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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.
 12.1. 
1. Idea of this Book.
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2. Of the Liberty of the Subject.
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3. The same Subject continued.
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4. That Liberty is favoured by the Nature and Proportion of Punishments.
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5. Of certain Accusations that require particular Moderation and Prudence.
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6. Of the Crime against Nature.
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7. Of the Crime of High Treason.
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8. Of the Misapplication of the Terms Sacrilege and High Treason.
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9. The same Subject continued.
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10. The same Subject continued.
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11. Of Thoughts.
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12. Of indiscreet Speeches.
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13. Of Writings.
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14. Breach of Modesty in punishing Crimes.
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15. Of the Enfranchisement of Slaves in order to accuse their Master.
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16. Of Calumny with regard to the Crime of High Treason.
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17. Of the revealing of Conspiracies.
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18. How dangerous it is in Republics to be too severe in punishing the Crime of High Treason.
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19. In what Manner the Use of Liberty is suspended in a Republic.
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20. Of Laws favourable to the Liberty of the Subject in a Republic.
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21. Of the Cruelty of Laws in respect to Debtors in a Republic.
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22. Of Things that strike at Liberty in Monarchies.
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23. Of Spies in Monarchies.
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24. Of Anonymous Letters.
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25. Of the Manner of governing in Monarchies.
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26. That in a Monarchy the Prince ought to be of easy Access.
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27. Of the Manners of a Monarch.
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28. Of the Regard which Monarchs owe to their Subjects.
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29. Of the civil Laws proper for mixing some portion of Liberty in a despotic Government.
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[chapter]
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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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previous section12. Of the Freedom of Commerce. The Spirit of the Laws
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20.12. 12. Of the Freedom of Commerce.

The freedom of commerce is not a power granted to the merchants to do what they please: this would be more properly its slavery. The constraint of the merchant is not the constraint of commerce. It is in the freest countries that the merchant finds innumerable obstacles; and he is never less crossed by laws than in a country of slaves.

England prohibits the exportation of her wool; coals must be brought by sea to the capital; no horses, except geldings, are allowed to be exported; and the vessels of her colonies trading to Europe must take in water in England. [9] The English constrain the merchant, but it is in favour of commerce.

Footnotes

[9]

Acts of Navigation, 1660. It is only in time of war that the merchants of Boston and Philadelphia send their vessels directly to the Mediterranean.

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