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Re: Cherchez l'intrus (facile)
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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; quod nostrum dicimus, artis est.40 Ex senatus--consultis et plebiscitis crimina exercentur.[41] Ut olim vitiis, sic nunc legibus laboramus.[42] 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; another, present custom, and this is the most sure. Nothing, according to reason alone, is just 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; whoever carries it back to first principles destroys it. Nothing is so faulty as those laws |
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