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The Spirit of the Laws

  
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The Translator to the Reader
  
CONTENTS
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PREFACE
  
ADVERTISEMENT

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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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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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1. Of the Public Revenues.
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2. That it is bad Reasoning to say that the Greatness of Taxes is good in its own Nature.
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3. Of Taxes in Countries where Part of the People are Villains or Bondmen.
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4. Of a Republic in the like Case.
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5. Of a Monarchy in the like Case.
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6. Of a despotic Government in the like Case.
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7. Of Taxes in Countries where Villainage is not established.
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8. In what Manner the Deception is preserved.
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9. Of a bad Kind of Impost.
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10. That the Greatness of Taxes depends on the Nature of the Government.
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11. Of Confiscations.
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12. Relation between the Weight of Taxes and Liberty.
  
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Footnotes
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13. In what Government Taxes are capable of Increase.
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14. That the Nature of the Taxes is in Relation to the Government.
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15. Abuse of Liberty.
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16. Of the Conquests of the Mahometans.
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17. Of the Augmentation of Troops.
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18. Of an Exemption from Taxes.
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19. Which is more suitable to the Prince and to the People, the farming the Revenues, or managing them by Commission?
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20. Of the Farmers of the Revenues.
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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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previous section6. Of a single Magistrate. The Spirit of the Laws
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6.6. 6. Of a single Magistrate.

A magistracy of this kind cannot take place but in a despotic government. We have an instance in the Roman history how far a single magistrate may abuse his power. Might it not be very well expected that Appius on his tribunal should contemn all laws, after having violated that of his own enacting? [19] Livy has given us the iniquitous distinction of the Decemvir. He had suborned a man to reclaim Virginia in his presence as his slave; Virginia's relatives insisted that by virtue of his own law she should be consigned to them, till the definitive judgment was passed. Upon which he declared that his law had been enacted only in favour of the father, and that as Virginius was absent, no application could be made of it to the present case. [20]

Footnotes

[19]

See Leg. 2, 24, Dig. ff. de orig. jur.

[20]

Quod pater puellæ abesset, locum injuriæ esse ratus. — Livy, dec. I, iii. 44.

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