Of Crimes and Punishments
Of the Obscurity of Laws.
If the power of interpreting laws be an evil, obscurity in
them must be another, as the former is the consequence of the latter. This evil
will be still greater if the laws be written in a language unknown to the
people; who, being ignorant of the consequences of their own actions, become
necessarily dependent on a few, who are interpreters of the laws, which,
instead of being public and general, are thus rendered private and particular.
What must we think of mankind when we reflect, that such is the established
custom of the greatest part of our polished and enlightened Europe? Crimes will
be less frequent in proportion as the code of laws is more universally read and
understood; for there is no doubt but that the eloquence of the passions is
greatly assisted by the ignorance and uncertainty of punishments.
Hence it follows, that, without written laws, no society
will ever acquire a fixed form of government, in which the power is vested in
the whole, and not in any part of the society; and in which the laws are not to
be altered but by the will of the whole, nor corrupted by the force of private
interest. Experience and reason show us that the probability of human
traditions diminishes in proportion as they are distant from. their sources.
How then can laws resist the inevitable force of time, if there be not a
lasting monument of the social compact.
Hence we see the use of printing, which alone makes the
public, and not a few individuals, the guardians and defenders of the laws. It
is this art which by diffusing literature, has gradually dissipated the gloomy
spirit of cabal and intrigue. To this art it is owing that the atrocious crimes
of our ancestors, who were alternately slaves and tyrants, are become less
frequent. Those who are acquainted with the history of the two or three last
centuries may observe, how from the lap of luxury and effeminacy have sprung
the most tender virtues, humanity, benevolence, and toleration of human errors.
They may contemplate the effects of what was so improperly called ancient
simplicity and good faith; humanity groaning under implacable superstition, the
avarice and ambition of a few staining with human blood the drones and palaces
of kings, secret treasons and public massacres, every noble a tyrant over the
people, and the ministers of the gospel of Christ bathing their hands in blood
in the name of the God of all mercy. We may talk as we please of the corruption
and degeneracy of the present age, but happily we see no such horrid examples
of cruelty and oppression.
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