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Proofs of religion.—Morality, Doctrine, Miracles, Prophecies, Types.
In the letter On Injustice can come the ridiculousness of the law that the elder gets all. "My friend, you were born on this side of the mountain, it is therefore just that your elder brother gets everything."
"Why do you kill me?"
He lives on the other side of the water.
"Why do you kill me? What! do you not live on the other side of the water? If you lived on this side, my friend, I should be an assassin, and it would be unjust to slay you in this manner. But since you live on the other side, I am a hero, and it is just."
On what shall man found the order of the world which he would govern?[109] Shall it be on the caprice of each individual? What confusion! Shall it be on justice? Man is ignorant of it.
Certainly had he known it, he would not have established this maxim, the most general of all that obtain among men, that each should follow the custom of his own country. The glory of true equity would have brought all nations under subjection, and legislators would not have taken as their model the fancies and caprice of Persians and Germans instead of this unchanging justice. We should have seen it set up in all the States on earth and in all times; whereas we see neither justice nor injustice which does not change its nature with change in climate. Three degrees of latitude reverse all jurisprudence; a meridian decides the truth. Fundamental laws change after a few years of possession; right has its epochs; the entry of Saturn into the Lion[Pg 84] marks to us the origin of such and such a crime. A strange justice that is bounded by a river! Truth on this side of the Pyrenees, error on the other side.
Men admit that justice does not consist in these customs, but that it resides in natural laws, common to every country. They would certainly maintain it obstinately, if reckless chance which has distributed human laws had encountered even one which was universal; but the farce is that the caprice of men has so many vagaries that there is no such law.
Theft, incest, infanticide, parricide, have all had a place among virtuous actions. Can anything be more ridiculous than that a man should have the right to kill me because he lives on the other side of the water, and because his ruler has a quarrel with mine, though I have none with him?
Doubtless there are natural laws; but good reason once corrupted has corrupted all. Nihil amplius nostrum est;[110] quod nostrum dicimus, artis est. Ex senatus—consultis et plebiscitis crimina exercentur.[111] Ut olim vitiis, sic nunc legibus laboramus.[112]
The result of this confusion is that one affirms the essence of justice to be the authority of the legislator; another, the interest of the sovereign;[113] another, present custom,[114] and this is the most sure. Nothing, according to reason alone, is just in itself; all changes with time. Custom creates the whole of equity, for the simple reason that it is accepted. It is the mystical foundation of its authority;[115] whoever carries it back to first principles destroys it. Nothing is so faulty as those laws which correct faults. He who obeys them because they are just, obeys a justice which is imaginary, and not the essence of law; it is quite self-contained, it is law and nothing more. He who will examine its motive will find it so feeble and so trifling that if he be not accustomed to contemplate the wonders of human imagination, he will marvel that one century has gained for it so much pomp and reverence. The art of opposition and of revolution is to unsettle established customs, sounding them even to their source, to point out their want of authority and justice. We must, it is said, get back to the natural and fundamental laws of the State, which an unjust custom has abolished. It is a game certain to result in the loss of all; nothing will be just on the balance. Yet people readily lend their ear to such arguments. They shake off the yoke as soon as they recognise it; and the great profit by their ruin, and by that of these curious investigators of accepted customs. But from a contrary mistake[Pg 85] men sometimes think they can justly do everything which is not without an example. That is why the wisest of legislators[116] said that it was necessary to deceive men for their own good; and another, a good politician, Cum veritatem qua liberetur ignoret, expedit quod fallatur.[117] We must not see the fact of usurpation; law was once introduced without reason, and has become reasonable. We must make it regarded as authoritative, eternal, and conceal its origin, if we do not wish that it should soon come to an end.
Mine, thine.—"This dog is mine," said those poor children; "that is my place in the sun." Here is the beginning and the image of the usurpation of all the earth.
When the question for consideration is whether we ought to make war, and kill so many men—condemn so many Spaniards to death—only one man is judge, and he is an interested party. There should be a third, who is disinterested.
Veri juris.[118]—We have it no more; if we had it, we should take conformity to the customs of a country as the rule of justice. It is here that, not finding justice, we have found force, etc.
Justice, might.—It is right that what is just should be obeyed; it is necessary that what is strongest should be obeyed. Justice without might is helpless; might without justice is tyrannical. Justice without might is gainsaid, because there are always offenders; might without justice is condemned. We must then combine justice and might, and for this end make what is just strong, or what is strong just.
Justice is subject to dispute; might is easily recognised and is not disputed. So we cannot give might to justice, because might has gainsaid justice, and has declared that it is she herself who is just. And thus being unable to make what is just strong, we have made what is strong just.
The only universal rules are the laws of the country in ordinary affairs, and of the majority in others. Whence comes this?[Pg 86] From the might which is in them. Hence it comes that kings, who have power of a different kind, do not follow the majority of their ministers.
No doubt equality of goods is just; but, being unable to cause might to obey justice, men have made it just to obey might. Unable to strengthen justice, they have justified might; so that the just and the strong should unite, and there should be peace, which is the sovereign good.
