ations into the chaos that is inseparable from change. It is true that,
owing to some odd chance arising out of the nature rather than out of
the intelligence of mankind, it is sometimes necessary to alter laws,
but the case is very rare and when it does arise it should be handled
with a reverent touch. When it is a question of changing the law, much
ceremony should be observed, and many precautions taken, in order that
the people may be naturally persuaded that laws are sacred things, and
that many formalities must precede any attempt to alter them."
In this passage, as so often elsewhere, Montesquieu is quite
Aristotelian, for Aristotle wrote: "It is evident that at times certain
laws must be changed, but this requires great circumspection for, when
there is little to be gained thereby, inasmuch as it is dangerous that
citizens should be accustomed to find it easy to change the law, it is
better to leave a few errors in our magisterial and legislative
arrangements than to accustom the people to constant change. The
disadvantage of having constant changes in the law is greater than any
risk that we run of contracting a habit of disobedience to the law." For
the law assuredly will be disobeyed, if we regard it as ephemeral,
unstable, and always on the point of being changed.
Some knowledge of the laws of the most important nations, a profound
knowledge of the temperament, character, sentiments, passions, opinions,
prejudices and customs of the nation to which he belongs, moderation of
heart and mind, judgment, impartiality, coolness, nay even a measure of
stolidity, these are the attributes of the ideal legislator. Rather they
are the necessary qualifications of every man who purposes to frame a
good law; they are, indeed, the elementary attributes of a legislator.
We have seen that it is the very opposite quality that democracy likes
and expects of its legislators. It selects incompetent and almost
invariably ignorant men, I have explained why; and its nominees are of a
double distilled incompetence in that their passions would certainly
neutralise their efficiency if they possessed any.
Further we have to observe this curious fact. So entirely does democracy
choose its legislators, because they are dominated by passion, and not
in spite of the fact, chooses them indeed precisely for the reasons for
which it ought to reject them, that any moderate, clear-headed,
practical man who wants to be elected and make use
|