Sunday, May 23, 2010

Quote of the day

"No tyranny is more cruel than that which is practiced in the shadow of the law and with the trappings of justice: that is, one would drown the unfortunate by the very plank by which he would hope to be saved." - Montesquieu

h/t Scott Horton

The American Founding Fathers were influenced by the lessons they drew from a study of antiquity and particularly helped in this process by Montesquieu and his essay of the rise and collapse of liberty in Rome. In Montesquieu’s study of Tiberius, he reflects how the institutions of government were steadily corrupted by those who sought the favor of the emperor. Judges convicted and sentenced anyone of whom Tiberius grew suspicious; senators vied with one another in denouncing their rivals to him. This reflects the weakness of human nature in the face of power, but Montesquieu focuses on how it causes the disintegration of the justice system. There is something particularly pernicious about a situation in which the outer trappings of justice exist, but the substance has been replaced with a craven homage to the power of the executive.

No comments: