Skip directly to:Main content Main navigation

University of Virginia Library

The Spirit of the Laws

collapse section

The Translator to the Reader

collapse section

collapse section

1.

Book I. Of Laws in General.

collapse section

1.1.

1. Of the Relation of Laws to different Beings.

collapse section

1.2.

2. Of the Laws of Nature.

collapse section

1.3.

3. Of Positive Laws.

collapse section

2.

Book II. Of Laws Directly Derived from the Nature of Government.

2.1.

1. Of the Nature of the three different Governments.

collapse section

2.2.

2. Of the Republican Government, and the Laws in relation to Democracy.

collapse section

2.3.

3. Of the Laws in relation to the Nature of Aristocracy.

collapse section

2.4.

4. Of the Relation of Laws to the Nature of Monarchical Government.

collapse section

2.5.

5. Of the Laws in relation to the Nature of a despotic Government.

collapse section

3.

Book III. Of the Principles of the Three Kinds of Government.

collapse section

3.1.

1. Difference between the Nature and Principle of Government.

3.2.

2. Of the Principle of different Governments.

collapse section

3.3.

3. Of the Principle of Democracy.

collapse section

3.4.

4. Of the Principle of Aristocracy.

collapse section

3.5.

5. That Virtue is not the Principle of a Monarchical Government.

collapse section

3.6.

6. In what Manner Virtue is supplied in a Monarchical Government.

3.7.

7. Of the Principle of Monarchy.

collapse section

3.8.

8. That Honour is not the Principle of Despotic Government.

collapse section

3.9.

9. Of the Principle of Despotic Government.

collapse section

3.10.

10. Difference of Obedience in Moderate and Despotic Governments.

3.11.

11. Reflections on the preceding Chapters.

collapse section

4.

Book IV. That the Laws of Education Ought to Be in Relation to the Principles of Government.

4.1.

1. Of the Laws of Education.

collapse section

4.2.

2. Of Education in Monarchies.

collapse section

4.3.

3. Of Education in a Despotic Government.

4.4.

4. Difference between the Effects of Ancient and Modern Education.

4.5.

5. Of Education in a Republican Government.

collapse section

4.6.

6. Of some Institutions among the Greeks.

collapse section

4.7.

7. In what Cases these singular Institutions may be of Service.

collapse section

4.8.

8. Explanation of a Paradox of the Ancients in respect to Manners.

collapse section

5.

Book V. That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government.

5.1.

1. Idea of this Book.

5.2.

2. What is meant by Virtue in a political State.

5.3.

3. What is meant by a Love of the Republic in a Democracy.

5.4.

4. In what Manner the Love of Equality and Frugality is inspired.

collapse section

5.5.

5. In what Manner the Laws establish Equality in a Democracy.

collapse section

5.6.

6. In what Manner the Laws ought to maintain Frugality in a Democracy.

collapse section

5.7.

7. Other Methods of favouring the Principle of Democracy.

collapse section

5.8.

8. In what Manner the Laws should relate to the Principle of Government in an Aristocracy.

collapse section

5.9.

9. In what Manner the Laws are in relation to their Principle in Monarchies.

collapse section

5.10.

10. Of the Expedition peculiar to the Executive Power in Monarchies.

5.11.

11. Of the Excellence of a Monarchical Government.

5.12.

12. The same Subject continued.

5.13.

13. An Idea of Despotic Power.

collapse section

5.14.

14. In what Manner the Laws are in relation to the Principles of Despotic Government.

collapse section

5.15.

15. The same Subject continued.

collapse section

5.16.

16. Of the Communication of Power.

collapse section

5.17.

17. Of Presents.

5.18.

18. Of Rewards conferred by the Sovereign.

collapse section

5.19.

19. New Consequences of the Principles of the three Governments.

collapse section

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.

collapse section

6.1.

1. Of the Simplicity of Civil Laws in different Governments.

6.2.

3. In what Governments and in what Cases the Judges ought to determine according to the express Letter of the Law.

collapse section

6.3.

3. Of the Manner of passing Judgment.

collapse section

6.4.

5. In what Governments the Sovereign may be Judge.

6.5.

5. That in Monarchies Ministers ought not to sit as Judges.

collapse section

6.6.

6. Of a single Magistrate.

collapse section

6.7.

7. Of Accusation in different Governments.

collapse section

6.8.

8. Of the Severity of Punishments in different Governments.

collapse section

6.9.

9. Of the ancient French Laws.

collapse section

6.10.

10. That when People are virtuous few Punishments are necessary.

collapse section

6.11.

11. Of the Power of Punishments.

collapse section

6.12.

12. Insufficiency of the Laws of Japan.

collapse section

6.13.

13. Of the Spirit of the Roman Senate.

collapse section

6.14.

14. Of the Roman Laws in respect to Punishments.

collapse section

6.15.

15. Of the just Proportion between Punishments and Crimes.

collapse section

6.16.

16. Of the Rack.

collapse section

6.17.

17. Of pecuniary and corporal Punishments.

collapse section

6.18.

18. Of the Law of Retaliation.

collapse section

6.19.

19. Of the Punishment of Fathers for the Crimes of their Children.

collapse section

6.20.

20. Of the Clemency of the Prince.

collapse section

7.

Book VII. Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws, Luxury, and the Condition of Women.

collapse section

7.1.

collapse section

7.2.

2. Of sumptuary Laws in a Democracy.

7.3.

3. Of sumptuary Laws in an Aristocracy.

collapse section

7.4.

4. Of sumptuary Laws in a Monarchy.

collapse section

7.5.

