可在殖民地却没有这样的新闻自由。这些以自由为取向的制度是为统治者服务的,而不是为帝国臣民服务的。

    1941年,泰戈尔(在他最后一个生日之际发表的一个演讲中)有力地控诉了英国人在印度的统治。他表示,印度从其与英国的联系中,如从“围绕莎士比亚戏剧和拜伦诗歌,尤其是……十九世纪英国政治中心胸豁达的自由主义等中心议题的讨论中”获益良多。他在这个最后的演讲(《文明的危机》)中说,悲剧在于这一事实,也就是“他们自己文明中真正最好的东西,即对人际关系中尊严的维护,在英国对印度的治理中完全无足轻重”。英国的作用与英帝国主义的作用之间的区别已经再清楚不过。当英国国旗正在印度各地降下之时,我们就深刻地意识到了这一区别。

  • 李安山:人类起源的非洲考古:发现、积累与辩论

    人类对自身的起源一直很感兴趣,努力加深有关自身初史(或史前史)的探索和研究。“史前史”(prehistory)指人类产生并在劳动中逐渐进化成现代人的时代。喀麦隆籍人类学家高畅(Augustin Holl)教授认为,采用“史前史”一词来描述人类历史没有意义。所谓的“历史”是从遥远的人类起源直到现在,它是一个连续体,“史前史”一词容易被人误读,因此他建议用“初史”(Initial history)取代。历史的分期是必要的,但它不需要建立在一个“之前”即史前史和一个被视为文明的门槛之后的历史。有鉴于此,他提出用“初史”来取代“史前史”的概念。这一意见被联合国教科文组织《非洲通史》(9~11卷)国际科学委员会采纳,其观点在新编《非洲通史》(9~11卷)中亦有所表述。

    达尔文曾认为非洲是人类的发源地。他指出:“在世界上的每一个大区域里,现今存在的各种哺乳动物和同区域之内已经灭绝了的一些物种有着密切的渊源关系。因此,有可能的是,在非洲从前还存在过几种和今天的大猩猩与黑猩猩有着近密关系而早就灭绝了的类人猿;而这两种猩猩现在既然是人的最近密的亲族,则比起别的大洲来,非洲似乎更有可能是我们早期祖先的原居地。”他同时提出人类的两个重要特征:两足行走和扩大的脑容量。两足行走的重大意义在于它是一种极重要的适应,也包含着巨大潜能:将上肢解放出来以致有一天能用来操纵工具。可以说,所有两足行走的猿都是处于某种进化过程中的“人”。达尔文在1871年作出的这一预测激发了人们的想象,也一直成为古人类学家和考古学家力图探讨的课题。他同时还指出了人类进化中双足直立对解放手的作用。这种将非洲确定为人类发源地的观点在当时颇不受欢迎:一是因为种族歧视使人们难以赞同人类起源于非洲;二是当时在欧洲和亚洲均发现了人类早期化石,而非洲尚无任何发现。值得注意的是,1924年,澳大利亚体质人类学家和古生物学家雷蒙德·达特(Raymond Arthur Dart,1893—1988)在南非汤恩(Taung)采石场发现一个小孩的不完整头骨。这个被命名为“南方古猿非洲种”(Australopithecus africanus)的“汤恩小孩”(“Taungs child”或“Taung child”)生活在约200万年前,它是一个两足行走的猿。达特的这一发现揭开了人类起源及演变的历史画卷,为后来在非洲及其他地区的考古发掘提供了引导和借鉴,也为学术界有关人类起源的争论提供了中心议题。由此,2024年在“南方古猿非洲种”发现100周年以及“图尔卡纳男孩”化石发现60周年之际,本文拟在梳理非洲人类考古重要发现的基础上,探讨非洲在人类起源问题上的独特贡献。

    南非古猿非洲种:命名与反对

    “人类化石记录的知识在非洲缓慢地发展,这一发展开始于1924年,当时雷蒙德·达特宣布发现了著名的汤恩小孩。”出生于澳大利亚布里斯班的雷蒙德·达特,在昆士兰大学和悉尼的医学院完成学业后,一战后曾在英国与著名解剖学家和人类学家格拉夫顿·艾略特·史密斯爵士(Sir Grafton Elliot Smith)共事并受其培养训练。1922年,他成为南非约翰内斯堡威特沃特斯兰德大学医学院解剖学教授。1924年夏,达特教授发动学生到野外收集动物化石,名为约瑟芬·萨蒙斯(Josephine Salmons)的学生提供了关于在位于贝专纳兰保护地的汤恩矿区有不少动物化石这一极有价值的信息,达特立刻从各方面打听消息并收集化石。而后,他在矿山经理斯皮尔斯(A.E.Spiers)向其展示的所收集的动物化石中发现了一块不完整头骨。作为解剖学家,他发现这个显然是灵长类动物的头骨。这块化石非常奇特,“它对原始人(primitive man)来说不够大,但对类人猿(ape)来说,有一个巨大的凸起的脑,最重要的是,前脑太大了,向后延伸太远,完全覆盖了后脑。”这块化石外表层后面具有清晰无误的犁沟之间的明显距离,这种被称为“月沟”或“平行沟”的犁沟往往出现在类人猿或原始人的脑上。达特的导师格拉夫顿·艾略特·史密斯爵士就是因为发现“人脑月沟”而享有盛名。这块不完整头骨包括部分颅骨、面骨、下颌骨和脑模。头骨有许多似猿的性状,但也有很多人类的性状:上、下颌骨不如猿向前突出,颊齿咬合面平,犬齿小。特别重要的是,枕骨大孔位于中央。这些特征表明这是一个两足行走的猿的头盖骨。当达特发现这些将要改变人类认识自己演变过程的重要物证时,他立刻联想起达尔文有关非洲是人类发源地的预测,其激动心情溢于言表:“我会成为找到他‘缺失环节’(missing link)的工具吗?”他在兴奋之余,经过17天对化石的勘察、分析、比较和综合,于1925年1月6日将稿件寄出,1925年2月7日在《自然》杂志上发表。雷蒙德·达特宣布自己发现了一块独特的头骨化石,认为这是介乎“活着的类人猿和人类”之间的猿人化石,认为这只非洲猿代表了类人猿和人类之间缺失环节,因为它结合了类人的牙齿、直立的姿势以及较小的颅骨容量。这个被命名为“南方古猿非洲种”的“汤恩小孩”生活在约200万年前,是一只两足行走的猿。这证明了查尔斯·达尔文1871年的观点“非洲将被证明是人类的摇篮”。

    以亚瑟·基思爵士(Sir Arthur Keith)为首,包括艾略特·史密斯爵士、史密斯·伍德沃德(Smith Woodward)和达克沃斯(W.H.L.Duckworth)等4位英国学术权威在同一期《自然》杂志上表示了自己的态度,其谨慎观点似乎在等待雷蒙德·达特发表其相关研究的详细报告。体质人类学家的权威亚瑟·基思将其归类为黑猩猩和大猩猩的亚种;雷蒙德·达特的导师、神经解剖学家史密斯确认这块化石很重要,但不宜过高地宣扬其与人类的亲密关系;伍德沃德认为所提供的证据不足并否认头骨与人类祖先有任何联系;达克沃斯以不偏不倚的严肃态度接受达特的说法,并对这位年轻解剖学家的能力表示充分信心。与此同时,雷蒙德·达特发现“汤恩小孩”的消息在世界学术界引起了轰动。1925年,在伦敦温布利(Wembley)举行的大英帝国展览上,一块化石的复制品被展示在“非洲:人类的摇篮”的标识下。雷蒙德·达特之所以将这一化石放在温布利展出,当然是希望它得到大众的认可。然而,效果似乎适得其反。一种像猿的生物是人类祖先?这一看法很难被大多数欧洲人类学家接受,一是因为绝大多数人相信人类是上帝创造;二是这种猿出现在非洲简直不可想象。一位法国人直言:达特将会“在地狱里无法熄灭的火焰中烧烤”,因为他声称汤恩的头骨代表了人类的祖先;一位英国人写道:“我希望你能被安置在一个为弱智者服务的机构里”;一位丹麦人警告说,达特签署了他的“引渡令”,因为他不礼貌地解释了人类的起源;伦敦的《星期日泰晤士报》上一封信署名为“一个平凡但理智的女人”声称:达特是造物主的叛徒,并使自己成为“撒旦的积极代理人和现成的工具”。

    基思爵士通过致编辑信件的方式在随后的一期《自然》杂志上直接提出反对意见。虽然他的语言比较委婉,但其对立的观点十分明确。首先,基思公开表示达特对这块化石的解释“让我们许多人感到怀疑”,以确立自己代表的是大部分学者的观点。其次,他试图用其他学科的看法来说明达特观点的错误,“动物学家对温布利展出的模型进行检查后会相信这种说法是荒谬的。”他对达特的最后评价是:“他的发现揭示了类人猿的历史,但没有揭示人类的历史。爪哇人(Pithecartopus)仍然是人类和类人猿之间唯一已知的联系,而这种已经灭绝的类型位于人类一侧。”反对者普遍认为这个标本是一只未成熟的猿的头骨。达特于1930年前往英国为自己的观点争取支持,而中国科学家裴文中(1904—1982)在周口店发现的一个基本完整的直立人(Homo erectus)头骨的消息正在欧洲广为传播。这一消息不仅大大降低了达特英国之行的重要性,他自己也颇为沮丧。英国之行在达特的事业上留下了抹不掉的阴影,这一点他在自己的传记著作中坦然承认。此行既未达到宣传自己观点的目的,又没能说服伦敦的专业权威发表他的论文,加之裴文中的发现将人们的注意力集中到人类起源的东方说。最有意思的是,基思爵士告知达特自己正在出版一部有关最新考古发现的著作,其中详细阐述了不同于达特有关“南方古猿非洲种”的看法的观点,而以他为代表的这个领域的英国学术权威们却将达特的论文束之高阁,不予发表。

    不容否认,有关“南方古猿非洲种”这一具有历史意义的考古发现的重要价值被长期埋没。在随后的20余年里,达特的观点在以英国为首的国际学术界一直被忽略。与此截然相反的是,达特在南非的地位瞬间上升,成为一位英雄。“在南非,达特因为发现了一个关键的‘缺失环节’并将这个国家放在了进化地图上而立刻被视为英雄。当地媒体对这一新发现进行了重要报道,这是从偏远的北开普省汤恩的一个采石场爆破的石灰岩中发现的。”官方的大力支持加上媒体的炒作,使达特声名鹊起。其中一个重要原因是,这一发现刺激了南非白人的民族主义,对英布战争后英国人与阿非利卡人之间的裂痕产生了重要的修补作用。刚离开政坛的前总理史末资从南非的科学进步潜力和在国际社会中发挥重要作用的角度来描述达特的发现。一些对达特观点持有不同意见的学者甚至难以在公开场合表达自己的看法。达特享受着极高的学术声誉,特别是在他的观点于20世纪50年代得到认可之后。在20世纪60年代,学界在达特75岁生日时专门发文祝贺他取得的学术成就,有关达特发表成果的统计结果(1920~1967年)已经出现,威特沃特斯兰德大学于1969年专门出版了有关他发表成果的参考文献著作。20世纪80年代先后出版了两部有关达特与他发现“缺失环节”的学术成就的书籍由于达特在人类起源考古研究上作出的重要贡献,威特沃特斯兰德大学建立了非洲人类研究所(Institute of the Study of Man in Africa)以纪念他取得的成就。

    南方古猿非洲种:否定的原因

    20世纪上半叶是一个非常特殊的时代。欧洲殖民统治在非洲的建立、巩固和动摇使种族主义思潮甚嚣尘上,欧美各国以及殖民地的民族主义因两次世界大战而颇为盛行。在这种特殊的氛围下,达特的观点不易被学术界接受。究其原因,除了已有的发现和流行的观点,如其导师史密斯认为脑容量大是人类进化的关键等之外,主要有四方面的原因。

    第一,“如此像猿的一种生物可能是人类祖先”的观点在一个信仰基督教并相信“上帝创造人”的环境中确实很让人难以接受,因此人们对他的发现普遍反感。

    第二,当时人类起源的东方说在学界比较流行。人们普遍认为人类最初是在亚洲进化而来,这主要是因为荷兰解剖学家尤金·杜波伊斯(Eugene Dubois,1858—1940)等人自1890年起先后在印度尼西亚发现一批人类化石。中国的考古发掘则为东方起源说强化了论据。自1918年以后特别是在20世纪20年代,中国发现不少哺乳动物化石,这些化石中有两颗人的牙齿,这是有关北京猿人的最早发现。1929年,中国考古学家斐文中的发现震惊了考古学界,给达特的发现及其观点的重要性打上了一个极大的问号。这一点在达特的传记中有所描述。达特从英国回到南非以后,曾一度陷入苦恼之中,中国猿人的发现的确对他的冲击太大。他全身心地投入到威特沃特斯兰德大学解剖学系主任的工作中,此后多年未进行有关人类起源问题的探讨。然而,他对自己的观点深信不疑。

    第三,英国当时盛行的民族主义情绪使“皮尔当骗局”(Piltdown Hoax)长期占领着主流话语。此前,1856年,在德国杜塞尔多夫(Dusseldorf)附近发现了尼安德特人化石(Homo neanderthalensis,Neanderthaloid);1868年,在法国的克鲁马努地区发现了克罗马农人化石(Cro-Magnon)。这些发现在欧洲学术界影响极大。既然人类起源地可能在欧洲,英国似乎迫切需要发现自己的古人类化石。古人类学家托拜厄斯(P.V.Tobias)颇为幽默地指出,“法国和英国在非洲领土上的经典竞争可以追溯到19世纪争夺非洲之前的几百万年。”1912年,在英国东萨塞克斯郡尤克菲城(Uckfield)附近的村庄皮尔当“发现的”早期人类化石,给热衷于研究人类起源的欧洲地质学和考古学界特别是英国人类学家带来了惊喜。这些化石在约40年里一直被欧洲考古学界认为是更新世时期的化石。基思爵士是“皮尔当人”作用的主要支持者。达特的导师格拉夫顿·艾略特·史密斯爵士也是“皮尔当骗局”的受害者。这一骗局持续40余年,直到1954年被揭穿。

    第四,最重要的因素是欧洲盛行的种族歧视。“政治和种族理论似乎是天生的盟友。”种族主义在19世纪盛行。德国哲学家黑格尔(1770—1831)在《历史哲学》中一方面承认自己对非洲“几乎毫无所知”,另一方面却随意贬低非洲文化。法国文学家雨果(1802—1885)在1879年宣称非洲没有历史。这些文人的见解与其说是对非洲历史的无知,不如说是欧洲人对持续近400年的奴隶贸易的自我宽慰——非洲黑人低人一等的观点使得欧洲白人将他们作为廉价劳动力贩卖为奴的做法显得顺理成章。早期抵达非洲的欧洲探险家们用欧洲白人的视角来观察非洲,通过各种所谓具有亲身经历的日志,传达了两个信息:非洲人是低等种族,非洲需要欧洲人来传播文明。这些观点不仅为逐渐成熟的种族主义理论提供了论据,也为瓜分非洲提供了“合法”的理由。殖民统治建立后,种族歧视观点更为直白。英国历史学家牛顿在1923年认为,“非洲在欧洲人进入之前没有历史”。英帝国时期著名学者伯厄姆在1951年提出,“非洲没有书面语言,因而也不存在历史。”另一位史学家特雷沃尔-罗珀在1963年表示:“可能在将来会有非洲历史可以讲授,但目前还没有,只有在非洲的欧洲人的历史。其余是一团漆黑……而黑暗不是历史的题材。”历史学家汤因比在1966年仍将“西方人”进入非洲作为文明的标志,认为非洲是文明渗透最晚的一个大陆。直到1972年他才在新版《历史研究》中承认,热带非洲在农业和冶金方面有着可与西欧比肩的历史。

    “含米特人”(the Hamites)一词来自《圣经》中挪亚的儿子含(Ham),后来被利用作为廉价劳动力的代名词。阿拉伯人旅行家利奥·阿非利肯纳斯(Leo Africanus,1492—1550)在其著述中,认为非洲人是含的后代。作为一个内涵模糊的概念,“含米特人”在欧洲学界的长期操弄下逐渐演化成高加索人种的分支,与欧洲人或白人同属一个伟大的人类分支。塞利格曼在《非洲的种族》一书中对“含米特人”概念的理论化使它的涵义固定下来。此书从1930年出版到1966年一直被作为经典著作。塞利格曼的论点很明确:非洲大陆在伊斯兰社会之前的文化发展归功于可能来自东北非的含米特移民,他们将黑人引入社会变革和技术创新。“非洲的文明就是含米特人的文明。”“除了相对较晚的闪米特族的影响之外……非洲的文明是含米特人的文明,其历史是这些人以及与另外两个非洲种群即黑人(the Negro)和布须曼人(the Bushman)互动的记录,无论这种影响是由高度文明的埃及人施加的,还是由今天以贝贾人和索马里人为代表的更广泛的牧民施加的……新来的含米特人是游牧的“欧洲人”(pastoral “Europeans”)——一波接一波地到来,他们比黑肤色的从事农业的黑人武装得更好,反应也更快。我们今天知道,“含米特主义这一概念的作用是将黑人描绘成一个天生自卑的人,并使得对他的剥削合理化。”在这种歧视非洲的种族主义理论占上风的欧洲语境中,人类起源于非洲这一结论很难被人接受。

    南方古猿非洲种:证实的过程

    南非德兰士瓦博物馆的古生物学家罗伯特·布鲁姆(Robert Broom,1866—1951)对证明人类起源于非洲的观点起到了重要作用。理查德·利基这样评价他:“英格兰的古生物学家罗伯特·布鲁姆,20世纪30年代和40年代在南非开创性的工作,有助于非洲是人类摇篮观点的确立。”达特的论文发表后,他非常兴奋,专程上门拜访达特。达特后来回忆起布鲁姆突然闯入他的实验室:“他无视我和我的工作人员,大步走到头骨所在的长椅上,跪下‘崇拜我们的祖先’。”作为达特观点的坚定支持者,布鲁姆到处传播这一发现的重要性。牛津大学的地质学家和人类学家索拉斯(W.H.Sollas)原来与其他英国学者的看法一致,认为“汤恩小孩”更接近于大猩猩和黑猩猩。当他看过布鲁姆转来的有关信息后,在1925年6月13日的《自然》以及1926年的《地质学会季刊》杂志先后发文,认为“南方古猿非洲种”头盖骨与类人猿存在诸多明显的差别。索拉斯教授在致布鲁姆的一封信中还表示:艾略特·史密斯也与他持相同观点,认为这块化石是一个高级类人猿的头盖骨,可能接近人类祖先。达特更没想到,1925年6月访问南非的威尔士王子表示希望“看看达特教授的孩子”。他十分兴奋地将这个标本带到威尔士王子下榻的约翰内斯堡卡尔顿酒店,向王子介绍了这个重要发现。

    作为南非早期人类化石探索的先驱者之一,布鲁姆是英格兰人,他早在1918年就发表过有关早期考古报告,后来也投身于早期人类化石的考古工作。布鲁姆于1934年开始在德兰斯瓦博物馆就职,1936年开始从事有关人类起源的早期化石的考古搜寻工作。从那时起到1960年,几乎所有关于南方古猿(Australopithecines)的化石都来自南非的石灰岩洞穴。最丰富的来源是4个山洞遗址:德兰斯瓦的斯特克方丹(Sterkfontein)、克罗姆德莱(Kromdraai)、斯瓦特克朗(Swartkrans)和马卡潘斯盖特(Makapansgat)。布鲁姆的团队从1936年开始收集了数百个标本,并于1938年将发现的南方古猿部分头颅骨及颌骨化石命名为“傍人”(Paranthropus)。斯特克方丹是大约300万~250万年期间人类进化的最丰富的信息来源之一。这些发现为证实南方古猿非洲种提供了更多证据。另一位人类起源研究的先驱托拜厄斯的考古报告,特别是马卡潘斯盖特的成果使达特激动不已,他开始考虑重新回到自己一直关切的有关“南方古猿非洲种”的持续研究之中。

    1932年底,比勒陀利亚的几名学生在马蓬古布韦(Mapungubwe)发现了早期墓室里的头骨,以及与早期人类生活相关的各种遗物,包括金子。发掘者几乎被葬品惊呆:不少于70盎司的黄金、130个金手镯与大量珠子和镀金作品,头骨下面的镀金碎片明显是为了装饰头枕,还有金圆环和金鞘等大量金制饰品。比勒陀利亚的利奥·福切(Leo Fouché)教授在获知这个“奢华葬礼”消息后,参与了对文物的考察,并对金子的纯度进行检测,结果证明金子纯度非常高。他将马卡潘斯盖特的发现报告给政府。在政府的干预下,这个地区在随后两年里又发现了24个墓葬,其中的遗骸引起了学界的重视。南非方面请基思爵士对这些遗骸进行鉴定,但基思以南非自己有足够的学者可进行测定为由拒绝。当福切教授联络达特参与鉴定时,他也婉言谢绝以避嫌。这些遗址在1905年曾被兰德尔·麦克伊维尔测定为班图人的,但达特通过对各种器物的比较,认为有外来因素的影响。

    在布鲁姆的鼓励下,达特后来决定重返人类早期化石的搜寻和论证,并取得了不菲的成果。南方古猿非洲种相关化石的另一个重要来源地是南非的马卡潘斯盖特。达特早期就注意到位于马卡潘斯盖特的一些早期人类居住地的特征,1948年7月,他的助理在马卡潘斯盖特发现了一只成年男猿的下腭,随后又发现了一个成年女性的左脸和4块其他类型的早期化石碎片,包括下腭、髋骨和头骨等,在马卡潘斯卡的一个洞穴中则发现了更多的类似遗骸。这些化石后来被命名为“普罗米修斯南方古猿”(Australopithecus prometheus)。达特及团队也在斯特克方丹、斯瓦特克朗、克罗姆特莱和马卡潘斯盖特等山洞遗址里发现了大量早期人类化石,并为每一个化石取了新的种名。1947~1962年间,他们在那里收集了约40个标本。布鲁姆的主要贡献在于他与谢泼斯关于南方古猿非洲种的专著从理论和实证上阐述了达特的观点,使许多古人类学家相信了南方古猿非洲种是现代人类的祖先。基思爵士最终不得不承认达特的结论是正确的,他自己的判断是错误的。后来的研究甚至涉及“汤恩小孩”死亡的原因,多学科的研究推测这名儿童是被一只大型猛禽杀死并吃掉的,很像现存的非洲冠鹰。这样,在南非,我们有了一个生活在300万年与100万年之间的包括早期人类的系列考古发现。

    除了南部非洲之外,在东部非洲和中部非洲也有其他类型的早期人类化石的发现。1960年,乔纳森·利基(Jonathan Leakey)在东非奥杜韦峡谷发现了另一种类型的人类头骨片。这个化石与南方古猿的最大不同之处在于,其头脑几乎大出50%。路易斯·利基(Louis S.Leakey)认为,这一化石代表了最终产生现代人的那一支。鉴于该化石说明此人已能制作石器,达特建议将这一标本命名为“能人”(Homo habilis),即“手巧的人”。利基与托拜厄斯和内皮尔3人根据7个化石个体确定了“能人”这一学名。利基认为,能人是人类最早类型,是智人的祖先,但既不属于南方古猿类,也不同于直立人。路易斯·利基在1961年的“赫伯特·斯宾塞讲座”中明确指出:非洲对人类进步的第一个贡献是“人类自身的进化”。中国人类学家吴汝康指出:“直到50年代末,在东非发现了大量的早期人类化石,人类学界的多数才开始转而认为人类起源的地点是非洲。”南方古猿非洲种在人类起源发展史上的重大意义之所以被重新认定,主要是在同一地区以及东非地区发现了大量的早期人类化石,从而加强并最终证实了达尔文的观点。托拜厄斯曾经就南方古猿非洲种的含义提供了一种令种族歧视者汗颜的解释:“可能需要提醒那些贬低非洲及其成就的人,非洲的最大恩惠是它给了世界第一个原始人和第一种人类文化。”他的评价是对的。

    人类在非洲起源的线索:化石搜寻的历史

    从20世纪初到90年代,在非洲的有关人类起源的发掘与研究一直在推进。1913年,在南非德兰士瓦的博斯科普发现了一块头骨化石。罗伯特·布鲁姆于1918年将其称为“博斯科普人”(Boskop man,Homo capensis)。1921年,在赞比亚的断山(Broken Hill)发现了一个头骨和一些体骨,其年代被推测为35万年以前。这些人类化石与尼安德特人近似,很有可能是带有相同人种特点的非洲标本。自发现南方古猿非洲种以后,其他地区也先后发现了多个时期的人类早期化石。1931年,路易斯·利基在东非奥杜韦峡谷发现了动物化石和粗石器后,认为人类进化的中心在非洲而不是亚洲。1932年,他在肯尼亚西部坎杰拉发现两块残破的头骨,可能属于智人种。1939年科尔·拉尔森(L.Kohl Larsen)在坦桑尼亚的埃亚西湖东北部发现了下颌骨,由此将南方古猿的分布扩展到东非。1959年,玛丽·利基(Mary Leakey)在奥杜韦峡谷发现了与南方古猿粗壮种相像却更粗壮的175万年历史的磨石齿,命名为“东非人鲍氏种”(Zinjanthropus boisei,简称“Zinj”),后改为“南非古猿鲍氏种”(Australopithecus boisei)。这一发现具有非常重要的意义。首先,它激发了人类古生物学界的热情和引发了有关人类起源的科学辩论,且抓住了公众的想象力。其次,这一发现使得美国国家自然地理学会认识到奥杜韦对早期人类化石发掘的重要性,并愿意提供研究经费。再次,这对达特的早期发现也具有重要意义。路易斯·利基专门邀请达特、德斯蒙德·克拉克(Desmond Clark)等古人类学家和考古学家来考察这一发现的遗址。玛丽·利基在传记中表明:“达特对我们的发现感到特别高兴。”达特自己也表示这一发现印证了南非的早期发现。

    继1960年乔纳森·利基在奥杜韦峡谷发现“能人”头骨之后,理查德·利基(Richard Leakey,1944—2022)于1963年在坦桑尼亚纳特龙湖地区发现了南方古猿颌骨,同年在奥杜韦峡谷第二层发现能人化石。1967年,美国、法国和肯尼亚的国际考古队在埃塞俄比亚奥莫河谷下游发现约400块人科化石,被称为“奥莫人”(Omo man)。该地区还发现过较早时期的化石和早期陶器。1969年,理查德·利基团队在肯尼亚发现距今175万年的南方古猿鲍氏种(Australopithecus boisei)头骨,收集了100多件化石碎片。1972年,在肯尼亚库彼福勒发现被归属于能人的编号为“KNN-ER1470”的颅骨化石。1974年,由莫里斯·泰伊白(Maurice Taieb)、伊夫·科彭斯(Yves Coppens)和唐纳德·约翰森(Donald Johanson)领导的法、美联合考察团在埃塞俄比亚的哈达尔发现了许多化石骨骼,包括一个身高0.92米的女人,被称为“露西”(Lucy),露西及其伙伴在约200万年前已能两足行走。

    1975年到20世纪80年代初,玛丽·利基团队在莱托利找到多种人类化石,被命名为“南方古猿阿法尔种”(Australopithecus afarensis)。1976年,她在奥杜韦峡谷的莱托利火山灰沉积上发现了距今360万年前留下的一组27米长的足迹,这是她最重要的考古成就之一。玛丽·利基认为“莱托利足迹”(Laetoli footprints)是人族留下的。莱托利脚印的发现是我们理解人类行为和两足动物进化的最重要进展之一。除了证实370万年前人类祖先已能够完全用两足行走外,其步态模式和踏板形态可能也发生了巨大变化。莱托利的那些保留下来的足迹痕迹提供了早期人类活动及其古生态环境的实证。玛丽·利基的观点曾一度被否定,或认为这些脚印是一只幼熊后腿行走留下的,或认为340万年前的足迹与现代人足迹如此相似不可想象,或认为生活在300多万年前的生物会存在如此清晰的人类足部特征不可理解。然而,埃利森·麦克纳特的近期研究表明,用熊来解释这些足迹站不住脚,“莱托利足迹”属于交叉双腿的类人猿。只有人类才有合适的解剖学特征来保持紧凑的步态,或以两脚交叉而不至跌倒。“莱托利足迹”说明,两足直立行走是比脑量增加和牙齿结构进步更为古老的人类特征。1978年,在奥杜韦同一地层发现了能人化石、奥杜韦文化遗存和动物遗骸,由此证明能人使用工具来捕捉动物维生。考古学者在肯尼亚的库彼福勒、南非的斯特克方丹和斯瓦特克朗与埃塞俄比亚的奥莫地区均发现了能人化石。1984年,理查德·利基团队的卡莫亚·基穆(Kamoya Kimeu)在肯尼亚图尔卡纳湖岸发现的“图尔卡纳男孩”(Turkana Boy)是直立人的成员之一,是在人类进化表上比以前的任何类型更进步的类型。考古人员在南非的斯瓦特克朗(250万年前)、坦桑尼亚的奥杜韦峡谷(150万年前)、肯尼亚的图尔卡纳湖边(150万年前)和埃塞俄比亚的默勒卡孔图雷、博德和奥莫等地(50万~150万年前)均发现了直立人标本。直立人已具备某种使用语言的能力,同时是最早使用火、最早以狩猎作为生活的重要活动、最早能按某种方式制造工具的人。更重要的是,直立人是最早分布到非洲以外地区的人。

    1987年由阿伦·威尔逊(A.C.Wilson)等人提出“线粒体夏娃假说”:智人之古老类型向现代类型的转变大约在10万~14万年前发生在非洲,今天人类均为该群体的后代,后来的研究使年代稍向前移。研究小组通过检查细胞内称为线粒体的细小器官中的遗传物质去氧核糖核酸(DNA)的原型,确定现代人类线粒体DNA均来自非洲的一位女性,她是人类各种族的共同祖先。研究团队认为可以将这位幸运的女性称为“夏娃”,她的世系一直延续。这一观点因此也被称为“夏娃假说”或“夏娃理论”。这一假说得到道格拉斯·华莱士(Douglas Wallace)实验室研究成果的支持。1987年卡恩等人通过对线粒体DNA变异的研究提出“出自非洲假说”。“夏娃假说”支持人类起源的“走出非洲说”,但否认杂交的可能。这种假说遭到质疑。以沃尔波夫(M.H.Wolpoff)为首的古人类学家指出,化石材料表明世界各地的现代人类是从当地的古人类发展而来的,并不存在“完全取代”。坦普列顿(A.R.Templeton)对最初线粒体“DNA”比对研究的科学性提出质疑,认为这种检验方法容易出错,不足以证明人类祖先是同一女性。

    20世纪90年代,考古人员在非洲继续发现了一些新的人类化石,如蒂姆·怀特(T.White)等学者于1994年在埃塞俄比亚阿法地区发现距今440万年的早期人科化石,定名为南方古猿始祖种(Australopithecus ramidus),1995年改名地猿始祖种(Ardipithecus ramidus);1995年玛丽·利基在图尔卡纳湖西南发现的420万~390万年前的新化石,定名为南方古猿湖泊种(Australopithec usanamensis);1995年,法国古人类学家布吕内(M.Brunet)考古队报道于1993年在乍得的科罗·托罗(Koro Toro)附近羚羊河地区发现的下颌骨,定名为南方古猿铃羊河种(Australopithecus bahrelghazali);1996年,埃塞俄比亚古人类学家阿斯发(B.Asfaw)等人在埃塞俄比亚中阿瓦什地区布瑞半岛发现了距今250万年前的头骨和颌骨,1999年定名为南方古猿惊奇种(Australopithecus garhi);1999年,史蒂夫·沃德(Steve Ward)研究小组在肯尼亚的图根山区发现一具完整且包含牙齿和头骨碎片的骨骼。这具骨骼表明原始类人猿在约2200万年以前出现在东非,显示出早期类人猿与现代类人猿及人类之间的联系。

    21世纪非洲人类化石的新发现

    21世纪,非洲考古又有重要的新发现。2000年,法国古生物学家皮克福德(M.Pickford)等人在肯尼亚的图根山(Tugen Hills)发现了600万~570万年前的两件下颌骨、3根大腿骨和其他骨骼化石。研究表明这种生物已经习惯用两腿走路,可归属于人类,被定名为“原初人图根种”(Orrorin tugenensis),也被戏称为“千禧年祖先”(millennium ancestor)或“千禧猿”。这一发现之所以重要,是因为它表明人类早在距今600万年前已用两腿行走。此外,还有1998年和1999年发现并于2001年定名的“扁脸肯尼亚人”(Kbnyanthropus platyops)和2001在埃塞俄比亚发现的520万~580万年前的地猿始祖种的家祖亚种(Ardipithecus ramidus kadabba)。最重要的成果是乍得早期人类头盖骨的发现,它将人类起源追溯至700万年前。2002年,布吕内等学者在乍得萨赫勒地区发现一块头盖骨,牙齿和下颚距今700万年,它被定名为“萨赫勒人乍得种”(Sahelanthropus tchadensis),并取名“图迈”(Tumai)。持不同意见者认为,“图迈”化石更像猿,而非人。2003年《自然》杂志报道了在埃塞俄比亚阿法盆地的赫托(Herto)发现15万~16万年前多件智人头骨化石这一重大事件。研究者认为这批化石在形态上与现代智人不属于同一亚种,与现代非洲人差异较大,而与澳洲土著人较相似,其形态体现为古老特征与现代特征的结合,故定名为智人长者亚种(Homo sapiens idaltu)。2005年,《自然》杂志报道对奥莫人类头骨化石年代的新研究将其推前至19.6万年前,后来的研究将时间确定为23万年前。这批化石比“夏娃”年代更早,因为其形态结合了古老特征和现代特征,年代远早于15万年前。这些考古发现及研究表明,人类发展过程在形态上逐渐过渡。2005年的一个重要成果是布吕内等人在发现“图迈”的地方找到一些牙齿和颚骨碎片。从牙齿判断,“图迈”的犬齿较小,有臼齿和前臼齿,牙齿的釉质较厚,这些特征与人类相似。“图迈”的头骨是平衡在脊柱上的,证明他能像人一样直立行走。化石证据和计算机成像都表明,早期在乍得挖掘到的这具化石属于迄今为止发现的最早人种化石,对人类起源和进化研究具有重要价值。

    “伊莱雷特足迹”(Ileret footprints)是马修·贝内特(Matthew R.Bennett)的团队于2009年在肯尼亚北部伊莱雷特村距今151万年至153万年前的两个沉积层发现的古代人类脚印。通过这些脚印的形状、体积和深度可以判断这些生物的重量和体态,很可能是类似现代人类的东非直立猿人的足迹。这些脚印提供了在骨骼化石中所缺乏的有关足部软组织形态和结构方面的信息,是证明人类祖先像现代人类一样行走的最古老的证据。这些脚印与现代人脚印相差无几,步幅也几乎一样。足迹显示出现代人的脚部特征,如脚跟为圆形、大脚趾与其他脚趾平行,而不像类人猿的大脚趾那样单独分开。脚印还显示出明显的足弓以及短趾,这与人类相似并且通常与双足行走的能力有关。研究人员还估算出足印“主人”的体重与现代人相当,从步幅可估算出其中有的身高约1.75米,但尚未发现他们的足部残骸。直立人身材比例接近现代人,腿长、胳膊短。古人类的足迹提供了关于步态和足部形状的证据,但它们的稀缺性加上古人类化石记录的不足,阻碍了研究者对人类步态进化的研究。根据脚印的大小和深度,研究人员认为那时的人类祖先已具备现代人基本的足部功能和直立运动特征。

    2010年,美国俄亥俄州克利夫兰自然历史博物馆的古人类学家约翰尼斯·海尔-塞拉西(Yohannes Haile-Selassie)领导的团队在《美国国家科学院院报》(Proceedings of the National Academy of Sciences of the United States of America,PNAS)发表研究成果,报告团队于2005年在埃塞俄比亚中部的阿尔法地区发现了与露西同类的早期人类新化石,但年代更早,距今有360万年的历史。科学家们将新的南方古猿阿法尔种化石戏称为“大个子”或“大人物”(Kadanumuu,埃塞俄比亚阿法尔语语义),因为新化石的高度在5~5.5英尺(约合1.5~1.8米)之间。除了体型比露西大得多之外,新化石还包含一个更完整的肩胛骨、胸腔的主要部分和骨盆碎片,这些碎片为南方古猿阿法尔种的运动提供了新的线索。海尔-塞拉西表示,“‘大个子’的骨骼特征与现代人类惊人地相似”。这项研究表明,“露西”和她可能的祖先“大人物”几乎与现代人一样善于直立行走,人类进化过程中开始直立行走的时间可能比此前研究者认为的更早,甚至可以单腿站立并保持平衡,“这是黑猩猩无法做到的。”“由于这一发现,我们现在可以自信地说,‘露西’和她的亲戚几乎和我们一样熟练地用两条腿走路,而且我们的腿在进化过程中比以前想象的要早。”2016年9月,由哈佛医学院遗传学家领衔的国际团队对全世界270个地点的个体样本,进行了全新的、高质量的全基因组测序。研究证实了当今所有非洲之外人类的祖先都源自10万年前同一走出非洲的种群。

    从上述发现可以看出,研究人类起源的学者探索这一问题的证据来自三方面:一是早期进化各阶段的人类化石;二是通过有形的产物、工具和艺术品体现的人类行为;三是20世纪80年代开始的分子遗传学的解释。目前,学界对人类起源提出3种假说。“多地区起源说”(Multiregional Evolution theory)认为,现代人起源是包括整个旧大陆的事件;现代人出现于任何有直立人群体的地方;智人在各大洲逐渐进化成现代人,并伴有基因交流。“走出非洲说”(Out of Africa theory)认为,现代智人在近期产生于非洲,后扩展到旧大陆的其余部分;虽然可能在某种程度上与当地已有智人前的人群杂交,但非洲现代智人取代了已存在于世界其他地区的直立人和远古智人;这些人群的遗传根源浅,均来自晚近才在非洲进化出来的单一人群。这种假说目前基本上已被否定。“线粒体夏娃学说”或“线粒体夏娃假说”(“mt-Eve”或“mt-MRCA”)是20世纪80年代出现的现代人起源假说,它基本上支持“走出非洲说”,但否认杂交的可能;当现代人群走出非洲并在数量上不断增加时,他们完全取代了当地已有的现代人以前的群体;移民与当地人群之间的杂交可能性极小。

    初史时代存在4个关键性阶段。第一阶段是人科本身的起源,即类似猿的动物转变为两足直立行走的物种,时间约为700万年前。第二阶段是古生物学家称为适应辐射的阶段,即两足行走的物种繁衍的阶段。第三阶段是人属(Homo)的出现,其标志是脑子的扩大。人属是从诸多物种中发展起来的,距今300万~200万年之间。从猿到人有一个过渡阶段。人属的第一个种是能人,在坦桑尼亚、肯尼亚、南非和埃塞俄比亚发现了能人及其亲近种的化石。人类的这一支以后发展成直立人,并最终发展到智人(Homo sapiens)。第四阶段是现代人的起源,他们具有语言、意识、艺术想象力和技术革新等多种复杂的能力。

    余  论

    本文聚集于对人类起源问题的研究和达特在这方面的贡献。然而,学界对达特的历史作用的看法不一,有的学者认为达特对南非“科学种族主义”的发展做出了贡献,他的思想强化了白人种族优越性的假设。随着关于现代人起源的遗传学研究不断深入,不少遗传学家的研究提供了不同的观点,一些新的考古发现也在得出新的结果。1992年,中国与美国人类学家在湖北郧县发现了两块古人类头骨化石,研究后确定现代中国黄种人的祖先不是由非洲迁移而来,而是由当地猿人演化而成。1995年,英国剑桥大学和美国的亚利桑那大学的两个科研小组利用基因技术各自独立地得出结论:世界各地的男性基因源于同一基因。美国学者利用计算机分析了8位非洲男性、2位澳大利亚男性、3位日本男性和2位欧洲男性以及4只大猩猩的基因。他们通过将人类基因与人类近亲大猩猩祖先的基因比较后得出结论:18.8万年前非洲某部落的“Y”染色体是现代男性“Y”染色体的共同祖先。1998年,吴新智(1928—2021)根据中国出土的化石提出“连续进化附带杂交”的观点。早在20世纪80年代,吴新智与美国密歇根大学教授W.F.沃尔泼夫和澳大利亚国立大学教授A.G.索恩依据当时掌握的化石证据,对东亚和东南亚—太平洋地区古人类演化模式进行了分析论证。他们列举了支持这一区域古人类连续进化的化石形态证据,由此创立了现代人起源的“多地区进化说”。这一研究仍在继续。

    以吴新智为代表的一批中国考古学家支持“多地区进化说”,认为包括中国人在内的东亚人是独立进化而来。1998年,由中国16个科研单位联合开展的中华民族基因组若干位点基因结构的研究表明:当今亚洲基因库主要源于非洲起源的现代人,从而对东亚地区存在着从直立人到现代人的连续进化过程的说法提出挑战,得出关于“亚洲基因库主要源于非洲起源的现代人”的结论。2001年5月,中国、美国、英国、印度尼西亚等国的研究机构合作进行的一项针对163个东亚人群的1.2万名男性进行的性染色体的基因研究表明,东亚人可能源自走出非洲的现代人而非非洲现代人与当地直立人的混合后代,但不完全排除中国人起源于本土直立人的可能性。2007年,中国科学院古脊椎动物与古人类研究所尚虹、同号文等与美国圣路易斯华盛顿大学的特林考斯教授,对田园洞人类化石研究后得出以下结论:田园洞人的化石指示其存在来自尼安德特人、近东现代型人类和南方现代型人类的基因流;中国人的祖先未必完全来自非洲。概而言之,我们的祖先从非洲来到东亚可能存在两条路线,即“南线”假说和“北线”假说。

    目前虽尚无肯定的结论,但学界基本认可非洲作为人类主要诞生地之一或诞生地,非洲是能够按连续年代顺序来证明人类起源发展各个阶段的大陆。非洲发现的人类早期演变的头盖骨化石系列最为齐全;考古发掘表明从2200万年前的类人猿到200万年前的人类物种均已在非洲发现;学者进行的多年的分子遗传基因研究为人类起源于非洲提供了新证据,即生活在地球上的现代人类均是约5万~10万年前走出非洲的史前人类的后裔;语言学研究则推论世界语言源于非洲。非洲是人类发源地,人类从这里走向世界。目前,中国许昌有关人类起源的考古发现为新的观点提供了证据。然而,这两个化石“本身没有涉及非洲起源说、多地区说或者折中说”。概言之,学术界对于人类的祖先约500万~700万年前起源于非洲大陆并无太大异议。然而,对人类进化的最后一个阶段——智人的起源,学界存在两种假说,即“非洲起源说”和“多地区进化说”。

    本文转自《西亚非洲》2024年第4期

  • 李剑:数字平台管制:公共性理论的反思与经济管制的适用

    一、背景与问题

    数字平台的快速发展使其在社会经济生活中的影响力越来越大。以苹果公司为例,其市值在2018年8月首次超过1万亿美元,2020年8月超过2万亿美元,2022年1月,苹果公司一度成为全球唯一市值超过3万亿美元的企业。苹果公司一家的市值在2022年全球国家GDP排名中可以排到第5名,超过英国的2.67万亿美元,仅次于德国的3.85万亿美元。与此同时,数字平台和人们日常生活的融合程度也越来越高。无论在即时通讯、社交、商品购买、电影评价,还是电子游戏、旅游、在线教育等活动中,数字平台都扮演了重要角色。

    由于技术与商业模式上的特点,数字平台给既有的法律体系带来了很大的冲击。尤其是在面对数字平台的市场力量时,如何考虑法律体系的沿用与变革,存在较为激烈的争论。反垄断法是对市场力量进行限制的最主要的法律,围绕其价值的研究主要分为两类:一类研究关注反垄断法的作用,但有不同认识。有的主张反垄断法应进行较大程度的变革,以改变其实施不足的状况;对立的观点则认为反垄断法无需变革,现有规则可以为市场提供更大的空间。另一类研究认为,反垄断法的特性决定了其难以有效约束数字平台,需要抛开反垄断法,关注平台经济对于社会的整体性影响,进而寻求对数字平台的特别规制。这类以“公共性”为内核的观点产生了较大的学术与政策影响力。其中,最有代表性的是公共承运人理论与新公用事业理论(下称“公共性理论”)。公共承运人理论主张将数字平台视为公共承运人,要求其接受中立原则的约束。新公用事业理论则强调平台在现代经济中有越来越基础的作用,主张将数字平台作为新类型的公用事业。

    由于同样面临如何有效规制数字平台的问题,国外学者从公共性出发来认识平台管制的思路也影响到了国内学者的看法。在2021年之前,中国没有一个针对数字平台的反垄断执法案件。2021年末的“反垄断风暴”尽管查处了多个平台垄断案件,但其中所呈现出的反垄断分析技术上的困境,反而加深了对反垄断法作用的质疑。因此,国内学者总体上对数字平台领域中反垄断法实施的效果并不满意。而借助公共承运人、新公用事业等公共性理论,在以事后管制为特点的反垄断法之外构建一整套事前管制措施,不仅可以避免复杂的反垄断技术分析,还可以对平台的营运施加更为明确、直接的限制,无疑非常具有吸引力。在这一意义上,公共性理论有力地回应了现实问题。实际上,欧盟2022年通过的数字市场法与中国市场监督管理总局2021年发布的《互联网平台分类分级指南(征求意见稿)》(下称“平台指南”)都是这些理论观点的产物。其中,欧盟《数字市场法提案》颁布较早,并有体系上的完整性,在实务层面对中国产生了更为直接的影响。

    公共性理论涉及平台管制的基本逻辑,因此需要放置在管制理论的框架下进行分析。管制通常包括反垄断法(管制)、经济管制和社会性管制。其中,反垄断法关注的是如何维护竞争机制,让其发挥资源配置的作用;经济管制主要适用于具有自然垄断属性的行业,如自来水、供电、电信、邮政、铁路等,通过准入限制、价格限制等方式来约束经营者;社会性管制则关注环境、安全和健康等领域,解决信息不对称与外部性带来的问题。就经营者经济力量的约束而言,反垄断法和经济管制的区别在于特定的行业、市场是否具有可竞争性:市场具有可竞争性,能够通过竞争提升效率,则适用反垄断法来对市场进行规制;市场不具有可竞争性,说明竞争会带来严重的非效率问题,此时则由政府通过经济管制来干预。反垄断法与经济管制构成互补关系,共同处理市场力量约束问题。然而,数字平台的公共性理论打破了这一基本的理论认知。公共性理论虽然指向的是反垄断法实施不足,但跳出反垄断法之后并没有诉诸于经济管制,而是直接另起炉灶构建了一套新的管制体系。以公共性理论为基础的管制,强调的是相关平台所提供的产品或服务的公共属性,而非市场是否可竞争。因此,相比于既有的管制理论,公共性理论的基础存在很大差异。

    对于数字平台的管制,管制的既有理论划分仍然具有价值。虽然从实践来看,反垄断法与经济管制的界限并不清晰,不管是美国还是中国,都有不少涉及管制行业的反垄断案件。包括欧盟2022年数字市场法和德国2021年反对限制竞争法在内的一些新法规,同样定性模糊。欧盟数字市场法没有遵从反垄断法和经济管制的基本框架,而是通过营业额、市值、活跃用户数以及业务范围来直接确定“核心平台运营商”,并要求其承担禁止限制交易、禁止搭售等反垄断法上的常见义务。德国反对限制竞争法第19a条新引入“具有显著跨市场竞争影响的经营者”概念,是在传统市场支配地位认定之外的新标准,其中“一个或多个市场上具有支配地位”等认定条件与既有的反垄断法理论框架有较大差异。但是,理论与现实的错位并不意味着既有理论丧失意义。没有严格区分经济管制与反垄断法的原因,既有理论认识不够深入的问题,也有历史惯性的因素。前者导致了对现实需求过于直接的回应,后者体现为早期反垄断法介入管制行业后形成的在先判例的路径依赖。实际上,不管是个案中带来的法律资源的配置错误,还是数字市场法的性质模糊,这些实践一直受到质疑,并不能否定原有理论的合理性。这里并不是要坚持原有的理论认知不可改变,而是想强调,面对数字平台的公共性理论所带来的冲击,结合既有理论框架来审视其理论逻辑的内在合理性更为关键。而良好的理论框架也是评判实践是否合理的基础。在这一意义上,公共性理论的证成仍然面临很大的挑战。

    二、公共性理论的模糊界定

    公共性理论主要通过梳理各个历史时期的判例来归纳和提炼概念体系,所借助的判例资源较为复杂,包括公用事业、公共承运人以及网络中立性等。这些概念由于悠久的历史而呈现出内涵变动不居的特点。在相关研究文献中,这些概念有时候被专门区分,有时候又作为可以互换的术语,由此导致很大的混乱。对概念进行适当的梳理无疑有利于更好地理解其内涵,并为判断相关管制措施的合理性提供基础。总体来说,从判例法进行溯源的公共性理论的相关术语都较为模糊,缺少共同认可的定义。

    (一)公共承运人认定的三种观点

    公共承运人的概念最早可以追溯到15世纪的英国,并通过普通法逐步发展。事实上,要从漫长而繁杂的普通法中梳理出制度演变的清晰路径并不容易。按照目前较为一致的看法,公共承运人源于英国普通法中“公共召唤”这一概念,是指为公众服务的承诺,包括旅店经营者、铁匠和外科医生在内的职业都包含了这样的承诺。因此,一视同仁地为公众服务被认为是公共承运人的基本义务。相应地,公共承运人的认定成为确定政府管制是否合理的基础。也就是说,如果经营者构成公共承运人,政府就可以通过管制来确保上述义务的实现。不过,不管是从法院的判决还是学界的研究来看,对于如何清晰界定公共承运人并没有共识。回顾发展历史,在公共承运人的认定上至少存在以下三种主流观点:

    第一种观点认为,公共承运人就是具有垄断地位的经营者,其义务的本质是垄断者所要承担的特殊义务。但是,作为一个纯粹的事实问题,不少缺乏垄断力量的主体也被法院认定为公共承运人,如旅店、卡车公司和联营长途铁路等。在这些案件中,市场垄断力量与非歧视义务之间的关联性微乎其微,公共承运人身份的认定本身构成了非歧视义务的来源。

    第二种观点声称,只要经营者自己主张面向公众开放,就是公共承运人。例如,美国华盛顿特区巡回法院在全国公用事业管理专员协会诉联邦通信委员会案中主张,公共承运人是一个致力于向所有人提供服务的经营者,并且“无保留地把自己推销给适合自己的客户”。但是,如果允许经营者基于对自己服务的描述来决定其是否是公共承运人,必然带来操控性和不确定性。一个供应商要想避免承担公共承运人的义务,只需将其提供的服务限制在整个客户群的一部分,而不是广大公众即可。

    第三种观点主张,公共承运人适用于“受公共利益影响”的行业。这一定义方式在具有里程碑意义的芒恩诉伊利诺伊州案(下称“芒恩案”)中得到了最著名的阐述。在该案中,法院认为包括渡口、码头、仓库、酒馆、旅馆、磨坊、桥梁、公路和公共承运人在内,都是“受公共利益影响”的行业。而以公共利益受到影响来认定数字平台需要接受特别管制,也是当前公共性理论的核心内容。但必须指出的是,这一观点同样充满争议。如“芒恩案”中菲尔德法官提出,公众在住房、纺织品制造、机械制造和书籍印刷等不同行业都有利益。美国联邦最高法院在內比亚诉纽约州案(下称“内比亚案”)中也承认,并不存在“受公共利益影响”的单独测试类别。在杰克逊诉大都会爱迪生公司案中,美国联邦最高法院还驳回了“受公共利益影响”的行业(如电力公司)具有国家角色的主张,并援引了“內比亚案”的观点,认为“受公共利益影响”是“无法定义的,是一个不令人满意的测试”。

    尽管如何界定公共承运人没有一致的看法,但学界基本认为,一旦被确定为公共承运人,相关经营者就要承担非歧视的义务,即无差别地对待客户。这种无差别要求,公共承运人应按照公正、合理的条款和条件提供服务,不得进行任何不公正或不合理的歧视,或给予任何特定的人、任何类别的人任何不当或不合理的好处。例如,被认定为公共承运人的铁路公司要向公众提供标准服务,不应在定价或向客户提供服务方面有所差别。总体来说,公共承运人的这些义务取决于其所提供服务的类型或功能,与市场结构(即服务提供者的数量)无关。

    (二)新公用事业理论的三种推动因素

    新公用事业理论基于传统公用事业的认识发展起来,用于解决平台管制的理论基础问题。因此,在理解新公用事业理论的主张时,需要首先确定什么是公用事业。历史上,公用事业理论的发展受到三个因素的推动:

    一是对铁路行业的不满。由于铁路相比于水路、公路运输的优势,加上政府参与规划和设计路线、建造路权、授予特许权、提供土地等,强化了铁路的优势,导致铁路公司很少面临竞争。因此,铁路公司能够利用市场力量从事价格和服务上的歧视行为。为了应对公众的抗议,美国最终设立了独立管制机构“州际贸易委员会”,来对铁路行业的价格与服务进行监管。铁路也成为第一个被归类为公用事业的行业。

    二是法院提出的“受公共利益影响”标准。在沃尔夫·帕金公司诉堪萨斯州工业关系法庭案(下称“帕金公司案”)中,美国法院提出,如果产品影响到了公共利益,就需要特别监管。在不同的时期,法院将不具备市场力量的产品和服务,如压棉机、新闻媒体、烟草仓库、保险和用于出售的冰等都包括在其中。这里当然需要对“受公共利益影响”进行解释,但可惜的是,这些解释并不统一。在“帕金公司案”中,首席大法官塔夫脱就“受公共利益影响”确定了三种情况:(1)那些在政府授予的特权下进行经营的公司,这些特权明确或隐含地规定了提供公共服务的义务。(2)某些特殊的职业,其对公共利益的影响很早以前就得到承认,并在议会或殖民地立法机构任意地制定法律来规范所有行业和职业的时期,依然得以存续。这些职业包括旅馆业、出租车业和磨坊业等。(3)虽然在开始时不是公共性的,但经营者将其用于公共用途,从而使公众从该用途中获得利益,并使自己在该利益的范围内接受公共监管。

    三是对自然垄断思想的接受。约翰·斯图亚特·米尔是第一位谈论自然垄断的经济学家,他当时观察到,伦敦的某些公共服务无法通过竞争方式予以供应。托马斯·法勒在1902年首次尝试通过经济特征来识别自然垄断,他将那些从未尝试过竞争的行业,或者曾经尝试过竞争但失败的行业归为自然垄断。这些思想影响到社会各界对于自然垄断的看法。例如,美国证券交易委员会在1935年公用事业控股公司法中将自然垄断概念应用于能源公用事业。

    正是由于公用事业概念发展中受到多种因素的影响,导致很难有一个定义能够将不同阶段对于公用事业的认识统一起来。事实上,对这一概念的很多描述都是循环论证。例如,“公用事业是为广大公众提供日常必需品的企业。公用事业提供水、电、天然气、电话服务和其他必需品”。但比较有意思的是,主张新公用事业理论的学者往往将公用事业概念的不确定性作为一种优势。他们认为,公用事业的框架出乎意料地灵活,从电力和运输到银行、牛奶、冰、水等商品和服务都有应用,包含其中的商品类别随着技术和经济条件的变化而变化。相应地,有越来越多的法律学者将公用事业与金融、能源、药品等领域相联系,作为诊断和解决现代基础设施监管问题的一种方式。但客观地说,所谓“灵活框架”带来的优势,更多地是因为概念过于模糊的无奈。

    尽管法学界对公用事业缺少统一认识,但经济学用自然垄断理论来分析公用事业。不过,新公用事业理论并未诉诸于这一理解路径,而是对公用事业概念发展的历史作出了自己的解读,并将其应用于数字平台。其主张可以归纳为两个核心方面:首先,公用事业提供构成“必需品”的产品和服务。其次,当企业获得了对必需品的提供和获取的控制权时,需要更强的监管。在这样的理解下,新公用事业强调的,是由于必要性而影响大众利益,从而表现出规模性、必要性、脆弱性的那些产品或服务(如互联网接入服务、金融、信息平台)。因此,新公用事业理论通过选取“受公共利益影响”这一维度,认为数字平台构成了这一意义上的公用事业,因而需要特别规制。

    (三)对公共性理论概念的反思

    通过对公共承运人、公用事业概念发展的简单梳理,可以得出以下结论:

    1.公共承运人和公用事业的概念存在很大的重合。学术文献对于公共承运人和公用事业的区分并不清晰。例如,1876年的“芒恩案”在不同文献中有时被作为公共承运人的重要案件,有时又被视为公用事业的关键案件。类似地,一些经营者既被视为公共承运人,又被视为公用事业,如铁路公司和电话公司,但另一些经营者仅被视为公用事业,如煤气和电力公司。尽管边界不是太确定,但有学者认为,公共承运人是一个包容性更大的概念,不仅适用于公用事业,而且可以适用于除公用事业以外的其他事业。不管如何,这种概念上的重合虽然反映了公共承运人和公用事业理论共同的关注——公共性问题,但也说明理论源流并不清晰,还会导致讨论上的混淆,毕竟二者在管制义务等方面存在显著不同,如公共承运人更关注非歧视义务,而公用事业更强调可负担义务。

    2.缺乏一致、清晰的定义。当完全从历史的角度来对公共承运人进行归纳时,很难获得一致的框架或界定。公用事业概念同样如此。这种不一致性在很大程度上与公共性理论所采用的研究方法相关。公共性理论主要通过提炼法律原则以及梳理判例法来为当下的理论诉求寻求合理性基础。但历史越长,政治、经济和文化的变化使得提炼概念越难。为了完成这一任务,概念必然尽量模糊,以提高涵盖性。例如,持公共性理论的学者将“受公共利益影响”的企业类别重新界定为“基础设施”,即创造正外部性的资源。但是,这并没有解决“受公共利益影响”难以界定的问题,而且导致前述案例中的不同理解。在“受公共利益影响”无法清晰界定时,以其为内核的新定义当然也就难以呈现出一致性和清晰性。因此,公共性理论在历史上就备受质疑。例如,有学者认为,公共承运人远不是一个久经考验的监管解决方案,它容易受到各种低效率、结构性偏见和操纵的影响。这无疑会限制公共性理论的应用。

    3.对垄断地位要素的回避。在公共承运人、公用事业理论的发展历史中,通过经营者的垄断地位来进行定义是重要观点之一,但当前的公共性理论却很少提及。以这一领域有标志性地位的“芒恩案”为例。该案涉及伊利诺伊州的粮仓,美国联邦最高法院认为,这些粮仓在河港和铁轨之间有独特的位置,控制了中西部某些州的农民到东海岸市场的粮食运输。由于几乎不可能移动港口或铁轨,在储存和转运来自中西部七八个大州的粮食上,这些粮仓是“实际垄断”的。法院最后的结论是,政府使用其权力来控制这些企业的行为是适当的,因为这些企业的行为具有如此广泛的后果,使它们受到公共利益的影响。这该案中,如果粮仓的确具有法院所认定的地位,就构成了垄断,甚至可以成为反垄断法上的“核心设施”,从而承担分享设施的义务。事实上,强调相关产品的独特性并因此使该产品成为必需品而影响到公共利益,这在其他案件中也有反映。因此,忽视垄断地位并不妥当。当然,正如前文所言,公共性理论希望在反垄断法之外强化对数字平台的管制。为了避免将理论视线拉回到反垄断法,将垄断因素从历史脉络中予以淡化或排除,成为公共性理论主张中不可避免的做法。

    公共性理论通过寻找历史资源,进而为当下的数字平台管制寻求理论基础,但并未提供清晰的定义来更好地判断什么是公共承运人,如何构成新公用事业。这种不清晰性必然导致对同一问题产生不同的理解。例如,在社交媒体的相关诉讼中,几乎在同一时期,美国联邦第十一巡回上诉法院在奈特乔伊斯有限责任公司诉佛罗里达州总检察长案中认定平台不属于公共承运人,但美国联邦第五巡回上诉法院在奈特乔伊斯有限责任公司诉潘科斯顿案中则认定平台是公共承运人。在定义不够清楚的情况下,对其予以复兴或者重新包装之后用于数字平台规制,也仅是将一个模糊的问题转换成了另一个模糊的问题。当然,这里并非否定数字平台具有一定的公共性,而是强调将直接管制完全构建在模糊的“公共利益”上,会使得这一理论缺少完善的基础。

    三、公共性理论的管制措施及其局限

    公共性理论并不是简单地提出新概念,而是借助于这些概念来服务于最终的管制措施。例如,新公用事业的倡导者拉赫曼提出的数字市场公用事业监管方法包含了非常具体的措施:首先,确定作为“基础设施”的产品和服务。其次,通过三套工具来解决数字基础设施的权力过大问题,即由联邦贸易委员会或联邦通信委员会等机构进行监管,在作为基础设施的产品和服务与同一实体提供的其他产品和服务之间建立防火墙或结构性分离,通过国有化、市政化以及政府与其他企业在特定市场领域进行竞争等方式进行公共选择。尽管公共承运人和新公用事业的范围不够清晰,但公共性理论的政策指向相对明确。

    公共性理论包含的管制政策虽较为驳杂,但聚焦于两种管制诉求:对于公共承运人,管制的核心是要求这些企业对所有客户一视同仁;对于公用事业的管制是,因为该项服务至关重要,政府必须保证提供可负担的服务。这一区分较好地抽象出了公共性理论中最为基础的两大管制义务,即“非歧视”和“普遍服务”。从这两个方面进行分析,可以更好地看到公共性理论的政策含义以及不同制度之间的关联性和可能存在的内在冲突。

    非歧视义务和普遍服务义务是公共承运人、新公用事业理论的核心要求,但往往无法孤立地作为直接管制的手段予以实施。通常来说,一旦被认定为“公共承运人”,相关经营者需要承担的义务主要包括四个方面:进入限制和服务义务、收取非歧视性费率的义务、收取公正和合理费率的义务以及结构性分拆。这些要求在各种法律、法规以及司法案件中都有广泛体现,如美国联邦通信委员会2010年维护开放的互联网:宽带行业实践(开放互联网法令)中的禁止不合理歧视规则,2015年保护和促进开放的互联网(2015开放互联网法令)中不能屏蔽合法内容,不能基于内容、服务等控制流量,以及禁止付费优先排序等一般行为标准。与公共承运人的多种义务类似,对于公用事业所附加的管制措施和义务通常也包括:控制市场进入或退出;确定服务和质量控制的最低条件以及其他消费者保护;普遍服务义务,即在一个明确界定的地理区域内为所有客户服务的义务,包括以规定的“公正和合理”费率提供服务的要求。之所以会包含多种管制措施,是因为核心义务很难独立存在,需要其他措施予以配合才能真正落到实处。而这些,是公共性理论的支持者所忽略的。

    (一)非歧视义务与价格管制、纵向一体化

    歧视行为的本质在于将相同的产品或服务以不同的价格卖给不同的客户。因此,经营者有没有实施价格歧视,需要判断是否是“相同”产品或服务,以及是否存在“不同”价格,而不能简单地从最终价格是否一样来判断。此外,需要防止经营者在表面价格一致的情况下,通过改变质量来实质上实施价格歧视。但仔细区分必然带来巨大的执行成本,与直接管制手段所需要的确定性、低成本相悖。标准必要专利的许可费是一个很好的例证。标准必要专利的许可需满足“公平、合理、无歧视”(FRAND)的原则,但由于标准必要专利组织并不直接设定专利的许可条件,导致在实际许可中对什么是“公平、合理、无歧视”的价格存在分歧,并产生了大量的费率纠纷。因此,作为直接管制手段来实施时,非歧视义务的落实往往意味着设定具体的销售价格,以便于执法机构直接、明确地进行行为合法性判断。例如,上海市的天然气价格在2021年时进行了调整,直接明确了针对不同用户类别的不同价格。那么,在以低成本方式来实现管制时,即便对于数字平台,也需要设定相关产品或服务的价格。由于公共性理论是根据数字平台的性质来认定,并没有对平台类型予以区分,且其主张的非歧视义务同样是针对所有数字平台的普遍性要求,这必然涉及广泛的产品或服务类别,使得价格设定的挑战性很高。

    非歧视义务的实现与经营者的组织方式也存在密切关联。通常来说,如果没有对产品或服务的总体价格进行设定,非歧视义务就难以阻止纵向一体化的公司去排除那些没有附属的、提供补充产品或服务的公司。纵向一体化的公司可以简单地向上下游非一体化的公司收取相同的高价,而非歧视性的高价格将对这些公司产生与歧视性价格同样的排除效果。因此,如果没有结构性剥离,那么实际的非歧视规定将无法限制纵向一体化的公司在内部进行利润转移。这方面有大量的实证研究。而要改变这一结果,最重要的方式就是将相关业务独立出来,如将电力公司的发电、输电和配电业务拆分为三个独立的公司。但结构性剥离对市场竞争有非常重大的影响,并可能造成效率损失。这是因为,纵向一体化使得相关经营者能够将其创造的利益内部化,来缓解与正外部性相关的生产不足,或者可以降低价格,尤其是在上下游市场都高度集中的情况下。这在经济学上已有充分的认识。在平台经济领域,数字平台借助双边市场的特点进行跨界竞争是非常普遍的情况。但不可否认的是,要在直接管制中落实平台的非歧视义务,结构性剥离是最为经济可靠的方式。如果不采用这样的结构性的解决方式,就意味着要对产品或服务是否履行了非歧视义务进行逐一审查,这不仅与直接管制的方式相悖,也会产生很高的执法成本。这里当然存在如何平衡的问题,但公共性理论的支持者对此并没有考虑。

    (二)普遍服务义务与交叉补贴

    提供可负担服务的义务与普遍服务相关联。普遍服务指为满足公共利益,经营者应为所有人提供基本的、可负担的服务。该义务存在于基本电话服务、互联网服务和宽带服务等领域。普遍服务通常包含两个方面的原因:一是对确实需要相关服务的消费者进行再分配,使他们免受价格大幅上涨的不利影响。目标人群包括低收入居民、残疾人、老年人和交通不便的农村消费者等。二是区域发展规划,鼓励居民从拥挤的大城市中迁移,促成更加和谐的人口分布。普遍服务内在地包含了交叉补贴。当提供两种以上产品或服务的公司用来自一种产品或服务的收入,去补偿提供另一种产品或服务的额外成本,或者用在一部分消费者处赚的钱去补贴另一部分消费者时,都会存在交叉补贴,这在普遍服务中无法避免。例如,农村地区本地电话服务的管制价格往往不能充分反映为这些地区提供服务的相对较高的单位成本,甚至农村地区的价格往往接近于(有时甚至低于)成本,而城市地区的价格往往大大超过成本。只有这样的定价模式才能确保所有公民都负担得起基本的电话服务。

    1.准入限制与垄断利润

    市场准入限制是确保交叉补贴得以实现,进而承担普遍服务义务所必须。要进行交叉补贴,就需要确保一部分产品或服务获得较高的利润,否则无从补贴。如果这些产品或服务面临竞争,就必然导致利润下降。因此,只有存在进入市场的管制壁垒时,才能确保利润,进而能够以这些利润进行补贴。为了对此予以更好地说明,假设阿里巴巴集团的电商平台要在西藏、新疆地区承担普遍服务义务。因为江浙沪地区人口规模大、密度高,配送成本较低,而西藏、新疆因为地广人稀,配送服务的成本必然更高,最终服务的价格也很高。要让电商服务具有可负担性,就需要对西藏、新疆地区进行补贴,以降低服务价格。但是,补贴的前提是阿里巴巴集团在其他地区——江浙沪地区能够在较低成本下获得较高利润。而且,承担普遍服务会造成阿里巴巴集团整体成本的增加。如果没有市场进入限制,竞争对手就会进入江浙沪地区,通过竞争降低服务价格,压缩阿里巴巴集团的利润空间。特别是在进入者不需要承担普遍服务义务时,其成本会显著低于阿里巴巴集团。因此,新进入者进入到完全开放竞争的市场,会诱发对市场中有利可图的部分进行“撇奶油”,让承担普遍服务义务的经营者无法通过交叉补贴来资助这些义务。

    如果让每一个进入市场的经营者都承担普遍服务义务,问题的本质也不会改变。这里的限制主要在于高利润市场能够转移多少利润用于补贴高成本地区或消费群体。当市场容量一定时,更多的进入者意味着产出增加、利润减少,可补贴的利润也相应减少,并导致负担普遍服务义务的能力下降。因此,在这些市场中,市场结构通常是独占或者寡占的状态。这也意味着,要让数字平台承担普遍服务义务,那么维持平台的垄断性地位是应有之义。

    2.可负担与价格歧视

    产品或服务的可负担性还会带来歧视的问题,因为可负担性与相关群体的支付能力的差异相关。同样是2000元的手机,对于富裕家庭并不构成经济负担,但贫困家庭则难以支付。要解决可负担性问题,可以向富裕家庭收取3500元,对贫困家庭收取500元。但这同时带来了价格歧视问题,并在平台经济中引发了很大争议。例如,在“大数据杀熟”的讨论中,对依赖性高的消费者收取高价的行为通常被给予否定性评价。但平台的“杀熟”行为通常都伴随着对新客户的大量优惠,即“惠生”行为。也就是说,新客户的“可负担性”以牺牲老客户为代价,因为老客户通常具有更高的依赖性。因此,对于那些被广泛需要、具有影响公共利益能力的产品或服务,要同时做到非歧视和可负担性,就有难以调和的冲突。可负担性所需要的补贴,要么来自于其他产品或服务的交叉补贴,要么来自于政府的直接补贴。在平台经济下,如果单纯地要求合理、非歧视的费率而不考虑其他,则本质上无法实现。

    (三)普遍管制与平台分类

    公共性理论强调,基于平台所提供的产品或服务的性质,使其承担诸如非歧视、可负担的义务。但这样的普遍性要求会使得管制范围非常宽泛,不仅造成对市场的过度干预,而且管制的成本非常高昂。因此,现实中的管制措施往往缩限于特定领域与特定规模的平台。例如,欧盟数字市场法第2条规定的“核心平台服务”包括在线中介服务、在线搜索引擎、在线社交网络服务、视频分享平台服务、号码独立的人际通信服务、操作系统、云计算服务以及在线广告等类别,“平台指南”第2条第2款中规定的平台类型包含了网络销售类平台、生活服务类平台、社交娱乐类平台、信息资讯类平台、金融服务类平台和计算应用类平台六大类。比较而言,我国“平台指南”中的平台类型更为广泛,涵盖了通过互联网平台所提供的产品或服务的主要部分,并且对平台的规模提出了要求(第3条)。

    我国采取的“服务类别+规模”的规制方式虽然可以有针对性地要求部分平台承担特别的义务,但这一管制思路缺少合理性基础。且不说为什么这些服务类别就构成了核心平台服务,不同行业(服务)的规模本身就有很大差异。例如,“平台指南”中的网络销售类平台包含了三种类别。以综合商品交易类平台为例,其指专门或者主要从事提供衣帽鞋靴、箱包饰品、数码电器、食品洗护等各类商品的综合平台。属于这一平台的阿里巴巴、拼多多和京东的市值都非常惊人。相比之下,有些行业的整体规模偏小。如在搜索引擎类平台中,国内市场份额超过70%的百度公司,其市值也难与京东集团匹敌。如果因为搜索引擎公司的市值小就将其排除在特别管制的范围之外,与强调以产品或服务性质作为管制基础的公共性理论之间就存在无法调和之处。

    更确切地说,市场规模与是否具有很强的市场地位并没有直接的对应关系,与是否影响公共利益也没有直接关系——如果有竞争,市场约束就可以确保公众的利益。“平台指南”第3条第3款强调超级平台具有“超强限制能力,即平台具有超强的限制商户接触消费者(用户)的能力”。这与反垄断法的基本原理相悖。反垄断分析中通常要界定相关市场,其目的就是要确定竞争发生的范围,而这一范围与市场的总体规模往往没有直接关系。如在我国反垄断执法机构查处的伊士曼(中国)投资管理有限公司滥用市场支配地位案中,相关产品市场为醇酯十二成膜助剂市场,具有市场支配地位的经营者的年度销售额也不到5亿元人民币。在上海食派士商贸发展有限公司在互联网餐饮外送平台服务市场实施“二选一”垄断行政处罚案中,具有市场支配地位的经营者的年度销售额甚至不到4千万人民币。就算是通常作为公用事业的自来水、天然气公司,受地域限制,在特定城市中的销售额可能并不高,但在相关市场中的市场地位却非常高,需要进行价格管制。

    综上可以看到,公共性理论所建议的管制措施在很大程度上缺乏对管制手段之间关联性的理解,使得这些政策建议缺乏系统性和可操作性,并与其声称的能够提高市场竞争性效果有内在冲突。实际上,不仅是非歧视义务与普遍服务义务存在这些问题,公共性理论的不少建议都有过于简单之嫌,很少考虑具体实施的方式以及对市场竞争带来的改变,在进一步追问中难以回应。例如,新公用事业理论主张,为防止平台不当干预流量,应建立专门管制机构。但是,如何判断平台“不当”干预流量,平台是否可能不当干预流量,在这些问题不能很好解决的情况下,公共性理论也难以提供更多的理论资源。这里并不是苛求一个基础性理论要提供全部的具体措施、包含所有的细节,而是强调理论本身所具有的可回应性。也就是说,从这一理论框架中可以适当地推导出具体制度,或者为具体制度提供良好指引,为进一步的细化提供支撑。反过来,在应用时,相关理论也能够经受得住现实问题的考验,具有逻辑上的一致性。

    四、以经济管制为基础的数字平台管制

    在早期发展过程中,互联网被描绘成一个自主的、乌托邦式的自由社会互动领域,不受来自国家或法律的外部干预,并被视为一个独立于民族国家的自主空间。但是,互联网从来就不是自主的、乌托邦式的自由领域。劳伦斯·莱西格提出的“代码即法律”的观点无疑是最好的注脚。国家对市场运作的管制不可避免,更复杂的问题是如何才能最好地实现这一点。正如前文所言,在对市场力量进行约束的管制方式中,反垄断法是推进竞争进而提高经济效率的法律,以市场的可竞争为基础,而经济管制以市场不可竞争为出发点,通过政府干预来约束企业行为。相比于公共性理论,以自然垄断为基础的经济管制具有明显的优势,且可以吸收公共性理论的核心理念,更好地实现对数字平台的有限管制。

    (一)经济管制的可适用性

    作为直接管制的方式,经济管制的核心是自然垄断理论,成本劣加性是定义自然垄断的基础。简单来说,成本劣加性是指在给定的产出水平上,由一个企业来生产比多个企业生产的总成本更低,不论产出在多个企业之间如何分配。规模经济与成本劣加性密切关联。以自然垄断为基础的管制行业,通常有显著的规模收益增加和占总成本很大比例的大量的沉没成本,具有代表性的如自来水、固定电话、电网等。自然垄断的存在意味着,市场要维持有效率的生产方式,通常只能有一个或少量几个经营者,这样的市场结构又必然导致追求利润最大化的经营者滥用这种市场地位,造成对消费者或其他经营者利益的损害。经济管制正是通过对市场进入、价格等市场条件的直接限制,在确保市场有效率运行的同时抑制经营者市场力量的滥用。

    以自然垄断为核心的经济管制,是以市场不可竞争为基础,针对的是市场竞争会导致效率低下的问题。数字平台的一些基本特征与自然垄断理论有很好的契合性。首先,数字平台具有双边市场的属性。双边市场的不同用户群体之间具有网络外部性,如果网络外部性能够在需求范围内不断增加,平台就可能具有自然垄断性。因为当更多的用户连接到平台时,即使由此带来了平台运作成本的上升,但只要网络外部性带来的收益能够超过成本,那么由一个平台提供服务可能仍然更有效率。其次,数字平台具有显著的规模效率。与传统公用事业、网络行业类似,平台经营所需要的网络建设、基础设施的投资成本也很高,但在产出提高时,成本将显著下降。与传统的实体平台相比,技术变革加强了集中的趋势,平台的数字化还增加了低边际成本或零边际成本的大型供应方规模经济的潜力,并扩大了从网络外部性中受益的用户的匹配能力范围,对于数据的收集和分析也创造了重要的规模经济和范围经济。这些因素的结合,使得数字平台完全可能构成自然垄断。而在现实中,我们也能够观察到数字经济领域所呈现的集中趋势,以及部分经营者在细分市场中持续的垄断地位。

