Democracy; France -- Politics and government; Mental efficiency
Voltaire replies: "Is it as a matter of civic virtue that in England a
judge of the King's Bench accepts his appointment?" (It is either a
matter of civic virtue or of profit and interest, and if it is not
profit, it certainly must require considerable civic virtue.) "What! can
we not find men in France willing to judge if we bestow their
appointments upon them gratuitously?" (We certainly can: but they might
be too grateful!) "Can the work of administering justice, disposing of
the lives and fortunes of men, become a family business?" (Well, the
business of bearing arms and disposing of men's lives and fortunes in
civil war was in 1760 a family business. So too the business of being
king, and you do not protest against that!) "It is a pity that
Montesquieu should dishonour his work by such paradoxes, but we must
forgive him; his uncle purchased a provincial magistrate's office and
left it to him. Human nature comes in everywhere. None of us is without
weaknesses."
Montesquieu thinks aristocratic bodies are good things. Voltaire is in
favour of absolute power. Montesquieu would like the judicature to be a
family office, that is to say hereditary like the profession of a
soldier; this would make the judicial profession permanent like other
professions. He demonstrates, as does Suidas, that the purchase system
creates an aristocracy. Voltaire, like Napoleon I., would make his
soldiers, his priests, and his judges, king's men. They should all
belong to the king, body and soul.
Montesquieu had a greater antagonist than Voltaire in Plato. Plato wrote
in his Republic, referring to all judicial offices: "It is as if on
board ship a man were made a pilot for his wealth. Can it be that such a
rule is bad in every other calling, and good only in respect of the
governing of a republic?"
Montesquieu answers Plato (and in anticipation Voltaire) very wittily:
"Plato is speaking of a virtuous republic and I of a mere monarchy.
Under a monarchy if offices were not sold by rule, the poverty and greed
of courtiers would sell them all the same, and chance after all will
give a better result than the choice of a prince."
To sum up, Montesquieu wants the magistracy to be partly hereditary, and
partly recruited from the wealthy classes, an independent, aristocratic
body analogous to the army or the clergy, administering justice with
that technical efficiency which university standards can guarantee, and
with the moral efficiency which is founded on independence, dignity,
public spirit and impartiality.
Public-domain text, read in full here on John Shaqi.
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