The law, such as the legislature of these days manufactures it, has not
the virtue we attribute to it. It strikes unequally; it is so modified
in many of its modes of application that it virtually refutes its own
principles. This fact may be noted more or less distinctly throughout
all ages. Is there any historian ignorant enough to assert that the
decrees of the most vigilant of powers were ever enforced throughout
France?--for instance, that the requisitions of the Convention for
men, commodities, and money were obeyed in Provence, in the depths of
Normandy, on the borders of Brittany, as they were at the great centres
of social life? What philosopher dares deny that a head falls to-day in
such or such department, while in a neighboring department another head
stays on its shoulders though guilty of a crime identically the same,
and often more horrible? We ask for equality in life, and inequality
reigns in law and in the death penalty!
When the population of a town falls below a certain figure the
administrative system is no longer the same. There are perhaps a hundred
cities in France where the laws are vigorously enforced, and there the
intelligence of the citizens rises to the conception of the problem of
public welfare and future security which the law seeks to solve; but
throughout the rest of France nothing is comprehended beyond immediate
gratification; people rebel against all that lessens it. Therefore in
nearly one half of France we find a power of inertia which defeats all
legal action, both municipal and governmental. This resistance, be it
understood, does not affect the essential things of public polity.
The collection of taxes, recruiting, punishment of great crimes, as a
general thing do systematically go on; but outside of such recognized
necessities, all legislative decrees which affect customs, morals,
private interests, and certain abuses, are a dead letter, owing to the
sullen opposition of the people. At the very moment when this book
is going to press, this dumb resistance, which opposed Louis XIV. in
Brittany, may still be seen and felt. See the unfortunate results of
the game-laws, to which we are now sacrificing yearly the lives of some
twenty or thirty men for the sake of preserving a few animals.
Public-domain text, read in full here on John Shaqi.
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