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The Spirit of the Laws | ||
CONTENTS
- Preface
- Advertisement
- Book I. Of Laws in General.
- 1. Of the Relation of Laws to Different Beings.
- 2. Of the Laws of Nature.
- 3. Of Positive Laws.
- Book II. Of Laws Directly Derived from the Nature of Government.
- 1. Of the Nature of the Three Different Governments.
- 2. Of the Republican Government, and the Laws in Relation to Democracy.
- 3. Of the Laws in Relation to the Nature of Aristocracy.
- 4. Of the Relation of Laws to the Nature of Monarchical Government.
- 5. Of the Laws in Relation to the Nature of a Despotic Government.
- Book III. Of the Principles of the Three Kinds of Government.
- 1. Difference Between the Nature and Principle of Government.
- 2. Of the Principle of Different Governments.
- 3. Of the Principle of Democracy.
- 4. Of the Principle of Aristocracy.
- 5. That Virtue Is Not the Principle of a Monarchical Government.
- 6. In What Manner Virtue Is Supplied in a Monarchical Government.
- 7. Of the Principle of Monarchy.
- 8. That Honour Is Not the Principle of Despotic Government.
- 9. Of the Principle of Despotic Government.
- 10. Difference of Obedience in Moderate and Despotic Governments.
- 11. Reflections on the Preceding Chapters.
- Book IV. That the Laws of Education Ought to Be in Relation to the Principles of Government.
- 1. Of the Laws of Education.
- 2. Of Education in Monarchies.
- 3. Of Education in a Despotic Government.
- 4. Difference between the Effects of Ancient and Modern Education.
- 5. Of Education in a Republican Government.
- 6. Of some Institutions among the Greeks.
- 7. In What Cases These Singular Institutions May Be of Service.
- 8. Explanation of a Paradox of the Ancients in Respect to Manners.
- Book V. That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government.
- 1. Idea of This Book.
- 2. What Is Meant by Virtue in a Political State.
- 3. What Is Meant by a Love of the Republic in a Democracy.
- 4. In What Manner the Love of Equality and Frugality Is Inspired.
- 5. In What Manner the Laws Establish Equality in a Democracy.
- 6. In What Manner the Laws Ought to Maintain Frugality in a Democracy.
- 7. Other Methods of Favouring the Principle of Democracy.
- 8. In What Manner the Laws Should Relate to the Principle of Government in an Aristocracy.
- 9. In What Manner the Laws Are in Relation to Their Principle in Monarchies.
- 10. Of the Expedition Peculiar to the Executive Power in Monarchies.
- 11. Of the Excellence of a Monarchical Government.
- 12. The Same Subject Continued.
- 13. An Idea of Despotic Power.
- 14. In What Manner the Laws Are in Relation to the Principles of Despotic Government.
- 15. The Same Subject Continued.
- 16. Of the Communication of Power.
- 17. Of Presents.
- 18. Of Rewards Conferred by the Sovereign.
- 19. New Consequences of the Principles of the Three Governments.
- 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.
- 1. Of the Simplicity of Civil Laws in Different Governments.
- 2. Of the Simplicity of Criminal Laws in Different Governments.
- 3. In What Governments and in What Cases the Judges Ought to Determine According to the Express Letter of the Law.
- 4. Of the Manner of Passing Judgment.
- 5. In What Governments the Sovereign May Be Judge.
- 6. That in Monarchies Ministers Ought Not to Sit as Judges.
- 7. Of a Single Magistrate.
- 8. Of Accusation in Different Governments.
- 9. Of the Severity of Punishments in Different Governments.
- 10. Of the Ancient French Laws.
- 11. That When People Are Virtuous, Few Punishments Are Necessary.
- 12. Of the Power of Punishments.
- 13. Insufficiency of the Laws of Japan.
- 14. Of the Spirit of the Roman Senate.
- 15. Of the Roman Laws in Respect to Punishments.
- 16. Of the Just Proportion between Punishments and Crimes.
- 17. Of the Rack.
- 18. Of Pecuniary and Corporal Punishments.
- 19. Of the Law of Retaliation.
- 20. Of the Punishment of Fathers for the Crimes of Their Children.
- 21. Of the Clemency of the Prince.
- Book VII. Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws, Luxury, and the Condition of Women.
- 1. Of Luxury.
- 2. Of Sumptuary Laws in a Democracy.
- 3. Of Sumptuary Laws in an Aristocracy.
- 4. Of Sumptuary Laws in a Monarchy.
- 5. In What Cases Sumptuary Laws Are Useful in a Monarchy.
- 6. Of the Luxury of China.
- 7. Fatal Consequences of Luxury in China.
- 8. Of Public Continency.
