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Monday, March 14, 2011

The Spirit of Laws, Book XII - Of The Laws That Form Political Liberty, In Relation To The Subject

The previous concerned conditions of liberty in government itself.  The liberty of an individual is a different story altogether.  Philosophically, it involves the ability to exercise one's will.  Politically, it concerns the sense of personal security that is necessary for any such exercise to take place.

The laws that impinge on the individual ought to have that aim in mind.  That requires judicial procedures that are fair, predictable, and modest.  Proportional punishment for wrongdoing; fair rules and procedures for evidence; fair accusations-- no bringing ridiculous, but undefensible, charges like witchcraft.

Crimes against the government are especially tricky to define and fairly prosecute, for they always carry the potential and temptation for abuse.  Too often they are charged merely for political revenge.  They are cast onto bystanders or acquaintances too easily.  They impugn mere passing thoughts, or careless actions, or even satirical writing.

The people's sense of security against loss of liberty is improved by punishment for those who hurl false accusations.  It is improved also by laws against terrible abuse of debtors by owners.

[Long discussion of proper behavior on the part of monarchs.  Booooooring.]

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