5. In what Cases sumptuary Laws are useful in a Monarchy.

collapse section

7.6.

6. Of the Luxury of China.

7.7.

7. Fatal Consequence of Luxury in China.

7.8.

8. Of public Continency.

collapse section

7.9.

9. Of the Condition or State of Women in different Governments.

collapse section

7.10.

10. Of the domestic Tribunal among the Romans.

collapse section

7.11.

11. In what Manner the Institutions changed at Rome, together with the Government.

collapse section

7.12.

12. Of the Guardianship of Women among the Romans.

collapse section

7.13.

13. Of the Punishments decreed by the Emperors against the Incontinence of Women.

collapse section

7.14.

14. Sumptuary Laws among the Romans.

collapse section

7.15.

15. Of Dowries and Nuptial Advantages in different Constitutions.

collapse section

7.16.

16. An excellent Custom of the Samnites.

collapse section

7.17.

17. Of Female Administration.

collapse section

8.

Book VIII. Of the Corruption of the Principles of the Three Governments.

8.1.

1. General Idea of this Book.

collapse section

8.2.

2. Of the Corruption of the Principles of Democracy.

8.3.

3. Of the Spirit of extreme Equality.

collapse section

8.4.

4. Particular Cause of the Corruption of the People.

collapse section

8.5.

5. Of the Corruption of the Principle of Aristocracy.

collapse section

8.6.

6. Of the Corruption of the Principle of Monarchy.

collapse section

8.7.

7. The same Subject continued.

8.8.

8. Danger of the Corruption of the Principle of monarchical Government.

8.9.

9. How ready the Nobility are to defend the Throne.

8.10.

10. Of the Corruption of the Principle of despotic Government.

collapse section

8.11.

11. Natural Effects of the Goodness and Corruption of the Principles of Government.

7.12.

12. The same Subject continued.

collapse section

8.13.

13. The Effect of an Oath among virtuous People.

collapse section

8.14.

14. How the smallest Change of the Constitution is attended with the Ruin of its Principles.

8.15.

15. Sure Methods of preserving the three Principles.

collapse section

8.16.

16. Distinctive Properties of a Republic.

8.17.

17. Distinctive Properties of a Monarchy.

collapse section

8.18.

18. Particular Case of the Spanish Monarchy.

8.19.

19. Distinctive Properties of a despotic Government.

8.20.

20. Consequence of the preceding Chapters.

collapse section

8.21.

21. Of the Empire of China.

collapse section

9.

Book IX., Of Laws in the Relation They Bear to a Defensive Force.

collapse section

9.1.

1. In what Manner Republics provide for their Safety.

9.2.

2. That a confederate Government ought to be composed of States of the same Nature, especially of the republican Kind.

collapse section

9.3.

3. Other Requisites in a confederate Republic.

9.4.

4. In what Manner despotic Governments provide for their Security.

9.5.

5. In what Manner a Monarchical Government provides for its Security.

9.6.

6. Of the defensive Force of States in general.

9.7.

7. A Reflection.

9.8.

8. A particular Case in which the defensive Force of a State is inferior to the offensive.

9.9.

9. Of the relative Force of States.

9.10.

10. Of the Weakness of neighbouring States.

collapse section

10.

Book X. Of Laws in the Relation They Bear to Offensive Force.

10.1.

1. Of offensive Force.

10.2.

collapse section

10.3.

3. Of the Right of Conquest.

10.4.

4. Some Advantages of a conquered People.

collapse section

10.5.

5. Gelon, King of Syracuse.

collapse section

10.6.

6. Of Conquest made by a Republic.

10.7.

7. The same Subject continued.

collapse section

10.8.

8. The same Subject continued.

10.9.

9. Of Conquests made by a Monarchy.

10.10.

10. Of one Monarchy that subdues another.

collapse section

10.11.

11. Of the Manners of a conquered People.

collapse section

10.12.

12. Of a Law of Cyrus.

10.13.

13. Charles XII.

collapse section

10.14.

10.15.

15. New Methods of preserving a Conquest.

10.16.

16. Of Conquests made by a despotic Prince.

collapse section

10.17.

17. The same Subject continued.

collapse section

11.

Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Consti- tution.

11.1.

1. A general Idea.

collapse section

11.2.

2. Different Significations of the word Liberty.

11.3.

3. In what Liberty consists.

11.4.

4. The same Subject continued.

collapse section

11.5.

5. Of the End or View of different Governments.

collapse section

11.6.

6. Of the Constitution of England.

11.7.

7. Of the Monarchies we are acquainted with.

11.8.

8. Why the Ancients had not a clear Idea of Monarchy.

collapse section

11.9.

9. Aristotle's Manner of Thinking.

collapse section

11.10.

10. What other Politicians thought.

collapse section

11.11.

11. Of the Kings of the heroic Times of Greece.

collapse section

11.12.

12. Of the Government of the Kings of Rome, and in what Manner the three Powers were there distributed.

11.13.

13. General Reflections on the State of Rome after the Expulsion of its Kings.

collapse section

11.14.

14. In what Manner the Distribution of the three Powers began to change after the Expulsion of the Kings.

11.15.

15. In what Manner Rome, in the flourishing State of that Republic, suddenly lost its Liberty.

collapse section

11.16.

16. Of the legislative Power in the Roman Republic.

collapse section

11.17.

17. Of the executive Power in the same Republic.

collapse section

11.19.

19. Of the Government of the Roman Provinces.

11.20.

20. The End of this Book.

collapse section

12.

Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject.

12.1.

1. Idea of this Book.

collapse section

12.2.

