THE ASTONISHING INSTITUTION CALLED CRIMINAL LAW.
所谓惊人的制度被称为刑法。

Maslova might be sent off with the first gang of prisoners, therefore Nekhludoff got ready for his departure. —
Maslova可能会被送往第一批囚犯，因此涅赫鲁多夫为他的离开做好了准备。 —

But there was so much to be done that he felt that he could not finish it, however much time he might have. —
但有太多事情要做了，他觉得无论有多少时间都做不完。 —

It was quite different now from what it had been. —
现在它完全不同于以往。 —

Formerly he used to be obliged to look for an occupation, the interest of which always centred in one person, i. —
以前，他常常被迫寻找一种工作，这种工作的兴趣总是集中在一个人身上，即涅赫鲁多夫 —

e., Dmitri Ivanovitch Nekhludoff, and yet, though every interest of his life was thus centred, all these occupations were very wearisome. —
而尽管他生活的每一个兴趣都集中在涅赫鲁多夫身上，但所有这些工作都很令人厌倦。 —

Now all his occupations related to other people and not to Dmitri Ivanovitch, and they were all interesting and attractive, and there was no end to them. —
现在所有的工作都与其他人有关，而不是与涅赫鲁多夫有关，它们都很有趣而吸引人，且没有尽头。 —

Nor was this all. Formerly Dmitri Ivanovitch Nekhludoff’s occupations always made him feel vexed and irritable; —
这也不是全部。德米特里·伊凡诺维奇·涅赫鲁杜夫过去总是因为他的职业而感到恼火和烦躁； —

now they produced a joyful state of mind. —
现在他却充满了喜悦的心情。 —

The business at present occupying Nekhludoff could be divided under three headings. —
涅赫鲁杜夫目前忙于的事情可以分为三个方面。 —

He himself, with his usual pedantry, divided it in that way, and accordingly kept the papers referring to it in three different portfolios. —
他以他惯常的 pedantry 分类，并相应地将文件放在三个不同的文件夹中。 —

The first referred to Maslova, and was chiefly that of taking steps to get her petition to the Emperor attended to, and preparing for her probable journey to Siberia.
第一个涉及到了玛丝洛娃，主要是为了着手促使她的请愿呈交给皇帝，并为她可能前往西伯利亚的旅行做准备。

The second was about his estates. In Panovo he had given the land to the peasants on condition of their paying rent to be put to their own communal use. —
第二个是关于他的庄园。在帕诺沃，他把土地交给了农民，条件是他们支付租金用于他们自己的公共利益。 —

But he had to confirm this transaction by a legal deed, and to make his will, in accordance with it. In Kousminski the state of things was still as he had first arranged it, i. —
但他必须通过合法文件确认这一交易，并根据此作出遗嘱。在库兹明斯基，情况仍然如他最初安排的那样，即他将收到租金；但必须确定条件以及他将用多少钱来生活，将多少留给农民使用。 —

e., he was to receive the rent; but the terms had to be fixed, and also how much of the money he would use to live on, and how much he would leave for the peasants’ use. —
由于他不知道前往西伯利亚将耗费多少钱，所以他不能决定完全放弃这笔收入，尽管他将这笔收入减少了一半。 —

As he did not know what his journey to Siberia would cost him, he could not decide to lose this revenue altogether, though he reduced the income from it by half.
第三部分的工作是帮助越来越多向他求助的囚犯。

The third part of his business was to help the convicts, who applied more and more often to him. —
最开始当他接触囚犯，并向他们求助时，他立即开始为他们求情，希望减轻他们的命运，但很快他收到了如此之多的申请，以至于他感受到无法应付所有人，并自然地开始涉足另一项工作，最终引起了他比前三项工作更大兴趣的工作。 —

At first when he came in contact with the prisoners, and they appealed to him for help, he at once began interceding for them, hoping to lighten their fate, but he soon had so many applications that he felt the impossibility of attending to all of them, and that naturally led him to take up another piece of work, which at last roused his interest even more than the three first. —
他新的工作是找到以下问题的答案： —