    这里必须要强调的是,不是所有数字平台都应认定为具有自然垄断属性。数字平台所涉及的产品或服务类型非常多,不同产品或服务在经济属性上的差异也很大,即便从数字平台的双边市场特性来看也是如此。双边市场可以分为多种类型,网络外部性的体现方式也不同,存在交叉网络外部性与单向网络外部性,以及团体内网络外部性与群体间网络外部性的差异。这些差异的存在不仅说明数字平台本身的多样性,而且必然使得不同类型的数字平台是否具有自然垄断属性会有所不同。尽管与以往的交友俱乐部、信用卡等双边市场平台相比,当前的数字平台通过对数据的处理来实现匹配、预测功能,并借助于数字技术更大程度地体现规模效率,总体上增加了自然垄断的可能性,但不同的平台类型所表现出的程度仍然存在差异,不能一概而论。如赫伯特·霍温坎普就认为,社交媒体平台不是自然垄断,因为“在一个稳定的自然垄断市场中,一个占主导地位的公司只需要收取一个有竞争力的价格,以排除竞争对手,或者偶尔抵御一下别人的攻击;在没有排他性做法的情况下,市场自身将决定有多少家公司留在市场中。因此,排他性做法的持续存在表明,这个市场并非自然垄断”。弗兰西斯科·杜西则进一步根据自然垄断属性上的强弱,将数字平台分为三类:一是高自然垄断性平台,以横向搜索为代表。搜索引擎的固定成本很高,而供应方的边际成本非常低,具有类似于标准网络产业的规模经济,且更大的数据集所产生的规模经济和范围经济对于改善搜索算法预测的目的至关重要。二是低或者无自然垄断属性平台,以电商平台为代表。虽然网购市场受益于买卖双方的正网络外部性,但产品差异化又体现了对自然垄断的重要反作用力。打车平台则位于二者之间,因为网络外部性的价值和改善匹配的能力在达到临界用户量后逐渐减弱,而且进入的供应方成本也不是特别高。这样的类型化思路能够更有针对性地分析特定数字平台是否构成自然垄断。

    (二)经济管制的优势

    经济管制与公共性理论具有逻辑一致性。公共性理论关注相关产品或服务是否构成了生活必需品,以及是否因此影响到公众利益。而具有自然垄断属性的产品或服务都是人们日常生活无法或缺的,无疑也会影响“公共利益”。因此,以自然垄断理论为核心的经济管制完全可以适用于数字平台管制,而且具有界定清晰、有限干预的优点。

    1.界定更为清晰。公共性理论最大的问题在于界定不清晰,“影响公共利益”中的公共利益一直以来都难有较为清晰的定义,这给理论的应用造成极大的困扰。相比之下,在经济管制所依赖的自然垄断理论中,以成本劣加性为基础的自然垄断的定义不仅内涵清晰,而且具有定量化分析的基础,能够较为确定地利用经济学工具来对数字平台进行判断。这种差异性在很大程度上来自于研究方法与理解方式的区别。公共性理论的发展源自于对既往判例的梳理与归纳,这一方法当然非常有价值,但上百年的历史、众多的判例都构成寻求当下合理性的困扰。相比之下,自然垄断理论虽然也经历了理论自身的发展,但从成本劣加性来认识自然垄断早在20世纪60、70年代就已经成为经济学的主流理论。在数字平台上利用这一成熟的理论框架无疑具有更好的确定性。

    事实上,反垄断法自身的发展就是很好的例证。反垄断法为了规制铁路、钢铁、石油等大型托拉斯而生,但早期反垄断法并没有清晰的理论框架,在认定限制竞争行为时依赖于合同理论与侵权理论,以是否构成对合同自由的限制、是否侵害了竞争对手的利益等作为违法性判断的基础,造成法律适用上的困扰。而在20世纪50年代哈佛学派引入“结构—行为—绩效”(SCP)范式、70年代芝加哥学派引入价格理论之后,反垄断法与经济学深度融合,更多地利用经济学理论和工具来进行违法性分析。特别是美国反托拉斯法基于经济效率目标发展出的消费者福利标准,使现代反垄断法获得了一个连贯、可行、统一、客观的分析框架,成为现代反垄断分析的理论基础。但如果仅从判例角度来归纳反托拉斯法,就难以从“保护竞争秩序”“保护竞争者”“保护竞争过程”等观点中找到一致性。

    2.有限的干预。如前文所言,公共性理论强调数字平台的公共利益属性,使得所有数字平台都被纳入管制的范畴,有对市场进行广泛干预的效果。相比之下,经济管制将干预对象限定在具有成本劣加性的领域,不仅有较为清晰的管制范围,同时大大减少了对于市场的干预。这种有限干预也具有优势:

    首先,有限干预能够更好地应对数字平台快速创新的特点。从历史上看,数字平台的创新速度较快,不断有新的技术与商业模式涌现出来。今天的社交网络和算法搜索引擎是从曾经被称为“门户网站”的市场演变而来的,如阿尔塔维斯塔(AltaVista)、美国在线(American On Line)。而友仕特(Friendster)、聚友(MySpace)等这些曾经领先的社交网站,将很快消亡。那么,数字平台在不久的将来发生变化也不会令人惊讶。然而,所有的事前管制措施在很大程度上都是静态地看待产业问题。因为创新难以预测,针对性的措施也就难以预设。在广泛干预下,政府对行业的全面介入使得行业缺乏足够的灵活性来适应快速变化。

    经济管制同样是干预,存在管制成本与收益的权衡,即不进行管制可能产生的消费者短期福利损失与管制对创新的抑制等损失的权衡。弗兰克·伊斯特伍德法官就反垄断法实施所提出的错误成本分析框架对于制定适当的市场管制政策同样适用,即作用于市场的措施必须考虑假阳性与假阴性成本。通常而言,假阴性成本能够更好地被市场本身所化解。在更为具体的层面上,相比于经济管制措施,无管制的自由竞争具有三个相应的潜在优势:一是,行业生产者拥有低边际成本的可能性比垄断要高,因为即使一家公司不能确保低成本,其竞争对手也可能做到。二是,具有类似成本的竞争对手的存在降低了行业生产者的信息优势。三是,避免了任何直接的、运营方面的管制成本,如监管者及其工作人员的工资。因此,更大程度地保留市场竞争范围,在创新较快的市场无疑更为可取。

    其次,有限干预能够更好地减少管制机构僵化以及管制俘获带来的成本。管制一旦开始,就有自我强化的趋势。管制机构将会不断证明自己存在的价值,因而产生“棘轮效应”。甚至对于曾经的自然垄断行业(包括电话、航空公司、铁路、发电),即使在竞争变得可行的情况下,管制也往往不愿意退出。因为这些机构以及相关人员的存在依赖于管制。此外,按照经典的管制经济学的理论,管制会带来垄断并产生垄断利润。因此,管制可能是被管制企业主动寻求的结果。当被管制企业可以通过管制获得免除竞争的利益时,它们会尽力阻止管制的解除。再者,受到损害的消费者因为人数众多,协商、组织的成本显著,搭便车行为很难克服,导致缺少足够的力量与管制机构、被管制企业抗衡,无法有效推动管制的解除。基于这些方面的结合,当轻微或者中等水平的干预实施后,会使得未来实施更大程度干预的可能性上升。因此,以较为清晰的理论来限定管制的范围,可以更大程度地避免或减少这些成本。

    为了应对市场失灵而进行的管制虽然不是完美的,但在很大程度上,管制是“必要之恶”,是成本与收益权衡的产物。因此,关键不在于是否需要管制,而在于如何将管制控制在合适的范围。公共性理论存在定义模糊性与管制范围宽泛性的特点,二者的结合会使管制向过度干预的方向发展,导致抑制市场活力的后果。而自然垄断理论所构建的管制基础,以可竞争性与不可竞争性为标准,理论逻辑更合理;将直接管制限定在较小范围,能为自由竞争留下更大的空间。

    (三)数字平台经济管制的实现

    相比于公共性理论,经济管制在数字平台中有更好的应用前景,且经济管制本身有合理的理论框架,为构建完整的数字平台管制体系提供了基础。

    1.作为经济管制前提的结构性剥离

    在理解自然垄断时,需要区分具有自然垄断属性的环节与产业,这对理解数字平台的现有状况非常关键。虽然许多文献经常使用“自然垄断”一词来指特定公用事业服务供应链中的所有活动,即天然气、电力、水等整个产业,但公共政策事实上需将供应链中具有自然垄断属性的活动与具有竞争性的活动分开。也就是说,特定行业中可能并不是所有环节都是自然垄断的。例如,在电力行业中,发电具有竞争性,电力传输网络具有自然垄断属性。这一理解对于数字平台同样成立。例如,即便谷歌的搜索引擎具有自然垄断属性,但围绕搜索引擎的谷歌翻译、谷歌地图等产品却不当然就是自然垄断。

    结构性剥离是确保数字平台自然垄断业务和竞争性业务相分离的重要手段,也是实现数字平台经济管制的前提。此外,通过结构性剥离,可以防止纵向一体化的企业转移利润,消除歧视的内在动因,实现公共性理论特别关注的非歧视义务。例如,谷歌有70多种独立的产品和服务,这些产品和服务具有高度的多样化和独立性,但都存在于一个单一的生态系统中。在这个生态系统中,谷歌保留了访问和生成数据的所有权利。那么,当谷歌的自营业务与生态中的经营者发生冲突时,就难免产生歧视。只有将其中具有自然垄断属性的产品和服务独立出来,才能够根本性地解决利益冲突问题。

    通过对自然垄断业务的剥离,还可以解决由于自然垄断导致的市场集中以及由此衍生的竞争和社会性问题,包括防止通过交叉融资来扩大现有经营者的主导地位、保护系统的弹性、促进多样性、防止权力过度集中等。例如,当所有业务都整合之后,基础设施服务的崩溃就会对经济活动产生较大的影响,而整合在一起的业务越多,越会增加系统崩溃的可能性。结构性剥离可以一定程度上解决这些问题。实际上,平台经济领域一直有分拆平台的主张,希望借此让数字经济回到其自然、合法和分散的状态,从而促进创新和选择多样性。但是,这一主张将所有平台不加区分,使得平台企业失去一体化带来的效率,从而造成对市场的过度干预。而将结构性剥离限制在自然垄断部分,能够更好地平衡竞争与效率之间的关系。

    实际上,在传统公用事业中,通过结构性分拆来解决竞争问题有较多实例。1982年美国针对AT&T公司实施的反垄断同意令,就是其中之一。AT&T网络当时被推定构成自然垄断,并被要求拆分为多个公司,每个公司负责特定地域的业务。数字平台并不存在结构性剥离的障碍,即便现在的大型平台企业的业务分支非常多,往往构成一个庞大的生态系统,但也是从最初的核心业务逐步发展而来。对于有自然垄断属性的业务,因为其市场地位,剥离出去也不会存在无法存活的问题。在数字经济领域已经有相关尝试。在曾被称为“反垄断世纪之案”的美利坚合众国诉微软公司案(下称“微软案”)中,法院就准备将微软拆分为应用软件和系统软件两个部分来分别营运。近期美国联邦贸易委员会在起诉脸书(Facebook)的反垄断诉状中,要求脸书剥离即时电报(Instagram)和瓦次阿普(WhatsApp)两种业务。当然,这些案例代表了不同的分拆思路。AT&T的剥离是横向分拆,分拆之后的几个公司都保留了在位本地交换运营商在本地服务方面的垄断地位。而微软和脸书的剥离主要基于业务功能,是纵向分拆。对数字平台来说,AT&T的剥离可能存在比较大的局限性,因为数字平台的经营很难被限制在特定的地理范围之内。相反,基于不同业务功能本身的自然垄断属性进行纵向分拆更为合适。

    2.作为经济管制核心的互操作义务

    在实现了自然垄断业务或环节的剥离之后,就出现可竞争性业务与自然垄断业务相联结的问题,互操作义务是解决这一问题的基本规则。自然垄断意味着数字平台在相关市场上具有垄断性地位,如果其不提供信息、资源的共享,则剥离之后也无法根本性地解决市场竞争问题,因此,需要确保自然垄断的平台以竞争性条件向新进入者提供该基础设施。通过互操作义务,能够使相关平台获得基础性的资源,新的市场进入者不会因为受限于网络效应、规模效率而难以发展。正是在这一意义上,互操作义务成为数字平台经济管制的核心义务。在“AT&T案”中,美国法院在进行结构性剥离的同时,不仅要求旧贝尔系统的各个部分彼此互联,而且要求其与新的竞争者互联,在非捆绑、收费的基础上提供交换接入。因此可以说,互操作义务和结构性剥离相辅相成,是针对自然垄断业务最为关键的强制性规则。

    强制性的互操作义务是针对自然垄断平台而言的,不构成所有数字平台的普遍性义务。竞争性数字平台可以自主决定是否采用互操作,这取决于互操作所可能带来的竞争结果。一般而言,互操作可以有效整合多个平台的网络,从而扩大网络效应,因此,平台具有很强的动力来保持彼此之间的互操作。然而,不提供互操作虽然减少了网络效应的优势,但能够带来差异化的优势。以社交媒体平台为例,不管是做短视频社交、商务社交还是图片社交,这些产品都受益于网络外部性,相互之间往往没有或只有有限的互操作,但这些产品之间存在显著差异,吸引的用户群体虽然重叠却各不相同。因此,在自然垄断之外,由市场来自由决定是否采用互操作更为合适。

    实现互操作的关键是建立技术标准。在互联网背景下,互操作相比于以往基础电信行业要更为简单一些,且不会显著增加成本。因为电信行业互操作的实现不仅需要建立技术标准,还需要专用线路和机器等大量成本投入。相比之下,互联网领域中提供互操作的边际成本可能是零或接近于零,管制机构要求互联不需要太高的监管成本。此时,第三方与数字平台联通主要是要求与平台之间的信息交换,平台通过其提供给第三方的应用程序接口(API),为此类通信设定限制和政策,因而其关注点在于第三方应用程序开发人员可以通过API向平台发送和获取哪些类型的服务、数据和网络功能。因此,数字平台互操作的主要成本是建立开放标准用于数字信息交换,以实现特定功能。而且,需要建立技术标准来实现的功能,只占数字平台功能的很小部分。至于平台的其他功能,仍然可以按照平台认为对其有利的方式进行设计,从而实现差异化的优势,如更好的页面布局、更严格的隐私保护等。但参与互操作的授权平台或者自然垄断平台必须使用标准技术传输所涵盖的内容。至于互操作技术标准的制定组织,可由行业参与者、消费者代表、技术专家和政府代表组成,其运作以及预期的成效可以参考标准必要专利制定组织。

    3.在既有经济管制措施基础上的发展

    对数字平台的自然垄断业务进行剥离并强制互操作义务,是对部分数字平台实现经济管制最重要的方面。但经济管制是一个体系,相关联的内容还有很多。例如,剥离自然垄断业务之后,为了防止市场进入带来的非效率性,还需要对市场准入进行限制。再如,尽管互操作以技术标准为主,但也可能涉及平台产品或服务的价格,需要确定合适的价格以激励平台降低成本。在市场进入上,虽然自然垄断属性说明该市场无法通过竞争来提高效率,但获得垄断性经营的资格是可以竞争的,因而存在如何设计有效的特许经营合同的问题。对此,还会进一步关涉到平台到底是直接收归国有还是私人经营,考虑不同的经营主体与治理模式对运行效率的影响问题。这些都是数字平台经济管制体系需要解决的问题,这里无法一一展开。

    经济管制是几乎每个国家和地区公共政策中的重要组成部分,在数字平台发展起来之前,对电信、铁路、电力、自来水等行业的经济管制实践已经持续多年。而且,由于对这一期间的观念转变、技术发展所带来的冲击有不同的理解与现实考虑,不同的国家和地区有不同的制度设计,导致大量共同性制度之外还有多样化的经验。例如,经济管制中通常需要设定产品或服务的价格水平,实际政策中经常采用的是最高限价管制及其变种(如收入上限)。这种被称为激励性的定价方法要求公用事业单位在规定的时间内使基本服务的价格不高于规定的水平,从而激励其降低成本,以实现更高的回报。这些被传统产业广泛采用的方法,也可以在数字平台管制中继续采用。总体而言,与公共性理论所主张的管制措施缺少体系性与现实性不同,数字平台的经济管制能以传统产业的经济管制为基础继续发展,前述问题中的大部分也能够因此获得更好的解决。

    构建经济管制体系是系统性工程,需要管制政策创造性地解决数字平台所带来的挑战,这本身也是数字平台管制政策在制定、发展中的应有之义。即便在传统产业的经济管制中,不同产业同样存在因为发展而产生的新问题,需要管制措施充分考虑。例如,电力的特点之一在于生产出来后通常无法储存,需要在电力系统管制上考虑电力供应和需求保持连续性的平衡。数字平台有其自身的特点,其经济管制体系也面临新的问题。首先,数字平台在技术与商业模式上具有快速创新的特点。尽管经济管制的范围已经大大小于公共性理论所主张的范围,但经济管制毕竟替代了市场,具有管制固有的僵化性弱点,难以对市场的发展进行有效预期。例如,网约车才出现时,因为互联网技术的应用,使得网约车可以直接营运的规模非常大,具有潜在的自然垄断倾向,促使当年最大的两家网约车公司滴滴和快的在2015年合并。到2016年9月,滴滴在全国范围内就已经有超过1500万的注册司机。但是,网约车平台具有双边市场属性,网约车和用户的规模不仅有规模效应,而且有交叉网络外部性。也正是因为这一属性,当聚合平台通过其拥有的流量入口将小网约车公司整合在一起后,就解决了网约车所面临的用户规模限制,网约车自身的规模限制也随之被打破。商业模式创新实现了网约车平台的可竞争性。在此情况下,如何使经济管制体系更具有灵活性,使不再具有自然垄断特性的市场能够及时解除管制,需要制度层面上的解决方案。其次,特定商业模式的管制具有挑战性,如互联网领域中广泛存在的免费模式。通常在经济管制中会进行价格管制,但当产品或服务的价格为零时,这种管制在可操作性上就变得困难。当然,所谓的“免费”实际上包含了以物易物的交易过程。不可否认的是,当价格为零时,管制的重点只能转移到质量上,但质量不像价格那样直观和易量化。以搜索引擎为例,即便能以搜索引擎的总成本加上公平的投资回报率来作为定价基础,并对搜索广告服务的价格增长实行价格上限管制,但搜索引擎面向搜索用户是“零价格”,要向搜索用户确定搜索查询的适当定价或监管搜索的质量会有较大难度。这些问题也是实施经济管制需要解决的。

    本文转自《法学研究》2023年第5期

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      雍正上谕:一、满清入主中原君临天下,是否符合正统之道?岂可再以华夷中外而分论?  二、朕到底是不是谋父、逼母、弑兄、屠弟、贪财、好杀、酗酒、淫色、诛忠、好谀、奸佞的皇帝?
      奉旨问讯曾静口供十三条:一、大清朝的建立正是天命民心之所归,乃道义之当然  二、华夷之间、人兽之间的本质区别到底是什么呢?  三、清朝统治八十年后,造成地塌天荒,神哭鬼号吗?  四、社会出现贫富差别的原因是否可以归咎于君王呢?  五、整个大清国的人民到处都在呼号怨恨吗?  六、像岳钟琪一样臣事清朝的人就是低头屈节、效忠于匪类吗?  七、明朝亡于李自成之后,清兵的确是明臣请来除寇治乱的,是救亿万生灵于水火之中的仁义之师啊!  八、对于孔子的《春秋》大义,岂可以乱臣贼子之心来解释?  九、对于一个臣民来说,到底什么是荣辱生死的大义?  十、那些狂肆毁谤皇帝的谣言传语到底从何而来?  十一、这“山崩川竭”的传言到底是何等之事?  十二、“五星聚,黄河清”的瑞祥征兆到底是什么因缘?  十三、被曾静奉以为师的吕留良到底是何许人也?
      奉旨讯问曾静口供二十四条:一、曾静等人各处行走,纠合叛逆之人的缘由如何?  二、大清国里考生增多,如何说是文人趋下,无耻奔竞呢?  三、著述《格物集》的刘先生,其人其书是什么情形?  四、如果皇帝只应孔、孟、程来做,那么汉、唐、宋、元的开国皇帝都是光棍”吗?  五、你曾静真的是可以担当“天聪明,乾之九五”的大人物吗?  六、“华夷之分大于君臣之伦”的道理讲得通吗?  七、清朝得天下到底是盗窃天位的强盗呢,还是驱逐流寇的主人呢?  八、到底是中华之外,四面皆是夷狄”呢,还是天下一家,万物一源”呢?  九、大清王朝八十多年没有国君吗?臣民也禽兽不如吗?  十、科举制度仅仅是讲名讲利、卑污苟贱而不知耻的方法吗?  十一、你曾静为何尊敬悦服一个行走于市井江湖的吕留良呢?  十二、春秋战国时期的封土建邦、割据而治真的适合大清国情吗?  十三、边地民族全是无耻无状的小人,难道没有像尧舜一样的圣人吗?  十四、对于夷狄入主中原,难道一定要诛戮讨伐,而不能和睦相处、共图大业吗?  十五、大逆不道的吕留良真的能和孔子相提并论吗?  十六、你曾静自命为济世英才,你真的有“宰相之量”,还是心怀异谋,图为不轨呢?  十七、程颢提出的选拔人才方法在宋代已经证明行不通,难道能够在本朝实行的通吗?  十八、雍正钱发行不久,不能普遍流通,你便造谣“雍正钱,穷半年”,是居何用心?  十九、为什么山西百姓争先恐后为国效力,忠诚爱戴朝廷,而湖南竟有你这样猖狂悖逆之徒?  二十、有人诬蔑你的父亲有盗窃的劣迹,母亲有淫乱的行为,你能不加审查便将父母唾骂一番,甚至著书立说到处宣扬吗?  二十一、自称忠民义士的曾静,你为什么要甘愿赴蹈灭族死罪而谋反呢?  二十三、云贵两地民风淳厚,服教乐善,以至感召丰收大稔,正是天人感应昭著啊!  二十四、孔庙失火和庆云出现是礼乐制度遭受厄运的灾异呢,还是文明光华的祥瑞呢?
      曾静供词五条:一、皇上嗣位以来,是五谷丰登,人民乐业?还是四时易序,五谷少成?  二、雍正皇帝是励精图治,爱抚百姓,还是谣言所传的虐待百姓呢?  三、皇上调拨粮食是平抑物价,还是倒卖粮食做生意?  四、雍正皇帝是有好生之德,还是草菅人命,滥杀无辜?  五、雍正皇帝是霸嫂为妃,还是按照惯例让她们居在别宫呢?
      雍正上谕:忠诚报国、公正无私的岳钟琪与叛逆曾静有鲜明的对照
      曾静、张熙供词二条:一、我曾静这个文弱书生是怎样成为弥天重犯的?  二、我张熙久居僻壤穷乡,怎么会误入歧途,随师造反呢?
      曾静供词二条:一、皇上不是有意遵循守孝三年的古制,不过是为了尽心尽孝才安心罢了  二、雍正皇帝勤政爱民,与天理浑然一体,神功伟德实在是顶天立地
      雍正上谕:一、我雍正是将遗诏的“十”改成“于”字而谋取皇位的吗?  二、朕诸兄弟不可以德化,不可以理喻,不可以情感,不可以恩结,而其悖逆妄乱,的确是百折不回  三、朕之“屠弟”,正是为了不负皇考付托之重,顾及宗社之安危
      雍正上谕:吕留良怎么得罪了圣祖皇帝在天之灵,而落致戮尸枭首的下场
      曾静供词二条:一、我是怎样受吕留良思想毒害,而成为弥天重犯的?  二、乱臣贼子吕留良是怎样把我们引入歧途的?
      雍正上谕:一、本朝子民严鸿逵追随吕留良效颦狂吠,谩骂诽谤朝廷,是何居心?  二、曾静痛心疾首地说:“我这过去的禽兽,如今是怎样脱胎成人的?”

      附录:
      陕西总督岳钟琪奏折:一、秀才造反,实在是自投罗网  二、假结同盟,这样才诱出真情  三、追根溯源,吕留良正是罪魁祸首
      雍正上谕:急下诏书,各路兵马展开大缉捕
      陕西总督岳钟琪奏折:一、感泣悚惶,披肝沥胆再上奏折  二、谨慎行事,乞请皇上睿鉴  三、追查谣言,务必要铲除祸根
      副都统海兰等奏折:  天罗地网,长沙党羽插翅难逃
      湖南省巡抚王国栋奏折:一、境内出逆匪,以致巡抚受牵连  二、检讨失误,湖南巡抚愿立新功
      刑部侍郎杭奕禄等奏折:曾静等人为什么要捕风捉影、诽谤雍正皇帝?
      湖广总督迈柱奏折:曾静等人在湖南被捕审的经过
      陕西总督岳钟琪奏折:一、张熙堂叔张勘被追捕的经过  二、继续搜捕毛仪及其两子的经过
      刑部左侍郎杭奕禄等奏折:一、应将曾静案及其主犯押送湖南对质  二、曾静等供词及押解犯人进京安排
      雍正上谕:沈在宽诗“陆沉不必由洪水”,其中大有深义
      广西巡抚金奏折三条:一、雍正收用密亲王妃嫔的谣言  二、臣下的确夙夜兢兢,稽察办案  三、风水先生摇唇鼓舌,祸从口出
      雍正上谕:仁君何以要对弥天重犯网开一面
      江苏巡抚尹继善奏折:冒名王澍传播谣言的犯人
      浙江总督李卫奏折:在浙江继续查访逆党情况
      陕西总督岳钟琪奏折:《大义觉迷录》一书的确是觉世道之宏模,指迷途之宝训
      浙江总督李卫奏折:谎供引起的草木皆兵、虚惊闹剧
      湖南巡抚赵弘恩等奏折:湖南人为什么非要将曾静沉潭溺死
      雍正上谕:对吕留良及家属最后应如何判决
      安徽巡抚程元章奏张秀公等供词:南方几省与王朝有关的人仍要大力追查
      江苏巡抚尹继善奏折:要继续对张应星的会客日记上的人逐加细问,一一根究
      雍正上谕:朱轼等编纂的驳吕留良之书应该颁发各地学宫
      湖南巡抚赵弘恩等奏折:曾静已到湖南观风整俗使衙门任职
      雍正上谕:一、对吕留良孙辈心有不忍,从宽免死,改判流放  二、严鸿逵、沈在宽诸人应凌迟处死,戮尸枭首示众
      乾隆上谕:一、将攻击先王的曾静、张熙缉拿进京  二、将大逆不道的曾静、张熙凌迟处死

    雍正颁布《大义觉迷录》始末

    雍正六年秋,湖南永兴文人曾静,遣徒张熙(化名张倬)赴西安向陕西总督岳钟琪投书策反。九月二十五抵西安,次日上午,当岳钟琪正乘轿抵总督署衙门前时,张熙手捧书信拦轿阻道,声言要亲交总督岳钟琪,并有要事与他讲。岳钟琪命随员接过书信,见那书信封面上写天吏元帅岳钟琪”,岳甚为惊奇,随将投书人交巡捕看守。急忙赶回总督署衙,走进密室,拆书细读。这封策反信,署名“南海无主游民夏靓、张倬”。所谓“无主游民”,就是不承认是清王朝统治下的民人。原信从未公开过,但从以后的审讯口供和《清文字狱档》中记载,大致有四个方面的内容:一、强调“华夷之分大于君臣之伦”。认为雍正帝是满洲”女真人,就是夷狄,“夷狄即是禽兽”,“满人”入主中原是夷狄”盗窃王位,清朝历经“八十余年天运衰歇,地震天怒,鬼哭神号”,这是夷狄”统治带来的恶果,所以要反对清朝的统治。二、谴责雍正帝是失德的暴君。列出雍正帝谋父、逼母、弑兄、屠弟、贪利、好杀、酗酒、淫色、怀疑诛忠、好谀任佞十大罪状。这么多的罪状,根本无资格当皇帝。三、指责雍正是用阴谋诡计而篡位的。因而天地不容,使天下“寒暑易序,五谷少成”,出现“山崩川竭,地暗天昏”。百姓饥寒交迫,流离失所,尸横遍野,反清愤忿,一触即发。四、策划岳钟琪同谋造反。称岳是宋代抗金民族英雄岳飞的后裔,劝其继承先祖遗志,不应效忠清王朝,要他用手握重兵之机,适时地举事谋反,为列祖列宗报仇,替大汉民族雪耻。

    岳钟琪才平息了疯子卢宗汉持同样理由的谋反事件,又碰到张熙投书策划谋反,于是当即向雍正帝如实地上了奏本。

    岳钟琪,字东美,号容斋。四川成都人。康熙五十年,开始担任武职军官,后因在云贵边陲屡建战功,于康熙六十年提升为四川提督。雍正元年,因平定青海罗卜藏丹叛乱立大功,授封三等公、参赞军机大臣。雍正三年七月,因大将军年羹尧事发,接替年羹尧出任川陕总督。这个职位重要,自康熙十九年定例,是满族八旗要员的专缺,岳钟琪获得破例提升。当岳接任年羹尧受命川陕总督之际,直隶总督蔡立即向雍正奏本称岳“不可深结”。并对岳钟琪说:“怡亲王对你当上川陕总督非常不满,皇上藩邸旧人傅鼐告你要小心。允祥是皇上最信任的兄弟。”

      岳钟琪接到张熙投书三个月前,成都人卢宗汉在大街呼喊:“岳公爷带领川陕兵马,想要造反!”并呼唤民众起来,“从岳公爷造反,西城门外开有黑店,要杀人”。这个举动使岳大为恼火,当即命提督黄庭桂将卢宗汉捉拿归案,被当作疯子砍了头。尔后正式上奏朝廷称:“卑职不敢檄讯,不敢隐匿”。并提出引咎辞职。雍正说这是蔡、程如丝等鬼魅之所为。并说:“多年来,曾在朕前密参的谤书有一箧之多,可朕从无理它”。要岳钟琪继续供职,不要理会那些佞言邪说,要他“愈加鼓励精神,协赞朕躬,利益社稷苍生,措天下于泰山之安,理大清于磐石之固,造无穷之福以遗子孙也!”

      但岳钟琪与皇上帝的关系不协调的舆论却在民间广为流传。四川、湖南民间传说,岳总督非常尽忠爱民,曾上奏谏本,说些不知忌讳的话,劝皇上修德行仁,皇上非常怀疑他,怕他威重权高,对朝廷形成威胁,屡次召他进京,要削夺他的兵权,并传说要杀掉他。那岳总督非常害怕,连召几次,他都不敢进京。皇上见他死守任上,不肯进京,越发对他疑忌。因他是大学士朱轼保举推荐的人,令朱轼召他才进京。皇上就派朱轼来陕西召他,不得已才同朱轼一同进京陛见,并向皇上奏说用人莫疑,疑人莫用等语。皇上听到这个谏议,也就不忌前嫌,仍派他回陕西继续任职,但要求有人保他他才肯去。皇上问朱轼,朱轼不愿再保;又问九卿大臣,九卿大臣也不敢保;皇上就亲自保他去了。岳钟琪出京门才四天,朝中就有一大臣向皇上奏了一本,说朱轼不保他,是和他暗结私党,里应外合预谋造反,等到朱轼到他任上保他,他才消除疑虑,欣然进京。这足可证明他同朱轼是同党合谋,今日回陕西,本来朱轼是原保举人,照理应该去保他,可是他推却不保了,这是朱轼脱身之计。皇上十分后悔,对他疑忌更深,马上派遣一个叫吴荆山的朝廷官员前去追赶,让他赶快回京,他不从命。这朝官吴荆山没有办法,就在路上自刎了。这总督回到任所之后,随即上了一道本章,说皇上很多不是之处。可见岳钟琪是朝野瞩目的人物,朝中有人因他是兵权在握的汉族重臣而忌防他;百姓则又认为他是忠义爱民而又反对雍正暴政的岳飞后裔,把反清复仇的希望寄托于他。使岳钟琪成为政治斗争和民族矛盾的试金石。二今见南海无主游民夏靓遣徒张倬上书“天吏元帅”岳钟琪,书信内容有“皆诋毁天朝,言极悖乱,且谓系宋武穆王岳飞后裔,今握重兵,居要地,当乘机反叛,为宋明复仇”等语,加上前因后果,使岳钟琪像骨鲠在喉,欲吐不能,暴怒之极,决定亲自提审张倬审讯,对投书人张倬施以重刑严加逼供,把张倬打得皮开肉绽,几次昏迷过去。但张倬誓不招供,宁愿“舍身可以取义”,尊从恩师所嘱“只去献议,不必告以姓名里居”的嘱托,只说他们的势力范围很广,湖广、江西、云南、贵州等省,这些地方民众反清情绪高涨,可以一呼百应群起反清。结果一无所获。岳钟琪怕事涉嫌疑,随即密奏皇上,恳请雍正批准“将张倬解送到京”,交朝廷审讯此案。雍正接到奏折,反应却沉着镇静,声称“世上竟有如此可笑之事,如此可恨之人”。同时奉劝岳钟琪要秘密审讯,用刑太过酷狠了,“料理急些了,当缓缓设法诱之”。他在大臣田文镜的奏折上批复道,“遇此种怪物,不得不有一番出奇料理”的手段,方能使悖逆之人就范。岳钟琪忠实地照雍正的谕旨办了,想出一套巧计诱供的计策,同时为撇开清廷猜忌,岳钟琪请出一位满州大员陕西巡抚西琳陪同审讯。在提审张倬时,张倬被绳捆索绑押进审讯庭堂,西琳暗躲在屏风后窥探审讯情景,岳钟琪一改过去怒斥责骂态度,笑容可掬地亲自为张倬解下绳索,并让坐捧茶以礼奉侍,大加夸奖张倬是位英雄好汉,难得的仁人志士。岳钟琪流着眼泪诚恳地对张倬说:“我岳某早有谋事反清意图,只为处境艰难,不得已对志士动用刑讯,以图掩人耳目,看你是真是假,不想兄弟真男子大丈夫,使兄弟受委屈了,请你体谅。”说着热泪横流,伪为发誓结为盟友,共讨满清,光复汉室。九月二十九日,岳钟琪导演的假戏成真。二人在秘室,照例又拉一位满州大员秘隐屏风之后以窃虚实,二人焚香对天跪拜,叩头泣血,结为金兰之交,风雨同舟,患难与共,共举义旗,迎聘曾静为师,决心为推翻满清为己任,这样骗取了张倬的信任。张倬于是将他恩师和平时与恩师交往密切而又诋毁清朝最严重人的姓名住址,一一告诉了岳钟琪。雍正对岳钟琪的做法甚为满意,用朱批道:“览虚实不禁泪流满面,卿此一心,天祖鉴之。……朕与卿君臣之情,乃无量劫之善缘同会,自乘愿力而来,协朕为国家养生者,岂泛泛之可比拟,朕实嘉悦之至。”

      激动得泪流满面说:“岳钟琪实朕股肱心膂之大臣。”

      “惟知有国,不知有身。”

      雍正对岳钟琪大加奖励,使岳钟琪“感泣悚惶,惊喜交迫”。这个投书策反人的真实姓名叫张熙,字敬卿,张倬是化名。他的老师叫曾静,夏靓是化名,湖南郴州永兴人,他出身于“家事单寒”的家庭,因应试屡次落第,中年放弃举业,以教书授徒糊口,自称“蒲谭先生”。他收张熙、廖易两个得意徒弟在家,住房不宽绰。他先有同居的兄、嫂,后来兄嫂夫妻反目,嫂子改嫁。张熙、廖易家事也很贫寒。岳钟琪审讯张熙为何谋反,张说:“百姓贫穷,只为救民起见”。曾静看到土地高度集中,财富占有不平等,从他们自身经历中深有体会,曾静著书说:“土地尽为富室所收,富者日富,贫者日贫”,所以具有浓厚的民族意识和政治见解,认为只有铲除满清统治,贫寒百姓才有出头之日。他根据社会传言和自己的分析,认为岳钟琪最有能力实现他的反清复明目的。雍正六年五月,曾静派遣张熙和他的堂叔张勘同行,张熙当出家产作路费,携带给岳钟琪的策反信和《生员应诏书》赴陕投书,一路晓行夜宿,风尘仆仆途经贵州到四川,听四川人讲岳钟琪已回驻西安,便由四川追踪到陕西。九月十三日到了西安,打听岳钟琪是当今皇上重用的封疆大臣,皇上非常宠爱他,所谓北京雍正皇帝三召不赴京之说,纯系编造的谣传。二人听后,心灰意冷,那同路人张勘更为惊慌,吓破了胆,便偷偷地扔下张熙,只身逃回家了。张熙投书意志坚决,心想当了家产做路费,千里迢迢专为投书而来,决不虚此一行,于是冒着九死一生的危险向岳钟琪投书。雍正帝自登基以来,常处于如履薄冰的险境,所以他采取铁血手腕,凡是危及皇位的人,无不在他面前倒下。几年来他处心积虑地分化瓦解了允集团;打击了允、允争夺皇位的势力;严加惩处隆科多结党联盟企图篡权的诸文武大臣。其诛连之广,处置之惨,堪称是清代“铁血皇帝”。雍正帝不仅是宫廷政变的高手,而对驭驾重臣也有新的创造。他为稳定西北,不让边陲要地出纰漏,不惜以君王身份向岳钟琪封官许愿,发誓赌咒。使岳感恩备至,以更大精力防守边陲,同时去查办这宗天字号谋反案。雍正帝早已觉察到,张熙投书谋反案,绝不是孤立偶然现象。特别是供出已撒手人寰四十五年的反清祖宗理学大师吕留良。张熙供称吕留良是我辈同志之人素所宗者”。曾静于雍正五年(年)曾派张熙去浙江购书,专门到吕留良后裔家坊求遗著手稿,吕留良的儿子将乃父遗稿交给张熙,其中有《备忘录》、《吕子文集》。曾静看到这些书稿,“始而怪,既而疑,继而信”。对吕留良佩服得五体投地,认为吕留良完全有资格作皇帝,反清思想更为浓厚。当曾静派张熙投书时,行李中尚有抄录吕留良的诗文手册。曾静、张熙同吕留良的高足徒弟严鸿逵交往极其密切,由反清思想变为反清行动。三雍正帝不仅察觉此案非偶然现象。而更深层次追究,其背景也非同小可。如那曾静、张熙深居穷乡僻壤,怎能知道宫廷中发生的错综复杂细节,怎能指责他犯有十大罪状呢?雍正帝分析,这些谋反言行的来源有两个方面:“盖其分别华夷中外之见,则蔽锢陷溺于吕留良不臣之说;而其谤及朕躬者,则阿其那(允)、塞思黑(允)、允、允之逆党奸徒,造作蜚语,布散传播,而伊误信以为实之所致。”

      雍正将被打倒在地的同父异母皇八子允改名为阿其那,皇九子允改为名为塞思黑。阿其那满语为狗,塞思黑满语是猪,可见雍正为争夺皇位,不惜将其同父异母兄弟当做狗猪对待,其性格刻薄枭乖可见一斑。曾静供称:他的“华夷之分大于君臣之伦”

      的反清排满言论来源于吕留良的《吕晚村文集》,他供称:“皇帝合是吾学中儒者做,不该把世路上英雄做。周末局变,在位多不知学,尽是世路上英雄,甚者老奸巨猾,即谚所谓光棍也。若论正位,春秋时皇帝该孔子做;战国时皇帝该孟子做;秦以后皇帝该程、朱做。明季皇帝该吕留良做。如今却被豪强占据去了。”

      “妄以此人是本朝第一等人物,举凡一切言议,皆当以他为宗。”

      “于是中留良之毒深,所以不察其非,而狂悖发论至此。”

      雍正明白了曾静等人的反清源于吕留良及其著作,认识到思想犯更比现行犯危险得多。那曾静见势却来个将计就计,顺水推舟,将全部反清思想和现行反清行动都推到受吕留良的蛊惑和影响。于是,雍正将曾静谋反和吕留良文字犯连结起来,精心将张熙投书和吕留良的著作摘录成条,分编整理,审讯时公开提问,要曾静、张熙等老实交待,重新认识,自我批判。尽管吕留良已死去四十余年,继承乃父衣钵的吕葆中也已魂归西天,也难逃口诛笔伐和刨棺戮尸的厄运。吕留良(公元—年),字用晦,号晚村,浙江石门人,明末清初著名理学家和思想家。少年时博览群书即有文名,十二岁时在家乡结文社。明亡后曾散家财,企图反清复明。清顺治十七年,参加科考,中秀才。此后连续参加科举考试,均名落孙山,始悔心迹相违,苦闷已极,后与同乡学者黄宗羲、黄宗炎结识,使他反清思想更为坚定。他决心不参加清朝科考,不做清廷官吏,更不与官场来往。隐逸山村,以“天盖楼”为名,评选时文,闭门著书授徒。康熙五年(公元年),他根据读书士子要求,选评历代八股文要义,辑评注释,成书为《时文评选》,刊刻发行后,流行极广,远近闻名,前往求教的士子络绎不绝,被誉为“东海夫子”。在学界产生较大影响。康熙十八年,浙省官员推荐他参加博学鸿词科考试,被他拒绝,次年地方官员又以“山林隐逸”荐举他,他坚辞不赴,吐血满地,索性削发出家当和尚去了,起法名为耐可,字不昧,号何求老人。他在《耦耕诗》写道:“谁教失脚下渔矶,心迹年年处处违。”

      “八年倦容违心做,九日黄花满意开。”

      表现他誓不仕清,蔑视现政的民族气节。吕留良于康熙二十二年病死,终年五十五岁,其后人将其诗文汇编刊刻,成书有《吕晚村诗集》、《吕晚村先生文集》、《惭书》、《四书讲义》、《论文汇钞》、《八家古文精选》及评选的明文和清人时文等。吕留良的基本理论是华夷之辨,大于君臣之伦”。反对尊君卑臣,反对官重民轻,反对清朝满族统治。这些基本理论同清朝统治者要求大相径庭,故而遭到雍正帝的怒斥呵责。雍正说,吕留良写的文章和日记,全是叛逆的词句,凡是做臣子的,都会不忍看,不忍读,更不忍写出来。因而雍正对吕留良的反清思想和曾静的谋反案,逐章摘句的进行口诛笔伐,以求达到消除反清排满思想。与此同时,雍正不失时机地穷打猛追允集团的残余势力。他清楚知道允集团党羽,还在各地兴风作浪,窥探时机,以求反扑,绝不能掉以轻心,因而他集中力量追查雍正失德等十大罪状的具体情节及其来源。关于雍正继位制造的种种议论,曾静供称:圣祖皇帝原传十四阿哥允天下,皇上(指雍正)将“十”字改为“于”字而篡了位;又d圣祖在畅春园病重,皇上给圣祖端碗人参汤,圣祖喝了后便驾崩了。”

      关于逼母,说是雍正逼太后在铁柱上撞死,雍正听后说:“但不料其诬蔑诋毁、怪诞奇特至于此极,亦并不料曾静、张熙辈遂信以为实,而便生背叛之心也。”

      人言可畏,直接关系他这个皇帝宝座是否能坐的大问题,因而他决心清除心腹隐患,不惜以万乘之尊同犯人逐条辩论。“你是怎么知道的?”“何以听闻?”“朕若有此事,皇天在上可以证之,”等等发咒和质讯,确实惹怒了雍正。据审讯曾静时,供称:他是听安仁县生员何立忠和永兴县医生陈象侯说的”,何、陈供称是听茶陵州看风水先生陈帝锡说的。经多次审讯陈帝锡,陈帝锡记不清楚了,便含糊其词说:“他是在衡州路上,碰见四个穿马褂、说官话,像是旗人的大汉子,说岳老爷上了谏本,不知避讳,皇上大怒。”

      但后来“皇上并未定他的罪,反加封他的官。”

      雍正要的他失德口供,所问非所答。经过反复审讯,辗转查访,顺藤摸瓜,查出是被判罪流放的允、允的得力太监和党羽达色、蔡登科、马守柱、耿桑格、耿六格、吴守义、霍成等人说的话扩散出去的,这些被诛连的宫中太监,心怀不满,从北京发配到广西充军,“沿途称冤,逢人讪谤”。肆无忌惮地攻击谩骂雍正,凡过村店城市,高声呼招:“你们都来听皇帝的新闻,我们已受冤屈,要向你们告诉,好等你们向人传说。”“只好问我们的罪,岂能封我们的口。”

      同时又查出以前发配东北三姓地方的允集团亲信党羽,同样“肆行诬捏,到处传播流言,欲以摇惑人心,泄其私忿。”

      雍正紧紧抓着发配远境的允集团残余势力散布流言不放,列出这些犯人的言行,同曾静谋反、吕留良文字狱结在一起,为彻底肃清允集团势力找到借口。凡查出散布流言而中伤当今皇上的允集团残余分子,罪加一等,重新加罪处置,这些人的下场之悲,清史资料中虽未记载,但可想而知。四这桩由雍正帝亲自领导并由他亲自审讯的清朝最大文字狱案,从雍正六年开始立案追查,直到雍正十年方告结案。而最后的处置,却一反历代皇帝处置钦犯的常例。雍正下令免罪释放曾静、张熙等谋反犯,让他们戴罪立功,到各地现身说法,清除流毒;政治思想犯吕留良被锉尸枭首。他的长子吕葆中、学生严鸿逵被刨棺戮尸,枭首示众。其他受诛连的依律处斩、杖毙、缘坐和发配等严刑惩处。对于雍正的“出奇料理”,九卿大臣大为不满,纷纷上书要求将曾静、张熙等谋反人凌迟处死,即是碎尸万段也不足平臣民之愤。雍正帝力排众议,他认为若不是张熙自投罗网,曾静等供出许多散布流言蜚语惑众造反的人和诽谤皇上的奸人恶党,如何能暴露无遗?“朕深居皇宫何以能知道,何以能去一一查清,又何以能使天下臣民得知朕继位之正。”

      这样去看问题处理问题,那曾静、张熙等人还是有功劳的,故而皇上不究其往,不究其罪,决定予以无罪释放,使其改过从新。并说:“以后不要再向朕上奏此处置曾事,即是上本奏章,朕也不再看了。”

      非但如此,雍正还降谕子孙后代:“朕之子孙将来亦不得以其诋毁朕躬而追求诛戮。”

      同时,雍正帝编纂刊刻这桩最大文字狱案的全部谕旨、审讯、口供秘密记录,后附曾静的认罪书《归仁说》,书名为《大义觉迷录》,发行全国各府州县以及“远乡僻壤,让读书士子及乡曲小民共知”。“要每学宫各贮一册”,永久存档,做到家喻户晓,人人皆知。“倘有未见此书,未闻朕旨者,经朕随时查出,定将该省学政及该县教官从重治罪”,“要使远近寡识之士子不至溺于邪说”。可见《大义觉迷录》是雍正帝的力作,具有非常特色的旷世大著,因为它能使人人都“觉迷”起来,紧跟雍正走。曾静、张熙被释放后,安排在湖南观风整俗使处,以便随叫随到听候遣使,地方官员和平民百姓,不能蔑视讥讽。之后,曾静、张熙携带《大义觉迷录》,到各地向民众现身说法,宣讲《大义觉迷录》。由此可知《大义觉迷录》刊刻数量之多,普及发行之广达到雍正年间最高水平。雍正对吕留良文字思想犯处置与曾静谋反案却大相径庭。其诛连数之多,刑惩之惨酷,可以说是达到登峰造极地步了。雍正朱批道:“逆贼吕留良,凶顽悖逆,私为著述,妄谓德以后,天地大变,亘古未有,于今又见。……岂非逆天悖理,无父无君。”

      于是下令将已死去的吕留良和长子吕葆中“俱著戮尸枭示,次子吕毅中著改斩立诀,其孙辈俱即正典刑。朕以人数众多,心有不忍,著从宽免死,发遣宁古塔给于披甲人为奴。倘有顶替隐匿等弊,一经发觉,将浙省办理此案之官员与该犯一体治罪”,“其财产,令浙江地方官变价充本省工程之用”。吕留良的徒弟严鸿逵,此时已死多年,但他“与吕留良党恶共济,诬捏妖言……为王法所不贷”。“严鸿逵应凌迟处死,即使死去,应戮尸枭示。其祖父、父亲、子孙、兄弟及伯叔父兄弟之子,男十六以上皆斩,立决。男十五以下及严鸿逵之母女妻妾姊妹子之妻,俱解部,给功臣之家为奴,财产入官。”

      “沈在宽(严鸿逵的学生)传习吕留良、严鸿逵之邪说,猖狂悖乱,附会诋讥,允宜速正典刑,凌迟处死。其嫡属等,均照律治罪。”

      吕留良案内,“黄补庵,自称私淑门人,所作诗词,荒唐狂悖;车鼎丰、车鼎贲,刊刻逆书,往来契厚;孙用克,阴相援结;周敬舆,甘心附逆,私藏禁书。黄补庵应拟斩立诀,妻妾子女给功臣之家为奴,父母子孙兄弟流二千里。车鼎丰等,俱拟斩监候。”

      吕留良案内:“被惑门徒房明畴、金子尚,应革去生员,杖一百,佥妻流三千里。陈祖陶、沈允怀、沈成之、董吕音、李天维、费定原、王立夫、施子由、沈斗山、沈惠候、沈林友应革去教谕、举人、监生、生员、杖一百,徒三年。朱霞山、朱芷年从学严鸿逵,时年尚小,张圣范、朱羽采令伊等幼子从沈在宽附学训蒙,审无与沈在宽交好之处,应无庸议。”

      在清代康熙、雍正年间,文人稍有不慎,就有遭文字之祸,其例很多。车鼎丰、车鼎贲平时有较强反清复明思想,他的兄车鼎晋,因奉诏校《全唐诗》,其弟鼎丰有句云:“清风不识字,何事乱翻书。”意谓清朝统治者不识文字,何能做皇帝理国政。有一日,车鼎丰与弟鼎贲喝酒,酒盅为明瓷,盅底有“成化年造”字样。鼎丰翻其杯表示酒已干了,说:“大明天子今重见”,鼎贲把壶放在一旁说:“且把壶儿搁半边”。取壶、胡同音之意思,以表示对异族统治者不满。后二人都被吕留良文字狱案所诛连被处斩刑。哥哥车鼎晋终日惊惧万分,忧悲成疾而死去。据《东华录》雍正十年十二月十七日记载,此案最后的处置结果是:“严鸿逵著戮尸枭示,其孙著发宁古塔给披甲人为奴。沈在宽著改斩立诀。黄补庵已伏冥诛,其嫡属照议治罪。车鼎丰、车鼎贲、孙克用、周敬舆俱依拟应斩,著斩监候,秋后处决。房明畴、金子尚,俱著佥妻流三千。陈祖陶等十一人,著以杖责完结。张圣范、朱羽采、朱霞山、朱芷年,著释放。”

      雍正驾崩后,皇子弘历即位,是为乾隆帝。乾隆当上皇帝仅四十三天,即雍正十三年十二月八日,就违背乃父“朕之子孙,将来亦不得以其诋毁朕躬,而追究诛戮”的遗命。降旨道:“曾静大逆不道,虽处之极典,不足蔽其辜。”

      乾隆强调按照处置吕留良案的先例处置曾静案,下令:“著湖广督抚将曾静、张熙即行锁拿,遴选干员解京候审,毋得疏纵曳漏。其嫡属交地方严行看守候旨。”

      同年十二月十九日,乾隆帝又下令将“曾静、张熙著照法司所拟,凌迟处死。”

      接着将雍正《大义觉迷录》宣布为禁书,停止刊刻,停止颁发,私藏者治罪,在全国范围内统统收缴销毁。《大义觉迷录》是雍正朝御制国书,刊行全国使其家喻户晓,欲以使人人“觉迷”。转眼之间,乾隆继位宣布为特号禁书,凡有私藏者,即有杀头灭身之罪,惟恐有一人“觉迷”。从此《大义觉迷录》成为绝世罕见的一部皇帝撰写的御制国书,湮没二百多年不见天日,这一切更增加了它的神秘色彩。乾隆之所以与雍正处置曾静谋反案大相径庭,有他周密的考虑。他在青年时代目睹了这场文字案的前前后后,他清楚认识到:父王对曾静谋反案和吕留良文字狱案的公开审讯和批判,实际是把父王自己推上审判台;雍正的“华夷之别”的新释、十大罪状的自我辩解、皇宫中的秘闻丑事泄露、皇子间尔虞我诈、文武大臣间明枪暗箭等等,统统详细地记录于《大义觉迷录》一书中,损害了万乘之尊皇帝的光辉形象,暴露了国祚和宫廷的绝密,起到反宣传作用,根本达不到使臣民“觉迷”的目的,只能更增强人们的反清排满情绪。因此必须彻底剪除禁锢异端思想的蔓延,肃清其流毒。同时留着这两个弥天重犯”当“反面教员”,更难以起到“感化”教育的作用。证明他父皇失德确有其事。乾隆深思熟虑,甘愿冒着违犯父王遗命的罪名,诛杀了曾静、张熙,以绝后患。乾隆此举,实际上是秦始皇“焚书坑儒”的翻版,比其乃父的深谋远虑“出奇料理”低劣多了。清朝文字狱是我国历史上数量最多的朝代。康熙、雍正、乾隆三代皇帝制造的文字狱,有案可查的就有一百七十多起。

      一、满清入主中原君临天下,是否符合正统之道?岂可再以华夷中外而分论? 

      上谕:自古帝王之有天下,莫不由怀保万民,恩如四海,膺上天之眷命,协亿兆之欢心,用能统一寰区,垂庥奕世。盖生民之道,惟有德者可为天下君。此天下一家,万物一体,自古迄今,万世不易之常经。非寻常之类聚群分,乡曲疆域之私衷浅见所可妄为同异者也。《书》曰:“皇天无亲,惟德是辅。”

      盖德足以君天下,则天锡佑之,以为天下君,未闻不以德为感孚,而第择其为何地之人而辅之之理。又曰:“抚我则后,虐我则仇。”

      此民心向背之至情,未闻亿兆之归心,有不论德而但择地之理。又曰:“顺天者昌,逆天者亡。”

      惟有德者乃能顺天,天之所与,又岂因何地之人而有所区别乎?我国家肇基东土,列圣相承,保万邦,天心笃佑,德教弘敷,恩施遐畅,登生民于衽席,遍中外而尊亲者,百年于兹矣。

      夫我朝既仰承天命,为中外臣民之主,则所以蒙抚绥爱育者,何得以华夷而有更殊视?而中外臣民,既共奉我朝以为君,则所以归诚效顺,尽臣民之道者,尤不得以华夷而有异心。此揆之天道,验之人理,海隅日出之乡,普天率土之众,莫不知大一统之在我朝。

      悉子悉臣,罔敢越志者也。乃逆贼吕留良,凶顽悖恶,好乱乐祸,拢彝伦,私为著述,妄谓“德以后,天地大变,亘古未经,于今复见”。而逆徒严鸿逵等,转相附和,备极猖狂,余波及于曾静,幻怪相煽,恣为毁谤,至谓“八十余年以来,天昏地暗,日月无光”。在逆贼等之意,徒谓本朝以满洲之君,入为中国之主,妄生此疆彼界之私,遂故为讪谤诋讥之说耳。不知本朝之为满洲,犹中国之有籍贯。舜为东夷之人,文王为西夷之人,曾何损于圣德乎?《诗》言“戎狄是膺,荆舒是惩”者,以其僭王猾夏,不知君臣之大义,故声其罪而惩艾之,非以其为戎狄而外之也。若以戎狄而言,则孔子周游,不当至楚应昭王之聘。而秦穆之霸西戎,孔子删定之时,不应以其誓列于周书之后矣。

      盖从来华夷之说,乃在晋宋六朝偏安之时,彼此地丑德齐,莫能相尚,是以北人诋南为岛夷,南人指北为索虏,在当日之人,不务修德行仁,而徒事口舌相讥,已为至卑至陋之见。今逆贼等于天下一统,华夷一家之时,而妄判中外,谬生忿戾,岂非逆天悖理,无父无君,蜂蚁不若之异类乎?且以天地之气数言之,明代自嘉靖以后,君臣失德,盗贼四起,生民涂炭,疆圉靡宁,其时之天地,可不谓之闭塞乎?本朝定鼎以来,扫除群寇,寰宇安,政教兴修,文明日盛,万民乐业,中外恬熙,黄童白叟,一生不见兵革,今日之天地清宁,万姓沾恩,超越明代者,三尺之童亦皆洞晓,而尚可谓之昏暗乎?

      夫天地以仁爱为心,以覆载无私为量。是为德在内近者,则大统集于内近,德在外远者,则大统集于外远。孔子曰:“故大德者必受命。”

      自有帝王以来,其揆一也。今逆贼等以冥顽狂肆之胸,不论天心之取舍,政治之得失,不论民物之安危,疆域之大小,徒以琐琐乡曲为阿私,区区地界为忿嫉,公然指斥,以遂其昧弃彝伦,灭废人纪之逆意。至于极尽狂吠之音,竟敢指天地为昏暗,岂皇皇上天,鉴观有赫,转不如逆贼等之智识乎?且逆贼吕留良等,以夷狄比于禽兽,未知上天厌弃内地无有德者,方眷命我外夷为内地主,若据逆贼等论,是中国之人皆禽兽之不若矣。又何暇内中国而外夷狄也?自詈乎?詈人乎?

      且自古中国一统之世,幅员不能广远,其中有不向化者,则斥之为夷狄。如三代以上之有苗、荆楚、狁,即今湖南、湖北、山西之地也。在今日而目为夷狄可乎?至于汉、唐、宋全盛之时,北狄、西戎世为边患,从未能臣服而有其地。是以有此疆彼界之分。自我朝入主中土,君临天下,并蒙古极边诸部落,俱归版图,是中国之疆土开拓广远,乃中国臣民之大幸,何得尚有华夷中外之分论哉!从来为君上之道,当视民如赤子,为臣下之道,当奉君如父母。如为子之人,其父母即待以不慈,尚不可以疾怨忤逆,况我朝之为君,实尽父母斯民之道,殚诚求保赤之心。而逆贼尚忍肆为讪谤,则为君者,不知何道而后可也。

      从前康熙年间,各处奸徒窃发,动辄以朱三太子为名,如一念和尚、朱一贵者,指不胜屈。近日尚有山东人张玉,假称朱姓,托于明之后裔,遇星士推算,有帝王之命,以此希冀鼓惑愚民,现被步军统领衙门拿获究问。从来异姓先后继统,前朝之宗姓臣服于后代者甚多。否则,隐匿姓名伏处草野,从未有如本朝奸民假称朱姓,摇惑人心若此之众者。似此蔓延不息,则中国人君之子孙,遇继统之君,必至于无噍类而后已,岂非奸民迫之使然乎?

      况明继元而有天下,明太祖即元之子民也。以纲常伦纪言之,岂能逃篡窃之罪?至于我朝之于明,则邻国耳。且明之天下丧于流贼之手,是时边患肆起,倭寇骚动,流贼之有名目者,不可胜数。而各村邑无赖之徒,乘机劫杀,其不法之将弁兵丁等,又借征剿之名,肆行扰害,杀戮良民请功,以充获贼之数。中国民人死亡过半,即如四川之人,竟致靡有孓遗之叹。其偶有存者,则肢体不全,耳鼻残缺,此天下人所共知。康熙四五十年间,犹有目睹当时情形之父老,垂涕泣而道之者。且莫不庆幸我朝统一万方,削平群寇,出薄海内外之人于汤火之中,而登之衽席之上。是我朝之有造于中国者大矣,至矣!至于厚待明代之典礼,史不胜书。其藩王之后,实系明之子孙,则格外加恩,封以侯爵,此亦前代未有之旷典。而胸怀叛逆之奸民,动则假称朱姓,以为构逆之媒。而吕留良辈又借明代为言,肆其分别华夷之邪说,冀遂其叛逆之志。此不但为本朝之贼寇,实明代之仇雠也。

      且如中国之人,轻待外国之入承大统者,其害不过妄意诋讥,蛊惑一二匪类而已。原无损于是非之公,伦常之大。倘若外国之君入承大统,不以中国之人为赤子,则中国之人,其何所托命乎?况抚之则后,虐之则仇,人情也,若抚之而仍不以为后,殆非顺天合理之人情也。假使为君者,以非人情之事加之于下,为下者其能堪乎?为君者尚不可以非人情之事加之人于下,岂为下者转可以此施之于上乎?孔子曰:“君子居是邦也,不非其大夫。”

      况其君乎!又曰:“夷狄之有君,不如诸夏之亡也。”

      夫以春秋时百里之国,其大夫犹不可非。我朝奉天承运,大一统太平盛世,而君上尚可谤议乎?且圣人之在诸夏,犹谓夷狄为有君,况为我朝之人,亲被教泽,食德服畴,而可为无父无君之论乎?韩愈有言:“中国而夷狄也,则夷狄之;夷狄而中国也,则中国之。”

      历代从来,如有元之混一区宇,有国百年,幅员极广,其政治规模颇多美德,而后世称述者寥寥。其时之名臣学士,著作颂扬,纪当时之休美者,载在史册,亦复灿然具备,而后人则故为贬词,概谓无人物之可纪,无事功之足录,此特怀挟私心识见卑鄙之人,不欲归美于外来之君,欲贬抑淹没之耳。

      不知文章著述之事,所以信今传后,著劝戒于简编,当平心执正而论,于外国入承大统之君,其善恶尤当秉公书录,细大不遗。庶俾中国之君见之,以为外国之主且明哲仁爱如此,自必生奋励之心,而外国之君见是非之不爽,信直道之常存,亦必愈勇于为善,而深戒为恶,此文艺之功,有补于治道者,当何如也。倘故为贬抑淹没,略其善而不传,诬其恶而妄载,将使中国之君以为既生中国,自享令名,不必修德行仁,以臻隆之治。而外国入承大统之君,以为纵能夙夜励精,勤求治理,究无望于载籍之褒扬,而为善之心,因而自怠。则内地苍生,其苦无有底止矣。其为人心世道之害,可胜言哉!况若逆贼吕留良等,不惟于我朝之善政善教,大经大法,概为置而不言,而更空妄撰,凭虚横议,以无影无响之谈,为惑世诬民之具。颠倒是非,紊乱黑白,以有为无,以无为有。此其诞幻张,诳人听闻,诚乃千古之罪人,所谓悯不畏死,凡民罔不憝,不待教而诛者也,非只获罪于我国家而已。此等险邪之人,胸怀思乱之心,妄冀侥幸于万一。曾未通观古今大势,凡首先倡乱之人,无不身膏斧,遗臭万年。夫以天下国家之巩固,岂鸟合鼠窃之辈所能轻言动摇?即当世运式微之时,其首乱之人,历观史册,从无有一人能成大事者。如秦末之陈涉、项梁、张耳、陈余等,以至元末之刘福通、韩林儿、陈友谅、张士诚等,虽一时跳梁,究竟旋为灰烬。而唐宋中叶之时,其草窃之辈,接踵叠迹,亦同归于尽。总之,此等奸民,不知君臣之大义,不识天命之眷怀,徒自取诛戮,为万古之罪人而已。

      夫人之所以为人,而异于禽兽者,以有此伦常之理也。故五伦谓之人伦,是缺一则不可谓之人矣。君臣居五伦之首,天下有无君之人,而尚可谓之人乎?人而怀无君之心,而尚不谓之禽兽乎?尽人伦则谓人,灭天理则谓禽兽,非可因华夷而区别人禽也。且天命之以为君,而乃怀逆天之意,焉有不遭天之诛殛者乎?朕思秉彝好德,人心所同,天下亿万臣民,共具天良,自切尊君亲上之念,无庸再为剖示宣谕。但险邪昏乱之小人,如吕留良等,胸怀悖逆者,普天之下不可言止此数贼也。用颁此旨特加训谕,若平日稍有存此心者,当问天扪心,各发天良,详细自思之。朕之详悉剖示者,非好辩也。古昔人心淳朴,是以尧舜之时,都俞吁,其词甚简。逮至殷周之世,人心渐不如前,故《殷盘》、《周诰》所以告诫臣民者,往复周详肫诚剀切,始能去其蔽固,觉其遇蒙,此古今时势之不得不然者。每见阴险小人,为大义所折,理屈词穷,则借圣人之言,以巧为诋毁,曰:“是故恶夫佞者。”

      不知孔子之以子路为佞,因子路“何必读书,然后为学”之语而发。盖以无理之论,而欲强胜于人,则谓之佞,所谓御人以口给也。若遇吕留良、严鸿逵、曾静等逆天背理,惑世诬民之贼,而晓以天经地义,纲常伦纪之大道,使愚昧无知,平日为邪说陷溺之人,豁然醒悟,不致遭天谴而罹国法,此乃为世道人心计,岂可以谓之佞乎?天下后世自有公论。著将吕留良、严鸿逵、曾静等悖逆之言,及朕谕旨,一一刊刻,通行颁布天下各府、州、县、远乡僻壤,俾读书士子及乡曲小民共知之,并令各贮一册于学宫之中,使将来后学新进之士,人人观览知悉。倘有未见此书,未闻朕旨者,经朕随时察出,定将该省学政及该县教官从重治罪。特谕。

      二、朕到底是不是谋父、逼母、弑兄、屠弟、贪财、好杀、酗酒、淫色、诛忠、好谀、奸佞的皇帝?  

      上谕:朕荷上天眷佑,受圣祖仁皇帝付托之重,君临天下。自御极以来,夙夜孜孜,勤求治理,虽不敢比于古之圣君哲后,然爱养百姓之心,无一时不切于寤寐,无一事不竭其周详。抚育诚求,如保赤子,不惜劳一身以安天下之民,不惜殚一心以慰黎庶之愿,各期登之衽席,而无一夫不得其所。宵旰忧勤,不遑寝食,意谓天下之人,庶几知朕之心,念朕之劳,谅朕之苦,各安生业,共敦实行,人心渐底于善良,风俗胥归于醇厚,朕虽至劳至苦,而此心可大慰矣。岂意有逆贼曾静,遣其徒张熙投书于总督岳钟琪,劝其谋反,将朕躬肆为诬谤之词,而于我朝极尽悖逆之语。廷臣见者,皆疾首痛心,有不共戴天之恨,似此影响全无之事,朕梦寐中亦无此幻境,实如犬吠狼嗥,何足与辩?既而思之,逆贼所言,朕若有几微愧歉于中,则当回护隐忍,暗中寝息其事,今以全无影无声之谈,加之于朕,朕之心可以对上天,可以对皇考,可以共白于天下之亿万臣民。而逆贼之敢于肆行诬谤者,必更有大奸大恶之徒,捏造流言,摇众心而惑众听,若不就其所言,明目张胆宣示播告,则魑魅魍魉,不公然狂肆于光天化日之下乎?如逆书加朕以谋父之名,朕幼蒙皇考慈爱教育,四十余年以来,朕养志承欢,至诚至敬,屡蒙皇考恩谕。诸昆弟中,独谓朕诚孝,此朕之兄弟及大小臣工所共知者。朕在藩邸时,仰托皇考福庇,安富尊荣,循理守分,不交结一人,不与闻一事,于问安视膳之外,一无沽名妄冀之心。此亦朕之兄弟及大小臣工所共知者。 

      朕在身为亲王的时候,上托皇父的荫庇,安享荣华福贵,安分守礼,不随便交接一个私人,不干预一件国家政事,除了依礼制进见皇父问安问饮食以外,丝毫没有沽名钓誉和别的企图,这也是朕的兄弟和一切大臣、侍从们所共知的事实。至康熙六十一年十一月冬至之前,朕奉皇考之命,代祀南郊,时皇考圣躬不予,静摄于畅春园,朕请侍奉左右,皇考以南郊大典,应于斋所虔诚斋戒,朕遵旨于斋所至斋。至十三日,皇考召朕于斋所,朕末至畅春园之先,皇考命诚亲王允祉、淳亲王允、阿其那、塞思黑、允、公允、怡亲王允祥、原任理藩院尚书隆科多至御榻前,谕曰:“皇四子人品贵重,深肖朕躬,必能克承大统。”

      著继朕即皇帝位。是时唯恒亲王允祺以冬至命往孝东陵行礼,未在京师,庄亲王允禄、果亲王允礼、贝勒允、贝子允,俱在寝宫外祗候。及朕驰至,问安皇考,告以症候日增之故,朕含泪劝慰。其夜戌时龙驭上宾,朕哀恸号呼,实不欲生。隆科多乃述皇考遗诏,朕闻之惊恸,皆仆于地。诚亲王等向朕叩首,劝朕节哀。朕始强起办理大事。此当日之情形,朕之诸兄弟及宫人内侍与内廷行走之大小臣工,所共知共见者。夫以朕兄弟之中,如阿其那、塞思黑等,久蓄邪谋,希冀储位,当兹授受之际,伊等若非亲承皇考付朕鸿基之遗诏,安肯帖无一语,俯首臣伏于朕之前乎?而逆贼忽加朕以谋父之名,此朕梦寐中不意有人诬谤及此者也。又如逆书加朕以逼母之名,伏惟母后圣性仁厚慈祥,阖宫中若老若幼,皆深知者。朕受鞠育深恩,四十年来,备尽孝养,深得母后之慈欢,谓朕实能诚心孝奉。而宫中诸母妃咸美母后,有此孝顺之子,皆为母后称庆,此现在宫内人所共知者。及皇考升遐之日,母后哀痛深至,决意从殉,不饮不食。朕稽颡痛哭,奏云:“皇考以大事遗付冲人,今圣母若执意如此,臣更何所瞻依,将何以对天下臣民,亦惟以身相从耳。”

      再四哀恳,母后始勉进水浆。自是以后,每夜五鼓,必亲诣昭仁殿,详问内监,得知母后安寝,朕始回苫次。

      朕御极后,凡办理朝政,每日必行奏闻,母后谕以不欲与闻政事。朕奏云:“臣于政务素未谙练,今之所以奏闻者,若办理未合,可以仰邀训诲,若办理果当,可仰慰慈怀,并非于予政事也。”

      后朕每奏事,母后辄喜,以皇考付托得人,有不枉生汝,勉之莫怠之慈旨。母后素有痰疾,又因皇考大事,悲恸不释于怀,于癸卯五月,旧恙举发。朕侍奉汤药,冀望痊愈。不意遂至大渐。朕向来有畏暑之疾,哀痛擗踊,屡次昏晕,数月之内,两遭大事,五内摧伤,几不能支,此宫廷所共知者。朕于皇考、母后大事,素服斋居,三十三月如一日,除祭祀大典,及办理政事外,所居之地,不过屋宇五楹,不听音乐,不事游览,实尽三年谅阴之礼,此亦内外臣工所共知者。至于朕于现在宫中诸母妃之前,无不尽礼敬养,今诸母妃亦甚感朕之相待,岂有母后生我,而朕孺慕之心,有一刻之稍懈乎?况朕以天下孝养,岂尚缺于甘旨而于慈亲之前,有所吝惜乎?逆贼加朕以逼母之名,此更朕梦寐中不意有人诬谤及此者也。又如逆书加朕以弑兄之名。当日大阿哥残暴横肆,暗行镇魇,冀夺储位,二阿哥昏乱失德。皇考为宗庙社稷计,将二人禁锢。此时曾有朱笔谕旨:“朕若不讳;二人断不可留。”此广集诸王大臣特降之谕旨,现存宗人府。

      朕即位时,念手足之情,心实不忍,只因诸弟中如阿其那等,心怀叵测,固结党援,往往借端生事,煽惑人心,朕意欲将此辈徐徐化导,消除妄念,安静守法,则将来二阿哥亦可释其禁锢,厚加禄赐,为朕世外兄弟,此朕素志也。所以数年以来,时时遣人赉予服食之类,皆不令称御赐,不欲其行君臣之礼也。二阿哥常问云:“此出自皇上所赐乎?我当谢恩领受。”

      而内侍遵朕旨,总不言其所自。及雍正二年冬间,二阿哥抱病,朕命护守咸安宫之大臣等,于太医院拣择良医数人,听二阿哥自行选用。二阿哥素知医理,自与医家商订方药。迨至病势渐重,朕遣大臣往视,二阿哥感朕深恩,涕泣称谢云:“我本有罪之人,得终其天年,皆皇上保全之恩也。”

      又谓其子弘皙云:“我受皇上深恩,今生不能仰报,汝当竭心尽力,以继我未尽之志。”及二阿哥病益危笃,朕令备仪卫移于五龙亭。伊见黄舆,感激朕恩,以手加额,口诵佛号。以上情事,咸安宫宫人、内监百余人,皆所目睹者。及病故之后,追封亲王,一切礼仪有加,且亲往哭奠,以展悲恸。其丧葬之费,动支库帑,悉从丰厚,命大臣等尽心办理,封其二子以王公之爵,优加赐赉。今逆贼加朕以弑兄之名,此朕梦寐中不意有人诬谤及此者也。又如逆贼加朕以屠弟之名,当日阿其那以二阿哥获罪废黜,妄希非分,包藏祸心,与塞思黑、允、允结为死党,而阿其那之阴险诡谲,实为罪魁,塞思黑之狡诈奸顽,亦与相等。允狂悖糊涂,允卑污庸恶,皆受其笼络,遂至胶固而不解,于是结交匪类,蛊惑人心,而行险侥幸之辈,皆乐为之用,私相推戴,竟忘君臣之大义。以致皇考忧愤震怒,圣躬时为不豫,其切责阿其那也则有“父子之情已绝”

      之旨。其他忿激之语,皆为臣子者所不忍听闻。朕以君父高年,忧怀郁结,百计为伊等调停解释,以宽慰圣心,其事不可枚举。及皇考升遐之日,朕在哀痛之时,塞思黑突至朕前,箕踞对坐,傲慢无礼,其意大不可测,若非朕镇定隐忍,必至激成事端。朕即位以后,将伊等罪恶,俱行宽宥,时时教训,望其改悔前愆,又加特恩,将阿其那封为亲王,令其辅政,深加任用。盖伊等平日原以阿其那为趋向,若阿其那果有感悔之心,则群小自然解散。岂料阿其那逆意坚定,以未遂平日之大愿,恚恨益深,且自知从前所为,及获罪于皇考之处万无可赦之理,因而以毒忍之心肆其桀骜之行,扰乱国政,颠倒纪纲,甚至在大庭广众之前诅朕躬,及于宗社。此廷臣所共见,人人无不发指者。

      从前朕遣塞思黑往西大同者,原欲离散其党,不令聚于一处,或可望其改过自新。岂知伊怙恶不悛,悖乱如故,在外寄书允,公然有“机会已失,悔之无及”等语。又与伊子巧编格式,别造字样,传递京中信息,缝于骡夫衣袜之内,诡计阴谋,甚于敌国奸细。有奸民令狐士仪,投书伊处,皆反叛之语,而伊为之隐藏。其他不法之处甚多,不可胜数。允赋性狂愚,与阿其那尤相亲密,听其指使。昔年因阿其那谋夺东宫之案,皇考欲治阿其那之罪,允与塞思黑在皇考前袒护强辩,致触圣怒,欲手刃允。此时恒亲王允祺抱劝而止。皇考高年,知伊愚逆之性,留京必致妄乱启衅,后因西陲用兵,特遣前往效力,以疏远之。

      伊在军前,贪婪淫纵,恶迹种种。及朕即位,降旨将伊唤回,伊在朕前放肆傲慢,犯礼犯分,朕悉皆曲宥,仍令奉祀景陵。竟有奸民蔡怀玺,投书伊之院中,造作大逆之言,称允为皇帝,而称塞思黑之母为太后。允见书,将大逆之语剪裁藏匿,向该管总兵云:“此非大事,可酌量完结。”即此,则其悖乱之心,何尝改悔耶!允无知无耻,昏庸贪劣,因其依附邪党,不便留在京师,故令送泽卜尊丹巴胡土克图出口。伊至张家口外,托病不行,而私自禳祷,连书雍正新君于告文,怨望慢亵,经绪王大臣等以大不敬题参。朕俱曲加宽宥,但思若听其闲散在外,必不安静奉法,是以将伊禁锢以保全之,伊在禁锢之所竟敢为镇魇之事,经伊跟随太监举出,及加审讯,鉴鉴可据。允亦俯首自认,不能更辩一词。从前诸王大臣胪列阿其那大罪四十款,塞思黑大罪二十八款,允大罪十四款,又特参允镇魇之罪,恳请将伊等立正典刑,以彰国宪。朕再四踌躇,实不忍,暂将阿其那拘禁,降旨询问外省封疆大臣,待其回奏,然后定夺。仍令太监数人供其使。令一切饮食所需,听其索取。不意此际阿其那遂伏冥诛,塞思黑从西宁移至保定,交与直隶总督李绂看守,亦伏冥诛。夫以皇考至圣至慈之君父,而切齿痛心于阿其那、塞思黑等,则伊等不忠不孝之罪,尚安有得逃于天谴者乎?

