The Eve of the French RevolutionLowell, Edward J. (Edward Jackson)
History
The Eve of the French Revolution
Lowell, Edward J. (Edward Jackson)
France -- History -- Revolution, 1789-1799 -- Causes; France -- Social conditions -- 18th century
"There are certain ideas of uniformity," says Montesquieu, "which
sometimes take possession of great minds (for they touched Charlemagne),
but which invariably strike small ones. These find in them a kind of
perfection which they recognize, because it is impossible not to see it;
the same weights in matters of police, the same measures in commerce,
the same laws in the state, the same religion in all its parts. But is
this always desirable without exceptions? Is the evil of changing always
less than the evil of suffering? And would not the greatness of genius
rather consist in knowing in what case uniformity is necessary, and in
what case difference? In China, the Chinese are governed by the Chinese
ceremonies, and the Tartars by Tartar ceremonies; yet this is the nation
in all the world which is most devoted to tranquillity. So long as the
citizens obey the law, what matters it that they shall all obey the
same?"
This chapter (the whole of it is given above, and it may pass in the
"Spirit of the Laws" for one of middling length), is, according to
Condorcet, "one of those which have acquired for Montesquieu the
indulgence of all prejudiced people, of all who hate intellectual light;
of all protectors of abuses, etc." And after going on with his invective
for some time, Condorcet states the substance of his argument as
follows: "As truth, reason, justice, the rights of men, the interest of
property, of liberty, of security, are the same everywhere, we do not
see why all the provinces of one state, or even why all states should
not have the same criminal laws, the same civil laws, the same laws of
commerce, etc. A good law must be good for all men, as a true
proposition is true for all. The laws which appear as if they should be
different for different countries, either pronounce on objects which
should not be regulated by laws, like most commercial regulations, or
are founded on prejudices and habits which should be uprooted; and one
of the best means of destroying them is to cease to sustain them by
laws."[Footnote: Montesq., v. 412 (liv. xxix. c. 18). Condorcet, i.
377. Yet Condorcet speaks elsewhere of Montesquieu as having made a
revolution in men's minds on the subject of law. D'Alembert, i. 64
(Condorcet's _Éloge de d'Alembert_). Rousseau also teaches that all
laws and institutions are not adapted to all nations, but it is because
he considers most nations childish or effete.]
Public-domain text, read in full here on John Shaqi.
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