Montesquieu, Baron de . The Spirit of the Laws
Electronic Text Center, University of Virginia Library
|
The entire work
(
KB
) |
Table of Contents for this work
|
|
All on-line databases
|
Etext Center Homepage
|
Header
Front Matter
Book 1
Book I.
Of Laws in General.
Chapter 1.1
1.
Of the Relation of Laws to
different Beings.
Chapter 1.2
2.
Of the Laws of Nature.
Chapter 1.3
3.
Of Positive Laws.
Book 2
Book II.
Of Laws Directly Derived from the Nature of Government.
Chapter 2.1
1.
Of the Nature of the three different Governments.
Chapter 2.2
2.
Of the Republican Government, and the Laws in relation to
Democracy.
[1]
Chapter 2.3
3.
Of the Laws in relation to the Nature of Aristocracy.
Chapter 2.4
4.
Of the Relation of Laws to the Nature of Monarchical Government.
Chapter 2.5
5.
Of the Laws in relation to the Nature of a despotic Government.
Book 3
Book III.
Of the Principles of the Three Kinds of Government.
Chapter 3.1
1.
Difference between the Nature and Principle of Government.
Chapter 3.2
2.
Of the Principle of different Governments.
Chapter 3.3
3.
Of the Principle of Democracy.
Chapter 3.4
4.
Of the Principle of Aristocracy.
Chapter 3.5
5.
That Virtue is not the Principle of a Monarchical Government.
Chapter 3.6
6.
In what Manner Virtue is supplied in a Monarchical Government.
Chapter 3.7
7.
Of the Principle of Monarchy.
Chapter 3.8
8.
That Honour is not the Principle of Despotic Government.
Chapter 3.9
9.
Of the Principle of Despotic Government.
Chapter 3.10
10.
Difference of Obedience in Moderate and Despotic Governments.
Chapter 3.11
11.
Reflections on the preceding Chapters.
Book 4
Book IV.
That the Laws of Education Ought to Be in Relation to the Principles
of Government.
Chapter 4.1
1.
Of the Laws of Education.
Chapter 4.2
2.
Of Education in Monarchies.
Chapter 4.3
3.
Of Education in a Despotic Government.
Chapter 4.4
4.
Difference between the Effects of Ancient and Modern Education.
Chapter 4.5
5.
Of Education in a Republican Government.
Chapter 4.6
6.
Of some Institutions among the Greeks.
Chapter 4.7
7.
In what Cases these singular Institutions may be of Service.
Chapter 4.8
8.
Explanation of a Paradox of the Ancients in respect to Manners.
Book 5
Book V.
That the Laws Given by the Legislator Ought to Be in Relation to the Principle
of Government.
Chapter 5.1
1.
Idea of this Book.
Chapter 5.2
2.
What is meant by Virtue in a political State.
Chapter 5.3
3.
What is meant by a Love of the Republic in a Democracy.
Chapter 5.4
4.
In what Manner the Love of Equality and Frugality is inspired.
Chapter 5.5
5.
In what Manner the Laws establish Equality in a Democracy.
Chapter 5.6
6.
In what Manner the Laws ought to maintain Frugality in a Democracy.
Chapter 5.7
7.
Other Methods of favouring the Principle of Democracy.
Chapter 5.8
8.
In what Manner the Laws should relate to the Principle of Government
in an Aristocracy.
Chapter 5.9
9.
In what Manner the Laws are in relation to their Principle in
Monarchies.
Chapter 5.10
10.
Of the Expedition peculiar to the Executive Power in Monarchies.
Chapter 5.11
11.
Of the Excellence of a Monarchical Government.
Chapter 5.12
12.
The same Subject continued.
Chapter 5.13
13.
An Idea of Despotic Power.
Chapter 5.14
14.
In what Manner the Laws are in relation to the Principles of
Despotic Government.
Chapter 5.15
15.
The same Subject continued.
Chapter 5.16
16.
Of the Communication of Power.
Chapter 5.17
17.
Of Presents.
Chapter 5.18
18.
Of Rewards conferred by the Sovereign.
Chapter 5.19
19.
New Consequences of the Principles of the three Governments.
Book 6
Book VI.
Consequences of the Principles of Different Governments with Respect to the
Simplicity of Civil and Criminal Laws, the Form of Judgments, and
the Inflicting of Punishments.
Chapter 6.1
1.
Of the Simplicity of Civil Laws in different Governments.
Chapter 6.2
3.
In what Governments and in what Cases the Judges ought to
determine according to the express Letter of the Law.
Chapter 6.3
3.
Of the Manner of passing Judgment.
Chapter 6.4
5.
In what Governments the Sovereign may be Judge.
Chapter 6.5
5.
That in Monarchies Ministers ought not to sit as Judges.
Chapter 6.6
6.
Of a single Magistrate.
Chapter 6.7
7.
Of Accusation in different Governments.
Chapter 6.8
8.
Of the Severity of Punishments in different Governments.
Chapter 6.9
9.
Of the ancient French Laws.
Chapter 6.10
10.
That when People are virtuous few Punishments are necessary.
Chapter 6.11
11.
Of the Power of Punishments.
Chapter 6.12
12.
Insufficiency of the Laws of Japan.
Chapter 6.13
13.
Of the Spirit of the Roman Senate.
Chapter 6.14
14.