- 9. Of the Condition or State of Women in Different Governments.
- 10. Of the Domestic Tribunal among the Romans.
- 11. In What Manner the Institutions Changed at Rome, Together with the Government.
- 12. Of the Guardianship of Women among the Romans.
- 13. Of the Punishments Decreed by the Emperors against the Incontinence of Women.
- 14. Sumptuary Laws among the Romans.
- 15. Of Dowries and Nuptial Advantages in Different Constitutions.
- 16. An Excellent Custom of the Samnites.
- 17. Of Female Administration.
- Book VIII. Of the Corruption of the Principles of the Three Governments.
- 1. General Idea of This Book.
- 2. Of the Corruption of the Principles of Democracy.
- 3. Of the Spirit of Extreme Equality.
- 4. Particular Cause of the Corruption of the People.
- 5. Of the Corruption of the Principle of Aristocracy.
- 6. Of the Corruption of the Principle of Monarchy.
- 7. The Same Subject Continued.
- 8. Danger of the Corruption of the Principle of Monarchical Government.
- 9. How Ready the Nobility Are to Defend the Throne.
- 10. Of the Corruption of the Principle of Despotic Government.
- 11. Natural Effects of the Goodness and Corruption of the Principles of Government.
- 12. The Same Subject Continued.
- 13. The Effect of an Oath among Virtuous People.
- 14. How the Smallest Change of the Constitution Is Attended with the Ruin of its Principles.
- 15. Sure Methods of Preserving the Three Principles.
- 16. Distinctive Properties of a Republic.
- 17. Distinctive Properties of a Monarchy.
- 18. Particular Case of the Spanish Monarchy.
- 19. Distinctive Properties of a Despotic Government.
- 20. Consequence of the Preceding Chapters.
- 21. Of the Empire of China.
- Book IX. Of Laws in the Relation They Bear to a Defensive Force.
- 1. In What Manner Republics Provide for Their Safety.
- 2. That a Confederate Government Ought to Be Composed of States of the Same Nature, Especially of the Republican Kind.
- 3. Other Requisites in a Confederate Republic.
- 4. In What Manner Despotic Governments Provide for their Security.
- 5. In What Manner a Monarchical Government Provides for Its Security.
- 6. Of the Defensive Force of States in General.
- 7. A Reflection.
- 8. A Particular Case in Which the Defensive Force of a State Is Inferior to the Offensive.
- 9. Of the Relative Force of States.
- 10. Of the Weakness of Neighbouring States.
- Book X. Of Laws in the Relation They Bear to Offensive Force.
- 1. Of Offensive Force.
- 2. Of War.
- 3. Of the Right of Conquest.
- 4. Some Advantages of a Conquered People.
- 5. Gelon, King of Syracuse.
- 6. Of Conquest Made by a Republic.
- 7. The Same Subject Continued.
- 8. The Same Subject Continued.
- 9. Of Conquests Made by a Monarchy.
- 10. Of One Monarchy That Subdues Another.
- 11. Of the Manners of a Conquered People.
- 12. Of a Law of Cyrus.
- 13. Charles XII.
- 14. Alexander.
- 15. New Methods of Preserving a Conquest.
- 16. Of Conquests Made by a Despotic Prince.
- 17. The Same Subject Continued.
- Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Constitution.
- 1. A General Idea.
- 2. Different Significations of the Word Liberty.
- 3. In What Liberty Consists.
- 4. The Same Subject Continued.
- 5. Of the End or View of Different Governments.
- 6. Of the Constitution of England.
- 7. Of the Monarchies We Are Acquainted With.
- 8. Why the Ancients Had Not a Clear Idea of Monarchy.
- 9. Aristotle's Manner of Thinking.
- 10. What Other Politicians Thought.
- 11. Of the Kings of the Heroic Times of Greece.
- 12. Of the Government of the Kings of Rome, and in What Manner the Three Powers Were There Distributed.
- 13. General Reflections on the State of Rome after the Expulsion of its Kings.
- 14. In What Manner the Distribution of the Three Powers Began to Change after the Expulsion of the Kings.
- 15. In What Manner Rome, in the Flourishing State of That Republic, Suddenly Lost its Liberty.
- 16. Of the Legislative Power in the Roman Republic.
- 17. Of the Executive Power in the Same Republic.
- 18. Of the Judiciary Power in the Roman Government.
- 19. Of the Government of the Roman Provinces.
- 20. The End of This Book.
- Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject.
- 1. Idea of This Book.
- 2. Of the Liberty of the Subject.
- 3. The Same Subject Continued.
- 4. That Liberty is Favoured by the Nature and Proportion of Punishments.
- 5. Of Certain Accusations That Require Particular Moderation and Prudence.
