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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
  
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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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1. Of Feudal Laws.
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2. Of the Source of Feudal Laws.
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3. The Origin of Vassalage.
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4. The same Subject continued.
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5. Of the Conquests of the Franks.
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6. Of the Goths, Burgundians, and Franks.
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7. Different Ways of dividing the Land.
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8. The same Subject continued.
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9. A just Application of the Law of the Burgundians, and of that of the Visigoths, in relation to the Division of Lands.
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10. Of Servitudes.
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11. The same Subject continued.
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12. That the Lands belonging to the Division of the Barbarians paid no Taxes.
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13. Of Taxes paid by the Romans and Gauls in the Monarchy of the Franks.
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14. Of what they called Census.
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15. That what they called Census was raised only on the Bondmen and not on the Freemen.
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16. Of the feudal Lords or Vassals.
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17. Of the military Service of Freemen.
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18. Of the double Service.
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19. Of Compositions among the barbarous Nations.
  
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Footnotes
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20. Of what was afterwards called the Jurisdiction of the Lords.
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21. Of the Territorial Jurisdiction of the Churches.
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22. That the Jurisdictions were established before the End of the Second Race.
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23. General Idea of the Abbé du Bos' Book on the Establishment of the French Monarchy in Gaul.
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24. The same Subject continued.
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25. Of the French Nobility.
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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 section21. How the Laws ought to have a Relation to Manners and Customs. The Spirit of the Laws
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19.21. 21. How the Laws ought to have a Relation to Manners and Customs.

It is only singular institutions which thus confound laws, manners, and customs — things naturally distinct and separate; but though they are in themselves different, there is nevertheless a great relation between them.

Solon being asked if the laws he had given to the Athenians were the best, he replied, "I have given them the best they were able to bear" [24] -- a fine expression, that ought to be perfectly understood by all legislators! When Divine Wisdom said to the Jews, "I have given you precepts which are not good," this signified that they had only a relative goodness; which is the sponge that wipes out all the difficulties in the law of Moses.

Footnotes

[24]

Plutarch, "Life of Solon."

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