Book XXIX.: On the Manner of Forming Laws, Chap. II.... Continuation of the same subject.

I do not understand what is contained in this first chapter; but I know that the spirit of a legislator should be justice. A faithful regard to the laws of nature is all that is properly law. In the regulation of the forms of proceeding, or in particular decisions, he should seek the best method of rendering them conformable to the laws and to truth. It is not by the spirit of moderation, but by the spirit of justice, that criminal laws should be mild, that civil laws should tend to equality, and the laws of the municipal administration to liberty and prosperity.

The two examples quoted are ill chosen. The simplicity of forms is not repugnant to security, whether personal or of property, for the preservation of which only all forms are established. M. Montesquieu seems to believe it, but he no where proves it; and the injustice caused by complicated forms, renders the contrary opinion at least probable.

The second example is preposterous: what is it to the science of composing laws, that Cecilius or Aulus Gellius uttered an absurdity?

By the spirit of moderation, does not M. Montesquieu understand that spirit of uncertainty which alters by a hundred little irrelative motives, the principles of justice, which are in themselves invariable. See chap. 18.