- 6. Of the Crime against Nature.
- 7. Of the Crime of High Treason.
- 8. Of the Misapplication of the Terms Sacrilege and High Treason.
- 9. The Same Subject Continued.
- 10. The Same Subject Continued.
- 11. Of Thoughts.
- 12. Of Indiscreet Speeches.
- 13. Of Writings.
- 14. Breach of Modesty in Punishing Crimes.
- 15. Of the Enfranchisement of Slaves in Order to Accuse Their Master.
- 16. Of Calumny with Regard to the Crime of High Treason.
- 17. Of the Revealing of Conspiracies.
- 18. How Dangerous It Is in Republics to Be Too Severe in Punishing the Crime of High Treason.
- 19. In What Manner the Use of Liberty Is Suspended in a Republic.
- 20. Of Laws Favourable to the Liberty of the Subject in a Republic.
- 21. Of the Cruelty of Laws in Respect to Debtors in a Republic.
- 22. Of Things That Strike at Liberty in Monarchies.
- 23. Of Spies in Monarchies.
- 24. Of Anonymous Letters.
- 25. Of the Manner of Governing in Monarchies.
- 26. That in a Monarchy the Prince Ought to Be of Easy Access.
- 27. Of the Manners of a Monarch.
- 28. Of the Regard Which Monarchs Owe to Their Subjects.
- 29. Of the Civil Laws Proper for Mixing Some Portion of Liberty in a Despotic Government.
- 30. The Same Subject Continued.
- Book XIII. Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Bear to Liberty.
- 1. Of the Public Revenues.
- 2. That It Is Bad Reasoning to Say That the Greatness of Taxes Is Good in its Own Nature.
- 3. Of Taxes in Countries Where Part of the People Are Villains or Bondmen.
- 4. Of a Republic in the Like Case.
- 5. Of a Monarchy in the Like Case.
- 6. Of a Despotic Government in the Like Case.
- 7. Of Taxes in Countries where Villainage is Not Established.
- 8. In What Manner the Deception Is Preserved.
- 9. Of a Bad Kind of Impost.
- 10. That the Greatness of Taxes Depends on the Nature of the Government.
- 11. Of Confiscations.
- 12. Relation between the Weight of Taxes and Liberty.
- 13. In What Government Taxes Are Capable of Increase.
- 14. That the Nature of the Taxes Is in Relation to the Government.
- 15. Abuse of Liberty.
- 16. Of the Conquests of the Mahometans.
- 17. Of the Augmentation of Troops.
- 18. Of an Exemption from Taxes.
- 19. Which Is More Suitable to the Prince and to the People, the Farming the Revenues, or Managing Them by Commission?
- 20. Of the Farmers of the Revenues.
- Book XIV. Of Laws in Relation to the Nature of the Climate.
- 1. General Idea.
- 2. Of the Difference of Men in Different Climates.
- 3. Contradiction in the Tempers of Some Southern Nations.
- 4. Cause of the Immutability of Religion, Manners, Customs, and Laws, in the Eastern Countries.
- 5. That Those Are Bad Legislators Who Favour the Vices of the Climate, and Good Legislators Who Oppose Those Vices.
- 6. Of Agriculture in Warm Climates.
- 7. Of Monkery.
- 8. An Excellent Custom of China.
- 9. Means of Encouraging Industry.
- 10. Of the Laws in Relation to the Sobriety of the People.
- 11. Of the Laws in Relation to the Distempers of the Climate.
- 12. Of the Laws against Suicides.
- 13. Effects Arising from the Climate of England.
- 14. Other Effects of the Climate.
- 15. Of the Different Confidence Which the Laws Have in the People, According to the Difference of Climates.
- Book XV. In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate.
- 1. Of Civil Slavery.
- 2. Origin of the Right of Slavery among the Roman Civilians.
- 3. Another Origin of the Right of Slavery.
- 4. Another Origin of the Right of Slavery.
- 5. Of the Slavery of the Negroes.
- 6. The True Origin of the Right of Slavery.
- 7. Another Origin of the Right of Slavery.
- 8. Inutility of Slavery among Us.
- 9. Several Kinds of Slavery.
- 10. Regulations Necessary in Respect to Slavery.
- 11. Abuses of Slavery.
- 12. Danger from the Multitude of Slaves.
- 13. Of Armed Slaves.
- 14. The Same Subject Continued.
- 15. Precautions to Be Used in Moderate Governments.
- 16. Regulations between Masters and Slaves.
- 17. Of Enfranchisements.
- 18. Of Freedmen and Eunuchs.
- Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate.
- 1. Of Domestic Servitude.
- 2. That in the Countries of the South There Is a Natural Inequality between the Two Sexes.