Of the Roman Laws in respect to Punishments.
Chapter 6.15
15.
Of the just Proportion between Punishments and Crimes.
Chapter 6.16
16.
Of the Rack.
Chapter 6.17
17.
Of pecuniary and corporal Punishments.
Chapter 6.18
18.
Of the Law of Retaliation.
Chapter 6.19
19.
Of the Punishment of Fathers for the Crimes of their Children.
Chapter 6.20
20.
Of the Clemency of the Prince.
Book 7
Book VII.
Consequences of the Different Principles of the Three Governments
with Respect to Sumptuary Laws, Luxury, and the Condition of Women.
Chapter 7.1
1.
Of Luxury.
Chapter 7.2
2.
Of sumptuary Laws in a Democracy.
Chapter 7.3
3.
Of sumptuary Laws in an Aristocracy.
Chapter 7.4
4.
Of sumptuary Laws in a Monarchy.
Chapter 7.5
5.
In what Cases sumptuary Laws are useful in a Monarchy.
Chapter 7.6
6.
Of the Luxury of China.
Chapter 7.7
7.
Fatal Consequence of Luxury in China.
Chapter 7.8
8.
Of public Continency.
Chapter 7.9
9.
Of the Condition or State of Women in different Governments.
Chapter 7.10
10.
Of the domestic Tribunal among the Romans.
Chapter 7.11
11.
In what Manner the Institutions changed at Rome,
together with the Government.
Chapter 7.12
12.
Of the Guardianship of Women among the Romans.
Chapter 7.13
13.
Of the Punishments decreed by the Emperors against the
Incontinence of Women.
Chapter 7.14
14.
Sumptuary Laws among the Romans.
Chapter 7.15
15.
Of Dowries and Nuptial Advantages in different Constitutions.
Chapter 7.16
16.
An excellent Custom of the Samnites.
Chapter 7.17
17.
Of Female Administration.
Book 8
Book VIII.
Of the Corruption of the Principles of the Three Governments.
Chapter 8.1
1.
General Idea of this Book.
Chapter 8.2
2.
Of the Corruption of the Principles of Democracy.
Chapter 8.3
3.
Of the Spirit of extreme Equality.
Chapter 8.4
4.
Particular Cause of the Corruption of the People.
Chapter 8.5
5.
Of the Corruption of the Principle of Aristocracy.
Chapter 8.6
6.
Of the Corruption of the Principle of Monarchy.
Chapter 8.7
7.
The same Subject continued.
Chapter 8.8
8.
Danger of the Corruption of the Principle of monarchical Government.
Chapter 8.9
9.
How ready the Nobility are to defend the Throne.
Chapter 8.10
10.
Of the Corruption of the Principle of despotic Government.
Chapter 8.11
11.
Natural Effects of the Goodness and Corruption of the
Principles of Government.
Chapter 7.12
12.
The same Subject continued.
Chapter 8.13
13.
The Effect of an Oath among virtuous People.
Chapter 8.14
14.
How the smallest Change of the Constitution is attended with
the Ruin of its Principles.
Chapter 8.15
15.
Sure Methods of preserving the three Principles.
Chapter 8.16
16.
Distinctive Properties of a Republic.
Chapter 8.17
17.
Distinctive Properties of a Monarchy.
Chapter 8.18
18.
Particular Case of the Spanish Monarchy.
Chapter 8.19
19.
Distinctive Properties of a despotic Government.
Chapter 8.20
20.
Consequence of the preceding Chapters.
Chapter 8.21
21.
Of the Empire of China.
Book 9
Book IX.,
Of Laws in the Relation They Bear to a Defensive Force.
Chapter 9.1
1.
In what Manner Republics provide for their Safety.
Chapter 9.2
2.
That a confederate Government ought to be composed of States
of the same Nature, especially of the republican Kind.
Chapter 9.3
3.
Other Requisites in a confederate Republic.
Chapter 9.4
4.
In what Manner despotic Governments provide for their
Security.
Chapter 9.5
5.
In what Manner a Monarchical Government provides for its Security.
Chapter 9.6
6.
Of the defensive Force of States in general.
Chapter 9.7
7.
A Reflection.
Chapter 9.8
8.
A particular Case in which the defensive Force of a State is
inferior to the offensive.
Chapter 9.9
9.
Of the relative Force of States.
Chapter 9.10
10.
Of the Weakness of neighbouring States.
Book 10
Book X.
Of Laws in the Relation They Bear to Offensive Force.
Chapter 10.1
1.
Of offensive Force.
Chapter 10.2
2.
Of War.
Chapter 10.3
3.
Of the Right of Conquest.
Chapter 10.4
4.
Some Advantages of a conquered People.
Chapter 10.5
5.
Gelon, King of Syracuse.
Chapter 10.6
6.
Of Conquest made by a Republic.
Chapter 10.7
7.
The same Subject continued.
Chapter 10.8
8.
The same Subject continued.
Chapter 10.9
9.
Of Conquests made by a Monarchy.
Chapter 10.10
10.
Of one Monarchy that subdues another.
Chapter 10.11
11.
Of the Manners of a conquered People.
Chapter 10.12
12.
Of a Law of Cyrus.
Chapter 10.13
13.
Charles XII.
Chapter 10.14
14.
Alexander.
Chapter 10.15
15.
