Consequences of the foregoing Principles.



The laws only can determine the punishment of crimes; and the authority of 

making penal laws can only reside with the legislator, who represents the 

whole society united by the social compact. No magistrate then, (as he is 

one of the society,) can, with justice, inflict on any other member of the 

same society punishment that is not ordained by the laws. But as a 

punishment, increased beyond the degree fixed by the law, is the just 

punishment with the addition of another, it follows that no magistrate, even 

under a pretence of zeal, or the public good, should increase the punishment 

already determined by the laws.



If every individual be bound to society, society is equally bound to him, by 

a contract which from its nature equally binds both parties. This 

obligation, which descends from the throne to the cottage, and equally binds 

the highest and lowest of mankind, signifies nothing more than that it is 

the interest of all, that conventions, which are useful to the greatest 

number, should be punctually observed. The violation of this compact by any 

individual is an introduction to anarchy.



The sovereign, who represents the society itself, can only make general laws 

to bind the members; but it belongs not to him to judge whether any 

individual has violated the social compact, or incurred the punishment in 

consequence. For in this case there are two parties, one represented by the 

sovereign, who insists upon the violation of the contract, and the other is 

the person accused who denies it. It is necessary then that there should be 

a third person to decide this contest; that is to say, a judge, or 

magistrate, from whose determination there should be no appeal; and this 

determination should consist of a simple affirmation or negation of fact.



If it can only be proved, that the severity of punishments, though not 

immediately contrary to the public good, or to the end for which they were 

intended, viz. to prevent crimes, be useless, then such severity would be 

contrary to those beneficent virtues, which are the consequence of 

enlightened reason, which instructs the sovereign to wish rather to govern 

men in a state of freedom and happiness than of slavery. It would also be 

contrary to justice and the social compact.