This new part of his business was finding an answer to the following questions: —
令人震惊的这一制度叫做刑法，其结果是监狱里，他最近结识了一些囚犯，以及从彼得保罗要塞到萨哈林岛的所有其他拘留场所里，数以百计、数以千计的受害者在受折磨？ —

What was this astonishing institution called criminal law, of which the results were that in the prison, with some of the inmates of which he had lately become acquainted, and in all those other places of confinement, from the Peter and Paul Fortress in Petersburg to the island of Sakhalin, hundreds and thousands of victims were pining? —
这个奇怪的刑法是为了什么存在？ —

What did this strange criminal law exist for? —
它是如何产生的？ —

How had it originated?
它的起源是什么？

From his personal relations with the prisoners, from notes by some of those in confinement, and by questioning the advocate and the prison priest, Nekhludoff came to the conclusion that the convicts, the so-called criminals, could be divided into five classes. —
从他与囚犯的个人关系，一些囚禁者的笔记，以及通过询问辩护律师和监狱牧师，涅赫鲁德杨得出结论，所谓的罪犯可以分为五类。 —

The first were quite innocent people, condemned by judicial blunder. —
第一类是完全无辜的人，因司法失误而被判刑。 —

Such were the Menshoffs, supposed to be incendiaries, Maslova, and others. —
比如像门舍夫一家，被认为是纵火犯，还有玛斯洛娃等人。 —

There were not many of these; according to the priest’s words, only seven per cent. —
这些人并不多；根据牧师的话，只有百分之七。 —

, but their condition excited particular interest.
但他们的状况引起了特别的关注。

To the second class belong persons condemned for actions done under peculiar circumstances, i. —
第二类人是被判处犯下特殊情况下的行为的人，即在一时冲动、嫉妒或醉醺醺的情况下犯罪，而那些审判他们的人，在同样情况下也很可能会犯同样的罪行。 —

e., in a fit of passion, jealousy, or drunkenness, circumstances under which those who judged them would surely have committed the same actions.
第三类是被惩罚犯下的行为从他们自己的理解看是十分自然甚至是正当的，但那些制定法律的人却认为是犯罪的人。

The third class consisted of people punished for having committed actions which, according to their understanding, were quite natural, and even good, but which those other people, the men who made the laws, considered to be crimes. —
比如那些没有许可证卖酒的人、走私者、在大庄园和国王领地上砍草和搞伐木的人； —

Such were the persons who sold spirits without a license, smugglers, those who gathered grass and wood on large estates and in the forests belonging to the Crown; —
盗取矿藏的人；以及那些抢劫教堂的不信教徒。 —

the thieving miners; and those unbelieving people who robbed churches.
第四类是那些只因为道德水平高于社会平均水平而被囚禁的人。

To the fourth class belonged those who were imprisoned only because they stood morally higher than the average level of society. —
如信仰者、波兰人、为重获独立而反抗的车臣人、政治犯、社会主义者、因顶撞当局而被判罪的罢工者。 —

Such were the Sectarians, the Poles, the Circassians rebelling in order to regain their independence, the political prisoners, the Socialists, the strikers condemned for withstanding the authorities. —
据涅克拉多夫观察，这个类别的人数相当多； —

There was, according to Nekhludoff’s observations, a very large percentage belonging to this class; —
其中有一些是最优秀的人。 —

among them some of the best of men.
第五类人是被社会欺压和诱惑远大于他们对社会犯下的过错。

The fifth class consisted of persons who had been far more sinned against by society than they had sinned against it. —
这些人是被连续的压迫和诱惑弄得麻木不仁的人，比如那个偷毯子的男孩以及涅克拉多夫在监狱里以及外面见过的成百上千人。 —

These were castaways, stupefied by continual oppression and temptation, such as the boy who had stolen the rugs, and hundreds of others whom Nekhludoff had seen in the prison and out of it. —
他们所处的环境似乎系统地导致了通常被称为犯罪的行为。 —

The conditions under which they lived seemed to lead on systematically to those actions which are termed crimes. —
很多贼和杀人犯，根据涅克拉多夫的估计，属于这个类别。 —