New Methods of preserving a Conquest.
Chapter 10.16
16.
Of Conquests made by a despotic Prince.
Chapter 10.17
17.
The same Subject continued.
Book 11
Book XI.
Of the Laws Which Establish Political Liberty, with Regard to the Consti-
tution.
Chapter 11.1
1.
A general Idea.
Chapter 11.2
2.
Different Significations of the word Liberty.
Chapter 11.3
3.
In what Liberty consists.
Chapter 11.4
4.
The same Subject continued.
Chapter 11.5
5.
Of the End or View of different Governments.
Chapter 11.6
6.
Of the Constitution of England.
Chapter 11.7
7.
Of the Monarchies we are acquainted with.
Chapter 11.8
8.
Why the Ancients had not a clear Idea of Monarchy.
Chapter 11.9
9.
Aristotle's Manner of Thinking.
Chapter 11.10
10.
What other Politicians thought.
Chapter 11.11
11.
Of the Kings of the heroic Times of Greece.
Chapter 11.12
12.
Of the Government of the Kings of Rome, and in what Manner the
three Powers were there distributed.
Chapter 11.13
13.
General Reflections on the State of Rome after the Expulsion of
its Kings.
Chapter 11.14
14.
In what Manner the Distribution of the three Powers began to
change after the Expulsion of the Kings.
Chapter 11.15
15.
In what Manner Rome, in the flourishing State of that Republic,
suddenly lost its Liberty.
Chapter 11.16
16.
Of the legislative Power in the Roman Republic.
Chapter 11.17
17.
Of the executive Power in the same Republic.
Chapter 11.19
19.
Of the Government of the Roman Provinces.
Chapter 11.20
20.
The End of this Book.
Book 12
Book XII.
Of the Laws That Form Political Liberty, in Relation to the Subject.
Chapter 12.1
1.
Idea of this Book.
Chapter 12.2
2.
Of the Liberty of the Subject.
Chapter 12.3
3.
The same Subject continued.
Chapter 12.4
4.
That Liberty is favoured by the Nature and Proportion of Punishments.
Chapter 12.5
5.
Of certain Accusations that require particular Moderation and Prudence.
Chapter 12.6
6.
Of the Crime against Nature.
Chapter 12.7
7.
Of the Crime of High Treason.
Chapter 12.8
8.
Of the Misapplication of the Terms Sacrilege and High Treason.
Chapter 12.9
9.
The same Subject continued.
Chapter 12.10
10.
The same Subject continued.
Chapter 12.11
11.
Of Thoughts.
Chapter 12.12
12.
Of indiscreet Speeches.
Chapter 12.13
13.
Of Writings.
Chapter 12.14
14.
Breach of Modesty in punishing Crimes.
Chapter 12.15
15.
Of the Enfranchisement of Slaves in order to accuse their Master.
Chapter 12.16
16.
Of Calumny with regard to the Crime of High Treason.
Chapter 12.17
17.
Of the revealing of Conspiracies.
Chapter 12.18
18.
How dangerous it is in Republics to be too severe in punishing
the Crime of High Treason.
Chapter 12.19
19.
In what Manner the Use of Liberty is suspended in a Republic.
Chapter 12.20
20.
Of Laws favourable to the Liberty of the Subject in a Republic.
Chapter 12.21
21.
Of the Cruelty of Laws in respect to Debtors in a Republic.
Chapter 12.22
22.
Of Things that strike at Liberty in Monarchies.
Chapter 12.23
23.
Of Spies in Monarchies.
Chapter 12.24
24.
Of Anonymous Letters.
Chapter 12.25
25.
Of the Manner of governing in Monarchies.
Chapter 12.26
26.
That in a Monarchy the Prince ought to be of easy Access.
Chapter 12.27
27.
Of the Manners of a Monarch.
Chapter 12.28
28.
Of the Regard which Monarchs owe to their Subjects.
Chapter 12.29
29.
Of the civil Laws proper for mixing some portion of Liberty in a
despotic Government.
Chapter 12.30
Book 13
Book XIII.
Of the Relation Which the Levying of Taxes and the Greatness of the
Public Revenues Bear to Liberty.
Chapter 13.1
1.
Of the Public Revenues.
Chapter 13.2
2.
That it is bad Reasoning to say that the Greatness of Taxes is
good in its own Nature.
Chapter 13.3
3.
Of Taxes in Countries where Part of the People are Villains or
Bondmen.
Chapter 13.4
4.
Of a Republic in the like Case.
Chapter 13.5
5.
Of a Monarchy in the like Case.
Chapter 13.6
6.
Of a despotic Government in the like Case.
Chapter 13.7
7.
Of Taxes in Countries where Villainage is not established.
Chapter 13.8
8.
In what Manner the Deception is preserved.
Chapter 13.9
9.
Of a bad Kind of Impost.
Chapter 13.10
10.
That the Greatness of Taxes depends on the Nature of the
Government.
Chapter 13.11
11.
Of Confiscations.
Chapter 13.12
12.
Relation between the Weight of Taxes and Liberty.
Chapter 13.13
13.
In what Government Taxes are capable of Increase.
Chapter 13.14
14.
That the Nature of the Taxes is in Relation to the Government.
Chapter 13.15
15.
Abuse of Liberty.
Chapter 13.16
16.
