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Front Page arrow Titles (by Subject) arrow Chap. VI.... Laws which appear to be the same have not uniformly the same effect. - A Commentary and Review of Montesquieu's 'Spirit of Laws'

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Chap. VI…. Laws which appear to be the same have not uniformly the same effect. - Antoine Louis Claude, Comte Destutt de Tracy, A Commentary and Review of Montesquieu’s ’Spirit of Laws’ [1811]

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A Commentary and Review of Montesquieu’s ’Spirit of Laws’: To which are annexed, Observations on the Thirty First Book by the late M. Condorcet; and Two Letters of Helvetius, on the Merits of the same Work, trans. Thomas Jefferson (Philadelphia: William Duane, 1811).

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Chap. VI.... Laws which appear to be the same have not uniformly the same effect.

The law of Cæsar was unjust and absurd: what, then, would the tyranny of this man have been, though so clement, if he had arrogated to himself the right of searching the houses of citizens, and of taking away their money; and if he did not intend to employ such means, of what use were his laws? Besides, it would only have augmented debts, and could have been useful to the debtor only, by diminishing the interest of money: now the freedom of commerce is the only means of producing this effect; all other laws are only calculated to raise interest above its natural rate. The law of Cæsar was probably a robbery, which for law, is abominable. See Dio. Cassius, book 49.