- 3. That a Plurality of Wives Greatly Depends on the Means of Supporting Them.
- 4. That the Law of Polygamy Is an Affair That Depends on Calculation.
- 5. The Reason of a Law of Malabar.
- 6. Of Polygamy Considered in Itself.
- 7. Of an Equality of Treatment in Case of Many Wives.
- 8. Of the Separation of Women from Men.
- 9. Of the Connection between Domestic and Political Government.
- 10. The Principle on Which the Morals of the East Are Founded.
- 11. Of Domestic Slavery Independently of Polygamy.
- 12. Of Natural Modesty.
- 13. Of Jealousy.
- 14. Of the Eastern Manner of Domestic Government.
- 15. Of Divorce and Repudiation.
- 16. Of Repudiation and Divorce among the Romans.
- Book XVII. How the Laws of Political Servitude Bear a Relation to the Nature of the Climate.
- 1. Of Political Servitude.
- 2. The Difference between Nations in Point of Courage.
- 3. Of the Climate of Asia.
- 4. The Consequences Resulting from This.
- 5. That When the People in the North of Asia and Those of the North of Europe Made Conquests, the Effects of the Conquests Were Not the Same.
- 6. A new Physical Cause of the Slavery of Asia, and of the Liberty of Europe.
- 7. Of Africa and America.
- 8. Of the Capital of the Empire.
- Book XVIII. Of Laws in the Relation They Bear to the Nature of the Soil.
- 1. How the Nature of the Soil Has an Influence on the Laws.
- 2. The Same Subject Continued.
- 3. What Countries Are Best Cultivated.
- 4. New Effects of the Fertility and Barrenness of Countries.
- 5. Of the Inhabitants of Islands.
- 6. Of Countries Raised by the Industry of Man.
- 7. Of Human Industry.
- 8. The General Relation of Laws.
- 9. Of the Soil of America.
- 10. Of Population in the Relation It Bears to the Manners of Procuring Subsistence.
- 11. Of Savage and Barbarous Nations.
- 12. Of the Law of Nations among People Who Do Not Cultivate the Earth.
- 13. Of the Civil Laws of Those Nations Who Do Not Cultivate the Earth.
- 14. Of the Political State of the People Who Do Not Cultivate the Land.
- 15. Of People Who Know the Use of Money.
- 16. Of Civil Laws among People Who Know Not the Use of Money.
- 17. Of Political Laws among Nations Who Have Not the Use of Money.
- 18. Of the Power of Superstition.
- 19. Of the Liberty of the Arabs and the Servitude of the Tartars.
- 20. Of the Law of Nations as Practised by the Tartars.
- 21. The Civil Law of the Tartars.
- 22. Of a Civil Law of the German Nations.
- 23. Of the Regal Ornaments among the Franks.
- 24. Of the Marriages of the Kings of the Franks.
- 25. Childeric.
- 26. Of the Time When the Kings of the Franks Became of Age.
- 27. The Same Subject Continued.
- 28. Of Adoption among the Germans.
- 29. Of the Sanguinary Temper of the Kings of the Franks.
- 30. Of the National Assemblies of the Franks.
- 31. Of the Authority of the Clergy under the First Race.
- Book XIX. Of Laws in Relation to the Principles Which Form the General Spirit, Morals, and Customs of a Nation.
- 1. Of the Subject of This Book.
- 2. That It Is Necessary People's Minds Should Be Prepared for the Reception of the Best Laws.
- 3. Of Tyranny.
- 4. Of the General Spirit of Mankind.
- 5. How Far We Should Be Attentive Lest the General Spirit of a Nation Be Changed.
- 6. That Everything Ought Not to Be Corrected.
- 7. Of the Athenians and Lacedmonians.
- 8. Effects of a Sociable Temper.
- 9. Of the Vanity and Pride of Nations.
- 10. Of the Character of the Spaniards and Chinese.
- 11. A Reflection.
- 12. Of Customs and Manners in a Despotic State.
- 13. Of the Behaviour of the Chinese.
- 14. What Are the Natural Means of Changing the Manners and Customs of a Nation.
- 15. The Influence of Domestic Government on the Political.
- 16. How some Legislators Have Confounded the Principles Which Govern Mankind.
- 17. Of the Peculiar Quality of the Chinese Government.
- 18. A Consequence Drawn from the Preceding Chapter.
- 19. How This Union of Religion, Laws, Manners, and Customs among the Chinese Was Effected.
- 20. Explanation of a Paradox Relating to the Chinese.
- 21. How the Laws Ought to Have a Relation to Manners and Customs.
- 22. The Same Subject Continued.
- 23. How the Laws Are Founded on the Manners of a People.
