Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
"It is clear," says Montesquieu, "that in a monarchy, where he who
causes the laws to be executed is above the laws, there is less virtue
requisite than in a popular government, where he who causes the laws
to be executed, feels that he is himself subject to them, and will
have to bear the consequence of their violation.
"It is further clear that a monarch who, through bad advice or
negligence, ceases to have the laws executed, may easily repair the
evil; he has but to change counselors or correct himself of his
negligence. But when in a popular government, the laws have ceased to
be executed, as this can only happen through the corruption of the
republic, the State is already lost."
Montesquieu then describes, in the strongest and liveliest colors, a
republican state where the laws have ceased to be enforced.
"They were free with the laws; they wish to be free without them. Each
citizen is as a slave escaped from the house of his master. What
before was called _maxim_, is now called _severity_; what was _rule_
is now annoying _restraint_; what was _attention_, is now _fear_. The
republic has become booty, and its strength is no longer anything more
than the power of a few and the license of all."
In the republics of Athens and Rome, as long as they were prosperous and
great, the empire of the laws was admirable. Socrates, in his prison, gave
of this a sublime example. He was unjustly condemned by his
fellow-citizens to drink the hemlock, namely, to die by poison. Meanwhile,
his friends pressed him to resort to flight; and everything leads to the
belief that this would have been quite easy, as the judges themselves
almost wished to be relieved of the responsibility of his death. Yet
Socrates resisted, and refused to employ this means of safety. The
principal reason given by him was, that, having been condemned by the laws
of his country, he could save himself only by violating these laws.
This is what Plato has expressed in the dialogue entitled _Crito_. The
laws of the country are represented as addressing a speech to Socrates; it
is called the _Prosopopoeia[62] of Crito_:
Public-domain text, read in full here on John Shaqi.
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