A law good here may be bad elsewhere
The same law may be good for one people and bad for another: laws must be "adapted to the people for whom they are made".
Peoples differ in climate and customs; a law against their customs makes them unhappy.
"A law good here may be bad elsewhere" is an argument by Montesquieu (The Spirit of the Laws, I, 3 and XIX) on the question "What is a just society?" (answer: virtue and harmony). Its claim: The same law may be good for one people and bad for another: laws must be "adapted to the people for whom they are made". According to AskPhilosophy's logic check (Z3 solver), the argument is valid only if one grants a premise the author leaves unstated (P4). AskPhilosophy presents 3 objections, 2 of them with a documented reply, and the original text behind each premise, checked word for word.
Can we take the best laws of one country and impose them on another? Montesquieu answers that it would be "very unlikely" to work. Each people has a "general spirit", formed by its climate, religion, customs and manners. A law that clashes with this spirit makes the people unhappy. To change customs, example works better than force. Note: he does not say everything is equal. For him justice exists before all laws; what varies is how it is applied.
click a premise to reject it
Without the implicit premise: Without P4, the computer finds a case where the law makes the second people unhappy, is imposed by force, and is still "good" for it: nothing yet links a people's unhappiness to the worth of a law.
Objections
3Each objection is a conversation: click to see who replies and where the debate stands.
Condorcet 1819 · attacks the conclusionA good law must be good for all men, as a true proposition is true for all. Justice, human rights, security and liberty are the same everywhere: why should laws change from one country to another? (Observations on Book XXIX of the Spirit of the Laws, written before his death in 1794, published in 1819.)
Montesquieu replies
A good law must be good for all men, as a true proposition is true for all. Justice, human rights, security and liberty are the same everywhere: why should laws change from one country to another? (Observations on Book XXIX of the Spirit of the Laws, written before his death in 1794, published in 1819.)
Voltaire 1766 · attacks premise 2Montesquieu knows these differences between peoples badly. The author of the Spirit of Laws "amuses himself in quoting the imaginary laws of Tonquin, Bantam, Borneo, and Formosa, upon the report of some travelers, or romancers, or persons misinformed". The basis of morality, the idea of just and unjust, is the same everywhere.
no reply
Montesquieu knows these differences between peoples badly. The author of the Spirit of Laws "amuses himself in quoting the imaginary laws of Tonquin, Bantam, Borneo, and Formosa, upon the report of some travelers, or romancers, or persons misinformed". The basis of morality, the idea of just and unjust, is the same everywhere.
Hume, then the critics of climate theory 1748 · attacks premise 2Climate does not make a people's character: neighbours under the same sky are very different, and a people changes without its climate changing. Moral causes (government, trade, imitation) are what count (Hume, "Of National Characters", 1748). Worse: climate theory was used to present despotism and slavery as natural for some peoples.
Montesquieu replies
Climate does not make a people's character: neighbours under the same sky are very different, and a people changes without its climate changing. Moral causes (government, trade, imitation) are what count (Hume, "Of National Characters", 1748). Worse: climate theory was used to present despotism and slavery as natural for some peoples.