      朕在藩邸,光明正大,公直无私,诸兄弟之才现实不及朕,其待朕悉恭敬尽礼,并无一语之争竟,亦无一事之猜嫌,满洲臣工及诸王门下之人,莫不知者。今登大位,实无丝毫芥蒂于胸中,而为报怨泄愤之举,但朕缵承列祖皇考基业,负荷甚重,其有关于宗庙社稷之大计,而为人心世道之深忧者,朕若稍避一己之嫌疑,存小不忍之见,则是朕之获罪于列祖皇考者大矣。古人大义灭亲,周公所以诛管蔡也,假使二人不死,将来未必不明正典刑。但二人之死,实系冥诛,众所共知共见。朕尚未加以诛戮也。至于朕秉公执法,锄恶除奸,原不以诛戮二人为讳,若朕心以此为讳,则数年之中,或暗赐鸩毒,或遣人伤害,随时随地皆可陨其性命,何必咨询内外诸臣,众意佥同而朕心仍复迟回不决,俾伊等得保首领以殁乎?至允、允将来作何归结,则视乎本人之自取,朕亦不能予定。而目前则二人现在也。朕之兄弟多人,当阿其那等结党之时,于秉性聪明,稍有胆识者,则百计笼络,使之入其匪党,而于愚懦无能者,则恐吓引诱,使之依附声势,是以诸兄弟多迷而不悟,堕其术中。即朕即位以后,而怀藏异心者,尚不乏人,朕皆置而不问。朕之素志,本欲化导诸顽,同归于善,俾朝廷之上,共守君臣之义,而宫廷之内,得朕兄弟之情,则朕全无缺陷,岂非至愿。无如伊等恶贯满盈,获罪于上天、皇考,以致自速冥诛,不能遂朕之初念。此朕之大不幸,天下臣庶,当共谅朕为国为民之苦心,今逆贼乃加朕以屠弟之名,朕不辩亦不受也。

      至逆书谓朕为贪财,朕承皇考六十余年太平基业,富有四海,府库充盈,是以屡年来大沛恩泽,使薄海黎庶,莫不均沾。如各省旧欠钱粮,则蠲免几及千万两,江南、江西、浙江之浮粮,则每年减免额赋六十余万两。地方旱涝偶闻,即速降谕旨,动帑遣官,多方赈恤,及灾伤勘报之后,或按分数蠲除,或格外全行豁免。今年又降谕旨,被灾蠲免分数,加至六分七分。至于南北黄运河工堤工,兴修水利,开种稻田,以及各省建造工程,备办军需,恩赐赏赉,所费数百万两,皆内动支帑项,丝毫不使扰民。

      夫以额徵赋税,内库帑金减免支给如此之多,毫无吝惜,而谓朕为贪财,有是理乎?只因从前贪官污吏,蠹国殃民,即置重典,亦不足以蔽其辜。但不教而杀,朕心有所不忍,故曲宥其死,已属浩荡之恩,若又听其以贪婪横取之资财肥身家,以长子孙,则国法何存,人心何以示儆?况犯法之人,原有籍没家产之例,是以将奇贪极酷之员,照例抄没,以彰宪典,而惩贪污,并使后来居官者,知赋私之物,不能入已,无益有害,不敢复蹈故辙,勉为廉吏,此朕安百姓,整饬吏治之心。今乃被贪财之谤,岂朕不吝惜于数千百万之帑金,而转贪此些微之赃物乎?

      至于属员,虚空钱粮,有责令上司分赔者,盖以上司之于属吏有通同侵蚀之弊,有瞻徇容隐之风,若不重其责成,则上司不肯尽察吏之道,而侵盗之恶习无由而止。是以设此惩创之法,以儆惕之。俟将来上官皆能察吏,下寮群知奉公,朕自有措施之道。若因此而谤为贪财,此井蛙之见,焉知政治之大乎?至逆书谓朕好杀,朕性本最慈,不但不肯妄罚一人,即步履之间,草木蝼蚁,亦不肯践踏伤损。

      即位以来,时刻以祥刑为念,各省爰书及法司成谳,朕往复披览,至再至三,每遇重犯,若得其一线可生之路,则心为愉快,倘稍有可疑之处,必与大臣等推详讲论,期于平允。六年以来,秋审四经停决,而廷议缓决之中,朕复降旨,察其情罪稍轻者,令行矜释,其正法及勾决之犯,皆大逆大恶之人,万万法无可贷者。夫天地之道,春生秋杀。尧舜之政,弼教明刑。朕治天下,原不肯以妇人之仁,弛三尺之法。但罪疑惟轻,朕心慎之又慎,惟恐一时疏忽,致有丝毫屈枉之情,不但重辟为然,即笞杖之刑,亦不肯加于无罪者,每日诚饬法司,及各省官吏等,以钦恤平允为先务。今逆贼谓朕好杀,何其与朕之存心行政相悖之甚乎?

      又逆书谓朕为酗酒,夫酒醴之设,圣贤不废。古称尧千钟,舜百,《论语》称孔子惟酒无量,是饮酒原无损于圣德,不必讳言。但朕之不饮,出自天性,并非强致。而然前年提督路振扬来京陛见。一日忽奏云:“臣在京许久,每日进见,仰瞻天颜,全不似饮酒者,何以臣在外任,有传闻皇上饮酒之说。”

      朕因路振扬之奏,始知外闻有此浮言,为之一笑。今逆贼酗酒之谤,即此类也。又逆书谓朕为淫色。朕在藩邸,即清心寡欲,自幼性情不好色欲。即位以后,宫人甚少。朕常自谓天下人不好色,未有如朕者。远色二字,朕实可以自信,而诸王大臣近侍等,亦共知之。今乃谤为好色,不知所好者何色?所宠者何人?在逆贼既造流言,岂无耳目,而乃信口讥评耶!

      又逆书谓朕为怀疑诛忠。朕之待人,无一事不开诚布公,无一处不推心置腹,胸中有所欲言,必尽吐而后快,从无逆诈,亿不信之事。其待大臣也,实视为心膂股肱,联络一体,日日以至诚训诲臣工。今诸臣亦咸喻朕心有感孚之意。至于年羹尧、鄂伦岱、阿尔松阿则朕之所诛戮者也。年羹尧受皇考及朕深恩,忍于背负,胸怀不轨,几欲叛逆。其贪酷狂肆之罪,经大臣等参奏九十二条,揆以国法,应置极刑。而朕犹念其西藏、青海之功,从宽令其自尽;其父兄俱未处分,其子之发遣远方者,今已开恩赦回矣。

      鄂伦岱、阿灵阿实奸党之渠魁。伊等之意,竟将东宫废立之权,俨若可以操之于己。当阿其那恶迹败露之时,皇考审询伊之太监,比将鄂伦岱、阿灵阿同恶共济之处,一一供出,荷蒙皇考宽宥之恩,不加诛灭。而伊等并不感戴悔过,毫无畏惧,愈加亲密,鄂伦岱仍敢强横踞傲,故意触犯皇考之怒。当圣躬高年颐养之时,为此忿懑恚恨,臣工莫不切齿。阿灵阿罪大恶极,早伏冥诛。伊子阿尔松阿,仿效伊父之行,更为狡狯。朕犹念其为勋戚之后,冀其洗心涤虑,以盖前愆,特加任用,并令管理刑部事务。而伊逆心未改,故智复萌,颠倒是非,紊乱法律。一日审理刑名,将两造之人,用三木各夹一足,闻者皆为骇异。

      又与鄂伦岱同在乾清门,将朕所降谕旨掷之于地,其他狂悖妄乱之处,不可殚述。朕犹不忍加诛,特命发往奉天居住,使之解散其党羽,尚可曲为保全,岂料二人到彼全无悔悟之念,但怀怨望之心,而在京之邪党,仍然固结,牢不可破。朕再四思维,此等巨恶,在天理国典,断不可赦,于是始将二人正法。至于苏努则老奸大蠹,罪恶滔天,实逆党之首恶。隆科多则罔上欺君,款迹昭著。二人皆伏冥诛,未膺显戮。

      逆书之所谓怀疑诛忠者,朕细思朕于年羹尧、鄂伦岱、阿尔松阿三人之外,并未诛戮忠良之大臣。想逆贼即以年羹尧、鄂伦岱、阿尔松阿、苏努、隆科多等为忠良乎?天下自有公论也。又逆书谓朕为好谀任佞。朕在藩邸四十余年,于人情物理,熟悉周知,谗谄面谀之习,早已洞察其情伪,而厌薄其卑污。不若冲幼之主,未经阅历者也。是以即位以来,一切称功颂德之文,屏弃不用,不过臣工表文,官员履历,沿习旧日体式,作颂圣之句,凑合成章,朕一览即过,不复留意。日日训谕大小臣工,直言朕躬之阙失,详陈政事之乖差,以忠谠为先,以迎合为戒。是以内外诸臣,皆不敢以浮夸颂祷之词见诸言奏,恐为朕心之所轻。今逆贼之所谓好谀任佞者,能举一人一事以实之否耶?

      以上诸条,实全无影响,梦想不及之事,而逆贼灭绝彝良,肆行诋毁者,必有与国家为深仇积恨之人捏造此言惑乱众听。如阿其那、塞思黑等之奸党,被朕惩创拘禁,不能肆志,怀恨于心,或贪官污吏,匪类棍徒,怨朕执法无私,故造作大逆之词,泄其私愤。且阿其那、塞思黑当日之结党肆恶,谋夺储位,也于皇考则时怀忤逆背叛之心。于二阿哥则极尽摇乱倾陷之术,因而嫉妒同气,排挤贤良,入其党者,则引为腹心。远其党者,则视为仇敌。又如阿其那,自盗廉洁之名,而令塞思黑、允、允贪赋犯法,横取不义之财,以供其市思沽誉之用。

      且允出兵在外,盗取军需银数十万两,屡次遣人私送与阿其那,听其挥霍。前允之子供出,阿其那亦自认不讳者。又如阿其那残忍性成,逐日沉醉。当朕切加训诫之时,尚不知改。伊之护军九十六,以直言触怒,立毙杖下,长史胡什吞,亦以直言得罪,痛加楚,推入水中,几至殒命。允亦素性嗜酒,时与阿其那沉湎轻生。允又复渔色宣淫,不知检束,以领兵之重任,尚取青海台吉之女,及蒙古女子多人,恣其淫荡,军前之人谁不知之?

      今逆书之毁谤,皆朕时常训诲伊等之事,伊等即负疚于心,而又衔怨于朕,故即指此以为讪谤之端,此鬼蜮之伎俩也。且伊等之奴隶太监,平日相助为虐者,多发遣黔粤烟瘴地方,故于经过之处,布散流言。而逆贼曾静等,又素怀不臣之心,一经传闻,遂借以为蛊惑人心之具耳。向因储位未定,奸宄共生觊觎之情,是以皇考升遐之后,远方之人皆以为将生乱阶,暗行窥伺。及朕缵承大统,继志述事,数年以来幸无失政。天人协应,上下交孚,而凶恶不轨之徒,不能乘间伺觉,有所举动,逆志迫切,自知无得逞之期,遂铤而走险,甘蹈赤族之罪,欲拼命为疑人耳目之举耳。殊不知实于朕无损也。又逆书云“明君失德,中原陆沉,夷狄乘虚入我中国,窃据神器”等语。

      我朝发祥之始,天生圣人起于长白山,积德累功,至于太祖高皇帝,天锡神武,谋略盖世,法令制度,规模弘远。是以统一诸国,遐迩归诚,开创帝业。迨太宗文皇帝,继位践祚,德望益隆,奄有三韩之地,抚绥蒙古,为诸国之共主。是本朝之于明,论报复之义,则为敌国,论交往之礼,则为与国。本朝应得天下,较之成汤之放桀,周武之伐纣,更为名正而言顺,况本朝并非取天下于明也。崇祯殉国,明祚已终,李自成僭伪号于北京,中原涂炭,咸思得真主,为民除残去虐。太宗文皇帝不忍万姓沉溺于水火之中,命将兴师,以定祸乱。干戈所指,流贼望风而遁。李自成为追兵所杀,余党解散。世祖章皇帝驾入京师,安辑畿辅,亿万苍生咸获再生之幸,而崇祯皇帝始得以礼殡葬。此本朝之为明报怨雪耻,大有造于明者也。是以当时明之臣民,达人智士,帖然心服,罔不输诚向化。今之臣民,若果有先世受明高爵厚禄,不忘明德者,正当感戴本朝为明复仇之深恩,不应更有异说也。况自甲申,至今已八十余年,自祖父以及本身,履大清之土,食大清之粟,而忍生叛逆之心,倡狂悖之论乎?

      逆书云:“夷狄异类,詈如禽兽。”

      夫人之所以异于禽兽者几希?以其存心也。君子以仁存心,以义存心。若僻处深山旷野之夷狄番苗,不识纲维,不知礼法,蠢然漠然,或可加之以禽兽无异之名。至于今日蒙古四十八旗,喀而喀等,尊君亲上,慎守法度,盗贼不兴,命案罕见,无奸伪盗诈之习,有熙宁静之风,此安得以禽兽目之乎?若夫本朝,自关外创业以来,存仁义之心,行仁义之政,即古昔之贤君令主,亦罕能与我朝伦比。且自入中国,已八十余年。敷猷布教,礼乐昌明,政事文学之盛,灿然备举,而犹得谓为异类禽兽乎?孔子曰:“夷狄之有君,不如诸夏之亡也。”是夷狄之有君,即为圣贤之流,诸夏之亡,君即为禽兽之类。宁在地之内外哉!《书》云:“皇天无亲,惟德是辅。”

      本朝之得天下,非徒事兵力也。太祖高皇帝开创之初,甲兵仅十三人,后合九姓之师,败明四路之众。至世祖章皇帝入京师时,兵亦不过十万,夫以十万之众,而服十五省之天下,岂人力所能强哉?实道德感孚,为皇天眷顾,民心率从,天与人归。是以一至京师,而明之臣民,咸为我朝效力驰驱。其时统领士卒者,即明之将弁,披坚执锐者,即明之甲兵也。此皆应天顺时,通达大义,辅佐本朝成一统太平之业。而其人亦标名竹帛,勒勋鼎彝,岂不谓之贤乎?而得以禽兽目之乎?及吴三桂反叛之时,地方督抚提镇,以至县令武弁攻城破敌,转饷挽粮,多半汉人也。且多临阵捐躯,守土殉节者,国史不胜其载,历历可数。又如三次出征朔漠,宣力行间,赞襄荡平之勋者,正复不少。岂不谓之忠且义乎?而得以禽兽目之乎?即如岳钟琪,世受国恩,忠诚义勇,克复西藏,平定青海,屡奏肤切,赤心奉主,岂非国家之栋梁,朝廷之柱石乎?如逆贼曾静者,乃汉人之禽兽也。盖识尊亲之大义,明上下之定分,则谓之人。若沦丧天常,绝灭人纪,则谓之禽兽。此理之显然者也。且夷狄之名,本朝所不讳。孟子云:“舜东夷之人也,文王西夷之人也。”

      本其所生而言,犹今人之籍贯耳。况满洲人皆耻附于汉人之列,准噶尔呼满洲为蛮子,满洲闻之,莫不忿恨之,而逆贼以夷狄为诮,诚醉生梦死之禽兽矣。

      本朝定鼎以来,世祖十八年建极开基,圣祖六十一年深仁厚泽。朕即位以后,早夜忧劳,无刻不以闾阎为念,是以上天眷佑,雨时若,奸宄不兴,寰宇享升平之福。在昔汉、唐、宋极治之时,不过承平二三十年,未有久安长治如今日者。百姓自龆龀之年,至于白首,不见兵革,父母妻子家室完聚,此非朝廷清明庶绩咸熙之所致乎?且汉、唐、宋、明之世,幅员未广,西北诸处,皆为劲敌,边警时闻,烽烟不息。中原之民,悉索敝赋,疲于奔命,亦危且苦矣。今本朝幅员弘广,中外臣服,是以日月照临之下,凡有血气,莫不额手称庆,歌咏太平。而逆贼谓乾坤反复,黑暗无光,此又犬获鸱之吠鸣,禽兽中之最恶者矣。或逆贼之先世为明代之勋戚,故恋恋于明乎,今昌平诸陵,禁止樵采,设户看守,每岁遣官致祭。圣祖屡次南巡,皆亲谒孝陵奠酹,实自古所未有之盛典,朕又继承圣志,封明后以侯爵,许其致祭明代陵寝,虽夏、商、周之所以处胜国之后,无以加矣。若逆贼果心念前明,更当感切肺腑,梦寐之中,惟本朝崇奉,而犹云:“内中国而外夷狄乎?”

      此逆贼也。非惟在本朝为汉人之禽兽,即在明代,亦一禽兽,且其意非仅比本朝为禽兽,其视明代亦一漠不相关之禽兽耳。

      又云:“五六年内寒暑易序,五谷少成,恒雨恒,荆、襄、岳、常等郡,连年洪水滔天,吴、楚、蜀、粤,旱涝时闻,山崩川竭,地暗天昏。”

      夫天时水旱,关乎气数,不能保其全无,所恃人力补救耳。如尧有九年之水,汤有七年之旱,曾无损于一帝一王贤圣之名,但朕自嗣位以来,赖天地祖宗之福庇,阴阳和顺,风雨时调,五谷丰收,农民乐业,各省之内,间有数州县旱涝不齐,即令动帑赈济,民获安全。湖广惟上年江水泛涨,有伤禾稼,即特发帑金,筑堤捍御,此天下臣民所共知者。幸六年之内,各省薄收之处不过数州县耳。倘遇大水大旱,不知又作何幸灾乐祸之说也。方今天下,凡有知识之人,以及草木昆虫,皆居于戴高履厚之内,而云“地暗天昏”,盖逆贼之心昏暗,入于鬼道,固不知有天地矣。至云:“孔庙既毁,朱祠复灾。”

      孔庙之不戒于火,唐宋皆有之。明弘治时,被灾尤甚。弘治非明代之贤君乎?若以此为人君之不德所致,则将来叛逆之徒,必藉此煽动人心,至有纵火焚毁,以及各府州县文庙者。逆贼既称东鲁腐儒,附于圣人桑梓,而忍为此言乎?若朱祠之焚,未知果有其事否?但朱子祠宇遍天下,偶一被火,即关君德,则诸儒之祠宇何穷,宁能保其一无回禄之灾乎?至云:“五星聚,黄河清;为阴尽阳生,乱极转治之机。”

      夫果至乱极之时,有此嘉详,犹可附合其说,今天下吏治虽不敢曰尽善,然已大法小廉矣,民生虽不敢曰安,然已衣食粗足矣。四方无事,百姓康乐,户口蕃庶,田野日辟,正万国咸宁之时,而乃云“乱极”乎?且食草木者何人,积尸者何地,逆贼能确指之乎?昧心丧理,总不举首仰观于天也。昊苍之所以恩眷本朝者,历代未有若斯之厚,而且显也。朕即位之初,孝陵蓍草丛生,六年之秋,景陵芝英产于宝城山上,以至双岐五秀之嘉禾,九穗盈尺之瑞谷,五星聚于奎璧,黄河清于六省,骈实连株之应,卿云甘露之祥,朕虽不言祯符,而自古史册所艳称而罕观者,莫不备臻而毕具。而逆书则云:“山崩川竭。”

      试问此数年来,崩者何山,竭者何川,能指出一二否乎?

      夫灾异之事,古昔帝王未常讳言。盖此乃上天垂象,以示儆也。遇灾异而能恐惧修省,即可化灾为福矣。遇嘉祥而或侈肆骄矜,必致转福为灾矣。朕于此理见之甚明,信之甚笃,故每逢上天赐福,昭示嘉祥,寤寐之间,倍加乾惕。并饬内外臣工,共深敬谨,若涉冰渊,所颂谕旨,已数十次,朕岂敢欺天而为此不由衷之语耶!数十年来,凡与我朝为难者,莫不上干天谴,立时殄灭。如内地之三逆,外蕃之察哈尔、噶尔丹、青海、西藏等,偶肆跳梁,即成灰烬。又幺么丑类,如汪景祺,查嗣庭、蔡怀玺、郭允进等,皆自投宪网,若有鬼神使之者。今逆贼曾静,又复自行首露。设逆贼但闭户著作,肆其狂悖,不令张熙投书于岳钟琪,其大逆不道之罪,何人为之稽察,不几隐没漏网乎?而天地不容,使之自败,朕实感幸之。昔明世嘉靖,万历之时,稗官野史所以诬谤其君者,不一而足。如《忧疑议录》、《弹园杂志》、《西山日记》诸书咸讪诽朝廷,诬及宫壶,当时并未发觉,以致流传至今,惑人观听。今日之凶顽匪类,一存悖逆之心,必曲折发露,自速其辜,刻不容缓,岂非上天厚恩我朝之明徵欤?又云:“自崇祯甲申,以至今日,与夫德以迄洪武,中间两截世界,百度荒塌,万物消藏,无当世事功足论,无当代人物堪述。”

      夫本朝岂可与元同论哉?元自世祖定统之后,继世之君,不能振兴国家政事,内则决于宫闱,外则委于宰执,纲纪废弛,其后诸帝,或欲创制立法,而天不假以年,所以终元之世,无大有为之君。

      本朝自太祖、太宗、世祖,圣圣相承。圣祖在位六十二年,仁厚恭俭,勤政爱民,乾纲在握,总揽万几,而文德武功,超越三代,历数绵长,亘古未有。朕承嗣鸿基,以敬天法祖为心,用人行政,无一不本于至诚。六年以来,晨夕惕厉之心,实如一日。朕虽凉德,黾勉效法祖宗,不敢少懈,是岂元政之可比哉?且元一代之制作,及忠孝节义之人物,亦史不胜书。《元史》独非明洪武时之所编辑乎?其称太祖则云:“深沉有大略,用兵如神。”

      称世祖则云:“度量弘广,知人善任,信用儒术,立经陈纪。”是明之于元帝誉美如此,而云“无当世事功足论”乎?且《元史》专传之外,其儒学、循良、忠义、孝友诸传,标列甚众。而云“无当代人物堪述”乎?

      《元史》系明太祖所修,而逆贼云尔,是厚诬明太祖矣。乃称欲为明复仇乎?夫天眷帝德,以为保定,朕惟兢兢业业,夙夜基命,则自蒙上天嘉佑,历世永享太平,为内外一家之主,岂一二禽兽之吠鸣,可以惑人心而淆公论哉!人生天地间最重者莫如伦常,君臣为五伦之首,较父子尤重。天下未有不知有亲者,即未有不知有君者,况朕之俯视万民,实如吾之赤子,朕清夜扪心,自信万无遭谤之理。而逆贼之恣意毁谤,果何自而来乎?

      夫造作蜚语捏饰诬词,加之平等之人,尚有应得之罪,今公然加之于君上,有是理乎?何忍为乎?朕思秉彝之良,人所同具,宇宙亿万臣民,无不怀尊君亲上之心,而逆贼独秉乖戾之气,自越于天覆地载之外,自绝于纲常伦纪之中,可恨亦可哀矣。逆贼之所诋毁者,皆禽兽不为之事,而忍心加之于朕,朕实不料吾赤子之内,有此等天良尽丧之人。普天率土之臣民,定不为其所惑于万一,但天壤间,既有此诞幻怪异之事,则天下之人情不可以常理测度,或者百千亿万人之中,尚有一二不识理道之人,闻此流言,而生几微影响之疑者。是以特将逆书播告于外,并将宫廷之事宣示梗概,使众知之。若朕稍有不可自问之处,而为此布告之词,又何颜以对内外臣工,万方黎庶,将以此欺天乎?欺人乎?抑自欺乎?朕见逆贼之书,坦然于中,并不忿怒,且可因其悖逆之语,明白晓谕,俾朕数年来寝食不遑,为宗社苍生忧勤惕厉之心,得白于天下后世,亦朕不幸中之大幸事也。特谕。

    奉旨问讯曾静口供十三条

      一、大清朝的建立正是天命民心之所归,乃道义之当然 

      问曾静:旨意问你上岳钟琪书内云“道义所在,民未尝不从;民心所系,天未尝有违。自古帝王能成大功建大业,以参天地,而法万世者,岂有私心成见介于其胸”等语。

      我朝积德累功,至太祖高皇帝神武盖世,统一诸国,成开创之功,太宗文皇帝,弘继统之业,世祖章皇帝,建极绥猷,抚临中外。此正顺天命,从民心,成大功,建大业,参天地而法万世之至道也。你生在本朝,不知列祖为天命,民心之所归,而云“道义所在,民未尝不从,民心所系,天未尝有违”,是何所指?

      曾静供:弥天重犯这些话,是泛说自古帝王之兴,与帝王之在位皆是顺天命,得民心的。天命顺,民心从,而兴起在位,即是道义之当然。弥天重犯生长楚边山谷,本乡本邑,以及附近左右,并没有个达人名士在朝,而所居去城市又最远,所以盛朝功绩,传闻不到。直至旧年到省城,由省城以至于帝畿,见闻渐广,方知东海龙兴,列祖列圣承承继继,不惟非汉、唐、宋、明所及,直迈三代成周之盛。盖天地精英日流日开,上世浑噩,人文未起,积到成周,而太和翔洽,文明大著。然天之笃生圣人以开治者,在周亦惟算文武二圣为极,至岂若本朝叠叠相因,日远日大,愈久愈光。自太祖高皇帝神武盖世,开创王基;太宗文皇帝继体弘业,统一诸国;世祖章皇帝建极绥猷,抚临中外;圣祖仁皇帝深仁厚泽,遍及薄海;迨至我皇上,天聪明,恢弘前烈,已极礼明乐,备海晏河清。此正是天命民心所归,乃道义之当然,参天地,法万世,为天运文明之隆会。从前弥天重犯实实陷于不知,不是立意要如何,以自外于圣世。

      二、华夷之间、人兽之间的本质区别到底是什么呢? 

      问曾静:旨意问你书内云“天生人物,理一分殊,中土得正,而阴阳合德者为人,四塞倾险而邪僻者,为夷狄。夷狄之下为禽兽”等语。禽兽之名,盖以居处荒远,语言文字,不与中土相通,故谓之夷狄,非生于中国者为人,生于外地者不可为人也。

      人与禽兽同在天地之中,同禀阴阳之气,得其灵秀者为人,得其偏异者为禽兽,故人心知仁义,而禽兽无伦理。岂以地之中外,分人禽之别乎?若如你所说,则中国阴阳和合之地,只应生人之一类,不应复有禽兽并育其间矣。何以遍中国之地,人与禽兽杂然共居,而禽兽之族,比人类为尤多。且即人类之中,还生出你这等叛逆狂悖、沦丧天良、绝灭人理、禽兽不如之物来呢,你有何说处?

      曾静供:天生人物,理一分殊,其有分别,实以理之偏,全不在所居之内外。弥天重犯读书浅少,义理看不透彻,妄意以地之远近分华夷,初不知以人之善恶分华夷,今日伏读皇上谕旨,谓如你所说中国只应生人之一类,不应复有禽兽并育其间矣。义更精实,理更显明,虽顽石无知,亦应灵动了。

      况本朝之兴,列圣相承,亘古所无,万国咸宁,历代罕睹,且开辟幅员之广,声教四讫。自有生民以来,到今日而极盛。又圣祖皇帝承天眷顾之笃厚,享年之久,三代以来所无。况更有几多善政善教,纬地经天,开万世之弘基,立百王之大法,所谓考诸三王而不谬,建诸天地而不悖,质诸鬼神而无疑,百世以俟圣人而不惑者,正于今日见之矣。所以圣祖皇帝宾天诏到,虽深山穷谷,亦莫不奔走悲号,如丧考妣,即以弥天重犯冥顽无知,至此亦曾废食辍饮,恸哭号涕,被素深山,居丧尽制。然在当时皆起于心之不及觉,发于情之不容己,非有所为而为也,若非圣德隆厚,皇恩浩大,何以使民至此,今日圣祖皇帝在天之灵,犹或洞鉴。只为向见《春秋》有华夷之辨,错会经旨,所以发出诞妄狂悖言语,其实到今日方晓得经文所说。只因楚不尊王,故攘之,而本朝之兴,与经文之所指天悬地隔。

      弥天重犯因思天地之内无气不通,无理不到,华夷之辨固不可以地言,即以地言,亦无定限。天地精英之气日散日远,而且循环无常,今日二五之精华尽钟于东土,诸夏消磨,荡然空虚,是实话实理。况夷狄本是论人,亦善恶五性克全,无所亏欠为人,五性浊杂,不忠不信,为夷狄。孟子既称大舜、文王为东西夷所生,又诋杨朱、墨翟之无父无君为禽兽,是中国岂无夷狄,要荒岂无圣人,至于有明之世,非鲁、卫、齐、晋之旧,而本朝之兴,直迈成周之辙,更不待言。弥天重犯识浅见小,未曾经历,又得这些无知流言,夹杂胸中,所以有此妄言,悔罪无及。弥天重犯记得前而两次亲供,前供就人而论,看得天地精英之气愈开愈远,循环无常,不以地限。而后供指出,有明之世非鲁卫齐晋之旧,而本朝之兴,直迈成周之辙。以今看来,益觉自信无疑,悔罪无及,是弥天重犯虽昔同禽兽,今蒙金丹点化,幸转人胎矣。

      三、清朝统治八十年后,造成地塌天荒,神哭鬼号吗?

      问曾静:旨意问你书云“聪明睿智,仁能育万物,义能正万事,礼能宣万化,智能察万类,信能孚万邦者,天下得而尊之亲之。概自先明君丧其德,臣失其守,中原陆沉,夷狄乘虚窃据神器,乾坤反复,地塌天荒,八十余年,天运衰歇,天震地怒,鬼哭神号”等语。

      从来皇天无亲,惟德是辅。我太祖、太宗、世祖,圣圣相承,圣祖在位六十二年,深仁厚泽,浃髓沦肌。正所谓聪明睿智,仁育万物,义正万事,礼宣万化,智察万类,信孚万邦者也。天与人归,懋昭大德。凡有血气,莫不尊亲,盖列祖之至德感孚,奉若天道者,为从古之极盛。是以皇天之保佑,申命恩厚于我朝者,为从古之极隆。若谓乾坤反复,地塌天荒,而我朝八十余年以来,享承平之福,凡叛逆之徒,稍萌奸回,即灭不旋踵。是岂天震地怒,鬼哭神号,皆无可奈何,而人力竟可胜天乎?此非敢于评诬稍诋我朝,乃敢于诬诋上天矣。曾静,你有何说处?

      曾静供:弥天重犯所说必聪明睿知而兼具五性之全德,乃是尊贵天位之语。到今日看来,列祖列圣之聪明睿智,仁义礼智信之施于薄海内外者,固己共信为圣神之极致。我皇上御极以来,圣德神功,上承列祖,尤无纤毫不惬于民心。惟弥天重犯为谣言蛊惑,遂戴天不知天之高,履地不知地之厚,出入作息,竟忘帝力于何。有以是酿成大恶,身陷乱贼。直到旧冬,得闻钦差大人宣传圣德之大,涵育宇宙,又伏读圣谕谆谆,光被四表,始觉心神开豁,脱然得悟从前之非。然耳虽闻圣德,心虽服圣教,目实为曾亲见有道盛世的光景。

      昨奉解来京,自湖南而湖北,以抵河南,由河南而到直隶京城,所过都邑省郡,自野及市,历人历境,不知凡几万千。但见民康物阜,风景和平,生其间者,皆气象古茂,性习淳厚,治化休明,太和翔洽,油然共庆太平有道之世。若不是皇上聪明睿智,仁育万物,义正万事,礼宣万化,智察万类,信孚万邦,休养抚育,励精不倦,为从古所未有。何以民心爱戴,休徵齐著,天眷隆笃至此,到此愈觉从前错误之罪大弥天,无地自容,惟日自痛悔号泣而已。至若谓“中原陆沉”以下等语,总因错听谣言,错解经义,一个病根,一路直错到底。今日虽万死万剐,亦所宜然,更何能稍置一喙?

      四、社会出现贫富差别的原因是否可以归咎于君王呢?  

      问曾静:旨意问你书内云“土田尽为富户所收,富者日富,贫者日贫”等语。自古贫富不齐,乃物之情也。凡人能勤俭节省,积累成家,则贫者可富;若游惰侈汰,耗散败业,则富者亦贫。富户之收并田产,实由贫民之自致窘迫,售其产于富户也。今你说土田为富户所收,其果自雍正元年以后,富者始收民之土田乎?抑康熙年间,富者已收民之土田乎?其果本朝以前,若明若宋若汉、唐之代,民间皆贫富均齐乎?抑自古以来,民间即有富者,收民之土田乎?你以富者日富,贫者日贫,俱归咎于君上,有何理据呢?

      曾静供:此是太平日久,民间辗转积而成弊。固自然之势,不关君上事。亦汉唐以来的通弊,不起于本朝。但本朝历圣相继,承平之久,亘古少及。而皇上御极以来,德盛民化,风清弊绝,民间无丝毫烦扰,而惟田业一项,富户安于有余,贫民常苦不足,辗转流弊,土田将多为富户所收。此际似正须裁成辅相,因妄谓斯民所仰望君上者,在酌盈剂虚,衰多益寡。圣人成能,宜不忍任物情之自流。此是弥天重犯鄙之粗见,不通世事之愚论,岂知贫以游惰而致,富因勤俭而得。此等不齐,自天降下民已然,原非人力之所能挽。盖天之生物不齐,因五气杂揉,不能一致,人之昏明巧拙,才质不同,乃造化之自然,虽天亦无可如何。人之贫富,视乎作为营办,作为营办,又视乎才力之巧拙昏明,此自然之理势也。况天道福善祸谣,要幽远莫测,其穷困者,安知不是天厄之,其丰亨者,安知不是天相之乎?皇上以抚育为心,举一世而涵濡之,岂愿其有此。得圣谕点化,更觉分明。

      五、整个大清国的人民到处都在呼号怨恨吗? 

      问曾静:旨意问你书内云:“到处呼号怨恨,切日丧偕亡之愿”等语。这呼号怨恨的确是何人?确在何地?确有何被虐之事?确有何愿丧之情?须一一据实供来。

      曾静供:这等呼号的,乃是洞庭湖滨偶被水灾,不能安业之民。盖人生疾病痛苦,饥寒劳瘁,忍耐不过,多呼天呼父母,此情之不容自己者。而小民太平日久,素享丰盈,偶尔被水,觉苦不聊生,曾不如他郡他邑之群歌大有。皇上赤子,必帑赈济,存留者虽沐恩惠,而散流辗转者或远不遍及,其逃于外的,间有呼号。弥天重犯不能广览远稽,故有此语。其实寒暑怨咨,何伤天地之大,况沐恩者久,且多未遍者,暂而少不获安业者,以湖南计之,不过百分之一,以普天下计之,尚不及亿万分之一乎。此个缘故,到今方知。

      六、像岳钟琪一样臣事清朝的人就是低头屈节、效忠于匪类吗?

      问曾静:旨意问你书内云“戴皇祖之仇以为君,且守死尽节于其前”,又有“俯首屈节,尽忠于匪类”等语。曾静以岳钟琪之远祖武穆王,称为皇祖者,是奉岳钟琪为主而已,为其臣子也。且曾静狂言,以《春秋》大义自居。其逆书有云“人臣之择主,如女之子从夫,为臣者事非其主,而失身如女子已嫁于人而再醮者矣。而曾静又臣事于岳钟琪,是以失身再醮”等语。岳钟琪假若依曾静之说而叛本朝,是岳钟琪为不能守死尽节,而再醮之人矣。曾静以岳钟琪之臣事本朝为屈节尽忠于匪类,则曾静之愿奉岳钟琪为君,岂不为匪类中之匪类乎?且逆书内以岳钟琪为岳飞之后,称功颂德,乃钦差讯问时,又盛言本朝之恩泽勋业。未知曾静之心,仍欲臣事岳钟琪乎?抑愿臣事本朝乎?如愿臣事本朝,则曾静不亦屈节于匪类乎?设岳钟琪为曾静鼓惑,未知曾静此时以岳钟琪为是乎?抑为匪类也。可一一讯问,令其逐条供明。

      曾静供:弥天重犯本心毫无所为,只为误听谣言,错解经义,故一切大义大分,都至混淆。加以闻见狭隘,不知本朝世德之隆,得统之正,深仁厚泽之久而且洽。所以上书岳钟琪。种种悖谬,直是痛悔无及。盖人臣之择主,固如女子之从夫,今岳钟琪以文武全材,笃生圣神之世,而事圣神之君,正如皋夔之事尧舜,伊周之事汤武,不但如正女之从贤夫而己者。固万无可叛之义,亦决无或叛之心。而弥天重犯以误听流言,遂至冒昧上书,不惟自昧君臣之大义,而并劝人以不忠。是微如蜂蚁,尚知有君臣,毒如蛇虎,尚不忘恩报,而腼然人面,直匪类之不若也。迨至去冬奉钦差大人审问,传宣圣德,已知从古盛世帝王莫与伦比;而且详告本朝来龙兴功德,事事仁至义尽,得统之正,全是天与人归。盖本朝来抚万国之初,明愍帝已身殉国难,而李贼猖狂,中原涂炭,毒逾水火,世祖章皇帝不烦一兵,不折一矢,而天下感戴,率从如赤子之依父母,较之汤武,昔尝为夏殷诸侯,而临时不免兵戈者,更名正言顺,神武而不杀。弥天重犯得闻此义,始如坠深渊,而痛哭追悔,万死莫及。嗣后蒙大人仰遵皇上高厚深恩,一路抚惜到京。而弥天重犯自长沙以抵京师,沿途目之所见,尽是圣世隆景,耳之所闻,莫非圣德仁声。且当身亲被,又有几多破格恩典,而一到京师出之囹圄,居以广厦,给食赐衣。

      弥天重犯生长山陬,不知圣天子忧切民瘼,曲谅民难,哀矜民隐,竟及于极恶重囚,万死莫赦之徒,直至如此。弥天重犯虽同草木无知,顽石无灵,亦当翻然感化。故在当时岳钟琪幸而怒斥,得免乱贼之名,万一误见听从,不惟弥天重犯为万世乱贼之罪魁,而岳钟琪亦不免为万世乱贼之巨恶了。岳钟琪之守正,固益显其为圣世之良臣,而弥天重犯到此尚有何别义可以借口?只痛恨谣言之害人,遂至陷身于大恶而莫解,然犹幸到今,尚得接天语下诘,省悟以翻身,纵不敢望苟免幸生,得为圣世之民。然得闻大义而知前此之非,是即为圣世之鬼,亦所甘心矣。至若奉岳钟琪为君,而己为其臣子,在弥天重犯初无此心,其称彼远祖为皇祖者,乃是见得礼经,自诸侯以下,概有皇考皇伯父之号,故欲用三代以上称呼而妄耳。盖当时止做旁人献义,未即输身归顺,总之大义既错,罪在恶极,一路皆错,尚有何是处可言。惟千万叩首感激隆恩盛德,自伤欲为圣世之民,而不可得。至于臣事本朝,乃天经地义之当然,又曷尝自即于匪类乎。

      七、明朝亡于李自成之后,清兵的确是明臣请来除寇治乱的,是救亿万生灵于水火之中的仁义之师啊!

      问曾静:旨意问你书内云“明亡之恨”等语。前明之亡国,亡于流寇李自成之手,与我朝毫无干涉。自有明之季,政教不修,纲纪废弛,内则盗贼纷起,李自成等扰乱残虐,沦陷京师,外则边警时闻,各处蒙古外藩,皆为劲敌。是蹂躏中国,消耗明之元气,非独本朝也。况我太祖创业以来,并无取明之天下之心。太宗皇帝曾勒兵入关徇地,直到山东临清,周视京城,纵猎南苑,数日乃归。明朝并不能一矢加遗。彼时若欲取明之天下,岂不易如反掌?盖我祖宗列圣惟冀息兵安民,解仇释忿。屡欲与明朝和好,而明之君臣总置之不问。迨李自成已陷北京,明愍帝殉国而死,明祚已绝,明位已移,始请兵我朝,来除寇乱。太宗皇帝命将兴师,兵至山海关,一战而胜。李自成二十万之众,望风逃窜,席卷长驱,是以我世祖皇帝君临万邦,廓清群寇,救亿万臣民于水火之中,为明朝报仇雪耻,是我朝深有德于前明,显然著明可白万世者也。我朝得国较之汤武征诛,更为名正言顺,何明亡之有恨乎?以李自成之横行中原,所过残破,明朝糜饷百万,曾不能少抗其锋。贼兵一至城下,长驱直入,李自成唾手得明之天下。是明之兵力,万万不如流寇甚明。当李自成既陷京师之后,其志方张,精锐之锋未尝少挫,更增明之叛臣降卒以助其势。而我朝兵威甫及,如摧枯拉朽,只经山海关一战,流贼即亡魂夺魄,奔逃溃败。由是而论,我朝之兵力声势,与明何啻相悬云壤乎?设若取明之天下,已早取矣,何待流贼之摧残乎?惟以仁义为心,不肯代有其国。本朝之光明正大若此,今你怀叛逆之心,若在明朝,即是流寇李自成。而乃以明亡致恨为词,曾不反心自问乎?你还有何说?

      曾静供:这个源头,弥天重犯从前全然不知,盖因失父太早,独居山僻穷陋者,已数十余年左右。附近不惟无史册可以借观稽考,而乡党邻里,并无知事老成传闻,但知本朝代明而有天下,初不知有明之天下,早已失之于流寇之手。直至旧冬,闻大人之说后,又得仰读圣谕,乃知本朝全是以仁义而兴,直驾千古莫媲,其弘功伟绩之在当世。不惟明之君臣感其恩,戴其力,即在当时之草木,亦莫不被德而蒙惠。盖有明之季,上下怠慢,政教全然荡废不举,纲纪颓然倒坠不整,内则任宦官把持国政,外则听诸藩剥削民力,荒淫纵恣,无礼无学,遂致民不聊生,奔入贼党,四起为敌。在外官兵望风而靡,所以贼得长驱,直抵京师。当此之时,生民流离困苦,残杀惨掠,直不啻如水火之告急。

      太宗皇帝龙兴东海,政举教修,仁声仁闻,施及薄海内外,并未萌一点取天下之心。曾勒兵入关,纵猎南苑,以期为明解仇释怨,息兵而安民。而明之君臣,竟置之不问,由是振旅东归,当时若有一毫利天下之心,取明直如反掌之易耳。又何待贼陷京城,愍帝身殉国难,明祚已绝,明位已移,请求除寇安乱,而后兴师命将乎?即此一举,较之武王观兵孟津,以冀纣恶之改悔,心事更光明正大,表里无憾。况入关一战而胜,李自成二十万之众流寇,亡魂夺魄,溃散奔逃,扫荡廓清,当时天下之众如出深渊,如睹父母。世祖皇帝由是发政施仁,抚临天下,救亿万生灵之苦于水火之中,而天下之感戴者,不惟在明之君臣雪耻复仇,衔结莫报。而为亿万生灵救死扶生,其大德直与天地同流。由是看来,汤武虽以仁兴,而君臣一伦犹不能脱然无憾。所以当时成汤不免有惭德,武庚不免以殷叛。岂若本朝之有天下得于流贼之手,名正言顺,明臣、汉人皆感激深切,乐为效力致死者乎!弥天重犯从前陷于不知,任臆狂悖,妄引《春秋》以自误,所以有“明亡之恨”等语。到今知之,痛悔流涕,几不欲生,而且蒙恩高厚,更觉无地自容了,复有何说。

      八、对于孔子的《春秋》大义,岂可以乱臣贼子之心来解释? 

      问曾静:旨意问你书内云“《春秋》大义,未经先儒讲讨,有明三百年,无一人深悉其故。幸得东海夫子秉持撑柱”等语。孔子成《春秋》,原为君臣父子之大伦,扶植纲常,辨定名分。故曰:“孔子成《春秋》而乱臣贼子惧。”

      今曾静以乱臣贼子之心,托《春秋》以为说,与孔子经文判然相背,无怪乎明三百年无一人能解。不但元、明之人,即汉、唐、宋以来之儒,亦无人能解也。惟逆贼吕留良凶悖成性,悍然无忌,与曾静同一乱贼之性,同一乱贼之见,所以其解略同耳。曾静之恶逆大罪,肆诋朕躬,已为自古乱臣贼子所罕见。而吕留良张狂吠,获罪于圣祖,其罪万死莫赎,宜曾静之服膺倾倒,以为千古卓识。可问曾静,吕留良所说《春秋》大义,如何昭然大白于天下?吕留良是域中第一义人,还是域中第一叛逆之人?着他据实供来。

      曾静供:弥天重犯僻处山谷,离城甚远,左右邻里,无读书士子,良师益友就正,因应试州城,得见吕留良所本朝程墨,及大小题,房书诸评。见其论题理,根本传注,文法规矩先进大家,遂据僻性服膺,妄以为此人是本朝第一等人物,举凡一切言议,皆当以他为宗。其实当时并未曾晓得他的为人行事何如。而中国有论管仲九合一匡处,他人皆以为仁,只在不用兵车,而吕评大意,独谓仁在尊攘。弥天重犯遂类推一部《春秋》也只是尊周攘夷,却不知《论语》所云“攘”者止指楚国而言,谓僭王左衽,不知大伦,不习文教,而春秋所摈,亦指吴楚僭王,非以其地远而摈之也。若以地而论,则陈良不得为豪杰,周子不得承道统,律以《春秋》之义,亦将摈之乎。况舜为东夷之人,文王为西夷之人,其说载于《孟子》,更大昭著者也。由是看来,在当时吕留良固为背谬之极,而弥天重犯信而宗之,尤为失之千里矣。但吕留良议论弥天重犯所见者止此。其余文字著作,并不曾见过。惟到雍正五年,有学徒张熙,到浙江购书,到吕家传得吕留良题《如此江山图》及《钱墓松歌》诗。彼时闻之,不觉惊异,不敢信以为然,随复得谣言,叠叠惑乱,遂疑他的话是实,且妄悔当身大义之不能早闻。今奉旨将吕留良家藏旧作日记纂一本、诗集一本、日记草本四束、抄本文集四本、散诗稿一束赐看。其中不惟错看《春秋》,罪与弥天重犯同。且竟有讥诋圣祖皇帝处。

      圣祖皇帝在位六十余年,深仁厚泽,遍及薄海,即弥天重犯生长山僻,犹知感佩,况吕留良身居浙江大地,列名胶痒,食毛践土,亦已数十余年,如何丧心病狂,竟至如此。弥天重犯从前不知,姿以《春秋》之义说,虽出于吕氏,旨实发于孔子,不得不信。今日解出孔子不是如此说,又深知本朝得统之正,全是天与人归,历圣相承,无不道隆德备。而吕留良所云,如此到今,实实见得他是凶悖成性,悍然无忌,张狂吠,得罪圣祖,万死莫赎,诚为盛朝叛逆之罪魁。而弥天重犯山鄙无知,坐昧当身大义,姿信而附和之,万死亦不足以当其罪。今虽深痛无知而误信,切恨吕说之害人。俱嗟无及矣,更有何说。但吕留良之说行世日久,如弥天重犯之为其蛊惑者,谅复不少,今幸得因弥天重犯败露,莫非历圣德隆,皇天笃佑我朝,故水落石出,一至于此,此岂人力之所能与?弥天重犯今虽陷法网,由此而天下之人共知其叛逆,不为彼说所惑,弥天重犯死所甘心矣。

      九、对于一个臣民来说,到底什么是荣辱生死的大义?

      问曾静:旨意问你书内云“可荣可辱,可生可死,而此义必不可失坠”等语。今钦差审问之时,曾静缮写亲供全然改变,求哀乞怜,备极称颂。在曾静将以为荣乎,将以为辱乎?又未知曾静之心,此时愿生乎,抑愿死乎?其争持大义者何在?着他据实供来。

      曾静供:弥天重犯向谓荣辱死生大义必不可失,只因错解《春秋》,错听谣言耳。其实弥天重犯原是皇上的赤子,非有历世功爵在先明难忘,素怀背叛不臣之心。今日发觉被执,只为谣言蛊惑,错解经义遂至狂悖若此。即在旧年狂悖蒙心之中,此心自问毫无别为,皆是从知识闻见上差错起。到今日解出经义,毫不相干,知得谣传是蜚语诋诬。弥天重犯是蝼蚁小民,实是心悦诚服,到此惟有痛哭流涕,自恨当身大义,自悔不能为顺则之民,其乞哀求怜,正是弥天重犯今日当身之正义,但恐求乞之诚不至不能赎补当前之罪,虽蒙皇恩浩荡,自计于法无可生耳。至若颂德称功,亦弥天重犯为臣民之分,所宜然,尚得似前日之陷于不知,而姿自诋诬,惟所虑者,识浅学陋,不能仰测龙德中正之备,而颂与称有不能至,以是死难瞑目也。盖君之尊同天,亲同父,民之称天,子之颂父岂得为过,况五伦从天而下,极之昆虫草木,皆有而君臣一伦,尤为五伦之首。弥天重犯从前错听流言,错解经义,所以陷身禽兽,自咎虽生犹死,今既晓得本朝龙兴,不同寻常万万,又亲被圣德,高厚从古所无,此时虽死犹生,虽辱亦荣了。

      十、那些狂肆毁谤皇帝的谣言传语到底从何而来?

      问曾静:旨意问你,书内云“生当今日,遭逢今世,无志于当世之利禄以自污”等语。曾静果无志当世,则宜早为高尚,何以应试入学,身列青衿,及考居五等,然后愤懑穷居,肆为狂放?尚得云无志利禄乎?又书内“与一二同志,闭门空山,养鸡种瓜”等语。观曾静书内,见闻甚多,援据甚广,若闭门空山之中,蜚语讹言,何因入耳?是曾静同志之人,必非一二数也。着据实供吐,若供出何人传说,则曾静是误听传闻,罪尚可恕,不可以身犯大逆之罪,遂拼一死以含糊了事,甘为众人容隐。皇上恩旨,着你据实供吐,你须将书内所云若者得自何人,若者传自何处,逐一据实供来。

      曾静供:弥天重犯书内千错万错,无一字著实者,总因错听谣言,误解经义,所以酿成大恶,到今日不可疏解。今圣德光洁,毫无瑕玷,而皇恩浩荡,不可名言。以弥天重犯如是之大罪大犯,尚如是优容宽待,另置幽闲清旷之地,且敕部给食赐衣,此诚千古未有奇典,尧舜所不到之殊恩。即此一事,弥天重犯粉身碎骨,亦不能仰酬皇恩于万一。此时此际,若果晓得造言首犯,方欲寝食其皮肉,又岂敢容隐他人奸回,以负皇恩?所以当日在长沙,大人审问再三,不敢说者,实为胸中不晓得个实在源头上造言的人。而传言的人,又实实是个忠厚守法,不惟不肯造言,并不肯乱言的人。且自计罪大咎深,自料必不能生,虽蒙大人屡宣皇上智虑神奇,聪明天纵,事事非常,法所得定,亦非常情所得拟。弥天重犯的死生,断非事前所得决然。在弥天重犯当身自计,万难自信,可以侥幸于不死,与其临死而又牵累他人,不如自家一死之安为稍愈。今感皇恩如此高厚,且奉旨意询问,思量自家一死何足轻重,即死亦要说明白自家的心事。

      赤子冒触父母,虽当父母盛怒之下,亦要向前号泣,说个明白,况今日旨意煌煌,得许弥天重犯直吐其人乎。此在自家分上计合,该要供出人来。因思水流毕竟有源即流,或可以寻源,胸中记出有两个偶尔传言的人,一是安仁县生员姓何名立忠,曾说他听闻有个茶陵州人姓陈字帝锡,传说朝中有人上议皇上多条,其大者如此如此。又永兴县十八都有个医生,姓陈字象侯,也说他在一处人家行医,听得人说茶陵州有个堪舆姓陈字帝锡,口传有个本章,谏议皇上如此不好,那上本的臣子姓岳名钟琪。弥天重犯听得二人之话符同,遂渐疑此为实事,其实源头造言的人,不知就是那陈帝锡,抑陈帝锡上手还递传有人否。且陈帝锡弥天重犯从未会面,不知其人形貌何如,即帝锡两字,也不知是此两字否,问何立忠便知。听闻比人会堪舆,前两年在安仁县起学官,何立忠是安仁县的秀才,或者知得他的名字。其实今日仰惟皇上如天如地,何可毁谤。天经云隔,何伤于天,反因云隔,而转见天之高;地经穿凿,何损于地,反因穿凿,而转见地之厚。今皇上之行,如日月经天,虽湖山万里,莫不共见共闻。弥天重犯幸今亦如盲,得视复见天地日月了。

      十一、这“山崩川竭”的传言到底是何等之事?

      问曾静:旨意问你在湖南供称“山崩川竭,是传闻泰山崩四十里,至于川并未竭,因笔头不谨,弄文致诬”等语。这泰山崩四十里之说,影响全无,你将传说笔之于书,已极悖逆了,况川竭之事,并无传说,而遂连类。并及这“山崩川竭”,是何等之事,竟可以笔头播弄得么?乃仅以“不谨”二字,轻忽戏玩之词掩饰此罪,如何使得呢?但所闻必有所自,你须据实供出。

      曾静供:“山崩”之说,虽有传闻,弥天重犯今日万死,记想个人不出。“川竭”之误,弥天重犯今日实实该死。盖寻常说话,犹庸言之谨,一涉不实,不惟于道理有碍。于心不能无愧,抑且当面受人诃责不小。此是何等重大的事情,如何可以轻易掠过,且以庶人小民之贱,而上议国家事体,即有实据,犹不免出位冒干之罪,况既复妄,虚中更虚。即此一项,已足粉骨莫偿了。而前供犹仅以“笔头不谨”,盖过是身陷于罪,而竟不自知其罪之大小轻重矣,今日省悟,万死何辞。

      十二、“五星聚,黄河清”的瑞祥征兆到底是什么因缘?  

      问曾静:旨意问你,所著逆书《知新录》,内云“以大事看来,五星聚,黄河清,某当此时如何死得。天不欲开治则止,天欲开治,某当此机会,毕竟也算里面一个,求人于吴楚东南之隅,舍某其谁?等语。从古治乱之数,必上有桀纣之君,下有生世涂炭之祸,方可谓之大乱。曾静以我朝为夷狄,为匪类,然必为君者实有昏德,纪纲法度,一切废弛,方为否极之时。以今日海宇承平,万民乐业,以朝廷政事而论,虽不敢谓为至治之世,然苟有人心之识者,断无有诬为乱极。当治之时也。且自开辟以来,未有如曾静禽兽不如之人,而以“五星聚,黄河清”为“舍我其谁”。又云“当此机会”,所谓机会者,何所指?据实供来。

      曾静供:弥天重犯许多该死该剐的话,今日反复省悟,也有个病根。盖缘自幼以来,讲解经书,讲到《孟子》“滕文公问为国”章说,那井田法制,心中觉得快活,私地暗想,以为今日该行。由是屡去问人,却无一人说今日行得。心下听着人说行不得,甚不快活。后看见吕留良此章书文评语,竟以为行得,且说治天下必要井田封建,井田封建复了,然后方可望得治平。遂不觉赏心合意,从此遂深信吕留良的话。且执着这个死法子,放肚里。因而看轻汉、唐、宋、明之治,大不及三代,妄以为井田不复,贫富不均,其余言治,皆非至道,乃猥不自量,敢以经济抱负,超越寻常。自许一闻“五星聚,黄河清”,遂疑此必是文明开始的机会,既遇文明开治的机会,必行井田复三代,欲行井田复三代,在当身自计,竭其驽骀,亦足备一时犬马之用,因而有舍我其谁之语。即所谓当此机会者,亦是望上之人用我,故曰求人于吴楚东南之隅,非是说弥天重犯当此机会,另生个别见也。只因谣言见闻,遂深疑皇躬主德未纯,所以狂悖,而有是举。及昨自湖南一路以抵京师,所历过之地数千里,无不家给人足,薄海内外,无不化行俗,美道德,政教修举,详明较三代之井田学校,更因时损益,已精益精,正礼明乐备之极,天开文明之盛,当此如是之道隆德至,治著功成。我皇上犹求治之念孜孜不遑,不肯一时一刻少懈。伏读谕旨,尚曰:不敢谓为至治之世。德隆心下,圣不自圣,一至于此,此所以无人感孚,瑞呈详见,“五星聚,黄河清”者,正为皇上道德纯全,超越千古,本朝治教休明,迈盛三代,大圣人兴起在位应也。况井田疆界,自秦以来,已荡废二千余年,封洫沟渠,皆不可考。而今日承平日久,平原旷土,各成旧业,以理势论之,迹必不可行。且天下人文蔚起,不知有几千几万贤良,才智深于治体,精于治法者,用之不尽,而弥天重犯山鄙无知,禽兽不如,乃谓“舍我其谁”,其不自量,一至如此,狂妄之罪,万死何逃。

      十三、被曾静奉以为师的吕留良到底是何许人也?  

      问曾静:旨意问你,所著逆书《知新录》内云“近世晚村夫子学问足,本领济,大有为得”。又“生非其时,在今日似恰逢其会”等语。这吕留良自以其先世为前明之仪宾,不忘故国,而在本朝应试诸生,以天盖楼选刻时文,将本朝制科内名人之墨卷文稿刊板求利,致富不赀,乃包藏祸心,肆行无忌。实一反复无赖、卑污狂悖、叛逆之人,天地覆载所不容。今你乃奉为师法,心悦诚服,以为孔孟复生。你所谓吕留良之学问本领,从何处见得?吕留良之大有为,从何处知道?是你与吕留良必曾会晤,亲承指授,而信敬畏服,一至于此。且云“今日恰逢其会”,又是何解?可从实供来。

      曾静供:圣人曰:“不患人之不己知,患不知人也。”

      又曰:“不知人则是非邪正莫能辨。”弥天重犯今日狂悖,一路错到底者,总因自家僻处山谷,眼孔小,见闻隘,胸次鄙陋,错认人故也。如这些话都是自家没识见讨人底里不着,遂妄意心悦诚服,奉以为师,不惟以为师,且以他为一世的豪杰。其实当时何曾晓得他的行径大有不好处。不过就语句言话上,见得与自家僻性相投合,遂不觉好之深。好之深,遂不觉信之笃。当时所谓学问本领者,妄意指他的说理明,论文精。谓他大有为者,期他得用,可行井田,复三代,从前谬妄信得他是如此。今日蒙圣恩开导点化,始晓得他的行事为人,到处不是。不特他当身大义背谬而已。从此回想,向日之信听他者,何啻陈相之悦许行,痛悔何及?至若谓亲承指授,实实没有。他生在浙江,弥天重犯生在湖南,近广东界,相去有数千里,且弥天重犯是康熙十八年生,吕留良是康熙二十一年死,弥天重犯只有四岁,实未曾与他会晤。至于“恰逢其会”等语,是弥天重犯胸中先有他一段看轻后世之心,又有他一段错解《春秋》之意,加以元年匪类之说在耳,而又适值永兴县那两年大雨,数月不断,遂以为世道有不好处。此全是山僻无知的识见。直到旧岁奉拿到长沙,今岁又由长沙到京城,见得年丰时和化行俗美,太平有道,普天薄海皆然。方知圣人在位,政教修举,礼乐明备,直盛千古。从前满肚疑团,始得一洗落实。而吕留良之欺世盗名,大逆不道,蛊惑人心,为覆载难容处,弥天重犯亦了然明白矣。

    奉旨讯问曾静口供二十四条

      一、曾静等人各处行走,纠合叛逆之人的缘由如何?  

      问曾静:旨意问你,所著逆书《知新录》内云“敬卿、景叔西游,似亦不轻。那年二月初二日五星朕珠,日月合璧。某等七月初即有是行。天上这个朕兆不应则已,若应此事,必落于我辈之手。纵不能成于我手,亦必是我家眷属敬卿、景叔之手”等语。敬卿是张熙,所谓景叔又是何人?据你前次供云:“胸中原无确见,但传闻讹言,妄生疑惑,因而遣徒上书”等语。今据书中所云,是年七月,即有是行。是你于雍正三年已令张熙等各处行走,纠合叛逆之人,至六年方于岳钟琪处上书。你平日自命以为上应联珠合璧之祥,且云:此事必落于我辈之手,则是久蓄异谋,处心积虑要叛逆。你将三年七月以后差张熙等在何处行走,纠合何人,并所谓眷属,共有多少?景叔是何姓名,他又行住何处?逐一据实供来。

      曾静供:西游的话,是雍正三年事,当时并有别意。因弥天重犯所住的地最狭僻,在山谷中,左右方圆十余里,尽是耕户山农,并没有个读书识字的人相接。弥天重犯的父亲在日,曾尝有个迁居的志,而不能得遂。复因近来人多田贵,家事单寒,转移不得。后得学徒张熙、廖易在门往来,居宿安顿不得。而张熙、廖易家事亦贫寒,因见这些去四川的传来,以为四川田贱,乃与张熙、廖易商量,思欲去四川寻采个安静的所在,以为搬家安耕之计。且与张熙、廖易同往,并可以遂其读书之志。于是打叠去四川之行。于七月二十五日起身。搭船到长沙上岸,因到长沙城中走一回。盖弥天重犯从未出门,只因考试到过郴州,余并未曾走动。不意到长沙竟看见有一告示,上d五星联珠,日月合璧”的话。彼时大喜,以为有好世界来,毕竟会复井田封建,复井田封建,毕竟要用人,到那会用人时,我辈的行藏就不可得知。且既有井田则到处可以安身,又何必搬家带属,走四川做甚?于是去四川志遂灰了,就要转身来。那时并没有一点别样志向,惟有心中打量,要来京城上书献策,再三不决者,苦为匪类一篇说话在胸中狐疑,乃转身到长沙岳麓山一看。由是往湘潭一路回来,并没有会着别样人物,说一句异话,到九月初三日归家。唯回来有两年,见得这两年的收成不好,接年水荒,米贵,谷贵,百姓艰难,逃荒避水的多,乃翻疑此五星联珠、

      日月合璧的兆,恐另有别应,加以传闻日密,皆与前匪类之说相印证,于是狂悖有是话。盖此话是雍正五年冬说的,乃追忆雍正三年事,一前一后,前面的志向,与后面所见大不相贴。其实并没有到别处,并未曾会半个人。所谓西游者亦是因去四川西蜀取名。景叔即今在案解到之廖易。所谓眷属,即指张熙、廖易言。除此之外,并没有别人。总之,弥天重犯狂举的心肝肺腑,一丝一毫,点点滴滴,尽载于《知几录》、《知新录》。此两本书,虽有两个名号,确不是立意著作的书、装点的话。《知新录》乃是仿张横渠先生“心有开明,即便札记”之说。随每日所知所见,不论精粗是非,写放于此,以便自家翻阅。考其所学之得失议论,固未曾斟酌,文法亦未曾修饰,原是随便写出的口语。《知几录》不过写出叮咛张熙的话,明说与他,恐左右人听闻,且虑他未必记得,因写于纸上,到写得多了,遂取个名号,此是暗地递与他的话。今二书俱已搜获,进呈御览矣。弥天重犯当年情事何处掩藏?况皇上圣明天纵,明睿所照,丝毫尽露,并不能掩。且弥天重犯一路感戴皇恩如此高厚,自计虽粉骨碎身,亦莫能仰报万一,到此又何忍隐?

      二、大清国里考生增多,如何说是文人趋下,无耻奔竞呢?  

      问曾静:旨意问你,所著逆书《知新录》内云“永兴童生应县试者二千四五百人,应道试者有二千人,何曾是今文风极盛,盖缘风俗日趋日下,无耻的多,所以奔竞成习”等语。从来以人材之众多,征国家培养教育之功。是以《兔》之诗,言化行俗美,贤才众多,未闻以人文日盛为风俗趋下者。且士人求名进取,有志观光,亦其本分当然。今曾静谓为无耻奔竞。试问曾静,伊既以应试为无耻,则自己不该应试,何以从前名列青衿?考试多年,及考居劣等,方不出来应试。曾静自问,为有耻安静之人乎?为无耻奔竞之人乎?着伊自评品。

      曾静供:这种狂悖说话,大病总坐于看轻举子,所以颠倒悖谬,竟至于此。当年之意,盖谓国家隆重师儒,养育人材,开此科举,以为士子荣进之阶,典至重大。读书均当仰体朝廷之意。亦须看此为至尊至贵之路,必敦行励节,有廉有耻,经义明晓,文理通达,然后从此应试上进,方不负朝廷取士之意。若文理全未通,经义全未解,行谊毫不加修,而唯日以应举应试为荣。岂不是以至重至贵之路,而反为争名夺利之场!所以狂悖,遂有此说。岂知我生之初应试少者,因明末丧乱之后,百姓流离困苦,不得安业读书所致。到后来蒙世祖章皇帝休养生息,圣祖仁皇帝至德流洽,仁渐义摩,所以盛朝人材蔚起,迥不同于先明,是这个缘故。如何当年不省?至于弥天重犯当身自问,从前未睹天日,狂妄丧心,看得一切皆不入眼,到今日得圣化,一洗从前谬妄,因翻思向之所知所行,直与禽兽无异,狗彘不如,更有何人行堪问,只有愧死无地耳。

      三、著述《格物集》的刘先生,其人其书是什么情形?  

      问曾静:旨意问你,所著逆书《知新录》内云“刘先生所著《格物集》,他从子光斗过宁远县任所,带得一个稿本来”等语。这刘先生是何等样人?是何名字?他的从子光斗,于今现在何处?其所著《格物集》是何等样书呢?

      曾静供:刘先生即今案内解到之刘之珩,从子刘光斗,在湖南岳州府安乡县住。《格物集》是刘之珩所著的,其中专言物理,并没说别样话。书亦不多。因刘之珩原任在永兴县做教谕,弥天重犯做生员时,曾经接见。后于雍正元年刘之珩丁父忧,遂回归岳州府安乡县居丧去了。到服满起复,改补永州府宁远县教谕。有从子刘光斗,自安乡县到宁远县学署看问伯父刘之珩,路从永兴县过,弥天重犯见他带得《格物集》,故写在《知新录》内。前在长沙,这《格物集》已经钦差大人从刘之珩家搜获进呈矣。

      四、如果皇帝只应孔、孟、程来做,那么汉、唐、宋、元的开国皇帝都是光棍”吗?  

      问曾静:旨意问你,所著逆书《知新录》内云“皇帝合该是吾学中儒者做,不该把世路上英雄做。周末局变,在位多不知学,尽是世路中英雄,甚者老奸巨猾,即谚所谓‘光棍’也。若论正位,春秋时皇帝该孔子做,战国时皇帝该孟子做,秦以后皇帝该程朱做,明末皇帝该吕子做,今都被豪强占据去了。吾儒最会做皇帝,世路上英雄他那晓得做甚皇帝”等语。孔孟之所以为大圣大贤者,以其明伦立教,正万世之人心,明千古之大义。岂有孔子、孟子要做皇帝之理乎?孔子云:“事君尽礼。”

      又云:“臣事君以忠。”

      又云:“君君臣臣,父父子子。”看《乡党》一篇,孔子于君父之前,备极敬畏小心。孟子云:“欲为臣,尽臣道。”

      又云:“齐人莫如我敬王者。”使孔孟当日得位行道,惟自尽其臣子之常经,岂有以韦布儒生,要自做皇帝之理!若依曾静所说,将乱臣贼子篡夺无君之事,强派在孔孟身上。污蔑圣贤,是何肺肠?且自汉唐以来,圣君哲后,代不乏人。汉高祖、唐太宗、宋太祖、金太祖、元太祖、世祖,或戡定祸乱,或躬致太平,皆天命所归,功德丕著。今乃概目为光棍!况曾静时切明亡之恨,而以周末局变之后,皇帝皆系光棍,则明太祖亦在光棍之列。曾静不但是本朝之叛臣贼子,亦即是明之叛臣贼子。且曾静亦知光棍应得何罪,今以开创之主,皆诋为光棍,则当时佐命冀赞之名臣,皆当治以光棍为从之律矣。又春秋至明,数千年间,曾静所谓合该做皇帝者,只有孔、孟、程、朱、吕留良五人。开辟至今,无此狂怪丧心之论。可问曾静是如何说?

       曾静供:这狂怪的话,本是说做君的毕竟是聪明天,学问盖世。如前供所说,聪明睿智,仁能育万物,义能正万事,礼能宣万化,智能察万类,信能孚万邦,天下乃得而尊之亲之,奉以为君之意。盖天降下民,作之君,作之师。君以职位言,师以道德言。必道德极天下之至,然后职位居天下之尊。其实君师原是一人做的,君之外,另有一种道德高出天下者为师。所以二帝三王之世,尧、舜、禹、汤、文、武之君,皆是深于道德之至,精于学问之极,当明天下莫得而尚之,所以为君。春秋、战国之局变,有孔孟之道全德备,而世莫能用。在上周家天子,又未闻有道德高出于孔孟者,以唐虞三代极盛之例推之,却似春秋时的大君,合该有孔子之道德,方足以当之;战国时之大君,合该有孟子之仁义,乃足以当之;宋末时的大君合该有程朱的理学,方足以当之。当日之意,不是谓孔、孟必要出来做君,程、朱亦有志于临民。乃是谓君临天下,必有孔、孟之道德仁义,与程、朱之理学精详耳。盖敬君之至,莫如孔、孟,尊君之极,莫如程、朱。孔子事君尽礼,见于《乡党》一篇,后世人臣所少到,且不唯敬而已。推事君之诚,无所不至。为委吏则牛羊茁壮长,为乘田则会计当。举凡当官之职,尽到十分处,不肯一毫苟且者,皆是看得君命重大,所以职不敢旷耳。观孔子,则孟子、程、朱可类推矣。其所谓会做者,谓学问造到极处,成己自可以成物。《大学》讲明德,必及新民;《中庸》致中和,必到位育。盖性分中功用之全,自然贯通到此。所以说禹、稷、颜子易地则皆然。禹为君、稷为相、颜子是个陋巷匹夫,如何做得君相的事,亦是一理相通,修身就可以齐家,齐家就可以治国平天下。四书五经中,无一章不言及治天下的事。

      弥天重犯此条狂怪的话,是说出做大君的,原不是别样人可做,乃是聪明睿智而精深于学问道德的,正是看得君至重至大,轻易不得。伏惟今日皇上抚临天下,统一六合,神明天纵,睿智性成。性焉安焉,优入圣域,其实道德之微,无不经历学问之精,无不透过中和并致,方得天地位而万物育,如是岂不是圣人而精于学问,方得尊居天下之上,与尧、舜、禹、汤、文、武千载符合。他若汉高祖、唐太宗、宋太祖、金太祖、元太祖世祖,或戡定祸乱,或躬致太平,才智虽然有余,学问未免欠缺,故其发于政治,见于事功,未见得浑乎天理之正,而不能保其无一毫人欲之私。其实天下未闻有才德驾出其上,所以得而君之。弥天重犯狂怪之说,本系以英雄比历代诸祖,而以光棍指魏、晋篡窃之主,所云:“周末局变,在位多不知学,尽是世路中英雄。”

      这三句原指汉、唐、宋、金、元诸祖说。所云甚者老奸巨猾,即谚所谓光棍。这两句乃是指魏、晋诸篡夺者言,因辞不能达意,以致混同不明,一带说了。而光棍两字,亦是楚中俗语,山鄙无知,妄引以比例当时,立言大指原是如此。其实一种狂妄粗率,悍然无忌之罪,实有难容。况其中所举吕留良,尤为无知之极,不惟不识本朝历圣之德与尧、舜、禹、汤无异,竟把狂悖叛逆之吕留良,当孔、孟矣。从前如在云雾中,今得圣谕开导点化,不唯光天睹日,抑且自觉寸磔不足以抵其辜矣。

      五、你曾静真的是可以担当“天聪明,乾之九五”的大人物吗?  

      问曾静:旨意问你,所著逆书《知新录》内云:“敬卿、景叔语言文字推崇过量,把某看做莫大的人物。心心念念,望世变世革,想某乘运起来复三代。”

      又云:“仰观三代,天聪明,乾之九五,圣位莫乘。此等语在分上,固不敢当,只是他也不是一时躁率轻妄,信口说大话,抬高师长,确是他心中所见,实实如是”等语。这敬卿、景叔丧心病狂之语言文字,岂人所可当。而云:“不是抬高师长的大话,实实见的如是。”是你自承认担当莫大的人物了。“天聪明,乾位九五”,这话都是你可以承认担当的么?且你如何乘运起来,你须将敢于担当大话的意思,据实一一供出。

      曾静供:张熙、廖易,病狂丧心,猥以此等语,推尊弥天重犯,何异弥天重犯盲睛瞎眼,以千古人宗推尊吕留良。虽说话轻重稍有不同,其实皆是一样无知,一样狂妄。揆之于法,不唯万剐莫辞,即问之于心,亦且愧死无地。但当时此话下语未清,大意谓人之知识有浅有深,有大有小,浅不能骤使之深,小不能强扩之大。随所见到,以为大小浅深,如蛙居井底,所见者只井底之地,初不知井之外更有地,遂妄以为天下之地尽在于此,岂知天地间有几多大地宽广,山岳湖海,无穷无尽在。然不到过,亲见过,如何信得过?山鄙无知,何以异是。弥天重犯从前为谣言所惑,亦因生平五十岁人,从未见过满洲,从未见过京师、省城,又未亲目亲耳,晓得皇上道德政教如此经天纬地,所以谣言易惑,直到旧年,捉拿到长沙,见过大人,由是心中遂疑吕留良的说话有不当。复自长沙以抵京城,耳所闻,目所见,与胸中所传闻者,不啻昼夜之相反。及至到京,又身亲皇恩如此之极,心醉圣德如此之至,乃恍然大悟从前之狂悖,该死该剐莫逃,而深信皇上之道隆德盛,直驾千古,而莫敢媲。当时弥天重犯此条,本意说知有大小浅深,必要人见到方信得过,故末后所以敬卿、景叔异日见到,则必不肯说此狂悖之语。至若谓乘运起来,亦是谓如太公之遇文王,伊尹之受汤聘,此即张熙、廖易病狂丧心之意,而言之总之,皆到此处。皇上圣明天纵,天地包容,万万叩首,惟冀哀之怜之矜恤,其无知而已,更有何说分解得。

      六、“华夷之分大于君臣之伦”的道理讲得通吗? 

      问曾静:旨意问你所著逆书《知新录》内云:“如何以人类中君臣之义,移向人与夷狄大分上用。管仲忘君仇,孔子何故恕之?而反许以仁。盖以华夷之分,大于君臣之伦;华之与夷乃人与物之分界,为域中第一义。所以圣人许管仲之功。”

      又云“人与夷狄无君臣之分”等语。君臣为五伦之首,断无有身缺一伦,而可以为人之理。曾静当日以人与夷狄无君臣之分,不知从前以何人为君,且到今还是甘心俯首以君臣之义,移于夷狄分用乎?抑是始终以与夷狄无君臣之分乎?据实供来。

      曾静供:凡这悖逆狂妄之说,皆是雍正五年冬与雍正六年春写载的。实因见得吕留良论孔子称管仲之仁处,有华夷之分,大过于君臣之伦之说。以致推论到此。其实,弥天重犯平昔并无此说。岂知华夷之分,圣人原不在地上论,若以地论,则舜生于诸冯,东夷之人也;文王生于岐周,西夷之人也。都不通了。将谓大舜与文王不是人可乎?且更不是圣人可乎?况由舜、文以下,不知更有几多行为师表,道高百世,如周子、张子、陈良者,俱生于四裔之地,犹历历可数指者乎?弥天重犯当年中吕留良之毒深,所以不察其非,而狂悖发论至此。到今日亲被皇上德化之盛,且晓得本朝之得统,全是仁义,天与人归,浑乎天理。且我皇上道隆德盛,亘古所未见,即僻处在东海北海之隅,凡声名所到,犹尊之亲之,而无心不服。矧弥天重犯生居中土,身受抚绥之恩,而现为赤子者乎。故弥天重犯今日之甘心俯首,如七十子之服孔子者,一为本朝得统之正,从古所少;二为皇上道德之大,生民未有其心悦诚服,乃是当身之至情,天地之大义。弥天重犯即是草木无知,到此亦当欣然向荣了,况有血气者,敢不尊亲乎?

