This site is dedicated to the memory of Dr. Alan William Smolowe who gave birth to the creation of this database.
Baron de Montesquieu, fully Charles-Louis de Secondat, Baron de La Brède et de Montesquieu
We should never create by law what can be accomplished by morality.
The office of the moral law is that of a pedagogue, to protect and educate us in the use of freedom. At the end of this period of instruction, we are enfranchised from every servitude, even from the servitude of law, since Love made us one in spirit with the wisdom that is the source of Law.
Character | Freedom | Law | Love | Moral law | Office | Servitude | Spirit | Wisdom |
Outward judgment often fails, inward justice never.
Quintilian, fully Marcus Fabius Quintilianus, also Quintillian and Quinctilian NULL
Vice, the opposite of virtue, shows us more clearly what virtue is. Justice becomes more obvious when we have injustice to compare it to. Many such things are proved by their contraries.
Character | Injustice | Injustice | Justice | Virtue | Virtue |
When a law is proposed in the people’s assembly, what is asked of them is not precisely whether they approve of the proposition or reject it, but whether it is in conforming with the general will which is theirs; each by giving his vote gives his opinion on this question, and the counting of votes yields a declaration of the general will. When, therefore, the opinion contrary to my own prevails, this proves only that I have made a mistake, and that what I believed to be the general will was not so. If my particular opinion had prevailed against the general will, I should have done something other than what I had willed, and then I should not have been free. This presupposes, it is true, that all characteristics of the general will are still to be found in the majority; when these cease to be there, no matter what position men adopt, there is no longer any freedom.
Character | Freedom | Giving | Law | Majority | Men | Mistake | Opinion | People | Position | Question | Will |
The fundamental principle of all morals, on the basis of which I have reasoned in all my writings... is that man is naturally good, loving justice and order; that there is absolutely no original perversity in the human heart, and that the first movements of nature are always right.
Character | Good | Heart | Justice | Man | Nature | Order | Right |
Our first duties are to ourselves; our first feelings are centered on self; all our instincts are at first directed to our own preservation and our own welfare. Thus the first notion of justice springs not from what we owe to others, but from what is due to us.
The rule of law is essentially a negative value. The law inevitably creates a great danger of arbitrary power - the rule of law is designed to minimize the danger created by the law itself. Similarly, the law may be unstable, obscure, retrospective, etc., and thus infringe people’s freedom and dignity. The rule of law is designed to prevent his danger as well. Thus the rule of law is a negative virtue in two senses: conformity to it does not cause good except through avoiding evil and the evil which is avoided is evil which could only have been caused by the law itself.
Cause | Character | Conformity | Danger | Dignity | Evil | Freedom | Good | Law | People | Power | Rule | Virtue | Virtue | Danger |