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The Spirit of the Laws

  
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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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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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1. Changes in the Offices and in the Fiefs.
  
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Footnotes
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2. How the Civil Government was reformed.
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3. Authority of the Mayors of the Palace.
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4. Of the Genius of the Nation in regard to the Mayors.
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5. In what Manner the Mayors obtained the Command of the Armies.
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6. Second Epoch of the Humiliation of our Kings of the first Race.
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7. Of the great Offices and Fiefs under the Mayors of the Palace.
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8. In what Manner the Allodial Estates were changed into Fiefs.
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9. How the Church Lands were converted into Fiefs.
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10. Riches of the Clergy.
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11. State of Europe at the Time of Charles Martel.
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12. Establishment of the Tithes.
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13. Of the Election of Bishops and Abbots.
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14. Of the Fiefs of Charles Martel.
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15. The same Subject continued.
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16. Confusion of the Royalty and Mayoralty. The Second Race.
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17. A particular Circumstance in the Election of the Kings of the Second Race.
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18. Charlemagne.
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19. The same Subject continued.
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20. Louis the Debonnaire.
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21. The same Subject continued.
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22. The same Subject continued.
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23. The same Subject continued.
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24. That the Freemen were rendered capable of holding Fiefs.
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25. Changes in the Allodia.
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26. Changes in the Fiefs.
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27. Another change which happened in the Fiefs.
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28. Changes which happened in the great Offices, and in the Fiefs.
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29. Of the Nature of the Fiefs after the Reign of Charles the Bald.
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30. The same Subject continued.
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31. In what Manner the Empire was transferred from the Family of Charlemain.
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32. In what Manner the Crown of France was transferred to the House of Hugh Capet.
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33. Some Consequences of the Perpetuity of Fiefs.
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34. The same Subject continued.

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11.3. 3. In what Liberty consists.

It is true that in democracies the people seem to act as they please; but political liberty does not consist in an unlimited freedom. In governments, that is, in societies directed by laws, liberty can consist only in the power of doing what we ought to will, and in not being constrained to do what we ought not to will.

We must have continually present to our minds the difference between independence and liberty. Liberty is a right of doing whatever the laws permit, and if a citizen could do what they forbid he would be no longer possessed of liberty, because all his fellow-citizens would have the same power.

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