truth; whilst others, feeble in themselves, require the fupport of power and authority. It would, I fay, carry me too far, were I to prove, that, how odious foever is the empire of force over the opinions of mankind, from whom it only obtains diffimulation followed by contempt; and although it may seem contrary to the spirit of humanity and brotherly love, commanded us by reason, and authority, which we more respect, it is nevertheless neceffary and indispensible. We are to believe, that all these paradoxes are refolved beyond a doubt, and are conformable to the true intereft of mankind, if practifed by a lawful authority. I write only of crimes which violate the laws of nature and the focial contract, and not of fins, even the temporal punishments of which must be determined from other principles than thofe of a limited human philofophy.

CHAP

CHA P. XL.

Of falfe Ideas of Utility.

A PRINCIPAL fource of errors and injustice, are false ideas of utility. For example; that legiflator has falfe ideas of utility, who confiders particular more than general conveniences; who had rather command the fentiments of mankind than excite them, and dares fay to reafon, "Be thou a flave;" who would facrifice a thousand real advantages to the fear of an imaginary or trifling inconvenience; who would deprive men of the use of fire for fear of being burnt, and of water for fear of their being drowned; and who know of no means of preventing evil but by destroying it.

The laws of this nature, are thofe which forbid to wear arms, difarming thofe only who are not difpofed to commit the crime which the laws mean to prevent. Can it be fuppofed, that those who have the courage to violate the most facred laws of humanity, and the most important of the code, will refpect the lefs confiderable and arbitrary injunctions, the violation of which is fo cafy, and of fo little comparative importance?

Does

Does not the execution of this law deprive the fubject of that perfonal liberty, fo dear to mankind and to the wife legislator; and does it not fubject the innocent to all the difagreeable circumstances that fhould only fall on the guilty? It certainly makes the fituation of the affaulted worfe, and the affailants better, and rather encourages than prevents murder, as it requires lefs courage to attack armed than unarmed perfons.

It is a falfe idea of utility, that would give to a multitude of fenfible beings that fymmetry and order, which inanimate matter is alone capable of receiving; to neglect the prefent, which are the only motives that act with force and conftancy on the multitude, for the more diftant, whose impreffions are weak and tranfitory, unlefs increased by that strength of imagination fo very uncommon among mankind. Finally, that is a falfe idea of utility, which, facrificing things to names, feparates the public good from that of individuals.

There is this difference between a state of fociety and a state of nature, that a favage does no more mischief to another than is necessary to procure fome benefit to himself; but a man in fociety is fometimes tempted, from a fault in the laws, to injure another, without any prospect

of

of advantage. The tyrant infpires his vaffals with fear and fervility, which rebound upon him with double force, and are the cause of his torment. Fear, the more private and domestic it is, the less dangerous is it to him who makes it the inftrument of his happiness; but the more it is public, and the greater number of people it affects, the greater is the probability that fome mad, defperate, or defigning perfon will feduce others to his party, by flattering expectations; and this will be the more eafily accomplished, as the danger of the enterprize will be divided amongst a great number, because the value the unhappy fet upon their exiftence is lefs, as their mifery is greater.

CHAP.

CHAP. XLI.

Of the Means of preventing Crimes.

IT is better to prevent crimes, than to pu nish them. This is the fundamental principle of good legislation, which is the art of conducting men to the maximum of happiness, and to the minimum of mifery, if we may apply this mathe matical expreffion to the good and evil of life. But the means hitherto employed for that pur pofè, are generally inadequate, or contrary to the end proposed. It is impoffible to reduce the tumultuous activity of mankind to abfolute regularity; for, midst the various and oppofite attractions of pleasure and pain, human laws are not fufficient entirely to prevent diforders in fo ciety. Such, however, is the chimera of weak men, when invested with authority. To prohibit a number of indifferent actions, is not to prevent the crimes which they may produce, but to create new ones; it is to change at will the ideas of virtue and vice, which, at other times, we are told, are eternal and immutable. To what a fituation fhould we be reduced, if every thing were to be forbidden that might poffibly lead to a crime?