- 24. The Same Subject Continued.
- 25. The Same Subject Continued.
- 26. The Same Subject Continued.
- 27. How the Laws Contribute to Form the Manners, Customs, and Character of a Nation.
- Book XX. Of Laws in Relation to Commerce, Considered in its Natureand Distinctions.
- 1. Of Commerce.
- 2. Of the Spirit of Commerce.
- 3. Of the Poverty of the People.
- 4. Of Commerce in Different Governments.
- 5. Of Nations That Have Entered into an Economical Commerce.
- 6. Some Effects of an Extensive Navigation.
- 7. The Spirit of England with Respect to Commerce.
- 8. In What Manner Economical Commerce Has Been Sometimes Restrained.
- 9. Of the Prohibition of Commerce.
- 10. An Institution Adapted to Economical Commerce.
- 11. The Same Subject Continued.
- 12. Of the Freedom of Commerce.
- 13. What It Is That Destroys This Liberty.
- 14. The Laws of Commerce Concerning the Confiscation of Merchandise.
- 15. Of Seizing the Persons of Merchants.
- 16. An Excellent Law.
- 17. A Law of Rhodes.
- 18. Of the Judges of Commerce.
- 19. That a Prince Ought Not to Engage Himself in Commerce.
- 20. The Same Subject Continued.
- 21. Of the Commerce of the Nobility in a Monarchy.
- 22. A Singular Reflection.
- 23. To What Nations Commerce Is Prejudicial.
- Book XXI. Of Laws in Relation to Commerce, Considered in the Revolutions It Has Met With in the World.
- 1. Some General Considerations.
- 2. Of the People of Africa.
- 3. That the Wants of the People in the South Are Different from those of the North.
- 4. The Principal Difference between the Commerce of the Ancients and the Moderns.
- 5. Other Differences.
- 6. Of the Commerce of the Ancients.
- 7. Of the Commerce of the Greeks.
- 8. Of Alexander: His Conquests.
- 9. Of the Commerce of the Grecian Kings after the Death of Alexander.
- 10. Of the Circuit of Africa.
- 11. Of Carthage and Marseilles.
- 12. The Isle of Delos. Mithridates.
- 13. Of the Genius of the Romans as to Maritime Affairs.
- 14. Of the Genius of the Romans with Respect to Commerce.
- 15. Of the Commerce of the Romans with the Barbarians.
- 16. Of the Commerce of the Romans with Arabia, and the Indies.
- 17. Of Commerce after the Destruction of the Western Empire.
- 18. A Particular Regulation.
- 19. Of Commerce after the Decay of the Roman Power in the East.
- 20. How Commerce Broke Through the Barbarism of Europe.
- 21. The Discovery of Two New Worlds, and in What Manner Europe Is Affected by It.
- 22. Of the Riches Which Spain Drew from America.
- 23. A Problem..
- Book XXII. Of Laws in Relation to the Use of Money.
- 1. The Reason of the Use of Money.
- 2. Of the Nature of Money.
- 3. Of Ideal Money.
- 4. Of the Quantity of Gold and Silver.
- 5. The Same Subject Continued.
- 6. Why Interest Was Lowered One Half after the Conquest of the Indies.
- 7. How the Price of Things Is Fixed in the Variation of the Sign of Riches.
- 8. The Same Subject Continued.
- 9. Of the Relative Scarcity of Gold and Silver.
- 10. Of Exchange.
- 11. Of the Proceedings of the Romans with Respect to Money.
- 12. The Circumstances in Which the Romans Changed the Value of Their Specie.
- 13. Proceedings with Respect to Money in the Time of the Emperors.
- 14. How Exchange Is a Constraint on Despotic Power.
- 15. The Practice of Some Countries in Italy.
- 16. The Assistance a State May Derive from Bankers.
- 17. Of Public Debts.
- 18. Of the Payment of Public Debts.
- 19. Of Lending upon Interest.
- 20. Of Maritime Usury.
- 21. Of Lending by Contract, and the State of Usury among the Romans.
- 22. The Same Subject Continued.
- Book XXIII. Of Laws in the Relation They Bear to the Number ofInhabitants.
- 1. Of Men and Animals with Respect to the Multiplication of Their Species.
- 2. Of Marriage.
- 3. Of the Condition of Children.
- 4. Of Families.
- 5. Of the Several Orders of Lawful Wives.
- 6. Of Bastards in Different Governments.
- 7. Of the Father's Consent to Marriage.
- 8. The Same Subject Continued.
- 9. Of Young Women.
- 10. What It Is That Determines Marriage.
- 11. Of the Severity of Government.
- 12. Of the Number of Males and Females in Different Countries.
- 13. Of Seaport Towns.
