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Montesquieu -
Laws
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Law in general is human reason, inasmuch as it governs all the inhabitants of the earth: the political and civil laws of each nation ought to be only the particular cases in which human reason is applied.
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When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
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The laws do not take upon them to punish any other than overt acts.
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I would as soon say that religion gives its professors a right to enslave those who dissent from it, in order to render its propagation more easy.
This was the notion that encouraged the ravagers of America in their iniquity. Under the influence of this idea they founded their right of enslaving so many nations; for these robbers, who would absolutely be both robbers and Christians, were superlatively devout.
Louis XIII was extremely uneasy at a law by which all the negroes of his colonies were to be made slaves; but it being strongly urged to him as the readiest means for their conversion, he acquiesced without further scruple.
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The wickedness of mankind makes it necessary for the law to suppose them better than they really are.
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Laws, in their most general signification, are the necessary relations arising from the nature of things. In this sense all beings have their laws: the Deity His laws, the material world its laws, the intelligences superior to man their laws, the beasts their laws, man his laws.
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Liberty is the right of doing whatever the laws permit.
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There is no word that has admitted of more various significations, and has made more different impressions on human minds, than that of Liberty. Some have taken it for a facility of deposing a person on whom they had conferred a tyrannical authority; others for the power of choosing a person whom they are obliged to obey; others for the right of bearing arms, and of being thereby enabled to use violence, others in fine for the privilege of being governed by a native of their own country or by their own laws.
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Mankind by their industry, and by the influence of good laws, have rendered the earth more proper for their abode.
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Human laws made to direct the will ought to give precepts, and not counsels.
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In every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law.
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The law of nations is naturally founded on this principle, that different nations ought in time of peace to do one another all the good they can, and in time of war as little injury as possible, without prejudicing their real interests.
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It is clear that in a monarchy, where he who commands the exceution of the laws generally thinks himself above them, there is lessneed of virtue than in a popular government, where the person entrusted with the execution of the laws is sensible of his being subject to their direction.
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Thus the creation, which seems an arbitrary act, supposes laws as invariable as those of the fatality of the Atheists. It would be absurd to say that the Creator might govern the world without those rules, since without them it could not subsist.
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Man, as a physical being, is like other bodies governed by invariable laws.
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To lend money without interest, is certainly an action laudable and extremely good; but it is obvious, that it is only a counsel of religion, and not a civil law.
Montesquieu
Quote of the day
Nobody ever did anything very foolish except from some strong principle.
William Lamb, 2nd Viscount Melbourne
Montesquieu
Creative Commons
Born:
January 18, 1689
Died:
February 10, 1755
(aged 66)
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