Theft, incest, infanticide, parricide, all have found a place among virtuous actions. Can there be any thing more absurd than that a man should have the right to kill me because he lives across the water, and because his prince has a quarrel with mine, although I have none with him? There are no doubt natural laws, but fair reason once corrupted has corrupted all. Nihil amplius nostrum est; quod nostrum dicimus, artis est. Ex senatus consultis, et plebiscitis crimina exercentur. Ut olim vitiis, sic nunc legibus laboramus.
From this confusion it results that one declares the essence of justice to be the authority of the legislator, another, the convenience of the sovereign, another, existing custom, and this is the most sure; nothing which follows reason alone is just in itself, all shifts and changes with time; custom creates equity, by the simple reason that this is received. It is the mystical foundation of its authority, whoever carries it back to first principles annihilates it. Nothing is so faulty as those laws which correct faults. Whoever obeys them because they are just, obeys an imaginary justice, not law in its essence; it is altogether self-contained, it is law and nothing more. Whoever will examine its motive will find it so feeble and so slight that if he be not used to contemplate the marvels of human imagination, he will wonder that a single century has gained for it so much pomp and reverence. It is the art of disturbance and of revolution to shake established customs, sounding them to their source, to mark their want of authority and justice. We must, it is said, return to the primitive and fundamental laws of the State, abolished by unjust custom. It is a game wherein we are sure to lose all; in this balance nothing would be true, yet the people easily lends an ear to such talk as this. They shake off the yoke as soon as they recognise it, and the great profit by its ruin, and by the ruin of those who have too curiously examined recognised customs. This is why the wisest of law givers said that it was often necessary to cheat men for their good, and another, a good politician, Quum veritatem qua liberetur ignoret, expedit quod fallatur. We ought not to feel the truth that law is but usurpation; it was once introduced without reason, and has become reasonable; it is necessary to cause it to be regarded as eternal and authoritative, and to conceal the beginning if we do not wish it should soon come to an end.
I have passed much of my life believing that justice existed, and in this I did not deceive myself, for there is justice according as God has willed to reveal it to us. But I did not take it so, and in that I deceived myself, for I believed that our justice was essentially just, and that I had that whereby I was able to know and judge of it. But I so often find that my right judgment was at fault, that at last I have begun to distrust myself, and then others. I saw in all countries that men change, and thus after many changes of judgment concerning true justice, I recognised that our nature was a continual change, and I have not changed since; were I to change I should but strengthen my opinion. The sceptic Archesilas became a dogmatist.
The most unreasonable things in the world become most reasonable, because of the unruly lives of men. What is less reasonable than to choose the eldest son of a queen to guide a state? for we do not choose as steersman of a ship that one of the passengers who is of the best family. Such a law would be ridiculous and unjust; but since they are so themselves, and ever will be, it becomes reasonable and just. For would they choose the most virtuous and able, we at once fall to blows, since each asserts that he is the most virtuous and able. Let us then affix this quality to something which cannot be disputed. This man is the king's eldest son. That is clear, and there is no dispute. Reason can do no better, for civil war is the worst of evils.
Men of unruly lives assert that they alone follow nature, while those who are orderly stray from her paths; as passengers in a ship think that those move who stand upon the shore. Both sides say the same thing. There must be a fixed point to enable us to judge. The harbour decides the question for those who are in the vessel, but where can we find the harbour in morals?
When all moves equally, nothing seems to move, as in a ship. When all tend to vice, none appears to do so. Whoever stops draws attention to the onward movement of others, as does a fixed point.
Justice is what is established, and thus all our established laws are necessarily held to be just without being examined, because they are established.
Justice.—As fashion makes what is agreeable, so it makes what is just.
Our natural principles are but principles of custom. In children natural principles are those which they have received from the habits of their fathers, as hunting in animals.