Nobody may be punished for a fact that the governing power has not submitted to a penalty.

Frédéric Bastiat
Complete Works, Volume 7, pages 10 to 14 (in French)
February 11th, 1838

We are here confronted to a text that is difficult to comprehend. It is a review of a “reflexion” written by Félix Coudroy answering to an “indictment” by Charles Dupin. The topic of the discussion is duels but I do not know where to find either text. As a consequence, the article by Frédéric Bastiat looks like a commentary on a text presenting opposing thesis we do not know.

Following an introduction in which he exposes the very French centralisation that gives more importance to a text published in Paris than one published anywhere else in France, he considers the issue showing the legal issues pertaining to duels that appear as private justice to tackle the very difficult issue that is honour. Today, the legislation framing libel, with all its imperfections, is predominant but at the time, these issues were tackled through duels for a cost that is unacceptable (death in lots of cases) in arguable circumstances (undermining honour is not really a fact but a judgement of variable understanding).

Nonetheless, I managed to note today’s quote which is of universal reach, at the core of the Rule of Law. In a society that claims to be liberal, applicable penalties need to be defined and predictable. It is often not the case under a totalitarian regime that abuses arbitrary judgements to  punish its citizens. This approach is key, let’s not forget it.