Book II, Chapter XI: The Different Systems Of Legislation
Ir we ask precisely wherein consists the greatest good of all, which ought to be the aim of every system of legislation, we shall find that it is summed up in two principal objects, Zer¢y and equality, —liberty, because any individual dependence is so much force withdrawn from the body of the State; equality, because liberty cannot subsist without it. pe
I have already said what civil liberty is. With regard to equality,! we must not understand by this word that the degrees of Bower and wealth should be absolutely the same ; but that, as to ‘power, it should fall short of all violence, and never be exercised except by virtue of station and of the laws; while, as to wealth, no citizen should be rich enough to be able to buy another, and none poor enough to be forced to sell himself, which supposes, on the part of the great, moderation in propérty and influence, and, on the part of ordinary citizens, repression of avarice and covetousness,
It is said that this equality is a chimera of speculation which cannot exist in practical affairs. But if the abuse is inevitable, does it follow that it is unnecessary even to regulate it? It is precisely because the force of circumstances is ever tending to
destroy equality that the force of legislation should always tend to maintain it.
and it is with reference to these relations that we must assign to
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each nation a particular system of institutions, which shall be the best, not perhaps in itself, but for the State for which it is designed. For instance, if the soil is unfruitful and barren, or the country too confined for its inhabitants, turn your attention to arts and manufactures, and exchange their products for the provisions that you require. On the other hand, if you occupy rich plains and tertile slopes, if, ina productive region, you are in need of inhabitants, bestow all your cares on agriculture, which multiplies men, and drive out the arts, which would only end in depopulating the country by gathering together in a few spots the few inhabitants that the land possesses. If you occupy extensive and convenient coasts, cover the sea with vessels and foster commerce apd navigation ; you will have a short and brilliant existence. If the sea on your coasts bathes only rocks that are almost inaccessible, remain fish-eating barbarians ; you will lead more peaceful, perhaps better, and certainly happier lives. In a word, besides the maxims common to all, each nation contains within itself some cause which influences it in a particular way, and rendersgits legislation suitable for it alone. Thus the Hebrews in ancient times, and the Arabs more recently, had religion as their chief object, the Athenians literature, Carthage and Tyre commerce, Rhodes navigation, Sparta war, Rome valour. The author of the Spirit of the Laws has shown in a multitude of instances by what arts the legislator directs his institutions towards each of these objects.°
What renders the constitution of a State really solid and durable is the observance of expediency in such a way that natural relations and the laws always coincide, the latter only serving, as it were, to secure, support, and rectify the former. But if the legislator, mistaken in his object, takes a principle different from that which springs from the nature of things ;if the one tends to servitude, the other to liberty, the one to riches, the other to population, the one to peace, the other to conquests) we shall see the laws imperceptibly weakened and the constitution impaired ; and the State will be ceaselessly agitated until it is destroyed or changed, and invincible nature has resumed her sway.