The greatest happiness of the greatest number.
When a fixed code of laws, which must be observed to the letter, leaves no further care to the judge than to examine the acts of citizens and to decide whether or not they conform to the law as written; then the standard of the just or the unjust, which is to be the norm of conduct for the ignorant as well as for the philosophic citizen, is not a matter of controversy but of fact; then only are citizens not subject to the petty tyrannies of the many which are the more cruel as the distance between the oppressed and the oppressor is less, and which are far more fatal than those of a single man, for the despotism of many can only be corrected by the despotism of one; the cruelty of a single despot is proportioned, not to his might, but to the obstacles he encounters.
Easy, simple and great laws, which await nothing but a sign from the lawgiver to spread prosperity and vigour throughout the nation, laws which would earn him immortal hymns of gratitude down the generations, are those which are least considered or least wanted.
No man ever freely surrendered a portion of his own liberty for the sake of the public good; such a chimera appears only in fiction. If it were possible, we would each prefer that the pacts binding others did not bind us; every man sees himself as the centre of all the world's affairs.
If someone were to say that life at hard labor is as painful as death and therefore equally cruel, I should reply that, taking all the unhappy moments of perpetual slavery together, it is perhaps even more painful, but these moments are spread out over a lifetime, and capital punishment exercises all its power in an instant.
For every criminal case, the judge must construct a perfect syllogism: the major premise must be the general law; the minor premise, whether or not the action in question is in compliance with the law; and the conclusion, acquittal or punishment.
The laws only can determine the punishment of crimes, and the authority of making penal laws can only reside with the legislator, who represents the whole society united by the social compact.
It is impossible to anticipate all of the misdeeds engendered by the universal conflict of human passions. They multiply at a compound rate with the growth in population and the interlacing of particular interests that cannot be directed with geometrical precision towards the public utility.
In every human society, there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other to the extreme of weakness and misery. The intent of good laws is to oppose this effort and to diffuse their influence universally and equally.
The moral and political principles that govern men are derived from three sources: revelation, natural law, and the artificial conventions of society. With regard to its main purpose, there is no comparison between the first and the others; but all three are alike in that they all lead towards happiness in this mortal life.
Our knowledge and all of our ideas are mutually connected; the more complicated they are, the more numerous must be the roads that lead to them and depart from them.
If the same punishment is prescribed for two crimes that injure society in different degrees, then men will face no stronger deterrent from committing the greater crime if they find it in their advantage to do so.
Unless some other factor is operative, in large, weak and underpopulated states, the luxury of ostentation prevails over that of comfort; but in countries which are more populous than extensive, the luxury of comfort always diminishes ostentation.
By 'justice', I understand nothing more than that bond which is necessary to keep the interest of individuals united, without which men would return to their original state of barbarity. All punishments which exceed the necessity of preserving this bond are, in their nature, unjust.
Happy are those few nations that have not waited till the slow succession of human vicissitudes should, from the extremity of evil, produce a transition to good; but by prudent laws have facilitated the progress from one to the other!
I myself owe everything to French books. They developed in my soul the sentiments of humanity which had been stifled by eight years of fanatical and servile education.
If we open our history books, we shall see that the laws, for all that they are or should be contracts amongst free men, have rarely been anything but the tools of the passions of a few men or the offspring of a fleeting and haphazard necessity.
The laws receive their force and authority from an oath of fidelity, either tacit or expressed, which living subjects have sworn to their sovereign, in order to restrain the intestine fermentation of the private interest of individuals.
To show men that crimes can be pardoned, and that punishment is not their inevitable consequence, encourages the illusion of impunity and induces the belief that, since there are pardons, those sentences which are not pardoned are violent acts of force rather than the products of justice.
Men's most superficial feelings lead them to prefer cruel laws. Nevertheless, when they are subjected to them themselves, it is in each man's interest that they be moderate, because the fear of being injured is greater than the desire to injure.
