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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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1. General Idea.
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2. Of the Difference of Men in different Climates.
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3. Contradiction in the Tempers of some Southern Nations.
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4. Cause of the Immutability of Religion, Manners, Customs, and Laws in the Eastern Countries.
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5. That those are bad Legislators who favour the Vices of the Climate, and good Legislators who oppose those Vices.
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6. Of Agriculture in warm Climates. Agriculture is the principal labour of man.
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7. Of Monkery.
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8. An excellent Custom of China.
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9. Means of encouraging Industry.
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10. Of the Laws in relation to the Sobriety of the People.
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11. Of the Laws in relation to the Distempers of the Climate.
  
[section]
  
Footnotes
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12. Of the Laws against Suicides.
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13. Effects arising from the Climate of England.
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14. Other Effects of the Climate.
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15. Of the different Confidence which the Laws have in the People, according to the Difference of Climates.
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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 section18. Of the Law of Retaliation. The Spirit of the Laws
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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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