Front Page Titles (by Subject) CHAPTER XII.: Division of the Laws. - Ideal Empires and Republics. Rousseau's Social Contract, More's Utopia, Bacon's New Atlantis, Campanella's City of the Sun
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CHAPTER XII.: Division of the Laws. - Jean-Jacques Rousseau, Ideal Empires and Republics. Rousseau’s Social Contract, More’s Utopia, Bacon’s New Atlantis, Campanella’s City of the Sun 
Ideal Empires and Republics. Rousseau’s Social Contract, More’s Utopia, Bacon’s New Atlantis, Campanella’s City of the Sun, with an Introduction by Charles M. Andrews (Washington: M. Walter Dunne, 1901).
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Division of the Laws.
In order that everything may be duly regulated and the best possible form given to the commonwealth, there are various relations to be considered. First, the action of the whole body acting on itself, that is, the relation of the whole to the whole, or of the sovereign to the State; and this relation is composed of that of the intermediate terms, as we shall see hereafter.
The laws governing this relation bear the name of political laws, and are also called fundamental laws, not without some reason if they are wise ones; for, if in every State there is only one good method of regulating it, the people which has discovered it ought to adhere to it; but if the established order is bad, why should we regard as fundamental laws which prevent it from being good? Besides, in any case, a nation is always at liberty to change its laws, even the best; for if it likes to injure itself, who has a right to prevent it from doing so?
The second relation is that of the members with one another, or with the body as a whole; and this relation should, in respect of the first, be as small, and, in respect of the second, as great as possible; so that every citizen may be perfectly independent of all the rest, and in absolute dependence on the State. And this is always effected by the same means; for it is only the power of the State that secures the freedom of its members. It is from this second relation that civil laws arise.
We may consider a third kind of relation between the individual man and the law, viz, that of punishable disobedience; and this gives rise to the establishment of criminal laws, which at bottom are not so much a particular species of laws as the sanction of all the others.
To these three kinds of laws is added a fourth, the most important of all, which is graven neither on marble nor on brass, but in the hearts of the citizens; a law which creates the real constitution of the State, which acquires new strength daily, which, when other laws grow obsolete or pass away, revives them or supplies their place, preserves a people in the spirit of their institutions, and imperceptibly substitutes the force of habit for that of authority. I speak of manners, customs, and above all of opinion — a province unknown to our politicians, but one on which the success of all the rest depends; a province with which the great legislator is occupied in private, while he appears to confine himself to particular regulations, that are merely the arching of the vault, of which manners, slower to develop, form at length the immovable keystone.
Of these different classes, political laws, which constitute the form of government, alone relate to my subject.
Before speaking of the different forms of government, let us try to fix the precise meaning of that word, which has not yet been very clearly explained.