CONTENTS.

AN EULOGIUM ON PRESIDENT MONTESQUIEU, BY MONSIEUR DALEMBERT. i

PREFACE. xxxvii

CONTENTS. xli

THE SPIRIT OF LAWS.

Book I. Of laws in general.

Chap I. Of laws as they relate to different beings, page 1

Chap. II. Of the laws of nature, 4

Chap. III. Of positive laws, 6

Book II. Of laws directly derived from the nature of government.

Chap. I. Of the nature of the three different governments, 9

Chap. II. Of the republican government, and the laws relative to democracy, 10

Chap. III. Of the laws relative to the nature of aristocracy, 16

Chap. IV. Of the relation of laws to the nature of monarchical government, 19

Chap. V. Of the laws relative to the nature of a despotic government, 22

Book III. Of the principles of the three kinds of government.

Chap. I. Difference between the nature and principle of government, 24

Chap. II. Of the principle of different governments, 24

Chap. III. Of the principle of democracy, 25

Chap. IV. Of the principle of aristocracy, 28

Chap. V. That virtue is not the principle of a monarchical government, 29

Chap. VI. In what manner virtue is supplied in a monarchical government, 31

Chap. VII. Of the principle of a monarchy, 31

Chap. VIII. That honour is not the principle of despotic government, 32

Chap. IX. Of the principle of despotic government, 33

Chap. X. Difference of obedience in moderate and despotic governments, 34

Chap. XI. Reflections on the foregoing, 36

Book IV. That the laws of education ought to be relative to the principles of government.

Chap. I. Of the laws of education, 37

Chap. II. Of education in monarchies, 37

Chap. III. Of education in a despotic government, 41

Chap. IV. Difference between the effects of ancient and modern education, 42

Chap. V. Of education in a republican government, 43

Chap. VI. Of some institutions among the Greeks, 44

Chap. VII. In what case these singular institutions may be of service, 47

Chap. VIII. Explication of a paradox of the ancients, in respect to manners, 48

Book V. That the laws given by the legislator ought to be relative to the principle of government.

Chap. I. Idea of this book, 51

Chap. II. What is meant by virtue in a political state, 52

Chap. III. What is meant by a love of the republic in a democracy, 52

Chap. IV. In what manner the love of equality and frugality is inspired, 54

Chap. V. In what manner the laws establish equality in a democracy, 54

Chap. VI. In what manner the laws ought to maintain frugality in a democracy, 58

Chap. VII. Other methods for favouring the principle of democracy, 60

Chap. VIII. In what manner the laws ought to be relative to the principle of government in an aristocracy, 63

Chap. IX. In what manner the laws are relative to their principle in monarchies, 69

Chap. X. Of the expedition peculiar to the executive power in monarchies, 70

Chap. XI. Of the excellence of a monarchical government, 71

Chap. XII. The same subject continued, 73

Chap. XIII. An idea of despotic power, 73

Chap. XIV. In what manner the laws are relative to the principles of despotic government, 74

Chap. XV. The same subject continued, 81

Chap. XVI. Of the communication of power, 83

Chap. XVII. Of presents, 84

Chap. XVIII. Of rewards conferred by the sovereign, 86

Chap. XIX. New consequences of the principles of the three governments, 87

Book VI. Consequences of the principles of different governments with respect to the simplicity of civil and criminal laws, the form of judgements, and the inflicting of punishments.

