Single Idea 20010

[catalogued under 25. Social Practice / D. Justice / 3. Punishment / a. Right to punish]

Full Idea

When religion teaches that human actions are predetermined, penalties imposed by law ought to be more severe, for without these measures men would behave with complete abandon. If the dogma of religion is free will, the situation is altogether different.

Gist of Idea

If religion teaches determinism, penalties must be severe; if free will, then that is different

Source

Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 24.14)

Book Reference

Montesquieu,Baron de: 'Selected Political Writings', ed/tr. Richter,Melvin [Hackett 1990], p.234


A Reaction

Presumably persuasion and influence come into the free will picture. Calvinist Geneva was determinist, and Catholic France for free will.