Of the Conquests of the Mahometans.
Chapter 13.17
17.
Of the Augmentation of Troops.
Chapter 13.18
18.
Of an Exemption from Taxes.
Chapter 13.19
19.
Which is more suitable to the Prince and to the People, the
farming the Revenues, or managing them by Commission?
Chapter 13.20
20.
Of the Farmers of the Revenues.
Book 14
Book XIV.
Of Laws in Relation to the Nature of the Climate.
Chapter 14.1
1.
General Idea.
Chapter 14.2
2.
Of the Difference of Men in different Climates.
Chapter 14.3
3.
Contradiction in the Tempers of some Southern Nations.
Chapter 14.4
4.
Cause of the Immutability of Religion, Manners, Customs, and Laws
in the Eastern Countries.
Chapter 14.5
5.
That those are bad Legislators who favour the Vices of the
Climate, and good Legislators who oppose those Vices.
Chapter 14.6
6.
Of Agriculture in warm Climates. Agriculture is the principal
labour of man.
Chapter 14.7
7.
Of Monkery.
Chapter 14.8
8.
An excellent Custom of China.
Chapter 14.9
9.
Means of encouraging Industry.
Chapter 14.10
10.
Of the Laws in relation to the Sobriety of the People.
Chapter 14.11
11.
Of the Laws in relation to the Distempers of the Climate.
Chapter 14.12
12.
Of the Laws against Suicides.
Chapter 14.13
13.
Effects arising from the Climate of England.
Chapter 14.14
14.
Other Effects of the Climate.
Chapter 14.15
15.
Of the different Confidence which the Laws have in the People,
according to the Difference of Climates.
Book 15
Book XV.
In What Manner the Laws of Civil Slavery Relate to the
Nature of the Climate.
Chapter 15.1
1.
Of civil Slavery.
Chapter 15.2
2.
Origin of the Right of Slavery among the Roman Civilians.
Chapter 15.3
3.
Another Origin of the Right of Slavery.
Chapter 15.4
4.
Another Origin of the Right of Slavery.
Chapter 15.5
5.
Of the Slavery of the Negroes.
Chapter 15.6
6.
The true Origin of the Right of Slavery.
Chapter 15.7
7.
Another Origin of the Right of Slavery.
Chapter 15.8
8.
Inutility of Slavery among us.
Chapter 15.9
9.
Several Kinds of Slavery.
Chapter 15.10
10.
Regulations necessary in respect to Slavery.
Chapter 15.11
11.
Abuses of Slavery.
Chapter 15.12
12.
Danger from the Multitude of Slaves.
Chapter 15.13
13.
Of armed Slaves.
Chapter 15.14
14.
The same Subject continued.
Chapter 15.15
15.
Precautions to be used in Moderate Governments.
Chapter 15.16
16.
Regulations between Masters and Slaves.
Chapter 15.17
17.
Of Enfranchisements.
Chapter 15.18
18.
Of Freedmen and Eunuchs.
Book 16
Book XVI.
How the Laws of Domestic Slavery Bear a Relation to the
Nature of the Climate.
Chapter 16.1
1.
Of domestic Servitude.
Chapter 16.2
2.
That in the Countries of the South there is a natural Inequality
between the two Sexes.
Chapter 16.3
3.
That a Plurality of Wives greatly depends on the Means of
supporting them.
Chapter 16.4
4.
That the Law of Polygamy is an affair that depends on
Calculation.
Chapter 16.5
5.
The Reason of a Law of Malabar.
Chapter 16.6
6.
Of Polygamy considered in itself.
Chapter 16.7
7.
Of an Equality of Treatment in case of many Wives.
Chapter 16.8
8.
Of the Separation of Women from Men.
Chapter 16.9
9.
Of the Connection between domestic and political Government.
Chapter 16.10
10.
The Principle on which the Morals of the East are founded.
Chapter 16.11
11.
Of domestic Slavery independently of Polygamy.
Chapter 16.12
12.
Of natural Modesty.
Chapter 16.13
13.
Of Jealousy.
Chapter 16.14
14.
Of the Eastern Manner of domestic Government.
Chapter 16.15
15.
Of Divorce and Repudiation.
Chapter 16.16
16.
Of Repudiation and Divorce amongst the Romans.
Book 17
Book XVII.,
How the Laws of Political Servitude Bear a Relation to
the Nature of the Climate.
Chapter 17.1
1.
Of political Servitude.
Chapter 17.2
2.
The Difference between Nations in point of Courage.
Chapter 17.3
3.
Of the Climate of Asia.
Chapter 17.4
4.
The Consequences resulting from this.
Chapter 17.5
5.
That when the People in the North of Asia and those of the North
of Europe made Conquests, the Effects of the Conquest were not the same.
Chapter 17.6
6.
A new physical Cause of the Slavery of Asia, and of the Liberty
of Europe.
Chapter 17.7
7.
Of Africa and America.
Book 18
Book XVIII.
Of Laws in the Relation They Bear to the Nature of the
Soil.
Chapter 18.1
1.
How the Nature of the Soil has an Influence on the Laws.
Chapter 18.2
2.
The same Subject continued.
Chapter 18.3
3.
What Countries are best cultivated.
Chapter 18.4
4.
New Effects of the Fertility and Barrenness of Countries.
Chapter 18.5
5.