2. Of the Liberty of the Subject.

collapse section

12.3.

3. The same Subject continued.

collapse section

12.4.

4. That Liberty is favoured by the Nature and Proportion of Punishments.

collapse section

12.5.

5. Of certain Accusations that require particular Moderation and Prudence.

collapse section

12.6.

6. Of the Crime against Nature.

collapse section

12.7.

7. Of the Crime of High Treason.

collapse section

12.8.

8. Of the Misapplication of the Terms Sacrilege and High Treason.

collapse section

12.9.

9. The same Subject continued.

collapse section

12.10.

10. The same Subject continued.

collapse section

12.11.

11. Of Thoughts.

collapse section

12.12.

12. Of indiscreet Speeches.

collapse section

12.13.

13. Of Writings.

collapse section

12.14.

14. Breach of Modesty in punishing Crimes.

collapse section

12.15.

15. Of the Enfranchisement of Slaves in order to accuse their Master.

collapse section

12.16.

16. Of Calumny with regard to the Crime of High Treason.

collapse section

12.17.

17. Of the revealing of Conspiracies.

collapse section

12.18.

18. How dangerous it is in Republics to be too severe in punishing the Crime of High Treason.

collapse section

12.19.

19. In what Manner the Use of Liberty is suspended in a Republic.

collapse section

12.20.

20. Of Laws favourable to the Liberty of the Subject in a Republic.

collapse section

12.21.

21. Of the Cruelty of Laws in respect to Debtors in a Republic.

12.22.

22. Of Things that strike at Liberty in Monarchies.

12.23.

23. Of Spies in Monarchies.

collapse section

12.24.

24. Of Anonymous Letters.

collapse section

12.25.

25. Of the Manner of governing in Monarchies.

collapse section

12.26.

26. That in a Monarchy the Prince ought to be of easy Access.

12.27.

27. Of the Manners of a Monarch.

12.28.

28. Of the Regard which Monarchs owe to their Subjects.

collapse section

12.29.

29. Of the civil Laws proper for mixing some portion of Liberty in a despotic Government.

collapse section

12.30.

30. The same Subject continued.

collapse section

13.

Book XIII. Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Bear to Liberty.

13.1.

1. Of the Public Revenues.

13.2.

2. That it is bad Reasoning to say that the Greatness of Taxes is good in its own Nature.

13.3.

3. Of Taxes in Countries where Part of the People are Villains or Bondmen.

collapse section

13.4.

4. Of a Republic in the like Case.

collapse section

13.5.

5. Of a Monarchy in the like Case.

13.6.

6. Of a despotic Government in the like Case.

collapse section

13.7.

7. Of Taxes in Countries where Villainage is not established.

13.8.

8. In what Manner the Deception is preserved.

13.9.

9. Of a bad Kind of Impost.

13.10.

10. That the Greatness of Taxes depends on the Nature of the Government.

collapse section

13.11.

11. Of Confiscations.

collapse section

13.12.

12. Relation between the Weight of Taxes and Liberty.

13.13.

13. In what Government Taxes are capable of Increase.

13.14.

14. That the Nature of the Taxes is in Relation to the Government.

collapse section

13.15.

15. Abuse of Liberty.

collapse section

13.16.

16. Of the Conquests of the Mahometans.

collapse section

13.17.

17. Of the Augmentation of Troops.

collapse section

13.18.

18. Of an Exemption from Taxes.

collapse section

13.19.

19. Which is more suitable to the Prince and to the People, the farming the Revenues, or managing them by Commission?

13.20.

20. Of the Farmers of the Revenues.

collapse section

14.

Book XIV. Of Laws in Relation to the Nature of the Climate.

14.1.

1. General Idea.

collapse section

14.2.

2. Of the Difference of Men in different Climates.

collapse section

14.3.

3. Contradiction in the Tempers of some Southern Nations.

collapse section

14.4.

4. Cause of the Immutability of Religion, Manners, Customs, and Laws in the Eastern Countries.

collapse section

14.5.

5. That those are bad Legislators who favour the Vices of the Climate, and good Legislators who oppose those Vices.

14.6.

6. Of Agriculture in warm Climates. Agriculture is the principal labour of man.

14.7.

collapse section

14.8.

8. An excellent Custom of China.

14.9.

9. Means of encouraging Industry.

collapse section

14.10.

10. Of the Laws in relation to the Sobriety of the People.

collapse section

14.11.

11. Of the Laws in relation to the Distempers of the Climate.

collapse section

14.12.

12. Of the Laws against Suicides.

collapse section

14.13.

13. Effects arising from the Climate of England.

collapse section

14.14.

14. Other Effects of the Climate.

collapse section

14.15.

15. Of the different Confidence which the Laws have in the People, according to the Difference of Climates.

collapse section

15.

Book XV. In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate.

15.1.

1. Of civil Slavery.

collapse section

15.2.

2. Origin of the Right of Slavery among the Roman Civilians.

collapse section

15.3.

3. Another Origin of the Right of Slavery.

collapse section

15.4.

4. Another Origin of the Right of Slavery.

15.5.

5. Of the Slavery of the Negroes.

collapse section

15.6.

6. The true Origin of the Right of Slavery.

collapse section

15.7.

7. Another Origin of the Right of Slavery.

collapse section

15.8.

8. Inutility of Slavery among us.

collapse section

15.9.

9. Several Kinds of Slavery.

15.10.

10. Regulations necessary in respect to Slavery.

collapse section

15.11.

11. Abuses of Slavery.

collapse section

15.12.

12. Danger from the Multitude of Slaves.

collapse section

15.13.