      七、清朝得天下到底是盗窃天位的强盗呢,还是驱逐流寇的主人呢?  

      问曾静:旨意问你,所著逆书《知新录》内云“夷狄盗窃天位,染污华夏,如强盗劫去家财,复将我主人赶出在外,占踞我家。今家人在外者,探得消息,可以追逐得他”等语。明朝天下亡于流贼李自成之手,是强盗劫去家财,赶出明之主人者,李自成也。我朝驱逐流寇,应天顺人,而得天下,是乃捕治强盗,明罚敕法之天吏也。你等为家人者,既不能追逐李自成,索取家财,而于强盗花费家财之后,转向捕治强盗,明罚敕法之天吏,指令赔偿可乎?且由曾静之说推之,元之主人为明朝赶出,元人当索取家财于有明;而宋之主人,又为元朝赶出,宋人亦当索取家财于有元。等而类之,自唐以上,至于晋、汉,皆然矣。从古有曾静逆天背理之论否?试问曾静,教他自己细想此段议论,是何如说?

      曾静供:大义看错,遂总错到底。盖人身之主宰在心,心之所系在知,知上一错,凡发言行事,逆天背理,遂致不可穷诘。此等处总因错认本朝为夷狄,而不知圣人之生,原无分于东西也。且并不知明末之丧乱。生民受李自成残杀之毒,逾于水火。而本朝兴义师以除寇乱,功同天地,到今方知得本朝不唯不同于汉、唐之以智力取天下,而直过商、周之以仁兴,而不免于征诛者。且历圣相承,自有生民以来所未有之盛会。弥天重犯如何诬天诬父,至于此极。由今日看来,本朝当日即实实取明,代明而有天下,亦有德者兴,无德者亡,天理之当然。况有明当年与本朝原为与国,而天下又早已亡于流贼李自成之手。本朝之来抚中国,又不是以智谋力制中国,而使之服,乃是仁义感动中国,筐篚争迎,而心悦诚服。今弥天重犯误听人言,而反指以为盗窃,将明之取元,元之取宋,宋之取周等,而上之若唐若汉,以及周之代商,商之革夏,无一而不是盗窃,无一不当索回家财矣。其背理逆天之论,自家今日也解说不出。岂止于一处窒碍而已哉。今日细思此段议论,实实无知。其无知也,总因不知本朝龙兴之故,历圣功德之隆,徒为人言蛊惑,遂致狂悖如此,嗟悔无及,更有何说?

      八、到底是中华之外,四面皆是夷狄”呢,还是天下一家,万物一源”呢?

      问曾静:旨意问你,所著逆书《知新录》内云:“天下一家,万物一源。”

      又云:“中华之外,四面皆是夷狄。与中土稍近者,尚有分毫人气,转远转与禽兽无异”等语。既云天下一家,万物一源,如何又有中华、夷狄之分?曾静但知肆其狂悖之词,而不知其自相矛盾。《中庸》云:“致中和,天地位焉,万物育焉。”

      九州四海之广,中华处百分之一,其东西南朔,同在天覆地载之中者,即是一理一气,岂中华与夷狄有两个天地乎?圣人之所谓万物育者,人即在万物之内,不知夷狄在所育之中乎,抑不在所育之中乎?可问曾静是如何讲。且《易经》言:“信及豚鱼。”是圣人尚欲感格豚鱼,岂以远与中国,而云禽兽无异乎?即如曾静之叛逆肺肠,真禽兽不如,然至今日可能如豚鱼之感格否?着他据实说来。

      曾静供:天下一家,万物一源,此两句是从本心出的话,不杂外诱,不被人惑,所以冲口说出,与道理尚无窒碍。至若后面中华之外,四面皆是夷狄等语,总因误听人言,错解经旨之所致。所以自相矛盾,以至于此。岂知《中庸》云“致中和,天地位焉,万物育焉”者,原兼人物而言之也。盖为人心广大,原通天地,天大无外,人心之大亦无外。凡天下之大理所贯,气所通,皆在人心胞与之内。是以圣人在位,举天下之大,四海九州之远,皆涵濡之,使之各遂其生,各复其性,无一物之不得其所者。亦为中外只有一个天地,心体性量所贯通,无一处不到耳。岂同然并生于天地之中,齐在覆载之内,而为人有中外之分乎?弥天重犯从前醉生梦死,强分中外,今日蒙皇上旨意,发明此章道理,至明至当。弥天重犯到此实实如醉初醒,如梦初觉,恍然大悟从前之非。至于《易经》所载信及豚鱼等语,弥天重犯自幼亦曾读过,既有此等诬天的说话,当时何不把这信及豚鱼等经文取来印证一印证,而竟狂悖率意,写放纸上,这就是天夺其魄了。今蒙皇上开示到此,弥天重犯便是豚鱼,亦当感格,何况人性未泯,尚有知觉乎。总之,山鄙无知,眼光小,胸次隘,道理不经点破,终看不出,今蒙皇上过化存神之德感孚,方得省悟。

      九、大清王朝八十多年没有国君吗?臣民也禽兽不如吗?

      问曾静:旨意问你所著逆书《知新录》内云:“君臣之义,一日不可无。天下岂有无君之国哉?孟子曰:‘无父无君,是禽兽也。’禽兽亦有君臣,蜂犹如依从。如今八十余年没有君,不得不遍历域中,寻出个聪明睿智人出来做主”等语。传云:“君,天也,天可逃乎?”

      曾静既知君臣之义不可一日无,本朝君天下八十余年,曾静之祖、父,皆是大清之子民,曾静年纪不过四十余岁,即其逆乱之谋,蓄无君之念,不过四十余年。其四十余年以前,伊祖伊父之心中,有君乎,无君乎?而云:八十余年没有君,是加其祖、父以无君之罪矣。孟子所谓无父无君,是禽兽者。言不知有君有父也。曾静现在食毛践土,而云没有君,且加祖、父之罪,此实孟子所谓无父无君之禽兽。又曾静云:禽兽亦有君长,而云:“八十余年没有君”,是又禽兽不如矣。且孟子之所谓无君者,谓不知有君,而曾静以为没有君,不更诬圣贤之言乎?曾静又云:“不怕利害辛苦,要从遍域中寻出个聪明睿智之人主来”,伊如何寻遍域中,可曾寻得个人来?曾静到今日还是要另寻个聪明睿智之人乎?抑将此寻遍域中之心歇息乎?或其心以夷狄禽兽、元凶巨恶感戴为君乎?着他据实供来。

      曾静供:无君之说,实非弥天重犯的本意,因吕留良《钱墓松歌》上有云:“其中虽有数十年,天荒地塌非人间。”

      彼时闻得此说,如坠深谷,语虽为元朝而发,而引例未尝不通于本朝。始而疑,因思弥天重犯世受国恩,祖、父皆列名胶庠,而当身亦现在食毛践土五十年,如何驾阁漏空八十余年没有得君,并不算人间得?反复思索,解此缘故不得。既而言,以为吕留良是大地人宗,他的学问海内通行,毕竟他的说话有所见。弥天重犯僻处山谷,有何知识,如何晓得这种义理,加以谣言叠叠满耳,遂妄以为人在天地间,君臣为五伦之首,今既不见得有君,如何安然自立得住。乃孟浪定志,不辞辛苦,不计利害,思想遍历域中,寻出个聪明睿智,能尽其性的人来做主。所以狂悖,激而有是举。非是当时心下另藏有别样不好意见,而甘为此谋反叛逆,以自取死地。其实此举原是妄为当身大义起见,原是错听人言,不知本朝得统之正,不知皇上道德之隆起见,但所见一错,则无所不错。既身犯大逆之罪,而为禽兽,又诬祖、父以无君之罪,并诬及圣贤立言之旨。种种悖谬,皆因山鄙无知见错来,岂知本朝圣德神功,垂于两间,与天地同大,而皇上道德隆盛,更为亘古所未有。弥天重犯从前妄意所云:寻个聪明睿智,能尽其性,以为当身之主者。当时虽极十分过望,亦梦想不得到这样田地,梦想不到今世有此圣明的君,而今日恭逢盛会,得近圣天子之清光,正与当年孟浪,遍历域中,不辞辛苦,不怕利害,诚恳寻君之始念相合而庆幸。且更出于望外,到此实实欢喜倒地,不惟为一身一家幸,实为天下苍生之大幸,大快事焉。得不极其尊亲爱戴之诚。至若当身从前见错,万死之罪,惟有痛哭自咎自悔而已,更有何说。

      十、科举制度仅仅是讲名讲利、卑污苟贱而不知耻的方法吗? 

      问曾静:旨意问你,所著逆书《知新录》内云“科举词章之习,比阳明之害更大更广。阳明之教,虽足以害道,尚依傍道理来;科举之习,公然讲名讲利,卑污苟贱,而不知耻,直把道理一笔勾消,人类尽灭”等语。朝廷用人,所以设立科举者,以科举之人,所习皆四书五经,诵法圣贤之道,讲求圣贤之义理故也。人能读书明理,其造诣底蕴,皆见之于举业文章。是以朝廷设立科举,以期多得读书明理之人,为国家之用。今曾静以科举之为害,直到得把道理一笔勾消,人类尽灭,这是何说?且若不设科举,更有何法可以发明圣人之道理乎?至人之贤愚不一,科举内卑污苟贱之人,原世间所有。惟在朝廷辨别此等卑贱之人,而不用耳。非可废科举之制,而后禁人之卑污苟贱也。况无耻之人,即使不设科举,而别开用人之途,如或乡举里选,或征辟聘荐,或改诗赋策论,则讲名讲利者,又必于别途行其卑污苟贱之事矣。曾静又有何术,可以禁人之讲名讲利,着据伊所见供来。

      曾静供:朝廷设立科举,以四书五经取士者,盖以修己治人之道尽备于四书五经,欲人童而习之素,讲明其理,理通然后发为文章。而朝廷即以考察其浅深得失,择其优者而升举之。其立法之意,原尽美尽善,无毫发可议。但在下之人,实能仰体朝廷之意者少,蒙昧不知者多。是以积之又久,不免忘其本而徒事其末。以为朝廷取士,取文字,只要文字说得尖隽,即可以中有司之选。初不知文字之上,原有一层义理,当学当讲也。因妄谓文字可以乖巧习得来,于是设立方便法门,拟定程课,日以讲文为事。其讲文也,又只是以临场描摹填凑,袭取割截,及卖弄笔头为计。而圣贤道理,当身行谊,遂置之高阁不论。且人身既有血气,营名图利,乃其常情。况乡人无知者多,能有几个晓得朝廷立法之意,原是要人通经明理,以备国家之用。只谓科场之设,乃是生人取名取利之途。是以一有子弟,未尝不使之读书,问读书何为,则曰取科名、获禄利而已。自少小时,即横这个俗鄙识见,在胸渐长渐大,名利之心日深,而从事于文字。到文字中式得选时,越发营名图利,而毫无忠君爱民,力图报效之心。此弥天重犯在山僻无知,不通世务,妄据蠢见,遂有是把道理一笔勾消之说。其实到今日看来,全不如是。举业何曾无人,几多奇勋伟烈,大半多是举业家做就。且皇上天聪明,无法不精,无弊不彻。即如圣谕,谓无耻之人即使不设科举,而别开用人之途,则讲名讲利者,又必于别途行其卑污苟贱之事。此皆洞彻人情,深悉世务,智能察万变方得见及于此。由是看来大半总要得人,何法无弊,唯得其人而行之,弊斯可免。如今养士之法,平昔总要教官得人,教官之品虽小,而所职之事甚大,必须择道明行修者,专使之教育其子弟。以圣贤中正之道,孝弟忠信之行,聚讲日专,丁宁反复,其或有行谊不修者,则即许责惩。如此三年教成,然后教官具文行优劣之册,申详学政,学政核考其实而高下之,并以其果否验教官之诚伪明暗。是教官劝其行于平日,而不徒以文。学政考其文于一时,而兼察其行,文行交备而真才以得,积弊庶几得减。抑近读圣谕,而知本朝用人,原不专恃科举一途。除科举之外,尚有选孝廉、优生、实学等法,有此诸法,庶几足以尽天下之才,而裕国家之用。便选举亦要得选举之人,方能无弊。若临考,学政独凭教官之荐举,苟教官非人,只取平日与己情文相接、酒食相征逐者,荐之举之,而闭户守正之士,仍终不得有闻,恐亦无补。故在今日国家取士用人之际,固超出千古,然欲历久成化,似当参用程明道所议宋熙宁间取士法,损益斟酌行之,方为更善。弥天重犯山鄙无知,不与人数,感佩皇恩,深重自计,衔结无由,仰承旨问,敢不剖心直供。

      十一、你曾静为何尊敬悦服一个行走于市井江湖的吕留良呢?

      问曾静:旨意问你,所著逆书《知新录》内云“程子、朱子、吕子,如今人做官一样。程子是世袭荫补出身,朱子是由科甲出来,吕子是市井江湖钻刺打点作来底”等语。你平日推尊吕留良及其崇奉,心悦诚服,如何又说他是市井江湖钻刺的人呢?且如为官,亦未有市井江湖之人,可以钻刺而得的道理。何况,这做圣贤也可以钻刺打点得么?且吕留良系一钻营打点的人,从前曾静如何尊敬悦服之诚,一至于此?今曾静还是尊敬此钻营打点之吕留良乎?抑忿恨此钻营打点之吕留良乎?务将心上实话供来。

      曾静供:弥天重犯以吕留良为市井江湖钻刺打点作用来的者,是个譬喻的话。当时心下见得程明道先生天资纯和,道德粹美,浑然无一毫圭角,令人摹拟得,是天生下来德器就如此纯全,人学他不得。恰似做官的样,他是个荫补世袭官,生下来是他受用的;朱子天资未甚高,生质亦未甚美,然他从持敬致知,循循做法,由下学而直造上达,今日成法俱在,令人可学而至。恰如做官的,由科举正路来,是他辛苦读书读出的,人人可以学得他。若吕留良,观他文字所传,少年本不是正路学人,下学工夫并未拈起,东剽西掠,无事不揽,到中年只以批评文字为事。因批评文字,遂得窥探程朱之奥。所以当时说他是市井江湖钻刺打点来的。盖谓他本无临政治民之学,只是办得闲杂事好,效用有功,朝廷悯其劳,亦把个闲杂的职与他做样。此虽是当时妄意推崇他的话,其实心中天理发见,大是不满足他。可惜当时无人指破他的失处,且并未曾看过他的遗稿残编有许多大逆不道的说话,所以终为他所迷陷。此全是自家识见浅陋,窥他不破,而一时学人文士,多以他为文章宗匠,群然向慕他。所以山鄙无知,被他枉误,竟至于此。今日若不恭逢皇上圣德合天,洞悉致罪之有由,悯念陷罪之无知,弥天重犯之磔尸碎骨,灭门赤族,俱因吕留良之逆凶毒祸之所致也。今日使吕留良而在,弥天重犯当食其肉而寝其皮,岂但忿恨而已。此是心肝上的实话,天鉴在兹,如何欺罔得?

      十二、春秋战国时期的封土建邦、割据而治真的适合大清国情吗?  

      问曾静:旨意问你,所著逆书《知新录》内云“封建是圣人治天下之大道,亦即是御戎狄之大法”等语。三代以前,封建之制,原非圣人以为良法美意,万世无弊,而行之也。古者疆域未开,声教未通,各君其国,各子其民。有圣人首出庶物,而群然向化,虽不欲封建,而封建之势已定。是故圣人即因其地而封建之,众建亲贤,以参错其间。此三代以前之制,封建所以公也。后世干戈相寻,礼乐征伐之权下移于诸侯大夫,而乱臣贼子益多,至战国七雄并吞,而生民之祸极矣。其势虽欲封建,而封建之势必不可久。是以秦人乘便因势,混一天下而郡县之。封建之变为郡县者,其势不得不然也。自是以后,遂为定制。岂有去三代二千余年,而可复行封建之理乎?如欲复行封建,则三代以来,帝王苗裔,诸侯遗胄,皆湮失不可复知,而后世之勋臣,孰可以享茅土;后世之懿亲同姓,孰可以保万民。即分疆画界,置为万国,又何从得人而封建之乎?且以塞外蒙古言之,昔者各蒙古自为部落,亦互相战伐,至元太祖之世,而统于一。越有明二百余年,我太祖皇帝神武奋兴,遐迩归诚,而复统于一。我朝幅员广大,中外一家。为千古所莫伦,盖悉惟天时人事积渐使然也。至若封建以御戎狄,则尤为不通之论。曾静僻处东南,距边塞为远,妄意西北、中州各自为守可作藩蔽,为东南诸处假息偷安之计耳。不知前明之时,西北诸边各蒙古皆为劲敌,以天下之全力备御,而所在蹂躏,况以封建诸国,地方仅百余里,兵甲不满万人,遂能支拄门户,遏戎马之南牧乎?西北、中州诸处,既至离析残破,无以自存,则东南之人,虽欲安枕,亦何可得也?此其言至为愚陋无知,迂妄之甚者也。而叛逆之徒,动以封建为说者,盖自知奸恶倾险,不容于乡国,意谓封建行,则此国不可即去之他国,殊不知狂怪逆乱之人,如曾静辈,天地所不容,虽之海外何益?可问曾静,伊言封建之利是此意否?再如,曾静如此叛逆,天下可有容得他的国否?着他一一供来。

      曾静供:弥天重犯生处穷乡陋谷,胸次极狭,眼界极小,往昔狂妄无知,依稀影响,孟浪自信,以为窥探得管中之天。到今日蒙圣化所被,反思从前五十年发言行事,不惟如此经国大计,毫无当于事理,即寻常日用一言一动,亦不见一毫是处。是前头五十年,今已除落,不算人了。感皇恩浩荡,破格宽宥,做人当自今兹始。是前头的行,原不算人行;前头的话,亦不算人话。只为旨意问及当初立言之意,不敢不说明其实耳。,弥天重犯所云,封建是圣人治天下之大道,亦是御戎狄之大法者,只见得天下之大,一人耳目所及,心思所系,海隅之远,必有遥隔不到之处。而天生人材,有圣有贤,有贤之大者,有贤之小者,类皆有治民之责。以圣统贤,以大统小,错壤以居,事虽分于众贤,政实颁于一人,此古之王者,所以有封建之制。且其中礼乐征伐,虽出自于天子,而抚民之任,治民之责,则永属各国诸侯之长。非若郡县之此去彼来,彼此可以推委,且在任不久,视民常多泛而不亲,即有极意为民,立为法制,然政随人转,新旧交迁,实不免于朝张暮弛之叹。所以妄谓郡县不如封建之好,其实当时何曾穷源究委,晓得自家看错事理,不是如此。直到今日伏读旨意,乃知古圣人之制为封建者,因当时疆域未开,声教未通,各君其国,各子其民,封建之势已定,圣人不过因其地,顺其势,而封建之。初非以为良法美意,万事无弊,而行之也。后世礼乐征伐之权,下移于诸侯大夫,干戈相寻,至战国并吞而封建之势必不可久。秦人所以乘便因势,混一天下,而郡县之。是封建之变为郡县者,势不得不然也。况今日欲复封建,亦实无许多勋旧懿亲,可以保万民,享茅土,又从何得人而封建之乎?且封建之变,为郡县本积渐所至,今既为郡县矣,岂有复为封建之理。而我朝幅员之广,中外一家,亘古未有。实因百年之内,圣德神功,亦亘古未有。所以天与人归,大成一统,无外之盛,是以今日之不可封建者,理也,势也,天命也,民从也。至若弥天重犯谓封建以御戎狄,当日愚陋无知之论,诚如圣鉴,所谓妄意西北、中州各自为守,可作藩蔽,为东南诸处假息偷安之计之说。岂知西北诸边,各蒙古皆为劲敌,当明以天下全力备御,而所在蹂躏,况以封建之地小兵少,而能支拄门户,遏戎马之南牧乎?弥天重犯到此乃得如梦而初觉,深愧从前妄论,极为愚陋无知。而且感服我皇上聪明首出,神睿无微不昭,天下之大,何理不透;古今之远,何义不精;学问精神,卓识超越,虽极帝尧之钦明,大舜之睿哲,不是过也。弥天重犯从前狂怪逆乱,虽蒙圣朝宽宥,稍缓寸磔之死。然自知负罪弥天,无颜得立于世,久为天地所不容,尚有何地何国可以潜处,所不敢自就死地者,恐以蝼蚁之命,负天地浩大之恩,思欲留余息以图报无疆之大德于万一耳。 

      十三、边地民族全是无耻无状的小人,难道没有像尧舜一样的圣人吗?

      问曾静:旨意问你,所著逆书《知新录》内云“中国人之诡谲反复无耻无状者,其行习原类夷狄。只是恶亦是人之恶,天经地义,究竟不致扫灭。若是夷狄,他就无许多顾虑了,不管父子之亲,君臣之义,长幼之序,夫妇之别,朋友之信”等语。中国之人既有行习类乎夷狄者,然则夷狄之人,岂无行同圣人者乎?你说中国之人虽恶,究竟天经地义不致扫灭,今你这等逆乱君臣,上下之义荡然无存,且身罹重罪,有衰老之母,而毫不相顾;犯赤族之诛,门无噍类而不恤,殃及子孙,害及朋友,尚得谓之有君臣、父子、长幼、夫妇、朋友之伦理乎?曾静将天经地义,尽情扫灭,是禽兽不如之类,亦还有顾虑乎?着曾静回心细想,据实供来。

      曾静供:弥天重犯此等狂悖的说话,总因生平未到外面走过,并未接见一个外境人,兀坐山谷中,意想中外华夷之分,大约是如此,遂不觉狂悖,写放纸上。直至旧年到长沙,今年奉解来京,一路见得政教美盛,万物得所;复又伏读圣谕诸书,章章经天纬地,句句理精义透,不觉惊魂夺魄。始知天地之大,一理一气,无处不到。而近代之精英尽聚本土,所谓“东海有圣人出,此心同,此理同;西海有圣人出,此心同,此理同”者,今日方实信得。东海之圣人,其心理果与尧舜同世。若中国人物,则久已沦落不堪问。如弥天重犯生圣明之世,而竟不知有圣明之君在上,乃听信谣言逆说,大肆诋毁,虽圣人量同天地,包容群丑怨嗟而不计。然当身实已陷于极恶大罪而莫解。且不惟当身陷罪,君臣上下之伦,荡然无存,而堂有七十岁之老母,而不能顾,犯赤族之诛,门无噍类而弗知恤。若非皇上裕天地好生之德,开生民未有之典,将弥天重犯老母幼子宽宥释放,当此炎暑气候,必禁毙狱中,而莫能顾此。弥天重犯万死万剐,粉骨难偿当身之极罪。亦弥天重犯万死万剐,粉骨难报未有之洪恩。回心细想,到此实实天经地义,尽情扫灭,直禽兽不如了。尚得有人气乎?尚得谓之有顾虑乎?尚有君臣父子长幼夫妇朋友之伦理乎?万死万剐,罪尚何辞。

      十四、对于夷狄入主中原,难道一定要诛戮讨伐,而不能和睦相处、共图大业吗?

      问曾静:旨意问你,所著逆书《知新录》内云“夷狄侵凌中国,在圣人所必诛,而不宥者,只有杀而已矣,砍而已矣。更有何说可以宽解得”等语。曾静今日称功颂德,极口赞扬,可问你还是要杀,还是要砍,还是可以宽解,据实供来。曾静供:今日仔细检点,弥天重犯当身狂悖之举,狂悖之言,该死该剐的罪,尽是吕留良之说所陷。即如此等万剐不足以蔽其辜的说话,原不是从弥天重犯本心上说出来的,实因吕留良批《射不主皮》文,有云“弧矢之利,以威天下,圣人何故制此不祥之物?盖有所用也”句,推出这个说话,遂信以为实,而有是说。总之,弥天重犯识见浅小,学力不到,受他的著作语言蛊惑最深。所以到今日,当身受他的害更大。今日默自计来,凡旨意摘出所问的话,尽是弥天重犯当初错信吕留良的说话之所致。弥天重犯自己亦解说不出如何,误信至于此极,到今日亲见圣天子道德隆备,与天为一,学问高深,亘古未有,尊之如天,亲之如父,犹不足以惬其爱戴之诚,而万剐不足以蔽其辜的说话,尚敢萌之于心乎?尚忍萌之于心乎?此时此际,惟有稽颡流血,哀恳皇上终始垂怜山野无知,误受蛊惑而已,尚有何说?

      十五、大逆不道的吕留良真的能和孔子相提并论吗?

      问曾静:旨意问你,所著逆书《知新录》内云“开蒙书,叙道统,只该叙到吕子止”等语。曾静以孔子比吕留良,推尊诵法,心悦诚服之至,确是何见?曾静还是只就吕留良之著述文章因而信服,或是别有他故?今又极口痛斥吕留良之奸逆大罪,与前叙道统之意,迥然不侔。未知是真心痛斥吕留良之大逆乎?抑伪为怨恨而始终悦服推尊乎?据实供来。

      曾静供:弥天重犯从前之所以心服吕留良者,实无他为,因山野僻性,未有见闻。读书只心服三代的治体治法,尽美尽善。遂谓三代君德之大,是个体天;三代立政之本,是个为民。一切政治,皆是推本天心,为民筹画。其教养之大者,则有井田、学校之制,然世儒多以为不可复,唯吕留良的著述文章内以为可复,与僻性相合,遂不觉心悦诚服,推尊他直接孔孟之统者以此,实无他故。是当日之推尊吕留良者,原是为他的著述文词蛊惑之所致。今日明目张胆,极口痛斥吕留良者,实因得见他的遗稿残篇内,有大逆不道之语,甚而至于良心丧尽,天理全无,竟忍于讥诋圣祖。凡为赤子者见之,焉有不切骨痛恨之理。此又弥天重犯今日当身之大义,发乎天理,本于至情,合该如此,到此岂尚有一点伪为怨恨之心乎?在弥天重犯今日之当身大义,固当如是,但若非弥天重犯亲见皇上之圣德、圣治、圣度,如此亘古未有,从前即使见得吕留良之残稿遗篇,亦未必至于如此之极口痛斥也。然使不得见他讥诋圣祖皇帝处,又未得至于极口痛斥,如是之甚也。引弥天重犯心肝中吐出的实语,无一字欺隐。

      十六、你曾静自命为济世英才,你真的有“宰相之量”,还是心怀异谋,图为不轨呢?

      问曾静:旨意问你,所著逆书《知新录》内云“湘湾陈梅鼎,识见气节,乡人中罕见。某为他侄婿,一日某到,他迎接某,吾岳翁出见,乃大声指某曰:‘此诗礼大家,方正君子。’又曰:‘吾老三生平作事,惟择婿一椿,眼力高过天下。’又曰:‘贤婿有济世之德,宰相之量。’又生平极鄙薄当今,屡叹先朝衣冠文物,最喜茶陵陈元章,以为大丈夫奇男子”等语。

      据此,则曾静平昔以济世自命,心怀异谋,图为不轨已久矣。可问曾静,伊叔岳陈梅鼎与岳丈是何等样人?茶陵陈元章又是何等人?此三个人,如今现在何处?可供来。至若衣冠文物之语,最为谬妄。盖衣冠之制度,自古随地异宜,随时异制,不能强而同之。亦各就其服习,便安者用之耳。其于人之贤否,政治之得失,毫无关涉也。向闻无知愚妄之徒,轻诋本朝衣冠,有云“孔雀翎,马蹄袖,衣冠中禽兽”之语,其说至为鄙陋。夫以冠言之,则周有雀弁、鹿弁,汉唐有獬豸冠、貂蝉冠、冠之类,以衣言之,则《尚书》云:“山、龙、华、虫作绘。”

      汉、唐以来,有羽衣、鹤氅,以及雉头裘、狮蛮带之类,不可胜数。皆取禽兽之名状,以为服饰之光华,岂有自古以来,用此等衣冠之人皆为禽兽可乎?若夫治天下之道,惟在政教之修明,纪纲之备举,从来帝王全盛之时,君明臣良,朝野宁谧,万民安生乐业,不问为何代之衣冠,皆足以为文明之治。如其不然,则桀纣时之衣冠,即禹汤时之衣冠也。岂以衣冠之相似,而遂可以文明不坠,礼乐不废,不至于乱乎?如元代混一之初,衣冠未改,仍其蒙古旧服,而政治清明,天下又安。其后改用中国衣冠,政治不修,遂致祸败。即此可见衣冠之无关于礼乐文明、治乱也。且如故明之末年,衣冠犹是明之衣冠也,而君臣失德,纲纪废弛,寇盗蜂起,生民涂炭。区区衣冠之制,礼乐文明何在世?可能救明代之沦覆乎?我世祖皇帝统一区夏,戡定祸乱,救民于水火之中。圣祖皇帝继天出治,久道化成,海内承平,恩周万类。凡我朝之仁育义正,鸿猷善政,不及往古者何事?岂容以我朝之衣冠而有妄议乎!盖我朝起自东土,诞膺天命,本服我朝之衣冠,来为万国臣民之主。是上天大命集于我朝祖功宗德者,即天心降鉴在于我朝之衣冠,谓可表中州而式万方也。夫衣冠既为天心降鉴之所在,则奕世相传,岂容擅为改易乎!且如曾静以山野穷僻、冥顽无知之人,尚因妄逆之见,心念故明之衣冠,况我朝席祖宗之鸿业,奉列圣之成规,历世相承,已有百余年,岂有舍己而从人,屈尊而就卑,改易衣冠之理乎?又如今之外藩各国,衣冠之制皆多不同,我朝受其职贡,亦不必强易其衣冠也。况我朝一统之盛,抚有万邦,其衣冠安可轻议乎!着并问曾静,屡叹先朝衣冠文物之语,是何意见呢?

      曾静供:陈梅鼎是安仁县的百姓,于康熙五十二年老死。弥天重犯的岳父名国衡,是陈梅鼎之弟,亦是个百姓,于康熙四十六年病死。其子贫不能自立,于康熙五十七年搬往四川去了。陈梅鼎之子,今不知其在否。陈元章是茶陵州人,不知是士,是民,不在已四十多年矣。陈梅鼎是弥天重犯的岳伯,弥天重犯十七岁娶他的侄女陈国衡之女,十八岁到他家中有是话。弥天重犯之所以记说此话者,亦是因见得吕留良诗“稚子诧衣冠”之句,所以言得此处。这话皆是雍正五年丁未岁,因张熙至浙江,传得吕留良的诗看见,序有此话。其实当年与陈梅鼎说话时,并未有别意。陈梅鼎本是个农家乡人,未曾读书学问,如何晓得别样说话!其所称许弥天重犯为“诗礼大家,方正君子”者,是因见弥天重犯在他家中比常儿厚重敦笃,不佻达耳。许弥天重犯有“济世之德,宰相之量”者,为心多慈爱而量能容受。因弥天重犯原同居有个兄嫂,因夫妻不睦,兄将嫂改嫁到陈梅鼎邻家,陈梅鼎与是妇语言之间,妇称言弥天重犯处待得他好,所以说有宰相之量。妇复说弥天重犯屡劝兄不得嫁妻。陈梅鼎闻得此话,所以说弥天重犯有济世之德。至于陈梅鼎屡叹先朝衣冠文物者,彼时有七十余岁,大抵他服过先朝衣冠来,所以叹其好。喜陈元章以为大丈夫、奇男子者,弥天重犯不知得陈元章的底里,亦不知陈元章是个什么样人,相隔有五百多里。当时只闻得茶陵州有个陈元章,因得罪州官,州官要捉拿处治他,他随聚众围城,几乎起变,当即被捉伏诛。陈梅鼎之所以称他者,大抵是喜他以匹夫而不受制于官长之故。此是陈梅鼎反常异俗狂怪的说话。弥天重犯见得吕留良前诗句,所以记忆到此。至若谓衣冠文物之说,在弥天重犯有何知识定见,能剖决其中道理丝毫不易而有是说,此乃听得这些俗儒鄙陋议论,不察其理,遂妄有是说。今伏读旨意,广大精深,惊天动地,乃知本朝衣冠之制,原是随地异宜,随时异制,全以道为归,初未尝有意立异,亦未尝强以求同。此正所谓上律天时,下袭水土而无私者也。观此则知本朝一切礼乐刑政,经天纬地之制,无一不顺天因地,因物付物,宜乎冠百王而超千古。弥天重犯得闻斯义,不惟当身喜极快极,冰释雾开,且私幸此说一出,竟足以破千古愚陋疑团。因思从前几多误听谣言处,皆是为心中愚暗,窥探义蕴理奥不到之所致。当时若有高明指示,当前妙理精义之所在,心中未有不喜悦诚服者。如今衣冠之说,从前未尝不因人言而心疑,今得旨意如此煌煌指示,虽木石也会动心点头,弥天重犯到此更有何说!只有叩首,叩首,干万叩首!将此段议论记于心,口传于当世,以解陋儒之疑。若得蒙恩宽宥,德教所被,期以数年,当身学问觊有寸进,笔传于万世,以为百王立政之准而已。

      十七、程颢提出的选拔人才方法在宋代已经证明行不通,难道能够在本朝实行的通吗?

      问曾静:旨意问,前曾静供内有“国家取士之法,宜当参用程明道所议宋熙宁间取士,损益斟酌行之方为更美”之语。查程子熙宁取士札子云:“宜先礼命近侍贤儒,各以类推及百执事、方岳州县之吏,悉心推访,有笃志好学,材良行修者,皆以名闻,命州县敦遣。”

      朕于雍正元年,即有举贤良方正之恩诏。迩年以来,有令各省州县延访孝友端方,才可办事,而文亦可观者,每岁各举一人之谕。又有六年选拔贡生,不拘考试名次,务取经明行修者之谕。又有令满汉内外文武诸臣,将有猷、有为、有守者,各举一人之谕。又有令中外诸臣,在京主事以上,在外知县以上,各举所知,或举贡生员,或山林隐逸,送部引见之谕。是程子所议,皆腾已行之事也。无如举贤良方正,则各省举者寥寥。惟福建巡抚黄国材荐彭鹏之孙二人,皆童稚无知,学识浅陋,不堪任用。至浙江巡抚李馥所举贤良方正,竟系积恶巨棍,夤缘荐举,后经地方大吏察出纠参,赃私累累,款迹狼藉。观此,则贤良方正之举,可尽信乎?自三代至汉,用乡举里选之法。迨其后,刺史守相,得专辟召之权;九品中正,得司人物之柄。用人之权不在上而在下,其势不可复行,于是改为糊名易书,以文艺科目取士。盖言为心声,人之文章,先由积学深造而成,尚可以略知其人之蕴蓄。若专取行谊,则必有伪为涂饰以欺世而盗名者。且心术至难窥测,每见曲谨自好之徒,一旦改涂易辙,即可无所不为。是以《汉书》史臣之论,谓“直言独行,高节沉隐之属,荣路既广,遂有窃名伪服,浸以流竞,权门贵任,请谒繁兴”者,可知前代德行之选,已不足为铨衡之准则,何如科场文艺之稍有凭据乎!

      宋臣郑樵谓“科甲一途,虽非古人德行之举,而犹可以得才能之士”。其言信而足征也。且朕用人之道,并未尝限于科甲一途,乃多方鉴拔,惟日孜孜,冀获贤才,以为莅政临民之选。用心甚苦,而其事甚难。此在廷诸臣所共知者,又岂程子奏议一格,所能尽朕求材之意乎!至于程子所云,取材能明达之士,受业于成德之士,其学业大明者为太学之师,其次分教天下,由州郡而县,以次而用。三岁宾兴,优者自县而州郡,自州郡而太学,以此递迁;劣者以此递降。欲以化成天下,其说迂远而难行,是以当熙宁之时,已不能见诸实用,况数百年以后乎!且今之选拔,即古贡士之法,而朕数年以来,用人之道,亦可谓详且尽矣。曾静以为当参用熙宁取士之法。

      试问曾静,熙宁取士之法果有实效否?今当何如斟酌损益,方为尽美?可详悉供来。

      曾静供:弥天重犯本山野愚民,从前谬发狂言,固是井蛙之见,无当事理,然亦因平昔不知我皇上之所以因时立政致治政策敷猷者,其中损益变化,既详且尽,不惟非今人之谋虑所得及,并非从古圣贤之筹画所能备。直到今日,方知神化广运,无处不到。生天地之内,只有顺天地之化而已,又焉知天地之高厚哉!天地之高厚且不知,又焉知天地之大,造化之所以然哉!况当此极恶重罪之会,虽屡蒙皇上如天之仁,钦恤无知,沛生民未有之殊恩,宽宥重典。然在弥天重犯自悔自愧,惶恐战栗,自是无时无刻可释于怀,岂但感恩戴德,昊天罔极而已!又焉敢妄抒蚁见于经国大计万分中之一乎!不意我皇上宵旰图治,孜孜为民,既无一时少懈,复无一处不到,今明旨下颁,竟以前供取士之法,如何斟酌损益方为尽美,许弥天重犯详悉再供。自古算君德之备,君道之尽,以尧舜为极。然孔子称舜为大智,在不自用而取诸人,其言曰“舜好问而好察迩言”,其所问察世,亦只曰迩言而已,未闻察及于深囚重犯,不足齿数之人言也。况弥天重犯之山野穷僻、冥顽无知更甚者乎!于此可见我皇上虚中之极,用中之精,视当年大舜更进而上无疑矣。是不惟宽宥弥天重犯之重典,为沛生民未有之殊恩,即今日许弥天重犯之再供,亦属生民未有之大德。由是看来,我皇不特为明君、圣君,缵往古圣贤之绪而已,直继天立极,开万世之君统,立百王之大法,于天运再辟再造之中世。弥天重犯虽自量愚顽,本无说可以敷奏,然当此生民未有之盛会,焉敢不竭一线之明,因前供所未详悉者而直供之,以仰副我皇上好问好察、勤求不倦之至意。因思前供所谓程子取士之法者,彼时无知,妄谓古昔帝王治天下之道,皆是争先一著之法。如欲禁民为盗,不在盗上禁,要推其为盗之源,或是为饥起念,或是为寒生心,如何设法安置,使之农桑不失业,衣食饥暖,则盗自止。又如欲士习善行,亦不专在行上引,要先使之通道德、明理义,道德通,理义明,则人自乐于为善,虽强之为恶,亦不去矣。以此推之,事事皆要争先一著,虽极之日用寻常、百工末技、农圃医药之小,亦必要从原本上做来,方得妥贴,况治天下之大乎!所以当时妄意谓要取士,必以教士为先,教土又必以明理义、通道理为要。然欲教士明理义,通道德,必先择教官之理义明、道德通者,方可以当其职。此弥天重犯前供谬妄,谓当参用程子所议熙宁取士之法者,大意谓先要教士得法,教士得法,系于教官,又先要教官得人。

      今伏读旨意,方知我朝取士之典,除科举外,有举贤良方正之恩诏;有令各省州县延访孝友端方,才可办事而文亦可观者,每岁各举一人之谕;有选拔贡生,不拘考试名次,务取经明行修者之谕;有令满汉、内外、文武诸臣,将有猷、有为、有守者,各举一人之谕;有令中外诸臣,在京主事以上,在外知县以上,各举所知,或举贡生员,或山林隐逸,送部引见之谕。猗钦!何其盛欤!此不惟当年程子所议熙宁取士一格所不能尽,且自古隆盛之朝取士之典所不能备。弥天重犯至此,因感念我皇上一种忧民图治之苦心,体天求贤之至意,不觉泣下,移时不能言。其所以为我辈赤子抚绥谋者,亘古来有如是之我后乎!况监前代德行之选,不足为铨衡之准,勘出科举文章之发,尚由积学深造而成,尤无弊不彻,无隐不烛,皆历历如数家珍,若分黑白。以是思我皇上之用心甚切甚周,抑且良苦矣。

      夫以取士之方,如是之广,得人之念,如是之笃,宜贤才汇登,多士济济。而天下所荐举,间多不能仰副我皇上之深愿者,固是人才难得,然亦无乃在下之有司,以他政为急,视此荐举为稍缓欤!岂知我皇上治天下以得人为先,尧以不得舜为己忧,舜以不得禹、皋陶为己忧。自古政治之休明,生民之乐利,全视乎在上之得人,即为微末之邑宰,亦必以得人为先。所以子游为武城宰,圣人不问其他必先问其得人与否。诚以人才所关于政教风俗为至大而且重也。所以谕旨煌煌,广开仕路,立贤无方者,正为得人为治天下所必选之政。而今日之少能荐举与荐举而不实者,无乃有司视为泛常,而各省督抚亦少以此为事,而责望于所属之有司,所以至此。若使督抚以及有司执事知得为政必得人为先,仰体圣心,认真职分,在外早夜不遑,悉心推访,何患人才不得!自然千中选百,百中选士,可以仰副我皇上惟日孜孜,冀获贤才,以为莅政临民之选之德意。

      至若谓程子所云,取材能明达之士,受业于成德之士,其学业大明者为太学之师,其次分教天下,由州郡而县,以次而用,三岁宾兴,以此为黜陟。欲以化成天下,其说迂远而难行。今日得明旨剖分,反复看来,果是迂远难行。然我朝取士之法至矣,尽矣,无以复加矣。惟养士之典,稍有未备。弥天重犯因古法贡士,必本于乡里,而风俗适与人材相通。曾见有蓝田吕氏乡约,经朱子斟酌增损者,其纲领甚切,其节目甚密,其联络督率之法更精详美备,有关于德教风化甚大而远。大纲有四:一曰德业相劝;二曰过失相规;三曰礼俗相交;四曰患难相恤。每纲之下,类分节目,节目所载,准古酌今,更为尽善。乡中择一老成有齿德者为都约正,其次者为副约正,更择子弟中之端方正直、通道义而能文辞者为直月。直月每岁十二人,轮流掌其事。立三籍。愿入约者,书一籍;有善,书一籍;有过,书一籍。近者每月一会,远则每季一会。择四达之处立一约所。直月先期循环纠察同约中之善行与过行。临约之日,行礼读约毕,约正及同约以次就坐,酒三行,直月举约中之善与过,告于约正。约正当众询其实状,无异词,然后书于籍。善则约正率同约奖励之,过则约正率同约规戒之,仍将善、过两籍遍传在坐者观省,然后许各人就约所质疑问事,讲辨道理,区画家计,以及论文习射,至脯乃退。其中纲张目举,仪文度数,最为精密。

      弥天重犯妄谓今日于科举取士之中,似当取此全文,恳祈我皇上天聪,参以时宜,斟酌损益,颁行天下。敕令督抚责委有司,每县视地之大小远近,多立约所。不拘士农工商,居其土者,皆许其入约。读约之会,先将圣祖皇帝上谕十六条及我皇上圣谕广训宣读毕,然后取此约大纲细目,依其仪节,次第读过,讲解一遍。或并列祖圣德神功及前后所颁政令,凡有关于风俗民事者,俱着令有司行文到乡约中宣示。

      盖小民不知上之德教者,由于居乡之日多,到县城之日少,或又不通文义,不能仰会上意。今各乡有约,每月一会,得约正,直月等讲明,心下自无疑团,各知上意,且记善有籍,记过有籍,民固知劝惩,而乐于为善。即异日有司荐举,亦必先察此二籍,必有善而无过,与过而能改者,然后试之以文艺,文艺可观,然后得蒙荐举。如此则不惟荐举本于乡里,善恶无毫发之爽,可绝欺罔清托之弊。而且情文密而壅睦洽,教化明而礼乐兴,道德同而风俗一,人人相勉于善。他年科甲举子之从乡约中历练来者,岂不更有可观者乎?夫乡约本朝廷所已颁行之典,但联络无方,约束无法,彼此善恶之行不著,友朋规劝之义不行,早晚情谊不关,往来督率无人。甚至山州草县只行之于城而不行之于乡,讲之于官而不遍通于民。不唯善恶无人纠察劝戒,即宣讲亦多不能依期奉行,在官固视为泛常,而民之听之亦或作或辍,有来有不来。况居乡者多,在城市者少,乡民离远,无人督率,虽有讲宣,如何听见?即如弥天重犯所居,离城市远,县中讲约读法之事,生平并未撞逢一次。如所颁圣谕广训及我皇上斟酌取士之法,从前不惟不曾目见,并未曾耳闻。直至近日,伏读皇上圣谕,中间有圣谕广训序文,持以问人方知。

      从前只晓得圣祖皇帝上谕十六条而已。况乡人中之全不通文理者,如何晓得?似此法亦简易易行,但要责令有司实心奉行。若能天下之大,县县如此奉行,每县之中,到处如此宣讲行习,道德齐礼,其治效岂有极哉!况此规制既成于各县各乡之中,凡有善政善教,皆可照此仪节,遍晓民间。不惟无上行而下不效之患,且君民一体,呼吸竟可相通矣。弥天重犯山野冥顽,本不知是非可否,但管见及此,不敢不尽情直供。伏祈圣明,取此约全文,详览规制,裁夺可否为幸。

      十八、雍正钱发行不久,不能普遍流通,你便造谣“雍正钱,穷半年”,是居何用心?

      问曾静:旨意问你,所著逆书《知新录》内云“即观铸钱一事,自癸卯到今六年,尚铸个钱不顺。勉强铸就的,糊糊涂涂,不明不白,民间无人肯受。谣曰:‘雍正钱,穷半年。’若身上有一个雍正钱,即投之沟壑”等语。制钱为民间日所必需,务宜轻重适均,流通无弊,方于民生有益。钱文字画之清楚与否,皆关铜铅之多少,此人人所知者。

      向年圣祖皇帝时所铸制钱,以铜六铅四搭配,虽钱文字画清楚,而铜多于铅,遂有奸民销毁制钱改造器皿者,因而钱价日昂。康熙四十五六年间,每银一两仅可兑钱七八百文。朕在藩邸时,深悉其弊,是以令钱局以铅铜各半搭配鼓铸,使奸民无销毁之利。又严黄铜器皿之禁,方得钱价渐平。今银一两,可兑制钱一千,小民并受其利。其钱文字画虽未甚精工,然惟铜铅相半,方能禁止销毁,而制钱可得流通便民,并非吝惜铜斤而多加铅两也。且铸钱由模范而成,其样钱谓之祖钱,轮廓匀厚,字画完整。由祖钱套出,谓之母钱,即逊于祖钱。再由母钱套出,是谓铸钱,今民间日用之官钱也。较之祖钱,更不逮矣。盖即一板之内,所铸二枝之钱,下沉者必重,在中者适均,在上者必轻,而字画亦因之而不能一式完美。此从来铸钱皆然,非独今日之雍正钱为然也。乃曾静不知钱法,信狂妄之说,遂肆讥议,任意蛊惑咒诅,何殊昏梦中之呓唔乎!

      至云投之沟壑,尤为可笑。民间所有之钱,必以银两兑易而来,岂有以银易之物而委之沟壑乎!至于贸易之人,当其受钱之时,必细视钱文而后交易,若以雍正钱为不祥之物,孰肯收受!况既以货物售卖,人虽至愚,孰肯以银与货物换得之钱而轻弃之沟壑也!今直省内外,果不肯用雍正钱文乎?即如曾静之家,至为贫薄,然囊箧中亦必有制钱收贮,然后可以易米买薪,何以不投而弃之乎?

      江南地方,因雍正钱文尚少,元年、二年间,有以旧钱十文易一雍正钱以为宝玩者。其重雍正钱文何以又如此?向湖南之人情与江南迥别乎?至于铸钱未能流通普遍,此则事理之常,明而易见者。圣祖皇帝在位六十余年,康熙铸钱尚有流行未到之处。又如广东高、雷、廉等府,至今尚用宋时旧钱,并元、明代之钱亦流通未至。自雍正元年以来,甫及七年,所铸钱文,欲令遍及天下并荒僻之处,亦有是理乎!曾静所闻谣言,确系何人传说?曾静果否亲见投钱沟壑之人?其人系何姓名?确在何处?可据实供来。

      曾静供:此等狂悖说话,弥天重犯当时无知,听得人言如此,遂不穷究其事理,信以为实,随手写记放在纸上。其实到今日看来,无论人言己言,皆该杀该剐,尚有何说分解得!盖缘弥天重犯所住之地离城市远,无交易买卖,即间有买卖,亦是用稻谷,不惟不使钱,竟少有用银子。穷民无所出息,亦无处交易得银子,所用者只有谷耳。惟富户积得稻谷多,方以谷去卖得银子用。至若钱,则无论康熙钱,雍正钱,皆未用。皇上御极之初,雍正元年、二年、三年,雍正钱流通未遍楚疆。弥天重犯彼时心下常想求雍正钱一看,以为此是新天子的通宝,以此去问人,而人间有自城市中来者,遂妄传以为雍正钱铸不成。

      后又逾年,心下实要想求雍正钱看而不可得,又去随使问人,谣传遂以为如今新皇帝因铸钱不成,杀了几多铸匠。弥天重犯此话固不肯信,然无奈乡愚小民,不通钱法,每多如是说。后弥天重犯偶得一二雍正钱,细验其钱文字画,果不十分清楚。先疑以为模范新制,恐是初铸,所以未甚精工,后来再看,亦复如是。那会雍正钱少,到街市上用康熙钱熟识,又见得雍正钱文字画不完美,不知从何处遂造出这个谣言来。无知小民听得此言,遍传于乡里,弥天重犯心中渐次受了谣言悖论之毒,又加以不通钱法,解这钱文字画不清楚的缘故不出,遂不察而信以为实。直至雍正六年春,狂悖将萌,竟把此事做一个验证。

      其实到今日伏读我皇上旨意,方晓得钱文字画之清楚与否,原关铜铅之多少。康熙钱文字画清楚者,由于铜六铅四,铜多于铅;雍正钱文字画未甚精工者,由于铅铜各半。其铜多于铅,则致奸民销毁制钱,改造器皿,而钱价日昂;其铜铅各半,则奸民无销毁之利,而制钱可得流通便民。细思到此,全是我皇上一段爱民苦心,经天纬地的学问,方能鉴别物理之所以然,察照民间之积弊,直从源头整理下来,此岂寻常之智虑所能窥测万一!况钱有祖钱、母钱、铸钱,即一板之内,所铸二枝之钱,下沉者必重,在中者适均,在上者必轻,而字画亦因之不能一式完美。小民不知其由,竟以钱文字画未甚精工,遂从此妄生议论。而弥天重犯不知钱法,亦妄信而附和之,万死万剐,自如何辞!但念小民虽顽,天性亦难泯绝,未有不知爱戴君亲者。其所以狂悖如此者,实由于心中无知,不知圣天子之德意。其所以不知圣天子之德意者,又由于宣传之未遍。即如我皇上禁取黄铜一事,弥天重犯耳闻,亦有几多说话。山野无知,不解取铜禁铜之故,甚有谓我皇上欲取尽中国之铜,解往满州地方,熔铸以为宫殿者。弥天重犯虽心知谬传,然亦无话可解答。离县城远,未见衙门所张挂告示如何说,在外只有取铜禁铜之令,中间并未说出取铜禁铜之由。小民无知,焉得不妄生拟议!拟议出于一二人之口,传者遂遍递于千百人之耳。直至今日伏读圣谕,方晓得禁铜为防奸民销毁制钱,改造器皿,钱价日昂;禁铜不用,则钱无所毁,而价可渐平,民得利用。是我皇上几多深仁厚泽,为民善政,远鄙百姓,皆为心中不知,糊涂浪过。此弥天重犯前供乡约内,所以说到朝廷所颁政令,凡有关于风教民事者,须要在乡约中宣示,正为此类也。至若谓投之沟壑,从前不深究其事理,遂误听以为果有是说。今得明旨,反复推勘,而复心下思索,不惟信得无是理,且天地间并无是事,何其诞妄一至于此极耶!

      总之,愚民类多无知而悖谬,实非有心以肆妄。况毁谤讥议出于小民无知者之口,本无损于圣天子明德,而御极初年之毁谤,尤是以圣德神功之远大。盖有非常之主,必有非常人所得知之猷谋。众见未尝不惊,不知者未尝不疑,惊疑交集,此谤之所由生也。是以帝尧承帝喾之后,自唐侯而陟践帝位,始三年而谤作,又三年而颂兴,又三年而谤颂悉泯,乃得“不识不知,顺帝之则”。况我皇上初潜之时,韬光养晦,无求无欲,只尽己性分之当然,并未尝稍露一毫声光于人间。龙德中正,不惟非天下所得知,并非在廷诸臣所能识。惟我圣祖皇帝聪明未纵,本父子之亲,以圣知圣。早知我皇上天禀贵重,蕴蓄美富,为能聪明睿智,足以有临。然亦只以是存之于心,而不肯扬之于众。直至圣躬不豫,委以南郊大礼,方知我皇上圣德神谋久为圣祖皇帝所深契。所以当我皇上御极之初,一切政治,经天纬地,天下莫能仰测高厚之所以然,加以阿其那、塞思黑等久蓄奸谋,散布流言于山陬海隅,小民无知误听而起疑生谤者。

      以今看来,实属理势之所必至。如此等说钱的话,亦是二年、三年事,到雍正五年、六年来,实无人如此说,今若究问传说的姓名,此是深入乡愚,只听人如此说,亦依口学舌如此说,原是不识不知,随声妄和,今日如何记得哪一人说?指得哪一人姓名出?在弥天重犯固冥顽无知,然尚稍识得一两个字,稍通得丝毫义理,且不免以讹承讹,传妄踵妄,按其罪过,该杀该剐。其实在今日就杀就剐,浑身寸磔,亦抵当弥天重犯许多罪过不得;况蚩蚩之众,较弥天重犯之无知更甚乎!我皇上德量同天,明睿并日,今日实是弥天重犯万死万剐罪不容诿。其余传说,同在覆冒涵育之内者,惟恳矜之恤之,悯念小民之无知陷罪而已,如何妄扯得别人!

      十九、为什么山西百姓争先恐后为国效力,忠诚爱戴朝廷,而湖南竟有你这样猖狂悖逆之徒?

      奉上谕:据山西巡抚石麟奏称:“晋省绅士百姓,愿将军需应用之驼屉、苫毡、绳索三万副,从本地自备车骡运送,至归化城交收。臣等遵旨,令地方官给价雇送。而各属士民,挽车策骡,争先装载,给以脚价,感激涕零,稽首称谢,不肯领取。急公效力,旷古所稀”等语。着将此折令杭奕禄发与曾静看,并讯问曾静:湖南、山西同在戴天履地之中,何以山西之民踊跃急公,忠诚爱戴,实能视朕为后;而湖南之民,乃有猖狂悖逆、肆恶扰乱之徒如曾静等,至于视朕如仇?此朕所不解。着讯取曾静口供具奏。

      曾静供:弥天重犯禀性愚顽,不知天高地厚。然圣人在上,恩深德大,感化到至处,虽木石亦知倾向起舞。是以数月以来,感恩被化之深,白昼对人,虽是无言可以称述,然梦寐恍惚,对人言及皇恩圣德,惊惶感泣,几次流涕痛号至醒,犹有不能自止者。以是知秉彝之良,原未尝尽绝,特从前偶为外诱浮言所惑乱,不知圣德高深万一之所致,非本性与人异也。今蒙恩旨,以山西巡抚所奏,奉旨动用正项钱粮,制造骆驼绳屉等以备军需。抚臣遵旨,动银给发通省。而通省士民咸称我皇上宵旰勤民,爱养百姓,直如赤子,安享升平。无以为报,情愿自备骡车,各从本地运送,期效犬马之劳,感激涕零,稽首称谢,不肯领受脚价折奏等情,命弥天重犯阅看。弥天重犯因思君臣一伦,至大至重,分虽有尊卑之别,情实同父子之亲,本于天命之自然,无物不有,无时不在,通古今,遍四海而未尝有异也。民之乖戾,不供顺其上,固是民之无良,然亦半由在上者不以民为子,或子焉而德惠偶有未洽于民,或及民而有司不能宣扬上意,以致民或不能以君为后,即或后戴其君,而不能至诚赤忠,实尽我赤子之道者,往往有之。若果能以民为子,食思民饥而为之谋其饱,衣思民寒而为之谋其暖,一体,每念不忘其民。则君民一体,民自不敢有其身,不敢私其财,不敢恤其力。虽赴汤蹈火,亦不肯避矣。然此虽有其理,从古未见有其事,不惟汉、唐、宋、明如文景、贞观、熙宁极盛之时所无,即三代郅隆之世,亦所少见。惟文王上承十五王之积累,下开八百年之太平,太和融洽,至德深仁,沦肌浃髓,见于经者,方有“庶民子来”之事。不然,以尧舜之德,亦难期此圣神功化之极救也。

      今我皇上子惠元元,时时刻刻以爱养抚绥为念,至德深仁,无隐不入,无处不到。所以天和萃聚,丰稔频登,民心爱戴,顶踵思捐,以期踊跃争先报效万一者,将遍宇内而皆然矣。何况山西省近京都,感德被化,尤为最先而更亲者乎!惟有湖南隔远,民习又夙浇漓,加以奸党犯罪充发广西,往来通衢,布散流言,传闻道左。致使圣德声称,湮郁未洽,然到今云开日丽,快爽欢欣,舆情谅是不同寻常爱戴。况我皇上治化,已几刑措而道德齐礼之教,犹时轸念远方,已蒙差使往湖南观风整俗矣。今又蒙恩旨,着弥天重犯往湖南观风整俗使衙门听用。弥天重犯虽愚陋不堪,然数月以来,被我皇上德教,耳闻目见京都风景,亦颇粗知圣教之万一。纵不能有所赞助裨补于观风整俗使之前,然以当身所感我皇上之德,被我皇上之恩,尽心竭力,以直道实,逢人说项,亦得期赎重罪之毫末。但念犯罪蝼蚁,自揣不足取信于人。所赖者,惟我皇上大德至诚,既可感召天和,屡奏成效,必能孚及豕鱼,而四方风动,从欲以治。自是家喻户晓,人人咸思尊君亲上,民情必不减山西爱戴之隆矣。

      二十、有人诬蔑你的父亲有盗窃的劣迹,母亲有淫乱的行为,你能不加审查便将父母唾骂一番,甚至著书立说到处宣扬吗?

      奉旨讯问曾静:你看了山西巡抚石麟奏折,供称“君臣一伦,情同父子,四海未尝有异,湖南民习浇漓,奸党犯罪,充发广西,往来通衢,布散流言,致使圣德声称,湮郁未洽”等语。夫“扶我则后,虐我则仇”,古有是语,朕于普天之下,一视同仁,湖南、山西之民,固皆抚之如子也。山西民俗醇良,感召天和,连年丰稔,无待朕之大加恩泽。湖南民俗浇悍,乖戾之气,上干天谴,以致浸间作,荒歉屡告。朕叠沛恩膏,所以子惠而抚绥者,不一而足,尚不得为抚我之后乎!朕揣山西之民,所以趋事赴功者,盖因圣祖仁皇帝六十余年深仁厚泽,浃髓沦肌,是以一遇国家公事,即输诚效力,踊跃争先,如此肫切。试问湖南之民,独不受圣祖六十余年之恩泽乎!即据曾静前供,圣祖宾天之时,亦尝哭泣尽哀,持服拜祭。夫既感圣祖之深恩,顾不念及朕躬乎!人情于亲戚朋友,素相契厚者,或闻其子孙有过失,则必曲为之掩护;或闻其子孙被谤议,则必力为之辨白。况于君臣之间乎!伊之于朕躬,万无忍于排斥之理,况以毫无影响之流言,不察真伪而便肆为诬蔑,敢行悖逆,尚得谓有人心者乎!伊既知君臣之伦,情同父子,今有人诬曾静之父有盗名,捏其母有淫行,曾静闻之,忍不与之辨乎?忍不察其言之虚实乎?抑不问其虚实,遽将其父母丑诋唾骂,且著书立说以扬播之乎!伊称往来奸党布散流言,被其煽惑。夫奸党充发往来之所,不止湖南一省也,即山西地方岂无此等逆党之流言!乃从无一人被其摇惑煽动者。独湖南奸民如曾静之辈,一闻奸徒之蜚语,即起叛逆之心,谓非其性与人殊者乎!且“抚我则后,虐我则仇”之语,亦非正论。

      夫君臣、父子皆生民之大伦,父虽不慈其子,子不可不顺其亲;君即不抚其民,民不可不戴其后。所谓抚我则后,虐我则仇者,在人君以此自警则可耳,若良民必不忍存是心,唯奸民乃是以借其口。然人虽甚无良,亦断无有以抚为虐者,朕于湖广已实尽其抚民之道,而不意曾静辈犹视朕如仇也。至曾静蛊惑于华夷之辨,此盖因昔之历代人君,不能使中外一统,而自作此疆彼界之见耳。朕读洪武宝训,见明太祖时时以防民防边为念。盖明太祖本以元末奸民起事,恐人袭其故智,故汲汲以防民奸;其威德不足以抚有蒙古之众,故兢兢以防边患。

      然终明之世,屡受蒙古之侵扰,费数万万之生民膏血,中国为之疲敝。而亡明者,即流民李自成也。自古圣人感人之道,惟有一诚,若存笼络防范之见,即非诚也。我以不诚待之,人亦以不诚应之,此一定之情理。是以明代之君,先有猜疑百姓之心,而不能视为一体,又何以得心悦诚服之效!先有畏惧蒙古之意,而不能视为一家,又何以成中外一统之规!虽当时蒙古之人,亦有入中国者,然皆闲散不足数之辈耳。若因此遂谓蒙古之人臣服于中国,则当时中国之人,亦有入蒙古者,是中国亦曾臣服于蒙古矣。至于我朝兴自东海,本非蒙古,向使明代之君果能以至诚之道,统御万方,使我朝倾心归往,则我朝入中国而代之,亦无解于篡窃之名矣。

      乃我朝自太祖、太宗以来,浸昌浸炽;明代自万历、天启而后,浸微浸熄。明代久已非我朝之敌,彼自失天下于流民,上天眷佑我朝为中国主。世祖君临万邦,圣祖重熙累洽,合蒙古、中国一统之盛,并东南极边番彝诸部俱归版图,是从古中国之疆域,至今日而开廓。凡属生民皆当庆幸者,尚何中外,华夷之可言哉!曾静有何辨说?据实逐一供来。钦此。

      曾静供:弥天重犯山野无知,于人事无一得通,自犯罪以来,只有惶恐战栗,万死待罪而已,更有何说可以分辨?今承高厚之恩,复降谕旨语问。反复细读,字字句句皆发从古圣贤所未发,义蕴精深弘博,已到至处极处。在弥天重犯实无一言可以分疏、解免其罪,但自计当初狂举之念,处处皆从不知圣德高深,错执人言起见。因念人之五伦,虽有人合、天合之分,其实皆本天而出,根性而具,所以圣人谓之达道。惟其谓之达道,所以通古今、遍四海而不异。五伦之中,又惟君臣、父子为更大。君臣虽从义生,而以人合;父子虽从仁出,而以天合。其实君臣之伦,大过父子之亲。盖以父则对子,其尊只在子一身之上;君乃天下万物之大父大母,其尊与天配,在万物之上,故五伦以君臣为首。而所以处之者,彼此有当然各尽之道,本不相期待。在君之职以天自处,所以一切寒暑怨咨有不屑计;而为臣为民者,一身之生杀,唯君所命,不敢以私怨生怼叛之心。虽圣人说:“君使臣以礼,臣事君以忠。”

      两边平放,其实不相期待。臣之忠君,乃天命之自然,不是因君使臣以礼而后臣得事君以忠,所以朱子注云:“二者皆理之当然,各欲自尽而已。”玩“理之当然”四字,见得臣之忠君,原从天出,不是报答君恩。君加恩于臣,在臣固当忠君,即不加恩于臣,而臣亦当忠。诚如圣谕所示:“父虽不滋其子,子不可不顺其亲;君即不抚其民,民不可不戴其后。”

      盖臣之忠君,乃天命之当然,所性之自然,岂计君恩之轻重哉!试看文王遭纣之昏乱而不改小心服事之节,圣人称为至德。曾子作《大学》传,释“止至善”章,引文王作榜样,以为止善之极则,曰:“为人臣,止于敬”,而不及汤武者,正为此个缘故。今谕旨谓“抚我则后,虐我则仇”非正论,正合文王、孔、曾之旨。盖“抚我则后,虐我则仇”,乃武王将伐纣而誓师之权词。汤武之事,本非圣人之得己,但所遇之时不同,究其极而仍合于义耳。初非其所乐为,而可以为法于天下后世也。故必有汤武之至德深仁,而又遇桀纣之昏乱失德,以汤武而遇桀纣,又要看天命,验民心,方可行得。然在圣人心中,终是不满,终不免以此为惭,岂后世莽、操等所得借口乎!盖圣人处此,只为常经到此穿绝,理势不得不变,所以就时地上裁制,不得已而为古今之通义,以持续天理耳。故此一种道理,非大圣人不能用。所以圣人说个未可与权,虚悬此理于天地间,而未敢轻以许人耳。今我皇上因父子之亲则剖析分示,推出此理,兼使弥天重犯得以闻所末闻,此诚不幸中之大幸事也。

      因回思我皇上子惠元元,尽六合而皆然,所以抚绥我辈赤子者,本元间于山西、湖广,而山西之民醇良,湖广民俗浇悍,几烦圣虑,叠沛皇恩,以尽抚我之道。今圣德谦光,圣教诚笃,深仁厚泽,归美圣祖。于此见湖南之民,不唯沐我皇上之深恩,当思忠顺,以事其上,即推想圣祖至德,亦无不当输诚尽分以竭其忠。

      况为民当身正义,处覆冒之下,既食毛而践土,君即不抚其民,民不可不仰戴其君者乎!思量到此,弥天重犯虽粉身碎骨,不足以偿万剐之罪,更有何说可以解脱!况弥天重犯既知感圣祖之深恩而持服尽哀,独不思推圣祖大德于我皇上而思忠孝顺?今明旨诘问及此,虽木石亦当动心,况弥天重犯身带血气,有不割肝泣泪者乎!所痛恨者,只为自居山谷,我皇上御极初年,大德尚未遍洽,即为奸言先入,以此递递叠闻,遂尔步步生疑。唯其有元年之流谤在心,是以后此之谣传得以入耳。而奸党造谤之大,皆与圣祖皇帝为仇为敌之事。以弥天重犯当日看得君父之伦重大,痛当身受圣祖皇帝四十余年抚绥之恩,吃紧此义,不觉透骨彻髓,只思报效于圣祖,思为圣祖皇帝之忠民义士,于义合当为圣祖皇帝舍身致死,以是妄萌悖逆之念,甘蹈赤族之诛而不辞耳。即谓惑于吕留良之悖论,在当时尚属第二、第三义。逆书虽有其说,然亦是看得君父之伦重,故以是劝岳钟琪耳。其实多为感圣祖皇帝之深恩大德起念,所以圣祖宾天,弥天重犯持服尽哀,发于至性。在当时悲思,竟有不堪对人者,每暗地流涕拭泪,在己亦不自知其何以至是。原无意于人知,以为忠孝是读书人本分事,为各人自尽之道,岂敢希冀人知!一著人知之念,即为伪矣。尚得有忠孝乎!

      前供所以说到此处者,只为弥天重犯犯此大罪,心事未易明白,故缘此以为证据耳。

      其实当日一片赤心肫切并未说到。故在当时,非弥天重犯全然死心,只为谮言流毒,多切紧圣祖皇帝身上。岂意我皇上大孝大德,为圣祖皇帝同德嫡体而更有光者乎!倘若弥天重犯以毫无影响之流言,不察真伪,而使肆为诬蔑。揆以君臣之义,情同父子之亲,彼人有诬弥天重犯之父以盗名,捏弥天重犯之母淫行,在弥天重犯情必不安,必察而辨之,且为之掩护之。而人于我皇上之诬捏,则遽信以为实,漠不加察,较之父子之情,相去悬绝,弥天重犯万死之罪,实无所逃。但当初之狂举妄动,而误信以为实者,亦以圣祖皇帝之恩德在人者深,为民者无不冀圣子圣孙之继其统。当时心中所期,以为处今日,即皇上偶有德不及圣祖处,在民间亦必为之掩护,不忍宣扬。今所闻如此,且以为言出于京城往来道路人口,并非起于民间,因妄疑圣祖皇帝非有仇于人者,而今日所闻如是,必有其因。况天子本四海之共主,人只有爱戴颂扬,谁甘不良而肯造言讪谤!是以弥天重犯当日,一为从未历过世路倾险,识透人情有此变诈;二为从未到过京师,得闻奸党如此阴毒;三为圣德高深,湖山万里,未得骤闻。因此三事未谙,以致谮谤流言得以乱听。

      况阿其那、塞思黑、允等之奸党,流布民间,本非一处一种。除充发广西外,尚有诡名变迹,借游学为名者,而其所诋诬圣德,多由谈文论学引入。山野蝼蚁,从何窥测其底里?因此不觉为之摇惑煽动。若奸党充发,所过省郡极多,不止湖南一省,即山西地方,岂无此等逆党流言?独不能惑人之听,而唯湖南奸民一闻蜚语,即起叛逆之心?夫奸人有心造谤,每乘人之虚而避人之实,诚以虚则吾言易入,实则吾言易识。故其不肯在山西、河南等近处传布者,以山西、河南等省离帝都近,往来者多,皇上之至德声称,人人所习闻,心中实而有主故也。惟湖南离帝都远,往来者少,我皇上之至德声称,未得遍洽,山谷知之者少,心中虚而易惑故也。非山西与湖南之民全异,实所处之地有不同也。

      至若谕旨以华夷之辨,推原于昔之历代人君不能中外一统,而自作此疆彼界之见。且谓明祖以元末奸民起事,恐人袭其故智,故汲汲以防民奸;其威德不足以抚有蒙古之众,故兢兢以防边患;以及先有猜疑百姓之心,而不能视为一体,又何以得心悦诚服之效?先有畏慎蒙古之意,而不能视为一家,又何以成中外一统之规?大哉皇言!既与天地同体,复与天地同用。于穆天也,而我皇上配对之,不见其不足;我皇上也,而天全体之,不见其有余。况见透汉、唐、宋、明几多英主隐曲作用,直同儿戏。不唯德量同天,心公到至处;而且眼界高出日月之上,明察到极处。此等境界,自古帝王所少到,而此等议论,自古圣人所未发。苟非我皇上身亲历到,焉能辨别到此至处,焉能包容到此极处,焉能阐发到此至微至细处!况复以感人之道,总归一诚,尤俨然活露天体之大矣。盖惟天至诚,惟其至诚,所以覆冒无外,感而遂通。故《中庸》言:“诚”,必推极于天,惟其诚能合乎天,所以高明光大,博厚悠久,与天无异世。此我皇上所以合蒙古,中国成一统之盛,凡天所覆冒者,俱归版图,凡属民生,皆当庆幸,岂有华夷中外之间哉!理到至处,行到极处,虽尧舜复起,亦不能赞一词。而我皇上不惟规模弘远,开中天之隆会;抑且道德广大,立万世之成规。人君不能修身配天,强分中外华夷,到此直堪耻无地矣。况欺世盗名,假窃圣言余唾以混理学之正者,逆天不亦甚欤!至是而益信我朝名义之正,德业之隆,诚极生民所未有世。猗欤盛哉!

      二十一、自称忠民义士的曾静,你为什么要甘愿赴蹈灭族死罪而谋反呢?

      奉旨讯问曾静:你供称“身居山谷,我皇上御极初年,大德尚未遍洽,即为奸言先入,遂尔步步生疑,后此入耳谣传,皆与圣祖皇帝为仇为敌之事。因身受圣祖皇帝四十余年抚绥之恩,思为忠民义士,是以妄萌悖逆之念,甘蹈赤族之诛”等语。

      你自雍正元年以来,讹传逆党之言,是朕之失德备闻于耳,而阿其那贤孝之名,及圣祖皇帝欲传位于允之事,亦入于耳。你既感圣祖皇帝之恩,即以朕为君父之仇敌,不克缵承大统,则亦当劝岳钟琪世受国恩,当仰承先帝之志,辅佐阿其那、允等以以继先帝之基业。何以竟将叛逆之事,掀动岳钟琪?况你逆书内分别华夷,直指圣祖皇帝为夷狄,如何尚说感戴圣祖皇帝四十余年抚绥之恩,思为忠民义士乎?可据实供来。

      曾静供:弥天重犯狂悖之举,按其罪,触处皆是,本无一线可生。苟非大圣人在上,德量同天,精明并日,本大公无我之怀,虚心体察,使顽逆隐情毕露,虽磔尸磨骨亦不足以偿当身莫大之罪,尚有何说可以疏解!今承恩旨讯问,前供所称身受圣祖皇帝四十余年抚绥之恩,思为忠民义士,则当劝岳钟琪仰承先帝之志,辅佐阿其那、允等,以继先帝之基业,何以竟将叛逆之事,掀动岳钟琪?况逆书分别华夷,直指圣祖皇帝为夷狄,如何尚说感戴圣祖皇帝四十余年抚绥之恩,思为忠民义士?究问及此,弥天重犯惶恐战栗,万死何逃!不惟无说可以仰答天聪,即自问亦无说可通了。今亲观圣德之高深,极生平所未有,感被皇恩之浩荡,彻骨髓而融洽。此所以心悦诚服,而痛悔当年狂悖之举,切齿于阿其那、塞思黑、允等之奸党造言流谤者以终天也。然苟非我皇上之德量同天,精明并日,亦只有杀而已矣,剐而已矣。今承旨问,从肝滴出一字一泪,实无半语只字可以仰答天聪,理屈辞穷,自如万死万剐莫偿,只有惶恐战惧而已矣。

      二十二、山西嘉祥兆瑞迭现,湖南连年水灾,这些说明什么?

      奉旨讯问曾静:前因山西绅士庶民运送军前骆驼鞍屉,自备车骡,不肯领价,踊跃急公,争先恐后,已将晋民情节谕你。今不旬日间,晋省保德州等处,遂有庆云呈献之瑞。据巡抚、学政、布政使三处奏报前来,特将奏折发与你看。朕从来不言祥瑞,但天人相感之理,实捷于影响。晋民怀尊君亲上之心,是以连年丰稔,今又蒙上天特锡嘉祥,以昭示福佑万民之象。可见从前湖南地方屡被水灾者,实因民风浇薄,又有你与张熙辈心怀悖逆,以致乖戾之气上干天和。此理显然昭著。但朕凉德,不能化导湖南百姓,亦不能辞其咎。你从此更当猛醒,知天之不可欺矣。你今仍怨谤朕一人乎?

      曾静供:自古称圣王励精图治,虽不言祥瑞,然到治定功成,而祥瑞自然协应;必到祥瑞协应时,而后称得治定功成。此《中庸》推学问之极功,圣神之能事,而必归到“天地位,万物育”上去者,此诚以大君之身,与天相配,其精神运量,与天相通。君能心与天心融通无间,而克符合一,则和气致祥,自然云日辉煌,藻彩缤纷,以及河清海晏,万物顺成,百福骈集。若君心稍有一点与天心不相符合,则戾气致异,一切反是,此理之大致一定不易者。但其中不能尽同,亦微有辨。盖有君尽其道,而臣庶不能仰体君心,此又以君为天,君心为天心,臣庶之心不能仰体君心,即与天心相违,所以亦能致异。此普天之下,所以有嘉祥灾异之不能尽同也。恭惟我皇上克体天心,克肖天德,励精图治,仁恩厚泽,遍浴寰宇。其效至于薄海内外,物阜民康,皆歌乐育,礼陶乐淑,共被洪钧。惟圣心与天心合一,君德与天德无间,所以天和见彩,地灵垂祥,大者如五星聚、黄河清,嘉谷蓍芒,百瑞叠呈。我皇上天人感孚,成自古未有之治功,以只褡怨盼醇鹫鳎死碇萦谟跋於抟烧咭??