Of the Inhabitants of Islands.
Chapter 18.6
6.
Of Countries raised by the Industry of Man.
Chapter 18.7
7.
Of human Industry.
Chapter 18.8
8.
The general Relation of Laws.
Chapter 18.9
9.
Of the Soil of America.
Chapter 18.10
10.
Of Population in the Relation it bears to the Manner of
procuring Subsistence.
Chapter 18.11
11.
Of savage and barbarous Nations.
Chapter 18.12
12.
Of the Law of Nations among People who do not cultivate the
Earth.
Chapter 18.13
13.
Of the Civil Laws of those Nations who do not cultivate the
Earth.
Chapter 18.14
14.
Of the political State of the People who do not cultivate the
Land.
Chapter 18.15
15.
Of People who know the Use of Money.
Chapter 18.16
16.
Of Civil Laws among People who know not the Use of Money.
Chapter 18.17
17.
Of political Laws among Nations who have not the Use of Money.
Chapter 18.18
18.
Of the Power of Superstition.
Chapter 18.19
19.
Of the Liberty of the Arabs and the Servitude of the Tartars.
Chapter 18.20
20.
Of the Law of Nations as practised by the Tartars.
Chapter 18.21
21.
The Civil Law of the Tartars.
Chapter 18.22
22.
Of a Civil Law of the German Nations.
Chapter 18.23
23.
Of the regal Ornaments among the Franks.
Chapter 18.24
24.
Of the Marriages of the Kings of the Franks.
Chapter 18.25
25.
Childeric.
Chapter 18.26
26.
Of the Time when the Kings of the Franks became of age.
Chapter 18.27
27.
The same Subject continued.
Chapter 18.28
28.
Of Adoption among the Germans.
Chapter 18.29
29.
Of the sanguinary Temper of the Kings of the Franks.
Chapter 18.30
30.
Of the national Assemblies of the Franks.
Chapter 18.31
31.
Of the Authority of the Clergy under the first Race.
Book 19
Book XIX.
Of Laws in Relation to the Principles Which Form the
General Spirit, Morals, and Customs of a Nation.
Chapter 19.2
1.
Of the Subject of this Book.
Chapter 19.2
2.
That it is necessary People's Minds should be prepared for the
Reception of the best Laws.
Chapter 19.3
3.
Of Tyranny.
Chapter 19.4
4.
Of the general Spirit of Mankind.
Chapter 19.5
5.
How far we should be attentive lest the general Spirit of a
Nation be changed.
Chapter 19.6
6.
That Everything ought not to be corrected.
Chapter 19.7
7.
Of the Athenians and Lacedmonians.
Chapter 19.8
8.
Effects of a sociable Temper.
Chapter 19.9
9.
Of the Vanity and Pride of Nations. Vanity is as advantageous to
a government as pride is dangerous.
Chapter 19.10
10.
Of the Character of the Spaniards and Chinese.
Chapter 19.11
11.
A Reflection.
Chapter 19.12
12.
Of Customs and Manners in a despotic State.
Chapter 19.13
13.
Of the Behaviour of the Chinese.
Chapter 19.14
14.
What are the natural Means of changing the Manners and Customs
of a Nation.
Chapter 19.15
15.
The Influence of domestic Government on the political.
Chapter 19.16
16.
How some Legislators have confounded the Principles which govern
Mankind.
Chapter 19.17
17.
Of the peculiar Quality of the Chinese Government.
Chapter 19.18
18.
A Consequence drawn from the preceding Chapter.
Chapter 19.19
19.
How this Union of Religion, Laws, Manners, and Customs among the
Chinese was effected.
Chapter 19.20
20.
Explanation of a Paradox relating to the Chinese.
Chapter 19.21
21.
How the Laws ought to have a Relation to Manners and Customs.
Chapter 19.22
22.
The same Subject continued.
Chapter 19.23
23.
How the Laws are founded on the Manners of a People.
Chapter 19.24
24.
The same Subject continued.
Chapter 19.25
25.
The same Subject continued.
Chapter 19.26
26.
The same Subject continued.
Chapter 19.27
27.
How the Laws contribute to form the Manners, Customs, and
Character of a Nation.
Book 20
Book XX.
Of Laws in Relation to Commerce, Considered in its Nature
and Distinctions.
Chapter 20.1
1.
Of Commerce.
Chapter 20.2
1.
Of the Spirit of Commerce.
Chapter 20.3
3.
Of the Poverty of the People.
Chapter 20.4
4.
Of Commerce in different Governments.
Chapter 20.5
5.
Of Nations that have entered into an economical Commerce.
Chapter 20.6
6.
Some Effects of an extensive Navigation.
Chapter 20.7
7.
The Spirit of England with respect to Commerce.
Chapter 20.8
8.
In what Manner economical Commerce has been sometimes restrained.
Chapter 20.9
9.
Of the Prohibition of Commerce.
Chapter 20.10
10.
An Institution adapted to economical Commerce.
Chapter 20.11
11.
The same Subject continued.
Chapter 20.12
12.
Of the Freedom of Commerce.
Chapter 20.13
13.
What it is that destroys this Liberty.
Chapter 20.14
14.
The Laws of Commerce concerning the Confiscation of Merchandise.
Chapter 20.15
15.
Of seizing the Persons of Merchants.
Chapter 20.16
16.
