The Online Library of Liberty

A project of Liberty Fund, Inc.

• The Author,: to His Fellow Citizens of the United States of America.
• A Commentary and Review of the Spirit of Laws: Preliminary Observations
• Book I: Of Laws In General
• Book II: Of Laws Originating Directly From the Nature of the Government.
• Book III: Of the Principles of the Three Forms of Government.
• Book IV: The Laws Relating to Education, Should Be Congenial With the Principles of the Government.
• Book V: Laws Formed By the Legislature Should Be Consistent With the Principles of the Government.
• Book VI: Consequences of the Principles of Different Governments, In Relation to the Simplicity of Civil and Criminal Laws, the Forms of Juridical Proceedings, and the Apportionment of Punishments.
• Book VII: Consequences of the Different Principles of the Three Forms of Government, Relative to Sumptuary Laws, to Luxury, and to the Condition of Women.
• Book VIII: Of the Corruption of the Principle In Each of the Three Forms of Government.
• Book IX: Of Laws Relative to the Defensive Force.
• Book X: Of Laws Relative to the Offensive Force.
• Book XI: Of the Laws Which Establish Public Liberty, In Relation to the Constitution.
• Book XII: Of Laws That Establish Political Liberty In Relation to the Citizen.
• A Review.: On the Twelve First Books of the Spirit of Laws.
• Book XIII: Of the Relation Which Taxes, and the Amount of the Public Revenue, Have to Public Liberty.
• Book XIV: Of Laws In Relation to Climate.
• Book Xv the Manner In Which the Laws of Civil Slavery Relate to the Climate.
• Book Xvi How the Laws of Domestic Slavery Relate to the Climate.
• Book Xvii How the Laws of Political Servitude Relate to the Climate.
• Book XVIII: Of Laws In Relation to the Nature of the Soil.
• Book XIX: Of Laws In Relation to the Principles Which Form the General Dispositions, Morals, and Manners of a Nation.
• Book XX: Of Laws In Relation to Commerce, Considered In Its Nature and Different Forms.
• Book Xxi of Laws In Relation to Commerce, Considered With Reference to the Revolutions It Has Undergone.
• Book XXII: Of Laws In Relation to the Use of Money.
• Book XXIII: Of Laws In Relation to Population
• Book XXIV: Of Laws In Relation to a Religious Establishment, Its Practical Operation, and Doctrines.
• Book Xxv of Laws In Relation to a Religions Establishment, and Its Effects On External Policy.
• Book XXVI: Of Laws In Relation to the Nature of Things Upon Which They Decide.
• Book XXVII: Of the Origin and Revolutions of the Roman Laws On Succession.
• Book Xxviii of the Origin and Revolutions of Civil Law Among the Franks.
• Book XXIX: Of the Manner In Which Laws Should Be Composed.
• Book XXX: Theory of the Feudal Laws Among the Franks, Relative to the Establishment of Monarchy.
• Book Xxxi Theory of Feudal Laws, Relative to the Revolutions of Monarchy.
• Observations On the Twenty-ninth Book of the Spirit of Laws, By M. Condorcet By M Condorcet
• Book XXIX.: On the Manner of Forming Laws.
• Chap. I…. of the Spirit of the Legislator.
• Chap. Ii…. Continuation of the Same Subject.
• Chap. Iii…. That Laws Which Appear to Deviate From the Intentions of the Legislator, Are Often Conformable Thereto.
• Chap. Iv…. of Laws Which Clash With the Views of the Legislator.
• Chap. V…. Continuation of the Sane Subject.
• Chap. Vi…. Laws Which Appear to Be the Same Have Not Uniformly the Same Effect.
• Chap. Vii…. Continuation of the Same Subject. the Necessity of Composing Laws In a Proper Manner.
• Chap. Viii…. Laws Which Appear the Same Have Not Always Been Established On the Same Motives.
• Chap. Ix…. the Greek and Roman Laws Punished Suicide From Different Motives.
• Chap. X…. Laws Which Appear Contradictory, Sometimes Originate In the Same Spirit.
• Chap. Xi…. How Shall We Be Able to Compare and Judge Between Two Laws.
• Chap. Xii…. Laws Which Appear the Same, Are Sometimes Really Different.
• Chap. Xiii…. We Should Not Separate the Laws From the Purposes For Which They Were Established: of the Roman Laws Against Theft.
• Chap. Xiv…. Laws Should Not Be Separated From the Circumstances In Which They Were Established.
• Chap. Xv…. It Is Sometimes Proper That the Law Shall Correct Itself.
• Chap. Xvi…. Matters to Be Observed In Composing Laws.
• Chap. Xvii…. Bad Manner of Enacting Laws.
• Chap. Xviii…. of Ideas of Uniformity.
• Chap. Xix…. of Legislators.
• Letters of Helvetius, Addressed to President Montesquieu and M. Saurin, On Perusing the Manuscript of the Spirit of Laws
• Advertisement
• Letter I.: Letter of Helvetius to President Montesquieu
• Letter II.: Helvetius to A. M. Saurin.

Chap. XVIII.... Of ideas of uniformity.