Chap. I. Of the simplicity of civil laws in different governments, 91

Chap. II. Of the simplicity of criminal laws in different governments, 95

Chap. III. In what governments, and in what cases, the judges ought to determine according to the express letter of the law, 96

Chap. IV. Of the manner of forming judgements, 97

Chap. V. In what governments the sovereign may be judge, 99

Chap. VI. That in monarchies the ministers ought not to be judges, 102

Chap. VII. Of a single magistrate, 103

Chap. VIII. Of accusations in different governments, 104

Chap. IX. Of the severity of punishments in different governments, 105

Chap. X. Of the ancient French laws, 106

Chap. XI. That, when a people are virtuous, few punishments are necessary, 107

Chap. XII. Of the power of punishments, 107

Chap. XIII. Impotency of the laws of Japan, 110

Chap. XIV. Of the spirit of the Roman senate, 113

Chap. XV. Of the Roman laws in respect to punishments, 114

Chap. XVI. Of the just proportion betwixt punishments and crimes, 116

Chap. XVII. Of the question or torture, 118

Chap. XVIII. Of pecuniary and corporal punishments, 119

Chap. XIX. Of the law of retaliation, 119

Chap. XX. Of the punishment of fathers for the crimes of their children, 120

Chap. XXI. Of the clemency of the prince, 121

Book VII. Consequences of the different principles of the three governments, with respect to the sumptuary laws, luxury, and the condition of women.

Chap. I. Of luxury, 122

Chap. II. Of sumptuary laws in a democracy, 125

Chap. III. Of sumptuary laws in an aristocracy, 126

Chap. IV. Of sumptuary laws in a monarchy, 127

Chap. V. In what cases sumptuary laws are useful in a monarchy, 129

Chap. VI. Of the luxury of China, 130

Chap. VII. Fatal consequences of luxury in China, 132

Chap. VIII. Of public continency, 133

Chap. IX. Of the condition or state of women in different governments, 133

Chap. X. Of the domestic tribunal among the Romans, 134

Chap. XI. In what manner the institutions changed at Rome, together with the government, 136

Chap. XII. Of the guardianship of women among the Romans, 137

Chap. XIII. Of the punishment decreed by the emperors against the incontinency of women, 137

Chap. XIV. Sumptuary laws among the Romans, 140

Chap. XV. Of dowries and nuptial advantages in different constitutions, 140

Chap. XVI. An excellent custom of the Samnites, 141

Chap. XVII. Of female administration, 142

Book VIII. Of the corruption of the principles of the three governments.

Chap. I. General idea of this book, 143

Chap. II. Of the corruption of the principle of democracy, 143

Chap. III. Of the spirit of extreme equality, 146

Chap. IV. Particular cause of the corruption of the people, 146

Chap. V. Of the corruption of the principle of aristocracy, 147

Chap. VI. Of the corruption of the principle of monarchy, 148

Chap. VII. The same subject continued, 149

Chap. VIII. Danger of the corruption of the principle of monarchical government, 150

Chap. IX. How ready the nobility are to defend the throne, 151

Chap. X. Of the corruption of the principle of despotic government, 152

Chap. XI. Natural effects of the goodness and corruption of the principles of government, 152

Chap. XII. The same subject continued, 154

Chap. XIII. The effect of an oath among a virtuous people, 155

Chap. XIV. How the smallest change in the constitution is attended with the ruin of its principles, 157

Chap. XV. Sure methods of preserving the three principles, 157

Chap. XVI. Distinctive properties of a republic, 158

Chap. XVII. Distinctive properties of a monarchy, 159

Chap. XVIII. Particular case of the Spanish monarchy, 160

Chap. XIX. Distinctive properties of a despotic government, 161

Chap. XX. Consequence of the preceding chapters, 161

Chap. XXI. Of the empire of China, 161

Book IX. Of laws in the relation they bear to a defensive force.

Chap. I. In what manner republics provide for their safety, 165

Chap. II. That a confederate government ought to be composed of states of the same nature, especially of the republican kind, 167

Chap. III. Other requisites in a confederate republic, 168

Chap. IV. In what manner despotic governments provide for their security, 169

Chap. V. In what manner a monarchical government provides for its security, 169

Chap. VI. Of the defensive force of states in general, 170

Chap. VII. A reflection, 171

Chap. VIII. A particular case, in which the defensive force of a state is inferior to the offensive, 172

Chap. IX. Of the relative force of states, 173

Chap. X. Of the weakness of neighbouring states, 173

Book X. Of laws in the relation they bear to offensive force.