An excellent Law.
Chapter 20.17
17.
A Law of Rhodes.
[14]
Chapter 20.18
18.
Of the Judges of Commerce.
Chapter 20.19
19.
That a Prince ought not to engage himself in Commerce.
Chapter 20.20
20.
The same Subject continued.
Chapter 20.21
21.
Of the Commerce of the Nobility in a Monarchy.
Chapter 20.22
22.
A singular Reflection.
Chapter 20.23
23.
To what Nations Commerce is prejudicial.
Book 21
Book XXI.
Of Laws in relation to Commerce, considered in the
Revolutions it has met with in the World.
Chapter 21.1
1.
Some general Considerations.
Chapter 21.2
2.
Of the People of Africa.
Chapter 21.3
3.
That the Wants of the People in the South are different from
those of the North.
Chapter 21.4
4.
The principal Difference between the Commerce of the Ancients and
the Moderns.
Chapter 21.5
5.
Other Differences.
Chapter 21.6
6.
Of the Commerce of the Ancients.
Chapter 21.7
7.
Of the Commerce of the Greeks.
Chapter 21.8
8.
Of Alexander: his Conquests.
Chapter 21.9
9.
Of the Commerce of the Grecian Kings after the Death of
Alexander.
Chapter 21.10
10.
Of the Circuit of Africa.
Chapter 21.11
11.
Of Carthage and Marseilles.
Chapter 21.12
12.
The Isle of Delos.
Chapter 21.13
13.
Of the Genius of the Romans as to Maritime Affairs.
Chapter 21.14
14.
Of the Genius of the Romans with respect to Commerce.
Chapter 21.15
15.
Of the Commerce of the Romans with the Barbarians.
Chapter 21.16
16.
Of the Commerce of the Romans with Arabia and the Indies.
Chapter 21.17
17.
Of Commerce after the Destruction of the Western Empire.
Chapter 21.18
18.
A particular Regulation.
Chapter 21.19
19.
Of Commerce after the Decay of the Roman Power in the East.
Chapter 21.20
20.
How Commerce broke through the Barbarism of Europe.
Chapter 21.21
21.
The Discovery of two new Worlds, and in what Manner Europe is
affected by it.
Chapter 21.22
22.
Of the Riches which Spain drew from America.
Chapter 21.23
23.
A Problem, it is not for me to decide the question whether, if
Spain be not herself able to carry on the trade of the Indies, it would
not be better to leave it open to strangers.
Book 22
Book XXII.
Of Laws in Relation to the Use of Money.
Chapter 22.1
1.
The Reason of the Use of Money.
Chapter 22.2
2.
Of the Nature of Money.
Chapter 22.3
3.
Of ideal Money.
Chapter 22.4
4.
Of the Quantity of Gold and Silver.
Chapter 22.5
5.
The same Subject continued.
Chapter 22.6
6.
The Reason why Interest was lowered one-half after the Conquest
of the Indies.
Chapter 22.7
7.
How the Price of Things is fixed in the Variation of the Sign of
Riches.
Chapter 22.8
8.
The same Subject continued.
Chapter 22.9
9.
Of the relative Scarcity of Gold and Silver.
Chapter 22.10
10.
Of Exchange.
Chapter 22.11
11.
Of the Proceedings of the Romans with respect to Money.
Chapter 22.12
12.
The Circumstances in which the Romans changed the Value of the
Specie.
Chapter 22.13
13.
Proceedings with respect to Money in the Time of the Emperors.
Chapter 22.14
14.
How the Exchange is a Constraint on despotic Power.
Chapter 22.15
15.
The Practice of some Countries in Italy.
Chapter 22.16
16.
The Assistance a State may derive from Bankers.
Chapter 22.17
17.
Of Public Debts.
Chapter 22.18
18.
Of the Payment of Public Debts.
Chapter 22.19
19.
Of lending upon Interest.
Chapter 22.20
20.
Of Maritime Usury.
Chapter 22.21
21.
Of Lending by Contract, and the State of Usury among the Romans.
Chapter 22.22
22.
The same Subject continued.
Book 23
Book XXIII.
Of Laws in the Relation They Bear to the Number of
Inhabitants.
Chapter 23.1
1.
Of Men and Animals with respect to the Multiplication of their
Species.
Chapter 23.2
2.
Of Marriage.
Chapter 23.3
3.
Of the Condition of Children.
Chapter 23.4
4.
Of Families.
Chapter 23.5
5.
Of the several Orders of lawful Wives.
Chapter 23.6
6.
Of Bastards in different Governments.
Chapter 23.7
7.
Of the Father's Consent to Marriage.
Chapter 23.8
8.
The same Subject continued.
Chapter 23.9
9.
Of young Women.
Chapter 23.10
10.
What it is that determines Marriage.
Chapter 23.11
11.
Of the Severity of Government.
Chapter 23.12
12.
Of the Number of Males and Females in different Countries.
Chapter 23.13
13.
Of Seaport Towns.
Chapter 23.14
14.
Of the Productions of the Earth which require a greater or less
Number of Men.
Chapter 23.15
15.
Of the Number of Inhabitants with relation to the Arts.
Chapter 23.16
16.
The Concern of the Legislator in the Propagation of the Species.
Chapter 23.17
17.
Of Greece and the Number of its Inhabitants.
