Types of Laws

If the whole is to be set in order, and the commonwealth put into the best possible shape, there are various relations to be considered. First, there is the action of the complete body upon itself, the relation of the whole to the whole, of the Sovereign to the State; and this relation, as we shall see, is made up of the relations of the intermediate terms.

If the whole is to be organized and the commonwealth given the best possible form, several relationships must be considered. First, there is the way the entire body acts on itself. This is the relationship of the whole to the whole, of the Sovereign to the State. As we shall see, this relationship is made up of the relationships between the parts that connect them.

The laws which regulate this relation bear the name of political laws, and are also called fundamental laws, not without reason if they are wise. For, if there is, in each State, only one good system, the people that is in possession of it should hold fast to this; but if the established order is bad, why should laws that prevent men from being good be regarded as fundamental? Besides, in any case, a people is always in a position to change its laws, however good; for, if it choose to do itself harm, who can have a right to stop it?

The laws governing this relationship are called political laws. They are also called fundamental laws, and rightly so if they are wise. For if each State has only one good system, a people that has that system should hold on to it. But if the established order is bad, why call laws fundamental when they prevent people from being good? Besides, a people can always change its laws, however good those laws may be. For if a people chooses to harm itself, who can have the right to stop it?

The second relation is that of the members one to another, or to the body as a whole; and this relation should be in the first respect as unimportant, and in the second as important, as possible. Each citizen would then be perfectly independent of all the rest, and at the same time very dependent on the city; which is brought about always by the same means, as the strength of the State can alone secure the liberty of its members. From this second relation arise civil laws.

The second relationship is between members themselves, or between members and the community as a whole. Their ties to one another should be as weak as possible, and their ties to the community as strong as possible. Each citizen would then be completely independent of all the others, yet highly dependent on the city. This balance is always achieved by the same means, since only the State’s strength can secure its members’ freedom. Civil laws arise from this second relationship.

We may consider also a third kind of relation between the individual and the law, a relation of disobedience to its penalty. This gives rise to the setting up of criminal laws, which, at bottom, are less a particular class of law than the sanction behind all the rest.

We may also consider a third relationship between the individual and the law: the link between disobedience and punishment. This relationship gives rise to criminal laws. At bottom, criminal laws are less a separate type of law than the penalties that enforce all other laws.

Along with these three kinds of law goes a fourth, most important of all, which is not graven on tablets of marble or brass, but on the hearts of the citizens. This forms the real constitution of the State, takes on every day new powers, when other laws decay or die out, restores them or takes their place, keeps a people in the ways in which it was meant to go, and insensibly replaces authority by the force of habit. I am speaking of morality, of custom, above all of public opinion; a power unknown to political thinkers, on which none the less success in everything else depends. With this the great legislator concerns himself in secret, though he seems to confine himself to particular regulations; for these are only the arc of the arch, while manners and morals, slower to arise, form in the end its immovable keystone.

Alongside these three kinds of law is a fourth, the most important of all. It is not carved into marble or bronze tablets, but into citizens’ hearts. This fourth kind of law forms the State’s true constitution and grows stronger every day. When other laws weaken or disappear, it restores them or takes their place. It keeps a people on its intended path and gradually replaces authority with the force of habit, without anyone noticing. I am speaking of morality, custom, and above all, public opinion. Political thinkers do not recognize this power, yet success in everything else depends on it. The great lawgiver works on this power in secret, though he seems to focus only on specific regulations. For these regulations are only the curve of the arch. Manners and morals take longer to develop, but eventually form the arch’s unshakable keystone.

Among the different classes of laws, the political, which determine the form of the government, are alone relevant to my subject.

Of the different types of laws, only political laws are relevant to my subject. These laws determine the form of government.