13. Of armed Slaves.

collapse section

15.14.

14. The same Subject continued.

collapse section

15.15.

15. Precautions to be used in Moderate Governments.

collapse section

15.16.

16. Regulations between Masters and Slaves.

collapse section

15.17.

17. Of Enfranchisements.

collapse section

15.18.

18. Of Freedmen and Eunuchs.

collapse section

16.

Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate.

16.1.

1. Of domestic Servitude.

collapse section

16.2.

2. That in the Countries of the South there is a natural Inequality between the two Sexes.

collapse section

16.3.

3. That a Plurality of Wives greatly depends on the Means of supporting them.

collapse section

16.4.

4. That the Law of Polygamy is an affair that depends on Calculation.

collapse section

16.5.

5. The Reason of a Law of Malabar.

collapse section

16.6.

6. Of Polygamy considered in itself.

collapse section

16.7.

7. Of an Equality of Treatment in case of many Wives.

collapse section

16.8.

8. Of the Separation of Women from Men.

16.9.

9. Of the Connection between domestic and political Government.

collapse section

16.10.

10. The Principle on which the Morals of the East are founded.

16.11.

11. Of domestic Slavery independently of Polygamy.

16.12.

12. Of natural Modesty.

collapse section

16.13.

13. Of Jealousy.

16.14.

14. Of the Eastern Manner of domestic Government.

collapse section

16.15.

15. Of Divorce and Repudiation.

collapse section

16.16.

16. Of Repudiation and Divorce amongst the Romans.

collapse section

17.

Book XVII., How the Laws of Political Servitude Bear a Relation to the Nature of the Climate.

17.1.

1. Of political Servitude.

collapse section

17.2.

2. The Difference between Nations in point of Courage.

collapse section

17.3.

3. Of the Climate of Asia.

17.4.

4. The Consequences resulting from this.

collapse section

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.

collapse section

17.6.

6. A new physical Cause of the Slavery of Asia, and of the Liberty of Europe.

collapse section

17.7.

7. Of Africa and America.

collapse section

18.

Book XVIII. Of Laws in the Relation They Bear to the Nature of the Soil.

collapse section

18.1.

1. How the Nature of the Soil has an Influence on the Laws.

18.2.

2. The same Subject continued.

collapse section

18.3.

3. What Countries are best cultivated.

18.4.

4. New Effects of the Fertility and Barrenness of Countries.

collapse section

18.5.

5. Of the Inhabitants of Islands.

18.6.

6. Of Countries raised by the Industry of Man.

collapse section

18.7.

7. Of human Industry.

18.8.

8. The general Relation of Laws.

18.9.

9. Of the Soil of America.

18.10.

10. Of Population in the Relation it bears to the Manner of procuring Subsistence.

18.11.

11. Of savage and barbarous Nations.

18.12.

12. Of the Law of Nations among People who do not cultivate the Earth.

18.13.

13. Of the Civil Laws of those Nations who do not cultivate the Earth.

18.14.

14. Of the political State of the People who do not cultivate the Land.

collapse section

18.15.

15. Of People who know the Use of Money.

18.16.

16. Of Civil Laws among People who know not the Use of Money.

collapse section

18.17.

17. Of political Laws among Nations who have not the Use of Money.

18.18.

18. Of the Power of Superstition.

collapse section

18.19.

19. Of the Liberty of the Arabs and the Servitude of the Tartars.

18.20.

20. Of the Law of Nations as practised by the Tartars.

18.21.

21. The Civil Law of the Tartars.

collapse section

18.22.

22. Of a Civil Law of the German Nations.

18.23.

23. Of the regal Ornaments among the Franks.

collapse section

18.24.

24. Of the Marriages of the Kings of the Franks.

collapse section

18.25.

collapse section

18.26.

26. Of the Time when the Kings of the Franks became of age.

collapse section

18.27.

27. The same Subject continued.

collapse section

18.28.

28. Of Adoption among the Germans.

collapse section

18.29.

29. Of the sanguinary Temper of the Kings of the Franks.

collapse section

18.30.

30. Of the national Assemblies of the Franks.

collapse section

18.31.

31. Of the Authority of the Clergy under the first Race.

collapse section

19.

Book XIX. Of Laws in Relation to the Principles Which Form the General Spirit, Morals, and Customs of a Nation.

19.2.

1. Of the Subject of this Book.

collapse section

19.2.

2. That it is necessary People's Minds should be prepared for the Reception of the best Laws.

collapse section

19.3.

19.4.

4. Of the general Spirit of Mankind.

19.5.

5. How far we should be attentive lest the general Spirit of a Nation be changed.

19.6.

6. That Everything ought not to be corrected.

19.7.

7. Of the Athenians and Lacedmonians.

collapse section

19.8.

8. Effects of a sociable Temper.

collapse section

19.9.

9. Of the Vanity and Pride of Nations. Vanity is as advantageous to a government as pride is dangerous.

collapse section

19.10.

10. Of the Character of the Spaniards and Chinese.

19.11.

11. A Reflection.

19.12.

12. Of Customs and Manners in a despotic State.

collapse section

19.13.

13. Of the Behaviour of the Chinese.

19.14.

14. What are the natural Means of changing the Manners and Customs of a Nation.

19.15.

15. The Influence of domestic Government on the political.

collapse section

19.16.

16. How some Legislators have confounded the Principles which govern Mankind.

collapse section

19.17.

17. Of the peculiar Quality of the Chinese Government.

collapse section

19.18.

18. A Consequence drawn from the preceding Chapter.

19.19.

