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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
  
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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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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1. Different Character of the Laws of the several People of Germany.
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2. That the Laws of the Barbarians were all personal.
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3. Capital Difference between the Salic Laws and those of the Visigoths and Burgundians.
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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.
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5. The same Subject continued.
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[chapter]
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7. How the Roman Law came to be lost in Spain.
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8. A false Capitulary.
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9. In what manner the Codes of Barbarian Laws and the Capitularies came to be lost.
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10. The same Subject continued.
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11. Other Causes of the Disuse of the Codes of Barbarian Laws, as well as of the Roman Law, and of the Capitularies.
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12. Of local Customs. Revolution of the Laws of barbarous Nations, as well as of the Roman Law.
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13. Difference between the Salic law, or that of the Salian Franks, and that of thee Ripuarian Franks and other barbarous Nations.
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14. Another Difference.
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15. A Reflection.
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16. Of the Ordeal or Trial by boiling Water, established by the Salic Law.
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17. Particular Notions of our Ancestors.
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18. In what manner the Custom of judicial Combats gained Ground.
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19. A new Reason of the Disuse of the Salic and Roman Laws, as also of the Capitularies.
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20. Origin of the Point of Honour.
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21. A new Reflection upon the Point of Honour among the Germans.
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22. Of the Manners in relation to judicial Combats.
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23. Of the Code of Laws on judicial Combats.
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24. Rules established in the judicial Combat.
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25. Of the Bounds prescribed to the Custom of judicial Combats.
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26. On the judiciary Combat between one of the Parties and one of the Witnesses.
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27. Of the judicial Combat between one of the Parties and one of the Lords' Peers.
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28. Of the Appeal of Default of Justice.
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29. Epoch of the Reign of St. Louis.
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30. Observation on Appeals.
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31. The same Subject continued.
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32. The same Subject continued.
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33. The same Subject continued.
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34. In what Manner the Proceedings at Law became secret.
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35. Of the Costs.
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36. Of the public Prosecutor.
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37. In what Manner the Institutions of St. Louis fell into Oblivion.
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38. The same Subject continued.
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39. The same Subject continued.
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40. In what Manner the judiciary Forms were borrowed from the Decretals.
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41. Flux and Reflux of the ecclesiastic and temporal Jurisdiction.
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42. The Revival of the Roman Law, and the Result thereof.
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43. The same Subject continued.
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44. Of the Proof by Witnesses.
  
[section]
  
Footnotes
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45. Of the Customs of France.
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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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6.13. 13. Of the Spirit of the Roman Senate.

Under the consulate of Acilius Glabrio and Piso, the Asilian law [38] was made to prevent the intriguing for places. Dio says [39] that the senate engaged the consuls to propose it, by reason that C. Cornelius, the tribune, had resolved to cause more severe punishments to be established against this crime; to which the people seemed greatly inclined. The senate rightly judged that immoderate punishments would strike, indeed, a terror into people's minds, but must have also this effect, that there would be nobody afterwards to accuse or condemn; whereas, by proposing moderate penalties, there would be always judges and accusers.

Footnotes

[38]

The guilty were condemned to a fine; they could not be admitted into the rank of senators, nor nominated to any public office. — Dio, Book xxxvi., 21.

[39]

Ibid.

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