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The Spirit of the Laws

  
[title page]
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The Translator to the Reader
  
CONTENTS
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PREFACE
  
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Book I. Of Laws in General.
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Book II. Of Laws Directly Derived from the Nature of Government.
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Book III. Of the Principles of the Three Kinds of Government.
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Book IV. That the Laws of Education Ought to Be in Relation to the Principles of Government.
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Book V. That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government.
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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.
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1. Of the Simplicity of Civil Laws in different Governments.
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3. In what Governments and in what Cases the Judges ought to determine according to the express Letter of the Law.
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3. Of the Manner of passing Judgment.
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5. In what Governments the Sovereign may be Judge.
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5. That in Monarchies Ministers ought not to sit as Judges.
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6. Of a single Magistrate.
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7. Of Accusation in different Governments.
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8. Of the Severity of Punishments in different Governments.
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9. Of the ancient French Laws.
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10. That when People are virtuous few Punishments are necessary.
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11. Of the Power of Punishments.
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12. Insufficiency of the Laws of Japan.
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13. Of the Spirit of the Roman Senate.
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14. Of the Roman Laws in respect to Punishments.
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15. Of the just Proportion between Punishments and Crimes.
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16. Of the Rack.
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17. Of pecuniary and corporal Punishments.
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18. Of the Law of Retaliation.
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19. Of the Punishment of Fathers for the Crimes of their Children.
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20. Of the Clemency of the Prince.
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Book VII. Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws, Luxury, and the Condition of Women.
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Book VIII. Of the Corruption of the Principles of the Three Governments.
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Book IX., Of Laws in the Relation They Bear to a Defensive Force.
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Book X. Of Laws in the Relation They Bear to Offensive Force.
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Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Consti- tution.
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Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject.
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Book XIII. Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Bear to Liberty.
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Book XIV. Of Laws in Relation to the Nature of the Climate.
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Book XV. In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate.
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Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate.
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Book XVII., How the Laws of Political Servitude Bear a Relation to the Nature of the Climate.
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Book XVIII. Of Laws in the Relation They Bear to the Nature of the Soil.
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Book XIX. Of Laws in Relation to the Principles Which Form the General Spirit, Morals, and Customs of a Nation.
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Book XX. Of Laws in Relation to Commerce, Considered in its Nature and Distinctions.
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Book XXI. Of Laws in relation to Commerce, considered in the Revolutions it has met with in the World.
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Book XXII. Of Laws in Relation to the Use of Money.
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Book XXIII. Of Laws in the Relation They Bear to the Number of Inhabitants.
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Book XXIV. Of Laws in relation to Religion Considered in Itself, and in its Doctrines.
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Book XXV. Of Laws in Relation to the Establishment of Religion and its External Polity.
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Book XXVI. Of Laws in Relation to the Order of Things Which They Determine.
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Book XXVII. Of the Origin and Revolutions of the Roman Laws on Successions.
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Book XXVIII. Of the Origin and Revolutions of the Civil Laws among the French.
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Book XXIX. Of the Manner of Composing Laws.
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Book XXX. Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy.
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Book XXXI. Theory of the Feudal Laws among the Franks, in the Relation They Bear to the Revolutions of their Monarchy.

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

It is likewise a very great inconvenience in monarchies for the ministers of the prince to sit as judges. We have still instances of states where there are a great number of judges to decide exchequer causes, and where the ministers nevertheless (a thing most incredible!) would fain determine them. Many are the reflections that here arise; but this single one will suffice for my purpose.

There is in the very nature of things a kind of contrast between a prince's council and his courts of judicature. The king's council ought to be composed of a few persons, and the courts of judicature of a great many. The reason is, in the former, things should be undertaken and conducted with a kind of warmth and passion, which can hardly be expected but from four or five men who make it their sole business. On the contrary, in courts of judicature a certain coolness in requisite, and an indifference, in some measure, to all manner of affairs.

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