According to this sublime hypothesis, the whole universe forms one immense commonwealth of gods and men, who participate of the same essence, and are members of the same community. Reason prescribes the law of nature and nations; and all positive institutions, however modified by accident or custom, are drawn from the rule of right which the Deity has inscribed on every virtuous mind. Some actions, therefore, are just in their own nature, and ought to be performed, not because we live in a society where positive laws punish those who pay no regard to them, but for the sake of that equity which accompanies them, independently of human ordinances. These principles may be applicable to laws in a certain sense; but, in fact, it is rather moral right and justice than laws that the author discusses--for bad or pernicious laws he does not admit to be laws at all. To do justice, to love mercy, and to worship God with a pure heart, were, doubtless, laws in his meaning, (that is, they were right,) previous to their enactment, and no human enactment to the contrary could abrogate them. His principles, however, apply to laws in this sense, and not to arbitrary civil institutions.
Having, in the first discourse, laid open the origin of laws, and source of obligations, he proceeds, in the remaining books, to set forth a body of laws conformable to his own plan and ideas of a well-ordered state;--announcing, in the first place, those which relate to religion and the worship of the gods; secondly, such as prescribe the duties and powers of magistrates. These laws are, for the most part, taken from the ancient government and customs of Rome, with some little modification calculated to obviate or heal the disorders to which the republic was liable, and to give its constitution a stronger bias in favour of the aristocratic faction. The species of instruction communicated in these two books, has very little reference to the sublime and general principles with which the author set out. Many of his laws are arbitrary municipal regulations. The number of the magistrates, the period of the duration of their offices, with the suffrages and elections in the Comitia, were certainly not founded in the immutable laws of God or nature; and the discussion concerning them has led to the belief, that the second and third books merely comprehended a collection of facts, from which general principles were to be subsequently deduced.