- 14. Of the Productions of the Earth Which Require a Greater or Less Number of Men.
- 15. Of the Number of Inhabitants with Relation to the Arts.
- 16. The Concern of the Legislator in the Propagation of the Species.
- 17. Of Greece, and the Number of its Inhabitants.
- 18. Of the State and Number of People before the Romans.
- 19. Of the Depopulation of the Globe.
- 20. That the Romans Were under the Necessity of Making Laws to Encourage the Propagation of the Species.
- 21. Of the Laws of the Romans Relating to the Propagation of the Species.
- 22. Of the Exposing of Children.
- 23. Of the State of the World after the Destruction of the Romans.
- 24. The Changes Which Happened in Europe, with Regard to the Number of the Inhabitants.
- 25. The Same Subject Continued.
- 26. Consequences.
- 27. Of the Law Made in France to Encourage the Propagation of the Species.
- 28. By What Means We May Remedy a Depopulation.
- 29. Of Hospitals.
- Book XXIV. Of Laws in Relation to Religion, Considered in Itself, and in Its Doctrine.
- 1. Of Religion in General.
- 2. A Paradox of M. Bayle's.
- 3. That a Moderate Government Is Most Agreeable to the Christian Religion, and a Despotic Government to the Mahometan.
- 4. Consequences from the Character of the Christian Religion and That of the Mahometan.
- 5. That the Catholic Religion Is Most Agreeable to a Monarchy, and the Protestant to a Republic.
- 6. Another of M. Bayle's Paradoxes.
- 7. Of the Laws of Perfection in Religion.
- 8. Of the Connection between the Moral Laws and Those of Religion.
- 9. Of the Essenes.
- 10. Of the Sect of Stoics.
- 11. Of Contemplation.
- 12. Of Penances.
- 13. Of Inexpiable Crimes.
- 14. In What Manner Religion Has an Influence on Civil Laws.
- 15. How False Religions Are Sometimes Corrected by the Civil Laws.
- 16. How the Laws of Religion Correct the Inconveniences of a Political Constitution.
- 17. The Same Subject Continued.
- 18. How the Laws of Religion Have the Effect of Civil Laws.
- 19. That It Is Not So Much the Truth or Falsity of a Doctrine Which Renders It Useful or Pernicious to Men in Civil Government, as the Use or Abuse of It.
- 20. The Same Subject Continued.
- 21. Of Metempsychosis.
- 22. That It Is Dangerous for Religion to Inspire an Aversion for Things in Themselves Indifferent.
- 23. Of Festivals.
- 24. Of the Local Laws of Religion.
- 25. The Inconvenience of Transplanting a Religion from One Country to Another.
- 26. The Same Subject Continued.
- Book XXV. Of Laws in Relation to the Establishment of Religion and its External Polity.
- 1. Of Religious Sentiments.
- 2. Of the Motives of Attachment to Different Religions.
- 3. Of Temples.
- 4. Of the Ministers of Religion.
- 5. Of the Bounds Which the Laws Ought to Prescribe to the Riches of the Clergy.
- 6. Of Monasteries.
- 7. Of the Luxury of Superstition.
- 8. Of the Pontificate.
- 9. Of Toleration in Point of Religion.
- 10. The Same Subject Continued.
- 11. Of Changing a Religion.
- 12. Of Penal Laws.
- 13. A Most Humble Remonstrance to the Inquisitors of Spain and Portugal.
- 14. Why the Christian Religion Is So Odious in Japan.
- 15. Of the Propagation of Religion.
- Book XXVI. Of Laws in Relation to the Order of Things Which They Determine.
- 1. Idea of This Book.
- 2. Of Laws Divine and Human.
- 3. Of Civil Laws Contrary to the Law of Nature.
- 4. The Same Subject Continued.
- 5. Cases in Which We May Judge by the Principles of the Civil Law, in Limiting the Principles of the Law of Nature.
- 6. That the Order of Succession or Inheritance Depends on the Principles of Political or Civil Law, and Not on Those of the Law of Nature.
- 7. That We Ought Not to Decide by the Precepts of Religion What Belongs Only to the Law of Nature.
- 8. That We Ought Not to Regulate by the Principles of the Canon Law Things Which Should Be Regulated by Those of the Civil Law.
- 9. That Things Which Ought to Be Regulated by the Principles of Civil Law Can Seldom Be Regulated by Those of Religion..
- 10. In What Case We Ought to Follow the Civil Law Which Permits, and Not the Law of Religion Which Forbids.
- 11. That Human Courts of Justice Should Not Be Regulated by the Maxims of Those Tribunals Which Relate to the Other Life.
- 12. The Same Subject Continued.
