A Philosophical Dictionary, Volume 07 — Voltaire — John Shaqi
A Philosophical Dictionary, Volume 07
Voltaire · en
On the ensuing day, my suit was decided in one of the chambers of
parliament, and I lost everything by a single vote; my counsellor told
me, that in another chamber I should have gained everything by a single
vote. "That is a very curious circumstance," said I: "at that rate each
chamber proceeds by a different law." "That is just the case," said he:
"there are twenty-five commentaries on the common law of Paris: that is
to say, it is proved five and twenty times over, that the common law of
Paris is equivocal; and if there had been five and twenty chambers of
judges, there would be just as many different systems of jurisprudence.
We have a province," continued he, "fifteen leagues distant from Paris,
called Normandy, where the judgment in your cause would have been very
different from what it was here." This statement excited in me a strong
desire to see Normandy; and I accordingly went thither with one of my
brothers. At the first inn, we met with a young man who was almost in a
state of despair. I inquired of him what was his misfortune; he told me
it was having an elder brother. "Where," said I, "can be the great
calamity of having an elder brother? The brother I have is my elder, and
yet we live very happily together." "Alas! sir," said he to me, "the law
of this place gives everything to the elder brother, and of course
leaves nothing for the younger ones." "That," said I, "is enough,
indeed, to disturb and distress you; among us everything is divided
equally; and yet, sometimes, brothers have no great affection for one
another."
These little adventures occasioned me to make some observations, which
of course were very ingenious and profound, upon the subject of laws;
and I easily perceived that it was with them as it is with our garments:
I must wear a doliman at Constantinople, and a coat at Paris.
"If all human laws," said I, "are matters of convention, nothing is
necessary but to make a good bargain." The citizens of Delhi and Agra
say that they have made a very bad one with Tamerlane: those of London
congratulate themselves on having made a very good one with King William
of Orange. A citizen of London once said to me: "Laws are made by
necessity, and observed through force." I asked him if force did not
also occasionally make laws, and if William, the bastard and conqueror,
had not chosen simply to issue his orders without condescending to make
any convention or bargain with the English at all. "True," said he, "it
was so: we were oxen at that time; William brought us under the yoke,
and drove us with a goad; since that period we have been metamorphosed
into men; the horns, however, remain with us still, and we use them as
weapons against every man who attempts making us work for him and not
for ourselves."