19. How this Union of Religion, Laws, Manners, and Customs among the Chinese was effected.

collapse section

19.20.

20. Explanation of a Paradox relating to the Chinese.

collapse section

19.21.

21. How the Laws ought to have a Relation to Manners and Customs.

collapse section

19.22.

22. The same Subject continued.

collapse section

19.23.

23. How the Laws are founded on the Manners of a People.

collapse section

19.24.

24. The same Subject continued.

collapse section

19.25.

25. The same Subject continued.

collapse section

19.26.

26. The same Subject continued.

collapse section

19.27.

27. How the Laws contribute to form the Manners, Customs, and Character of a Nation.

collapse section

20.

Book XX. Of Laws in Relation to Commerce, Considered in its Nature and Distinctions.

collapse section

20.1.

1. Of Commerce.

collapse section

20.2.

1. Of the Spirit of Commerce.

20.3.

3. Of the Poverty of the People.

collapse section

20.4.

4. Of Commerce in different Governments.

collapse section

20.5.

5. Of Nations that have entered into an economical Commerce.

20.6.

6. Some Effects of an extensive Navigation.

20.7.

7. The Spirit of England with respect to Commerce.

20.8.

8. In what Manner economical Commerce has been sometimes restrained.

collapse section

20.9.

9. Of the Prohibition of Commerce.

20.10.

10. An Institution adapted to economical Commerce.

20.11.

11. The same Subject continued.

collapse section

20.12.

12. Of the Freedom of Commerce.

20.13.

13. What it is that destroys this Liberty.

collapse section

20.14.

14. The Laws of Commerce concerning the Confiscation of Merchandise.

collapse section

20.15.

15. Of seizing the Persons of Merchants.

20.16.

16. An excellent Law.

collapse section

20.17.

17. A Law of Rhodes.

collapse section

20.18.

18. Of the Judges of Commerce.

collapse section

20.19.

19. That a Prince ought not to engage himself in Commerce.

20.20.

20. The same Subject continued.

collapse section

20.21.

21. Of the Commerce of the Nobility in a Monarchy.

collapse section

20.22.

22. A singular Reflection.

20.23.

23. To what Nations Commerce is prejudicial.

collapse section

21.

Book XXI. Of Laws in relation to Commerce, considered in the Revolutions it has met with in the World.

collapse section

21.1.

1. Some general Considerations.

21.2.

2. Of the People of Africa.

21.3.

3. That the Wants of the People in the South are different from those of the North.

21.4.

4. The principal Difference between the Commerce of the Ancients and the Moderns.

collapse section

21.5.

5. Other Differences.

collapse section

21.6.

6. Of the Commerce of the Ancients.

collapse section

21.7.

7. Of the Commerce of the Greeks.

collapse section

21.8.

8. Of Alexander: his Conquests.

collapse section

21.9.

9. Of the Commerce of the Grecian Kings after the Death of Alexander.

collapse section

21.10.

10. Of the Circuit of Africa.

collapse section

21.11.

11. Of Carthage and Marseilles.

collapse section

21.12.

12. The Isle of Delos.

collapse section

21.13.

13. Of the Genius of the Romans as to Maritime Affairs.

collapse section

21.14.

14. Of the Genius of the Romans with respect to Commerce.

collapse section

21.15.

15. Of the Commerce of the Romans with the Barbarians.

collapse section

21.16.

16. Of the Commerce of the Romans with Arabia and the Indies.

collapse section

21.17.

17. Of Commerce after the Destruction of the Western Empire.

collapse section

21.18.

18. A particular Regulation.

21.19.

19. Of Commerce after the Decay of the Roman Power in the East.

collapse section

21.20.

20. How Commerce broke through the Barbarism of Europe.

collapse section

21.21.

21. The Discovery of two new Worlds, and in what Manner Europe is affected by it.

collapse section

21.22.

22. Of the Riches which Spain drew from America.

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.

collapse section

22.

Book XXII. Of Laws in Relation to the Use of Money.

22.1.

1. The Reason of the Use of Money.

collapse section

22.2.

2. Of the Nature of Money.

22.3.

3. Of ideal Money.

22.4.

4. Of the Quantity of Gold and Silver.

collapse section

22.5.

5. The same Subject continued.

collapse section

22.6.

6. The Reason why Interest was lowered one-half after the Conquest of the Indies.

collapse section

22.7.

7. How the Price of Things is fixed in the Variation of the Sign of Riches.

22.8.

8. The same Subject continued.

22.9.

9. Of the relative Scarcity of Gold and Silver.

collapse section

22.10.

10. Of Exchange.

collapse section

22.11.

11. Of the Proceedings of the Romans with respect to Money.

collapse section

22.12.

12. The Circumstances in which the Romans changed the Value of the Specie.

collapse section

22.13.

13. Proceedings with respect to Money in the Time of the Emperors.

22.14.

14. How the Exchange is a Constraint on despotic Power.

22.15.

15. The Practice of some Countries in Italy.

22.16.

16. The Assistance a State may derive from Bankers.

22.17.

17. Of Public Debts.

collapse section

22.18.

18. Of the Payment of Public Debts.

collapse section

22.19.

19. Of lending upon Interest.

22.20.

20. Of Maritime Usury.

collapse section

22.21.

21. Of Lending by Contract, and the State of Usury among the Romans.

collapse section

22.22.

22. The same Subject continued.

collapse section

23.

Book XXIII. Of Laws in the Relation They Bear to the Number of Inhabitants.

collapse section

23.1.

1. Of Men and Animals with respect to the Multiplication of their Species.

collapse section

23.2.