A great many thieves and murderers with whom he had lately come in contact, according to Nekhludoff’s estimate, belonged to this class. —
涅克拉多夫最近接触的许多贼和杀人犯，大多数都属于这个类别。 —

To this class Nekhludoff also reckoned those depraved, demoralised creatures whom the new school of criminology classify as the criminal type, and the existence of which is considered to be the chief proof of the necessity of criminal law and punishment. —
Nekhludoff还把那些堕落、道德败坏的人归类为这一类，这些人被新的犯罪学派归类为犯罪类型，据称罪行法律和惩罚的必要性正是这些人的存在的主要证据。 —

This demoralised, depraved, abnormal type was, according to Nekhludoff, exactly the same as that against whom society had sinned, only here society had sinned not directly against them, but against their parents and forefathers.
根据Nekhludoff的看法，这种堕落、腐化、异常类型与社会犯罪的对象完全相同，只是在这种情况下，社会并不是直接冒犯他们，而是冒犯了他们的父母和祖先。

Among this latter class Nekhludoff was specially struck by one Okhotin, an inveterate thief, the illegitimate son of a prostitute, brought up in a doss-house, who, up to the age of 30, had apparently never met with any one whose morality was above that of a policeman, and who had got into a band of thieves when quite young. —
在这一类人中，Nekhludoff特别注意到一个叫奥赫廷（Okhotin）的人，他是一个顽固的小偷，是一个妓女的私生子，在一个男佣旅馆长大，他似乎在30岁之前从未遇到过任何一个道德水平高于警察的人，而且还在很年轻的时候就加入了一个小偷团伙。 —

He was gifted with an extraordinary sense of humour, by means of which he made himself very attractive. —
他有一种非凡的幽默感，通过这种幽默，他使自己变得非常有吸引力。 —

He asked Nekhludoff for protection, at the same time making fun of himself, the lawyers, the prison, and laws human and divine.
他向Nekhludoff寻求保护，同时取笑自己、律师、监狱以及人类和神的法律。

Another was the handsome Fedoroff, who, with a band of robbers, of whom he was the chief, had robbed and murdered an old man, an official. —
另一个是英俊的费多罗夫（Fedoroff），他带领一伙强盗抢劫并谋杀了一位老人，一名官员。 —

Fedoroff was a peasant, whose father had been unlawfully deprived of his house, and who, later on, when serving as a soldier, had suffered much because he had fallen in love with an officer’s mistress. —
费多罗夫是一个农民，他的父亲曾被非法剥夺了房子，后来，当他在部队服役时，因为与军官的情妇相恋而受到很多痛苦。 —

He had a fascinating, passionate nature, that longed for enjoyment at any cost. —
他有一种迷人的、热情的本性，渴望以任何代价享乐。 —

He had never met anybody who restrained himself for any cause whatever, and had never heard a word about any aim in life other than enjoyment.
他从未遇到过任何出于任何原因而自我约束的人，也从未听说过除了享乐之外生活中的任何目标。

Nekhludoff distinctly saw that both these men were richly endowed by nature, but had been neglected and crippled like uncared-for plants.
Nekhludoff清楚地看到这两个人都天赋良好，但却像被忽视和束缚的无人照管的植物一样。

He had also met a tramp and a woman who had repelled him by their dulness and seeming cruelty, but even in them he could find no trace of the criminal type written about by the Italian school, but only saw in them people who were repulsive to him personally, just in the same way as some he had met outside the prison, in swallow-tail coats wearing epaulettes, or bedecked with lace. —
他也见过一个流浪汉和一个妇女，他们的愚蠢和看起来的残酷使他感到反感，但即使在他们身上，他也找不到意大利学派讨论的犯罪类型的任何痕迹，只看到了他们无法接受的性格，就像他在监狱外见到的一些穿燕尾服、戴肩章或缀满蕾丝的人一样。 —

And so the investigation of the reasons why all these very different persons were put in prison, while others just like them were going about free and even judging them, formed a fourth task for Nekhludoff.
于是，调查为什么所有这些截然不同的人被关押在监狱里，而其他与他们完全相同的人却自由地到处走动甚至在审判着 他们，这成为Nekhludoff的第四项任务。

