Montesquieu · 1748

The Spirit of the Laws

Original title
De l'esprit des lois
Language
French
Form
Treatise
Text
Full text
English
Period translation · Nugent translation, vol. 1
Selected
Ben Breen, 2026-09-29; suggested by Claude research agents, 29 Sep 2026
Status
Arguments unverified; quotations chosen by machine, unchecked

  • Q11JUDGMENT

    Should a judge follow a general rule when it produces an unjust result in a particular case?

    Yes. the judge applies the rule. Says judges should be only the mouth that pronounces the words of the law, inanimate beings who cannot moderate its force or severity.

    It is possible that the law, which is clear-sighted in one sense, and blind in another, might in some cases be too severe. But as we have already observed, the national judges are no more than the mouth that pronounces the words of the law, mere passive beings incapable of moderating either its force or rigour. That part therefore of the legislative body, which we have just now observed to be a necessary tribunal on another occasion, is also a necessary tribunal in this; it belongs to its supreme authority to moderate the law in favour of the law itself, by mitigating the sentence.

    OCR corrected

    Book XI, chapter 6, 'De la constitution d'Angleterre' · Wikisource chapter opened; contains 'la bouche qui prononce les paroles de la loi'.