Introduction.



In every human society, there is an effort continually tending to confer on 

one part the height of power and happiness, and to reduce the other to the 

extreme of weakness and misery. The intent of good laws is to oppose this 

effort, and to diffuse their influence universally and equally. But men 

generally abandoned the care of their most important concerns to the 

uncertain prudence and discretion of those whose interest it is to reject 

the best and wisest institutions; and it is not till they have been led into 

a thousand mistakes in matters the most essential to their lives and 

liberties, and are weary of suffering, that they can be induced to apply a 

remedy to the evils with which they are oppressed. It is then they begin to 

conceive and acknowledge the most palpable truths which, from their very 

simplicity, commonly escape vulgar minds, incapable of analysing objects, 

accustomed to receive impressions, without distinction, and to be determined 

rather by the opinions of others than by the result of their own 

examination.



If we look into history we shall find that laws, which are, or ought to be, 

conventions between men in a state of freedom. have been, for the most part 

the work of the passions of a few, or the consequences of a fortuitous or 

temporary necessity; not dictated by a cool examiner of human nature, who 

knew how to collect in one point the actions of a multitude, and had this 

only end in view, the greatest happiness of the greatest number. Happy are 

those few nations who have not waited till the slow succession of human 

vicissitudes should, from the extremity of evil, produce a transition to 

good; but by prudent laws have facilitated the progress from one to the 

other! And how great are the obligations due from mankind to that 

philosopher, who, from the obscurity of his closet, had the courage to 

scatter among the multitude the seeds of useful truths, so long unfruitful!



The art of printing has diffused the knowledge of those philosophical 

truths, by which the relations between sovereigns and their subjects, and 

between nations are discovered. By this knowledge commerce is animated, and 

there has sprung up a spirit of emulation and industry, worthy of rational 

beings. These are the produce of this enlightened age; but the cruelty of 

punishments, and the irregularity of proceedings in criminal cases, so 

principal a part of the legislation, and so much neglected throughout 

Europe, has hardly ever been called in question. Efforts, accumulated 

through many centuries, have never yet been exposed by ascending to general 

principles; nor has the force of acknowledged truths been ever opposed to 

the unbounded licentiousness of ill-directed power, which has continually 

produced so many authorised examples of the most unfeeling barbarity. 

Surely, the groans of the weak, sacrificed to the cruel ignorance and 

indolence of the powerful, the barbarous torments lavished, and multiplied 

with useless severity, for crimes either not proved, or in their nature 

impossible, the filth and horrors of a prison, increased by the most cruel 

tormentor of the miserable, uncertainty, ought to have roused the attention 

of those whose business is to direct the opinions of mankind.



The immortal Montesquieu has but slightly touched on this subject. Truth, 

which is eternally the same, has obliged me to follow the steps of that 

great man; but the studious part of mankind, for whom I write, will easily 

distinguish the superstructure from the foundation. I shall be happy if, 

with him, I can obtain the secret thanks of the obscure and peaceful 

disciples of reason and philosophy, and excite that tender emotion in which 

sensible minds sympathise with him who pleads the cause of humanity.