2. Of Marriage.

collapse section

23.3.

3. Of the Condition of Children.

collapse section

23.4.

4. Of Families.

collapse section

23.5.

5. Of the several Orders of lawful Wives.

collapse section

23.6.

6. Of Bastards in different Governments.

collapse section

23.7.

7. Of the Father's Consent to Marriage.

23.8.

8. The same Subject continued.

23.9.

9. Of young Women.

23.10.

10. What it is that determines Marriage.

collapse section

23.11.

11. Of the Severity of Government.

collapse section

23.12.

12. Of the Number of Males and Females in different Countries.

collapse section

23.13.

13. Of Seaport Towns.

collapse section

23.14.

14. Of the Productions of the Earth which require a greater or less Number of Men.

23.15.

15. Of the Number of Inhabitants with relation to the Arts.

collapse section

23.16.

16. The Concern of the Legislator in the Propagation of the Species.

collapse section

23.17.

17. Of Greece and the Number of its Inhabitants.

23.18.

18. Of the State and Number of People before the Romans.

collapse section

23.19.

19. Of the Depopulation of the Globe.

collapse section

23.20.

20. That the Romans were under the Necessity of making Laws to encourage the Propagation of the Species.

collapse section

23.21.

21. Of the Laws of the Romans relating to the Propagation of the Species.

collapse section

23.22.

22. Of the Exposing of Children.

23.23.

23. Of the State of the World after the Destruction of the Romans.

23.24.

24. The Changes which happened in Europe with regard to the Number of the Inhabitants.

collapse section

23.25.

25. The same Subject continued.

23.26.

26. Consequences.

collapse section

23.27.

27. Of the Law made in France to encourage the Propagation of the Species.

23.28.

28. By what means we may remedy a Depopulation.

collapse section

23.29.

29. Of Hospitals.

collapse section

24.

Book XXIV. Of Laws in relation to Religion Considered in Itself, and in its Doctrines.

24.1.

1. Of Religion in General.

collapse section

24.2.

2. A Paradox of M. Bayle's.

collapse section

24.3.

3. That a moderate Government is most agreeable to the Christian Religion, and a despotic Government to the Mahometan.

collapse section

24.4.

4. Consequences from the Character of the Christian Religion, and that of the Mahometan.

24.5.

5. That the Catholic Religion is most agreeable to a Monarchy, and the Protestant to a Republic.

24.6.

6. Another of M. Bayle's Paradoxes.

collapse section

24.7.

7. Of the Laws of Perfection in Religion.

collapse section

24.8.

8. Of the Connection between the moral Laws and those of Religion.

collapse section

24.9.

9. Of the Essenes.

24.10.

10. Of the Sect of Stoics.

collapse section

24.11.

11. Of Contemplation.

24.12.

12. Of Penances.

collapse section

24.13.

13. Of inexpiable Crimes.

collapse section

24.14.

14. In what Manner Religion has an Influence on Civil Laws.

collapse section

24.15.

15. How false Religions are sometimes corrected by the Civil Laws.

collapse section

24.16.

16. How the Laws of Religion correct the Inconveniences of a political Constitution.

collapse section

24.17.

17. The same Subject continued.

collapse section

24.18.

18. How the Laws of Religion have the Effect of Civil Laws.

collapse section

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.

collapse section

24.20.

20. The same Subject continued.

24.21.

21. Of the Metempsychosis.

24.22.

22. That it is dangerous for Religion to inspire an Aversion for Things in themselves indifferent.

collapse section

24.23.

23. Of Festivals.

collapse section

24.24.

24. Of the local Laws of Religion.

collapse section

24.25.

25. The Inconvenience of transplanting a Religion from one Country to another.

collapse section

24.26.

26. The same Subject continued.

collapse section

25.

Book XXV. Of Laws in Relation to the Establishment of Religion and its External Polity.

25.1.

collapse section

25.2.

2. Of the Motives of Attachment to different Religions.

collapse section

25.3.

collapse section

25.4.

4. Of the Ministers of Religion.

25.5.

5. Of the Bounds which the Laws ought to prescribe to the Riches of the Clergy.

25.6.

6. Of Monasteries.

collapse section

25.7.

7. Of the Luxury of Superstition.

25.8.

8. Of the Pontificate.

25.9.

9. Of Toleration in point of Religion.

collapse section

25.10.

10. The same Subject continued.

25.11.

11. Of changing a Religion.

collapse section

25.12.

12. Of penal Laws.

collapse section

25.13.

13. A most humble Remonstrance to the Inquisitors of Spain and Portugal.

collapse section

25.14.

14. Why the Christian Religion is so odious in Japan.

collapse section

25.15.

15. Of the Propagation of Religion.

collapse section

26.

Book XXVI. Of Laws in Relation to the Order of Things Which They Determine.

26.1.

1. Idea of this Book.

26.2.

2. Of Laws divine and human.

collapse section

26.3.

3. Of civil Laws contrary to the Law of Nature.

collapse section

26.4.

4. The same Subject continued.

collapse section

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.

collapse section

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.

collapse section

26.7.

7. That we ought not to decide by the Precepts of Religion what belongs only to the Law of Nature.

collapse section

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.

collapse section

26.9.

9. That Things which ought to be regulated by the Principles of civil Law can seldom be regulated by those of Religion.

26.10.

10. In what Case we ought to follow the civil Law which permits, and not the Law of Religion which forbids.

26.11.

11. That human Courts of Justice should not be regulated by the Maxims of those Tribunals which relate to the Other Life.

26.12.