Chapter 23.18
18.
Of the State and Number of People before the Romans.
Chapter 23.19
19.
Of the Depopulation of the Globe.
Chapter 23.20
20.
That the Romans were under the Necessity of making Laws to
encourage the Propagation of the Species.
Chapter 23.21
21.
Of the Laws of the Romans relating to the Propagation of the
Species.
Chapter 23.22
22.
Of the Exposing of Children.
Chapter 23.23
23.
Of the State of the World after the Destruction of the Romans.
Chapter 23.24
24.
The Changes which happened in Europe with regard to the Number
of the Inhabitants.
Chapter 23.25
25.
The same Subject continued.
Chapter 23.26
26.
Consequences.
Chapter 23.27
27.
Of the Law made in France to encourage the Propagation of the
Species.
Chapter 23.28
28.
By what means we may remedy a Depopulation.
Chapter 23.29
29.
Of Hospitals.
Book 24
Book XXIV.
Of Laws in relation to Religion Considered in Itself, and
in its Doctrines.
Chapter 24.1
1.
Of Religion in General.
Chapter 24.2
2.
A Paradox of M. Bayle's.
Chapter 24.3
3.
That a moderate Government is most agreeable to the Christian
Religion, and a despotic Government to the Mahometan.
Chapter 24.4
4.
Consequences from the Character of the Christian Religion, and
that of the Mahometan.
Chapter 24.5
5.
That the Catholic Religion is most agreeable to a Monarchy, and
the Protestant to a Republic.
Chapter 24.6
6.
Another of M. Bayle's Paradoxes.
Chapter 24.7
7.
Of the Laws of Perfection in Religion.
Chapter 24.8
8.
Of the Connection between the moral Laws and those of Religion.
Chapter 24.9
9.
Of the Essenes.
Chapter 24.10
10.
Of the Sect of Stoics.
Chapter 24.11
11.
Of Contemplation.
Chapter 24.12
12.
Of Penances.
Chapter 24.13
13.
Of inexpiable Crimes.
Chapter 24.14
14.
In what Manner Religion has an Influence on Civil Laws.
Chapter 24.15
15.
How false Religions are sometimes corrected by the Civil Laws.
Chapter 24.16
16.
How the Laws of Religion correct the Inconveniences of a
political Constitution.
Chapter 24.17
17.
The same Subject continued.
Chapter 24.18
18.
How the Laws of Religion have the Effect of Civil Laws.
Chapter 24.19
19.
That it is not so much the Truth or Falsity of a Doctrine which
renders it useful or pernicious to Men in civil Government, as the Use
or Abuse of it.
Chapter 24.20
20.
The same Subject continued.
Chapter 24.21
21.
Of the Metempsychosis.
Chapter 24.22
22.
That it is dangerous for Religion to inspire an Aversion for
Things in themselves indifferent.
Chapter 24.23
23.
Of Festivals.
Chapter 24.24
24.
Of the local Laws of Religion.
Chapter 24.25
25.
The Inconvenience of transplanting a Religion from one Country
to another.
Chapter 24.26
26.
The same Subject continued.
Book 25
Book XXV.
Of Laws in Relation to the Establishment of Religion and
its External Polity.
Chapter 25.1
Chapter 25.2
2.
Of the Motives of Attachment to different Religions.
Chapter 25.3
3.
Of Temples.
Chapter 25.4
4.
Of the Ministers of Religion.
Chapter 25.5
5.
Of the Bounds which the Laws ought to prescribe to the Riches of
the Clergy.
Chapter 25.6
6.
Of Monasteries.
Chapter 25.7
7.
Of the Luxury of Superstition.
Chapter 25.8
8.
Of the Pontificate.
Chapter 25.9
9.
Of Toleration in point of Religion.
Chapter 25.10
10.
The same Subject continued.
Chapter 25.11
11.
Of changing a Religion.
Chapter 25.12
12.
Of penal Laws.
Chapter 25.13
13.
A most humble Remonstrance to the Inquisitors of Spain and
Portugal.
Chapter 25.14
14.
Why the Christian Religion is so odious in Japan.
Chapter 25.15
15.
Of the Propagation of Religion.
Book 26
Book XXVI.
Of Laws in Relation to the Order of Things Which They
Determine.
Chapter 26.1
1.
Idea of this Book.
Chapter 26.2
2.
Of Laws divine and human.
Chapter 26.3
3.
Of civil Laws contrary to the Law of Nature.
Chapter 26.4
4.
The same Subject continued.
Chapter 26.5
5.
Cases in which we may judge by the Principles of the civil Law in
limiting the Principles of the Law of Nature.
Chapter 26.6
6.
That the Order of succession or Inheritance depends on the
Principles of political or civil Law, and not on those of the Law of
Nature.
Chapter 26.7
7.
That we ought not to decide by the Precepts of Religion what
belongs only to the Law of Nature.
Chapter 26.8
8.
That we ought not to regulate by the Principles of the canon Law
Things which should be regulated by those of the civil Law.
Chapter 26.9
9.
That Things which ought to be regulated by the Principles of
civil Law can seldom be regulated by those of Religion.
Chapter 26.10
10.
In what Case we ought to follow the civil Law which permits, and
not the Law of Religion which forbids.
Chapter 26.11
11.
