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 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.
295
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.
296
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.
297
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.
298
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.