A Commentary and Review of Montesquieu's Spirit of Laws
Chap. VII.... Continuation of the same subject. The necessity of composing laws in a proper manner.
19th Century Antoine Louis Claude Destutt de Tracy EnglishThe ostracism was an injustice: we are not criminal for possessing credit, wealth, great talents: it was moreover the means of depriving the republic of its best citizens, who never returned, unless on account of a foreign war or a sedition.
But how is this necessity of composing laws properly, and what would be the consequence, shewn; and how are the principles determined upon which they should be composed, by the example of the two bad laws that had been established in two Greek cities?
It is requisite to give men such laws as are most conformable to justice, to nature, and to reason; and such laws should be composed, so that they may be properly executed and not liable to abuse. The author of the Spirit of Laws extols a law of the Athenians, which was an extremely absurd law.
We no where find an example illustrated, never any discussion, nor any precise principles; but always one or two quotations which generally prove no more than that nothing is more common than bad laws.