We have now arrived at one of the most curious chapters of the work; it is one of those which obtained for Montesquieu the indulgence of all the prejudiced people, of all those who detest light, of all the protectors and participators in abuse: we shall examine it in detail.

1st. Ideas of uniformity and regularity, please all minds, and particularly sound minds.

2d. Can the great mind of Charlemagne be quoted in the eighteenth century, on the discussion of a philosophical question? It is undoubtedly a stroke of ridicule against those who might entertain the idea that Montesquieu was desirous of combating.

3d. We do not understand what is meant by the same weights in policy, the same measures in commerce. Commerce employs both weights and measures; policy meddles with both, but should really do so for no other purpose than to see that they have their proper quantity and value, and to keep them so, and to regulate them by standards established for this end.

4th. Uniformity of weights and measures can only displease those disciples of chicane, who fear to see the number of suits diminished, and those traders who apprehend the decrease of profit, from whatever contributes to render commercial transactions easy and simple. That which has been proposed for this purpose, with the common approbation of all enlightened men, is to determine on a natural, uniform, and unchangeable standard; to employ it in forming measures of length, superfices, capacity, and weight, so that the successive divisions in smaller weights and measures may be expressed by simple and commodious numbers; for these divisions and proportions, afterwards to be established, in a public and legal manner, and those exact means which natural philosophy furnishes; the exact relation of all the measures used in the country with the new ones, and which would forever put an end to law suits.... at least, on subjects depending on measures of every kind. Such new principles of admeasurement, should be exclusively adopted by the government, the assemblies of the state, the communities, &c. Individuals having the liberty of making use of such measures as they may choose. This change, then, would be effected without any restraint or compulsion, and without troubling commerce.... no one has ever proposed another method.

6th. As truth, reason, justice, the rights of man, the interests of property, of liberty, of security, are in all places the same; we cannot discover why all the provinces of a state, or even all states, should not have the same civil and criminal laws, and the same laws relative to commerce. A good law should be good for all men. A true proposition is true every where. Those laws which appear as if it were necessary they should be different in different countries, or exacted on objects which should not be regulated by general laws, consist for the most part of commercial regulations, or are founded on prejudices and habits which should be extinguished, and one of the best means of doing so, is to cease from giving them the countenance of the laws.

7th. Uniformity in laws may be established without trouble, and without producing any evil effects by the change.

This may be admitted for the establishment of a good criminal jurisprudence, but what trouble could a good civil code produce? It would change the order of the distribution of successions, but no succession in expectation is a right of possession, any more than a right to property declared to be bequeathed in a will, can become the property of the legatee, until after the death of the testator. Conventions made before the new law might preserve all their force, unless contrary to natural rights: conventions are of three kinds; their execution is immediate, or a time is fixed, or they are perpetual. In the two first cases, the performance of contracts made before the new law, might be adjudged according to the old jurisprudence without trespassing on the uniformity of laws; in the last case it might be injurious thereto, but the perpetuity of any convention cannot originate from the supposed right of possession, it is altogether founded on the sanction of the law, and consequently the legislator should in the nature of things, possess the right of changing these conventions, by preserving the original and true right of each of the parties or their heirs.

If an uniform and simple jurisprudence were a established, the first consequence would be that the advantage of the knowlege of forms would no longer be confined exclusively to lawyers; that all men, capable of reading, would be equally capable of comprehending, and conversant in the subject; and it is difficult to imagine that this equality should be considered as an evil.

8th. It is not hazarding any thing to assume that the establishment of an uniformity in social institutions, would give to all the inhabitants of a country precise ideas on objects of the first importance.... a more exact acquaintance with their interests.... and would diminish inequality among men in the common conduct of human affairs.

9th. A farmer general also exclaimed in 1775.... Why make changes, are we not very well us we are? Repugnance to change can only be reasonable in these two cases. 1. When the laws of a country approach so near to reason and justice, and the abuses are so trifling, that no sensible advantage could be expected from a change. 2. When it is supposed that there is no certain principle by which we might direct ourselves in security to the establishment of new laws. Now, all the nations that exist, are far from the first point, and we cannot be any longer of the second opinion.

10th. The greatness of genius is one of those vague expressions which strike little minds and impose upon them.... which please corrupt men, and are adopted by them. Some men, because they see nothing, are fond of believing that light does not exist: others, who fear light, labor under perpetual apprehension lest the people should open their eyes.

11th. When citizens follow the laws, of what consequence is it whether they follow the same laws? It is of consequence to follow good laws, and as it is difficult for two different laws to be equally good, just, and useful, it is of some consequence to them to follow that which is best; it is of consequence that they should follow the same laws, because it tends to establish equality among men. What relation has the ceremonial of the Tartars and Chinese with laws? This article appears to indicate that Montesquieu looked upon legislation as a game, in which it is indifferent whether this or that path be followed, so that the established rule whatever it may be, is adhered to. But this is not true, even of gaming, where the rules, though apparently arbitrary, are almost all founded on reasons which the gamesters indistinctly perceive, and which mathematicians, accustomed to the calculation of probabilities, can explain.