Of the importance of religious opinionsNecker, Jacques
Religion
Of the importance of religious opinions
Necker, Jacques
Christianity -- Early works to 1800
the relation of engagements with the political resources, which arise
from commerce and its transactions. There exists thus a multitude of
prohibitions of punishments, or gradations in the penalties, which have
not any connexion but with the general views of the legislation, and
agree not with the circumscribed good sense, which determines the
judgment of individuals. It is then often, by considerations very
extensive and complicated, that an action is criminal or reprehensible
in the eyes of the law: thus, we know not how to erect, on this base
alone, a system of morality, of which every one can have a clear
perception; and since the legislator carefully avoids submitting any
thing to private examination, because he sacrifices often to this
principle natural justice, how then can he wish, at the same time, to
give us for a rule of conduct a political morality, which is all founded
on reasoning?
It is of consequence still to observe, that to the eyes of the greater
number of men, the sense of the laws, and the decrees formed by those
who interpret them, ought necessarily to be identified and blended, and
form only one point of view; and as the judges are frequently exposed to
error, the true spirit of legislation remains often in obscurity, and we
with difficulty discern it.
It is, perhaps, because laws are the work of our understanding, that we
are disposed to grant them a universal dominion: but I will avow, I am
far from thinking that they can ever be substituted instead of the
salutary influence of religion, and that I believe them insufficient
even to regulate the things immediately under their jurisdiction; thus I
would request you to reflect, if the unfortunate errors with which we
reproach criminal tribunals, have not their source in the faults
committed by sovereign authority; when it has referred all the duties of
the judges to the injunctions of the law, and when it has refused to
confide any longer in the conscience and private sentiments of the
magistrates.
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