He hoped to find an answer to this question in books, and bought all that referred to it. —
他希望在书籍中找到这个问题的答案，并购买了所有与此有关的书籍。 —

He got the works of Lombroso, Garofalo, Ferry, List, Maudsley, Tard, and read them carefully. —
他得到了隆布罗索、加罗法洛、费里、利斯特、莫德斯利、塔德等人的著作，并仔细阅读了它们。 —

But as he read he became more and more disappointed. —
但随着阅读的进行，他越来越失望。 —

It happened to him as it always happens to those who turn to science not in order to play a part in it, nor to write, nor to dispute, nor to teach, but simply for an answer to an every-day question of life. —
这总是发生在那些寻求科学帮助的人身上，他们并非为了在其中扮演角色，写作，辩论或教学，而仅仅是为了解决生活中的日常问题。 —

Science answered thousands of different very subtle and ingenious questions touching criminal law, but not the one he was trying to solve. —
科学回答了成千上万个关于刑法的微妙而巧妙的问题，但没有回答他正试图解决的那个问题。 —

He asked a very simple question: “Why, and with what right, do some people lock up, torment, exile, flog, and kill others, while they are themselves just like those whom they torment, flog, and kill?” —
他提出了一个非常简单的问题：“为什么一些人封锁、折磨、放逐、鞭打和杀害其他人，而他们自己与那些他们折磨、鞭打和杀害的人并无二致？” —

And in answer he got deliberations as to whether human beings had free will or not. —
而他得到的回答却是关于人类是否有自由意志的讨论。 —

Whether signs of criminality could be detected by measuring the skulls or not. —
犯罪迹象是否能通过测量颅骨来检测。 —

What part heredity played in crime. Whether immorality could be inherited. —
遗传在犯罪中扮演了什么角色。道德败坏是否可以遗传。 —

What madness is, what degeneration is, and what temperament is. —
疯狂是什么，退化是什么，气质是什么。 —

How climate, food, ignorance, imitativeness, hypnotism, or passion act. —
气候、食物、无知、模仿、催眠术或激情是如何起作用的。 —

What society is. What are its duties, etc., etc.
社会是什么。它的责任是什么，等等。

These disquisitions reminded him of the answer he once got from a little boy whom he met coming home from school. —
这些论述让他想起了曾经从一名放学回家的小男孩那里得到的答案。 —

Nekhludoff asked him if he had learned his spelling.
涅赫卢多夫问他是否学会了拼写。

“I have,” answered the boy.
男孩回答说：“我学会了。”

“Well, then, tell me, how do you spell ‘leg’?”
“那好，告诉我，‘leg’如何拼写？”

“A dog’s leg, or what kind of leg?” the boy answered, with a sly look.
男孩带着恶作剧的表情回答说：“是狗的腿还是哪种腿？”

Answers in the form of new questions, like the boy’s, was all Nekhludoff got in reply to his one primary question. —
对于他最初的一个问题，涅赫鲁多夫得到的回答只是像男孩一样的新问题。 —

He found much that was clever, learned much that was interesting, but what he did not find was an answer to the principal question: —
他发现了许多聪明之处，学到了许多有趣之事，但他没有找到的是对于主要问题的答案： —

By what right some people punish others?
凭什么有些人可以惩罚其他人？

Not only did he not find any answer, but all the arguments were brought forward in order to explain and vindicate punishment, the necessity of which was taken as an axiom.
他不仅没有找到任何答案，而且所有的论据都是为了解释和为惩罚辩护，而惩罚的必要性被视为公理。

Nekhludoff read much, but only in snatches, and putting down his failure to this superficial way of reading, hoped to find the answer later on. —
尼赫鲁多夫阅读了很多，但只是零碎地阅读，把他的失败归咎于这种肤浅的阅读方式，希望以后能找到答案。 —

He would not allow himself to believe in the truth of the answer which began, more and more often, to present itself to him.
他不会让自己相信那个答案的真相，这个答案越来越频繁地出现在他面前。

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