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Ask him what
are the Laws of
nature? They are
such & such steps

If it is possible that one account of the pretended
Laws of Nature can be more confused than
another, it is that of Montesquieu. In speculating
upon the condition situation of man in a
state of nature (by which state he seems not
to have very well known what he meant) he
thinks of he thought what he imagines they
would do: 4 steps which he imagines they
would + +(ought or ought
not is what comes
not under his consideration.)
take. The 1st is to make And these 4 steps he calls
Laws of Nature. The 1st is to make peace run away
The from each other, which he calls and this he calls the Law of Peace: The
2d is to eat their victuals: The 3d one knows
not what to make of it consists of 3 or 4 things
jumbled together in the strangest manner imaginable.
People would then come together again,1
because each would see that the rest were as
much afraid of him as he of them: and because
an animal (that is the animal in question)
man [+] [+] (For he hardly means
I suppose that 2
men would be glad
to see one another because
two Tigers
supposing it true
perhaps, would
be glad to see one
naturally feels a pleasure at the approach of another
animal that is people would come together; because they are naturally
disposed to run away from each other, & because
they are naturally disposed to come together
Then says he the chase which the 2 sexes inspire
by their difference would augment this
pleasure; and out of all this, viz: The They
coming together of people of the same sex without a motive, & for the ma the coming
together of people of two of /sexual he may the same sex different sexes by the
venereal motive he makes his this same 3d Law, which
is "the natural request which people of different
sexes are always making one another.
The last Law of them all is, the desire of what? why just the
same in other words as the desire of we had before: the desire
of living in Society — And this same desire
comes of their getting knowledge (desconnissances)
over and above the sentiment
(sentiment) they had at first: and so "they have
a 2d tie which other animals have not."
What is knowledge as contradistinguished
from the sentiment? In this a 2d tie which
animals/men have, of them as well as the 2d tie which
animals have not are only a 2d tie which animals men
have, & the first & only tie that
animals have ? And in another case what was the 1st tie?

And how comes it that men are linked together made to have a desire

There is a certain
set of particulars Rules drawn
from the one proper
nature of things, which
meet with
of beings
called Regulations
of Police, which
having got in in
the train of the
Civil Law, ran
riot all of a sudden in the four
& twentieth chapter,
through off their
& set up
for themselves &
cut a large slice
out of the Belly
of their lender: who
besides this gets a shrewd
rest from another
party of Outlaws
who in the 25. These call themselves
particulars rules
drawn form the
peculiar nature
of things: and in
this particular
manner the Book

INTROD. Montesquieu's Laws of Nature.

---page break---

As to the rest one preceives that that sort of a
Law of nature which is imagined from the
conceit of what men would do, or the observation
of which they do do, has nothing to do
with that other sort of a Law of nature which is
supposed from the notion of what they ought
to do, whether they do or not.

What magic is that could raise to such a heighth of reputation could give such reputation
to a
work which in the fundamental
part of it opens with such rhapsody ies: many
just sentiments in detail among the details, a constant flow of
genuine philanthropy, the advantage of coming
the first wit after an eternal dynasty
a brilliant imagination of pedants, and an original case & vivacity
of stile. O D'Alembert, feeling panegyrist
of thy departed friend, great was indeed
was his merit: but those wouldst not have
thus written.

Voltaire here seen has seen this
and confessed: and
Voltaire therefore 2 [+] has
been accused of envy.
v. Charactere de Voltaitre
peut per lui meme

.. [+] By men of the
same stamp by whom
Montesqueiu as a champion
of truth is holden held in

As to Give in society by a tie which other animals
have not; which other animals have many of them
the said desire of living in society notwithstanding

This is the 2d chapter: the first is like unto it stiled worse not much better
the 3d is like unto it.

Let us acknowledge what
we owe to him by discrediting the gibberish
that went weaning men from before him
Let us do every thing, lest
offer up any thing but the truth for
increase to his shade

Four more sorts of Laws £ 10. Ch. 3 pt I. p. 219.
& classed particular sort of a Law of Nature that Law of natural light, the Law which forms Political
Societies; & the Law
derived drawn from the
thing itself.

But it is the 28th Book that contains the Battle
general Royal of the Laws: Tis there that the we have a
following Laws are all set Pell-Mell together Natural Law, a Divine Law an Ecclesiastical or Canon
Law, a Law of Nations, a Politic Law, a Law
of Conquest by the ears a Law Civil Law, [inspired] a Domestic
Law, or sorts of Laws, all independent. & to [+]
such a degree independent,
that they
are eternally at
variance. loggerheads

It is to be observed, that the Natural Law we
have got here is quite another sort of thing from
those Laws of Nature we were told of in the
1st Book — It is no longer of that sort according
to which men actually do or do not do so &
so, but according to which they might or ought
not to do so & so. Would we wish to know the Articles
of it? they are no where set in order he must ride a hunting for them
no where through the chapter formally announced, but start up here
& there just as they happen to be called for.
Would we know their title to this magnificent
appellation? It is the word of Montesquieu.

Each of these has its
name: best and is be asked
in at the front door
but there are others
besides whose nobody
knows, & who somehow
or other have
scrambled in at the
window Battle of the Elements
in Malton.

Law Porridge.

so nearly altered on this
time only of the as it
was liable to be
to the other

And lest you should imagine it was the same
power which taking so many different names from
so many divisions of it's object, there are 25
chapters in the Book, the greatest part of which are
taken up in satisfying you upon the word of Montesquieu
when of two of them one bids you do one
thing & the other of them another which you are to obey

We are told No man can serve
two Masters: here are
8 of them, & all not told.

During this terrible age,
what is the condition of the subject?

Identifier: | JB/063/043/002
"JB/" can not be assigned to a declared number type with value 63.


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law in general

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introd. montesquieu's laws of nature





text sheet

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jeremy bentham


[[watermarks::gr [crown motif] [lion with vryheyt motif]]]


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