      至于近者晋省庆云捧日,外绕三环,光华四射,藻彩缤纷,与湖南数年歉收,旱涝叠闻,灾异间见,其理复异者,何也?诚以晋省民心醇厚,知恩感戴,民心能仰体君心,一切输诚奉公之事,无不踊跃争先。故于办理驼屉之会,而天垂祥瑞,以协人心之顺。若湖南虽同处覆冒之下,而民俗浇滴,不能仰体我皇上之心,加恩而不以为恩,被德而竟忘其德。加以弥天重犯等之狂悖丧心,不惟不知我皇上之大德合天,而竟不能安业顺化。是湖南庶兆之心多与我皇上之圣心相违。即与天违,所以厉气致异,而灾寝独屡见于湖南也。但此理甚显示甚微,非我皇上精通性命之源,素能默契乎天,而复能与天合一,焉能知之!弥天重犯到今日读所报闻诸嘉祥奏折,并我皇上所讯问谕旨之理观之,不惟信我皇上之至德毫无瑕累,实实与天合一。在弥天重犯将插翅遍飞遍传,破谮除谤之不暇,岂尚复为谮谤所惑之理!抑且自痛悔当年狂悖之举,诚得罪于天,而不意今日戴天广大之德,推原致罪之由,宽宥以至于此极也。

      二十三、云贵两地民风淳厚,服教乐善,以至感召丰收大稔,正是天人感应昭著啊!

      奉旨问曾静:湖南地方,人心诈伪,风俗浇滴,而督抚大吏又不能宣朕之威德,化导愚民,以致风雨不时,灾屡作。云贵总督鄂尔泰实能体朕之心,教养百姓,而民风淳厚,又能服教乐善,以此感召天和。云南连岁大稔,而贵州今年通省丰收,所产嘉谷,岐穗繁多,科粒硕大,为从来所未见。今将贵州巡抚张广泗奏本,及所进嘉谷图样与你看,天人感应之理,显然昭著如此,你再有何说?

      曾静供:天人感应之理,捷于影响,弥天重犯已曾供过,不敢复赘。今观贵州巡抚所进献瑞图,共四十六种。稻谷粟米之多,有一茎两穗至十五六穗不等;稻谷有每穗四五百粒至七百粒数之多者;粟米有每穗长一尺八九寸至二尺有奇者。不惟从来目所未见,实从古耳所未闻。此必贵州人民被服圣教,革面涤心,输诚向化,熙乐利,一团忠顺太和之气,上应我皇上励精图治之苦心,于我皇上之大德无不洽,至教无不通,道德齐礼之化,无不顺应协从。所以与云南、山西等省同一尊亲爱戴之诚,上召天和,是以或垂天锦以示祥,或著地灵以呈瑞。其事虽异,其理则一也。惟湖南虽与山西、贵州、云南等省同居覆冒之下,同受生成之恩,而数年以来灾异屡见者,何也?实因阿其那、塞思黑、允、允等之奸党将圣德诋诬,造言惑乱,而湖南之民无知轻听,妄以我皇上之德,果如奸人之谤,各怀不平而怨咨嗟议,反以数年灾为皇德之亏所致。岂知我皇上以亘古未有之至德深仁而湮郁远鄙,是以上天震怒,屡示灾异,以遗责湖南之民。则湖南之民乃不知省,反听信奸党之谤而致怨乎上,故怨愈深而灾愈厉。盖湖南之多灾与贵州、云南、山西等省致祥,其事虽殊,其理实同,同一上天眷佑我皇上之大德所致。贵州、山西、云南等省之致祥,是贵州、山西、云南等省之民,能仰体我皇上之大德,各尽忠顺之道而乐业安化,皇上至德舒畅四达而无隔碍,所以和气融通而能致祥。

      湖南之多灾,是湖南之民不能仰体我皇上之大德,胸存悖逆之念,不肯安业乐化,皇上至德间隔湖山而多郁结,所以戾气否塞而能致灾。所谓同一上天眷佑我皇上之大德,实因我皇上之大德亘古未有,所以既有此等应处,又有此等异处。今弥天重犯得见阿其那、塞思黑、允、允等及伊等平日所蓄养之匪类等所供谤议,恰与湖南百姓所闻无异,于此见得奸党上误国家,下害生民,蓄心狠毒,一至于此。若非我皇上仁孝诚敬之至,上细于天,素孚于祖,感通默相,焉能使诸奸尽行败露,恶迹如此昭彰!而我皇上之大德,转因此光明显烁,耀中天。所谓“仲尼,日月也,人虽欲自绝,其何伤于日月乎!”此理至今日而益验矣。到此实实信得我皇上之德,超越古今,与天、与圣祖一而二,二而一,并无毫发彼此之间,故能为圣祖所笃爱,上天所眷佑,而天理响应如是,报验如是。

      二十四、孔庙失火和庆云出现是礼乐制度遭受厄运的灾异呢,还是文明光华的祥瑞呢?

      奉旨讯问曾静:你从前逆书内云“于今正值斯文厄运,是以孔庙焚毁”。今据督修庙工之通政使留保奏报:“十一月二十六日午刻,正当孔庙大成殿大梁之前二日,庆云现于曲阜县。形若芝英彩凤,五色缤纷,正南、东、西三面拱日朝阳,历久益加绚烂。万目共睹,无不称庆”等语。今将留保所奏之折及庆云图发与你看,还是斯文厄运之灾异?还是文明光华之祥瑞?你今又如何说?

      曾静供:道之在天下,本无处不有,无人不备,特凡民为气禀所拘,物谷所蔽,是以有的不适如其有,备的不能果见其备。故聪明睿智之资,气禀清明,义理昭著,生知安行,千万人中无一见焉,甚或数千年无一遇焉。然一有之,则天必命之以为亿兆之君师,所谓“禀聪明作元后,元后作民父母”。又曰“天降下民,作之君,作之师。”是君与师原属一道,并未尝有岐,此尧舜、禹汤、文武之世,所以只有君之重,并无师之名,盖以君职原兼师职故也。唯至春秋战国,二帝三王之道熄,时有孔子生安之圣,厄而在下,当时仁义之风微,功利之习兴。一时功名之士,以治天下为另有一种权谋术数之学。于是群指孔子为师道,而称君德者,视此则有彼此之分。

      而孔子之所谓仁义道德者,每多置而不讲。历汉及唐以至于明,二千余年,孔道晦塞,未有能明能行。孔道不明不行,又安望其有虞、夏、商、周之治效乎!惟我朝圣祖皇帝得尧舜、孔子之心传,是以六十余年,深仁厚泽,遍及薄海内外,已媲美于虞、夏、商、周。我皇上以天之聪,生安之资,加以初潜四十余年,研深味道之功,其于尧、舜、孔子之道,合圣祖家学精蕴而久已集其大成。不惟与尧、舜、孔子之心传无二,抑且于圣祖一切政治而更有光矣。此所以天人感应,随时随地莫不信而有征。盖有亘古未有之道德,自能成亘古未有之治功;有亘古未有之治功,斯能备亘古未备之休征,此理之一而不易者。兹因山东孔庙大成殿庙上梁之前二日,而庆云五彩捧日,光华融露于曲阜县,此盖孔子之圣,浑全一团天理,孔子之心即天心。今圣心与孔子之心为一,即是与天心为一。而祥瑞见于曲阜,适在兴修圣庙之会者,乃上天所以嘉予圣心与孔子之心为一处,比泛见于云、贵、山西等省,其庆幸为更大,其盛德之合于孔子,而感孚上天者为更极其至。此所以为一无之中,文明光华极盛之会,而为生民所未有也。弥天重犯从前无知,并不知天之高,地之厚,所以以为流言摇惑,而为是万剐之说,悔恨无及。今既含生被化于天高地厚之中,自验知之比他人更深,信之比他人更笃,到此只有尊之亲之,爱之戴之,传颂以为亘古未有此文明光华之圣德神功而已,更有何说。

    曾静供词五条

      一、皇上嗣位以来,是五谷丰登,人民乐业?还是四时易序,五谷少成?

      问曾静:你书内云“五六年之内,四时寒暑易序,五谷耕作少成,恒雨恒,荆、襄、岳、常等郡,连年洪水,吴、楚、蜀、粤,到处旱涝时闻”等语。皇上嗣位以来,阴阳和顺,风雨时调,五谷丰收,人民乐业。各省之内,间有数州县旱涝不齐,即动帑赈济,民获全安。今你所说四时易序,五谷少成,确是何年、何月、何地呢?吴、楚、蜀、粤到处旱涝,确有何见呢?至于荆、襄、岳、常之地,有你这样狂背逆乱之人,伏藏匿处其间,秉幽险乖戾之气,致阴阳愆伏之干,以肆扰天常为心,以更弃人理为志,自然江水泛涨,示儆一方。灾祸之来,实因你一人所致。你知道么?有何说处?

      曾静供:这是弥天重犯僻处山谷,正如坐井议天模样,不知天壤内如许广大,见偶尔一处旱涝,遂谓旱涝时闻,不知时序调和,丰收乐业,不旱不涝者,此外遍地皆是。此正不得事体之实,而其根实由眼孔小,不通世事之故也。且当时实不知皇上深居九重,视民间疾苦直如赤子,一遇偶尔旱涝,即动帑赈救,且免其赋供。弥天重犯今日始知圣恩高厚,虽尧舜不过如此,则愚顽无知之罪,实所甘受。一民狂背,皆足致灾,此则非精通天人之故者不能知,弥天重犯闻之,豁然如大寐初醒,虽朝闻夕死,亦实幸矣。

      二、雍正皇帝是励精图治,爱抚百姓,还是谣言所传的虐待百姓呢?  

      问曾静:你书内云“抚我则后,虐我则仇”等语。我皇上夙夜孜孜,勤求治理,爱养百姓之心,无时不切于寤寐,无事不备其周详。屡年来大沛恩泽,薄海黎庶,莫不均沾。旧欠钱粮,蠲免几及千万,江浙等处浮粮,每年减免六十余万;至于赈恤蠲除,以及豁免之处,其数至多;南北黄、运河工、堤工,兴修水利,开种稻田,察吏安民,弭盗除奸,一切实心实政,日昃不遑。其所以抚天下之百姓者,洵乃养育诚求,如保赤子,所以抚之者至矣。海宇内外,无不深元后之戴。今你不以为抚,而以为虐;不以为后,而以为仇。此是何肺肠?且虐民者何事?你将所见实说。

      曾静供:皇上至德深仁,遍及薄海内外,其用意于民,固可谓亘古少媲。弥天重犯住在远方,不晓世事,不知天高地厚之恩,但见承平岁久,生齿繁多,远方之民,富者田多,而贫者或至无田。皇上屡年大沛恩泽,蠲免旧欠,减免浮粮,动计几百万,扶养非不极其至,然只有田业者,饱饫其惠,而无田业的,多致憾于雨露之不均。直至旧年到省,今年来京,方知皇上有几多爱养善所,有几多扶绥经画,端拱深宫,忧勤惕厉,无事不周,无微不到,且无时无刻不以天下苍生为念。功德昭然在目,传颂哄然满耳。自古圣帝贤君,用意加惠于民,称元后,颂父母,载之史册,垂之经典。以今准古,实所罕闻。此今日海宇内外,所以共深元后之戴。以弥天重犯如此狂诋,如此触冒,尚有几多钦恤,几多宽仁,恩惠频施,被服愧悔,直不啻如天如地之感。则天下之大,四海九州之广,无一发一物不在涵育生成之内,尤不等言矣。弥天重犯前之所以不以为抚,而以为虐者,总为谣言所掩隔,遂使帝德难名,食其力者忘其力,王道同天,蒙其化者自不知其化耳。

      三、皇上调拨粮食是平抑物价,还是倒卖粮食做生意? 

      问曾静:据你在湖南供称,有“皇帝使人从四川贩米至江南苏州发卖”,又云“广东、广西发卖水银”等语。这卖米事情,乃外省督抚条奏:江浙地方人多米贵,请动帑项于产米省份,采运平粜以济民食。此是古人移粟之道,且此项运到米石,皆减价粜卖于民,于正项钱粮尚有亏折。如何说贩米石争小民之利呢?至水银之事,乃因原任贵州巡抚金世扬亏空库帑,不能完交。署巡抚石礼哈奏称:金世扬有动帑收贮水银,可以变价完公。皇上允其所请,令于广东发卖,乃系保全金世扬身家性命,实出宽大之特恩。你如何说为争民之利呢?但此二事皆有其因,你在何处听来?须将传说之人供出。

      曾静供:弥天重犯于这些事,当时都不晓得皇上神奇作为,经纬妙用。从四川贩米至江南苏州发卖的事,这等谣传,是这些往来搬家去四川的百姓回来说;广东发卖水银,是因走广东往永兴县过,弥天重犯是永兴县人,虽住居离县城百数十里,而乡间常有人在县来往,传得此说,并非远方人说。岂知卖米是移此就彼,乃酌盈济虚,圣人裁成辅相之能事,而平粜与减价尤一视同仁,万物各得其所之献谋。至变卖水银完公,则又体恤群臣,使法无犯而事得济,且有以见天地含弘之量,物各因物,而无伤于其中也。此皆帝王之运量,小民不知皇上苦心,遂至妄传,以为卖米、卖水银。而弥天重犯彼时莫知圣虑高深,遂误信以为争民之利,不知此乃利民之大者也。诬上之罪何逃!

      四、雍正皇帝是有好生之德,还是草菅人命,滥杀无辜?

      问曾静:你在湖南供内有“极好杀人,京城凛凛”等语。我皇上如天好生,自元年以来,凡矜恤民命之案,不可枚举。即今四月十一日以后,现有督抚及刑部拟定之案,如云南之黑夜杀人八十二岁老妇何氏一案;广东之殴伤服叔谢伯达一案;江西之不知情奸妇刘氏一案;安庆之误伤兄命郭国正一案;浙江之误伤妻命曹道生一案;山西之父为代首之劫盗查声闻一案。凡有一线可生者,皆令九卿详议,从宽减等。又逃纵之窃盗赵玉等一案,私铸钱文之张仙等一案。或以愚人未知定例,或情罪稍轻,俱从宽减。至同殴庶母之曹一案,以情罪尚轻,不忍处以极典,命确查定议。其廷臣所议,如定捕役治罪之例,符咒作奸之例,皆以未曾议及通行晓谕,及与以遵奉之期,敕部另行详议。此数日之内,成谳具在,可逐件与你详看。难道曾静未到之先,皇上预知你来,特为此详刑之事,以示宽大之恩么!这传说纷纷,“极好杀人”之说,确有何人枉杀?确于何年何月日滥杀一人?并传说何人?你须一一据实说来。

      曾静供:弥天重犯始以不知人情世事,误听谣言,发狂作悖,而身陷极恶大罪。自事发到长沙,及今大半年,旁听市井传颂,历睹当世休嘉,乃知圣德渊深,光被四表,原无丝毫瑕类,久为普天所共仰。到京以来,无一时一刻不痛悔感泣,惶愧悚栗,不惟无面见人,抑且无地自容,加以皇恩屡颁,更觉受恩愈重,罪过愈深。古今来有这样圣天子抚绥万方,直及于禽兽不如之重罪者乎!复蒙谕旨下问,于本月十一日,大人仰承旨意,恭捧皇上御批九卿所奏民间重案,国典条例,弥天重犯跪伏阶前,敬读感服,不觉慌恐汗背。虽圣虑高深,不能仰测毫末,而一种体天好生之德,焦劳爱养之念,盎然见于御批之下,实足令人感泣无穷。

      如云南所奏之黑夜杀人,以主谋造意,归于八十二岁之老妇,拟斩。复将其子何汪、何世逵、何永杰为同谋加功拟绞。盖妇人夫死,义当从子,何汪何故不谏止其母,而轻从八十余岁之老母以杀人,且开场下手打伤,何汪已有明供,似难更扯别人拟抵罪,而黑夜抱草烧尸,尤非八十余岁之妇人所能,今以何氏拟斩,复以三子拟绞,似伤民命太多。

      又广东之殴伤服叔,此因争祭田,县断银田,两未交清,谢日习亦不合持棍至谢伯逵门首詈骂,与平昔越分无礼,强悍而殴尊属致死者,必竟不同。

      又江西之不知情奸妇,此通奸在前,谋杀在后,两事不相涉。光离居又已多年,刘氏夫妻之义未绝,且有子八岁,岂肯弃夫以从奸!律之所谓“奸夫自杀其夫,奸妇虽不知情,绞而监候”者,此正就通奸时看,非若刘氏之别居有年,此时并无奸意萌发也。此三条圣虑通微,照及民隐,所以不肯依拟,而敕九卿议奏也。

      又江西之误伤兄命,此郭国正、郭国宾兄弟相好,素无嫌隙,因催丁钱小事,拂意生怨,且先是郭国宾以酒壶掷国正不中,而郭国正拾原壶反击郭国宾,以致殒命。初非立意杀兄,执凶向前殴击致死,是以改应斩监候。又曹道生之妻汪氏不循妇道,夫索茶不与,嗔责不受,反拾石还击,以头撞夫。道生气忿,乃用柴片连殴,以致殒命。此是汪氏自失三纲大义,非本无犯而道生有意欲杀,律当拟绞也。皇上从宽枷责完结,不惟使夫妇之义正,而钦恤之恩,益觉有加而无已矣。又查声闻虽盗首,实非本意行劫,乃误听李瞎子之言,志在焚毁契券,以图复占。此愚民无知,情有可原,所以一经伊父代首,圣心之念切,意许原例从宽免死,此皆一线可生,我皇上不忍置之死地也。

      又如赵玉、田群、刘五以犯盗监禁逃纵,例当加倍治罪。圣虑谓此本系行窍愚人,未必知有逃纵加倍治罪之例,其所犯罪,仍照旧拟。且敕部颁饬天下衙门,将新例张示禁门,使犯罪囚人,入监即知。又私铸钱文,律斩立决。张仙等私铸,睿照分出张仙以造卖铜器为业,因禁止黄铜器皿,遂将所存之铜私铸钱文,其罪与公行私铸者有间,着改为应斩监候,秋后处决。是不惟钦恤民命到至处尽处,并分出小民犯科到公私之极处,所谓茧丝牛毛辨析精微,竟至如此。

      又如曹同殴庶母,照律拟凌迟,似亦当罪。御批乃谓当孙氏挑唆曹霍柽,共殴狄氏之时,曹先不在旁,孙氏差使女小春唤至。曹听从父母之命,助殴狄氏,而狄氏至九日殒命,是曹虽行殴击,原无致死之心。曹著改应斩监候,秋后处决。盖因案呈有“孙氏差使女小春往唤曹”

      句,从此一句,遂推原曲谅,恰当其情,恰合其事。我皇上神明照烛,无微不到,又至如此。又如周元伯与周见南比屋而居,因舂米争碓,彼此詈骂,而周见南遂为周元伯殴伤。部议应斩立决,而旨下九卿议奏,不忍遽尔依议。看来皇上抚育天下苍生,纯是以道,并无一点用法之迹。盖道无定体,随时随地,变易无常,非大圣人之智虑精微,明聪天纵者不能用;法虽从道出,然一落乎法,就拘泥执滞,不能活变了。所以先儒谓三代以道治世,后世以法把持天下。如后世贤君算汉文、景,然文、景得黄老之术,全是以法,故谓黄老清静,流于惨刻。如犯死者,依法即以死抵,并不肯留心于其中推原曲谅其致死犯罪之由,任天下事来,皆以成法成例断之,所以得以清静无为。岂若皇上仁心恳至,全副精神尽用在民身上,宵衣旰食,至劳至勤,有几多斟酌裁制,权度时中,大用在其中,卓然与尧舜、禹汤同归一致。

      又如御批捕役治罪之例,符咒作奸之例,必须通行晓喻与以遵奉之期。凡有改定科条,俱宽其期限,悉令家喻户晓,如此而犹有不率教者,加以严惩,始为不枉。今法司更定律例,而不示以遵行之期,则彼无知之人,冒昧而犯重辟,是谓不教而杀,于心忍乎!看到此处,觉得一种念切生民之隐,此文王之视民如伤,更切更笃,惟恐民之无知,而自陷于法,这就是个天了。盖皇上宸宫,浑同天体,天之元气流行,直贯四时,故当秋肃,未尝不寓春生之机于其间,所以皇上用刑,亦有几多宽仁慈惠的苦心流贯于其中。故未事之先,既有许多善政善教,以移民恶而迁于善;万一偶入于刑,所以体恤而原谅之者,又无所不极其至。即今四月十一以后,数日之内,略举数端,莫非“肫肫其仁”之发。况前乎此者,不知几万千;所经纶裁制神运无方,常情不可得知者,又不知几万千。由是看来,皇上之好生德洽,施及薄海,固难以数计矣。

      况皇上勤民之下,敬天之念,尤无一时少懈,一时放过。如御批衍圣公孔传铎之奏贺卿云本章,江南学院李凤翥之奏贺瑞芝本章,一字未安,一义未当,亦所不受,皆不肯以臣工颂扬之词略过。而圣谕所颁,谓“朕之事天,亦犹臣之事君也。臣之视君也,以为九重之尊;而以人君视天,其相越之分,又不啻九重而已也。设以属员颂其上官,而称为‘上所崇奉’,或称为‘福与君齐’,彼为上官者,能安受而不战栗乎!今以‘效灵齐天’等语见诸奏章,其背理慢神,何以异是?”

      细玩此段,虽皇上德隆心下,谦光自贲,其实理正义大,至精至当,至实至透,为自古圣君哲后所少到,自当永为万世之法程。况皇上敬德之至,心细之极,一字之讹落,皆为睿鉴所洞照。如李凤翥贺本内,讹“赉”字的“赍”字,总督示其倬题参蔡国骏本,案呈内有“勒索官兵饷银二三两”句,落“两”字,经历多少衙门对过,多少大臣用心看过而不及,到今皆为皇上摘出、指出。自古帝王一日万机,多听内阁分理,即所阅览臣工本章,亦只看贴黄,贴黄尚虑不能周,何暇及于案呈!况案呈已经许多官员查照不出,而能知之乎!即此不惟见皇上留心国政,至周至密,抚育苍生,至劳至苦,而且见圣学主敬之纯。盖所谓敬者,无一毫苟且,无一事轻忽,神聚到极处,心细到至处,无一不极其精,无一不尽其详而已矣。故帝尧称圣以钦德为先,孔圣修己以持敬为本,而《中庸》归宿学问到尽头处,亦曰“笃恭而天下平。”

      今我皇上细密如此,正所谓“先圣后圣,同揆合符”者也。

      弥天重犯山野庸鄙,毫无知识,岂能仰测天地之大!但今日蒙旨下问,直据所见而心悦诚服如此,其实皇上经纬大用,参赞弘谟,弥天重犯何人何物?从何得知?况从前僻处深山,全未识睹天日,即有意见,亦属蝼蚁度天,何处测其高深?所以谣言一入于耳,即信以为实。今承大人捧出本章,有说马廷锡讹传说:皇上因钦天监启奏,紫微星落在福建地方,为此特差大人赴闽,凡三岁以上,九岁以下男子,尽行诛灭。现有巴兰泰一同听见可据。若使弥天重犯当日听闻,一定以为实事而笔之于书矣,小民无知,大率多同,况弥天重犯尤处深山穷谷中,为小民无知中之无知者!必到今日,一路所听闻如此,所目见如此,身亲被皇恩如此,今日又亲目看见皇上用意于民如此,焦劳于治政如此,方实实信得皇上德同天地,明并日月。

      从前在长沙,蒙三位大人屡将圣德宣传,心下虽亦信服,而犹未脱夫旧惑之深也,至今方拨云雾而睹青天,朗然日月之当心,自是知之明、见之切矣。但憾身陷法网,不能旋归故里,宣传皇上大德遍覆,如天如地;圣哲精明,如日如月;洪慈爱养,如父如母。使亲戚故旧,邻里乡党以及沿途所过市井都邑,共传圣神文武,共庆有道天子,共歌太平盛世。且使山陬海,共愤共恶造言流谤者之奸,而憾不共食其肉而寝处其皮,未免死难瞑目,深痛无以报皇上之万一耳。

      五、雍正皇帝是霸嫂为妃,还是按照惯例让她们居在别宫呢?

      问曾静:你在湖南供内,有“将二爷的妃嫔收了”等语。当日密亲王之妃,于康熙五十七年内已经病故。其余宫人等,密亲王病故之后,皇上念理郡王难以养赡多人,或至少有失所,于密亲王甚有关系。是以特降谕旨,令理郡王之生母分别区处,并传旨询问诸人,若有仍愿居宫中者,悉如圣祖皇帝之老妃居守寿宫之例。于时宫人有愿居宫中者,皇上令其另居别宫,厚加廪给以赡养之。此是皇上加恩密亲王宫人之盛德,凡宫中之人及廷臣所共知者。今你这话从何处来?又你以密亲王为三爷,语虽讹传,必有乱说的人,你可据实供出。

      曾静供:收妃嫔的话,是雍正五年五六月内,往来路上人传说,衡州路上押解一个犯官过,他如此说。弥天重犯听得此话不察,妄以为此话自犯官说出,毕竟是实事。其实到今日,万万记想个传说的人不出,亦不知是个什么犯官,查朝中那年那时月,有什么犯官往衡州过就晓得。直至旧年到长沙,所得舆论,方知皇上清心寡欲,励精图治,至勤至劳,非纯乎天理而无一毫人欲者,那得如此精明为国,如此焦劳为民!后复闻钦差大人宣传圣德无瑕,又伏读圣谕,表里无憾,恰与在长沙舆论符合。弥天重犯到此,益信得从前传闻,全无影响,况加恩宫人,厚赐赡养,乃圣主仁民爱物,发政施仁,必自亲亲托始之意,而谣言竟传以为收宫妃,岂不深可痛憾!凡此十余供,非弥天重犯畏死幸生,故为此语,实因奉拿出谷,见闻渐广,实见得皇上道德政教,从来未有,感戴奋兴,自愧不得为圣世之良民,故痛憾至此。其实自供自吐处,内多理屈词穷,义失气馁,所以语言无序,不成说话,且山野愚夫,从未知拜奏陈词,体式不免乖讹错谬之失。而自到京以来,又愧悔切心,感泣耗神,四肢整顿不起,惶恐战栗,手指颤震,点画并不成字,千万叩首,仰请圣照。

    雍正上谕忠诚报国、公正无私的岳钟琪与叛逆曾静有鲜明的对照

      雍正七年六月初二日,内阁奉上谕:朕从前所批岳钟琪奏折,偶检几件,发与曾静看。朕与岳钟琪,君臣之际,一德一心。在岳钟琪之忠诚报国,公正无私,实自古大臣中所罕见;而朕以至诚御下,恩眷大臣,亦极倚任之优崇。洵为上下交孚,明良盛事。且朕所批岳钟琪奏折甚多,此不过百分中之一分,而折内加恩岳钟琪之处,亦不过百分中之一分,而曾静乃欲上书劝之谋反,岂非醉生梦死,冥顽无知之人乎!此乃天道不容,令其自行败露也。查曾静逆书内,有传闻岳钟琪两次进京陛见,俱不允行,岳钟琪深自危疑,因而上书等语。曾静平昔夷狄之见,横介于胸中,又闻此无根之语,不觉其逆心之愈炽,遂为此孟浪之举。但此传闻之说,必有所自来,著曾静确实供出。以曾静之所犯如此大罪,今尚蒙朕之宽宥,则传说浮言者,若能悔改,亦必从宽贷,况传说者未必即为造言之人,若由曾静供出之人,转究造言之缘起,则此事可得归结。着杭奕禄、海兰详悉宣示曾静。钦此。

      一、我曾静这个文弱书生是怎样成为弥天重犯的?

      曾静供:弥天重犯幼承父训读书,粗知仰体朝廷作养人材之意,不肯虚度岁月,自了其生。平常有志于圣贤《大学》之道,期勉强躬行实践,以副朝廷之望。无奈身处幽僻山谷,名人文士足迹不到,而慈父弃世又早,且家贫力单,势不能出外远游,就正有道。直到中年,得知吕留良为文人所宗,而其议论,亦间有几处与本心相合者,遂不觉好之,妄引为修身之助。其中有论《论语》上问管仲两章,以为此乃论圣贤出处节义之大,且有说华夷之分,大过于君臣之义等语。遂妄听其说,以为士子立身,必先从出处起脚。初不知本朝列圣相承,备极礼乐文明之盛,亘千古所未有,与《论语》当时所指,何啻天悬地隔。因先错看此文在胸,适值雍正四、五两年,湖广、广东等处百姓搬家到四川,往还间有从弥天重犯门前过者,传说西边有个岳公,甚爱百姓,得民心,西边人最肯服他。

      那传说的百姓也不知道岳公是什么名字,是甚官职。后到雍正五年冬,弥天重犯前次所供何立忠,传说陕西有个总督,其肯尽忠爱民,当今皇帝每每过疑他,防他权重,屡次召他进京,要削夺他的兵权,杀戮他。那总督畏惧,连召几次不敢进京,皇上见得他守死不肯进京,转疑得深了。继而因这总督原是朝中大臣朱轼保举的人,皇上随遣大臣朱轼亲到陕西召那总督,那总督不得已,同朱轼一齐进京陛见,奏说皇上用人莫疑、疑人莫用等语。皇上听说如此,也就如此轻带过,又见他亲身来了,前疑稍释,乃复遣他回陕西去。

      那总督不肯去,要人保他方肯去。皇上问朱轼,朱轼不肯保,又问九卿大臣,九卿大臣亦不敢保,皇上乃亲自保他去了。出京门方四日,又有个大臣奏本,说那总督与大臣朱轼,内外阴结党援,观皇上屡次召那总督进京,那总督不肯进京,则他目中无君命可知。

      乃朱轼到他任上,他又不疑,而欣然进京,则他与朱轼为心腹又可知。今日回归陕西,朱轼是原保举的人,理应保他,乃又不保,此是朱轼脱身之法,明晓得那总督将来必有变志,所以不保他,期后日皇上责备他不得。于是皇上翻悔无及,前疑愈坚,乃差姓吴名荆山的朝官去赶追那总督,那总督不肯转身,这朝官吴荆山就在路上自刎了。于是这总督到任,随上本章,说皇上有如许不是处。此是何立忠在永兴县十九都石枧村,低声独自告诉弥天重犯的话。在何立忠当日,竟记不得那总督的姓名,他也只听说有此事。弥天重犯闻得此话,以为那上本的总督,毕竟晓得宫中事情的确,方敢如此直言。后又闻得弥天重犯前次所供陈象侯说,茶陵州有个陈帝锡,传说有个本章,其上本的臣子,姓岳名钟琪。弥天重犯到此方知前所传甚爱百姓之岳公者,即岳钟琪也,岳钟琪即何立忠所传之陕西总督也。其实当时发狂作悖,因先吃紧吕留良华夷之谬论在胸,复闻得何立忠、陈象侯传说陈帝锡所说有个本章如此,又适值四、五两年收成不好,遂孟浪有是举。谁知事事与所闻如寒暑昼夜之相反,而身徒犯一个极恶莫大的罪过。

      到今日弥天重犯伏读皇上朱批岳钟琪奏折,方知皇上之至诚御下,并无一点疑贰之心,而大德感人,恩礼又复两极其至。

      而岳钟琪之仰体圣心,委身报国,亦无一点避嫌之迹,而其赤忠血诚,一片敬事之念,到此也无以复加。即此处张熙一事而论,夫论道义到至精至当,不可毫发移易,而其谨慎周密,小心精详,不动声色,不露形迹,而自然使人献诚抒悃于其前。此非临事而惧,好谋而成者不能到,况其聪明睿智,更多神武而不杀者乎!

      此所谓君圣臣贤,元首股肱,同称一体;而上下交孚,一德一心,不啻如父之视子,子之事父之切。且于此有以见得我皇知人之明,用人之当,委人之专,任人之诚,渊衷至虚至明,处事至中至正,亘千古而罕觏。此天下之贤良才俊,抱道蓄德之儒,焉得不共聚一朝而乐为之用,各致其力,各致其身哉。弥天重犯到此,翻思从前以犯悖之举,献议于岳钟琪,实为醉生梦死,冥顽无知,更有何说!但当时虽是弥天重犯罪大恶极,天道不容,所以自行败露至此;其实弥天重犯此举,莫之为而为,觉得有个人在身后催促之使动一样,此不是今日方敢如此说,当时《知几录》上亦略言及此意,难逃圣明洞鉴。所不解者,弥天重犯自反,当身虽为禽兽,其实平日并无半点过恶得罪于天,而祖父以来,历世积善,常言三代行善人家,在弥天重犯的祖父,可称得一句十代积善人家,不知如何流到弥天重犯的身上,竟犯一个赤族磔尸的大罪。且事发奉拿之会,弥天重犯闻得此信,自料当身固不免于寸磔万剐,而且遗祸于家门,忧愤填心,决计自尽。此时思欲望火投火,望水投水,以求速死,以免诛连,然竟不能得死,彼时解此缘故不得。

      到今日想来,若使弥天重犯当时即死,不惟皇上不得洞鉴弥天重犯致罪之由,且皇上深居九重,又何由知得外面许多奸回造谤,有许多悖义兴讥?且事到今日,以弥天重犯如是之罪,蒙皇恩如是之宽宥,今又传旨释放弥天重犯之老母幼子,并悯念弥天重犯等炎暑过伤,命医调和,惟恐不得其所。

      然若弥天重犯生民未有之大罪,亦无以显皇上生民未有之大德。由是看来,弥天重犯无为而为,当年有此狂悖之举,求死不死,今日得蒙宽宥之典。皆因皇上道隆德盛,以天理言之,不当妄诋;本朝名正言顺,以天道方之,不可轻议。所以皇天笃佑,故默使弥天重犯之山鄙无知,冒昧上书于皇上一德同心之大臣,以显皇上之大德如天于山陬海,表本朝得统之正于地久天长。不然,湖山万里之外,奸党之流谤,何由得知?穷乡陋儒之胸,吕留良之逆说,何由得解?岂不全是个天在此主持默使!至若谓传言之人,弥天重犯以如是之罪,尚蒙皇上宽赦之典,则传说浮言者,若能悔改,亦必从宽贷。况传说者未必即是造言者,谕旨煌煌,早已体恤及隐,弥天重犯何所顾虑?而敢于隐匿,忍于隐匿,以负我皇上天高地厚之恩乎!除前此所供外,实实别未有人传说。

      二、我张熙久居僻壤穷乡,怎么会误入歧途,随师造反呢?

      张熙供:重犯愚暗浅陋,生长山隈,如蛙囿井。但身处光天化日之下,少小颇知以读书从学为大,然竟不知读书之错,从学之误,其害一至于此也。盖因重犯家世寒微,人文科第,寂寞无闻;僻外穷乡,无缘得见贤士大夫,以正其趣而发其蒙。迨后年二十五,始见有郴州永兴县曾静入学文字,原评为湖南第一卷,心窃慕之,遂欲负芨从游几席之下。在重犯只知学问是务,并不知有所谓人间事;彼时犯师曾静亦闭门扫轨,甘穷守寂,惟日以前言往行及近世文章道德指授。后因乡穷无书可读,于前岁承犯师曾静命,以四书五经之大全,以及朱子语类文集,隔于河山之险阻,要重犯往各省购求。因至浙江吕留良家买书,偶见其家有诗稿一本,重犯素闻犯师曾静说,吕留良评选时文论头批语,说理据章句集注,为近世名儒。因此即以其诗为必高,遂求取以归。

      犯师曾静看见其中有《钱墓松歌》及《题如此江山图》,始而怪,即而疑,继而信。以为吕留良生长江浙大地,其议论文章为天下人宗,夫岂有差?又限于素来不识本朝得统之正远迈商、周之盛,因此华夷之见横介于中心,加之当今皇帝之龙德贤于尧舜者,无由得知于云山万里之僻壤。而犯师曾静,初以错会华夷之分,而误听谣言蛊惑,既以误听谣言蛊惑,而大昧夫君臣之大伦。是以于去岁戊申之秋,忽有犯师书,命上陕西总督岳钟琪。重犯无知,属在弟子,遂误听师命,冒然前往。及到投递后,岳公始而严审。重犯以受犯师曾静“只去献议,不必告以姓名里居”之命,且彼时无知之见,误信师说,尚固执为事关天经地义之所在,舍生可以取义,所以宁受三木之重刑,至晕绝不变。

      岳钟琪知重犯死不肯供,不能改移,旋即放夹,许重犯为好汉子,且慰之谢之,以宾客礼待之。于逆书所言事理,无不盛称以为实,复告以其家亦有《屈温山集》,议论无不与逆书相合。既见重犯坚不告犯师姓名,乃呼天以示之信,乃言当身所处之危险,甚至垂泪以示其诚;且具书具仪时,告以必欲聘请曾静以辅己。命侄整装,即欲与重犯同行,更以长安县李知县扮作亲信之家人王大爷时刻相陪伴。无一不极其机密而浑然无迹。以重犯当时之固执师说,虽死不肯摇夺者,卒乃使重犯实情毕露,然后具折奏闻。

      由今看来,事固属上天笃爱皇上,故冥漠中默使此逆举败露于重犯之手,然使岳钟琪不备极其智虑之周密,则重犯之冥顽,只知拼一死以全义信于犯师曾静,则逆情亦未轻易得显著。凡此,皆岳钟琪之忠赤贯日,精诚动天,出其素蕴经济弘猷,为国家攘除奸凶,是以顽钝者莫逃其鉴,奸宄者自献其诚。然岳钟琪之尽心为国,而能至于此极者,实由我皇上知人之明,用人之当,虚公下应,至诚感孚之所致也。重犯从前毫不解其故,直至今日得蒙皇上之高厚洪恩,深被德化,又见旨意发出所批岳钟琪奏折数十通,重犯跪读越日,仰见皇上惟以至诚恩眷大臣,备极礼际之隆盛,恩意之周密不啻如父之视子,诚为亘古之所未有;而岳钟琪赤忠图报,不避嫌怨,只知有国,不知有身,不啻如子之事父,亦为自古名臣所罕见。以此回想,重犯前此之妄承犯师使令,冒昧上书者,实实醉生梦死,冥顽无知之极也。当此益觉愧死无地,痛恨追悔之莫及,敢不剖析隐曲,输情服罪,哀恳皇上之矜恤于万一乎!重犯之背逆心肝,实尽于此。至于传说浮言之人,俱在犯师曾静所供内,重犯实另无见闻。若稍有传闻,重犯当此时深沐皇上千古未有之殊恩,虽粉身碎骨,亦不足以仰报,何敢忍心昧理,为他人讳罪,以负我皇上天高地厚之恩哉!

      一、皇上不是有意遵循守孝三年的古制,不过是为了尽心尽孝才安心罢了

      曾静供:经曰:“先王有至德要道,以顺天下。”

      又曰:“慎终追远,民德归厚矣。”是古之帝王治天下,其大本大根,必在于孝。诚以孝为百行之源,万化所从出之地,所谓“亲亲而仁民,仁民而爱物”。如木之有根,水之有源,必根盛而后望得叶茂,源深而后可得流长,必亲亲无亏,而后德足以仁民,仁民量满,而后功足以覆物。是德教加于百姓,乐利普遍环区者,皆由一孝所致,即《论语》所谓:“孝悌也者,其为仁之本与”是也。然理虽一定而不易,其实躬行实践者少。至于三年之丧,虽曰“自天子达于庶人,父母之丧,无贵贱一也”。然新主当万机综理之下,苟非仁孝诚敬之至,实有难行。此不唯三代以下罕见,即三代以上之圣君哲后,从头算来,亦未闻历历有几。古称大孝,首推虞帝,然当上世浑噩,风气未开,礼制未备,三年之丧,未经记载,其详不可得知。继算武王为达孝,礼制略述于《中庸》。其中丧葬之制,春秋祖庙之修,继志述事之绩,与夫追王之礼,享帝之仪,可谓千古郁郁之盛。然在当时,武王亦不能独成其美备,大事多资周公之力,定于周公之手。其余只有高宗,书载谅阴三年,所以卒推商朝中兴贤圣之首君。然在当时,孔门高弟亦疑其势有难行,后儒注疏亦多疑谅阴之制为心丧,未必能实居庐被素也。后世以日易月,虽自汉文帝,然战国时,滕文公欲行三年之丧,访于孟子,父兄百官,皆不欲,谓吾宗国鲁先君莫之行,吾先君亦莫之行。则是短丧之制,自春秋战国时,已视为泛常矣,岂独自汉始乎!即在诸侯素称秉礼之国,亦不能行,况无子乎!自是以来,历代帝王固无有能行者,即向有一二好礼之君,仁孝之主,则有欲行而势不能行者,有勉强行之者,而不终者;有徒循其名,而不能尽其实者,求其实能尽礼尽制,出于至情,发于本心,表里无间,始终如一日者,则绝无焉。

      我皇上至孝至仁,至诚至敬,超越万古帝王。自圣祖仁皇帝升遐之后,继以孝恭仁皇后宾天,共历三十五个月,悲哀极至,感慕之诚,久而弥笃。抚时生悲,触绪增伤,见忾闻,追思永慕,无时或释于怀。每朝夕共奠,朔望殷祭,哀痛迫切。至扶送梓宫,赡拜山陵,惨怛号呼,一时万众感泣,不能仰视。即听政临朝,总理万机之下,偶有感触,辄欷流涕,哀情所发,忘不自胜。群臣日侍左右,仰瞻天颜,无不吞声哽咽。因诸王大臣援引古典,再三奏请,于天地宗庙之大祀,恭行典礼。皇上虽勉从所请,仍于养心殿斋居素服,以尽思哀思慕之诚,三年谅阴,恪遵古制。乃圣德谦让,却而不居,屡下谕旨,谓情不容以自禁,心不能自觉,遑论其合于古制否乎!细恩旨意,正得制礼之意,适合礼制之至,非精通性命之微者不能到。且当圣祖仁皇帝服阙之时,将近孝恭仁皇后大祥之侯,群臣奏请释哀即吉,我皇上谕以“臣民固有不同,朕于所生,何有二视!朕非有意遵循古制,但行其心之所安而已。”

      逮后诸王大臣屡疏恳慰,而明旨屡颁,反复晓谕,不允所请。仍素服斋居,触物生悲,感念孝恭仁皇后,即复追思圣祖仁皇帝,怙恃交慕,历久弥深。

      夫丧服本以期断,三年为加隆,所出古人制礼仪节以渐而减,诚以历时既久,人子之孝思,有所易匮故也。至若前丧未除而遭后丧,三年有加,为日益长,非仁孝诚敬之至,安能持久而不懈!况兼服行之母后,历三年始终如一日者,尤为仅见之事。此无论自古帝王所未有,即史册所载,士大夫中,秉礼之家,笃行之士,亦未闻有尽哀尽礼,初终不逾如是者也。

      况自古帝王,当丧则多废政之累,而临政又不免忘哀之咎。而我皇上于斋居永慕之中,孝思所及,无一事不体圣祖之心以为心。是以敬天法祖,大孝至诚,旰食宵衣,勤求民隐,扬清激浊,整饬官员,蠲数百万惟正之输将,开亿万年无疆之乐利;推继志述事之孝思,行存亡兴废之盛典;事事默契天心,念念感通圣祖。岂但徽号之议,协万世之人心;配天之典,冠百王之隆会。与夫晨昏之瞻拜,朔望之祭享,守陵之致敬,庙寝之告虔,无一时不思哀思敬,无一事不尽礼尽诚而已。此所以至诚至孝,感通天地。当圣祖仁皇帝袷祭之时,合璧联珠,即悬象于苍昊;迨孝恭仁皇后祥之候,一茎九穗,复呈瑞于郊圻。域中河清四省,孝陵蓍草丛生。非仁孝诚敬之至,与天无间,曷克臻此!此岂三代以下之贤君,所得仿佛其万一!进而上之,虽极虞帝之大孝,武王之达孝,其精详亦未闻是过也。

      弥天重犯从前僻居山谷,以谣言惑乱,何知圣德万分之一!今伏读《大礼记注》,不唯信从前之听闻出于诽谤,如坠深谷,而且信得我皇上之至孝纯仁,亘万古之圣帝明天子所不到。是以数日以来,不觉痛心割肝,刻刻泣流湿襟。一面感圣德之纯诚,思得法以宣传于穷乡海隅,并及故乡间里;一面痛老母之衰独远离,期遂志复亲音容,得详告圣天子如是之大恩大德,俾临年得以欢喜瞑目。夫以弥天重犯冥顽无知之极,今闻见圣主之至仁圣孝,至诚至敬,如此极至弗加,尚有以感动其天良,触发其至性,泣流湿襟,不觉欣欣戚戚,有归厚之思。况天下闻之,焉有不大昭于变之休,咸登比户可封之域乎!

      二、雍正皇帝勤政爱民,与天理浑然一体,神功伟德实在是顶天立地

      曾静供:弥天重犯读书浅少,如何晓得天地高厚?况属山鄙狭陋,负罪弥天。一旦身近圣天子之光,忽睹广大精深,胆寒心裂,愈觉窍口难开。只有圣德神化,感通于变,其效甚速。是以弥天重犯昔虽冥顽,同于禽曾,今得被化,幸转人胎。以此心下犹具蚁知蚊见,稍得窥于高深于万一。窃闻天以好生为德,而好生中有无限因时制宜,至当不易之法。在天不能运量裁制以成其能,尽举而畀之于聪明睿智,能尽其性,合其德者为之。是君之心即天之心,君之德即天之德。凡天所欲为者,君体天之心为之;天所欲行者,君体天之德行之。君未尝参一毫己意于其中,事事仰承天命而已。所以大君之号曰天子,言善继善述,与天不分两体,实一气贯注,如子之承父也。但天隐而难见,其本体之流露者,惟理而已。故先儒曰:“天即理也。”

      人君政刑德礼,浑然从一,理运量发,露于两间,斯方称得是天践形合德的肖子,而为大君当身之职分。以是粤稽历代帝王,虽代不乏英伟贤智,而求其运量裁制,浑乎天理之公,而无一毫人欲之私,得天之有子者,历数千载而罕见。今伏读圣谕,而知我皇上浑然一理,泛应曲当,其施之于政刑,见之于德礼者,无一处不知之极其精,无一事不处之极其当。神明尽化,化裁尽变,推行尽通,圣德神功,蟠际天地。而究其归,皆因物付物,初未尝稍存一毫成见,介于虚明应物之天也。只见得念念从民设想,处处体天定趋,所以无事无时不以圣祖皇帝为怀。盖圣祖皇帝乃天笃爱之肖子,圣祖皇帝之心即天心,圣祖皇帝之德即天德,一而二,二而一,怀想圣祖皇帝即是体天地。况敬天之至,至诚肫恳,本于性生,而儆戒乾惕之切,尤天一时或释于怀。所以天人交孚,呼吸相通,而感应之理,不惟见之最深最切,抑且屡试屡验,捷如影响。自是以敬天之念勤民,深宫几多经纬天地的筹画,神运无方的猷谋,无一时一刻,不以爱养天下苍生为念,为斯万物各得其所而后即安。是以忧勤惕厉不遑宁处,凡可以利生民之安,除生民之若者,思无不到,到无不行,行无不实。知民之艰难在食,蠲租减赋之典,无年不颁;赈灾救患之泽,无处不遍。

      偶闻一处旱涝,即悯念忧形,不惟减膳,甚或饮膳不御,弹竭精诚,为民祈祷,多修人事,以格天心。率至祷雨雨通,祈晴晴应。复以食乃民天,农为食本,每岁躬耕藉田,以重农事。而老农之勤劳俭朴者,亦岁举给以品秩荣其身。思明刑原以弼教,而群德期于好生。法虽一定,心本宽仁,稍有一线可生,则因事原情,时生恻隐之念。诚以民命至重,宁过乎仁,毋过乎义也。知察吏所以安民,而惩贪兼得以养廉,宵旰忧勤,无非为国计民生,思久安长治之策,所以隐微之中,疑似之间,辨晰精详,秋毫不爽。如谕公私二字,关系甚重,不可不辨。而公中有私,私中有公者,尤不可不时时警戒。与夫论因循苟且,一味求悦于人,称赞之者甚多,即如阿大夫之誉言日至也;杜绝私情,不肯取悦于众,谤议之者甚多,即如即墨大夫之毁言日至也。又如辨武断乡曲者非是武断,揽权者实非揽权,此毫厘千里之间,帝尧亦以为难,今皆剖决明晰,如丝过扣,毫发不混。此所以用赏用罚,忽用忽舍,无往而不得其公正之至者,为渊衷虚而权度精明也。

      盖皇上渊衷为止水,如明鉴,万物之过其前者,妍自然毕露而不容掩。原非鉴与水留恋于当前之物,而后得照见,若稍留一毫意见去照物,则鉴与水虚明之本体,反为此意见所掩蔽,而照物不见了。必浑乎天理之公,而不杂一毫人欲之私,方有此种境界。故举凡用人理财,养老恤幼,崇师训士,以及揆文奋武,皆开千古所未开之盛典,而实极千古所未到之至善。且诏诫所颁,反复丁宁,区画详密。

      内自大臣群僚,外及军民童叟,务期天下群登乐利之域,共享升平之福。其中旨意周切,理熟义精,一言一字,皆可与二典三谟并垂天地而不朽。是不惟仁天下之心,安天下之学,超越天下之才识,亘万古之圣君哲后莫与媲。而即比自朝至暮,一日万机,件件御览,字字御批。一应上任官员,无论内外大小,每日必逐一引见,谆谆告诫以爱民扶绥之至意,事至物来,随到随应,不留一毫不周不密、不精不当之憾。直至二三更,方得览批各省督扶奏折,竟不用一人代笔,其焦劳如此。此种历练天下之精神,亦亘古励精图治的至君哲后所不到。尚犹圣不自圣,每以为君难为虑,并以不及圣祖之圣德神功为忧。是以德合天地,至诚感孚。数年以来,诸瑞齐见,万福骈臻,而且道不拾遗,蔼然成周太和之盛,唐虞熙之隆,亘千古而再觏者。

      弥天重犯身犯寸磔之典,自痛生圣人之世,竟生不得为圣人之氓,庶几死为圣世之鬼。岂料圣德同天,生民未有之殊恩,既超禁处厦,复给食赐衣,今蒙恩旨,又复开锁,皇德皇恩已极荡荡难名。弥天重犯抢地呼号,痛心挖髓,此时即置之极刑,亦王法人情所当然,死亦知思感德,甘心瞑目。况蝼蚁百姓,当此皇恩无涯,何敢言报?只愿插翅遍飞宇内,凡人力所能到、足迹所可及,逢人逢地,宣扬圣德同天之大,无间内外,申明本朝得统之正,直近商周,一洗从前谣言之谤,共知吕留良为圣世之逆贼,共歌太平之世,共祝有道天子,万寿无疆,以赎补当身万死蒙赦之罪,斯幸耳。深情结胸,重义透髓,一字一泣。谨供。

      内阁九卿奏本曾静等即使是一失足铸千古恨,也应该殃及九族入牢狱刑部等衙门奏为遵旨复加讯问事。上谕:“曾静一案,前命侍郎杭奕禄、副都统海兰详加审讯。据曾静逐款回供,俱是悔过感恩之语,此等奸险之徒,语言诈伪,或畏惧诛戮,故勉强作此认罪之词;抑伊自知罪大恶极,愧耻悔恨,出于本心。著大学士、九卿詹事、翰林、科道,将从前诘问各款,逐一再加讯问,确取口供具奏。钦此。”

      臣等将杭奕禄等遵旨审讯曾静口供,逐款复讯,据曾静供出,与从前口供俱各相符,俯首认罪,甘服上刑。又据供:“弥天重犯罪案,今日蒙知大人逐款勘讯,自知万死万剐,更有何法可解!所痛恨者,实因住在深山穷谷,愚昧无知,是以吕留良之逆说情论,得以迷心。惟其有吕留良之悖论在心,所以阿其那、塞思黑、允之党羽匪类,并发遣广西人等之奸谋流谤,得以惑听。抑惟其有阿其那等之流谤在心惑听,而吕留良之邪说悖论,愈得以固志。二者交乘,相因为害,遂致酿成亘古未有之极恶而不自知。直到后来,实见得我皇上之至德同天,与我朝得统之正,直迈商周,方知从前之错谬,自悔自愧,自咎莫及。

      “盖我皇上之大德,弥天重犯自旧岁到今,饱饫已周年矣。不惟目睹耳闻,深仁厚泽之在天下,为自古所未有,即弥天重犯以蝼蚁之微,冒犯九五之尊,万死不足蔽辜,而当亲皇恩,尚容留苟延残生以到今日。虽尧舜之对,亦未见有此出格殊恩至于如此,又岂汉高之宽,唐太之明,所能拟似于万一!况我朝得统之正,治化之隆,并非泛说‘远迈商周’。一语所能尽。盖我朝龙兴,不由中土而起于满州,由满州而至中国,地之相去数千余里,而德化之盛,及于中土,薄海内外,无不倾心爱戴。由是天与人归,使大统一朝而成,不劳而得,并非汤武之居中渐化,而后民心乐从,始有天下者可比。其规模更大更远,所以为亘古莫及。

      “凡此皆是弥天重犯旧岁一路来,亲被我皇上的德化,亲见熙景象,颂德歌功,欢声载道,不觉倾心悦服至此。则前之狂悖,由于无知,后之爱戴,出于有见。前后虽异,其实皆发于本心。此固不是巧说以偷生,亦非旁人所能代为指拨开导而有是说话,实字字句句皆从一片良心发出。且弥天重犯从头一路细思,实由列祖列圣之功德,在天地间极其大,我皇上之圣仁,迈古今而极其至。故皇天默使弥天重犯传其害道悖义之论,露其奸党谤毁之行,以显圣德于深山穷谷,申名义于千秋万世,使天下之大,万世之远,人人悦服,处处倾心耳。“所以弥天重犯到今日感德被化之余,愿置身极典,以求其心之所安。且使天下万世,共知我皇上至德深仁,透民骨髓,即在无知悖逆之民,犹切被化改过,自愿伏罪以至如此。所以弥天重犯到今日,惟有仰恳众大人转奏,将弥天重犯速正刑典而已,更有何说!”等语。

      该臣等看得曾静狂逆凶狡,罪大恶极,妄信逆贱之悖论及奸党之流言,胆肆凶逆,辄敢诋毁本朝,诬蔑君上,编造逆书。从湖南至陕西,劝封疆大臣以反叛,欲构乱于升平之世。核其情罪,法无可宽。且曾静以一山野细民,戴高履厚五十余年,忽谋为叛逆之事,从古以来,乱臣贼子中无有其比。臣等审讯之下,无不切齿恨愤,咸愿食肉寝皮,虽寸磔族诛,不足以蔽其辜。

      查律内谋反大逆,但共谋者,不分首从,皆凌迟处死;正犯之祖父、父、子、孙、兄弟、及伯叔父、兄弟之子,男十六以上,不论笃疾、废疾皆斩;男十五以下,及正犯之母、女、妻、妾、姊妹、子之妻妾,给付功臣之家为奴;正犯财产入官;若女许嫁已定,归其夫;正犯子孙过房与人,及正犯聘娶未成者,俱不追坐等语,曾静应照此律,即凌迟处死。行文湖南巡抚,查明曾静之祖父、父、子、孙、兄弟及伯叔父、兄弟之子、男十六以上,照律皆斩立决;男十五以下,及母、女、妻、妾、姊妹,子之妻妾,解部,照律付功臣之家为奴。所有财产,查明入官,伏乞皇上允臣等所请,将曾静立正典刑,以彰国法,以快人心。至张熙与曾静共谋不轨,听从曾静指使,赴陕投送逆书,思欲构乱。亦应照“共谋者皆凌迟处死”律,即凌迟处死。为此,合词谨奏。请旨。

      一、我雍正是将遗诏的“十”改成“于”字而谋取皇位的吗?  

      奉上谕:自古凶顽之徒,心怀悖逆,语涉诋诬者,史册所载,不可枚举。然如今日曾静此事之怪诞离奇,张为幻,实以古所未见,为人心之所共忿,国法之所断不可宽者。然朕往复思之,若伊讪谤之语,有一事之实,在朕有几微不可问心之处,则不但曾静当蓄不臣之心,即天下臣民,也应共怀离异之志;若所言字字皆虚,与朕躬毫不干涉,此不过如荒山穷谷之中,偶闻犬吠鸣而已,又安得谓之讪谤乎!上年此事初发之时,朕即坦然于怀,实无丝毫仇怒之意,笑而览之。此左右大臣皆深知之。嗣令侍郎杭奕禄、副都统海兰,前往湖南拘曾静到案,明白晓谕,逐事开导,动以天良,祛其迷惑。而伊始豁然醒悟,悔过感恩。其亲笔口供,不下数万言,皆本于良心之发见,而深恨从前之误听浮言,遂妄萌悖逆之念,甘蹈赤族之诛也。盖其分别华夷中外之见,则蔽锢陷溺于吕留良不臣之邪说;而其谤及朕躬者,则阿其那、塞思黑、允、允等之逆党奸徒,造作蜚语,布散传播,而伊误给以为实之所致。自上年至今,已将一载。朕留心体察,并令内外大臣各处根究,今日案内著邪书、造谤言之首恶俱已败露,确有证据,并不始于曾静者,尽明白矣。与朕初意毫无差谬。则曾静之误听,尚有可原之情,而无必不可宽之罪也。

      据曾静供称,伊在湖南,有人传说:先帝欲将大统传于允,圣躬不豫时,降旨召允来京,其旨为隆科多所隐,先帝宾天之日,允不到,隆科多传旨遂立当今。其他诬谤之语,得之于从京发遣广西人犯之口者居多等语。又据曾静供出,传言之陈帝锡、陈象侯、何立忠之人,昨从湖南解送来京。朕令杭奕禄等讯问,此等诬谤之语,得自何人?陈帝锡等供称:路遇四人,似旗员举动,憩息邮亭,实为此语。其行装衣履是远行之客,有跟随担负行李之人,言中京师王府中来,往广东公干等语。查数年以来,从京发遣广西人犯,多系阿其那、塞思黑、允、允门下之太监等匪类,此辈听伊主之指使,到处捏造,肆行流布。

      现据广西巡抚金奏报,有造作逆语之凶犯数人,陆续解到。讯据逆贼耿精忠之孙耿六格供称,伊先充发在三姓地方时,于八宝家中,有太监于义、何玉柱向八宝女人谈论:圣祖皇帝原传十四阿哥允天下,皇上将“十”字改为“于”字。又云:圣祖皇帝在畅春园病重,皇上就进一碗人参汤,不知何如,圣祖皇帝就崩了驾。皇上就登了位。随将允调回囚禁。太后要见允,皇上大怒,太后于铁柱上撞死。皇上又把和妃及其他妃嫔,都留于宫中等语。又据达色供,有阿其那之太监马起云向伊说:皇上令塞思黑去见活佛,太后说:“何苦如此用心!”皇上不理,跑出来。太后甚怒,就撞死了。

      塞思黑之母亲,亦即自缢而亡等语。又据佐领华赉供称,伊在三姓地方为协领时,曾听见太监关格说,皇上气愤母亲,陷害兄弟等语。八宝乃允管都统时用事之鹰犬,因抄抢苏克济家私一案,圣祖皇帝特行发遣之恶犯;何玉柱乃塞思黑之心腹;太监关格系允亲给之太监;马起云系阿其那之太监;其他如允之太监马守柱、允之太监王进朝、吴守义等,皆平日听受阿其那等之逆论,悉从伊等之指使。是以肆行诬捏,到处传播流言,欲摇惑人心,泄其私仇。昨据湖南巡抚赵弘恩等一一查出,奏称:查得逆犯耿六格、吴守义、达色、霍成等,经过各处,沿途称冤,逢人讪谤。解送之兵役,住宿之店家等,皆共闻之。凡遇村店城市,高声呼招:你们都来听新皇帝的新闻,我们已受冤屈,要向你们告诉,好等你们向人传说。又云:只好问我们的罪,岂能封我们的口!等语。是此等鬼蜮之伎俩,一无所施,蓄心设谋,惟以布散恶言为煽动之计,冀侥幸于万一而已。夫允平日,素为圣祖皇考所轻贱,从未有一嘉予之语。曾有向太后闲论之旨:“汝之小儿子,即与汝之大儿子当护卫使令,彼也不要。”

      此太后宫内人所共知者,圣祖皇考之鄙贱允也如此。而逆党乃云,圣意欲传大位于允,独不思皇考春秋已高,岂有将欲传大位之人令其在边远数千里外之理!虽天下至愚之人,亦知必无是事矣。只因西陲用兵,圣祖皇考之意,欲以皇子虚名坐镇,知允在京毫无用处,况秉性愚悍,素不安静,实借此驱远之意也。

      朕自幼蒙皇考钟爱器重,在诸兄弟之上,宫中何人不知!及至传位于朕之遗诏,乃诸兄弟面承于御榻之前者,是以诸兄弟皆俯首臣伏于朕前,而不敢有异议。今乃云皇考欲传位于允,隆科多更改遗诏,传位于朕,是尊允而辱朕躬,并辱皇考之旨,焉有不遭上帝皇考之诛殛者乎!

      朕即位之初,召允来京者,彼时朕垂涕向近侍大臣云:痛值皇考升遐大故,允不得在京,何以无福至此!应降旨宣召,俾得来京以尽子臣之心。此实朕之本意,并非防范疑忌而召之来也。以允之庸劣狂愚,无才无识,威不足以服众,德不是以感人,而陕西地方,复有总督年羹尧等在彼弹压,允所统者,不过兵丁数千人耳,又悉皆满州世受国恩之辈,而父母妻子俱在京师,岂肯听允之指使,而从为背逆之举乎!其以朕防范允,召之来京者,皆奸党高增允声价之论也。及允将到京之时,先行文礼部,询问见朕仪注,举朝无不骇异。

      及到京见朕,其举动乖张,词气傲慢,狂悖之状不可殚述。朕皆隐忍宽容之。朕曾奏请皇太后召见允,太后谕云:我只知皇帝是我亲子,允不过与众阿哥一般耳。未有与我分外更亲处也。不允。朕又请:可令允同诸兄弟入见否?太后方谕允。诸兄弟同允进见时,皇太后并未向允分外一语也,此现在诸王阿哥所共知音者。后允于朕前肆其咆哮,种种不法,太后闻知,特降慈旨,命朕切责允,严加训诲之,此也宫中人所共知者。允之至陵上,相去太后晏驾之前三、四月,而云太后欲见允而不得,是何论也?且何玉柱等云,太后因闻囚禁允而崩;马起云向伊妹夫达色又云,太后因闻塞思黑去见活佛而崩。同一诬捏之语,彼此参差不一者如此。

      且塞思黑去西大同,在雍正元年二月,朕将不得已之情,曾备悉奏闻太后,太后是而遣之者,并非未请慈旨太后不知不允之事也。即允之命往守陵,亦奏闻太后,欣喜嘉许而遣之者,亦非太后不知不允之事也。雍正元年五月,太后升遐之时,允来京,朕降旨封伊为郡王,切加教导,望其省改前愆,受朕恩眷。后伊仍回陵寝地方居住。其间阿其那在京,塞思黑在陕,悖乱之逆日益显著。是其逆心必不可折,邪党必不肯散。而雍正四年,又有奸民蔡怀玺投书允院中,劝其谋逆之事,朕始将允召回京师拘禁之。是允之拘禁,乃太后升遐三年以后之事,今乃云太后因允囚禁而崩,何其造作之舛错至此极耶!

      又马起云云,塞思黑之母亲自缢而亡。现今宜妃母妃,朕遵皇考遗旨,著恒亲王奉养于伊府中,而逆贼等以为昔年自缢,真鬼魅罔谈也。前康熙四十七年,圣祖皇考圣躬违豫,朕与诸医同诚亲王等,昼夜检点医药,而阿其那置若罔闻。至圣体大安,朕与之互相庆幸,而阿其那攒眉向朕言;目前何尝不好,虽然如此,但将来之事奈何?是阿其那残忍不孝之心,不觉出诸口矣。朕曾将伊不是处,对众宣扬羞辱之,而伊深为愧恨。今乃以六十年之进奉汤药,加恶名于朕,可谓丧尽天理之报复,无怪乎遭神明之诛殛也。至于和妃母妃之言,尤为怪异莫测。朕于皇考之宫人,俱未曾有一见面者,况诸母妃辈乎!七年来,如当年皇考宫中之人,即使令女子辈,若曾有一人在朕左右,朕实不对天日以君临兆庶也。又曾静供称,伊在湖南时,传闻皇上令浙江开捐纳之例,欲将银六百万两修造西湖为游幸之地。彼时为其所惑,今乃知皆奸党造作,毫无影响之语,无所不至。夫西湖所有昔年地方官盖造之行宫,朕尚皆令改作佛宇矣,而奸党云,欲捐纳银两修造西湖为游幸之地,不知出自何论。又三姓地方,有人造播流言:皇上在芦沟桥盖造官房,收往来客商之饭钱等语。朕因应试士子来京者,桥上查检行李,不免风雨露处之苦,是以特发帑金,盖造房舍,俾其住歇。令管理税务之人,到店验看应试文凭,即令放行。在士子辈既有投足之地,又可免奸商冒充应试之人,致于漏税之咎。此朕之仁政,直省举子感恩颂德之事,而奸党以朕为欲收容商饭钱,作此等诬谤之语,实为可笑,亦可怪也。

      阿其那、允纵酒无忌,而加朕以酗酒之名。阿其那等蓄心阴险,存倾陷国家之念,怀与皇考为仇之心,而反一一加之于朕。总因阿其那等平日之逆谋不遂,畜养匪类者久矣。播散讹言,分门立户,各各收买党羽,欲以蛊惑人之耳目,俾素蓄逆念之蠢动而起,然后快心,祖宗之社稷所不顾也。夫加朕以凶暴恶名,其罪犹轻,独不念圣祖皇考六十余年之丰功懋烈,而作如此归结,岂为人子者所忍为乎!阿其那、塞思黑等之罪,实万死不足以赎矣。

      伊等之奸谋若此,目今败露者,即不胜其数,其他匪类邪党之听其驱使者,奚止数千百人!造作种种诬谤之语,已流散于极边远塞,则宇宙之内,乡曲愚人,为其所惑者,岂止曾静数人而已哉!即如三姓之协领华赉,身在地方,有稽查之责,乃伊将所见所闻,俱行隐瞒,不以入告。朕在九重大内,何由而知之?何从而究之?又何自而剖晰开示,使天下臣民共晓之?今蒙上天皇考俯垂默佑,令神明驱使曾静自行投首于总督岳钟琪之前,俾造书造谤之奸人一一呈露,朕方得知若辈残忍之情形,明日张胆将平日之居心行事,遍谕荒陬僻壤之黎民,而不为浮言所惑于万一。亦可知阿其那、塞思黑等蓄心之惨毒,不忠不孝,为天祖之所不容,国法之所难宥处。天下后世,亦得谅朕不得已之苦衷矣。此朕不幸中之大幸,非人力之所能为者,即此则曾静不为无功,即此可宽其诛矣。

      从来奸宄凶丑,造作妖言,欲以诬民惑众者,无时无之。即如从前妖言云:“帝出三江口,嘉湖作战场”。此语已流传三十余年矣。又如广西张淑荣等言:钦天监奏紫微星落于福建,今朝廷降旨,遣人至闽,将三岁以上九岁以下之男子,悉行诛戮。又有山东人张玉,假称朱姓,系前明后裔,遇星士推算伊有帝王之命,似此诞幻荒唐,有关世道人心之语,往往地方大臣官员希图省事,目为疯癫,苟且掩护于一时,而未念及其迷惑之害,日月渐远,传播渐多,遂不能究问其所自来,转令无辜之人,受其牵累。此皆庸碌无能,视国家利害于膜外之大臣等养痈之害也。

      又如村塾训蒙之人,本无知识,而又穷困无聊,心怀抑郁,往往造为俚鄙怪妄之歌词,授于村童传唱。而不知者遂误认以为童谣,转相传流布。此皆奸民之欲煽惑人心,紊乱国法者。地方大吏有司,视为泛常,不加稽察惩创,以防其渐。可乎?

      前年,有人捏称侍郎舒楞额密奏八旗领米一事,欲以摇惑旗人之心。舒楞额闻之,据实入奏。此时朕随降旨根究,即得其造言之人,加以惩戒。凡属流言初起之时,若地方大臣能肯悉心穷究,必得其根由,使奸宄不至漏网,庸愚无知亦不至拖累,其有裨于人心世道者,良非浅鲜。今因曾静之事,而查出首先造谤之渠魁,盖以此案发觉尚早,易于追寻,故可递推而得其根源也。且朕之宽宥曾静,非矫情好名而为此举也。《虞书》曰:“宥过无大,刑故无小。”

      曾静之过虽大,实有可原之情。若我皇考时时训诲子臣曰:“凡人孰能无过?若过而能改,即自新迁善之机,故人以改过为贵。但实能改过者,无论所犯之大小,皆不当罪之也。”

      朕祗承圣训,日以改过望天下之人。盖过大而能改,胜于过小而不改者,若曾静可谓知改过者矣。朕赦曾静,正欲使天下臣民,知朕于改过之人,无不可赦之罪,相率而趋于自新之路也。且朕治天下,不以私喜而赏一人,不以私怒而罚一人。曾静狂悖之言,止于谤及朕躬,并无反叛之实事,亦无同谋之众党。彼跳梁逆命之人,果能束身归命,畏罪投诚,尚且邀赦宥之典,岂曾静独不可贷其一死乎!

      且曾静之前后各供,俱系他亲笔书写,并非有所勉强逼勒,亦并非有人隐受意指,实由于天良感动,是以其悛悔之心迫切诚恳,形于纸笔。此及可原之情,并非以其为谄媚颂扬之词,而欲宽其罪也。若今日喜其谄媚而曲宥之,则从前即当怒其诬谤而速诛之矣。况曾静今日颂扬之词,较之从前诬谤之语,其轻重悬殊,何止千百?论其情罪,岂足相抵!若有人议朕喜曾静之谄媚而免其罪者,则与曾静从前之犬吠鸣无以异矣。然朕亦不论。除造作布散流言之逆党,另行审明正法外,著将曾静、张熙免罪释放,并将伊之逆书及前后审讯诘问之语,与伊口供,一一刊刻颁布,使天下人共知之。

      湖南省地方大小官员等,平日既不能宣布国恩,敷扬朕训,化诲百姓,尽去邪心,致有此等愚昧狂乱之人,实有阄忝于父母斯民之责,此则深当愧耻者。今若以羞忿怨恨之心,或将曾静,张熙有暗中贼害情形,朕必问以抵偿之罪。曾静等系朕持旨赦宥之人,彼本地之人,若以其贻羞桑梓有嫉恶暗伤者,其活罪亦然。即朕之子孙,将来亦不得以其诋毁朕躬,而追究诛戮之。盖曾静之事,不与吕留良等。吕留良之罪,乃皇考当日所未知而未赦者,是以朕今日可以明正其罪。若曾蒙皇考赦免之旨,则朕亦自遵旨而曲宥其辜矣,特谕。

      二、朕诸兄弟不可以德化,不可以理喻,不可以情感,不可以恩结,而其悖逆妄乱,的确是百折不回 

      又奉上谕:“从来善恶之报,纤毫不爽。凡罪大恶极之人,虽一时宽宥,免于诛戮,而伊辗转行回,仍复自投法网,若有驱逐之使然者。即如阿其那、塞思黑、允、允门下同恶共济之徒,潜蓄邪谋,阴怀逆志,实国家之巨贼,贻宗社之隐忧。朕既洞烛其奸,本应将伊等置之于法,以绝根株。只以一时不忍,思古人“歼厥渠魁,胁从罔治”之意,予以宽典,发遣边方,保其性命,以为此辈稍有人心,或能感发天良,悛改夙恶。岂料逆天造孽之人,不可化诲,毒忍之性,愈益猖狂,上干天地,皇考之怒。委曲婉转,假手于曾静辈,使奸党匪类之罪状一一呈露,不容漏网。天道昭著若此,能不令人毛骨悚然,倍加警惕乎。

      朕即位之初,召诸兄弟于养心殿,朕以肝膈肺腑之言,痛哭向诸兄弟劝谕之曰:朕蒙皇考付托之重,于诸子之中,传朕以大位。不比前代继统之君,先后序立,父子之间,各成其是;非如禹汤之后而有桀纣,天下不得因其子孙之不善,而掩禹汤之功德。若朕之于皇考,则是非得失,实为一体。朕躬若是,则皇考之付托为是;朕躬若非,则皇考之付托为非。以皇考六十余年之圣德神功,超越千古,朕断不敢苟且怠荒,甘于自弃,使天下后世,共论皇考付托之误,致掩六十余年功德之崇隆。朕之此心,上天、皇考实鉴临之。

      凡我兄弟,均受皇考生成顾复,数十年天高地厚之深恩,当仰体皇考之心,并思天无二日,民无二王之义,各抒忠荩,协赞朕躬。于朕所不能者,辅之助之;于朕所错误者,规之谏之;朕便有过失,亦当谅之隐之。同心匡弼,让朕一个是字,使朕为一代之令主,以成皇考之是,即诸兄弟所以报皇考罔极之鸿慈也。似此谆谆劝告,乃阿其那、塞思黑等置若罔闻,而悖逆妄乱之念,百折不回。不可以德化,不可以理喻,不可以情感,不可以恩结。即如阿其那方封亲王时,伊即向人出怨望愤激之语,且向在廷大臣云:“皇上今日加恩,焉知未伏明日诛戮之意!其目下施恩,皆不可信。”

      又当大庭广众,咒诅朕躬,则其他可知矣。朕初即位时,塞思黑谓其左右人等曰:“不料事情竟至如此,我辈生不如死。”此伊太监王应隆亲口供出者。及令伊居住西宁时,伊则以多金邀买人心,以致奸民令狐士仪等人密投书札,劝其构逆。

      又如允依傍景陵居住,尚有奸民蔡怀玺投书院中,称伊为帝,而伊藏匿之。是伊等之逆心,断不改除;伊等之逆党,断不解散。朕早夜筹思,总无可以料理措置,以全顽梗,以安宗社之良法。万不得已,将阿其那、塞思黑、允、允分别拘禁,而不料阿其那、塞思黑相继皆伏冥诛。

      朕之办理此事,皆默告天地,虔对皇考,熟思审慎,量其轻重为宗社国家之大计,置此身于度外之举,此心可以对上天、皇考。至于众口之褒贬,后世之是非,朕不问也。从前储位未定时,朕之兄弟六、七人,各怀凯觎之心,彼此戕害,各树私人,以图侥幸。而大奸大恶之人,遂乘机结党,要结朝臣,收罗群小,内外连属,以成牢不可破之局。公然以建储一事,为操权于己,垂手可成,不能出其范围。此等关系宗社国家之大患,朕既亲见而深知之,若苟且姑容,不加以惩创儆戒,则凶恶之徒,竟以悖逆为寻常之事,其贻害于后世子孙者,将不可言矣。况古人云:“抚我则后,虐我则仇。”是君民、上下之间,有天冠地履之义,尚言施报之情,岂有臣下之分,作乱犯上,显然昭著,只因系出宗亲,遂可纵恶长奸,置宗社大计于不问乎!故以在下言之,则曰:抚我则后,虐我则仇。而以在上言之,则曰:忠我则臣,背我则敌。此一定之情理,千古之通义也。且孟子曰:“民为贵,社稷次之,君为轻。”

      夫与君与社稷相较君尚轻于社稷,则兄弟宗亲,更不待言矣。若但务敦睦九族之虚名,而不计宗社苍生之大患,岂不本末混淆,轻重倒置耶!今不必远引古昔之事,即以我朝与明代近事言之,我太祖、太宗刚毅明决,预烛机先,不以私情而存姑息之见,是以成大一统之规,贻世世子孙太平之福。明之建文优柔寡断,不知大义,不识极变,意欲保全骨肉而酿成永乐之祸,卒至国危身丧,为祖宗之罪人。永乐虽幸而事成,祖宗天下不至落他人之手,然俯对臣庶,能不赧颜乎?传之后世,能免讥议乎?

      且扰乱海内,荼毒生灵,宗社之危,臣民之厄,未有甚于此时者。又如明宸濠之乱,亦由于姑息酿成,可为天下后世之鉴戒也。总之,人君不幸遇此等之事,若见之既真,知之既确,则当权其利害之轻重而毅然决断,勿存小不忍之见,顾己身之毁誉,以贻祸患于无穷。倘见之不真,知之不确,而冒昧行之,或更有所怨参乎其间,则为天地祖宗之罪人,亦不能逃于谴责也。朕于阿其那等结党构逆之情,知之真确,而其显然背叛之迹,又大庭广众之所共见共闻者。彼时诸王大臣等屡次合词陈奏,请将阿其那、塞思黑等即正典刑,朕召入面见堕泪,复切谕之曰:“阿其那、塞思黑、允、允乃圣祖皇帝之子,朕之亲弟,骨肉手足。尔等皆受圣祖皇帝及朕深恩之人,今所奏如此,若稍有情罪不符之处,陷朕于不义,或稍有心口相违之处,抱歉于隐微,则得罪于上天、皇考者,莫大乎是。其能逃于天谴乎!”

