Justice, Administration of; Law -- Philosophy; Law and socialism; Property; Socialism and liberty
His resources dictate to him his duties. The first thing he has to
consider is his local position. If he is on a clayey soil, he must do so
and so. If he has to contend with sand, this is the way in which he must
set about it. Every facility is open to the agriculturist who wishes to
clear and improve his soil.
If he only has the skill, the manure which he has at his disposal will
suggest to him a plan of operation, which a professor can only vaguely
trace, and in a way that would be subject to the uncertainty of all
hypotheses, which vary and are complicated by an
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infinity of circumstances too difficult to foresee and to combine.
But, oh! sublime writers, deign to remember sometimes that this clay,
this sand, this manure, of which you are disposing in so arbitrary
a manner, are men, your equals, intelligent and free beings like
yourselves, who have received from God, as you have, the faculty of
seeing, of foreseeing, of thinking, and of judging for themselves!
MABLY--(He is supposing the laws to be worn out by time and by the
neglect of security, and continues thus):
Under these circumstances, we must be convinced that the
bonds of Government are slack. Give them a new tension (it
is the reader who is addressed), and the evil will be
remedied.... Think less of punishing the faults than of
encouraging the virtues that you want. By this method you
will bestow upon your republic the vigor of youth. Through
ignorance of this, a free people has lost its liberty! But
if the evil has made so much way that the ordinary
magistrates are unable to remedy it effectually, have
recourse to an extraordinary magistracy, whose time should
be short, and its power considerable. The imagination of the
citizens requires to be impressed.
In this style he goes on through twenty volumes.
There was a time when, under the influence of teaching like this, which
is the foundation of classical education, everyone was for placing
himself beyond and above mankind, for the sake of arranging, organizing,
and instituting it in his own way.
CONDILLAC--
Take upon yourself, my lord, the character of Lycurgus or
of Solon. Before you finish reading
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this essay, amuse yourself with giving laws to some wild
people in America or in Africa. Establish these roving men
in fixed dwellings; teach them to keep flocks.... Endeavor
to develop the social qualities that nature has implanted in
them.... Make them begin to practice the duties of
humanity.... Cause the pleasures of the passions to become
distasteful to them by punishments, and you will see these
barbarians, with every plan of your legislation, lose a vice
and gain a virtue.
Public-domain text, read in full here on John Shaqi.
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