12.1. 1. Idea of this Book.
It is not sufficient to have treated of
political liberty in relation to the constitution; we must examine it
likewise in the relation it bears to the subject.
We have observed that in the former case it arises from a certain
distribution of the three powers; but in the latter, we must consider it
in another light. It consists in security, or in the opinion people have
of their security.
The constitution may happen to be free, and the subject not. The
subject may be free, and not the constitution. In those cases, the
constitution will be free by right, and not in fact; the subject will be
free in fact, and not by right.
It is the disposition only of the laws, and even of the fundamental
laws, that constitutes liberty in relation to the constitution. But as
it regards the subject: manners, customs, or received examples may give
rise to it, and particular civil laws may encourage it, as we shall
presently observe.
Further, as in most states liberty is more checked or depressed than
their constitution requires, it is proper to treat of the particular
laws that in each constitution are apt to assist or check the principle
of liberty which each state is capable of receiving.
