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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. ”
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. ”
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 lawgiver ought to be gentle, lenient and humane. The lawgiver ought to be a skilled architect who raises his building on the foundation of self-love, and the interest of all ought to be the product of the interests of each. ”
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. ”
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 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. ”
When the code of laws is once fixed, it should be observed in the literal sense, and nothing more is left to the judge than to determine whether an action is or is not conformable to the written law. ”
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. ”