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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.
  
[section]
  
Footnotes
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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.
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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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6.18. 18. Of the Law of Retaliation.

The use of the law of retaliation [58] is very frequent in despotic countries, where they are fond of simple laws. Moderate governments admit of it sometimes; but with this difference, that the former exercise it in full rigour, whereas among the latter it ever receives some kind of limitation.

The law of the Twelve Tables admitted two: first, it never condemned to retaliation, but when the plaintiff could not be satisfied in any other manner. [59] Secondly, after condemnation they might pay damages and interest, [60] and then the corporal was changed into a pecuniary punishment. [61]

Footnotes

[58]

It is established in the "Koran." See the chapter, Of the Cow.

[59]

"Si membrum rupit, ni cum eo pacit, talio esto." Aulus Gellius, xx. i.

[60]

Ibid.

[61]

See also the Law of the Visigoths, vi, tit. 4, 3, 5.

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