Democracy; France -- Politics and government; Mental efficiency
_He has partly to satisfy them_, or at least, to consider them, because
a law which outraged the national temperament would be like Roland's
mare, which had every conceivable good quality with this one serious
defect, that she was dead, and born dead. Suppose the Romans had been
given an international law decreeing respect for conquered peoples, it
would have been a dead letter, and by a sort of contagion it would have
led to the neglect of other laws. Suppose the French were given a
liberal law, a law prescribing respect for the individual rights of the
man and the citizen. Liberty, the object of such a law, is for the
French, as Baron Joannes has remarked: "The right of each man to do what
he likes and to prevent other men from doing what they like." In France
such a law would never obtain any but a very grudging allegiance, and it
would certainly lead to the neglect of other laws.
The legislator ought therefore to understand the natural idiosyncrasies
of his people in order to know how far he dare venture to oppose them.
_Partly he must combat them_, because law should be to a nation, or
otherwise it is merely a police regulation, what the moral law is to an
individual. Law should be a restraint imposed continuously in the hope
of future improvements. It should be a curb on dangerous passions and
injurious desires. It should aid the warfare of enlightened selfishness
against the selfishness of which all are ashamed. That is what
Montesquieu meant when he said that morals should correct climate, and
laws should correct morals.
The law, therefore, to a certain extent should correct national
tendencies, it should be loved a little because it is felt to be just,
feared a little because it is severe, hated a little because it is to a
certain degree out of sympathy with the prevalent temper of the day, and
respected because it is felt to be necessary.
This is the law that the legislator has to frame, and therefore he ought
to have expert knowledge of the genius of the people for whom he
legislates. He must understand both those tendencies which will resist
and those which will welcome him. He must know how far he can go
unopposed and how much he can venture without forfeiting his authority.
This is the principal and essential qualification for the legislator.
The second, as we said before, is that he must be impartial. The very
essence of the legislator is that he should have moderation, that virtue
on which Cicero set so high a value, which is so rare, if we look to its
real meaning, _the perfect balance of soul and mind_. "It seems to me,"
said Montesquieu: "_and I have written this book solely to prove it_,
that the spirit of moderation is essential in a legislator, for
political, as well as moral right, lies between two extremes."
Public-domain text, read in full here on John Shaqi.
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