      此时诸王大臣异口同声,无不以为阿其那、塞思黑等悖逆之情罪,断断不容宽宥。朕复逐一询问,人人皆言陈奏之处,实实出于公心。朕犹降旨询问各省督抚、提镇等,其所奏亦复佥同。只因尚有数处未曾奏到,朕未降旨,各令拘禁,仍欲详加斟酌而定之意。而二人乃相继而死,朕尚未将伊等明正典刑也。此京师亿万臣民所共知之事,不待朕之晓谕者。

      若天下之人,必欲以朕诛戮二人为言,据伊等罪情、朝廷法律而论,朕也不以诛戮二人为讳。盖有此一番惩创,使天下后世宗亲不肖之辈,知大义之不可违越,国法之不可幸逃,循理安分,以受国家宠荣,则所以保全骨肉宗亲者大矣,多矣!此遵古帝王“刑以弼教”之意,实尽敦睦九族,端本之道者。观今日阿其那、塞思黑已死,而其逆党匪类等仍不肯歇心,更加摇唇鼓舌,到处诬捏布传,冀惑天下民人之听,为构衅报复之端。若非上天、皇考俯垂默佑,使之败露,则传之天下后世,倘贻疑似之端,不但朕抱不白之讥,可惜皇考六十余年际天蟠地之功勋,上天六十余年锡福凝禧之恩眷,俱付之流水矣。朕又自幸抚躬内省,实毫无几微瑕疵之可指摘,理直气壮,因曾静此案,得以明目张胆,向薄海内外亿万臣民剖析而畅言之。不然则口将言而嗫嚅,岂能免于瞻顾回护,又何颜以对廷臣左右近侍之人乎!朕蒙皇考俯鉴悃忱,于众弟兄中,惟许朕以“诚孝”二字。

      朕时时自问,不但用人行政,起居出入之间,事事效法君父,即隐微之间,偶举一念,必思此一念果合于我君父,始敢存于胸臆,否则必屏去之。朕虽不敢自谓尽孝,然生平一片爱慕诚敬之心,实可对天地神明。是以仰蒙上天、皇考照察,保护提携,每显彰景象,而发奸摘伏之处,实非人力所能为者。朕惟有以手加额,感激项戴,刻骨铭心,益加黾勉而已。朕因匪类诬捏浮言,故明白剖析前后,降旨十数道,以示臣民。倘朕言有一字虚捏,是亦如若辈之居心,必遭上天之责罚也。特谕。

      三、朕之“屠弟”,正是为了不负皇考付托之重,顾及宗社之安危 

      又奉上谕:前曾静逆书,诬谤朕躬诸条,离奇荒唐,即梦寐中亦无此诞幻怪异之境,惟有加朕屠弟之名一切,朕不辩亦不受,已于前谕中述其梗概。但朕之苦衷,尚有未曾详析宣示者。当日阿其那阴险狡狯,实逆党之渠魁,塞思黑、允、允皆听其指挥,愿出死力,而不顾伦常之大义,其举动甚不可测,若阿其那果肯省愆悔过,革面革心,则其他断无有不效法悛改者。朕是以令塞思黑等分别居住,而留阿其那在京,所以加恩厚待,冀其感激醒悟者,无所不极其至。且披肝露胆,诚切劝告,至于泣下,所少者惟下跪恳求耳。岂知伊悖逆不臣之念,百折不回。前诸王大臣等所参恶迹数十条,皆举朝共见共闻之实事。及至拘禁之后,不但不知畏惧,转欢跃加餐,横肆之态,不堪枚举。是岂尚有悛改之日耶?塞思黑居住西宁,逆状种种,无丝毫畏惧之心。及令其来保定时,岂但无儆惕之意,一路谈笑自如。其解送人员,向伊称述朕即位以来所办政务,伊笑曰:“他从来伶俐”。全无臣弟之道,而其悖逆之念更炽,又何可望其悛改耶!允拘禁已四年有余,至今悍傲如昔。允在拘禁之地,尚为镇魇之术,被伊太监出首。朕遣大臣询问情由,并从前结党等事,伊云:“我若说出,只恐杀我,如果皇上免我从前重罪,则便一一实供。”

      所遣大臣云:“皇上原有旨意,汝若据实供出,丝毫不隐,必宽宥汝罪”。于是伊将从前阿其那、塞思黑、允等朋比作奸,阴谋秘计,暨朕即位后所怀逆议,一一供吐,且自认镇魇不讳。是以诸王大臣立请正法,朕仍将伊宽宥。看伊近来似稍有感愧之意。 

      至于阿其那、塞思黑从来之恶迹,其彰明较著,为朕所知者,不可胜数;而其处心积虑,鬼蜮之行踪,为朕所不知者,不知凡几。伊等自意为朕必皆悉知,料无可幸免之理,是以残毒之念,日益加深,妄乱之行,愈无忌惮,拼一死以累朕,逆志坚定,不可拔矣。似此万无可姑容之罪情,而朕尚未忍即置之于法,仍令拘禁,以待天下督抚大臣公奏到日再行酌定。不料旬日之间,二人相继俱伏冥诛,实奇事也。此时朕垂涕谕全朝大臣曰:“朕原欲为十全之令主,以报答我君父之恩。今有二人之事,便黾勉十分之善,亦减去其半矣。此朕所遭之不幸,岂非朕父子前因夙劫之冤孽耶!”

      总之,此等立心与国家君父为仇之人,暗结死党,潜蓄奸谋,不将国家至于扰乱倾危,其心不肯止息。朕既洞烛其逆情,若不先期防范,及彼谋成事就而后应之,则朕之力不能胜,彼时身死无名,为天下后世笑,不但负皇考付托之重,而宗社之安危,正不可必,天下生灵皆遭涂炭之厄矣。幸朕每事洞烛几先,伊等之伎俩,全无所施,惟力造作恶言,以为煽惑报复之计,由今日之事观之,虽渠魁数人被诛,而其同党胁从,至微至贱之人,仍复怀藏逆志,传布大逆之语。以此情形观之,然则朕之留心防范,早为经理者,岂非上天、皇考默启其心,使宗社苍生享太平之福耶!从来仇敌之人,造为谤议以泄其忿者,往往有之。朕从前未忍将逆党悉行正法,而充发边远时,亦料此辈奸邪匪类,必有怨望之词,想亦无人听信。但不料其诬蔑诋毁,怪诞奇特至于此极,亦并不料有曾静、张熙辈遂信以为实,而便生背叛之心也。所幸薄海之外,亿人兆人,受皇考圣祖六十余年深仁厚泽,浃髓沦肌,不为匪类流言摇惑于万一者,岂人力之所能哉!则皇考之留遗于朕者岂止天高地厚而已哉!今日不但雪朕不白之冤,而皇考又安宗社苍生之功德愈加彰著矣。挥泪书此,再示臣民,天下也可以知朕之心矣。

      和硕怡亲王等题为滔天之罪恶难宽,率土之同仇甚切,恳祈乾断,明正典刑,以昭国宪,以快人心事。臣等伏读上谕,宽宥曾静,仰见我皇上大度包涵,如天之无不覆,如地之无不载。虽恶兽毒蛇,魑魅魍魉,不忍以雷霆歼灭,欲使之改面回心。

      自尧、舜、禹、汤以至于今,未闻此宽大之典也。但臣等伏思我朝创业垂统,列祖圣圣相承,圣祖仁皇帝御极六十余年,丰功骏烈,炳耀日星,厚泽深仁,浃洽宇宙。皇上嗣统建极,大孝大德,至圣至诚,宵旰勤民,仁育义正。躬行节俭,俾藏富闾阎;广沛恩膏,以普寒黎庶。蠲赈动盈亿万,教养溥遍遐荒。数年以来,年岁丰登,民气和乐,嘉祥骈集,风俗阜成。举凡含齿戴发之俦,靡不沐浴皇风,歌咏帝德,山陬海,僻壤穷乡,咸顺则怀恩,心悦诚服。乃有曾静者,性与人殊,张为幻,蛊惑于逆贼吕留良之反书悖论,复道听阿其那、塞思黑门下之奸徒匪类散布诬捏毫无影响之流言。辄敢编集蜚语,缮写谤书,令其徒张熙从湖南远至陕西,赴总督岳钟琪衙门投递。虽不能为反叛之事,实素蓄反叛之心。是以恶贯满盈,神明驱遣,令其自行败露,身服典刑,以消异类之邪说,以正天下之人心也。经年以来,中外臣民闻其嗥吠,皆切不共戴天之忿,思食其肉而寝其皮。

      今皇上沛如天之仁,悯其始由误听,今已悔悟,情有可原,特加宽宥。臣等伏读圣谕,以改过望天下之人,过大而能改,胜于过小而不改,若实能改过,则无不可赦之罪。又念跳梁逆命者,畏罪投诚,尚邀赦宽之典。大哉皇言!宽仁好生之德,度越千古。但曾静枭獍性成,阴谋不轨,诬谤悖逆,罪恶弥天。查律例开载十恶,凡谋反叛逆及大不敬,皆常赦之所不原。是曾静之罪在十恶,乃三宥之所不及。而张熙与曾静共谋不轨,赴陕投递逆书,思欲构乱,亦所难宽。仰祈皇上俯允臣等所请,敕下法司,将曾静、张熙按律处决,碎尸悬首;查其亲属逆党,尽与歼除;以明朝廷之宪章,慰臣民之公愤。臣等无任恳笃激切之至。为此,谨题请旨。奉旨:宽宥曾静等一案,乃诸王大臣官员等所不可赞一词者,天下后世或以为是,或以为非,皆朕身任之,于臣工无与也。但朕再四详慎,所降谕旨,俱已明晰,诸王大臣官员等不必再奏。倘各省督抚提镇有因朕宽宥曾静复行奏请者,著通政司将本发还。

      雍正上谕吕留良怎么得罪了圣祖皇帝在天之灵,而落致戮尸枭首的下场

      上谕:我朝肇造区夏,天锡人归,列圣相承,中外景从。逮我圣祖仁皇帝,继天立极,福庇兆民,文治武功,恩施德教,超越百王,亘古罕有。此普天率土,心悦诚服。虽深山穷谷,庸夫孺子,以及凡有血气之伦,亦莫不尊亲者。讵意逆贼吕留良者,悍戾凶顽,好乱乐祸,自附明代王府仪宾之孙,追思旧国,愤懑诋讥。夫仪宾之后裔,于戚属至为疏贱,何足比数。且生于明之末季,当流寇陷北京时,吕留良年方孩童。本朝定鼎之后,伊亲被教泽,始获读书成立,于顺治年间,应试得为诸生。嗣经岁科屡试,以其浮薄之才,每居高等,盗窃虚名,夸荣乡里。是吕留良于明毫无痛痒之关,其本心何曾有高尚之节也。乃于康熙六年,因考校失利,妄为大言,弃去青衿,忽追思明代,深怨本朝,后以博学宏词荐,则诡云必死;以山林隐逸为荐,则剃发为僧。按其岁月,吕留良身为本朝诸生十余年之久矣,乃始幡然易虑,忽号为明之遗民,千古悖逆反复之人,有如是怪诞无耻,可嗤可鄙者乎?自是著邪书,立逆说,丧心病狂,肆无忌惮。其实不过卖文鬻书,营求声利,而遂敢于圣祖仁皇帝任意指斥,公然骂诅,以毫无影响之事,凭空撰造。所著诗文以及日记等类,或镌板流传,或珍藏秘密,皆人世耳目所未经,意想所未到者。朕翻阅之余,不胜惶骇震悼。盖其悖逆狂噬之词,非惟不可枚举,抑且凡为臣子者,所不忍寓之于目,不忍出之于口,不忍述之于纸笔者也。今姑就其中数条,略为宣示内外诸臣,庶天下后世共知其张,感愤之荒唐,犬吠狼嗥之忿戾。自生民以来乱臣贼子,罪恶滔天,奸诈凶顽,匪类盗名理学大儒者,未有如吕留良之可恨人也。

      其文集有云:“德以后,天地一变,亘古所未经”。又其行状云:“有故人死于西湖,为位以哭,坏墙裂竹,拟于西台之恸。”

      又云:“将以小庄为桃花源,为不知有汉,无论魏晋之人。”

      又云:“遂削发为僧,苟延性命。”

      又辞山林隐逸之荐,答友人书云:“有人行于途,卖饧者唱曰:破帽换糖。其人急除匿,已而唱曰:破网子换糖。复匿之。又唱曰:乱头发换糖。乃惶遽无措曰:何太相逼!留良之剃顶,亦正怕换糖者相逼耳。”

      又示诸子戒庆生辰云:“如其有重于生也,则偷息一日,一日之耻也。世有君子曰:夫,夫也,何为至今不死也。则其谬严于斧钺,又何庆之有?使以辱身苟活者为庆,将置夫年不满三十,义不顾门户,断飞首,以遂其志义者于何地也。”

      又日记内诗句云:“若论五百年间事,紫色蛙声总正传。”

      又云:“麻喇吉出城,送者填塞,饥渴易为饮食如此,观我民狼狈不知所归,可怜可痛也。”

      又云:“李雯,华亭人,甲申后入北幕,《与史道邻书》及《下江南诏》皆其笔也。中有‘六合一而泰阶平,礼乐兴而干戈息’之句,人传嗤之。”

      又云:“沈天彝为其妹求旌贞节,且云其尊公弃车先生遗命,不请有司之旌。予曰:‘尊公之识高,其命正当尊也。’弃车先生遭变后十余年,闭门不见宾客,颠毛全好,天彝忽以酒灌醉,尽髡之。醒为号痛而已。所著述将及栋,天彝尽取焚之,恐其有刺触累己也。嘻,亦异矣!”

      又祭友人云:“斯文将丧,逆天者亡,顾我逆天,死反得后。”等语。此即其梗化不臣,明目张胆,指我朝为闰统,托吠尧以自文者,皆此类也。夫吕留良食本朝之粟,履本朝之土,且身列胶庠,深被本朝之恩,何得视如仇敌,而毫无顾忌,普蜂蚁之不若乎?又文集有云:“人心恶薄日甚,即杀运所开,聊避睹闻,窃恐不免。”

      又日记云:吴三桂乞撤之语,甚有愤懑不平之气。三桂老不足虑,其下恐未必安。”

      又云:“滇中于甲寅元日寅时即王位,取四寅也。今按其时正彼中日食云。”

      又云:“董允出其新作,乃《平平凉颂》也,予不看,曰:先须改题目,去首字改颂作叹。”

      又云:“闻吴三桂死,有吴国贵者立,清遣人往讲,割云贵罢兵。”

      又云:“闻闽乱为范承谟激成,承谟亦死于闽。”

      又其行状内云:“夙兴夜寐,终日乾乾”等语。夫普天之下,莫非王土;率土之滨,莫非王臣。吕留良于我朝食德服畴,以有其身家,育其子孙者数十年,乃不知大一统之义,平日之谓我朝皆任意指名,或曰“清”,或曰“北”,或曰“燕”,或曰“彼中”。至于与逆藩吴三桂连书之处,亦曰“清”,曰“往讲”,若本朝于逆藩为邻敌者然,何其悖乱之甚乎!且吴三桂、耿精忠乃叛逆之贼奴,人人得而诛之,吕留良于其称兵犯顺,则欣然有喜,惟恐其不成;于本朝疆域之恢复,则怅然若失,转形于嗟叹。于忠臣之殉难,则污其过失,且闻其死而快意;不顾纲常之倒置,惟以助虐迎寇为心;不顾生民之涂炭,惟以兵连祸结为幸。何吕留良处心积虑,残忍凶暴之至,此极也。且乾乾夕惕,《易经》传注,皆以为人君之事,而其子孙公然以加吕留良之身,不更肆且妄乎?

      又云:“永历帝被执时,满汉皆倾心,东宫勒马前行,以鞭梢东指,则东边满汉兵皆跪,西指则西跪。弑之日,天地晦霾,日月失光,百里之内,凡关壮缪庙皆被雷击”等语。

      查伪永历朱由榔本窍立于流寇之中,在云贵广西等处,其众自相攻剽劫夺,贻害民生,后兵败逃窜缅甸。顺治十八年,定西将军爱星阿领兵追至缅城,先遣人传谕缅酋,令执送朱由榔,否则军临城下,后悔无及。大军随至城下,缅人震惧,遂执朱由榔献军前,杀伪侯王维恭等一百余人,于是全获朱由榔眷属以归。此永历之实迹,乃中外人所共知者。朱由榔穷蹙无归,为我朝满汉大兵所共擒,岂有擒寇贼之人,转于其马前行跪之理乎?其时之汉人兵丁,亦耻而不为之事,况于满人乎!此等瞽说,荒唐鄙谬,无中生有,不知何自而来也。至云关壮缪庙皆被雷击,尤为荒诞之甚。朱由榔之死,实系上天诛殛,而人力岂能强为耶!关圣帝君与雷神皆为奉天司命之正神,何以有凡关庙皆被雷击之事?于理亦甚为不顺。

      且本朝用兵以来,事事皆仰荷上天眷佑之恩,百神呵护之德。即如我兵之守永兴也,士卒不过千人,贼以重兵相攻,势甚危急,蒙真武之神,显化神兵,布满岩谷,狂寇寒心褫魄,众遂溃逃而散。此有御制碑文,详纪其事者。其克复云南城也,则有金马飞腾之兆,而逆寇即日荡平。此皆见之志乘,万目共睹之事,天下所共知者,然此不过举一二事而言,其它不可枚举,吕留良独闻之乎?总之,逆贼吕留良,于本朝应有征应之事迹,则概为隐匿而不书,而专以造作妖诬,欲快其私愤。伊之妄诞伎俩,能逆天乎?

      又文集内云:“今日之穷,为羲皇以来所仅见”等语。夫明末之时,朝廷失败,贪虐公行,横征暴敛,民不聊生,至于流寇肆毒,疆场日蹙,每发糜饷数百万,悉皆出于民力,乃斯民极穷之时也。我朝扫靖寇氛,与民休养,于是明代之穷民,咸有更生之庆。吕留良岂毫无耳目,乃丧心昧理,颠倒其说,转言今日之民穷乎?况逮我圣祖皇帝爱育黎元,海内殷庶,黄童白叟,不见兵革,蠲租减赋之政,史不胜书。民何由而穷,至为羲皇以来仅见之穷乎?试问之吕留良,如我圣祖皇帝六十余年,久道化成,休养生息,物阜民安,内外升平,兆民乐业,即自羲后以来,史册所纪屈指而数。蒙上天之眷佑,可以比并我朝之盛者,果可多得乎?而乃云:“羲皇以来未有之穷”,不太甚乎?即如吕留良怀不逞之心,动云万金结客,而其刊刻我朝时文,货卖牟利,富仍不赀。观其日记所载米盐琐碎,算及粪壤,营营求财之心,惟日不足,尚得谓之穷乎?又日记内云:“四月末京中起怪风三日,其色大红,著人面皆红。”

      又云:“石门镇堰桥水忽立二丈许,舟中芦席,有飞至南高桥,复还原舟者。”

      又云:“有大星如碗,后有细星随之,如彗。”

      又云:“十二月二十九日夜雨甚大,然大电,随发震雷,甚响而长,不知明年作何运数耳。”

      又云:“初五日午后,日光磨荡,有黑日如斗状。”

      又云:“日有三枚,日旁有一差小者,色白不甚动;白日旁又一小者,色赤而动甚。”

      又云:“河南郏县有凤至,百鸟朝会数日。有二赤鸟,长丈许,以身蔽凤,凤身五色陆离,鸣如箫韶。邑人怪之,驱牛厌胜,牛俱股栗不前。路上死鸟甚众。又有死金色鲤,狼藉地上。时予作《凤砚铭》云:‘德未尝衰,尔或不来,善以道鸣,必圣人生。’而忽闻此,又一异也”等语。凡此毫无影响,妄捏怪诞之记载甚多。总由其逆意中幸灾乐祸,但以捏造妄幻,惑心观听为事。其荒诞不经,皆不顾也。夫灾亦古所时有,上天垂象,原以儆戒人君,令其修省进德,未有事不实而可以为鉴者也。若如吕留良之记载,一一皆虚,天地间未有之事,何以示儆于将来?假使传诸后世,以捏影捕风之语,或信为实有之事,必以从前太平盛世,尚有如此非常奇怪灾异,倘遇日月星辰水旱之变,必轻忽为无关于治乱,而漫不经心,其所以启后世人君之怠玩者,其罪不可胜数矣。

      又日记云:“康熙甚吝,吴中顾云者,写真甚精,供奉内廷,不许其遍游公侯之门。一日入朝,仓遽用旧服。康熙曰:‘此要银子也。’荐之一王子,王子送元宝二百两及缎,康熙收之。临行辞,康熙只予二十四两而已”等语。不但岂有此事,而怪诞悖乱,何至于此极也。吕留良以此诬诋圣德。夫韩昭侯藏蔽裤曰:“欲待有功者。”

      史册相传,以为美谈。今一写真之人,即圣祖仁皇帝不轻加厚赐,亦圣主慎重赏赉之盛德耳。而吕留良捏此浮言,讥为吝惜财物乎?圣祖仁皇帝在位六十一年,除水旱赈恤外,特恩蠲免钱粮,不下数百万万,此天下臣民所共知,岂吝主所能为者?吕留良独无耳目乎!忍心害理,可谓极矣。且吕留良谊属臣民,而慢称康熙,其悖逆无状,何太甚矣。即此数条,猖狂悖乱,已极放言横逆之罪,况其它太甚之词,尤足令人痛心疾首,不共戴天。

      夫吕留良生于浙省人文之乡,读书学问,初非曾静山野穷僻,冥顽无知者比。且曾静只讥及于朕躬,而吕留良则上诬圣祖皇考之盛德;曾静之谤讪,由于误听流言,而吕留良则自出胸臆,造作妖妄。况曾静谬执中国夷狄之见,胸中妄起疑团,若不读吕留良之书,不见吕留良之议论蜂起,快心满意,亦必有所顾忌。而不敢见之文辞。是吕留良之罪大恶极,诚有较曾静更为倍甚者也。朕向来谓浙省风俗浇漓,人怀不逞,如汪景祺、查嗣庭之流,皆以谤讪悖逆,自伏其辜,皆吕留良之遗害也。

      甚至民间氓庶,亦喜造言生事。如雍正四年内,有海宁、平湖阖城屠戮之谣。此时惊疑相煽,逃避流离者有之。此皆吕留良一人为之倡导于前,是以举乡从风而靡也。盖浙江士人等,习见吕留良之恣为狂吠,坐致盛名,兼拥厚赀,曾无纤芥之患得婴其身。是以转相推服,转相慕效,多被愚迷而不知也。甚至地方官吏,怵其声热之嚣凌,党徒之众盛,皆须加意周旋,优礼矜式,以沽重儒之誉。如近日总督李卫,为大臣中公正刚直之人,亦于到任之时,循沿往例,不得不为之赠送祠堂匾额,况他人乎?此其陷溺人心,浊乱世俗,害已不可胜言矣。数年以来,朕因浙省人心风俗之害,可忧者甚大,早夜筹划,仁育义正,备极化导整顿之苦心,近始渐为转移,日归于正。若使少为悠忽,不亟加整顿,则吕留良之邪说诬民者,必致充塞胶固于人心而不可解,而天经地义之大闲,泯灭沦弃,几使人人为无父无君之人矣。吕留良之为祸浙省者,不知何所底止耶!今日天道昭然,逆贼恶贯时至,令其奸诈阴险尽情败露,则不容不明正其罪,以维持世教,彰明国法者也。且吕留良动以理学自居,谓已身上续周、程、张、朱之道统。夫周、程、张、朱世之大儒,岂有以无父无君为其道,以乱臣贼子为其学者乎?此其狎侮圣儒之教,败坏士人之心,真名教中大罪魁也。而庸流下愚,不能灼知其心迹行藏,乃以一不解天经地义之匪类,犹且群我以道学推之,则斯文扫地矣。即吕留良自撰之文亦云:“逆天者亡。”

      又曰:“顾我逆天,死反得后。”明知逆天之罪大,而必欲悍然蹈之,死而不悔,不知古今以来,天地间乖戾悍暴之气,何独钟于吕留良也。

      朕即位以来,实不知吕留良有何著述之事,而其恶贯满盈,人神共愤,天地不容,致有曾静上书总督岳钟琪之举,曲折发露,以著吕留良之凶顽。而吕留良之子如吕葆中者,曾应举成名,蒙恩拔置鼎甲,仕列清华。其余子孙多游庠序,乃不即毁板焚书,以灭其迹。且吕葆中既已身叨仕籍,而犹世恶相承,并未洗心涤虑,前此一念和尚谋叛之案,党羽连及吕葆中,其时逆迹早已彰著,蒙圣祖皇帝如天之仁,免其究问,而吕葆中遂忧惧以死。

      就常情而论,吕葆中之兄弟子孙,遇如此之惊危险祸,且荷蒙圣祖皇帝如此之高厚洪恩,自当感激悔悟,共思掩覆前非,以为幸逃诛殛之计。岂料冥顽悍鸷,习与性成,仍复抱守遗编,深藏笥箧。此固吕留良以逆乱为其家传,故吕葆中等逆竖昏愚,罔知警惕;而实乃天道昭然,不容少昧,如有鬼神驱遣,使逆贼之阴谋彻底呈现于今日。逆贼之遗毒,不致漏网于天诛也。前此曾静逆书,朕所以一一剖白者。缘朕即位以来,深知外间逆党甚众,自然散布讹言,惑乱人心志。其所以诋惟朕之一身者,朕可以己意自为判定归结。若如吕留良之罪大恶极,获罪于圣祖在天之灵者,至深至重,即凡天下庸夫孺子,少有一线良心之人知此,亦无不切齿而竖发,不欲与之戴履天地,此亦朕为臣子者情理之所必然。兹特降谕旨,将诸条略为宣示,其逆贼吕留良及其子孙嫡亲弟兄子侄,应照何定律治罪之处?著九卿翰詹科道会议,直省督抚、提督、两司,秉公各抒己见,详核定议具奏。

      一、我是怎样受吕留良思想毒害,而成为弥天重犯的?

      曾静供:弥天重犯生于楚边,身未到过大都,目未接见文人,见闻固陋,胸次尤狭,只有一点迂腐好古好义之心,时存于中而不可泯。加以吕留良之文评,盛行于世,文章举子家,多以伊所论之文为程法,所说之义为定义,而其所讥诋本朝处,又假托《春秋》之义,以寄其说于孔子口中,所以不得不令愚人信其实。弥天重犯心下虽不知本朝得统来历,与列圣相承功德,然生圣祖皇帝之朝,赖圣祖皇帝之恩,自祖父以来,无干戈之扰,无苛政之苦,休养生息,以乐以利,大是安业顺化,胸中原无此说。无奈吕留良将此义发得惊异,且以为说出于孔子。弥天重犯虽不识吕留良如何人,焉有不信孔子?且浅陋无知,胸中实别寻个义理解脱不出,因妄自揣量,以为士人读书,无事不当以孔子为法,岂有当前一个这样大的名义全不照管,竟将孔子一部《春秋》囫囵吞下去,如何使得。所以抱此疑团,陷身大逆而莫救。

      直到今日想来,当时之所以别寻个义理解脱不出者,只为心中不知本朝龙兴之原,与列圣递承之绩,所以为一部《春秋》缚束。若晓得这两个缘故,本朝名正言顺,大义亭亭,关《春秋》所摈甚事,与管仲所攘何涉,又何至为彼说所拘局。弥天重犯今日之所以切齿痛恨于吕留良者,为伊生于明末之季,身处江浙人文之区。于本朝功绩岂有不知,以伊之聪明才性,本朝如此亭亭大义,岂看不出,即托身于儒林,合该早将斯义表白于天下,使天下读书士子,晓然知本朝大功大德,名正言顺,尊之亲之,而勿致疑于孔子《春秋》之说。此方是吕留良当身之正义,如何反将此正大义理隐蔽,不见宣发,竟支吾旁引《春秋》之义,以抵当本朝。

      既背经文之旨,复乖当身之义,且流说于士林,遗累于国家。今日士子之从事举业文字,晓得他的说话者,胸中未尝不染其恶。但所知有浅深,是以受病有轻重,求其能卓然自信,知吕留良之说为非,而复解脱得一部春秋之义,与本朝丝毫无碍者实少。盖人纵晓得本朝功德之隆,治业之盛,远驾汉唐,而直接三代,与圣人之生,原无分于东西;然终不能去吕留良之说。而紧抱一部《春秋》义旨,在言下不是说坏本朝不是圣人,定会诽谤孔子错作《春秋》,此弥天重犯前在长沙两次亲供,解说此义。

      到今日思来,实是皇天眷佑我朝,知得我朝正义正名,久为逆说掩蔽于士庶人之胸,所以假弥天重犯之口,曲折阐发此义,使天下万世共尊共亲,无毫发遗玷于我朝之圣德神功,故必如弥天重犯之身亲经历,方晓得此义。

      从前错误,实由于无知,而过信吕留良之说所致,今得圣谕开示,复就伊荒唐鄙谬,无中生有的说话思之,并考吕留良的时地与其学问心术,知得彼非不知而看错,实出于有意以诋诬也。所以于本朝一切实有征应之事迹,则概为隐匿而不书,而专以捏造妄幻惑人观听为事,全不知食本朝之粟,履本朝之土,食德服畴,以有其身家,育其子孙者数十年,皇恩之当报,而竟无顾忌,相视如仇敌。今观其说话,全是以张佞利之口,逞其忿戾凶顽之习,而复七为藏奸隐诈,假托圣贤之说,盗名理学大儒,以欺世而惑人。自古以来乱臣贼子,包藏祸心,诱变士子,陷害良民者,未有如吕留良可痛可恨之甚也。然在重犯因过信吕留良逆说,与误听谣言,而身陷极恶大罪以来,每清夜自思,心虽无恶,罪实难解。

      即令自家判断,亦寻出路不著,况圣天子一日万机焉,能烛照心肝,洞悉民隐,知得无知误听,本心无恶而钦恤之?足以屡蒙皇上如天之仁,颁旨宽宥,自家心正觉得皇恩虽然好生,当身罪过重大,恐难得其生路解脱也。今蒙圣谕剖判吕留良罪案,复取弥天重犯罪案比较,此时在弥天重犯只有惶恐战粟,死生待命之下而已。又焉敢摇唇张口,指他人所犯之大小,诉自己罪恶之轻重!特以尧舜在上,无不达之民隐,圣谕所颁,原得许直供陈奏,而今日所供者,又皆在谕旨包涵遍覆之内,是以敢于冒死直供。且以弥天重犯如此极恶重罪,尚得容许自供自解,可以知我皇上宸衷虚明广大,直同天体,不惟为亘古首出之圣君,然即此一事,亦属亘古未有之奇典。弥天重犯当此盛会,又何敢隐忍回曲,而不直供其所以然。

      因是思得吕留良之著说纪载,是有心为恶,而假托于善,以掩其恶。弥天重犯之狂举上书,本不知是恶,乃用意为善,而自陷于恶。盖吕留良生明末之季,处江浙之省,读书学问,何事不晓,何义不讲,本朝功德,宜耳闻目见而身被熟矣。岂若弥天重犯之生晚而居处穷僻,心暗质鲁,不惟别事不知,即流贼李自成名姓亦不晓。若使早似吕留良之有知,不但不肯为此狂悖之举,且久已将我朝功德阐发,见之于言,论传之于士林,使天下共晓君亲之义矣。又何至有弥天重犯狂悖之举。盖生本朝而搜纪本朝之功绩,阐明本朝之道德仁义,正学士分内事,自古儒者所必先之举。吕留良何计不出此,而反以讥诋为事?今蒙圣谕开示:“吕留良生于浙处人文之乡,读书学问初非曾静山野穷僻冥顽无知者比。”

      此诚德同天地,明并日月,至公至明之至论也。且吕留良本心,不欲圣祖之圣,而伪捏不圣之说,以诬其圣。弥天重犯本心不知皇上之圣,忽听不圣之说,遂误信以为果是不圣。其实谤诬圣祖,罪固不容于死,而讥诋皇上,法又岂容独生乎?所不同者,只为山野愚民,不知圣德高厚,遂为奸党布散流言,惑乱民间听闻。岂若圣祖皇帝在位六十余年,深仁厚泽,沦肌浃髓,虽黄童白叟,皆所深知,况身列胶庠十余年之吕留良乎?皇上天视圣祖,浑忘己德。今蒙圣谕开示:“曾静诋讥及于朕躬,而吕留良则上诬圣祖皇考之盛德。”此又不惟德同天地,明并日月,至公至明,而并且流露我皇上平昔至仁至孝之深衷矣。

      又弥天重犯之狂举,心中本无成见,因闻吕留良逆说,复闻谣言,而弥天重犯附近之地,又偶尔歉收,且平昔并未晓得我皇上圣德万分之—。此时觉得当身道义既催,目前时势又迫,俨若有个鬼神在此驱逐之使动,容人安息不得。所以不计利害,不审成败,妄萌此狂悖逆乱之举,若吕留良,则明知有道,而若不知其道;明闻有德,而若不闻其德。观其立说,多幸灾乐祸之心,毫无忧民爱国之念。是吕留良之诋诬,独出己意,而弥天重犯之狂悖,全凭人使。今蒙圣谕开示:“曾静之讪谤,由于误听流言;而吕留良则自出胸臆,造作妖妄。”

      此诚德同天地,明并日月,至公至明之至论也。至若中外之分,弥天重犯虽曾闻其说,其实亦心知其不然,苦奈学浅无知,见闻未广,思想义理不出,分解不来,无可如何。且一面反覆细观吕留良议论,直指此为今日等一大义,读书人所必守。岂知本朝得统之正,列圣救济之功,皆千古所罕见,与春秋之所摈管仲之所攘义例,不惟不同;且以今较古,脱然如寒暑昼夜之相反。今蒙圣谕开示:“曾静胶执中国夷狄之见,胸中妄起疑团,若不读吕留良之书,不见吕留良之议论蜂起,快心满意,亦必有所顾忌,而不敢见之文辞。”

      此诚洞见肺肝,民情丝毫不能隐处。凡此乾断,固非具大舜之智,不能明察到此。抑非裕帝尧之仁,不能钦恤如是。仁智交融,圣神并至,焉得不令闻者拍案惊倒,以为千古圣明之君所不到。弥天重犯到此生固有荣,死亦何恨?况昨又蒙降旨,九分不杀,是即感明睿之德,照烛隐情;复荷高厚之恩,宽宥重典,恭逢这样神圣天子在上,竟无说可以颂扬比拟得,只有尊之敬之如天地,亲之如父母而已,更有什么话说得。

      二、乱臣贼子吕留良是怎样把我们引入歧途的?

      刘之珩、车鼎丰、车鼎贲、谯中翼、孙用克即孙学颜、陈立安、曹珏、廖易即景叔、张孝先、张勘即实安、张新华、张照、张熙同供:伏惟本朝圣圣相承,积厚流光,太祖高皇帝神武奋兴,肇基东北。太宗文皇帝举义师以除寇乱,为亡明雪耻,救生灵于水火,天下筐篚争迎,同登衽席。世祖章皇帝应天顺人,入登大宝,大一统之盛,虽殷周有未及者。迨我圣祖仁皇帝继统承乾,化神德盛。凡有血气,莫不尊亲。乃不意浙省有吕留良者,恃彼小才,欺世盗名,假评选以驰声,藉刊刻而射利。适值昭代右文之隆会,得以风行宇内,一时传习举业者,悉为其所惑,遂多奉为八股之金科,讲章之宗匠。之珩等庸陋迂愚,素未谙其为人底里,但见其现行选刻本头,论文说书,笔尖舌快,因随众而推服者有之。

      今得见留良和抄藏残稿,种种悖谬,率皆大逆不道之语,甚至轻肆诋讥,上及圣祖,诚有臣子所不敢入于目,不忍述诸口者。乃始惊其平日凶悍性成,乖戾无比,逞臆妄言,私心梗化,正是乱臣贼子之尤,罪大恶极,为王法所断不容。夫以留良身为圣代之诸生,谬附前朝之余烬,践土食毛者业经数十年,直视如蔑有,顾以绝我影响之事,毫无顾忌之谈,公然形诸笔墨。观其言殆桀犬以自居,其实曾蜂蚁之不若,一何其悖逆之至于斯极也。且其身后,长子葆中即成进士,缀清班,其余子孙,亦复多列胶序,则由今日而论,国家之恩泽,涵濡煦育于吕氏者甚深且厚,而回思留良之狂肆背负,愈觉可恨,而其罪益彰明较著,历劫难逃矣。此在忠臣义士固欲请上方以正显戮;而庸夫孺子,稍一线之良者,亦莫不痛恨而发指。即彼诗文中,亦尝自谓逆天,宜乎其享年不永,而旋已早伏冥诛也。窃思留良既死,凡秘笥所留,其子若孙即当速为毁弃,而乃应毁不毁,片纸只字,卒致莫能遁匿者,岂非上天之笃爱圣祖,而又欲有以显佑我皇上之纯孝,所以默使之败露,而表暴其罪状哉!从此宇内士民,幸得悟其背伦逆天,以共晓然于邪正之判,如大寐之忽醒焉。昭昭天理,盖非狂悖者之所能久诬,恢恢天网,亦非叛逆者之所能终漏也。之珩待共沐皇仁,粗知大义,睹此奸回,不胜不共戴天之愤。谨供。

      一、本朝子民严鸿逵追随吕留良效颦狂吠,谩骂诽谤朝廷,是何居心?

      上谕:浙江逆贼吕留良,凶顽梗化,肆为诬谤,极尽悖逆,乃其逆徒严鸿逵者,狂暴狠戾,气类相同。意见吻合,实为吕留良之羽翼,推尊诵法,备述其遗言绪论,又从而恢张扬厉,以附益之,其词有较吕留良为尤甚者。夫吕留良以本朝之诸生,追附前明仪宾之末裔,无端反噬,愤懑猖狂,已属从古乱臣贼子中所罕见;至若严鸿逵,则生今之世,为今之人,自其祖父,已为本朝之编氓,践土食毛,戴高履厚。严鸿逵之于明代,岂有故君旧国之思,而于我朝实被遂生乐育之泽,何所庸其感忿,何所庸其追忆,而亦敢效颦狂吠乎?兹择其悖逆之语、彰明较著者,一并宣示,庶使中外臣民知严鸿逵背理逆天,无父无君之罪,无所逃于天地之间。其日记有云:“索伦地方,正月初三地裂,横五里,纵三里,初飞起石块,后出火,迫三十里内,居人悉迁避。”

      旨云:此等异事,古来甚多,况在口外,何足为奇。又云:“徐姓在燕,有仆妇发狂,一夕见贵者三人坐堂上,忽报朱三太子来,三人下阶迎之。见一人浑身血痕,怒向三人索黑水三道,三人初不允,固索,乃允。约以某日发水始去。醒而言之。后几日,热河水大发,淹死满洲人二万余。计其日,则此妇所梦之日也。”

      又云:“江都邵穆布将死,如有所见,口呼‘惕斋先生,与我无预’者,月余而死。盖当时此事发于此人,有人在彼署中,见其死时如此。”

      又云:“十六夜月食,其时见众星摇动,星星如欲坠状,又或飞或走,群向东行。”

      又云:“旧年七月初四日星变,一钦天监云:此星出天沛垣,入天市垣,分野属吴越,应在数年内吴越有兵起于市井之中。其色白,应主国丧,在本年内其后说已验。”

      又云:“予所戴六合一统帽,以拟四方平定巾,今士人仿效渐多,因阅《日知录》,乃知先朝已有是名,亦太祖所制,若曰‘六合一统’云尔。”

      又云:“燕中人家门首悉土朱画圈,方圆点叉不一,或圈中有字。”

      又云:“徐孝先终身衣直领,戴孝头巾,言与先皇帝戴孝。”

      又云:“近日有雄鸡生卵,雌化为雄;又有犬产蛇鳖,胎生。”

      又云:“练市有沈开生名伦,不去发,白衣冠终其身。”

      又云:“河南有虾蟆食人异。奇哉!”

      凡此荒唐叛逆之语,自康熙五十五年至雍正六年内所记载者,已不胜枚举,其中惟索伦地方,拥石出火,实有之事,此盖彼地气脉使然,前此已经屡见,现今有相同九山为证。本地相传,皆言自土中拥出者,历年已久,无从考索。是以其地名九墩,与新出之石,凡十矣。其傍远迫山顶,亦有烈焰者,此圣祖皇帝深知之事,是以有“从前甚多”之谕旨。而严鸿逵以此为讥讪乎。至热河水发一事,口外重山叠嶂,五六月间大雨时行,凡涧溪悉成巨浸,行旅时为阻滞,然雨止,则一二时即退。热河山回峦抱,中惟一道河流,每雨水稍大,众山之水皆从此出,是以往往有冲决堤岸之事。

      康熙四十八年六月,大雨连昼夜,其时附近行宫一带,地处高阜,惟隔岸山根之下为水所漫溢。本地久居之民,实所习见,不以为异。而扈从之官兵,亦皆知雨止水即减退,皆安重不迁。惟寄居之匠人等,以生平所未见,惊惶迷惑。或有愚人编木为筏,谓可以乘流而渡,遂有木筏触石而解,以至沉溺者数人。又圣祖仁皇帝御用水井,在隔河山麓,有守水官兵,凛尊法度,水至不敢移徙跬步,亦至沉溺二三人。是时,朕以轮班,恭请圣安,随从官兵二三百人驻扎即在水发之地,因约束严整,无一妄动之人。及至水退,皆安然无恙,无一人被水者。乃严鸿逵谓淹死满人二万余,何其妄诞至于此极!江浙等处时有山水骤发,及起蛟之事。动辄冲没村落数百家,严鸿逵岂不闻之乎?何独以热河水发为异也。且热河之地,五方贸易之人毕集,而佣工力作者,多系山东山西之民。而严鸿逵谓独淹死满人,有此理乎?乃托之梦幻,造为朱三太子索黑水等语,不知严鸿逵是何肺肠也。

      夫从来讪骂诽怨之词,多言桀犬吠尧,吠非其主,以自卸其罪。然以严鸿逵生之今世,为今之民,明代沦亡已久,而我朝定鼎,经百年有余,按之天时,稽之人事,则明之太祖与崇祯帝,以及伪朱三太子,非严鸿逵之主也,明矣。若之何托心于遥遥不相关涉之非其主,而转吠及于神尧之主乎?且臆造讹言,好乱乐祸,于升平宁谧之时,作干戈扰攘之望;以圣祖之德盛化神,而公然诬蔑;以今日之民安物阜,而朝夕咒诅。种种丧心病狂,皆拾吕留良之唾余,而尤加幻妄,岂非凶虐性成,万死有余之逆贼乎!且伊既私自著述,造为妖罔嵘,而又貌作迂腐曲谨之态,以掩其奸顽。浙俗浮薄之士,簧鼓其虚誉,致有廷臣以纂修《明史》荐举及伊者,伊乃自鸣得意,抗慢诡激,其日记有云:“传之得炳仪字,仍嘱劝驾。有‘尧舜在上,不可徒事高隐’之语。予笑谓尧舜在上,独不可下放巢由耶。”

      又云:“总宪又有面奏,语嘱易斋令惟怀驰信劝驾,势不得辞云云。然予意自定,当以死拒之耳。”

      其大言藐抗,即已若此。乃日记又云:“有衡州人张熙,字敬卿来见,言其师曾静,永兴县人,在彼中讲学,学者称蒲潭先生。从前因读讲义,始弃诸生。”

      又云:“敬卿欲往江宁,作致双亭字,又寄冬之字。”

      夫以朕特旨诏修《明史》,旁求山林隐逸之士,而廷臣荐举及伊,则妄附巢由之洗耳,至欲以死力拒、视朝廷如儿戏,待征召于弁髦。而于逆贼曾静等叛乱悖恶之徒,尺书驰问,一介相通,则数千里之外,呼吸相应,亲如同气,辗转游扬,招纳党类,天地间,显图不轨,恣意横行,扰乱纲常,震世骇俗,未有凶狡至于此极者也。似此悖逆叛乱之人,煽惑民心,贻祸后世,王法所不容,神人所共嫉,且获罪于圣祖皇帝,与吕留良党恶共济,其罪不容于死。严鸿逵应作何治罪之处?著九卿翰詹科道会同速议,具奏。

      二、曾静痛心疾首地说:“我这过去的禽兽,如今是怎样脱胎成人的?”

      上谕:曾静悖乱凶顽,张为幻,从束狡恶狂肆之徒,未有其比。宜若性与人殊,不可化诲。乃今悔悟,从前为邪说流言所蛊惑,痛心疾首,历历吐供,自称“向为禽兽,今转人胎”等语。可见天地之大,无所不有,亦无物不可化诲。圣人有言,“信及豚鱼”。今以曾静豚鱼不如之物,亦能悔罪悛改如此。伊著《归仁说》一篇,奏云:“此身若在,愿现身说法,化导愚顽。倘不能生,则留此一篇,或使凶恶之徒,亦可消其悖逆之念。”

      可见人无智愚贤不肖,无不可感格之人。是以将曾静《归仁说》附于各供词之后,非以其称功颂德、谄谀而存之也。

      曾静著述  归仁说

      圣人之出也非常,故其生也无常地,亦无常格。而其德业光辉之周于上下四方,心思运量之通于四海万世也。乃一皆超于前古,而并非数百年数千年之所尝有。昔人云:“非常者,常人之所异。”

      窃以为非独常人,即世俗所震聪明绝世,才智出群,竭其私智,足以压服众论;逞其著述,且可流及远境。而不足以知圣人之生,与对人之德业光辉,心思运量之迥出前古,则亦至愚之常人,不安分之常人而已矣。盖天之生圣人也,其积气也极厚,故其备德也极盛。以宇宙而言,必天地中和,积之之久,蕴蓄至数百年,而始生一圣人。又数千年,而始生一大圣人,不常有也。以一家而言,祖宗功德积之之久,至数十年,又至数百年,而始生圣子圣孙,并为大圣之子,大圣之孙。此则又圣祖、圣宗分所宜有。而自下而仰观,亦世所不常有者也。

      譬之未耕种之土,生气郁积既久,而一加耕种,收必数倍,嘉谷岂择地而生,天地于嘉谷亦岂择地而使之生者,而迥异他夫植。麒麟、凤凰不必尽出中土,奇珍大贝何尝不产海滨。同在此天地之中,一大胚胎,或左或右,孰分疆界,安得岐而二之,然则中国之生圣人,固已气竭力倦,而循环以出于远地也,抑何疑哉。况道之在天下无穷尽,无方体。今日与明日不同,此地与彼地各别,本极活脱变易,不容人以成格定式执持捉摸。所贵乎读书知道者,因时制宜,随地取中,即其活变之妙,以竭吾权度裁制之精,取吾与古人之同处勘出异,复使吾所处之异者归乎同,而后与古人五经垂训之旨合,而后人穷经明理,以定义之大用,斯无穷矣。然而斯义也,昔日扣盘扪龠,以瞽语瞽;桃源醉乡,由妄踵妄。若不经风霆鼓动,大冶熔铸,亦无由转头开盲,拨云雾而观天瞻日。盖生人之大迷,而至今乃得大觉也,抑厚幸矣。

      恭惟我朝,当明末之乱,明位之移,由东土而来,扫除寇乱,抚临诸夏,一统无外。至德深仁,沦洽四海,鸿功骏烈,耀两仪。自有生民以为,未有如此之盛者也。自夫世人智不足以知对人之生。与天地之生圣人,往往非常。误以东土为非中华文明之会,并不知列祖相承之德,皆为圣人。于是妄引《春秋》之义,与孔子所许管仲之仁诸说,以比例自矢,甚有惑于近世吕留良之逆说悖论,忘其当前衣被仁育之深恩,敢肆然讥诋诬谤,私形于论说文词者,亦或有之。其名欲正大义,而不知实反拂乎生人之大义;谓以明道,而不知竟大昧乎当然之常道。既昏迷错乱,枉误乎当身,复陷身悖逆,以取罪于当时,而贻讥于后世。此曾经身历者,不得不为天下之有志于学,而不知亦变易之道,徒为吕说所陷溺者,变色告之也。夫天地间二气,五行之精英,由聚而散,日流日广,且变动不拘,循环无常。唐、虞、三代之世,中土本狭、五服之地,荆、楚、吴、越已算要荒蛮服,其余粤、闽、古滇、巴蜀,封疆所建,贡赋所通,尚未属于中国。然计世运之升降,必以治统为转移。而稽治统之转移,又必以道统为依归。唐、虞、三代之盛,承帝治者首推大舜,颂至德者终惟文王。孟子曰:“舜生于诸冯,东夷之人也。文王生于歧周,西夷之人也。”

      是唐、虞、三代时之圣人,已有不尽生于中土者矣。自秦以及五季,千五百余年,二帝三王,周、孔之道,晦盲否塞,不明不行。至宋而天运始旋,其道虽仍不行于上,而实明于下。然开其统者,始于濂溪周子,集其成者盛于紫阳朱子。周子生于湖南永州,而迁于江西;朱子生于江南徽州,而学于福建。今考湖南乃楚地,而永州竟居两广之界,江南即吴江,而徽州实于东闽相接。江西则古三苗之地,福建原属八闽之区。由是观之,则知圣人之生,其不以地限也,昭昭矣。且《春秋》之摈吴楚为夷狄者,因时审地。按其事迹,与今日不惟如方圆体度之不相合,竟脱然如寒暑昼夜之相反,盖风气之开,由渐而著,自有天地以来,文运到周为极盛,而文、武、周公,以世德笃生之圣,制作礼乐,又鉴古为极精。故一时明备灿然,声名文物之隆,不惟非后代汉、唐所能及,实非前代唐、虞所得并。所以圣人赞曰:“郁郁乎,文哉!吾从周。”

      《春秋》之书,虽因平王迁以后,政教不行,王者之迹熄而作,然当时鲁、卫、齐、晋诸国,去文武之世未远,其故家遗俗,流风善政,犹蔼然是成周之旧。而吴、楚、山戎以侏不通诗书,不知礼义之习,逞其僭王猾夏之恶,冒于中华文明之治,此圣人所以深恶而摈斥之。其实圣人之心,即天心,因其当绝者而绝之,初未尝有意以吴、楚为处地,亦未尝立念以高置诸夏,而重内轻外也。使诸夏而不谨其常度,则其贬而抑之,也又甚于吴、楚矣。故先儒撮其旨曰:“夷狄而进于中国,则中国之;中国而夷狄,则夷狄之。是《春秋》之书,分华夷者,在礼义之有无,不在地之远近。心实至公至平,原视乎人之自处何如耳。况今日则更有事不同,而大相反者,何也?古来治统道统之合一,而从天定者,自暴秦变乱以后,虽历汉、唐、宋之盛,犹不免架阁漏空,无当于对人之万一。

      明末之世,尤君怠臣侈,百度废弛。内则宦官专权,把持国政;则藩封放恣,暴殄天物。官吏贪污,横征暴敛,所在皆然。荒淫骄奢,世家大族,习为高致。加以文德尽废,远人不服,各处蒙古外藩,皆为劲敌,边警时闻,应接不暇,元气尽丧。即极之前后五代之衰,亦不过是。座之流贼四起,惨杀屠掠,毒逾汤火。凡贼所经过府郡州县,以及市井村落,类皆片瓦不保,目惨心伤,自有生以来,其离乱未有如是之甚者也。论者不思此境,妄引三代、春秋之盛以此例,何其悖谬甚乎?况本朝太祖创业东海,以德行仁本,尤取明天下之心。至太宗皇帝,政举教修,仁声仁闻,四讫海内。当是时,曾勒兵入关,徇地直至山东临清,周视京城,纵猎南苑,以期为明解仇释怨,熄兵安民。而明之君臣,竟置之不问,由是振旅东归,明不能以一矢加遗。当时若有一毫利天下之心,取明直如反掌之易,又何待贼陷京城,愍帝身殉国难,明祚已绝,明位已移,请除寇乱而后兴卿命将乎?即此一举,较之武王大会孟津,观政于商,以冀纣恶之悛悔,心事更光明正大,表里无憾。况入关一战而胜李自成二十万之众,如摧枯拉朽,望风逃窜,席卷长驱,廓清海宇,救亿万生灵于水火之中。当时天下之众之依我朝也,如出深渊,如睹父母。由是世祖章皇帝发政施仁,抚临天下。而天下之感戴者,不惟明之君臣雪耻复仇,衔结莫报;且大者为我亿万生灵拔死育生,大德深恩,直与天地同流。

      由此观之,在昔汤、武为夏、商诸侯,虽以仁兴,而君臣一伦犹不能脱然无憾。所以当时成汤不免有惭德,武庚不免以殷叛。岂若我朝之有天下也,得于流贼李自成之手,视商、周之得统更名正而言顺。

      明臣、汉人,当时皆乐为效力致死乎。是春秋之吴、楚以夷狄之心,肆夷锹之行,蔑视诸夏礼乐文明之治,而来僭乱之。我朝以仁义之心,行仁义之政,不忍中国之生灵涂炭,而来抚绥之。一是为乱于至治之世,一是敷治于极乱之时,所谓不惟如方圆体度之不相合,竟脱然如寒暑昼夜之相反者此也。使圣人而在今日,其作《春秋》也所以大褒予于我朝者,当如何深切著明可知矣。盖圣人与天合德,天大无外,圣人之心亦无外,稍有一毫有外之心,即不能合天心,又何又为圣人。所以圣人判事,至虚至平,胸无一毫成见定义。原视天视民以定义。而天之于民,实无常亲,惟德是亲。今我朝不折一矢,不伤一众,不待年而成帝业。到今幅员之广,与天同大,享年之永,与天同久。承承继继,笃生圣人,愈远愈大,弥久弥光,四海升平,万国咸宁,此岂人力所能与?乃民之食德者厚,以至皇天亡眷顾者深,所以至是。圣人又何事违天拂民,而有彼此之间哉!故谓《春秋》大旨在谨华夷之辩则可。若概引《春秋》之例,以抵当我朝之盛,则罔诬圣人作经之旨,为大不可。谓圣人许管仲之仁,其功在于摈吴、楚则可,若妄以吴、楚例今日,则是非颠倒,害道害义,为大不可。是《春秋》不惟无碍于我朝,而我朝竟深有契于圣人之心,大有光于《春秋》之义旨也。审矣。

      盖我朝自太祖高皇帝神武盖世,开创帝基;太宗文皇帝弘继体之业,统一诸国;世祖章皇帝建极绥猷,抚临中外;圣祖仁皇帝圣德神功,遍及薄海内外,久道化成,沦肌浃髓,更为超越前古,业隆万世。可见皇天笃爱之至,非三代以下所及,即极之虞、夏、商、周,天运初开,太和极隆之会,亦罕有此圣圣相承,绵绵无间之盛。况我当今皇帝,尤圣神文武,时中变化,范围天地之化而不过,曲成万物而不遗,恢弘前烈,更有光于圣祖仁皇帝者哉。故其治效化功之显烁于两间者,已极礼明乐备之盛,而其验实亦已至于海晏而河清,特以治德渊微,圣学深,山陬海之间,间有不能与闻其大者,实因初潜藩邸,韬尧养晦,无求无欲,研经味道,以尽己性分之固有,职分之当,为未尝稍露一声光于人间,所以龙德中正,不惟非天下所得知,并非在廷诸臣所能识。

      惟我圣祖仁皇帝,聪明天纵,本父子之亲,以圣知圣,早知人品贵重,蕴蓄美富,为能聪明睿智足以有临。然亦以是存亡于心,而不肯扬之于众。直至圣躬不豫而大渐,委以南郊大礼,从方知我皇上至德天全,圣学性安,久为圣祖皇帝所深契。而于此尤可以见圣祖皇帝之揆道精义,传子即以传贤,并二帝,兼三王,而适于中者,迈百王而首出矣。所以当我皇上御极之初,一切政治,天下皆莫能仰测高厚之所由出。加以阿其那、塞思黑等,久蓄奸谋,散布流言于外,以致盛德至善,不能骤得遍闻于穷乡远鄙者,斯亦事理之所必有。

      岂知我皇上渊衷至仁,天性至孝,发虑至诚,修已至敬;而造德之纯熟,学问之渊深,历练之缜密,处事之精详,则又一理浑然,泛应由当。举凡之于政刑,见之于德礼者,既无一处不知之极其精,复无一事不处之极其当。神明尽智,化裁尽变,推行尽通,深仁大德,际天蟠地。究其归,皆因物付物,初未尝稍存一毫成见于未事之先。是以身虽至劳至苦,无一时一刻不以爱养天下苍生为事。凡可以利济斯民者,思无不到,到无不行,行无不实。自朝至暮,一日万机,目不停视,手不停批,不遑宁处,而心实至安至逸。常如明鉴、如止水,万物之过其前者,妍媸自然必露,而不容掩。今试于荡荡难名中,而以管窥及者略举其万一。如明王奉若天道,大义本于天经,自二帝三王唱和而后,后世人主皆以国家行政出治,生杀予夺,权由己制,竟不知大君之上,更有天焉,不可违也。

      我皇上念念从民设想,处处体天定趋。凡天所好者,体天之心好之;天所恶者,体天之心恶之;天所欲行欲止者,体天之心行之止之。由是体天之心以养民,知食为民天,农乃食本,务使各务本为,尽力南亩,不得贪利而废农功之大,不得逐末而忘稼穑之艰。每岁躬耕藉田,以重农事。而老农之勤朴无过者,令各州县岁举一人,荣给品秩,以示鼓励。而先啬神农,亦开千古未开之典,设坛崇祀,以报其功。偶间一处旱涝,即悯念忧形,减膳之下,殚精竭诚,为民祈祷,专务修少人事,以格无心。

      座至祷雨雨通,祈晴晴应。犹不以此为足蠲减赋之典,无年不颁,赈灾救患之泽,无地不遍。甚者如江南、江西、浙江,正供六十余万两,皆沛恩永免,深仁厚泽,与天罔极不朽。采运积贮,禁屠崇俭,以预防其不足。与夫疏浚河流,开导积淤,相地开垦,以奠民居。通民行而济民食者,可谓无处不到,无法不备参。推其极抚久绥尽六合之广,虽穷幽极僻之区,亦不至一夫失所,如西陲安插之众,不惜厚赐,使之衣食有赖。云贵等省,边塞土民,素受土司之害者,禁其鱼肉,革其科派,老有沿乡给发之养,孤贫有动用钱粮,务令得沾实惠之谕。存恤悯念,恻怛,恩膏直下及于行人气人之微贱,以期尽天子惠元元,包涵并育,大小高低遐迩,一体之本,量而后快也。

      体天之心以爱民,则察吏不得不极其明,惩贪不得不用其法。谓贪赃犯法之官,蠹国殃民,罪大恶极,即立置重典。亦不足以蔽其辜。但不教而杀,有所不忍,故曲宥其死,偶行抄没其家资,以备公事赏赉之用,盖所以昭国法而惩贪污,并使后来居官者,知贪赃之物不能入己,无益有害,自不肯复蹈故辙,以罹法耳。更或即其所有之资,填补亏空之数,其得豁免其罪,此皆以罚恶之内,隐寓宽仁之意,原非过刻也。至于人之心术,隐微之中,疑似之间,最为难测。睿照则辨析精微,而公中有私,私中有公,尤如丝过扣,毫发清楚。然犹不以此自用,必广行采访,以收好问好察之益,以为执两用中之资,抑兼欲得人擢用,为生民思久安长治之计,故一切政令所敷,治益求治,安愈图安,务求适中得当,立千百年不坏之良谟,以期移风易俗,潜移默化,使民日迁善。而不知其所以爱民者,又何无己也。

      体天之心以钦恤民命,谓明刑原以弼教君德,期于好生,法虽一定,心本宽仁。《书》云:“宥过无大,刑故无小。”所以斟酌权衡,广好生之德也,有不得已用刑者,不过欲国法申行,刑期无刑耳。故每有改定条例,必期三令五申,惟恐小民无知陷罪,不教而杀。时深恻隐之念,承审官司,滥刑有夹讯之戒;秋审应决,具奏有三复之谕。稍有一线可生,因事原情,宁过乎仁,毋过乎义。不惜反复批阅,至再至三,每年沛岁多格外生全之恩。其实皆准乎天理之至公,即乎人情之至安,宽而得中,非废法也,然亦间有应严者,则又用严,以顺适夫至正至平之则。

      如阿其那、塞思黑蓄奸树党,贪图不轨,已经圣祖皇帝贬而绝之,乃不知仰体君父之心,痛自改悔,竟怙终不悛,按其罪过实同周之管蔡。我皇上本大公无我之心,揆道执中,以事关国社生民之重,不惜数其罪,以大义灭之。此亦如四凶之在尧世,必有可容者,而后尧容之;其在舜世,必有不可留者,而后舜去之。尧舜何容心哉?皆因其人之自取何如耳。故皇上今日之义,即圣祖皇帝当年之仁,皇上今日之仁即圣皇帝当年之义,道无二致,同归一中,因时制宜便得其平而已。天语煌煌,反复剖析此理,已到至处尽处,而心事亦直与日月并明于千古矣。盖虚明应物之天,本无一毫成见、己意稍杂于其中,所以用宽用严,无往而非道之至当,不易有如此也。

      体天之心以为民,取士则于三年科举之外,有举贤良方正之恩诏,有令各省州县延访孝友端方,才可办事,而文亦可观者,每岁各举一人之谕。有选拔贡生,不拘考试名次,务取经明行修者之谕。有令满汉、内外、文武诸臣,将有猷有为有守者,各举一人之谕。有令中外诸臣,在京主事以上,在外知县以上,各举所知,或举贡生员,或山林隐逸,送部引见之谕。而于各省州县,文明极盛之学,又有升改增额,录取之谕。乡试中式各数,亦随着加增。广求博访,惟日孜孜,冀获贤才以为莅政临民之选。

      而犹忧人才难得,务在矜全器使,幽隐必录,所以于湖南等省,又特降分闱之旨,悯念士子之贫寒有志者。嗣后不为远险所隔,皆得以遂其观光之愿焉。体天之心以为民,尊师重道,则至圣先师追封一代。敬圣人如君亲,易讳为“邱”,重临雍之大典,改“幸”为“诣”,而诞降之期,斋戒禁屠,著为定例。且旌有节义,崇建祠守,奖劝善行,虚公核实,军民一体,直及于匹夫匹妇之贫且贱焉,风声之树更远也。体天之心以为民,优礼大臣,则赐坐赐茶;体恤群臣,有赏有赉。上下虽分,君臣一体,极至饮食之轻微,情至亦所必赐;器用、服物之小者,虽远亦所常颁。君臣之际,相期以诚,臣下隐微,无不洞烛,训诫开导。隆恩同于天地之钧陶万物,胜于父母之教育婴孺。至中至正,总以吏治戎政,物情民隐,各得其所为念。体天之心以为民,存亡修废,则合天下为一家,视异代而无外,大廓成例,封明祖之后以侯爵。考古仁恕之君,隆名之主,从未有如此之洪施公普者也。

      体天之心以为民,励精图治,则天德之刚,纯乎一敬,乾乾终日。法天行健,无时不极其精,无处不尽其详,广览博访,随机应变,无一不中节合宜,神聚到至处,心细到极处,即至群臣奏章,偶有一义未安,一字错落,几经廷臣历阅不到者,一经睿照,必为摘出。反复告诫,不以为倦。自朝至暮,凝坐殿室,扩然大公,物来顺应,非帝尧之钦明,大舜之恭己。殆未易臻此笃恭之境矣。体天之心以为民,垂训立教,则皇极之敷言,尤长江大河,浑浑灏灏,盘折自如,愈析愈精,实无一不行所无事,与天理之大中至正者相准。诚以宸衷虚明广大,昭融洞彻,海涵天覆,内外无间,浑乎天理之公,无一毫人欲之私,故发于文辞,理实气足,巍然经天纬地之作,与《二典》、《三谟》并垂不朽。

      自古圣明之君见之典谟,载之史册,所传诏诰,其精思神力,未有在纵之深厚目极如是也。极而至于体天之心,为民之深,直至作述之间,心融神契,道统、治统、心法、圣学,一气相承。诚以圣祖皇帝德合乾坤,功弘位育,开生民未开之大业,深仁厚泽,迈百王而独隆,为皇天笃爱之肖子。是圣祖皇帝之心即天心,圣祖皇帝之德即天德,故一切政治,祖述宪章,多以圣祖皇帝为准。然亦只学其道,而不拘泥其法,其中有时地异宜,损益殊方,所当更定者,则又未尝不推对祖之心,以承天之心,为民而更定之。其实继志述事,适与圣祖无违也。所以大孝纯笃,无处不到。当圣祖皇帝宾天,哀号恸慕,尽礼尽制,历三年如一日;继以孝恭仁皇后升遐,兼服不懈,悲思历久弥深。当斋居永慕之中,孝思所及,孝治所颁,徽号之议,协万世之人心;配天之典冠,百王之隆会。晨昏瞻拜,朔望祭享,望山陵而致敬,瞻庙寝以告虔。无一时不思哀思敬,无一事不尽制尽心。此虽一时怪于至情,由于至性,为所当为,不知其然而然。本无意于民,不求鉴于天,然天人一理,家园相通,此感而彼自应,上行而下自效,实无往而非继天立极,为民作则之大者。岂但区区致我仁孝诚敬之至于圣祖而已哉。

      凡此皆亲被德化之后,身近天日之光,管见所及,百千万分中之一耳。至于广大精神,浩浩肫肫,可以意想而不可以言尽者,不惟今日浅陋不得而知,抑人所不得而传。盖圣本不可知,而至德尤未易名言故也。此所以天人交孚。

      数年以来,休征并著,嘉瑞屡见,太和翔洽,民康物阜,四海同登乐利之域,万姓共享升平之福者,诚以我皇上道德既早与二帝三王合辙,而治效自当与虞、夏、商、周并隆无疑也。静生长楚边,山野穷僻,足迹未到通都大邑,生平未接见一名人达士,加以稍长失怙,身处露孤,形单影只,胸次极狭,见闻极陋。不惟列祖相承之圣德神功,有所不知,并我朝得统之大者,亦所未闻,徒以迂固执方之见,而痼其好古不化之癖。早年从事举业,翻阅八股时文,读吕留良文评,妄喜其议论之爽快,而不察其气象之粗暴;贪其意见之间与己合,而不知其发言立论之甚者,实多与道义大相悖也。且平昔徒知其刊刻之多为有功,而不知其实欲多刻以为阴图射利之计。知其立言之高为有德,而不知其故为高论,以逞其欺世盗名之术。由不知而错好,由错好而误信。日甚一日,不觉为其说所浸淫者实深。至近年以来,兼读其杂文残诗,甚有谓《春秋》华夷之分,大过于君臣之义。而今日有人实若无人,有世实若无世。以此为《纲目》凡例未发之蕴。始闻未尝不疑,迨久而不得不信。

      盖以其意借口于孔子之《春秋》,而例又窃附于朱子之《纲目》故也。因妄思君臣为人伦之首,本于天降,由于性生。人之思君如子之思父,天下未闻有父既失处,而于能晏然独安者。读书以明理为大,身忝士林,所干何事?又焉敢重计一己之死生利害,而委弃当身大义于不顾乎!加以我皇上圣德高远,初年洋溢未遍海内,即早为奸党布散流言,传闻满耳。此时不觉狂悖蛊心,顿忘天地之大,恍若当身道义之迫,甚于水火。乃敢定志,遍导域中,冀得聪明睿智能尽其性者,以为生民之依。遂即其谣传诋谤之词,大肆悖妄,冒昧上书于陕西总督岳公。直至事发之会,执讯庭阶,犹坚持吕留良悖论在心,以为道理当然,死何足惜。且妄谓纲常名教,而得其正,尤读书为士者之所乐,就而不避者也。

      殊意承问大人仰遵谕旨,早知穷陋无知,为谣言邪说所蛊惑,乃将逐条所诬一一剖示;及我朝得统事迹,反复详告;并宣皇上文德之大,励精图治,孜孜为民,忧勤不倦之苦心。伏听之下,恍然自失,如梦初醒。本若可信而无疑,然反覆细玩,所宣扬处实无往而非三王之极诣、二帝之盛德。数千年梦想不到之境,岂意今日而恭逢有此盛会,似又可疑而难信。未几,蒙恩特发圣谕一章,颁到长沙,剖析宣示,极尽详明,觉大德粹行,如日月经天,江河行地,而不容掩。较前所闻于大人者,蓄德蕴道,深弘广备,玩味更无穷尽焉。

      复自湖南以抵京城,一路所见,风清景和,文明灿烂,民康物阜,雍睦熙,不觉心醉神移,穆然远思三代,而旷怀唐虞矣。直至抵京,更伏读近年以来所颁示内外臣工圣谕若干卷,广大深渊,纯粹至精,盖自殷盘周诰以后,久矣未闻有此盛德至善,发挥透辟到此极处也。由是回思我皇上德量同天,以蝼蚁之微,冒犯九五之尊,自料万死不足以蔽辜。而我皇上竟埋然于衷,丝毫不怒。到京即超禁释囚,被以广厦,给以丰食,叠赐厚衣,暑悯其热,寒恤其冻。沛几多殊恩厚泽于千古仁惠之主,常法所不到之处。及至谳狱讯供,则又刑措不用,纯以至诚至德,感孚默化,使民不期格而格,竟不知其所以然而然也。

      于是实信圣德光明浑全,毫无瑕累遗漏,前谣传所闻,不惟无其事,无其影,且不啻如天渊之悬隔,南北之反向也。加以一面翻阅吕留良家藏日记诸篇,其所以讥诋我朝者,皆是无端妄捏,立意毁诋,实非虚心论道理,见之言词也。乃知其立心既险,为术复巧,平日所说《春秋》诸义,关通于我朝者,不过借圣贤言语,以为题目,肆逞其无忌惮之私见耳。

      况《春秋》正义与今日不相干涉者,有寒暑昼夜三反哉。静思量到此,如坠渊深,觉天壤虽大,无处可容,抢地号呼,痛悔何及。自咎数十年读书辛苦,修身砥行,无非欲敦伦笃义,俾或出或处,随在有以尽己性分之常,期无忝于名教,以仰副朝廷作养之意,并得有以报我父母鞠育之恩耳。今一旦身陷巨恶,罪犯弥天,生圣人之世,竟不得为圣人顺则之民,何颜立于世,何面见乎人?此种罪孽,从何处造作,从何处收赎填补?以是不得不切齿忍恨于奸党之造谤,与逆说悖论之陷害生民者,非小小事也。于是回审当身之义,前之所以孟浪上书者,为心中无知,惑于流言悖论,为当世求君起见。

      今我朝既如此得统之正,溯其功德,揆之道义,驾过商、周、汉、唐有不屑道。而我皇上又如此道全德备,超越千古。虽以孔孟之圣,处春秋战国之时,其所以汲汲皇皇,奔走不暇,欲引君当道,致之尧舜者,亦只为不忍生民之苦,求明圣之君以主治耳。而今日现有尧舜之主在上,实亘古未有之隆会,生民无疆之福庆。当其时者,即草木无知,犹被荣而向化,况身带血气者乎。所虑在静者,罪大恶极,虽有自悔自咎之诚,自怨自艾之行,剖心沥肝,亦惟恐后时不足补既往之阙,而仰希对鉴于万一。斯为可痛可悲耳,岂尚有旁说剩义,可以假借乎。是今日之心悦诚服者,正如赤子无知,被人欺隐其父;而寻父,寻父未几,而适遇父,遇父而相喜以从父。虽缘幸出于意外,梦想所不到,实乃当身之正义。与从前误听误信,冒昧遍寻域中,冀德聪明睿智,能尽其性之圣人,以为生民主之心,名违而实相合,原出一辙。特先迷而后得,昨非而今是耳。天经地义,本不容泯。而德盛物化,尤不期然而然,至性至情所发,夫岂有所为而为之哉。

      盖以我皇上道如此之全,德如此之备,不惟居中定治,处一统无外之下者所当服,即龙潜东海,未飞未跃,闻其声教,亦所当归当服。不惟今日宽仁不杀所当服;即按律治罪,置罪于极刑重典,亦所当悦当服。盖生死事轻,道义事重,若审之于义有所不可,静虽极愚不肖,又岂敢前既无知而犯莫大之罪,后复隐忍苟活以坏生民之大义,罪上加罪乎!故今日之倾心顺服,非是贪生,当身本无可据之义;皇上之宽仁不杀,实非废法,按罪实有可原之情。特以德非尧舜,则不能明照得情及此,即能明照得情及此,亦必不能大公无我至是。明照得情,圣也;大公无我,仁也。一举而仁圣并尽,此汉唐以后之贤君英主所万不能到,而必独让于唐虞三代之圣君哲后者也。

      况尚有几多盛世未开之令典,生民未有之殊恩,令民感戴无穷者乎!此静今日所以不徒于语言传闻间,信我皇上之大德同天,乃于当身经历中,亲见我皇上之圣,与尧与舜并参也。夫为国以正名为先,名不正其弊至于礼乐不兴;为学以定义为大,义不定其弊至于进退无据。今我朝得统如此堂堂正正,历三千余年而莫有能媲,而列祖列圣之功德,并非汉唐以来之贤君所能拟。而读书向道之士,未闻有能出分毫气力,阐发其正大之名义,申明其广远之功德,使天下后世共见共闻,以报食德被功之大,而尽己当身之职分,斯己不能无愧于衷矣。而反含愤嫉忌,诋德若仇,造为悖论,张妄说,奴号以掩盖其实,而又甚焉。徒使穷乡晚进之士,胸无定见,但喜其议论之高险,而不审夫神圣之生,总无常域,遂将身为其说所眩迷而不知返。而山林清谨之士,无从考其底里,尤见道不真,择义不精,不知道之变易无方,义例所值,各有不同,一闻当前有此名义,则恐得罪地当时,进又虑见恶于圣贤,徘徊歧路,进退两碍;久之不得不托为高蹈远引之行,以自放其轻世肆志之习,其害理悖义而得罪于天也,可胜道乎。

      夫人同此耳目心思,非甚无良,断无有食德而不见为德,被功而竟忘其功,生于圣世而不愿为圣人之氓者。今种种悖谬若此,盖为名主莫明天心,趋向莫知所定之所致,推其极皆由吕留良之悖论在前,错认题目,有以起之也。静至愚不肖,信其说最深,受其祸极大,以是犯罪弥天。幸蒙天子仁圣,体恤民隐曲,谅无知,得留残喘,以苟延岁月。然惟其信之深,是以于此中曲折知之甚悉;抑惟其受祸大,故于此中利害,言之稍切。乃敢忘其固陋,详述夫本朝得统之正,直迈商、周;当今皇帝之德,上参尧、舜者,以遍告焉。

      伏望沉潜向学之士,去井蛙习见,相观于昭旷之途。知覆载之大,原无畛域,神圣之钟,气流愈远。天亲民怀,亦只以其德其仁,而初无额定九州之例,则中外之谘释然矣。放勋重华,绍庥尚分二代;文谟武烈,盛德仅推二君。

      而我朝极帝王之隆,兼积累作述之全,则治统道统之归,晓然矣。尧舜生安而在上,孔子以生安而益加好古敏求于下,功在一世,万世不相兼也。而皇上以尧舜之君道,复备孔子之师道,而天纵神奇,丝纶直匹之典,则心悦诚服之戴,沛然矣。猗欤盛哉!麒鳞凤凰,犹欲先观为快,奇珍大贝,尚冀一见为荣。今圣仁天子在上,应非常之运,具非常之才德,成非常之勋华。日月所照,霜露所坠,凡有血气者,莫不尊亲,而犹以中外为疑,是天地本至大无外,而人自以为有外。正如尧舜之治,不过九州,则人遂以为九州之外,不复有九州,而并疑邹衍所论为荒唐也,岂不悖哉。昔益之赞尧也,曰:“乃圣乃神,乃武乃文。”

      说者以为惟其广运,是以变化莫测,而形容之不尽。窃尝谓皇上之圣神文武,由于仁孝诚敬之至,而仁与孝敬之至,又本于一诚之至,是以克合天地之量,克符天地之运,而无有远迩内外之间,为一无以内,对神文武之极谊也。孟子曰:“至诚不动者,末之有。”

      《书》曰:“百兽率舞”。《易》曰“信及豚鱼。”今上有至诚,而下不以诚应,是殆鸟兽昆虫之不若也。乌乎忍,乌处敢!今而后凡为臣民者,益悟覆载之无有限隔,对人之诞生,无有中外。君臣之大伦,必不可逃,毛土之深恩,决不可背。《春秋》义例,因时审地,天悬地隔。而吕留良之逆说,必当芟除。今日之正义,永有攸归矣。人人悦服爱戴之忱,在在守孝子忠臣之分,各有重夫人伦,以全其天理之大公,复多所性之固有。常以静之至愚不肖,误听误惑为戒。四海同化,九州一德,各安有道之天,长享无疆之福,斯不枉为圣世之民,而为生人之大幸耳。是为说。

      一、秀才造反,实在是自投罗网

      (雍正六年九月二十六日,曾静的徒弟张熙(化名张倬)投书给岳钟琪劝他谋反。岳钟琪未能从张熙口中问出书信背景,怕拖延日久,遂于九月二十八写了此奏折上报情况)

      陕西总督臣岳钟琪谨奏为冒昧密陈,恳祈恩鉴事:窃臣于九月二十六日己刻拜客回署,署前西街有人持书趋向臣舆,被从人呵止,臣见其形貌不似投书官役,令接书入舆,阅封面题签称臣系天吏元帅,臣甚为惊讶,当将其人交巡捕看守,随入署密拆。内写南海无主游民夏靓遣徒张倬上书,其中皆诋毁天朝,言极悖乱,且谓臣系宋武穆王岳飞后裔,今握重兵,居要地,当乘时反叛,为宋明复仇等语。臣不敢卒读,亦不忍详阅,惟有心摧目裂,发上冲冠,恨不立取逆兽夏靓,烹食其肉。即刻遣人密邀抚臣西琳,以便会讯张倬。无奈抚臣西琳因署将军印务,在教场考验满洲官兵,未能即臣署,臣逡巡数刻,忖度逆情,既敢明目张胆致书及臣,必非无所凭依,空言相耸,若遽加鞫讯,怨难得实情;又思彼书以叛逆劝臣,臣若一人独问张倬,旁无见闻确证,将来重刑拷讯,彼反得恣意造言。而臣遣人邀抚臣时,又不便明言,所以固未能促其速至。因传按察司硕色坐于密室,然后唤张倬入署,命坐待茶,霭言相接,问其里居。则云:昔年曾在江夏住过。至现在居址,并师夏靓里居,皆立誓不说。臣云:“然则欲见尔师,当于何处接取?”