- 13. In What Cases, with Regard to Marriage, We Ought to Follow the Laws of Religion; and in What Cases We Should Follow the Civil Laws.
- 14. In What Instances Marriages between Relatives Should Be Regulated by the Laws of Nature; and in What Instances by the Civil Laws.
- 15. That We Should Not Regulate by the Principles of Political Law Those Things Which Depend on the Principles of Civil Law.
- 16. That We Ought Not to Decide by the Rules of the Civil Law, When It Is Proper to Decide by Those of the Political Law.
- 17. The Same Subject Continued.
- 18. That It Is Necessary to Inquire Whether the Laws Which Seem Contradictory Are of the Same Class.
- 19. That We Should Not Decide Those Things by the Civil Law Which Ought to Be Decided by Domestic Laws.
- 20. That We Ought Not to Decide by the Principles of the Civil Laws Those Things Which Belong to the Law of Nations.
- 21. That We Should Not Decide by Political Laws Things Which Belong to the Law of Nations.
- 22. The Unhappy State of the Inca Athualpa.
- 23. That When, by Some Circumstance, the Political Law Becomes Destructive to the State, We Ought to Decide by Such a Political Law, as Will Preserve It, Which Sometimes Becomes a Law of Nations.
- 24. That the Regulations of the Police Are of a Different Class from Other Civil Laws.
- 25. That We Should Not Follow the General Disposition of the Civil Law in Things Which Ought to Be Subject to Particular Rules Drawn from Their Own Nature.
- Book XXVII. Of the Origin and Revolutions of the Roman Laws on Successions.
- Book XXVIII. Of the Origin and Revolutions of the Civil Laws among the French.
- 1. Different Character of the Laws of the Several People of Germany.
- 2. That the Laws of the Barbarians Were All Personal.
- 3. Capital Difference between the Salic Laws, and Those of the Visigoths and Burgundians.
- 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.
- 5. The Same Subject Continued.
- 6. How the Roman Law Kept its Ground in the Demesne of the Lombards.
- 7. How the Roman Law Came to Be Lost in Spain.
- 8. A False Capitulary.
- 9. In What Manner the Codes of Barbarian Laws, and the Capitularies Came to Be Lost.
- 10. The Same Subject Continued.
- 11. Other Causes of the Disuse of the Codes of Barbarian Laws, as well as of the Roman Law, and of the Capitularies.
- 12. Of Local Customs. Revolution of the Laws of Barbarous Nations, as well as of the Roman Law.
- 13. Difference between the Salic Law, or That of the Salian Franks, and That of the Ripuarian Franks, and other Barbarous Nations.
- 14. Another Difference.
- 15. A Reflection.
- 16. Of the Ordeal or Trial by Boiling Water, Established by the Salic Law.
- 17. Particular Notions of Our Ancestors.
- 18. In What Manner the Custom of Judicial Combats Gained Ground.
- 19. A New Reason of the Disuse of the Salic and Roman Laws, as Also of the Capitularies.
- 20. Origin of the Point of Honour.
- 21. A new Reflection on the Point of Honour among the Germans.
- 22. Of the Manners in Relation to Judicial Combats.
- 23. Of the Code of Laws on Judicial Combats.
- 24. Rules Established in the Judicial Combat.
- 25. Of the Bounds Prescribed to the Custom of Judicial Combats.
- 26. On the Judiciary Combat between One of the Parties and One of the Witnesses.
- 27. Of the Judicial Combat between One of the Parties and One of the Lords' Peers. Appeal of False Judgment.
- 28. Of the Appeal of Default of Justice.
- 29. Epoch of the Reign of St. Louis.
- 30. Observation on Appeals.
- 31. The Same Subject Continued.
- 32. The Same Subject Continued.
- 33. The Same Subject Continued.
- 34. In What Manner the Proceedings at Law Became Secret.
- 35. Of the Costs.
- 36. Of the Public Prosecutor.
- 37 In What Manner the Institutions of St. Louis Fell into Oblivion.
- 38. The Same Subject Continued.
- 39. The Same Subject Continued.
- 40. In What Manner the Judiciary Forms Were Borrowed from the Decretals.
- 41. Flux and Reflux of the Ecclesiastic and Temporal Jurisdiction.
- 42. The Revival of the Roman Law, and the Result Thereof. Change of Tribunals.
- 43. The Same Subject Continued.
- 44 Of the Proof by Witnesses.
- 45. Of the Customs of France.
- Book XXIX. Of the Manner of Composing Laws.
- 1. Of the Spirit of a Legislator.
- 2. The Same Subject Continued.
- 3. That the Laws Which Seem to Deviate from the Views of the Legislator Are Frequently Agreeable to Them.