12. The same Subject continued.

collapse section

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.

collapse section

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.

collapse section

26.15.

15. That we should not regulate by the Principles of political Law those Things which depend on the Principles of civil Law.

collapse section

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.

collapse section

26.17.

17. The same Subject continued.

collapse section

26.18.

18. That it is necessary to inquire whether the Laws which seem contradictory are of the same Class.

collapse section

26.19.

19. That we should not decide those Things by the civil Law which ought to be decided by domestic Laws.

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.

26.21.

21. That we should not decide by political Laws Things which belong to the Law of Nations.

collapse section

26.22.

22. The unhappy State of the Inca Athualpa.

collapse section

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.

collapse section

26.24.

24. That the Regulations of the Police are of a different Class from other civil Laws.

collapse section

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.

collapse section

27.

Book XXVII. Of the Origin and Revolutions of the Roman Laws on Successions.

collapse section

28.

Book XXVIII. Of the Origin and Revolutions of the Civil Laws among the French.

collapse section

28.1.

1. Different Character of the Laws of the several People of Germany.

collapse section

28.2.

2. That the Laws of the Barbarians were all personal.

collapse section

28.3.

3. Capital Difference between the Salic Laws and those of the Visigoths and Burgundians.

collapse section

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.

28.5.

5. The same Subject continued.

collapse section

28.6.

collapse section

28.7.

7. How the Roman Law came to be lost in Spain.

collapse section

28.8.

8. A false Capitulary.

collapse section

28.9.

9. In what manner the Codes of Barbarian Laws and the Capitularies came to be lost.

collapse section

28.10.

10. The same Subject continued.

collapse section

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.

collapse section

28.12.

12. Of local Customs. Revolution of the Laws of barbarous Nations, as well as of the Roman Law.

collapse section

28.13.

13. Difference between the Salic law, or that of the Salian Franks, and that of thee Ripuarian Franks and other barbarous Nations.

collapse section

28.14.

14. Another Difference.

28.15.

15. A Reflection.

collapse section

28.16.

16. Of the Ordeal or Trial by boiling Water, established by the Salic Law.

collapse section

28.17.

17. Particular Notions of our Ancestors.

collapse section

28.18.

18. In what manner the Custom of judicial Combats gained Ground.

collapse section

28.19.

19. A new Reason of the Disuse of the Salic and Roman Laws, as also of the Capitularies.

collapse section

28.20.

20. Origin of the Point of Honour.

collapse section

28.21.

21. A new Reflection upon the Point of Honour among the Germans.

collapse section

28.22.

22. Of the Manners in relation to judicial Combats.

collapse section

28.23.

23. Of the Code of Laws on judicial Combats.

collapse section

28.24.

24. Rules established in the judicial Combat.

collapse section

28.25.

25. Of the Bounds prescribed to the Custom of judicial Combats.

collapse section

28.26.

26. On the judiciary Combat between one of the Parties and one of the Witnesses.

collapse section

28.27.

27. Of the judicial Combat between one of the Parties and one of the Lords' Peers.

collapse section

28.28.

28. Of the Appeal of Default of Justice.

collapse section

28.29.

29. Epoch of the Reign of St. Louis.

collapse section

28.30.

30. Observation on Appeals.

collapse section

28.31.

31. The same Subject continued.

collapse section

28.32.

32. The same Subject continued.

collapse section

28.33.

33. The same Subject continued.

collapse section

28.34.

34. In what Manner the Proceedings at Law became secret.

collapse section

28.35.

35. Of the Costs.

collapse section

28.36.

36. Of the public Prosecutor.

collapse section

28.37.

37. In what Manner the Institutions of St. Louis fell into Oblivion.

collapse section

28.38.

38. The same Subject continued.

collapse section

28.39.

39. The same Subject continued.

collapse section

28.40.

40. In what Manner the judiciary Forms were borrowed from the Decretals.

collapse section

28.41.

41. Flux and Reflux of the ecclesiastic and temporal Jurisdiction.

collapse section

28.42.

42. The Revival of the Roman Law, and the Result thereof.

collapse section

28.43.

43. The same Subject continued.

collapse section

28.44.

44. Of the Proof by Witnesses.

collapse section

28.45.

45. Of the Customs of France.

collapse section

29.

Book XXIX. Of the Manner of Composing Laws.

collapse section

29.1.

1. Of the Spirit of a Legislator.

collapse section

29.2.

2. The same Subject continued.

29.3.

3. That the Laws which seem to deviate from the Views of the Legislator are frequently agreeable to them.

29.4.

4. Of the Laws contrary to the Views of the Legislator.

collapse section

29.5.

5. The same Subject continued.

collapse section

29.6.

6. The Laws which appear the same have not always the same Effect.

collapse section

29.7.

7. The same Subject continued.

collapse section

29.8.

8. That Laws which appear the same were not always made through the same Motive.

collapse section

29.10.

9. That the Greek and Roman Laws punished Suicide, but not through the same Motive.

collapse section

29.10.

10. That Laws which seem contrary proceed sometimes from the same Spirit.

collapse section

29.11.

11. How to compare two different Systems of Laws.

collapse section

29.12.

12. That Laws which appear the same are sometimes really different.

collapse section

29.13.

13. That we must not separate Laws from the End for which they were made: of the Roman Laws on Theft.

collapse section

29.14.

14. That we must not separate the Laws from the Circumstances in which they were made.

collapse section

29.15.

15. That sometimes it is proper the Law should amend itself.

collapse section

29.16.

16. Things to be observed in the composing of Laws.

collapse section

29.17.

17. A bad Method of giving Laws.

29.18.