      彼答云:“但实用来书所言,我自往邀师来见。”

      问:“汝师今在何处?”

      则云:“今在广东。”

      问:“汝自何处来?”

      则云:“自广东来。”

      问:“何时起身?”

      则云:“五月起身,由贵州到四川打听,皆言:总督去年便往西安,故我又自川来陕,昨九月十三日方到。”

      问:“尔师有何所见,突敢远致此书?”

      答云:“在广东,闻得朝廷三次召你不去,我师因此致书,及我到陕,方知并无三召不应之说,此书已不愿投;后思万里远来,不可虚返,故决意投递。”

      臣云:“方今圣明在上,如此盛时,尔师何故谋反?”

      彼云:“百姓贫穷,只为救民起见。”

      臣云:“陕西百姓不穷,你不知道么?”

      彼云:“你陕西虽好,我湖广连年大水,积尸载路。”

      臣云:“此乃天灾,何与人事?且闻湖广不过几县被荒,朝廷已屡加赈贷,况各省比陕西更好的去处甚多,你却不尽知道。”

      彼云:“官吏又性急,又刻薄,不知百姓苦楚。”等语。臣复云:“尔若不将尔师并实在住处开心见诚说出,则安知非我仇家,遣尔持书设局诱我,我岂肯轻信,误坠仇人术中。”

      彼坚称实在住处,死也不说。时届未末申初,抚臣西琳亦至臣署,随公同细讯。奈张倬依旧含糊不肯实供。臣等方行夹讯,张倬仍坚供宁死不说。臣等再三诘讯,但混供在南海之滨,广南,交趾交界之处。臣等恐遽加叠夹,重刑致毙,则此案愈无根据,随商之抚臣西琳,约次早密至臣署,再以甘言曲诱,或可得其实情。至二十七日,抚臣西琳复来,于密室坐听。臣复唤张倬入署,殷勤慰劳,设法问之。臣先绐之云:“即如你们湖广有个邹鲁,始与年羹尧同谋,后来便去首;你们这些游说之士,如何可以轻信,且安知不是有人打发你来特地试我。我昨晚所以不得不刑讯一番,看你诚伪。”

      张倬云:“你昨日如彼举动,我今日万不肯信了。”

      臣云:“尔以利害说人,人亦以利害试尔。尔昨日既不该当街递书,昭张耳目;又不该于初见时含糊其说,无一着实语,使我怀疑,至于刑讯,自古设鼎镬以待说客,实有深意。昨见你视死如归,知你大有气节,非利害所能摇夺。我今日所以推诚奉问,尔须切实指陈,使我心里了然,方不是捕风捉影之论。”

      彼云:“总之,有昨晚举动,知你断不肯行,知我断不得活,你这些话我万不肯信。”等语。因复再三婉讯,终一日不吐。

      臣复云:“自古以来总因天下多故,方有人从中取事;今天下承平,并无一省响动,尔师夏靓突令陕西冒昧举事,则接迎者是何地方,何等人物,何处传檄可定,何处必须用兵,今询尔茫然,一言不吐,终是胸无成见耳。”

      张倬云:“此固不难,但要尔确实凭据,则湖广、江西、广西、广东、云南、贵州六省,在我一呼可定。”

      臣问其何所见而云然,则云:“此六省百姓愁苦颠连,流离逃窜入川,而僵仆道路者,皆何处人民,此显而易见者也。臣云:“我在四川,深知云贵官民相安,你如何也说易动?”

      彼云:“吴三桂一麾即起,乃云贵之明征。”

      臣云:“江浙如何?”

      亦云:“不知。”

      问晋豫如何,亦云:“不知。”

      问:“四川如何?”

      亦云:“不知。”

      且云:“我惟知此六省耳。六省之外,若再有川、陕,他省不足忧也。”

      臣云:“尔求确凭据,莫如我处遣人随尔往聘尔师,并尔意中人物。”

      彼方唯唯,忽又云:“无是理也,我意中人物虽不多,亦断无使尔知悉之理。”

      臣云:“尔始终疑惑,不如竟放尔去,任尔自为,我亦不问,何如?”

      彼云:“你放我,不得了,昨晚刻讯之后,外间必有人知,将来朝廷责问,你岂不自贻祸患乎?”

      臣云:“我若不放你去,势必据实奏闻,从此朝廷知谋反的人都来约我,势必疑我、虑我,我何能一日自安?今日骑虎之势,不得不放你去。倘因外人传言,朝廷觉察,我只说是迂腐儒生,条陈时事,语言狂妄,当经刑讯逐释,便无形迹了。”

      彼云:“言亦至理,但我断不信。且我此来,死得其所,你即实意放我,我亦实意不去”

      等语。臣伏念受恩深重,今遇此等奇幻之事,但臣知有国不知有身,故为各种诡言,意在得具实状,方可奏闻。乃臣等细勘张倬狡黠奸深,加以严刑,既无惧色,即百计诱之,而仍坚不可破。不但一时不能确讯;即讯明请旨,奏折往返,未免时日耽延,为此密恳圣恩,准将张倬解送到京,请敕亲信大臣,设法细讯,务得其实,以便就近请旨,缉拿同党,庶事机可密,完结亦速,不致久羁时日矣。至夏靓逆书,理应随近进呈,但具言绝灭彝良,悖乱罔极,臣不敢冒昧呈觉,上亵天聪。(朱批:犬吠兽号之声耳,有何可介意,送来闲观之。)谨同抚臣西琳,密封候旨。又搜出张倬随身携带书二本,一系抄录《坐拟生员应诏书》,一系刻本《握机图注》,俱经密封一处,除将张倬严加收禁外,谨会同抚臣西琳,冒昧据实缮折密奏,伏岂皇上睿鉴施行,为此谨奏请旨。雍正六年九月二十八日。

      朱批:竟有如此可笑之事,如此可恨之人。朕观此人,不似内地匪类;就其言论天下时势光景、朕之用人行政,一些不知未闻之人,非是苗疆内多年汉奸,即系外洋逆党。其语言口声果似湖广人否?人品、相貌、学问何如人也?近文近武?不过市井俗人也。可将内闲言语试问,便可知矣。此事在卿利害所关,朕量卿不得已而然,但料理急些了,当缓缓设法诱之,何必当日追问即加刑讯。伊既有是胆为此事,必是一亡命闵不畏死之徒,便解京亦不过如此审问。伊必料无生理,何能得其实情!可从容暂缓,徐徐设法诱问,或此间有人探问消息之同来人,亦未可知。未必止此一人来也。密密访拿,或问他言:“将你情节书字未曾尽奏,将大概情节奏闻,有旨言:你必系疯痴之人,不然此人岂无耳目,着我随便发放你,并未动大怒。”

      如此言毕,作卿意将圣祖六十年深仁厚泽,百姓沦肌浃髓;朕继统六年,勤政爱民,将各省朕加恩于百姓之善政,整饬官防,大法小廉,用人行政处;将朕待卿之恩,卿便负恩而势亦不能处,详细开示,宣朕之仁爱公明,“汝等亦系人类,何不思中光天化日之下,共享太平之福,而造此无故涂毒生灵之念。便就你这一人聪明胆量,不论文武,足可以取功名干世业,只就你今日不审本宪之心迹,不料本宪之能否,如此孟浪轻生,取笑天下,后世实为汝惜之,耻之。据汝所方,似非汝一、二无知之人,必有有识见人,将你性命为伊乘侥幸之谋也!何不将你送之死地之人举出。”或如此,再不然,“看你如此豪杰,则伊师又不知如何超越之人物,汝既言六省一呼即应,汝同事人各省必多,何不回去将伊等劝化归正,为国家臣子,不但不徒老死于匪类,抑且垂名竹帛矣!”

      将此等言语诱问看,再将本朝得天下之正,待前朝之体,实前明之恩代也。再将明时百姓不聊生之处,本朝百姓蒙福处,备悉言之,将伊听闻对答、辞色,不必隐讳一二,据实奏闻,再另有旨谕。

      二、假结同盟,这样才诱出真情

      (岳钟琪采用了伪与张熙结盟设誓同意谋反的办法,套出了主谋人曾靓及同案人员名单,便立即写了这份奏章上报。名单是另纸抄写密封,故此奏折中未提姓名。)

      陕西总督臣岳钟琪谨奏,为逆犯已吐造谋之人,谨缮密折恭呈御览事。

      窃查逆犯张倬持其师夏靓逆书到臣,臣会同抚臣西琳设法讯诱,未得实状。缘由于九月二十八日具折密奏。臣因见张倬坚忍练刑,复难计诱,故请辞赴京师审讯,但因此等重情不求速得实状,以慰君父之心,则臣子所司更有何事大于此者,故拜发密折以后,未即令其赴狱。遣署长安县事咸宁丞李元,假称臣仆,就近署闲房与之共寝。又遣人送裘,致酒,缓言相询,被乃一味支吾。至二十九日酉刻,臣复传按察司硕色于密室坐听,然后令张倬入署与之盟誓。(朱批:览虚实不禁泪流满面,卿此一心,天祖鉴之,此等誓盟,再无不消灾灭罪、赐福延生之理。朕嘉悦处实难笔谕。朕与卿君臣之情,乃无量劫之善缘同会,自乘愿力而来协朕,为国家养生者,岂泛泛之可比拟,朕实嘉悦之至。)伪为激切之言,彼方将其师实在姓名、居址,并平素与伊师往来交好,诋毁天朝之人,各姓名、居址,一一吐出。臣谨亲缮密折,恭呈御览。伏乞皇上遴选忠实干员,潜行密捕,自当悉获以正典刑。至张倬未吐各情,臣现在设法陆续相绐,务以悉吐,以便次第芟除,使逆党尽绝。庶稍尽臣子之职分,为此缮折密奏,伏乞睿鉴施行,谨奏。雍正六年九月三十日。朱批:开单留中。朕自命妥协之人前往捕拿料理,将张熙仍好好设法宽其心,而羁留之。

      三、追根溯源,吕留良正是罪魁祸首

      (这份奏章写于雍正六年十月初二日。张熙继续供出了其师曾静主要受吕留良著述的影响,并供出了一些有关人员。岳钟琪因而上奏,请查抄吕留良家及拘拿其家属有关人员)

      陕西总督臣岳钟琪谨奏:为逆犯续吐情由,谨再密奏,兼封诗册进呈事。窃查逆犯张倬持其师夏靓即曾静逆书到臣,臣随将设法讯诱缘由于九月二十八日、三十日两次缮折奏闻。其时因刑讯之际,搜出张倬贴身随带之书,故于前折内逐一声明,而其行李中所有抄写《易经》、诗册、医方各一本,臣未暇细阅,惟同行李封贮,恭候谕旨到日,连逆犯一并解赴京师。但臣因其有湖广等省一呼可定之言,虑党已有成谋,必须速得实情,早图殄灭。故三十日酉刻,复传按察司硕色于密室坐听,然后令张倬入署,臣伪为恳切之言以相试探,力问湖广等处,何以一呼可定。彼言:“但据民情,乃不易之理。”

      臣云:“皇上御极以来,察吏安民,民情悦服,尔以民情为据,万不可信矣。尔等自必有兵、粮,将于何处举动,方自信一呼可定耳!”

      彼云:“我等但有同志数人讲此义理,其他悉非所知。”

      臣伪诘之云:“汝昨所言,大抵迂腐儒生,必更有智勇兼备之人,方可济事。”

      彼云:“我师曾静并刘之珩、严赓臣等俱有本领韬略,大不可量,但能聘用吾师,何愁不济,即何以使湖广等六省一呼可定之法,亦惟吾师有此智略,我后生小子岂能见及?不过奉命致书,传达吾师面嘱之言,有六省传檄可定之语耳。”

      臣细听其言,详审其状,但问及兵粮等语,彼即支吾。而极力崇奖其师,劝臣聘用。方此辈到处惑乱人心,潜谋不道。其谋逆确据,俟拿获伊师曾静,严讯必得实情。因又细问其平日往来相与之人,并其所祖述师承之据。彼云:“我辈同志之人素所宗者,系吕晚村,号东海夫子,我曾亲自到其家,见其所著备忘录,并《吕子文集》,惜其子孙不肖,忽背先志,贪慕荣利,已作仕宦,可为痛恨!今行李中所有抄录诗册,即晚村作也。”

      臣云:“诗无关系本朝语。”

      彼云:“其诗内如《钱墓松歌》、《如此江山图歌》及凡空字处皆是也。”

      臣又坚问其父兄名字,并同谋诋毁者,更有何人。彼一一吐出,臣谨详开密折,并诗册一本,密封进呈御览。

      但密伏查:吕晚村,名曰吕留良,本前朝逋儒,我朝定鼎之后,彼惟以著书论文为事。与绅士讲艺往来,未闻有不法形迹。是以伊孙前于一念和尚案内,犯赤族之诛,蒙圣祖仁皇帝念其为读书明理之人,必无知情怙恶之事,不特有其子姓,抑且原其本身。此诚天高地厚之仁,而吕留良自有当洗心感戴,凡从前所作悖逆诗谣,即应销毁,乃竟敢留存如故,以致传抄匪人,由此推之,罪大恶极,实神人之所共愤,国法之所不容者也。虽吕留良久已身故,而其子孙尚存,保无踵继前恶,伏慝衔奸。况据张熙现供,吕留良著有《备忘录》,藏匿在家,则其奸罔之辞,窃恐不至于此。抑恳圣主密饬浙江督臣李卫遴委亲信,文武干员,密至吕留良家内,仔细搜查《备忘录》等书,并拘拿吕留良子孙嫡属,讯有实据,上请天威,严戮尸之典,行族灭之诛,庶可靖逆孽以灭妖邪,正人心而彰国法。即臣于痛恨之中,亦惟有额手上庆矣!除张熙发交按察司硕色牢固监禁外,臣谨缮折密奏,伏乞皇上睿鉴,为此谨奏。雍正六年十一月初二日。朱批:卿此忠诚之心,天祖自然鉴之,朕之嘉悦之怀,笔难宜谕。湖南已差钦差前往,江浙已谕该督密审矣。此等匪类自寻败露者,实皆上天神明之大德,非人力之所能者。朕实庆幸,而感畏之情愈加数倍矣,期共勉之。

      雍正上谕急下诏书,各路兵马展开大缉捕

    (雍正接到岳钟琪十月初二日奏折后,于十月九日即指示执政大臣通知湖南巡抚逮捕曾静等人外,同时又下此谕旨,通知浙江总督李卫,查抄吕留良家,并拘拿其在浙同党)

    和硕怡亲王、大学士张、蒋,字寄浙江总督李。雍正六年十月初九日上谕:岳钟琪处有投书之奸民,始初不肯供出伙党之姓名,后被岳钟琪设计发誓引诱,始陆续供出十余人,其在楚省者已差人前往查拿;可将供出浙江之人开出,令李卫密行缉捕,明白究问,并将所供别省之人,亦开单内,令李卫知之。总之,查拿匪类以速慎为要,正犯勿使漏网,无辜不可拖累。又奸民口中供出浙江吕留良等,可将岳钟琪奏折抄寄李卫一一研究,并查其书籍,倘伙贼即获之后,再当诘问党羽,其应行拘缉者,即著李卫一面办理,一面奏闻。钦此。

    遵旨寄信前来,并将岳钟琪总督奏折及名单抄录,驰寄总督,可遵旨慎寄,速行办理。切。十月初十日。

      一、感泣悚惶,披肝沥胆再上奏折

     (岳钟琪因张熙投书劝自己谋反,写此奏折以表示忠心)

    陕西总督臣岳钟琪谨奏,圣恩超越古今,特再沥陈谢悃事。窃臣因欲速得逆犯张熙谋逆实情,故伪与盟誓。在臣鄙念,惟知有国,不知有身。然方自愧识见迟钝,不能于初接逆书之时,即以甘言试诱,早得底里。至次日虽与盟誓,已觉无及。而逆犯张熙,竟肯吐露实情者,实由上天圣祖默夺其魄,非臣盟誓所能诱致。乃荷朱批谕旨:此等盟誓,消灾灭罪,赐福延生。又重之以天祖之鉴临,臣感泣悚惶,惊喜交迫。时伏念微臣自顾鄙野,逢旷代难遇之圣君,承古今未有之隆眷,正不知从前历劫何修得此,乃荷朱批。谓臣亦自乘愿力而来辅佐圣主。臣戴此恩纶,如蚊负天,不识措身何地,惟是君父期待之厚,注念之切,远迈隆古,至于此极。臣虽木石,能勿世世生生,矢忠诚于万祀也。为此沥陈感激之私,百叩恭谢,伏乞皇上睿鉴。谨奏。雍正六年十月十七日。

    朱批:朕生平居心行事,惟一诚实二字。凡谕卿之旨,少有心口相异处,天祖必佑之。朕之诚实,卿必尽知。而卿之忠赤,朕实洞晓。朕惟朝天焚香,对天祖叩头,祝愿祈我良佐多福多寿多男子耳。五内欣悦,览之。

      二、谨慎行事,乞请皇上睿鉴

      (岳钟琪收到雍正对上两奏折的朱笔批示后,因目前对此案又无新的进展可言,才写了曾怀疑张熙与西南少数民族有关,以及搜出二本书籍的事)

      陕西总督臣岳钟琪谨奏,为遵旨密封呈览事。窃查逆犯夏靓,即曾静,遣徒张倬,即张熙,持逆书到臣。随即会同抚臣西琳,将讯供情由,缮折密奏。续将设法诱讯各姓名、情事,节次奏闻。兹于本月十六日恭接朱批臣密折二件,臣跪读之下,仰见圣主天地之量,无所不容,日月之明,无微不照。伏念圣祖六十余年,深恩厚泽,天下臣民沦肤浃髓。我皇上仁孝恭俭,兢业忧勤,御极数年以来,凡所以厚民生而肃吏治者,史册不能尽书,朝野皆能共晓。乃夏靓逆书张倬供吐,不似生长盛世之人。于圣朝隆治,略无闻见。臣初亦疑其来自土司外彝等外处,亦总以土司外彝之事探之,彼悉懵然不知,故前折未敢附及。臣细探其语言居址,实系湖广人民。细看其形貌瘦弱,似通文墨,不谙武艺。至一切谋逆实状,臣屡为诱讯,俱言惟师曾静知之,必俟捕得其师,方可究诘实情。(朱批:朕览逆书,谅讶堕泪览之,梦中亦未料天下有人如此论朕也。亦未料其逆情如此之大也。此等逆物,如此自首,非天而何?朕实感沃祖之恩,昊天罔极矣。此书一无可隐讳处,事情明白后,朕另有谕。卿可将朕究抑处,伊从何处所闻?随便再与言之,看伊如何论议。若恐其畏惧自了,则可不必。寻常诬陷一平人,尚遭恶报,似此以毫无影响之事,诬捏君上,谅无人心者矣。可笑可恨之极。)兹惟遵旨,将逆犯张熙加谨防守,以待首逆曾静质对处,合将逆书并搜出张熙所带曾静坐拟《生员应诏书》一本,刘之珩所刻《握机图》一本,并遵旨密封,恭呈御览。为此,谨会同抚臣西琳,缮折密奏,伏乞皇上睿鉴施行。雍正六年十月十七日。朱批:西琳闻又不妥协,其才情居心人品办事如何?据实奏朕知之。回奏王廷瑞一折留中,有旨谕部矣。

      三、追查谣言,务必要铲除祸根

      (岳钟琪虽然引诱张熙供出了指使他投书的曾静,以及有关的一些人姓名。但雍正仍不满足,而下令岳钟琪追查逆书中的一些谣传,是从哪里听来的。至于逆书中说有那些谣传,不得而知,因为这封逆书,始终未被公布。不过,根据《大义觉迷录》“卷一”中为自己辩护的上谕中看来,无非是说雍正杀父逼母、屠杀兄弟和功臣、好酒、好色等等。像这种涉及皇宫和朝廷的内幕,曾静等穷山僻乡的人,是决不可能知晓的,必有传播的人。在雍正的心目中,一定是出自以前与他争夺皇位的几个兄弟的党羽之口,所以他才决心追查到底,将对手的余党一网打尽。所以后文有追查被流放到广西的几个太监和钦犯的事情)

      陕西总督臣岳钟琪谨奏,为遵旨密讯,根据实复奏事。

      窃查逆犯夏靓,即曾静。遣徒张倬,即张熙。所投逆书,臣遵旨密封进呈。兹于本月初九日,跪接朱批谕旨,命臣将伊从何处所闻,随便再与言之,看伊如何论议,钦此。伏念臣前于乍接逆书之始,粗阅数行,发竖目裂,未暇询其言所从来。即随后屡次诱讯,亦未忍再举共污藏之词究诘所自,实为疏忽。但彼时诱吐逆党实情,曾伪许其即行释放。及张熙吐露实情之后,数日不见释放,自觉被诱,遂忧惧仓惶,痛苦流涕。臣恐有他虞,随令署长安县事、咸宁县丞李元,持张熙携住长安县衙署中,仍派标员兵丁看守伴宿。近因李元禀称,张熙偶以感冒有疾,是以未即传讯。一二日后,闻已稍愈,随密唤入臣署,设法讯诱。臣思逆犯张熙,狡黠最甚,见兵弁看守月余,彼必料臣已经入告。臣是以先向张熙言,尔师书于我自断断不敢进呈。但尔既来,我亦不敢不奏,所以将尔暂留。不料圣天子浩荡仁恩,转怜尔等或系大有才猷,越在草莽,不但不加罪责,且欲收而用之,故今密唤尔来,告知此意,但如此圣主,尔等何以全然不知,甚至尔师书中,还有那些奇骇之说。当初是何处听来,便认以为实呢?据张熙供称,前自湖南往江浙时,乃由水路,有搭船之人所言如此。臣问同舟者何等之人,住居何处,是何姓名?据供偶然搭船,不过行路客商,实未问其里居姓字。臣问其人是何等形貌,据供匆匆回答,但记其言,至其人实不能记忆。臣问云贵等省有作此言否?据供并未走过云贵。臣问你由川到陕,亦闻有作此言者否?据供这是今年从旱路来,不但未闻此等语言,路上且有人说是好皇帝。我心里正也疑惑,要问是如何好处,他们走路的人就说,也说不明白。

      臣云:“此惟我辈大臣方知天德圣治之万一,其道路愚民,但知感颂,如何说得详细?皇上至性诚孝,谅阴三年,斋居素服,更行兼服之典,此其尽礼尽制,虽三代以上,亦所未闻。至今一动一言,无不慕效圣主,每逢称述,恻怆涕零。至于友爱弟昆,敦笃宗室,不以严胜慈,不以恩废法。尔等即通文墨,当知周旦何以作相,管蔡何以得辜。即知圣天子用法用恩,悉由天理,自然之极则矣。若乃治功高深广远,如尊心崇文,减豁丁条,治水营田,蠲租发帑,频施赈贷,视民如伤,立贤无方,求才若渴,体察群吏,信任大臣,无利不兴,无弊不革。凡此史不胜书,口难尽述者,尔等或不能遍晓,即如尔等如此大逆不道,虽遇尧舜,亦无不震怒,立置极刑,乃圣主父母之心天地之量,尚且殷殷拳拳,询及尔等学术才技,欲宥海山之罪案,曲收蚁介之微长。此其广大宽仁,自古帝王莫可比。似今但将舟中之人,据实说出,尔等即有生机,若仍执迷是自误也。”

      逆犯张熙闻臣此语,亦惶恐云:“果如此,是我等悖谬自作之孽,何可复活,舟中人实不能记忆”等语。臣因此伏思,从前于邸抄内,见提臣路振扬奏对,以圣主天性即恶旨酒,乃出于生安,并非有意,而外人竟有称圣天子惟酒无量等语。是虽股肱大臣,非亲侍燕饮,不能深悉。传言相反至于此极。此皆系从前不轨之徒,捏造流布。今曾静等既敢谋大逆,则其污天蔑日之言,何所不至。臣细讯张熙,既毫无指实,即所供舟中传说者,若果有其人,亦未必非前此造言之余党。统俟捕获曾静之日,再加研讯,自无遁情。臣谨将现今密讯事由,据实覆奏。伏乞皇上俯赐睿鉴施行。谨奏。雍正六年十一月十四日。朱批:欣悦览之。此事朕实庆幸,感天祖之慈见也,毫无愤怒处。朕从来秉性卒然临之不惊,无故加之不怒。二句实能之,何况此有益无损之妄言。此案审明,诸逆尽获时,自另有旨谕。

      副都统海兰等奏折天罗地网,长沙党羽插翅难逃

      (雍正向浙江总督李卫发出查抄吕留良家及密捕张熙招供出来的浙江案犯的旨意。与此同时,派副都统海兰亲往湖南密捕曾静等人,这份奏章,反映了海兰到长沙后,准备捕人的一些安排)

    副都统臣海兰,湖南巡抚臣王国栋谨奏,为奏明事。窃臣海兰于十月十一日奉命驰驿出京,于十月二十七日酉刻抵湖南长沙府抚臣驻扎公署。谨将谕旨交办事宜,密下与抚臣王国栋钦遵,会同办理。臣等随于本日戌刻,密委长沙协副将周宝,会同永州府知府姜邵湘,前往宁远县查拿刘之珩,并着要门人陈立安。又密委臣海兰带来守备韩祥,同抚标中军游击邬锦,署郴州知州张明叙,前往永兴县,查拿曾静。又密委长沙府知府孙元,前往安仁县,查章张熙之父张新华,及张照、张勘二犯,又密委岳州府知府尹土份,前往华容县,查拿谯中翼。均令多带兵役,谨密搜拿。臣王国栋又经密檄该管地方文武员弁,遣拨兵役,严行防范。臣等并面谕各委员,如各犯内或有结连党羽,不服擒拿等情,该员等一面移会该地本管,邻近文武,带领兵役,设法擒获,一面飞报臣等,添兵会擒,务获匪类,毋致疏脱。因各该县离长沙数百里或千余里不等,尚未据各官回覆,获俟陆续获到,追究党伙,讯取确供,另行具奏外,所有臣海兰到长日期,与会同臣王国栋,分委员弁密捕。缘由合先会折奏明,伏乞睿鉴。缘系奉旨交办紧要事件,谨遣抚标把总李松驰驿,齐捧奏闻。

    朱批:览。

      一、境内出逆匪,以致巡抚受牵连

      (曾静等被捕后的初审情况)

    臣王国栋谨奏,为陈明地方安静情形,及微臣感激私忱,仰祈睿鉴事。窃臣谬荷封疆,惭无报称,惟有督度属吏,整饬地方,以期稍尽职守。不谓永兴安仁县属,忽有逆贼曾静、张熙,敢为逆书,公行不道。臣疏忽之咎,自问莫逭。乃蒙我皇上不加谴责,仍命副都统臣海兰至长,同臣密行办理。此盖圣主鉴臣才本不及,而曲赐矜原,悯臣过获无心,而勉其后效。天恩高厚,感激涕零。臣随公同海兰,密委长沙府知府孙元等,将主谋逆贼曾静,逆贼张之熙之父张新华,兄张照,堂叔张勘,并供犯谯中翼等,先后拿获到案。除讯过口供,另折会奏外,臣窃以逆贼曾静,虽坚供并无同谋党类,但该犯住居处所,逼近苗疆,倘有伙党潜藏,关系匪细。臣又分饬干员,细加遴访,并密机该管文武严行稽察。据称“各属苗土人等,俱极安静,实无匪类藏匿,不敢矜张滋扰”等语。臣伏查现获伏逆贼曾静及张熙之父张新华等,均系猥琐下流,既无白莲、无为等教可以哄诱愚民,复无寸枝片长,以及家产巢穴,可以号召匪类,徒以略识点画,遂尔丧心病狂,深山穷径之中,闭户潜谋大逆不道,诚为禽兽之不若,覆载所不容,宜置极刑以彰国法。至地方有此匪类,臣平时不能觉察,虽邀圣恩格外宽厚宥,臣罪实无可辞。伏祈皇上即赐严加处分,以为疏忽之戒。除现在会同臣海兰,严追同谋知情伙党,质讯确实,另行会奏请旨外,所有地方,现在安静情形,及微臣感激私忱,合先具折奏闻。伏祈睿鉴。

    朱批:览。

      二、检讨失误,湖南巡抚愿立新功

      (雍正派杭奕禄到长沙审问此案。杭奕禄到长沙后,首先传达雍正谕旨,对王国栋作了严厉训斥,因此王国栋写下这份检查)

      臣王国栋谨奏,为敬复训旨事。本年十一月二十六日,刑部左侍郎署吏部尚书事臣杭奕禄,奉命至长。臣谨跪请圣安,随蒙臣杭奕禄口宣皇上训旨:“尔到去问王田栋,他在湖南一二年,如果时常宣扬德化,晓谕愚民,如何会有这样百姓,想河南必无此事。叫他从此以后,勉力改过自新,留心地方事务,不时晓谕愚蒙,稽查匪类等因,钦此。”

      臣跪聆之下,悚惭无地。伏念臣本愚贱,谬任封疆,楚南刁悍习俗,久属圣明洞鉴,今乃有大逆不道之曾静、张熙出臣属下。臣莅任一载有余,不能革易心志,化导于先,又不能抉摘隐微,觉察于后。负职之罪,百喙难辞。乃蒙我后上不加谴责,格外优容。复谕旨部臣,勉臣改过。天恩如此其高厚,训诲如此其谆切,臣虽短于才识,亦略具人心,若不知加意奋勉,则属下愚不移,何以对扬圣主,何以督率官民,更何以与田文镜、李卫诸臣比肩而共事?自今以往,臣惟有时刻凛遵天语,一念不敢懈弛,一事不敢姑息,殚心竭力,化导整顿,以期仰报殊恩万一耳。除会讯逆贼供情,及分咨各省提犯,缘由另行公同陈奏外,所有微臣恭领训旨,私心感激下清,理合具折附奏。臣谨奏。

    朱批:既为大臣,凡事只务远大二字。人多以因小而误大者,勉为之。

    (副都统海兰等奏折严刑逼供,已经是殃及无辜;海兰和王国栋将押解到长沙的犯人,依次审讯,采用重刑夹讯和到家搜查的办法,无甚大效果)

      副都统臣海兰、湖南巡抚臣王国栋谨奏,

      为报明拿获首恶日期,及讯过口供,仰乞睿鉴事。窃臣海兰于十月二十七日到长沙府城,同臣王国栋,遵旨密委长沙府知府孙元等,分路查拿逆犯曾静等。于十一月初八日,据岳州府知府尹士份、华容县知县赵念曾,解到谯中翼。该臣海兰、臣王国栋,即公同密讯。据谯中翼供,我年七十二岁,系华容县学文生。今岁因贫苦患病,考试不到除名。我入学二十八年,不入公门,不管闲事,平日只晓得读书教学,并不曾出外行走,不认得什么曾静、张熙。昨日忽然拿到这里,连一生积聚得几本书,都抄了来,不知什么缘故。那刘之珩,是安乡人,平日文字相知,曾替他做过一篇时文序是实,若不信,只求拿这些人来与我对质,再着两个人扮作我,叫曾静等认指,谁是谯中翼,我这冤就伸了等供。因取所搜书籍等项查,看并无与张熙等往来字迹,诗内止有题明太祖像一首。据供系前明华容县人黎禧永,号天山所作,并不是我做的等语。当查诗题,下确有天山二字,随将该犯发禁候质。

      于本月十二日,据长沙府知府孙元,拿解逆贼张熙之父张新华,兄张照,并与张熙同行上书之张勘到案,即公同密讯。据张新华供,我今年六十岁,原名张仕璜,是乙亥年进学,因考试不到除名。那张熙是第二的儿子,从永兴曾静读书,近年来见他大言不惭,我赶他出去,他就住在曾家。今年回来当田做盘费,说要往川陕上书去。我被曾静所愚,儿子做这样不法事,我不能管束,就该死了。据张照供,张熙是我兄弟,这两年通在永兴曾静家住,我只晓得种田,他们做的什么事,我不晓得。据张勘供,曾静是我师父,张熙是他族侄。他会行医,今年五月,曾静打发他大儿子同张熙到我家,把数两银子与我,叫我替他们背包袱,同到四川去。说前头有好处,并不晓得什么事情。我跟着他走,九月十四日到了陕西,张熙叫我到文王陵上拔蓍草。到二十四日回来,听见他说要往总督衙门上逆书的情由。我想这样不法的事,我若同做就该死了。心里害怕,即时卷起铺盖走回。不知张熙后来怎样了,我是十一月初二日回家,初三日就被捉住。这些事,总是曾静、张熙做的,我实不知情,求超豁。夹讯该犯,矢口不易。至本月十五日,据抚标中军游击邬锦,署郴州知州张明叙,同随带守备韩祥,拿解张熙之师曾静到案。臣海兰、臣王国栋,即公同密讯。

      据曾静供:“我年五十岁,是永兴县人。系生员,考了五等革除。这上书的事,是我数年前的想头,立志定向,今年同学生张熙商量做的。张熙当了屋和塘,设措盘缠,是今年五月初七日起身。那张勘是我叫他同张熙去的,那书中讲的话,必要有学问的方好与他商议,张勘是个没学问的,我如何肯替他讲,他不知道的。就是张熙父亲张新华,止晓得他儿子往川陕去上书,那书里事情他也做不得主。永兴有学问的人少,我在山里住,离县城远,并不相与人,刘之珩先做永兴教官,我从过他,知道他晓得性理、天文,学问尽好。那陈立安是他的学生,在他家认得的。刘之珩有六十多岁,极有涵养。听见我讲及这些道理,还大怒痛骂。今年上书的事,他隔的路远,并不曾与他商量。谯中翼平素不认得,曾见过他的文章,知道他的学问好,有志向。我生平讲究程朱性理,见吕晚村拒陆尊朱,直接濂洛之传,心里慕他。去年张熙曾到浙江访他书籍回来,知道湖州严赓臣、沈在宽们,都是吕晚村渊源一脉,必定有学问的了。就同张熙讲究这事,若做得成,我们举尔所知这些人,都可荐得的。其实不曾会过面,并无同谋的事,也没有什么党羽。永兴有个学生廖易,我平时讲论道理,他知道的,上书的事,他并不曾同谋,总是我一个做事一人当,我不肯赖,也不好诬扳别人的等供。臣海兰又追问张熙所说:“六省一呼可定之处”,据供这是我同张熙商量,看见时疫流行,像个天心不顺,想来天心是一样的,故如此说,并没有成见等语。臣等又细检各犯家中搜到书籍字札,于张新华家搜出逆书二册,并上总督岳钟琪书稿,及临行祭神祭祖等文。系张勘带回之物。讯据张勘,供这书是张熙带去的,他藏在被盖里,我不知道拿回来,被长沙府搜出的。书上的话,我不晓得,求问曾静便见明白。讯据曾静供:“这书上的话,俱是我做,就把与张熙的,我岂肯赖”等语。

    又查书内所开严赓臣、沈在宽、车遇上,俱系各省已经奉旨查拿之犯,又有施虹玉、毛仪、孙学颜名字。讯据曾静供:“施虹玉系江南徽州人,年九十六岁,其人已故。孙学颜系山西人,我在古文刻本上见他学问好,没有会过面,不晓得他年貌住处。毛仪系陕西凤翔府宝鸡县人,曾在晚村家里买过八十两银子的书,知道他学问好的”等语。臣海兰臣王国栋查书内辞义,类多借道学,以济其悖逆之说。满纸乱言,狂吠不道。翻阅一过,心胆欲裂,断不敢进呈御览。现在公同封固,俟追讯确实,即行请旨焚毁。似此丧心病狂逆贼,虽寸磔不足蔽辜,断难姑容时刻。第刘之珩虽经拿获,因途远尚未到案对质。但他省所拿各犯,不知口供果否相等,不便即请正法,或致同恶漏网。再查曾静状同禽兽,语属猖狂,昨游击邬锦等拿获之时,于该犯衣衫上写对句数联,并云:“蒲潭先生卒于此”。自知罪大恶极,欲寻自尽。幸赖皇上威德,天夺其魄,是以擒获。臣等因该犯自获到案,即经直认,未经查拿之犯,俱一一供明,且查逆书所载,亦无多余党伙。张新华又现在患病,窃虑夹讯致毙,或该犯自行绝食,不得明正极刑,无以快人心而彰国法,是以未加夹讯,现饬按察司加谨看守。似刘之珩、陈立安、廖易等到案质讯确实,即行会奏请旨定夺外。所有首恶曾静拿获日期,及讯过口供,理合会折。谨遣抚标把总李吉驰驿,赍捧奏报。又查曾静所供孙学颜,系山西人。臣等于搜到书籍内,检出《吕晚村古文》二本,系桐城孙学颜编次、作序。篇首又有“桐城孙用克编次”一条,似乎孙学颜即属孙克用。再臣海兰,前赍到供犯单内,开有孙克用一人,系江南淮安府人,与集内桐城孙用克,姓名略同,合并陈明,伏乞睿鉴。

    朱批:知道了。

      刑部侍郎杭奕禄等奏折曾静等人为什么要捕风捉影、诽谤雍正皇帝?

      (杭奕禄到长沙后,遵照雍正面授机宜,要平心静气,穷追邪说来源。所以改变用刑逼供为软语宽问,将逆书中所有传言,逐条追问消息由来。雍正的本心不在于杀不杀曾静这些无足轻重的小人物,关心的是逆书中所提及的一些宫廷内幕(参见《大义觉迷录》卷一雍正的二篇上谕),认为这些绝非一个居住深山的小百姓所能编造出来的,其根源必出自熟知宫廷情况之人,所以让杭奕禄等逐条追问其来源。不过杭奕禄虽然曾经雍正亲自交待,但思想仍有顾虑,不敢把一些涉及皇家稳私的事公然写入奏折。所以雍正看了这份奏折后并不满意。因而批示将曾静等犯人解送北京)

      刑部左侍郎臣杭奕禄,副都统臣海兰、湖南巡抚臣王国栋谨奏,为恭报会讯逆贼供情,并呈逆书底稿,仰乞睿鉴事。窃臣杭奕禄于十一月初三日,奉命出京,至二十六日抵长沙市城,恭述我皇上天地之量,尧舜之仁,不以逆贼狂言少介圣意。并命臣等平心静气,穷究邪说所由来,开导痴愚所未喻,务使折服认罪。臣海兰、臣王国栋恭聆之下,仰颂圣德之渊涵,益愤逆徒之妄诞。臣等随于长沙抚臣内署密室,提出曾静,将本朝得统之正,列圣功德之隆,圣祖仁皇帝六十余年,恩泽入人之深,当今皇天子孝敬慈惠,恭俭文明,与夫励精求治之实心,爱养斯民之实政,逐一开示宣扬。该犯谛听良久,乃俯首认罪云:“静生居天末,日坐井中,妄想成魔,造言诽谤,是诚罪大恶极,若非三位大人传示,几于至死不悟”等语,痛哭流涕,叩头不已。臣等见其醉醒梦觉,然后将逆书所载,逐条追究。该犯茫无所指,非云齐东之语,即云臆度之私。诘问再四,毫无风影。当给纸笔,令该犯详细写供。谨将亲笔供单进呈御览。臣杭奕禄,又会同追究其同谋党羽。据该犯坚供,当日遣张熙前去,实系独得之秘,毅然而行,既非他人所能参赞,亦不屑与闻于人。且自以为成,固有利,止也无害。故《知几录》内谆嘱张熙,一路访问。如所闻与在家所传不合,即便回来,另作主意,不可轻举。原非预有邀约,谋定后行。实无同党,有书可证”等语。

      臣等会讯续获之宁远县教谕刘之珩、陈立安,并书内查出之曹珏、廖易即景叔等,皆供不知投书情事。即质之曾静,亦云伊等实不知情。臣等又询刘之珩、果否通晓天文、兵法?据刘之珩共称:“因幼习《尚书》略晓得些星象图说。那里知道天文,至八阵握机图,俱是先贤朱熹成语。之珩纂刻起来,教武秀才的。何尝知道什么兵法。曾静看见了《握机图》、《格物集》他就混说之珩知道天文、兵法了。如今这两种刻本底稿现在,求查便明”等语。臣等细阅刘之珩《格物集》抄本,及《握机图注》刻本,实无妖妄悖乱之语。除将检得刘之珩《格物集》并封呈外,伏查逆贼曾静,即夏靓,生于山野,不明大义,因考试五等,遂丧心病狂,借前人道学之皮毛,以行无父无君之邪说。复敢诬谤圣主,捏造逆书,遣徒张熙即张倬,又字敬卿,带同张勘,即实安,赍往陕西,希图诱惑大臣,济其大逆。诚为罪恶滔天,神人共愤。臣等恪遵训旨,平心细讯。该犯自知诬妄,不待刑加,叩头伏辜。虽悔罪出于至诚,似类有苗之格,而下民敢于罔上,难逃大逆之诛。宜置极刑,以彰大法。同谋之张熙,知情之张勘、张新华,以及缘坐人等,律有明条,均难轻纵。至于曾静,行止乖张,久为乡党所不齿,其所谋情事,亦非邻里所得闻。昨事露被获,当地士民以为向年假称道学,今竟弄出事来,莫不称快。被其蛊惑信从者,不过张熙等一二门人。臣等细行查访,此外实无同伙党羽。其逆书所载,谯中翼、严赓臣、沈在宽、车鼎丰、车鼎贲、孙克用,并书内查出毛仪、施虹玉等,据该犯坚供,皆系背地推崇,并未谋面之人”等语。臣等查阅《知新录》、《知几录》内所载各条,原无与众人商谋字样,似非全出狡饰。再从前曾静遣张熙往浙访求吕晚村书时,曾见吕晚村第九子吕无尽,得伊《纲目凡例未发之蕴》,或彼此有所商谋,亦未可定。臣等现在行提并要《备忘录》、《吕子文集》及《纲目凡例未发之蕴》,以便查阅质审定拟。

      曾静系大逆重犯,理应刑讯。但各犯尚未到齐,若一加刑,该犯自知必死,势必绝食,则将来难于定案,统俟各犯到后,严行质取确供,斟酌律拟。臣等自当仰体皇仁,细心区别,有罪者断不敢纵漏一人,无罪者亦不敢诛连扰累也。所有曾静逆书底稿,及祭祖等文稿,前臣海兰、臣王国栋以臣子忠爱私心,不忍将犯上呓语,转呈君父。谨公同阅明封固,具折请旨。今臣杭奕禄面聆天语,知圣主如天之度,未尝以妄诞之语少介圣怀。既有逆书,理当进呈,臣等谨公同封进,仍望皇上即赐发回,容臣等细按追问,以免遗漏。除现在会咨陕西、江南、浙江三省督臣、提拿逆贼张熙,并逆书内一应有名人等,到案质明,另行分别律拟奏请外,所有臣杭奕禄、到长会讯缘由,及逆贼曾静供单,并搜获曾静大逆书三册,又所著《小学开蒙》一册,扇一柄,对联一纸;刘之珩书二册,谯中翼诗稿一纸。理合另匣一并奏呈,伏乞睿鉴。谨差抚标千总吴杰赍捧奏闻。朱批:览。逆犯之供单更属可笑人也。有旨部颁,遵谕将一起逆犯押解来京,一路着实宽慰带来。江浙逆党数人已解到部矣。俟到京对质。

      湖广总督迈柱奏折曾静等人在湖南被捕审的经过

      (湖广总督下辖湖北、湖南二省。湖南发生曾静案,虽然是由皇帝亲下密旨,由湖南具体执行,并未让迈柱过问。但迈柱身为总督,统管两省,不能不写折表态,这是清代官场惯例)

      湖广总督迈柱谨奏,为奏闻事。窃照臣驻扎湖北武昌,凡湖南事件,耳目稍远,闻见甚迟。先于四月内,臣经奏明在案。当蒙朱批,此自然之势,岂有不量之理等因,钦此。但臣身受总督重任,凡有关地方紧要事务,向经饬谕湖南文武属员,不时报闻,以便办理,不敢一事怠忽,更不敢一刻苟安。兹于本月初三日,据署衡州副将印务谢珑密禀,内称长沙知府孙元到衡,约同文武,密拿要犯。随令外委带兵,同至安仁,于十一月初二日,已拿获张新华、张照、张勘三名,各犯家产封固,理合禀明等因。又于本月初四日,据谢珑禀称,今有钦差同抚标游击、桂阳知州,在于永兴县渤潭地方,拿获匪犯曾静一名,衣内写有渤潭得道先生字样。当查明该犯家口,收永兴县禁等因。同日又据永州知府姜邵湘密禀,内称长沙协周宝,持巡抚公文,同至永城,折阅公文,系密拿宁远县教谕刘之珩,并追要门人陈立安及同志录。即同副将、县令,督同拿获。搜查寓所,据供同志录并未看见,又搜查册籍,往来书札,并家口财物,封贮看守。并拿获陈立安之子陈达,同刘之珩俱解赴长沙等因。同日又据长沙副将周宝密禀,与前禀同。又于初五日据岳州参将李佐喜密禀,十月二十九日夜,有岳州知府奉巡抚钉封公文一角,酌派武弁一员,带兵同往华容县,有县令奉巡抚飞檄,内开奉旨严拿要犯谯中翼。当令把总同往,至歇凉地方,于十一月初二日未时,拿获谯中翼并子谯大谷,押解到岳,拨兵转解长沙去讫等因。

      同一天,又据长沙副将周宝寄来密禀,和前一禀报内容相同。又于初五日,根据岳州参将李佐喜寄来密禀说,十月二十九日夜间,有岳州府知府,收到巡抚密封公文一份,让派武官一名,带兵前往华容县,由县令遵照巡抚紧急檄文办理,内容是奉圣旨严拿要犯谯中翼。当下便派一名把总带兵同往,到歇凉这个地方,于十一月初二日下午未时,逮捕了谯中翼和他的儿子谯大谷,押解到岳州,又派兵解送到长沙去了等情。又据岳州知府尹士份禀,同前由。同日又据华容县禀,亦同前由。随又据岳州知府尹士份密禀,内称奉巡抚檄文,拿获谯中翼父子,解赴长沙。

      巡抚当同钦差大人在内堂会审。即将书箱四个取进,又蒙巡抚传谕,驰驿往安乡,密拿陈立安,已获起解,至该犯家产,有水田,时文一小书箱等因。据此臣查此等密拿情节,三日之内,据文武各报,事同一类,揆其行径,显系地方奸匪,有谋为不轨情由,或系抚臣察觉奏闻事件,或有别经发觉之处,臣实未准抚臣知会,又恐系另奉密旨,令抚臣办理事体,不便违例询问。臣是以虽据报闻,仍应静候抚臣审明,知会到臣,再容具奏。但臣身任总督,地方有此等奸匪之徒,不能查察于先,直待拿获之后,据文武属员禀报,始有知觉,臣实惭悚无地,总惟仰恳皇上,俯念北南两省,远隔耳目,原有未周之处,恩赐曲原,庶臣得以稍免过愆。再臣原经访闻,有旗人金姓者,在衡州府城,与原任衡州革职知府金依尧往来情厚,并口称系奉诚郡王差遣等语,招摇滋事。臣已密谕衡州知府密拿,即就近解赴南省究审。今据按察使赵弘恩,亦通报前来此案。俟拿获审实,容臣另奏,合并陈明。臣谨缮折奏闻,伏乞皇上睿鉴批示。谨奏。雍正六年十二月初六日。

      朱批:览。

      一、张熙堂叔张勘被追捕的经过

      (张熙约其堂叔张勘赴西安投书,到达后,张勘才知是投逆书,心中害怕而逃走,岳钟琪派人追捕未获,因写此奏章。而张勘到家第二天,即被湖南方面逮捕)

    陕西总督臣岳钟琪谨奏,为据实复奏事。窃查逆犯张熙,供称伊弟张勘,由商州一路先回湖南等语。彼时臣一面奏闻,一面即飞遣确人追缉。先令由商州一路,挨门逐户盘察查拿,仍另遣人星夜兼程,预抵襄阳,在各饭店马头守候踪迹,密伺查捕。以凡自西安往湖南者,不拘水陆分途,冲偏各径,悉由襄阳径过也。兹奉朱批谕旨下,询张勘曾否拿获,仰见睿虑周详,恐其逃回,预漏消息,则逆犯曾静等,不无潜匿远之患。但臣曾细询张熙,自西安至湖南住家处,水陆必行,四十余日。今虽据商州一路蹑缉之人役回称,挨户盘查,并无张勘踪迹。而襄阳守候之人,至今尚未回陕。窃计钦差兼程南下,到彼必速,料张勘纵能脱漏,亦难迅速抵家,不至预透风声,令逆党潜遁也。兹奉朱批垂询,拟合缮折据实复奏,伏乞皇上睿鉴。谨奏。雍正六年十二月初七日。

    朱批:大奇事。张勘到家,次日已被钦差差役拿获,凡张熙开列名单所有之人,一人未曾免脱,皆就擒矣。谕卿喜之。

      二、继续搜捕毛仪及其两子的经过

      (由于张熙供出陕西人毛仪,曾在吕留良家购买过书籍。尽管张熙说此人已故去五六年,仍要派人前往搜捕)

      陕西总督臣岳钟琪谨奏,为奏明事。窃查逆犯曾静遣徒张熙投递逆书一案,于十二月十四日,准钦差侍郎臣杭奕禄等,会同湖南巡抚臣王国栋,咨提逆犯张熙质审,并提案犯毛仪,乃曾向浙江吕晚村家买过书籍者,系陕西凤翔府宝鸡县人等因。移咨到臣。随即密令署长安县事,县丞李元,将毛仪实在住址下落,仍用好言探问张熙去后,续据李元回称,据张熙供,毛仪系宝鸡县贡生,住在溪地方。前路过曾到他家,他已故五、六年了。他有两个儿子,都是务农的庄家汉等语。臣即遣把总王大谟,星夜前往,会同宝鸡县知县杜生,赴溪地方密访查拿。如毛仪现在,即行密拿到者,连张熙一并解楚;倘毛仪如果已故,即将张熙先行解楚。仍一面密拿毛仪之子,并搜其书籍。到日容臣审明,另奏外。合先缮折奏明,伏乞皇上睿鉴。谨奏。雍正六年十二月十五日。朱批:杭奕禄等已将逆情审明奏闻,有旨着将逆类解京完案。张熙若已解楚,则不必矣。若尚未动身,亦解送京交部,不必解往也。沿途着实宽慰,不可令受苦,差来押解之人,着实吩咐,好生送到。

      一、应将曾静案及其主犯押送湖南对质

     (根据曾静、张熙供词,主要犯人已在各省纷纷被捕。杭奕禄等要求将这些犯人押送湖南对质后定案,而雍正则下令一律解送北京)

    臣杭奕禄、臣海兰、臣王国栋谨奏,为请旨事。雍正六年十二月初八,臣等将会审逆贼曾静亲笔供单,及逆书稿本,业经会折进呈御览。其逆贼张熙,并供犯严赓臣、车鼎丰等、亦经飞咨陕西、江南、浙江督臣分提去后。雍正六年十二月二十八日,准陕西督臣岳钟琪咨,称讯据张熙供毛仪,系宝鸡县贡生,前曾路过他家,他已故五六年了等语。现在差查如毛仪尚在,即一并移解,如毛仪果故,即当移解张熙听审,合先咨复等因。本年正月初七日,准浙江督臣李卫咨,称此案先奉密旨,随将严赓臣、沈在宽、已故吕晚村之第九子吕毅中,第四子吕黄中,长孙吕懿历,密提到案,研讯确供。委官李国正等,于十一月初六日管押起程,解赴刑部投收讫。其《备忘录》、《吕子文集》并别项书籍,俱经两次固封,具折进呈。并将吕留良家现存书目抄册,同送在案。相应粘抄供单咨复等因。该臣等查核单内,严赓臣等各供,与臣等前审曾静口供相同,其张熙赴陕上书之处,虽据曾静坚称严赓臣等并不知情,但必得对质严讯,始可完结。相应会折奏请,伏乞皇上敕部将严赓臣等,押发来楚,与曾静、张熙等三面质明,另容臣等按供律拟,请旨定夺。至供犯车鼎丰等,正月十二日据臣等差役王宗周回称,江南督臣范时绎,已经遣员解来。于正月二十外可到,理合一并奏明,谨遣抚标把总李吉赍捧奏闻。

    朱批:已有旨著汝等带各逆犯来京矣。

      二、曾静等供词及押解犯人进京安排

      (这是曾静遣徒张熙投书案在湖南审讯时的最后一份奏折。此案涉及人员均已在各省被捕,雍正下旨全部押送北京)

      臣杭奕禄、臣海兰、臣王国栋谨奏,为奏闻事。雍正七年正月二十一日,湖南抚标千总吴杰,赍捧朱批奏折。恭捧上谕:“览逆畜之供单,更属可笑人也。有旨部颁,遵谕将一起逆犯押解来京一路着实宽慰带来。浙江逆党数人,已解到部矣。俟到京对质,等因,钦此。”

      本月二十二日兵部火牌递到,怡亲王等公字,内开雍正六年十二月二十五日,奉上谕:“前岳钟琪奏呈曾静、张熙逆书,朕览之不觉失笑,不知从何处得此奇幻荒诞之语。但曾静等,既为此书,必有奸逆之人造作流言,希图煽惑者。朕不得不一一剖析,宣示于众。今将谕旨发出,着交与杭奕禄等,将朕此谕逐一询问曾静等,取具口供奏闻。至杭奕禄等前次所取曾静口供,今日方到,朕尚未细阅。大概看过,若果朕之居心行事有丝毫如伊逆书之所言,则人人当如曾静怀叛逆之心矣。并以此谕之。据曾静供称,此语得之传闻,是他人造作此语,而陷伊于重罪,则造作此语者,乃伊之深仇,伊更不当为之隐讳。即曾静等不能确指其人姓名,亦必略知其来由踪迹。着杭奕禄等委曲开导,推问根究,务得其造言之首犯,不必刑询。若供出之人审究确实,着同曾静等一并解京,如不得其人,即将曾静等解送。着杭奕禄、海兰带领前来,途中加意照看,勿令受苦。至各省提解人犯,其在浙江者,已经解京。其余人犯者已解楚,一并解送等因。并抄颁上谕一折,到臣等。钦此。”

      同日准陕西督臣岳钟琪差委县县丞管道沛等,将逆贼张熙押解到长,并查明逆书内有名之毛仪已经身故,其子毛仍世、毛延世现禁在陕等因。本月二十九日又准江南督臣范时绎,将逆贼供犯车鼎丰、车鼎赍、孙克用,委员押解到长沙府,并声明孙克用现在患病等因。均经分别严加收禁。该臣等随提曾静至抚臣内署,钦遵圣谕,详悉宣示,并将上谕,令伊捧阅,又委曲开导,反复追讯造言首犯,曾静惟有痛哭流涕,深悔前非,叩头服罪。据供:“小的书馆在安仁县路傍鹏塘地方,偶听来往路人传言,实未询确姓名住址,不敢信口妄报。惟雍正元年四月二十七日,有一人至小的书馆,据云向名王澍,号燕山,系丙戌进土,曾与十四爷同窗读过书来。小的恐系职官,不敢深问,因伊称有子现在川陕统兵,疑即系岳钟琪父亲,故《知几录》内亦载有此段,令张熙访问”等语。此外实不能指出造言之人,臣等诘问王澍居址,据供止知是江浙人,不知府县,又诘问年貌,据供“彼时有四十多岁,如今有五十余岁了,五短身材,胖肿的,微须”等语。

      提讯张熙,据供“赴陕投递逆书,系曾静主使,案内谯中翼,小的并不认识,至于刘之珩,陈立安等,虽有一面,并无往来,俱不知情。小的先于雍正五年,至浙江吕晚村家买书,会见吕无尽,因说起吕晚村有个门人严赓臣,遂复至湖州严赓臣家,又因严赓臣有门人沈在宽,在江南车鼎丰、车鼎贲家教书,遂写书交与小的,于八月间到车家,住两三日,临行车家送银一两。至孙克用,系小的在车家时听得说学问好,其实并未会面。在陕西时,亦无见过之供。总之,这事原是曾叫我前去,他平日师道最严,我怕他,不敢不去,其余诸人,均不知上书缘由”等语。臣等复提车鼎丰、车鼎贲密询,据供“原籍湖广,久住江南,与曾静、张熙毫无交往。雍正五年八月间,有浙江湖州严鸿逵,即严赓臣,字附张熙带投犯生处,犯生等念系原籍同乡,穷途告助,随留住两三天,送银一两而去。实不知何故牵及。且犯生等世受国恩,侄子车敏来,现任山西安邑县知县,犯生车鼎丰,系戊子科副榜,犯生车鼎贲,系监生,何敢结交匪类”等语。

    复提问孙克用,据供“实名孙用克,并不曾与张熙会面”等语。据此,除案内缘坐各犯逐一查拿监禁楚省,俟本案各犯解京审明,知照发落外,其逆贼曾静、张熙及照单拿获之张勘、张新华、张照、刘之珩、陈立安、谯中翼,逆书有名之廖易、曹珏,案外查出之张孝先,江南解到之车鼎丰、车鼎贲、孙克用等,臣王国栋捐给路费,遴委乾州同知沈元曾,长沙协守备仇之苞,抚千总吴杰,督率押解,臣杭奕禄、臣海兰带领,于雍正七年三月初十日,自长沙府起程进京。所有曾静亲笔供单,及臣等带押逆犯起程日期,理合奏呈,伏乞睿鉴。谨遣抚标把总刘起凤恭捧赍奏。

    朱批:览。不数日汝等即可至京也。

      雍正上谕沈在宽诗“陆沉不必由洪水”,其中大有深义

      (吕留良文字狱案所受诛连的人,除吕氏家族外,最重要的就是吕留良的徒弟严鸿逵,以及严鸿逵的徒弟沈在宽。雍正给严鸿逵定的罪状,有专门谕旨,已见于《大义觉迷录》卷四。而这篇公布沈在宽罪状的谕旨,主要抓住沈在宽的一句诗“陆沉不必由洪水”来作文章。雍正在黄、运两河是否决口,发生洪水上大作文章,摆出康熙治河的种种功绩。这篇谕旨没有收入《大义觉迷录》)

      雍正七年六月十五日谕内阁:我朝建极绥猷,遐迩率育,海隅日出,莫不尊亲。乃逆贼吕留良、严鸿逵凶悖严乱,无父无君,著书显为谤讪。于本朝之大统,肆为诋斥之词,于我圣祖仁皇帝之深仁厚泽,伟烈丰功,任意为诬蔑慢诅之语。其猖狂妄幻,肆无顾忌。人人痛心疾首,不共戴天。朕已降谕旨,将伊等极恶大罪之处,宣示中外诸臣,公议治罪。至于严鸿逵之徒沈在宽,生于本朝定鼎数十年之后,自其祖父,已在覆帱化育之中,非只身被德教育可比,纲常伦理之大义,尤当知凛。乃堕惑逆党之邪说,习染凶徒之余风,亦怀不逞,附会诋讥,慕效梗化之民。称本朝为清时,竟不知其身为何代之人,狂悖已极。此沈在宽与吕留良、严鸿逵党同,惑逆之彰明较著者也。至其所著诗集,有云:“更无地著避秦人。”

      又云:“陆沉不必由洪水,谁为神州理旧疆。”此以本朝之宅中立极,化理郅隆,目为神州陆沉,有同洪水之患,其谬戾尤为狂肆。且即以洪水言之,明代二百余年,黄运二河,时时溃决,生民日有沦为波臣之惧。我圣祖仁皇帝时廑忧勤,详示方略,躬亲相度,至再于三,凡所以修筑捍御之策,疏浚导刷之宜,悉经睿虑精详,尽美尽善,以致川流循轨,黄河安澜。数十年来,堤工巩固,亿姓永无昏垫之虞,共享平成之庆。迨朕绍膺丕绪,恪遵谟烈,加意修防。仰荷上天眷佑,七年以来,河流咸归故道,海口深通,清、淮迅畅,三省运道,遄行无阻。至于北直畿辅之地,南省浙江等处,凡有海塘河渠,以及应行经理水利之处,皆渐次兴修,蓄泄为时,旱涝有备,府事修和,桑麻遍野,此时之神州,何处可指为陆沉,又何地可指为洪水乎?且沈在宽云:“谁为神州理旧疆。”

      其意欲将神州付之何人经理也。沈在宽年未满四十,而亦效其师之狂悖,肆诋本朝,乃于逆贼曾静之徒张熙千里论交,一见如故,赋诗赠答,意同水乳。此其处心积虑,以叛逆为事,其罪实无可逭。著交与刑部,将沈在宽讯取口供具奏。

      一、雍正收用密亲王妃嫔的谣言

      (曾静供出谣传雍正收用密亲王妃嫔一事(参见《大义觉迷录》卷三),使雍正大为恼火,下令广西巡抚追查出此造谣人为谁,广西巡抚这份奏章,便是接到谕旨后的表态,而使曾静案牵连进一步扩大。)

    广西巡抚臣金谨奏,为奏闻事。窃本年六月十八日辰刻,奉怡亲王暨大学士等,寄到雍正五年五六月以前发往广西烟瘴人犯密单。据逆贼曾静供吐,五年充发人犯五六月间路经衡州,造作逆语,令臣查此犯所到充发去处,散播悖乱之词。臣看得此等充发烟瘴之犯,皆罪大恶极之人,蒙皇上天恩,宽其死罪,故每于该犯发到之时,该地方官俱派拨人役看守,不许擅自行走,原惟恐其害地方。今此中竟有如此大逆之犯,造为逆语,摇惑人听,臣益仰见皇上圣谕所照,如日丽中天,无微不悉。臣接到密字,当即密谕该管官,令其细心设法查访,务得实情。不但五年六月以前充发人犯,并来单所不及者,亦令其一体访察。俟查得其人,即星速押解赴部,断不使稔奸积恶得幸脱于恢恢之天网也。再本年七月初二日,准刑部咨,据福督高其倬奏,送马廷锡妄传讹言一案。行拿原任山东巡察御史蒋洽秀家人俞成一犯。当即飞檄该全州知州,密拿的犯俞成,五月到案。随于本月十二日给咨,委全州山角司巡检刘朝佐,押解赴部矣。理合一并奏闻。谨奏。雍正七年七月二十一日。

    朱批:览。

      二、广西钦犯的确是不少人有悖逆言论

    (金根据京中发来的名单,进行密查,发现不少人有悖逆言论,并又查出名单中漏开的二名饮犯也有悖逆言论。不久,又接到将这批钦犯解送京师的通知。在解送前写了这奏折先行报告)

      广西巡抚臣金谨奏

      为奏闻事。窃本年六月十八日辰刻,怡亲王暨大学士等,寄到雍正五年五、六月以前发往广西烟瘴人犯密单,令臣察访该犯所到去处散播悖乱之词;其来单所不及开者,并令臣留心细察。臣查来单,开列过衡人犯共五案,马守柱、蔡登科、耿桑格、六格、吴守义、霍成、达哈琏并子成德,共八名。除蔡登科、耿桑格二名已经病故,报明在案外,其现存在配人犯六名。有永康州知州高潢在省,臣见其人明白精细,即密令该员访查前去,今据查明密禀。惟原茶叶库大使达哈琏甚为安静守法,其子成德,年仅六岁,并据该管官上思州知州崔杰禀称,亦与高潢禀称无异。又太监吴守义,亦未闻其有何言语。查得太监霍成、马守柱二名,或为悖逆之语,或为怨望之语,俱一一具禀前来。又据河池州知州陈舜明查得六格一犯,实有悖逆之语。其来单所未及开者,再据高潢查访,得雍正四年十二月间准咨太监一名刘应试,又五年十月间准咨太监一名米儿,或为悖逆之语,或为怨望之语。

    臣正将各犯姓名语言缮具清单,并一面飞檄各地方官速行解省,以便请旨。兹于闰七月二十八日,又接得怡亲王、大学士等于七月二十六日,并闰七月初二日两字,宣传上谕,令臣将五年内充发广西人犯达色、蔡登科、马守柱、耿桑格、六格、吴守义、霍成共七名,遴选的当人员,押解赴京。臣查字内所开人犯,除已病故之蔡登科、耿桑格二名,现在五名。其达色一名,据该地方官称,该犯亦有逆语,但未得其确实,正在密查。吴守义一名,未闻有何言语,余犯六格、霍成、马守柱三名,俱已察出实情,臣接得来字,当又飞檄各地方官星速解省。一经解到,臣即遵奉谕旨,将字中所开存人犯五名,并未开之刘应试、米儿二名,陆续选员押解,不令一处行走,不令各犯相见,并令细察其动静言语,务使完全解部。再来字宣传上谕,令将从前押解各犯之人员查出,确加询问,令将所闻各犯悖逆之语,据实说出。臣伏绎谕旨,惟务在察出各犯实情,今各犯语言,除达色正在密查外,其余各犯俱已分别访实。从前原经押解人员,似可无庸询问。理合奏明。所有前后奏到谕旨查访得充发烟瘴人犯,容臣陆续起解。缘由合并先行奏闻。谨奏。雍正七年八月初一日。

    朱批:览。

      三、广西官犯已经出发押送京城

      (金奏报了押送各犯赴京日期,并讲了些诱犯人口供的实况,受到雍正在批语中嘉奖,同时对金原是允属下也点了一下)

      广西巡抚臣金谨奏

      为奏闻事。窃本年闰七月二十八日,接到怡亲王、大学士等寄字,宣传上谕,令臣将雍正五年充发广西人犯达色、蔡登科、马守柱、耿桑格、六格、吴守义、霍成共七名,遴选的当人员,押解赴京。臣当查明所开人犯,除蔡登科、耿桑格二名已经病故,又查出单内未及开出之刘应试、米儿二名,合共七名。业将访出各犯实情于八月初一日缮折具奏,并开列清单,恭呈御览。臣以监临乡试入闱,预将咨牌给发按察司衙门,随后各属押解刘应试、霍成、马守柱、米儿、达色、六格等六名先后到省。经该司于八月初八、初九、初十、十一、十四、二十二等日,陆续委员押解去后,其达色一名前来,得其确定逆语。兹据天河县知县吴正一具禀,现已备细察出。再六格一名,前据河池州知州陈舜明访闻,已将逆语缮奏。今又据该州禀称,密唤六格至署,予以酒食,设词探诱。而该犯逆语愈多,乃既以妄言之后,随复自吐其舌云:“我错了,老爷是个官,我如何向老爷说出这些话来!”

      此诚罪恶贯盈,天夺其魄,故不觉呈露如此。伏思我皇上至德光昭薄海,臣民无不共仰高厚,该犯等捏造谤侮,曾何伤于日月。而逆贼曾静之敢于见之笔墨,肆行狂吠,其为此辈之所煽惑确然无疑。谨将续查达色、六格二犯逆语,于出闱后再行详缮清单上呈。伏乞睿鉴。谨奏。雍正七年八月二十八日。

    朱批:料理可嘉之至。犯口供单留中。地方中既被此辈流言,已蛊惑数年矣。但乡愚无知者,信疑之间不可言无常。竭力留心开示,凡有发往人犯处,皆不可疏忽。务将阿其那等不忠不孝不法不臣处,一一详细委曲宣谕,务人人知悉方是,不可草率疏忽从事。况汝先在允属下,虽任外吏,朕弟兄辈从来情形,汝不可言全不知也。勉为之。

    湖南巡抚王国栋奏折:

    一、风水先生陈帝西兴风作浪,传播谣言

    (曾静供出所听谣言来源分二条线索,一是发往广西充军的官犯;一是出于看风水的先生陈帝西。这份奏折,即为审理陈帝西一案的情况,从中可看出,牵扯到的人互相推委,无个结果,所以王国栋受到雍正严厉批评。)

      臣王国栋谨奏

      为奏闻事。雍正七年六月初十日,准兵部火票递到和硕怡亲王等寄字。内开据逆贼曾静供称,记出有两个偶尔传言的人,一是安仁县生员,姓何名忠立。曾说他听闻有个茶陵州人,姓陈字帝锡,传说朝中有人上议皇上多条;又水兴县十八都有个医生,姓陈字象侯,也说他在一处人家行医,听得人说茶陵州有个堪舆,姓陈字帝锡,口传有个本章谏议皇上如此不好,那上本的臣子姓岳名钟琪等语。巡抚可密将安仁县生员何忠立、永兴县医生陈象侯、茶陵堪舆陈帝锡行提到省,细讯何忠立、陈象侯伊等向曾静如何说,并问陈帝锡所传之语,本于何处?伊若承认直供,则将伊供出之人,一面奏闻,一面提问;如伊等不肯承认,巡抚可委曲开导,晓以曾静乃首逆巨恶,面我皇上好生之德,尚以其听信流言,不忍即加诛戮。况尔等不过传说之人,但将传自何处,得自何人说出,尔等则皆系无罪之人,何苦为人隐讳,以身试法。如此劝谕,伊等犹不实供,则用刑讯,刑讯若仍不能得实,着将何忠立等解京与曾静对质。又:曾静供所传收密亲王妃嫔等语,是雍正五年五、六月内,往来路上人传说衡州路上押解一个犯官过,他如此说等语。巡抚可密行查访,五年五、六月间何犯过衡,查明一并具奏。且将五、六月间过衡人犯姓名密行知会广西巡抚等因到臣。随分差标员,密檄各州县,逐一查提。先据永兴县知县戴文谟获解医生陈象侯到。臣讯据该犯供称:“五、六年前,因曾静的妻子患病,他来接小的医治,所以认得他。那陈帝锡小的并不认得,前年在安仁行医,曾听得武生何献图说起,京中有一个臣子上了谏本,皇上说他是个忠臣,要加封他的官。后来会着曾静,讲闲话时,也曾说及过的。”臣即密拘何献图。

      去后,又据安仁县知县袁紫垣获解生员何立忠。即何忠立到,臣审据该犯供称:“我是文生,叫何立忠,平日与曾静并无往来,旧年因犯生女婿死了,曾静到女婿家来吊孝,犯生会着他,说起犯生女婿为人度量偏浅。犯生随口回他说,目今只有皇上的度量大,听见朝中有人不知避讳,上了谏本,皇上置之度外。这也是因话答话,并不是犯生造的,是族间何献图对犯生说,是一个堪舆陈帝西讲的。”

      续据署茶陵州知州李凤生获解陈帝西即陈帝锡到。臣审据该犯供称:“小的叫陈帝西,是做堪舆的,平日并不认得陈象侯,也没有在何献图面前讲过什么话。”

      随提何立忠质供:“那上本的话,是何献图亲口对我讲是你说的,并不是我赖你。”

      复据陈帝西供:“前年十月里,小的在何献图家看风水,他的妹夫叫张继尧,曾说有人去四川回来,闻得岳老爷上了一谏本,说些不知忌讳的话,劝皇上修德行仁。又说四川坍出一个孔明碑,那碑文上有几句诗,说‘孔汝仅留二八帮,花木流落在四方。秦楚士卒千万丈,郊外东方荒又荒。秦晋兵来燕赵地,秋后鸦鸟尽无粮。四民遍地遭淹没,天下从此动刀枪。若问人民太平日,除非山山口口藏。’这都是张继尧说的。”

      又据安仁县知县袁紫垣获解何献图到。臣讯据该犯供称:“犯生曾请一个堪舆陈帝西看风水,他曾说过有个臣子上了一谏本,皇上置之度外,还加封他的官职。犯生道听途说,原向族间何立忠并在犯生地方行医的陈象侯讲过,并不曾听见有什么孔明碑的话。”

      随提陈帝西质讯。据供:“那上本的话,是你妹夫张继尧对我讲的,就是他讲的孔明碑。我解说不出来,还要你写出来,你怎么赖呢?”