- 4. Of the Laws Contrary to the Views of the Legislator.
- 5. The Same Subject Continued.
- 6. The Laws Which Appear the Same Have Not Always the Same Effect.
- 7. The Same Subject Continued. Necessity of Composing Laws in a Proper Manner.
- 8. That Laws Which Appear the Same Were Not Always Made through the Same Motive.
- 9. That the Greek and Roman Laws Punished Suicide, but Not through the Same Motive.
- 10. That Laws Which Seem Contrary Proceed Sometimes from the Same Spirit.
- 11. How to Compare Two Different Systems of Laws.
- 12. That Laws Which Appear the Same Are Sometimes Really Different.
- 13. That We Must Not Separate Laws from the End for Which They Were Made: of the Roman Laws on Theft.
- 14. That We Must Not Separate the Laws from the Circumstances in Which They Were Made.
- 15. That Sometimes It Is Proper the Law Should Amend Itself.
- 16. Things to Be Observed in the Composing of Laws.
- 17. A bad Method of Giving Laws.
- 18. Of the Ideas of Uniformity.
- 19. Of Legislators.
- Book XXX. Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy.
- 1. Of Feudal Laws.
- 2. Of the Source of Feudal Laws.
- 3. The Origin of Vassalage.
- 4. The Same Subject Continued.
- 5. Of the Conquests of the Franks.
- 6. Of the Goths, Burgundians, and Franks.
- 7. Different Ways of Dividing the Land.
- 8. The Same Subject Continued.
- 9. A Just Application of the Law of the Burgundians, and of That of the Visigoths, in Relation to the Division of Lands.
- 10. Of Servitudes.
- 11. The Same Subject Continued.
- 12. That the Lands Belonging to the Division of the Barbarians Paid No Taxes.
- 13. Of Taxes Paid by the Romans and Gauls, in the Monarchy of the Franks.
- 14. Of What They Called Census.
- 15. That What They Called Census Was Raised Only on the Bondmen and Not on the Freemen.
- 16. Of the Feudal Lords or Vassals.
- 17. Of the Military Service of Freemen.
- 18. Of the Double Service.
- 19. Of Compositions among the Barbarous Nations.
- 20. Of What Was Afterwards Called the Jurisdiction of the Lords.
- 21. Of the Territorial Jurisdiction of the Churches.
- 22. That the Jurisdictions Were Established before the End of the Second Race.
- 23. General Idea of the Abbé Du Bos' Book on the Establishment of the French Monarchy in Gaul.
- 24. The Same Subject Continued. Reflection on the Main Part of the System.
- 25. Of the French Nobility.
- Book XXXI. Theory of the Feudal Laws among the Franks, in the Relation They Bear to the Revolutions of their Monarchy.
- 1. Changes in the Offices and in the Fiefs. Of the Mayors of the Palace.
- 2. How the Civil Government Was Reformed.
- 3. Authority of the Mayors of the Palace.
- 4. Of the Genius of the Nation in Regard to the Mayors.
- 5. In What Manner the Mayors Obtained the Command of the Armies.
- 6. Second Epoch of the Humiliation of Our Kings of the First Race.
- 7. Of the Great Offices and Fiefs under the Mayors of the Palace.
- 8. In What Manner the Allodial Estates Were Changed into Fiefs.
- 9. How the Church Lands Were Converted into Fiefs.
- 10. Riches of the Clergy.
- 11. State of Europe at the Time of Charles Martel.
- 12. Establishment of the Tithes.
- 13. Of the Election of Bishops and Abbots.
- 14. Of the Fiefs of Charles Martel.
- 15. The Same Subject Continued.
- 16. Confusion of the Royalty and Mayoralty. The Second Race.
- 17. A Particular Circumstance in the Election of the Kings of the Second Race.
- 18. Charlemagne.
- 19. The Same Subject Continued.
- 20. Louis the Debonnaire.
- 21. The Same Subject Continued.
- 22. The Same Subject Continued.
- 23. The Same Subject Continued.
- 24. That the Freemen Were Rendered Capable of Holding Fiefs.
- 25. The Principal Cause of the Humiliation of the Second Race. Changes in the Allodia.
- 26. Changes in the Fiefs.
- 27. Another change Which Happened in the Fiefs.
- 28. Changes Which Happened in the Great Offices and in the Fiefs.
- 29. Of the Nature of the Fiefs after the Reign of Charles the Bald.
- 30. The Same Subject Continued.
- 31. In What Manner the Empire Was Transferred from the Family of Charlemagne.
- 32. In What Manner the Crown of France Was Transferred to the House of Hugh Capet.
- 33. Some Consequences of the Perpetuity of Fiefs.
- 34. The Same Subject Continued.
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