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.
  • 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 3.5 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 3.8 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.
  • Book 4 Book IV. That the Laws of Education Ought to Be in Relation to the Principles of 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 4.7 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 5.2 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 5.14 14. In what Manner the Laws are in relation to the Principles of Despotic Government.
    • 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 6.4 5. In what Governments the Sovereign may be Judge.
    • Chapter 6.5 5. That in Monarchies Ministers ought not to sit as Judges.
    • Chapter 6.8 8. Of the Severity of Punishments in different Governments.
    • Chapter 6.10 10. That when People are virtuous few Punishments are necessary.
    • 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 6.19 19. Of the Punishment of Fathers for the Crimes of their Children.
  • 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 7.5 5. In what Cases sumptuary Laws are useful in a Monarchy.
    • Chapter 7.9 9. Of the Condition or State of Women in different Governments.
    • 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 7.15 15. Of Dowries and Nuptial Advantages in different Constitutions.
  • Book 8 Book VIII. Of the Corruption of the Principles of the Three Governments.
    • Chapter 8.2 2. Of the Corruption of the Principles of Democracy.
    • 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 8.8 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 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 8.19 19. Distinctive Properties of a despotic Government.
  • 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 9.8 8. A particular Case in which the defensive Force of a State is inferior to the offensive.
  • Book 10 Book X. Of Laws in the Relation They Bear to Offensive Force.
  • Book 11 Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Consti- tution.
    • Chapter 11.2 2. Different Significations of the word Liberty.
    • Chapter 11.5 5. Of the End or View of different Governments.
    • Chapter 11.8 8. Why the Ancients had not a clear Idea of Monarchy.
    • 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.
  • Book 12 Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject.
    • 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 12.8 8. Of the Misapplication of the Terms Sacrilege and High Treason.
    • 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 12.18 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 12.26 26. That in a Monarchy the Prince ought to be of easy Access.
    • 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.
  • Book 13 Book XIII. Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Bear to Liberty.
    • 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 13.7 7. Of Taxes in Countries where Villainage is not established.
    • Chapter 13.10 10. That the Greatness of Taxes depends on the Nature of the Government.
    • 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 13.19 19. Which is more suitable to the Prince and to the People, the farming the Revenues, or managing them by Commission?
  • Book 14 Book XIV. Of Laws in Relation to the Nature of the Climate.
    • 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 14.10 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 14.15 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 15.2 2. Origin of the Right of Slavery among the Roman Civilians.
    • Chapter 15.15 15. Precautions to be used in Moderate Governments.
  • Book 16 Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate.
    • 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 16.7 7. Of an Equality of Treatment in case of many Wives.
    • 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.
  • Book 17 Book XVII., How the Laws of Political Servitude Bear a Relation to the Nature of the Climate.
    • Chapter 17.2 2. The Difference between Nations in point of Courage.
    • 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.
  • 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 18.4 4. New Effects of the Fertility and Barrenness of Countries.
    • Chapter 18.10 10. Of Population in the Relation it bears to the Manner of procuring Subsistence.
    • 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 18.16 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 18.19 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 18.26 26. Of the Time when the Kings of the Franks became of age.
    • Chapter 18.29 29. Of the sanguinary Temper of the Kings 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 2. That it is necessary People's Minds should be prepared for the Reception of the best Laws.
    • Chapter 19.5 5. How far we should be attentive lest the general Spirit of a Nation be changed.
    • Chapter 19.9 9. Of the Vanity and Pride of Nations. Vanity is as advantageous to a government as pride is dangerous.
    • 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 19.23 23. How the Laws are founded on the Manners of a People.
    • 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 20.5 5. Of Nations that have entered into an economical Commerce.
    • 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 20.14 14. The Laws of Commerce concerning the Confiscation of Merchandise.
    • Chapter 20.19 19. That a Prince ought not to engage himself in Commerce.
  • Book 21 Book XXI. Of Laws in relation to Commerce, considered in the Revolutions it has met with in the World.
    • 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 21.9 9. Of the Commerce of the Grecian Kings after the Death of Alexander.
    • 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 21.19 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 21.23 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 22.6 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 22.9 9. Of the relative Scarcity of Gold and Silver.
    • 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 22.16 16. The Assistance a State may derive from Bankers.
    • Chapter 22.21 21. Of Lending by Contract, and the State of Usury among the Romans.
  • 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 23.12 12. Of the Number of Males and Females in different Countries.
    • 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 23.18 18. Of the State and Number of People before the Romans.
    • 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 23.23 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 23.27 27. Of the Law made in France to encourage the Propagation of the Species.
  • Book 24 Book XXIV. Of Laws in relation to Religion Considered in Itself, and in its Doctrines.
    • 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 24.8 8. Of the Connection between the moral Laws and those of Religion.
    • 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 24.18 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 24.22 22. That it is dangerous for Religion to inspire an Aversion for Things in themselves indifferent.
    • Chapter 24.25 25. The Inconvenience of transplanting a Religion from one Country to another.
  • Book 25 Book XXV. Of Laws in Relation to the Establishment of Religion and its External Polity.
    • Chapter 25.2 2. Of the Motives of Attachment to different Religions.
    • Chapter 25.5 5. Of the Bounds which the Laws ought to prescribe to the Riches of the Clergy.
    • 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.
  • Book 26 Book XXVI. Of Laws in Relation to the Order of Things Which They Determine.
    • Chapter 26.3 3. Of civil Laws contrary to the Law of Nature.
    • 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 26.13 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 26.18 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 26.23 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.
  • 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 28.9 9. In what manner the Codes of Barbarian Laws and the Capitularies came to be lost.
    • 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 28.16 16. Of the Ordeal or Trial by boiling Water, established by the Salic Law.
    • 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 28.21 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 28.25 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 28.34 34. In what Manner the Proceedings at Law became secret.
    • Chapter 28.37 37. In what Manner the Institutions of St. Louis fell into Oblivion.
    • 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.