      据何献图又供:“那孔明碑的话,犯生实没有听见,若说犯生写的,有什么凭据?至上本的话,实在是陈帝西说的,并不是犯生妹夫张继尧讲的。随刑讯陈帝西,据供:“若提到张继尧不认,小的情愿与他对夹”等语。

      臣查逆贼曾静在京所供,陈象侯、何立忠传闻之言,均出堪舆陈帝西之口,及讯现犯何立忠,及供出之何献图,亦称陈帝西告知。是陈帝西实系传言要犯,经臣反复开导,诘其传自何处?得自何人?据供实系张继尧传说。臣恐狡饰仇诬,当经刑讯,该犯坚供必俟张继尧到案对质着落。除现在密提张继尧,并追取抄录孔明碑文到日,质审明确,再行具奏外,所有讯取犯供情,合先缮折奏闻。至奉查雍正五年五六月内,经过衡州官犯,臣即密查。是年五月二十二日,兵部递过人犯一名达色;六月初四日,兵部递过人犯一名蔡登科。臣恐五六月前后尚有遗漏,遵又细查,是年四月初七日,兵部递过人犯一名马守柱;七月初十日,兵部递过人犯二名耿桑格、六格,太监一名吴守义;七月二十四日,兵部递过太监一名霍成。俱系发往广西之犯。其原文内止有人犯、太监名色,并无官犯字样。臣复密行署衡州府知府杨浚、副将崔起潜查复无异。当即密行知会广西抚臣金在案,理合一并奏闻。伏乞皇上睿鉴。朱批:你地方上百姓如此风习,而不能觉知,而不肯奏闻。他处发觉,特命钦差来究审,而又不能将此等一类匪物究出。今从京指名交与你数人审究,原为恐奸民闻风远扬,方着你就近作速设法诱问。今但将此已经问出口供而令彼此推卸,耽延时日,总不能体察其出之谁口,亦可谓才德兼全,忠诚任事之巡抚矣。此干人犯自然亦解京审问者,再究问出他犯,自然亦在你地方上,但必将有名人犯一一交出方可。

      二、臣下的确夙夜兢兢,稽察办案

      编者按:上一封奏折,雍正在批语中对王国栋作了严厉训斥,使王国栋不能不作一番检查。但王国栋必竟缺少才干,自己无法审结此案,只好委托下属去分头审讯,这更引起雍正不满,在本奏折中夹批了“胡说,溺职之极!”这里,已伏下了雍正决心要撤换王国栋的想法。所以在奏折后朱批中,没给王国栋任何具体指示。

      臣王国栋谨奏,为恭谢天恩,敬复朱批谕旨事。闰七月十八日,臣标把总刘万志恭捧皇上批回奏折到长沙,并赍软赐鲜荔枝一瓶。圣恩高厚,感刻难名。臣谨恭设香案,望阙叩头祗领讫,随捧读朱批。臣奏湖南雨水,及恭请陛见两折,均恭皇上详悉训诲,一一指示。臣庸愚下质,谬任封疆,仰荷圣恩深重,虽于甄别吏治,体恤民瘼,清厘钱粮,慎重刑罚之处,夙夜兢兢,稽察办理,而上之不能感召天和,下之不能潜消匪类,即自顾亦觉怀惭。因恩才庸任重,或得面承圣训,庶几有所遵循。兹蒙我皇上训旨详明,不惜千万言,勉臣振作鼓舞。臣跪读之下,醉醒梦觉,昭若发蒙。惟有整励精神,倍加奋迅,以求天人感召之本源,以副圣主委用之至意。

      皇上圣明,自有远鉴。至陈帝西传播流言一案,臣将得自何人之处,设法诱问。委曲开导,刑讯数次,总不能实供得自何人。复发按察司郭朝祚,护岳常道孙元,署长沙府知府杨辅臣分别研讯(朱批:胡说,溺职之极!)亦不能别指造言之人。业经录供,于闰七月初四日具折请旨在案,现候皇上批示遵行。按察司郭朝祚,臣即将所奉圣旨,详悉宣谕,伊甚恐惧战栗(朱批:此等负恩无知之人,恐惧战栗即可赦宥乎?),已遵旨遣人至大学士臣张廷玉处转奏。再,臣前奏丈勘复测田亩一折,蒙皇上朱批:似此实心任事之员,当引朕旨,察其等次,题请议叙,以示鼓励,钦此。臣查湖南清查欺隐田亩,如系额内者,向例不清议叙;额外者,照例附请。今沅陵、辰溪、黔阳、攸县、安仁五县,俱系额内,惟酃县田亩除足额外,又查出额外垦熟田地六十六顷零。经臣于原题案内,将酃县知县刘朝佑,委勘之原任澧州知州黄炎附请议叙,已准。部复照例各准其纪录二次,奏旨俞允钦遵在案。合并附折奏闻,臣不胜感激悚惶之至。谨奏。

      朱批:览。

      三、风水先生摇唇鼓舌,祸从口出

    (奏折中重复抄录了雍正对王国栋审案的大段批评。王国栋也自知职位不稳,所以又抓紧审讯陈帝西,才算使陈帝西承认谣言出于自己之口,但又说是听路人所言,是否真实,则难以知道。王国栋未来得及禀报,又接到将陈帝西押解进京的通知。在这封奏折上报不久,王国栋即被免职)

      臣王国栋谨奏,为遵旨复讯事。雍正七年九月初六日,准兵部火牌,递到怡亲王等奉上谕:“湖南巡抚王国栋奏称,曾静在京供出陈象侯、何立忠转述陈帝西传说流言一案。审讯陈象侯、何立忠,供出何献图。据何献图供,得之陈帝西。及究问陈帝西,陈帝西又供出得之张继尧,以何献图为证。刑讯张继尧、何献图,皆呼冤不认。又陈帝西供出抄录孔明碑文,曾与何知来、何纯忠看过。提审茫无确据,显系陈帝西捏造。既经众证明白,难容狡赖。应否将陈帝西解京,一并拟结等语。“从前令尔等寄信与王国栋,令其将何立忠、陈象侯、陈帝西等,细讯所传之语本于何处。如伊等不肯承认,可委曲开导。尔等不过传说之人,但将传自何处,得自何人说出,则尔等皆系无罪之人,何苦为人隐讳,以身试法?如此劝谕,犹不实供,则用刑讯,刑讯犹不承认,则解京与曾静对质。

      今该抚讯问陈象侯、何立忠二人,俱称闻自何献图,得之陈帝西。何献图供亦相等。又究陈帝西,则供谏议碑文,系张继尧说的。是陈帝西已经自认传说流言,与曾静所供无异。更无再与曾静对质之处,何必又请将陈帝西解京?至陈帝西所供之张继尧及何知来、何纯忠等,该抚既称刑讯,张继尧呼冤不认,何知来等家中并无抄录碑文,显属陈帝西捏造。“则该抚应将陈帝西委曲开导,令其悔悟感激,则自必将传言之实,由何处何人招出。乃王国栋既不将陈帝西详悉晓谕,使之感悟,吐露实情,而但将扳出之张继尧加以刑鞠,不知王国栋出自何心?况陈帝西将孔明碑文烂熟胸中,随口背出,此决非陈帝西临时造作之语,其言必有所本。即此,可以推求其他流言之所自来。而王国栋先用严刑,讯究诬扳之人,刑讯不得,遂请将陈帝西解京,以卸彼地方之责。”

      “从前杭奕禄在湖广时,既不能详悉推求,是以特降旨令王国栋查讫。而王国栋又复草率,希图完结如此。有凭有据之事,尚不肯细心推究,以尽根株,设地方有疑难之事,则将作何办理?王国栋残为溺职。着王国栋再行详讯,务必追出传言之人,则此事方可归着。“又前令王国栋将雍正五年五、六月间,衡州路上解过犯官留心察访,王国栋亦未复奏。令其一并确查,具奏等因到臣,钦此。”

      臣于文闱竣后,复传陈帝西,几经询问,供吐游移。臣恐该犯乡愚畏罪,适刘之珩等奉旨释放回籍,臣即令刘之珩等将皇上宽大弘仁,当面逐为宣布,并又多方委曲开导。据陈帝西供:“前年八月初间,小的奉母亲的命,往衡州买绸子,走到地名唐堡司,是条大路,有个凉亭,小的走得吃力。在那里息息足,买茶吃。只见有四个长大汉子,还有一个挑担的,是走道儿的光景,身上都穿着马褂子,口里说的是官话,像京里内旗人模样。他们自己伙里,在那边讲什么岳老爷上了谏本,不知避讳,恐怕不便,内中一个人说,皇上竟不定他的罪,反加了他的官。因那挑担的来问小人要茶吃,小的随问他,你们是到那里去的?他说往城里去。那时路上偶然撞见,不知他是什么人,又不曾问他姓名,恐其着在小的身上要人,所以从前不敢供出。其实这句话,实在是道听途说的,就是小的告诉何献图,也讲是听见人说,若果向小人说的人,如今可以指得出姓名,其时小的又不晓得有今日的事,怎么不在何献图面前就讲是某个说的呢?

      至于那碑文,是前年九月初一,小的在衡州,去买鼎锅,在同年桥地方,见有许多人攒着一个背胡芦的道人,白发长须,约有九十多岁,据他讲有一百岁了。他招牌上写着云水道人,善观气色;又有一张诗句贴在桥上,说是什么孔明碑文。那时看相的人也多,要八文钱一相,小的也出了八文钱,相了一相。已往的事,有些对证。他自己说是四川来的,小的因识得几个字,就把那碑文看了几遍,记在肚里,也不知那诗句讲的是什么话。因小的从前病在何献图家,他郎舅说要缠绕,将小的用草荐裹了,逐出门外;又因何献图将小的对他说的话告诉别人,以致今日有这样事,所以怀恨,扯着他郎舅两人是正。如今小的供的都是实情,并没有半句假话”等语。

      正在具折奏复间,又准大学士公马尔赛等札,开前巡抚奏请,将陈帝西解京拟结。奉旨以陈帝西并未供出传言之人,王国栋不能详悉推求,但请解京,希图草率完结,务令再行详讯,追出传言之人,则此事方可归着,钦此。写字寄与巡抚在案。今在京有与陈帝西质问之处,我等遵旨再寄前来,巡抚可将陈帝西确讯取供,即将陈帝西并陈象侯、何立忠三人,遴员解送来京。臣复钦遵,详加讯问,坚称此番所说实系正情,并无捏造饰除。经遵旨将陈帝西、陈象侯、何立忠三人,遴委醴陵县典史陈继祖,于雍正七年九月二十八日,自长沙起程,管押解送刑部查收外,合将复讯供情再行缮折奏闻。至过衡犯官,随即密查,雍正五年五、六月内,递过军犯达色、蔡登科,臣恐前后尚有遗漏,又细查四、七两月,递过军犯马守柱、耿桑格、六格,太监吴守义、霍成等,姓名于六月二十九日备叙奏明在案,合并陈明,谨遣臣标千总宋启相恭赍奏闻。

    四、有人混水摸鱼,竟想诬告得赏

      (曾静一案,牵扯数省,到处追查余党。便有人想从告密中获得奖赏,而捕风捉影,任意诬告。王国栋未详察,便奏报上去。此折上奏后不数日,王即被免职)

      臣王国栋、臣李徽谨奏,为奏复事。本年九月二十五日,臣抚标下把总刘万志,恭捧批回奏折到省,臣等跪接开读。会奏周楠呈首袁炽与曾静交往一折,蒙皇上朱批:“讯问曾静,并不识此人,况陈学松等姓名,亦皆一人不知,可将周楠诬捏情节究审为何起见,亦不可严用刑具。袁炽可释放,此案无可究处。钦此。”

      臣等随将袁炽当堂释放,并提周楠复讯。据供:“小的原不认得袁炽,前因听见这话,一点忠心,就出首了,并没有心要害,并只想出首了,皇上自然说我好,并有加恩之处,并不为别的起见”等语。反覆研讯,别无异辞。臣等备查,周楠原供往滇之杨天佩等三犯,先经行据郴州永兴县细加察访,挨查烟户册内,并无其人,出有印结在案。惟传言之张凤一犯,现在移查广东未复,而既经部臣讯明,曾静未与袁炽认识,其余各犯,亦皆一人不知,自应遵旨,概予免究。其周楠诬捏之处,据供妄想皇恩,并无别故。可否俯念该犯异乡愚民,无知犯法,一并从宽,递回原籍安插,毋许出外滋事,以结斯案。臣等未敢擅便,理合缮折奏复,仰乞皇上睿裁批示遵行。

      雍正上谕:仁君何以要对弥天重犯网开一面

      雍正七年十月初六日,怡亲王、大学士、九卿、翰詹科道等,遵旨讯问曾静,合词公奏,将曾静、张熙照大逆不道律,即行正法。上谕乾清宫,召入诸臣等,并令李绂随入。谕曰:“今日诸臣合词请诛曾静、张熙。伊等大逆不道,实从古史册所未有,以情罪论之,万无可赦。但朕之不行诛戮者,实有隐衷,上年曾静之徒张熙,诡名投书与岳钟琪。岳钟琪仓猝之间,忿怒惊惶,不及筹算,即邀巡抚西琳、臬司硕色,坐于密室,将张熙严加根究,问其指使之人,张熙不肯供出真实姓名,旋即加以刑讯,而张熙甘死不吐,岳钟琪无可如何,越二三日,百计曲诱,许以同谋,迎聘伊师,与之盟神设誓,张熙始将姓名一一供出。彼时岳钟琪具奏前来,朕披览之下,为之动容。岳钟琪诚心为国家发奸摘伏。假若朕身曾与人盟神设誓,则今日亦不得不委曲,以期无负前言。朕洞鉴岳钟琪之心,若不视为一体,实所不忍。况曾静等僻处乡村,为流言所惑,其捏造谤言之人,实系阿其那、塞思黑门下之凶徒、太监等。因犯罪发遣广西,心怀怨忿,造作恶语,一路流传,今已得其实据。若非因曾静之事,则谣言流布,朕何由闻之,为之明白剖晰,俾家喻而户晓耶?且从来国家之法,原以惩一儆百,如曾静等之悖逆,谅宇宙内断无第二人,即后世亦可断其必无有与之比者。何必存惩一儆百之见,可以宽宥其罪,并非博宽大之名而废法也。一切朕另有谕旨。

      江苏巡抚尹继善奏折冒名王澍传播谣言的犯人

      (曾静招供出传播悖逆言论的犯人。而且供出梦见自己的同族人告诉他说,那人姓邓等话。江苏巡抚便依此追查,无结果)

    臣尹继善谨奏:臣于淮安,路遇刑部侍郎臣杭奕禄恭传谕旨,命臣等访拿曾静供出诡名王澍播散流言之人,并将图像交臣。窃思逆贼曾静,僻处乡野,敢于逆天悖理,皆由奸邪党羽造言四布,凡在人类者,闻之无不切齿痛心。臣现在多方设法密访查拿。再杭奕禄途中盘问曾静,伊又记诡名王澍之人曾言,在潘宗洛湖南学差任内,看过文字。臣查潘宗洛,原籍常州府宜兴县,访有伊孙潘文熙在家。臣着人将潘文熙并当日历任跟随潘宗洛之家人,唤至署中,称访延慕友,令将伊祖学院、巡抚并历任内所清幕友及教书看文字之人,姓名、年岁、相貌、住址一一列出,现在逐名密访。再,臣与杭奕禄淮安相见是夜,曾静梦回伊家,族人曾天祥向其说那人姓邓,在王澍家中教过书,是湖北人,兄弟曾又思在兴谷洞地方,知他跟底等语。杭奕禄到苏将此语向臣说知,臣思梦中之语虽难凭信,但如此罪大恶极之人,天理昭彰,无不败露,或者由此跟寻而得亦未可定。臣因遣人至无锡,寻见原任给事中王澍细问,曾在伊家教书往来者并无姓邓,亦无湖广之人。开出处馆数人,其年纪相貌俱不相同。但曾静既称梦中见曾天祥,告以其人姓邓,系湖北人声口,曾又思在兴谷洞知其底里,恐非无因。臣现在照图书像密札知会湖南巡抚赵弘恩,湖北巡抚费金吾,令其就近查询密访,并探兴谷洞地方踪迹。臣日夜筹度,展转于心,恨不能一时就获,以抒愤懑,不敢以为梦语而忽之也。谨将奉到密旨,遵行缘由,先行奏闻,谨奏。雍正八年二月初三日。

    朱批:览。但梦寐之语,何必如此认真也。

      浙江总督李卫奏折在浙江继续查访逆党情况

      (对曾静一案审讯已告一段落,雍正仍嫌供出的犯人太少。因又命令杭奕禄秘密带领曾静去浙江,企图指认浙江逆党,但无结果,因此,浙江总督李卫又派官兵将曾静押往湖南继续指认逆党。)

    浙江总督管巡抚事,驻扎杭州,在任守制臣李卫谨奏:为钦奉上谕事。雍正八年正月二十三日,钦差刑部左侍郎杭奕禄,密带曾静并悖逆妄人图像到杭,向臣宣示密谕,跪领钦遵。伏查此辈棍徒,造作讹言,往来煽惑,实可痛恨,断难容其漏网。臣细思江浙好事悖谬之人,莫过于现在拿获之甘凤池等各犯,诚恐其中或有在内因,将依稀仿佛年貌相近者,密令认识,逗问语音,皆不相像。据称江南稍有影响。杭奕禄回江之日,会同江南督抚二臣,再为推求。臣仍当加意留心,设法访察,不敢略有懈怠宣露。至臣前见曾静逆恶妄言,实深忿激,恨不能食肉寝皮,以抒公义。及观其补貌语言,乃系鄙陋不堪,甚属平常者,较浙省现获之陆同庵,行径执谬,大概相似。与其从前作为,迥不相同。乃知实属天地祖宗之灵,借此妄人以昭显千古是非邪正之别,而使天下无不咸知造言生事之徒,共相儆戒,诚非偶然也。今笔帖式杭嵩安,已密押该犯于正月二十九日起行,前往湖南。臣专派外委把总吴居功,带兵四名,宽裕发给盘费,随同护解至彼。并沿途拨兵六名,交替接送去讫。至极恶吕留良家口子孙,于臣旋浙之时,即已密令府县查点清楚,分别大小,监禁看守。迨此番回任后,又将其父子坟冢,严饬文武,派拨人役,加谨巡查,不敢疏忽。理合一并奏明,伏乞皇上睿鉴。为此顺交臣权外委把总黄文达,自备脚力赍进,谨奏。雍正八年二月初八日。

    朱批:览。曾静之感服情形如何?

      陕西总督岳钟琪奏折《大义觉迷录》一书的确是觉世道之宏模,指迷途之宝训

      (雍正亲自编定的《大义觉迷录》刻印出来后,颁发全国,使“曾静差徒投书案”告一段落。岳钟琪身为第一个接触此案的人,自然必须表态歌颂一番。才写了此奏章。最后又附上一笔,趁机交待了他在审问张熙时,曾假意称赞过屈大均的文章。这依然是为了怕以后被抓住辫子)

      宁远大将军,臣岳钟琪谨奏

      为圣德光昭,群迷觉悟,臣庆切于中,敬抒虔悃,仰祈睿鉴事。雍正八年三月十九日,准兵部咨送内阁,交出奉旨刊刻《大义觉迷录》二部到臣,臣恭设香案,望阙叩头。跪读圣谕,敬谨详绎,仰见睿照所临,无微不至,圣泽所被,万类咸沾,大义聿昭,愚蒙共启。此诚为觉世道之宏模,指迷途之宝训。析理义于至精至微;开聋聩于极顽极冥。稽之典、谟、训、诰实未有若此之深切著明者也。逆兽曾静,蠢顽不灵,恣肆狂悖,雍正六年遣其徒张熙持书至臣,其中词语丧心病狂,狼嗥犬吠,臣阅未竟,竖发裂眦,痛心切齿,畏欲食其肉而寝其皮,以消忿恨。遂将张熙严加刑讯,期于逆党全获,寸磔族诛,早申国宪,以蔽厥辜,讵逆恶张熙任刑不吐。臣是时忽怦然心动,以为若不设法引诱,则逆踪党恶究难必得。然此际臣心忽动之机,若有不自知其然而然者。至逆恶张熙于严刑夹讯之后,不辨臣设誓之诚伪,欣然将逆谋奸党,历历指供,悉诉其情,无稍遗遁。由今思之,诡谲如逆恶张熙,既能坚忍重刑,而不能不为假词所诱者,冥冥之中,如有鬼神若或使之而然也。随得将逆恶张熙所供逆谋,并逆兽曾静住址及所投逆书,密陈圣鉴。

      夫以逆兽曾静等,生逢盛世,戴高履厚,始而心服大奸大逆禽兽不若之吕留良讲义横蓄于心,继而又听信悖逆之阿其那、塞思黑等逆党,捏造全无影响之流言,肆加毁谤,声载成书。若非逆兽自为败露,不几以讹传讹,妄为扬播,迷惑人心,流毒无已。在逆兽曾静之罪恶,已通于天。而臣当时之假词谓诱,并逆恶张熙受刑之后,旋即信而不疑,悉吐实情,实乃神人共愤,不使奸谋逆恶暂容于天地之间。此种情事,有非思虑之所得,而预定蓄念之所得预防。良由我皇上深仁厚德,感格天祖,是以阴夺其魄,遣使投书,奸谋毕露,此即逆静今日所谓从前投书,自速天诛,乃今痛自悔恨,实有若或使之莫之为而为也。我皇上如天好生,以逆兽曾静僻处穷乡,罔知大义,先由误信逆恶吕留良邪说,继又妄信逆党道路诬谤之言,遂使迷而不语。乃远引“宥过无大”之蕴义,赦其狂背,予以自新。似此张为幻,悖恶凶头,实属千古未有之大憝;而我皇上宏仁大度,特宥无知,更属千古所未见之旷典。即蠢顽如逆静等醉生梦死之禽兽,尚有一线之明,感恩戴德,痛首痛心,自怨自艾,深知从前轻信邪说谣言之误。臣细阅逆兽曾静等全供,益信道盛德至,化及豚鱼,所感甚深,为效甚速;且我朝列圣相承,积功累仁,天与人归,抚有中夏,光明正大,远迈商周。自生民以来,得天下之正,未有如我朝之盛者也。

      我皇上乘乾首出,仁覆寰区,复念四海苍生,万一尚有为邪说所惑,是以万几之余,剖析圣贤之经义,以开万古群蒙,疏解至三,精详明切,特命刊刻,布告中外。俾茅檐屋,均知尊君亲上之常经;僻壤遐陬,共识践土食毛之大义。今现在之冥顽,既以趋义而归仁。被惑自愚蒙,自必格心而向化。臣谨遍谕阖营,敬宣圣德,官兵人等,莫不叩首欢呼,忭舞称庆。而臣之微悃愚忠,睹兹宝录,亦得稍为表白,永矢赤忱,以仰报皇上高厚洪恩于万一而已。臣感切于中,未由自己,敬抒愚悃,缮摺恭奏。再臣细阅逆恶张熙所供,臣言屈温山一段情节,缘比时逆恶张熙曾言,闻得广东有屈温山者,诗文甚佳,亦未出仕,并云惜未见其文集。其时臣正在诱之使言,随亦云其著作大意,仿佛与吕留良及而师曾静之意略同。其实屈温山之为人如何?并伊之诗篇文集,不唯臣从前并未寓目,抑且并未闻人说及,其书之有无邪说(朱批:此一语非卿提起,朕实未留意,而廷臣亦未有言及者。)无由而知。是时臣之所以信口称道者,盖欲探逆恶之实情,使之深信不疑,直言无隐也,理合一并奏明,伏乞皇上睿鉴。为此谨奏。雍正八年三月二十六日。

      朱批:览。

      浙江总督李卫奏折谎供引起的草木皆兵、虚惊闹剧

      (这个奏折是曾静案的余波,记录了一件十分可笑的事。杭州一个监生陈铨,在群众中吹嘘自己认识张熙,以夸耀、抬高自家身份,但被官府风闻而抓起来,又乱供与江西人吕东阳有往来。浙江总督遂通知江西省,请捕送吕东阳到案。结果江西错抓了一个叫吕学一的人,吕学一怕受刑打,无中生有地供出直隶、山东、江苏等省的同党,于是江西便发文照会各省,大加搜捕。后来吕学一被押送杭州,才审出全是他胡编乱供,将其释放;又通知江西火速撤销往各省搜捕同案犯的公文,演了一出虚惊闹剧。从这里也可看出,清政府各级官员,对吕留良、曾静一案,已紧张到草木皆兵的地步,以及在办案审问中的诸多弊端。)

      浙江总督管巡抚事,驻扎杭州在任守制,臣李卫谨奏

      为奏闻事。窃臣于上年冬月,访有杭城仁和县监生陈铨,少年狂诞,在外扬言曾与湖广逆犯张熙来浙时认识,并同党恶严赓臣,投拜门生,讲论诗文、自幸不曾扳入案内等语,当即拿究审问。又据供出,曾与江西人看风水之吕东阳,于杭州书坊相遇,因起大六壬数,彼此接谈,许以跟随同行,每月可得帮给银三两,尚有札付等语,随查吕东阳踪迹,已于雍正三年回归原籍。因陈铨供内有札付狂妄之语,不可不为究讯明白。一面移咨江西巡抚查缉解浙质对,一面再将陈铨细加研鞠。旋又改供吕东阳系浙江台州人方贤济冒名假称,亦在省城堪舆生理,错认为东阳。又复行提方贤济,于今年三月下旬到案,三面质讯,曾与陈铨会面起过六壬,彼此较量深浅争论是实,并无许银及札付之事,讯之陈铨,自认谎供。其熟识张熙等之处,反复推鞠,均属支离,并称曾静亦经到杭州拜望见过等语,更为荒唐,乃系好作不根之谈,造言生事,哄骗愚民,假做体面狂徒,随将陈铨咨革监生,从重枷责,仅留余生,交与伊父亲邻取保管束,永不许出门。正在备文移咨江西间,即于四月二十二日,准江西署抚臣谢,咨解吕学一即吕东阳到浙。臣查其在江西所供陈铨,年貌籍贯,及京师相遇情节,俱不符合。随将解到之吕东阳更换衣服,同别案犯及衙役等十余人间杂并跪。吊同陈铨及吕东阳当在杭寓主逐一识认,并非其人。

      讯据吕学一供称,实系打造银匠生理,招牌上有东阳吕记,并非名号。向在保定府涞水县开店,从没有到过浙江,且目未识丁,不会风水。其江西所在京与陈铨结盟,吃血酒,约会船只下海及供出各省田开玉等姓名,俱系畏刑信口妄指,毫无影响。诘其因何认供凿凿之故。据称彼地要严审,若不妄供,难逃夹讯。我族人说:“你到浙江,自然明白,何必先自受苦”等语。隔别研讯,实属误拿。查臣前咨,止于将吕东阳获解送浙质对,并未令其就近讯供,彼处既无活口来历,何从究审,自有错误。但因江南匪类正在浙省发觉,江西州县官疑为此件,奉公过甚所致。幸到杭不曾动刑,即与剖明省释。臣捐给盘费,交原解官带回江西,并咨明署抚臣谢,飞速行文直隶、山东、山西、江南、广东各省,将吕学一妄供之姓名,毋庸查拿,以免张皇滋扰。去后今已准有谢回咨,合将情由奏明。再,浙江各处地方安静,惟海盐县近日后有愚民,以“糍粑教”名目,聚会拜忏。恐其蛊惑人心,经臣访拿,为首及附和党羽等十余名,交杭嘉湖道细加严审,尚系乡愚初起,无别项为匪情,故现在分别重惩枷责,仅留余生,交保管束,朔望点卯不时稽察,以杜颓风。

      又,钱塘县知县李惺,缉得游方匪僧裕安、上乘等,讯出同伙甚多,皆系马流和尚,结党为匪,各处云游挂单,遇孤村静室,庵庙人少者,即用强行劫,或以蒙汗药投入饮食之中迷人,取其衣资,更有损害性命者。臣随拣造弁员,为发给路费,押带匪僧作眼,分头认缉,先后又获同党静参等二十余犯。所供江浙两省窃劫,历年为害,踪迹莫定。按址行查,皆属不虚。而乡僻僧尼弱门,止于失物未致伤命者,从前竟不赴官呈报,今现在逐案究明,定拟具题。此外,多党仍再上紧侦拿,断不使其漏网贻患。又,本年五月三十日,据臣差往江南巡缉私盐盗匪弁员禀称,祟明县花沙海稍等处民人,忽率众鸣锣到新开河市镇强勒各铺户,关闭店面,喧闹地方等情。随据苏松镇兵官施廷专呈,同前。由臣一面严批查拿首犯,解散余党,一面密加察访。因祟明佃户向夏冬二季交纳业主田租之外,尚有轿钱、折饭、家人杂费等项。经知县祖秉震于上年具详禁革,立碑文内分晰未明,刁民藉以为题,欲将夏季麦租不还。先写匿名谤纸粘贴。指称取租富户施大受与新任镇臣施廷专联宗,倚势收等语,聚众多人逼迫店户罢市,甚至殴辱巡检。

      虽有营县拿有朱锁等四、五人到案,尚有写匿名帖之夏君钦等棍脱逃未获。该县欲为掩饰,详文含糊,未将实情叙明,臣查崇明地居海外,各沙孤悬错杂,民情向称刁悍,今欲借端图赖额内一季正租,辄敢粘贴匿名,聚众妄行,恶风断不可长。现在批行江苏按察司,苏松太道严查确情,会同营员勒获为首鼓众要犯。咨会江省督抚二臣听其究审定拟,分别严处示儆外,事关海疆要地,棍徒聚众,合并附摺奏明,伏乞圣鉴。谨奏。雍正八年六月初六日。

      朱批:是施廷专已有旨着汝调补矣。朕意李灿似宜此任,若浙省镇臣调用有难行处,只管暂委员署理崇明。据实折奏以闻。

      湖南巡抚赵弘恩等奏折湖南人为什么非要将曾静沉潭溺死

      (曾静由反清转向多方吹捧雍正和清朝的统治,因被派往湖南“观风整俗使”衙门听用,向民众宣扬雍正盛德。曾静到湖南不久,长沙城内便出现了传单,内容是约定一批百姓要共同抓住曾静,投入深潭溺死。传单使湖南地方官员大为紧张,不得不奏报)

      湖南巡抚臣赵弘恩,观风整俗使臣李徽谨奏

    为奏请圣训事。八月十一日布政使杨永斌、按察使张灿面禀:省城贴有传单,约于十九日共执曾静沉潭。随据长沙县知县单含,揭送传单到臣。臣即出示晓谕,严行禁止。讫十四日,荷蒙圣恩特赦,将曾静切加训束。臣等当将曾静传赴公所,宣扬圣旨,明切教导,曾静惟俯首称谢。臣等窃思,曾静来楚,本欲令其宣扬圣德,化导愚民,今据该司等公禀前来,诚恐草野愚民共生义愤,无益人心,反滋事端。臣等未敢擅便,臣谨会同观风整俗使臣李徽,据实奏闻,并抄录传单呈览。伏讫圣主训示遵行。臣赵弘恩、李徽谨奏。雍正八年九月十三日。

    朱批:览。另有旨谕。

      雍正上谕对吕留良及家属最后应如何判决

      (这道谕旨是对吕留良及其家属的判决,对吕留良的著作也下令焚毁。但雍正仍惧怕吕留良思想影响仍在,所以在这篇谕旨中又用了一半篇幅去讲道理。最后,还下令让全国各级学校的秀才、监生,人人对吕留良的定罪恰当与否表态,并要写出书面具结。表面上讲可以各抒己见,提出异议,实际上是对不同意见的镇压。)

      雍正八年十二月十九日,刑部等衙门会议:吕留良身列本朝子衿,妄附前代仪宾之裔,追思旧国,诋毁朝章,造作恶言,妄行记撰,猖狂悖乱,罪恶滔天。甚至敢将圣祖仁皇帝诬蔑指斥,悖犯已极,臣等莫不切齿痛心,允宜按律定罪,显加诛灭,以扶人纪,以绝乱源。吕留良应尸枭示,财产入官。伊子吕葆中,曾叨仕籍,世恶相济,前此一念和尚谋叛案内连及,吕葆中逆迹彰著,亦应尸枭示。吕毅中应斩立决,伊子孙并兄弟伯叔,兄弟之子及女,妻妾姊妹、子之妻妾,应行文该督查明,按律完结。并行知各省、府、州、县,将大逆吕留良所著文集、诗集、日记及他书已经刊刷及抄录者,于文到日出示遍谕,勒限一年,尽行焚毁。得旨:吕留良怀悖逆不臣之心,假托先儒糟粕余论,欺世盗名。以致人心陷溺,为其迷惑已久,愚昧之徒,称为夫子,几谓其驾乎程朱之上,甚至奉祀书院以尊崇之。今其谋逆秽行无不败露,天下焉有丧灭伦常,犹得托名于理学之林,而著作尚有可取者乎?今内外臣工等合词陈奏,朕思吕留良之罪,从前谕旨甚明,在天理国法万无可宽。

      然天下至广,读书之人至多,或者千万人中,尚有其人谓吕留良之罪,不至于极典者。朕慎重刑罚,诛奸锄叛,必合乎人心之大公,以昭“与众弃之”之义。至其所著书籍,臣工等奏请焚毁,复思吕留良不过盗袭古人之绪余,以肆其狂诞空浮之论。有识见者,固不待言,即当日被其愚惑者,今亦自然窥其底里,而嗤笑之也。况其人品心术若此,其盲更何可取,今若焚灭其迹,假使毁弃不尽,则事属空文,倘毁其尽绝,则将来未见其书者,转疑伊之著述,实能阐发圣贤精蕴,而惜其不可复得也。即吕留良书籍中有大逆不道之语,伏思我圣祖仁皇帝圣德神功,际天蟠地,如日月之照临宇宙,万古为昭,岂吕留良所能亏蔽于万一乎?著将廷臣所议,行文直省学政,遍行询问各学生监等,应否照议,将吕留良、吕葆中尸枭示,伊子吕毅中斩决,甚所著文集、诗集、日记及他书,已经刊刻刷印暨抄录者,尽行燔毁之处,著秉公据实,作速取具该生监等结状具奏。其有独抒己见者,令其自行具呈该学政,一并具奏,不可阻挠隐匿,俟具奏到日,再降谕旨。

      安徽巡抚程元章奏张秀公等供词南方几省与王朝有关的人仍要大力追查

      (对曾静的审问虽已结束,《大义觉迷录》也刻印颁布全国了。但由于曾静供词中供出过有冒名王澍的人(同名王澍任给事中,已查出与此案无关,见附录江苏巡抚尹继善奏折),在湖南散布了一些朝廷内幕,故仍不甘心,继续下令南方几省大力追查。虽已证实这王澍已死,还要追查其家属下落,进一步扩大,结果以讹传讹,捕风捉影,便牵连了大批不相干的人。)

      安徽巡抚,臣程元章谨奏:
      今将审问张秀公等供词缘由开陈于后。

      问:“张秀公,你今年多少年纪,弟兄几个,有几个伯叔,你父亲张应星是哪一年到耒阳的任,哪一年病故,你必定常在任所的,据实供来。”

      供:“犯今年三十七岁了,弟兄原有四个。大哥早死了。弟兆鹏自雍正三年往广东谋生,至今杳无音信,不知存亡。还有幼弟兆凤,今年十五岁现在家里。父亲是康熙四十八年内到任,雍正元年病故,在任共十五年。犯生跟随到任时年纪只有十四岁,后来也常回家,也进过京,也到过广东,约算在耒阳不过五六年。前在臬司讯供已经供明。惟雍正元年犯生在家,到六月闻讣,继赶到耒阳的,现在孙仪周等可问。”

      又问:“你父亲是何年入学、怎么得官,死时有多少年纪呢?”

      供:“父亲进学时候,犯生还不曾出世,只听说是康熙三十二三年间,挈眷到浙江糊口,在颜学院任内商籍进学的。后于康熙四十年四月内,由杭州搬家回籍,不及一月就进京去,四十一年考取景山教习,四十七年报满,就选授耒阳县,冬底出京,四十八年四月到任,后来病故,时年五十四岁了。”

      又问:“你父亲在任十五年,你又常随任所,衙门中宾朋往来,你自然知道,曾有一个王澍,当日到过耒阳,与你父亲交好,因何县府司审你,你狡供怎么没有个王澍的影子呢?”

      供:“父亲衙内往来亲朋,犯生都是晓得的,若说王澍这个人,实在一点影子也没有,教犯生怎么供得出?”

      又问:“雍正元年四月里,王澍曾写书札寄你父亲,教祝融庵的僧人弥增,到你父亲衙门里去取五十两银子,你怎说不知王澍的影子呢?”

      供:“雍正元年四月间,犯生不在耒阳,但父亲衙门从没有个和尚弥增出入。犯生又细查过父亲日用银帐,元年上并没有这和尚弥增,拿着王澍的书札来取五十两银子的帐况。我父亲商籍进学,教习选官,是赤手空拳挣出来的,也没有亲朋帮衬,后来做官俭朴自守,死的时候尚且亏空了钱粮,那打抽丰的人来都没想头,若送五十两银子必是平素受过重恩的人,难道犯生还不知道。就是元年四月犯生不在耒阳衙门的,果有弥增取银子的事,他们犯不着隐瞒,况且取了五十两银子去。王澍既有字来,父亲必有字回答,只求咨查叫他们拿出回书来验就明白了。”

      又问:“现据僧人弥增在湖南供称,王澍曾说与你父亲同学,岂有你父亲同学的人,你倒不知道吗?”

      供:“如果与父亲同学,必是相好朋友,犯生是亲儿子,岂有不晓得的理。父亲实没有这个同学的人,只求咨查问弥增,是哪年上王澍与父亲同学,是在哪里同学。况前日在安庆府讯供,吩示王澍的年貌,说王澍于雍正二年死在桂东,时年纪有三十多岁。我父亲元年死的时候有五十四岁了,在杭州进学,年纪就有二十四五岁,计算起来,那时王澍不过几岁的小孩子,怎说与父亲同学?求详情。”

      又问:“同学之称不必定是同窗读书,才算同学,也有平日斯文相与,意气相投称同学的。你想你父亲平日文字相交,定有王澍这个人,及早供出,免得拖累。”

      供:“父亲平日文字相交,意气相投的人,犯生都知道,并没有王澍这个人,如今叫犯生如何凭空捏出个王澍来?”

      又问:“你父亲在杭州住了几年?又在京教习几年?他在外相与同学的人,必多来任所打抽丰,叙旧好,也是常事,就有王澍到耒阳衙门走动,你也无罪,快从头细想,据实供来。”

      供:“父亲到杭州才生了犯生,那几年犯生年少不记事,后在京教习,犯生跟在京读书。父亲相与的人从没有这个人。至于到任以后,非至亲没有到耒阳来的,那里有个王澎到衙门走动?犯生巴不得有个王澍,供出来就免拖累,只是千思万想没有这一个人,犯生也无可奈何了。”

      又问:“你这样狡供大错了,那湖广移来的口供,不但僧人弥增供你父亲与王澍同学,就是你父亲长随唐思,现在湖南把你父亲与王澍相与的实情都供出来了。还有王澍湖南相与的许多人,所供俱是一样,你还敢隐瞒么?”

      供:“这是死冤家对头了,和尚弥增,犯生不认得,唐思原叫唐诗,父亲衙里做裱褙,是有的,他若供出父亲与王澍同学,王澍在耒阳衙门行走,这是他诬扳了。湖南还有王澍相与的人,这样供的,只求同唐诗一起,咨提来与犯生对质,或把犯生解到湖南与他们对质,就见明白。”

      又问:“湖南的许多人,都供王澍是好夸才学,张狂古怪的人,或者王澍是他改换的姓名,你如今一时想不起来。现在王澍的图像在这里与你看,你要细细的想,你同乡亲友中可有这样像貌,这样性情的人?据实指出来,你就不受拖累了。”

      供:“犯生父亲的亲友并同乡认识的人,犯生照图像细想,实在没有这样形象,这样狂妄古怪的人,不敢捏供。”

      又问:“你今年三十多岁,也该晓得事体,这不过是要查问王澍的家属下落,只得问他相与的朋友。你看那湖南与王澍相与的人,供明实情就把他们放了。就是曾静那样弥天大罪的人,自知悔罪,供吐不讳,皇恩如天广大,尚且赦他,你若供出王澍实在下落,纵是你父亲在日与他相与,他的奸恶没有败露,你父亲也是不知情,无罪的人。你还怕甚么不说?你若到底含糊支饰,就要刑审,还要解到湖南,与王澍相与的人,并当日与王澍传帖的柬房门子,现在都要与你对质了。那时即说出实情来,你从前替奸人隐瞒,就是奸人党羽,就要问罪了。”

      供:“蒙这样这样谆切开导,皇恩如天广大。犯生若知有王澍,不将他实在下落供出来,就是鬼神也不容犯生的。况且供出来,犯生就有活命,不供出来,反要解往湖广对质,还要受刑拖累至死,犯生岂不知道?反情愿向死路上走?只是犯生晓得一点影子也好着想,如今一点影子也没有,叫犯生如何想起?况犯生供出表兄孙仪周来,我姑夫阖家人到犯生家吵闹,说犯生坏良心扳害他,恨入骨髓,如果有个王澍与父亲相与,孙仪周还不供出来,倒替犯生隐瞒,不受拖累么?况耒阳县有柬房有门子,有许多衙役。若王澍与父亲往来,又有个异言异服的和尚弥增,到衙门取银子,瞒得哪一个的眼,难道还查问不出来。况且弥增既代王澍取银子,必定与王澍相好,王澍方肯叫他到耒阳。他日亲日近的人,岂有不晓得这王澍的下落?湖南又有王澍相与的许多人,难道他们不知道王澍是何府何县的人?如何信口混供,捏出这些没着落的话来。犯生情愿与他质对。”

      又问:“唐思在湖南供他是徽州人,同你父亲读过书,府司审你,你如何说他是衡州人,并不识字呢?将来还要对质,你如何混说得。”

      供:“唐诗实在住在衡州,他兄弟唐俊,妹夫关弘道,外甥郁成,俱在衡州、湘潭等处住家。他是从康熙五十二年就在衙门裱褙字画,六十一年,他跟犯生回家走了一次。若是徽州人,只求行文到休宁县三十一都一图六甲十排之中,通县烟民册细查。如果他系徽州人,犯生的话都是假的,他连天地人三个字都写不出来。衙门记帐,都是打苏州马子,他怎说同父亲读过书的鬼话。”

      又问:“你父亲当日衙门,还有什么人帮同办事道,止你同你侄子张振蕃,和孙仪周、唐思么?”

      供:“我父亲在任十五年,同办事亲友长随也会死的,也有去的。后头父亲死了,又亏空了钱粮,他们也有逃走,欺瞒不得。”

      问:“张振蕃你今年多少年纪,你随祖父在耒阳任中时,可知道与你祖父相与的都是什么人,可有个王澎,时常往返。他曾叫和尚弥增,持字在衙门取过五十两银子,你可知道么?实供来。”

      供:“小的今年二十二岁,原在耒阳生的,到五岁上跟父母回家,第二年六岁,父亲死了,小的母亲在家里住。直到雍正元年,小的才十三岁,祖父差人叫小的到任上读书。二月里到了耒阳,祖父家训极严,终日关在学里读书,非初一十五,不许出来。就是家里事,一些不晓得,如何还晓得祖父相与的人?小的委实不知道甚么王澍,也不知道弥增和尚持书取银子的事。小的寡母在家,一贫如洗,一路来饭都没的吃,若知些影子,巴不得就说出来,好免拖累。只是不知道的人,就想一百年也想不出来了。”

      问:“你祖父任所用的人,除孙仪周和唐思外,还有几个,都是甚么姓名,实实供来。”

      供:“孙仪周是小的表叔,原在家里相熟的,唐思就不知道,只晓得有个唐诗,会裱画。问他讨些碎纸是有的。其余用的人,小的那时人事不知,又不管事,又不使用人,如何晓得。”

      问:“孙仪周,你在耒阳住过几年,王澍与你母舅往来相与,雍正元年四月内,王澍叫弥增和尚持字到衙门取五十两银子,你自然知情的,据实供来。”

      供:“小的是康熙六十一年六月内到耒阳,至雍正元年六月,母舅死了就回家来,并不曾见有个王澍。与母舅往来,那里有什么和尚取银子的事。”

      又问:“你愚了,你不过是张应星的外甥,帮他办事,他与王澍相与不相与,于你本不相干。你果知王澍踪迹,实说何妨,况这件事,是他张家的事,张秀公反把你扳出来受累,你何苦替他隐瞒,岂不枉受刑法,枉受拖累么?”

      供:“他家姓张,小的姓孙,今日张秀公丧良心扳害小的,家中父母吓病在床,存亡未知,小的与他成了切骨的仇恨,这事若有些影响,不等到今日,早直说了。为甚么受他的害,反替他隐瞒,求详情。”

      又问:“你不肯说出实情,自然是为亲戚的意思,要知道这件事,不过查问王澍的籍贯,你果知王澍的踪迹,供出来,根究出他的住址,连你母舅家也就脱然无累了。如执迷不吐实情,不但要受严刑,还要解往湖南质对,都要受累。反不是你为亲戚了,你想想,把实话说来。”

      供:“小的若知道王澍的住址踪迹,实说了就脱然无累,小的岂不知道?实在不晓得这个人,小的无从想起,今日被亲戚扳害,也是小的与张家前世冤业。”

      又问:“你母舅衙门还有甚么帮同办事的,把姓名一一供来。”

      供:“自六十一年至元年,小的在耒阳不过一年,母舅是个穷官,办事的人原少,自少的到了衙门,母舅就有亏空,从前的亲友长随,都散去了。”等情。各供在案。

      江苏巡抚尹继善奏折要继续对张应星的会客日记上的人逐加细问,一一根究

      (这篇奏折与安徽巡抚程元章的奏章一样,都是继续追查张应星与王澍的关系。这里又讲到得到张应星的会客日记,打算对所会之客一一根究)

    臣尹继善谨奏,为奏明事。臣先接大学士公马尔赛等,寄到奏复湖南抚臣赵弘恩查审奸人王澍一案,因跟随王澍之罗一奎供,王澍系江南人,行令臣等留心访察家属等因。臣在随处留心,密行查访外,查湖南抚臣原审供内,有僧人弥增供称:“王澍说与耒阳县知县张应星,曾在江南徽州同学,雍正元年王澍叫耒阳县人曾盛任代写一帖,要向张应星取银五十两”等语。据安庆按察司密提张应星之子张秀公、孙张振蕃,(和在耒阳任内当管事的张应星外甥孙仪周,押往安庆。抚臣程元章问供中,并没有查出王澍与张应星同学和借银子的事情,已经把问供的情况全部上奏。接皇上圣旨:“仍然遵照以前的谕旨行事。其中如果确实没有关系的,有的可令其保释,有的可在外边分散看守,不可使无辜的人长时间关在监牢内。总之,冤屈普通百姓和纵放匪人同样有罪,一定要秉公处理。钦此。”)

    接安徽抚臣密札知会到臣,此等紧要之案,臣未经亲讯,不敢放心,复亲提细问,据张秀公等供吐如前,再三开导,始据供有应星在任日记簿一本,复供出康熙六十一年雍正元年管宅门系秀公之侄张庆远,臣思王澍行踪诡秘,在湖南一带传说悖逆之言,自必改易姓名,既有应星会客日记,可从此根究。臣已密差妥人前往将日记簿提到,其所登记自康熙五十六年正月至雍正元年五月日行之事,所会之客,俱在其内。现在逐加细问,一一根究下落,密查踪迹。并提管宅门之张庆远,详加究讯外,合先奏明。谨奏。雍正九年十月初七日。

    朱批:览。

    (雍正鉴于吕留良的著述仍存在于世,所以批准了把朱轼等编的,批驳吕留良《四书讲义》的书,颁发到各地学宫)

      雍正九年十二月十六日谕,内阁逆贼吕留良,以批评时艺,托名讲义,今罪迹昭彰,普天共愤。内外臣工咸以罪犯私著之书急宜焚毁为请。朕以为,从来无悖逆之大儒,若因其人可诛而谓其书宜毁无论,毁之未必能尽。即毁之而绝无留遗天下,后世更何所据以辩其道学之真伪乎?以故毁书之议概未允行。顷者翰林顾成天奏称,吕留良所刊四书讲议,语录等书,浮浅鄙,毫无发明,宜敕学臣晓谕多士,勿惑於邪说,爰命在廷儒臣,详加检阅。兹据大学士朱轼等,放其讲义、语录逐条摘驳,纂辑成帙,呈请刊刻,遍颁学宫。朕以逆贼所犯者,朝廷之大法也。诸臣所驳者,章句之末学也。朕惟秉至公以执法,而于著书者之为醇为疵,与驳书者之或是,或非,悉听之天下之公论。后世之公评,朕皆置之不问也。大学士朱轼等既请刊刻,分布学宫,俾远近寡识之士子,不至溺于邪说。朕思此请亦属可行,姑从之,以俟天下后世之读书者。

      (雍正对曾静进行宽大处理,并让他到湖南观风整俗使衙门使用,利用他到处吹捧宣扬皇上圣德。引起社会上的不满,曾有传单要把曾静劫走,投入深潭溺死。曾静日子并不好过。因而他只好请假以购置家产为名,隐居躲避。这份奏章即是他假期期满,回到湖南观风整俗使衙门后,湖南主要官员向雍正及时报告的奏折)

      湖南巡抚臣赵弘恩、观风整俗使臣李徽谨奏,为奏闻事。查曾静系奉旨发到臣李徽衙门听用之人。曾静请假归家置产,臣等于去夏奏请圣裁。七月二十日接到朱批:“赏他一年假,期满仍着来汝处使用,奏闻候旨,钦此。”今曾静于八月二十二日期满到长,仍留臣李徽衙门使用。理合奏闻候旨,臣等谨奏。雍正十年九月初七日。

      雍正朱笔批示:览。

      (雍正下谕旨对吕留良进行开棺戮尸,并进行灭族。下令让全国所有学生“人人过关”表态,雍正以全国学生一致拥护来证明这个判决是公正至当的。此后,才下了这个谕旨,免去吕留良孙辈杀头之罪(其中有不少儿童))

      雍正十年十二月十二日谕内阁:吕留良治罪之案,前经法司、廷臣、翰詹科道及督抚、学政、藩臬、提镇等合词陈奏,请照大逆之例,以昭国宪。朕思天下读书之人甚多,或者千万人中,尚有其人谓吕留良之罪不至于极典者。又降旨令各省学臣遍行询问各学生监等,将应否照大逆治罪之处,取具该生结状具奏。其有独抒己见者,令自行具呈学臣为之转奏,不得阻挠隐匿。今据各省学臣奏称,所属读书生监,各具结状,咸谓吕留良父子之罪,罄竹难书,律以大逆不道,实为至当,并无一个有异词者。普天率士之公论如此,则国法岂容宽贷。吕留良、吕葆中供著戮尸枭示,吕毅中著改斩立决。其孙辈俱应即正典刑,朕以人数众多,心有不忍,著从宽免死,发遣宁古塔给与披甲人为奴。倘有顶替隐匿等弊,一经发觉,将浙省办理此案之官员与该犯一体治罪。吕留良之诗文书籍,不必销毁;其财产令浙江地方官变价充本省工程之用。

      (这一道谕旨,宣布了对吕留良的学生严鸿逵等人及其家族处理决定,使这件历时三年多的文字狱大案告一段落。但这份谕旨所涉及到人员,还只限于和吕留良有关的一小部分人。至于本书前边奏章所载的散布谣言的太监、犯官等人,均另有上谕处理)

      雍正十年十二月十七日,刑部等衙门议奏:逆贼严鸿逵枭獍性成,心怀叛逆,与吕留良党恶共济,诬捏妖言实,覆载所难容,为王法所不贷。严鸿逵应凌迟处死,已伏冥诛,应戮尸枭示。其祖父、父、子孙、兄弟及伯叔父兄弟之子,男十六岁以上,皆斩立决,男十五以下,及严鸿逵之母、女、妻、妾,子之妻妾,俱解部,给功臣之家为奴,财产入官。沈在宽传习吕留良、严鸿逵之邪说,猖狂悖乱,附会诋讥,允宜速正典刑凌迟处死。其嫡属等均照律治罪。又吕留良案内黄补庵,自称私淑门人,所作诗词,荒唐狂悖;车鼎丰、车鼎贲,刊刻逆书,往来契厚;孙用克阴相援结,周敬舆甘心附逆,私藏禁书。黄补庵应拟斩立决,妻妾子女给功臣之家为奴,父母、祖孙、兄弟流二千里。车鼎丰等俱拟斩监候。又吕留良案内被惑门徒房明畴、金子尚,应革去生员,杖一百,佥妻流三千里。陈祖陶、沈允怀、沈成之、董吕音、李天维、费定原、王立夫、施子由、沈斗山、沈惠候、沈林友,应革去教谕、举人、监生、生员,杖一百,徒三年。朱霞山、朱芷年,从学严鸿逵时,年尚幼小;张圣范、朱羽采令伊等幼子从沈在宽附学训蒙,审无与沈在宽交好之处,应无庸议。得旨,严鸿逵著戮尸枭示,其孙著发宁古塔,给与披甲人为奴。沈在宽著改斩立决,黄补庵已伏冥诛,其嫡属照议治罪。车鼎丰、车鼎贲、孙用克、周敬舆,俱依拟应斩著监候,秋后处决。房明畴、金子尚俱著佥妻流三千。陈祖陶等十一人,著以杖责完结。张圣范、朱羽采、朱霞山、朱芷年著释放。

      (雍正于十三年八月病死,由其子弘历嗣位,第二年,改年号乾隆。乾隆登基后一个多月,即下令逮捕曾静、张熙进京并判刑)

      雍正十三年十月初八日,上谕。曾静大逆不道,虽置之极典,不足蔽其辜,乃我皇考圣度如天,曲加宽宥。夫曾静之罪不减于吕留良,而我皇考于吕留良则明正典刑,于曾静则屏弃法外者,以留良谤议及于皇祖,而曾静止及于圣躬也。今朕绍承大统,当遵皇考办理吕留良案之例,明正曾静之罪,诛叛逆之渠魁,泄臣民之公愤。著湖广督抚,将曾静、张熙即行锁拿,遴选干员,解京候审,毋得疏纵泄漏。其嫡属交与地方官严行看守,候旨。

      雍正十三年十二月十九,谕刑部。曾静、张熙,悖乱凶顽,大逆不道。我皇考世宗宪皇帝,圣度如天,以其谤议,止及圣躬,贷其殊死。并有“将来子孙,不得追究诛戮”的谕旨。然在皇考当日,或可姑容;而在朕今日,断难曲宥。前后办理虽有不同,而衷诸天理人情之至当,则未尝不一;况亿万臣民所切骨愤恨,欲速正典刑。于今日者,朕又何能拂人心之公恶乎?曾静、张熙著照法司所拟,凌迟处死。

  • 邓春琴:“黄河”命名再探析

    黄河得名,除了与河水有关外,当还有他因。我们对此进行了重新梳理。

    一、河水清与浊

    黄河水到底何时主色为黄?这个问题困扰学界多年。有人援引《逸周诗》:“俟河之清,人寿几何!”说明黄河之水一直是浑浊的。这好似不太恰当。首先,该句话在现有《诗经》中没有发现,要想确认该句话的真实存在,只有等日后出土材料来证明。其次,该句话明显具有文学修辞色彩。我们不能用不能证实并且具有文学修辞色彩的话语去证明河水一直为浑浊。

    我们先看看典籍中对黄河水的记载:

    1. 公元前595年(周定王十二年):河水赤三日。(民国《山东通志》卷三)2. 公元前531年(周景王十四年):河水赤于龙门三里。(《竹书纪年》卷下)

    3. 公元前457年(周贞王十二年):河水赤三日。(《竹书纪年》卷下)

    4. 公元前439年(周考王二年):河水赤于晋龙门三日。(《文献通考》卷297)

    5. 公元前367年(周显王二年):河水赤于龙门三日。(《竹书纪年》卷下)

    6.165年(汉延熹八年):四月,济阴、东郡、济北、平原河水清。(《后汉书·五行志》)

    7.171年(汉建宁四年):二月,河水清。(《后汉书·五行志》)

    8.447年(宋元嘉二十四年):夏四月,河、济俱清。(《南史·宋文帝本纪》)

    除此之外,我们还查询到了54条有关黄河河水的记载,这54条记载的时间都在公元447年之后。54条文献记载中,仅有1条记载黄河河水为浊,其余皆记载河水为清。

    先看材料1“河水赤三日。”也就意味着平时河水主要是清。再看材料8“夏四月,河、济俱清。”就意味着河水平时主要是浊。再根据上面62条材料的记载,我们发现,在公元前367年之前,材料记载以“河水赤”为主,而公元165年之后,材料记载以“河水清”为主。也就是说明在公元前367年之前,黄河之水主要为清,公元165年之后,黄河之水主要为浊。那么,根据现有材料就可以认为:公元前367年至公元165年之间,应该是黄河河水的转变时期,这个时间段主要是在秦、两汉时期。也就是说秦、两汉时期是黄河水由清变浊的关键时期。

    张金路等先生在《黄河三角洲文化概要》谈到黄河最重要的7次改道,前面三次是:(1)上古三代时,黄河自今河南武陟东北,流经浚县西,折北流至今河北平乡北,分为九条支流。(2)到西汉时,黄河自今河南浚县西南,东北流至今山东高唐南,折北经今德州市东、河北南皮西,又东北流经今沧县入海。(3)从东汉永平十三年(70年)到唐末,黄河主河道固定在现行河道。公元70年,有一个重要事情发生,就是王景成功治理黄河。黄河改道,途经黄土高原,携带了大量流沙,河水自然容易变色。故我们可以将黄河水变浊的时间段前移至西汉初年,也即两汉之前,河水以清为主,两汉之后(包括两汉),河水以浊为主。

    我们再来看看黄河的称呼,在两汉以前,黄河主要称为“河”“河水”“大河”。《书·禹贡》:“岛夷皮服,夹右碣石入于河。”《吕氏春秋·有始》:“何谓六川?河水、赤水、遼水、黑水、江水、淮水。”《楚辞·九章·悲回风》:“望大河之洲渚兮,悲申徒之抗迹。”

    然而到了两汉时期,黄河的称呼除了“河”“河水”“大河”之外,又新添“浊河”“黄河”。

    浊河,该称谓主要因河水浑浊而得名,最初使用在两汉时期。《史记·高祖本纪》:“东有琅邪、即墨之饶,南有泰山之固,西有浊河之限,北有波海之利。”“浊河”在《史记》中,仅出现3次,也是最早使用“浊河”的文献,故“浊河”最早使用不会超过公元前145年。

    “黄河”一词出现很早,《汉书·高惠高后文武功臣表》:“使黄河如带,泰山若厉,国以永存。”“黄河”与“泰山”对文,对照工整。该词在唐朝之后已经成为黄河的主要称呼词。李传军认为“有足够的证据表明,黄河之得名,肇源于西汉初年,而在魏晋南北朝时期即已经成为十分常见的称呼。”此说可信。由此可知“黄河”出现早于“浊河”。

    两汉时期,河水已经开始变浊,“黄河”、“浊河”称呼的出现与河水变浊应该有密切关系。故有学者认为黄河之名因河水浑浊而来,这有一定道理。

    在“河”“河水”“黄河”“大河”“浊河”五个称呼中,“黄河”“大河”“浊河”三者组合形式相同,“黄河”出现介于“大河”“浊河”之间,在唐朝之后成为主要称呼词。历史为什么选择“黄河”作主要称呼词?在理解“黄河”之义时,仅仅将“黄河”等同“浊河”,而忽略“大河”,是否合理?我们认为,语言在历史的发展演变过程中,也要经历优胜劣汰,不选择“大河”“浊河”作为主要称呼,是因为这两个称呼只强调黄河的一个方面,而“黄河”一词不仅兼有浊河之义,还兼有“大河”之义,故其能够胜出,被人们广泛使用,证据如下。

    二、从“黄”族词反观黄河之名

    我们将汉语中所有“黄”声的形声字系联起来,发现一个很有趣的现象,这些系联起来的词语有一部分具有“大”之义。如:

    廣,《说文·广部》:“廣,殿之大屋也。”《诗经·小雅·六月》:“四牡修广”,毛传:“广,大也。”《尚书·大禹谟》:“帝德廣运”,孔安国传:“广,谓所覆者大。”《尚书·微子之命》:“克齐圣广渊”,蔡沈集传:“广,言其大。”

    横,《说文·木部》:“横,栏木也。从木,黄声。”《文选张协〈七命〉》:“横制八戎。”李周翰注:“横,大也。”《急就篇》卷一“令狐横。”颜师古注:“横,充也,大也。”

    蟥,《说文·虫部》:“蟥,蟥也。从虫,黄声。”此字亦有大之义。赣方言“蚂蟥”指水蛭之大者。

    鐄,该字从金,黄声。《广韵·庚韵》:“鐄,大钟也。”《集韵·庚韵》:“鐄,大镰。”大钟、大镰皆指大的金属器物。

    趪:从走,黄声。《文选·西京赋》:“猛虚趪趪。”薛综注:“趪趪,张设貌。”张设貌,有扩大之义。清代沈德潜《觉生寺大钟歌》:“妄凭佛力消黑业,趪趪徹天门重。”此趪趪即指宏大,洪亮之义。

    亦有部分具有表示黄颜色的意义。如:

    癀,《玉篇·疒部》:“癀,癀疸病也。”黄疸病患者最明显的特征就是皮肤、粘膜等组织发黄,故命名之。

    鷬,即黄鹂鸟之名。雄性黄鹂鸟的羽毛为金黄色,并有光泽,而雌性黄鹂鸟的羽毛黄中带绿,故命名之。

    还有一部分既表“大”,又表颜色“黄”义。如:

    璜,《说文·玉部》:“璜,半璧也。”《墨子·大取》:“是璜也。”孙诒让正义引《说文》:“璜,半璧也。”《山海经·海外西经》:“夏后启佩玉璜。”郭璞注:“半璧曰璜。”此处“半”有一层意思为“大”。《集韵·换韵》:“半,大片也。”同时“璜”还有一层意思就是该物体为黄颜色。郭沫若《金文丛考》:“黄实古玉佩之象也。”“后假为黄白字,卒至假借义行而本义废,乃造璜以代之。”《正字通·玉部》:“黄石曰璜。海虞有璜泾,泾底有石而黄,以石名水,以水名地。”

    潢,《说文·水部》:“潢,积水池。从水,黄声。”《国语·周语下》:“犹塞川原而为潢汙。”韦昭注:“大曰潢,小曰汙。”《玄应音义》卷十七“潢水”注:“潢,久积水池也。大曰潢,小曰洿。”《玄应音义》卷十五“潢池”注:“大曰潢,小曰洿,浊水也。”浊水,即颜色浑浊之义。

    磺,《说文·石部》:“磺,铜铁朴石也。”徐锴《系传》:“铜铁之生者多连石。”故磺有“大”义。同时“磺”亦可以表示黄色。如“硫磺”,其外观为淡黄色脆性结晶或粉末。

    从以上例子可以看出,“黄”本身可以用来表示形状“大”和颜色“黄”之义。这就正好印证了“黄河”既可以表示“大河”,又可以表示“浊河”。当然,选择“黄河”做主要称呼词,不仅仅因为这个原因,还与我国古代文化脱离不了关系。

    三、我国古代崇尚“黄”色

    《说文解字·黄部》:“黄,地之色也。”我国区域辽阔,五方土地颜色不同。古人将五方与五行结合起来,释云“南方为火,其土红色;北方为水,其土黑色;东方为木,其土青色;西方位金,其土白色;中央为土,其土黄色。”班固《汉书·律历志》载:“黄色,中之色,君之服也。”《白虎通义》云“黄色,中和之色,自然之性,万世不易。”《通典》注云:“黄者中和美色,黄承天德,最盛淳美,故以尊色为谥也。”在漫长的历史发展过程中,人们赋予其特殊的内涵。

    董仲舒《春秋繁露·深察名号》:“美不能黄,则四方不能往。”宋朝梅尧臣《和原甫午寝晚归》:“不言偃仰中园乐,还爱眉间喜色黄。”黄色是美好的化身。幼小儿童美称为“黄口”,未出嫁美女称为“黄花闺女”,美好宝贵之躯称为“黄金躯”,辛勤夜读谓之“黄卷青灯”,预示灾祥的黄色物象谓之“黄祥”,祥瑞象谓之“黄云”,丰美的谷物谓之“黄茂”,等等。

    古代农业民族有着浓厚的“敬土”思想,黄色是“中央土”之色,而黄色有别于周边的“四夷”之色。因此,“黄色”就与“正统”“尊崇”联系起来,继而赋予其尊贵、权利的内涵。如:皇帝的公告谓之“黄榜”,帝王之车谓之“黄屋”,官名谓之“黄门”,天子或大臣所乘车舆的装饰品谓之“黄麾”,科举甲科进士及第者谓之“黄甲”,太守衙中的正堂谓之“黄堂”,官员佩戴的黄色带子谓之“黄带”,委任下级官吏的文书谓之“黄牒”。“榜”“屋”“门”等一系列普通的词语,在前面加上“黄”,地位就完全不同,成为了“权利”与“尊贵”的象征,令众人羡慕。

    “黄”还成为了中华民族的象征。《贞观政要·慎所好》:“隋炀帝性好猜防,专信邪道,大忌胡人,乃至谓胡床为交床,胡瓜为黄瓜。”“胡瓜”变“黄瓜”,一字之差,内涵却发生了质的变化。梁启超《新民说·论进步》:“夫同在东亚之地,同为黄族之民,而何以一进一不进,霄壤若此?”邹容《革命军》第七章:“尔有黄祸之先兆,尔有种族之势力。”缪鸿若《海上留别健行越生叔云诸同志》诗:“敢冀黄魂苏百日,拼将地狱走千回。”“黄族”“黄祸”“黄魂”中的“黄”,皆指中华民族。

    这种文化影响深远,在“黄河”名称的选择过程中,不自然地推动人们选择“黄河”作为其主要代称。甚至人们就直接用“黄”来代称母亲河,如“引黄灌溉”“黄泛区”。

    综上所述,我们认为,黄河之“黄”,兼有“大”“浊”之义,而“黄河”成为其主要的称呼,与汉民族崇尚黄色有着密切的关系。

    本文原载于《西华师范大学学报》2015年第5期

  • 昆明市盘龙区红十字会2024年预算公开

    监督索引号53010300376100000

    昆明市盘龙区红十字会2024年预算公开目录

    第一部分 昆明市盘龙区红十字会2024年部门预算编制说明

    一、基本职能及主要工作

    二、预算单位基本情况

    三、预算单位收入情况

    四、预算单位支出情况

    五、区对下专项转移支付情况

    六、政府采购预算情况

    七、部门“三公”经费增减变化情况及原因说明

    八、重点项目预算绩效目标情况

    九、其他公开信息

    第二部分 昆明市盘龙区红十字会2024年部门预算表

    一、财务收支预算总表

    二、部门收入预算表

    三、部门支出预算表

    四、财政拨款收支预算总表

    五、一般公共预算支出预算表(按功能科目分类)

    六、一般公共预算“三公”经费支出预算表

    七、部门基本支出预算表

    八、部门项目支出预算表

    九、项目支出绩效目标表

    十、政府性基金预算支出预算表

    十一、部门政府采购预算表

    十二、政府购买服务预算表

    十三、区对下转移支付预算表

    十四、区对下转移支付绩效目标表

    十五、新增资产配置表

    十六、上级补助项目支出预算表

    十七、部门项目中期规划预算表

    昆明市盘龙区红十字会2024年部门预算编制说明

    一、基本职能及主要工作

    (一)部门主要职责

    1.宣传和执行《中华人民共和国红十字会法》和《中华人民共和国红十字标志使用办法》。

    2.开展救援、救灾的相关工作,建立红十字应急救援体系。在战争、武装冲突和自然灾害、事故灾难、公共卫生事件等突发事件中,对伤病人员和其他受害者提供紧急救援和人道救助;依法接受国内外组织和个人的捐赠;及时向灾区群众和受难者提供急需的人道援助,参与灾后重建。

    3.开展应急救护培训,普及应急救护、防灾避险和卫生健康知识,组织志愿者参与现场救护。

    4.参与、推动无偿献血、遗体和人体器官捐献工作,参与开展造血干细胞捐献的相关工作;开展艾滋病预防控制宣传和教育、关心爱护艾滋病病毒感染者、患者及其他人道救助工作。

    5.开展社会救助及相关服务工作。对易受损人群进行救助,为困难群众提供服务;在社区、农村中建立红十字服务站,开展服务群众、宣传培训、募捐救助等活动。

    6.依法开展募捐活动;在公共场所设置红十字募捐箱并进行管理;依照法律法规自主处分募捐款物。

    7.组织开展红十字志愿服务、红十字青少年工作。

    8.兴办符合红十字会宗旨的公益事业。

    9.宣传国际红十字和红新月运动的基本原则和日内瓦公约及其附加议定书。

    10.依照日内瓦公约及其附加议定书的有关规定开展工作。

    11.监督救灾备灾款物及人道救助资金使用情况。

    12.完成人民政府委托事宜,开展与其职责相关的其他人道主义服务活动。

    13.承担区委、区政府和上级部门交办的其他工作。

    (二)机构设置情况

    我部门共设置2个内设机构,包括:红十字会办公室、赈济救护科

    我部门无所属单位。

    (三)重点工作概述

    1.坚持和加强党的全面领导,牢牢把准红十字事业发展正确政治方向。要始终把持续深入学习贯彻党的二十大精神和习近平新时代中国特色社会主义思想及习近平总书记关于新时期红十字事业发展的重要指示精神作为首要政治任务,树牢“四个意识”,坚定“四个自信”,拥护“两个确立”,做到“两个维护”。坚持围绕区委、区政府中心工作、建设队伍、服务群众,以党的政治建设为统领,以创建效能机关为主线,全面提高机关党的建设质量,为红十字事业高质量发展提供坚强政治保障。

    2.不断增强人道资源动员力度,提高红十字会救灾救助能力。通过多种形式建立筹资渠道,有针对性地做好重点对象的劝募工作。积极争取上级部门的支持,提早谋划“5.8”“9.5”“9.9”网络筹款,多方位筹措资金做好救助工作,不断增强红十字会的人道救助实力。继续深入到困难群众中,了解困难人群的需求,有针对性的做好救助工作,让更多的困难群众能得到关心和救助。让“人道 博爱 奉献”的精神广泛深入群众中,营造人人做公益的良好氛围。

    3.持续深入开展好群众性的应急救护培训“五进”活动。继续深入社区、农村、企业、学校等开展群众性应急救护知识培训,不断扩大普及培训面。

    4.进一步加大“三献”工作宣传力度。依托金辰街道罗丰社区人体器官捐献者志愿者服务社区。加强无偿献血、造血干细胞捐献、人体器官捐献知识及红十字精神的宣传,倡导、鼓励更多群众加入到生命传递的爱心队伍中来,为挽救生命贡献力量。

    5.加强宣传力度,进一步拓展红十字组织体系建设。要依托各类大众新媒介,在“世界急救日”等重要节点,加大红十字精神宣传力度。进一步提高红十字会工作有效覆盖,在全区12家街道成立基层红十字组织的基础上,拓展社区、学校、企业等成立基层红十字组织。同时,依法加强会员和志愿者服务工作,建立一支稳定的红十字志愿者和志愿服务组织。

    二、预算单位基本情况

    我部门编制2024年部门预算单位共1个。其中:财政全额供给单位1个;差额供给单位0个;定额补助单位0个;自收自支单位0个。财政全额供给单位中行政单位0个;参公单位1个;事业单位0个。截止2023年12月统计,部门基本情况如下:

    在职人员编制5人,其中:行政编制5人,工勤人员编制0人,事业编制0人。在职实有5人,其中:财政全额保障5人,财政差额补助0人,财政专户资金、单位资金保障0人。

    离退休人员2人,其中:离休0人,退休2人。

    车辆编制0辆,实有车辆0辆,超编0辆。

    三、预算单位收入情况

    (一)部门财务收入情况

    2024年部门财务总收入124.56万元,其中:一般公共预算124.56万元,政府性基金0.00万元,国有资本经营收益0.00万元,财政专户管理资金收入0.00万元,事业收入0.00万元,事业单位经营收入0.00万元,上级补助收入0.00万元,附属单位上缴收入0.00万元,其他收入0.00万元。

    与上年对比增加3.51%,增加4.22万元。主要原因分析是2023年社会保险、住房公积金基数调整。工会经费按要求预算到2024年预算中。

    (二)财政拨款收入情况

    2024年部门财政拨款收入124.56万元,其中:本年收入124.56万元,上年结转收入0.00万元。本年收入中,一般公共预算财政拨款124.56万元,政府性基金预算财政拨款0.00万元,国有资本经营收益财政拨款0.00万元。

    与上年对比增加3.51%,增加4.22万元。主要原因分析是2023年社会保险、住房公积金基数调整,工会经费按要求预算到2024年预算中。

    四、预算单位支出情况

    2024年部门预算总支出124.56万元。财政拨款安排支出124.56万元,其中:基本支出122.48万元,与上年对比增加3.51%,增加4.22万元。主要原因分析是2023年社会保险、住房公积金基数调整,工会经费按要求预算到2024年预算中;项目支出2.08万元,与上年对比减少140.48%,主要原因分析红十字备灾救灾经费预算减少。

    财政拨款安排支出按功能科目分类情况,主要用于:

    1.2060404科学技术支出-技术研究与开发-科技成果转化与扩散0.68万元,主要用于内网电脑费用支付;

    2.2080501社会保障和就业支出-行政事业单位养老支出-行政单位离退休支出”5.04万元,主要用于离退休人员生活补助;

    3.2080505社会保障和就业支出-行政业事单位养老支出-机事业单位养老保险缴费支出10.67万元,主要用于缴纳单位养老保险缴费;

    4.2081601社会保障和就业支出-红十字事业-行政运行支出89.01万元,主要用于工资、办公费、印刷费、邮电费、水费等;

    5.2081699社会保障和就业支出-红十字事业-其他红十字事业支出1.40万元,主要用于救灾备灾购买物资;

    6.2101101卫生健康支出-行政事业单位医疗-行政单位医疗4.87万元,主要用于缴纳基本医疗保险;

    7.2101103卫生健康支出-行政事业单位医疗-公务员医疗补助3.43万元,主要用于缴纳公务员医疗补助;

    8.2101199卫生健康支出-行政事业单位医疗-其他行政事业单位医疗支出0.45万元,主要用于缴纳医疗大病保险。

    9.2210201住房保障支出-住房改革支出-住房公积金9.01万元,主要用于缴纳住房公积金。

    五、区对下专项转移支付情况

    昆明市盘龙区红十字会2024年部门预算无区对下专项转移支付情况。

    六、政府采购预算情况

    根据《中华人民共和国政府采购法》的有关规定,编制了政府采购预算,共涉及采购项目1个,政府采购预算总额0.20万元,其中:政府采购货物预算0.20万元、政府采购服务预算0.00万元、政府采购工程预算0.00万元。

    七、部门“三公”经费增减变化情况及原因说明

    昆明市盘龙区红十字会2024年一般公共预算财政拨款“三公”经费预算合计0.00万元,较上年增加0.00万元,增长0.00%,具体变动情况如下:

    (一)因公出国(境)费

    昆明市盘龙区红十字会2024年因公出国(境)费预算为0.00万元,较上年增加0.00万元,增长0.00%,共计安排因公出国(境)团组0个,因公出国(境)0人次。

    昆明市盘龙区红十字会因公出国(境)费与上年对比无变化。

    (二)公务接待费

    昆明市盘龙区红十字会2024年公务接待费预算为0.00万元,较上年增加0.00万元,增长0.00%,国内公务接待批次为0次,共计接待0人次。

    昆明市盘龙区红十字会公务接待费与上年对比无变化。

    (三)公务用车购置及运行维护费

    昆明市盘龙区红十字会2024年公务用车购置及运行维护费为0.00万元,较上年增加0.00万元,增长0.00%。其中:公务用车购置费0.00万元,较上年增加0.00万元,增长0.00%;公务用车运行维护费0.00万元,较上年增加0.00万元,增长0.00%。共计购置公务用车0辆,年末公务用车保有量为0辆。

    昆明市盘龙区红十字会比公务用车购置及运行维护费与上年对比无变化。

    八、重点项目预算绩效目标情况

    (一)盘龙区红十字备灾救灾经费

    2024年,项目将根据年度工作计划,加强区级和区级以下红十字会的备灾救灾工作,为红十字事业发展提供组织保障。通过组织全区红十字会干部职工学习培训、开展红十字会员和志愿者工作,加强红十字基层组织建设工作开展红十字备灾救灾工作购买一定量的救灾物资 。

    (二)产出指标

    在2024年中购买一定数量的救灾备灾物资物品,以备灾害发生时急用。

    成本指标:全年完成本项目需要的成本金额1.4万元。

    时效指标:12月底前按照项目计划完成。

    社会效益指标:通过开展红十字备灾救灾准备,健全红十字会组织体系;通过开展志愿服务活动,使更广泛的人群参与到志愿活动中,红十字会备灾救灾能力水平提升。

    可持续影响指标:社会突发事件应急保障水平提升。

    满意度指标:服务对象满意度指标:志愿者及群众满意度达到90%以上。

    九、其他公开信息

    (一)专业名词解释

    红十字会宗旨:是保护人的生命和健康,核心业务大体上可以概括为“三救”(应急救援、应急救护、人道救助)和“三献”(无偿献血、造血干细胞捐献、人体器官捐献)。

    办公费:反映单位购买按财务会计制度规定不符合固定资产确认标准的日常办公用品,书报杂志等支出。

    水费:反映单位的水费支出。

    (二)机关运行经费安排变化情况及原因说明

    昆明市盘龙区红十字会2024年机关运行经费安排11.05万元,与上年对比增加1.62%,增加金额0.18万元,主要原因分析是2023年有人员变动,有调出调入人员。

    (三)国有资产占有使用情况

    截至2023年12月31日,昆明市盘龙区红十字会资产总额3.64万元,其中,流动资产1.32万元,固定资产2.32万元,对外投资及有价证券0.00万元,在建工程0.00万元,无形资产0.00万元,其他资产0.00万元。与上年相比,本年资产总额增加0.00万元,其中固定资产增加0.00万元。处置房屋建筑物0.00平方米,账面原值0.00万元;处置车辆0辆,账面原值0.00万元;报废报损资产0项,账面原值0.00万元,实现资产处置收入0.00万元;资产使用收入0.00万元,其中出租资产0平方米,资产出租收入0.00万元。鉴于截至2023年12月31日的国有资产占有使用精准数据,需在完成2023年决算编制后才能汇总,此处公开为2024年1月资产月报数。