Page:Montesquieu - The spirit of laws.djvu/159

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OF LAWS.
107


CHAP. II.
Of the Simplicity of criminal Laws in different Governments.

Book VI.
Chap.2.
WE hear it generally said that justice ought to be administered with us as in Turky. Is it possible then that the most ignorant of all nations should be the most clear sighted in a point that it most behoves mankind to know?

If we examine the set forms of justice in respect to the trouble the subject undergoes in recovering his property, or in obtaining satisfaction for an injury or affront, we shall find them doubtless too many: but if we consider them in the relation they have to the liberty and security of the subject, we shall often find them too few; and we shall be convinced that the trouble, expence, delays, and even the very dangers of our judiciary proceedings, are the price that every subject pays for his liberty.

In Turky, where little regard is shewn to the honor, lives, or estates of the subject, all causes are one way or other quickly decided. The method of determining them is a matter of indifference, provided they be determined. The bashaw, after a quick hearing, orders which party he pleases to be bastinadoed, and then sends them about their business.

Here it would be dangerous to have the passion of litigiousness; this supposes a violent desire of obtaining justice, a strong aversion, a hurry of mind, and an obstinacy in pursuing revenge. All this

should