Burlamaqui and the Arbitrariness of the Judge

Jean-Jacques Burlamaqui (1695–1748) was born in Geneva, in a well-off family. He is the co-founder of the "École romande du droit naturel”, together with Jean Barbeyrac (1674–1744). Burlamaqui is also the author of two major works: The Principles of natural law (1747) and The Principles of politic law (1751). These books apply jusnaturalism to criminal law. This article sets out to analyse the rules that must be respected by the judge when he officiates. First, it points out why, in Burlamaqui’s treatises, the judge is a sort of guarantor of natural law and social balance. Then, it outlines the obligation of the magistrate to inflict measured punishments.