That human Courts of Justice should not be regulated by the
Maxims of those Tribunals which relate to the Other Life.
Chapter 26.12
12.
The same Subject continued.
Chapter 26.13
13.
In what Cases, with regard to Marriage, we ought to follow the
Laws of Religion; and in what Cases we should follow the civil Laws.
Chapter 26.14
14.
In what instances Marriages between Relatives shall be regulated
by the Laws of Nature: and in what instances by the civil Laws.
Chapter 26.15
15.
That we should not regulate by the Principles of political Law
those Things which depend on the Principles of civil Law.
Chapter 26.16
16.
That we ought not to decide by the Rules of the civil Law when
it is proper to decide by those of the political Law.
Chapter 26.17
17.
The same Subject continued.
Chapter 26.18
18.
That it is necessary to inquire whether the Laws which seem
contradictory are of the same Class.
Chapter 26.19
19.
That we should not decide those Things by the civil Law which
ought to be decided by domestic Laws.
Chapter 26.20
20.
That we ought not to decide by the Principles of the civil Laws
those Things which belong to the Law of Nations.
Chapter 26.21
21.
That we should not decide by political Laws Things which belong
to the Law of Nations.
Chapter 26.22
22.
The unhappy State of the Inca Athualpa.
Chapter 26.23
23.
That when, by some Circumstance, the political Law becomes
destructive to the State, we ought to decide by such a political Law as
will preserve it, which sometimes becomes a Law of Nations.
Chapter 26.24
24.
That the Regulations of the Police are of a different Class from
other civil Laws.
Chapter 26.25
25.
That we should not follow the general Disposition of the civil
Law, in things which ought to be subject to particular Rules drawn from
their own Nature.
Book 27
Book XXVII.
Of the Origin and Revolutions of the Roman Laws on Successions.
Section
Footnotes
Footnotes
Book 28
Book XXVIII.
Of the Origin and Revolutions of the Civil Laws among
the French.
Chapter 28.1
1.
Different Character of the Laws of the several People of Germany.
Chapter 28.2
2.
That the Laws of the Barbarians were all personal.
Chapter 28.3
3.
Capital Difference between the Salic Laws and those of the
Visigoths and Burgundians.
Chapter 28.4
4.
In what manner the Roman Law came to be lost in the Country
subject to the Franks, and preserved in that subject to the Goths and
Burgundians.
Chapter 28.5
5.
The same Subject continued.
Chapter 28.6
Chapter 28.7
7.
How the Roman Law came to be lost in Spain.
Chapter 28.8
8.
A false Capitulary.
Chapter 28.9
9.
In what manner the Codes of Barbarian Laws and the Capitularies
came to be lost.
Chapter 28.10
10.
The same Subject continued.
Chapter 28.11
11.
Other Causes of the Disuse of the Codes of Barbarian Laws, as
well as of the Roman Law, and of the Capitularies.
Chapter 28.12
12.
Of local Customs. Revolution of the Laws of barbarous Nations,
as well as of the Roman Law.
Chapter 28.13
13.
Difference between the Salic law, or that of the Salian Franks,
and that of thee Ripuarian Franks and other barbarous Nations.
Chapter 28.14
14.
Another Difference.
Chapter 28.15
15.
A Reflection.
Chapter 28.16
16.
Of the Ordeal or Trial by boiling Water, established by the
Salic Law.
Chapter 28.17
17.
Particular Notions of our Ancestors.
Chapter 28.18
18.
In what manner the Custom of judicial Combats gained Ground.
Chapter 28.19
19.
A new Reason of the Disuse of the Salic and Roman Laws, as also
of the Capitularies.
Chapter 28.20
20.
Origin of the Point of Honour.
Chapter 28.21
21.
A new Reflection upon the Point of Honour among the Germans.
Chapter 28.22
22.
Of the Manners in relation to judicial Combats.
Chapter 28.23
23.
Of the Code of Laws on judicial Combats.
Chapter 28.24
24.
Rules established in the judicial Combat.
Chapter 28.25
25.
Of the Bounds prescribed to the Custom of judicial Combats.
Chapter 28.26
26.
On the judiciary Combat between one of the Parties and one of
the Witnesses.
Chapter 28.27
27.
Of the judicial Combat between one of the Parties and one of the
Lords' Peers.
Chapter 28.28
28.
Of the Appeal of Default of Justice.
Chapter 28.29
29.
Epoch of the Reign of St. Louis.
Chapter 28.30
30.
Observation on Appeals.
Chapter 28.31
31.
The same Subject continued.
Chapter 28.32
32.
The same Subject continued.
Chapter 28.33
33.
The same Subject continued.
Chapter 28.34
34.
In what Manner the Proceedings at Law became secret.
Chapter 28.35
35.
Of the Costs.
Chapter 28.36
36.
Of the public Prosecutor.
Chapter 28.37
37.
In what Manner the Institutions of St. Louis fell into Oblivion.
Chapter 28.38
38.
The same Subject continued.
Chapter 28.39
39.
The same Subject continued.
Chapter 28.40
40.
In what Manner the judiciary Forms were borrowed from the
Decretals.
Chapter 28.41
41.
Flux and Reflux of the ecclesiastic and temporal Jurisdiction.
Chapter 28.42
42.
The Revival of the Roman Law, and the Result thereof.
Chapter 28.43
43.
The same Subject c