18. Of the Ideas of Uniformity.

collapse section

29.19.

19. Of Legislators.

collapse section

30.

Book XXX. Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy.

collapse section

30.1.

1. Of Feudal Laws.

collapse section

30.2.

2. Of the Source of Feudal Laws.

collapse section

30.3.

3. The Origin of Vassalage.

collapse section

30.4.

4. The same Subject continued.

30.5.

5. Of the Conquests of the Franks.

30.6.

6. Of the Goths, Burgundians, and Franks.

collapse section

30.7.

7. Different Ways of dividing the Land.

collapse section

30.8.

8. The same Subject continued.

collapse section

30.9.

9. A just Application of the Law of the Burgundians, and of that of the Visigoths, in relation to the Division of Lands.

collapse section

30.10.

10. Of Servitudes.

collapse section

30.11.

11. The same Subject continued.

collapse section

30.12.

12. That the Lands belonging to the Division of the Barbarians paid no Taxes.

collapse section

30.13.

13. Of Taxes paid by the Romans and Gauls in the Monarchy of the Franks.

collapse section

30.14.

14. Of what they called Census.

collapse section

30.15.

15. That what they called Census was raised only on the Bondmen and not on the Freemen.

collapse section

30.16.

16. Of the feudal Lords or Vassals.

collapse section

30.17.

17. Of the military Service of Freemen.

collapse section

30.18.

18. Of the double Service.

collapse section

30.19.

19. Of Compositions among the barbarous Nations.

collapse section

30.20.

20. Of what was afterwards called the Jurisdiction of the Lords.

collapse section

30.21.

21. Of the Territorial Jurisdiction of the Churches.

collapse section

30.22.

22. That the Jurisdictions were established before the End of the Second Race.

30.23.

23. General Idea of the Abbé du Bos' Book on the Establishment of the French Monarchy in Gaul.

collapse section

30.24.

24. The same Subject continued.

collapse section

30.25.

25. Of the French Nobility.

collapse section

31.

Book XXXI. Theory of the Feudal Laws among the Franks, in the Relation They Bear to the Revolutions of their Monarchy.

collapse section

31.1.

1. Changes in the Offices and in the Fiefs.

collapse section

31.2.

2. How the Civil Government was reformed.

collapse section

31.3.

3. Authority of the Mayors of the Palace.

collapse section

31.4.

4. Of the Genius of the Nation in regard to the Mayors.

collapse section

31.5.

5. In what Manner the Mayors obtained the Command of the Armies.

collapse section

31.6.

6. Second Epoch of the Humiliation of our Kings of the first Race.

collapse section

31.7.

7. Of the great Offices and Fiefs under the Mayors of the Palace.

collapse section

31.8.

8. In what Manner the Allodial Estates were changed into Fiefs.

collapse section

31.9.

9. How the Church Lands were converted into Fiefs.

31.10.

10. Riches of the Clergy.

collapse section

31.11.

11. State of Europe at the Time of Charles Martel.

collapse section

31.12.

12. Establishment of the Tithes.

collapse section

31.13.

13. Of the Election of Bishops and Abbots.

collapse section

31.14.

14. Of the Fiefs of Charles Martel.

collapse section

31.15.

15. The same Subject continued.

collapse section

31.16.

16. Confusion of the Royalty and Mayoralty. The Second Race.

collapse section

31.17.

17. A particular Circumstance in the Election of the Kings of the Second Race.

collapse section

31.18.

18. Charlemagne.

collapse section

31.19.

19. The same Subject continued.

collapse section

31.20.

20. Louis the Debonnaire.

collapse section

31.21.

21. The same Subject continued.

collapse section

31.22.

22. The same Subject continued.

collapse section

31.23.

23. The same Subject continued.

collapse section

31.24.

24. That the Freemen were rendered capable of holding Fiefs.

collapse section

31.25.

25. Changes in the Allodia.

collapse section

31.26.

26. Changes in the Fiefs.

collapse section

31.27.

27. Another change which happened in the Fiefs.

collapse section

31.28.

28. Changes which happened in the great Offices, and in the Fiefs.

collapse section

31.29.

29. Of the Nature of the Fiefs after the Reign of Charles the Bald.

collapse section

31.30.

30. The same Subject continued.

collapse section

31.31.

31. In what Manner the Empire was transferred from the Family of Charlemain.

collapse section

31.32.

32. In what Manner the Crown of France was transferred to the House of Hugh Capet.

collapse section

31.33.

33. Some Consequences of the Perpetuity of Fiefs.

collapse section

31.34.

34. The same Subject continued.

collapse section

Collapse All | Expand All expand section

The Roman Emperors manifested their will, like our princes, by decrees and edicts; but they permitted, which our princes do not, both the judges and private people to interrogate them by letters in their several differences; and their answers were called rescripts. The decretals of the popes are rescripts, strictly speaking. It is plain that this is a bad method of legislation. Those who thus apply for laws are improper guides to the legislator; the facts are always wrongly stated. Julius Capitolinus says [47] that Trajan often refused to give this kind of rescripts, lest a single decision, and frequently a particular favour, should be extended to all cases. Macrinus had resolved to abolish all those rescripts; [48] he could not bear that the answers of Commodus, Caracalla, and all those other ignorant princes, should be considered as laws. Justinian thought otherwise, and he filled his compilation with them.

I would advise those who read the Roman laws to distinguish carefully between this sort of hypothesis, and the Senatus Consulta, the Plebiscita, the general constitutions of the emperors, and all the laws founded on the nature of things, on the frailty of women, the weakness of minors, and the public utility.