"Laws undertake to punish only overt acts"
About this Quote
The specific intent here is restraint. Montesquieu is writing in the long shadow of absolutism and religious persecution, when authorities routinely treated conscience as contraband. By insisting on “overt acts,” he’s defending due process and predictability: a legal system should judge observable conduct, not the invisible soup of intention that can be “discovered” or fabricated by whoever holds power. It’s also a warning about how easily morality turns into policing. Criminalizing thought or “impure” desire invites selective enforcement, because suspicion is infinitely expandable and proof becomes a performance.
The subtext is that freedom isn’t just the ability to act; it’s the right to keep parts of yourself non-legible to the state. Montesquieu’s broader project in The Spirit of the Laws was to design institutions that assume human fallibility. This line fits: laws should be modest about what they can know, because the moment they pretend omniscience, they create the conditions for cruelty dressed up as order.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Montesquieu, Charles de. (2026, January 18). Laws undertake to punish only overt acts. FixQuotes. https://fixquotes.com/quotes/laws-undertake-to-punish-only-overt-acts-2812/
Chicago Style
Montesquieu, Charles de. "Laws undertake to punish only overt acts." FixQuotes. January 18, 2026. https://fixquotes.com/quotes/laws-undertake-to-punish-only-overt-acts-2812/.
MLA Style (9th ed.)
"Laws undertake to punish only overt acts." FixQuotes, 18 Jan. 2026, https://fixquotes.com/quotes/laws-undertake-to-punish-only-overt-acts-2812/. Accessed 12 Feb. 2026.










