Page:Montesquieu - The spirit of laws.djvu/57

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OF LAWS.
5


Book I.
Chap. 2.

CHAP. II.
Of the Laws of Nature.

ANtecedent to all these laws are those of nature, so called because they derive their force entirely from our frame and being. In order to have a perfect knowledge of these laws, we must consider man before the establishment of society: the laws received in such a state would be those of nature.

The law which by imprinting on our minds the idea of a Creator inclines us to him, is the first in importance, though not in order, of natural laws. Man in a state of nature would have the faculty of knowing, before he had any acquired knowledge. Plain it is that his first ideas would not be of a speculative nature; he would think of the preservation of his being, before he would investigate its original. Such a man would feel nothing in himself at first but impotency and weakness; his fears and apprehensions would be excessive; as appears from instances (were there any necessity of proving it) of savages found in forests[1], trembling at the motion of a leaf, and flying from every shadow.

In this state every man, instead of being sensible of his equality, would fancy himself inferior. There would therefore be no danger of their attacking one another; peace would be the first law of nature.

The natural impulse or desire which Hobbes attributes to mankind of subduing one another, is far

  1. Witness the savage found in the forests of Hanover, who was carried over to England under the reign of George I.
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from