It is difficult to point out a single nation living under a system of
good laws. This is not attributable merely to the circumstance that laws
are the productions of men, for men have produced works of great utility
and excellence; and those who invented and brought to perfection the
various arts of life were capable of devising a respectable code of
jurisprudence. But laws have proceeded, in almost every state, from the
interest of the legislator, from the urgency of the moment, from
ignorance, and from superstition, and have accordingly been made at
random, and irregularly, just in the same manner in which cities have
been built. Take a view of Paris, and observe the contrast between that
quarter of it where the fish-market (Halles) is situated, the St.
Pierre-aux-bœufs, the streets Brisemiche and Pet-au-diable and the
beauty and splendor of the Louvre and the Tuileries. This is a correct
image of our laws.
It was only after London had been reduced to ashes that it became at all
fit to be inhabited. The streets, after that catastrophe, were widened
and straightened. If you are desirous of having good laws, burn those
which you have at present, and make fresh ones.
The Romans were without fixed laws for the space of three hundred years;
they were obliged to go and request some from the Athenians, who gave
them such bad ones that they were almost all of them soon abrogated. How
could Athens itself be in possession of a judicious and complete system?
That of Draco was necessarily abolished, and that of Solon soon expired.
Our customary or common law of Paris is interpreted differently by
four-and-twenty commentaries, which decidedly proves, the same number of
times, that it is ill conceived. It is in contradiction to a hundred and
forty other usages, all having the force of law in the same nation, and
all in contradiction to each other. There are therefore, in a single
department in Europe, between the Alps and the Pyrenees, more than forty
distinct small populations, who call themselves fellow-countrymen, but
who are in reality as much strangers to one another as Tonquin is to
Cochin China.
It is the same in all provinces of Spain. It is in Germany much worse.
No one there knows what are the rights of the chief or of the members.
The inhabitant of the banks of the Elbe is connected with the cultivator
of Suabia only in speaking nearly the same language, which, it must be
admitted, is rather an unpolished and coarse one.
Public-domain text, read in full here on John Shaqi.
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