Chap. I. Of offensive force, 174

Chap. II. Of war, 174

Chap. III. Of the right of conquest, 176

Chap. IV. Some advantages of a conquered people, 178

Chap. V. Gelon, king of Syracuse, 180

Chap. VI. Of conquests made by a republic, 181

Chap. VII. The same subject continued, 182

Chap. VIII. The same subject continued, 183

Chap. IX. Of conquests made by a monarchy, 183

Chap. X. Of one monarchy that subdues another, 184

Chap. XI. Of the manners of a conquered people, 185

Chap. XII. Of a law of Cyrus, 185

Chap. XIII. Alexander, 185

Chap. XIV. Charles XII. 186

Chap. XV. New methods of preserving a conquest, 192

Chap. XVI. Of conquests made by a despotic prince, 193

Chap. XVII. The same subject continued, 194

Book XI. Of the laws that form political liberty, with regard to the constitution.

Chap. I. A general idea, 195

Chap. II. Different significations given to the word liberty, 195

Chap. III. In what liberty consists, 196

Chap. IV. The same subject continued, 197

Chap. V. Of the end or view of different governments, 197

Chap. VI. Of the constitution of England, 198

Chap. VII. Of the monarchies we are acquainted with, 212

Chap. VIII. Why the ancients had not a clear idea of monarchy, 213

Chap. IX. Aristotle’s manner of thinking, 214

Chap. X. What other politicians thought, 215

Chap. XI. Of the kings of the heroic times of Greece, 215

Chap. XII. Of the government of the kings of Rome, and in what manner the three powers were there distributed, 217

Chap. XIII. General reflections on the state of Rome after the expulsion of its kings, 219

Chap. XIV. In what manner the distribution of the three powers began to change after the expulsion of the kings, 221

Chap. XV. In what manner Rome, while in the flourishing state of the republic, suddenly lost its liberty, 224

Chap. XVI. Of the legislative powers in the Roman republic, 225

Chap. XVII. Of the executive power in the same republic, 227

Chap. XVIII. Of the judiciary power in the Roman government, 229

Chap. XIX. Of the government of the Roman provinces, 237

Chap. XX. End of this book, 239

Book XII. Of the laws that form political liberty, as relative to the subject.

Chap. I. Idea of this book, 240

Chap. II. Of the liberty of the subject, 241

Chap. III. The same subject continued, 242

Chap. IV. That liberty is favoured by the nature and proportion of punishments, 242

Chap. V. Of certain accusations that require particular moderation and prudence, 246

Chap. VI. Of the crime against nature, 248

Chap. VII. Of the crime of high-treason, 249

Chap. VIII. Of the bad application of the name of Sacrilege and High-treason, 250

Chap. IX. The same subject continued, 252

Chap. X. The same subject continued, 253

Chap. XI. Of thoughts, 253

Chap. XII. Of indiscreet speeches, 254

Chap. XIII. Of writings, 256

Chap. XIV. Breach of modesty in punishing crimes, 257

Chap. XV. Of the infranchisement of slaves in order to accuse their master, 258

Chap. XVI. Of calumny in respect to the crime of high-treason, 258

Chap. XVII. Of the revealing of conspiracies, 259

Chap. XVIII. How dangerous it is, in republics, to be too severe in punishing the crime of high-treason, 260

Chap. XIX. In what manner the use of liberty is suspended in a republic, 262

Chap. XX. Of laws favourable to the liberty of the subject in a republic, 263

Chap. XXI. Of the cruelty of laws in respect to debtors in a republic, 263

Chap. XXII. Of things that strike at liberty in monarchies, 265

Chap. XXIII. Of spies in monarchies, 266

Chap. XXIV. Of anonymous letters, 267

Chap. XXV. Of the manner of governing in monarchies, 268

Chap. XXVI. That, in a monarchy, the prince ought to be of easy access, 269

Chap. XXVII. Of the manners of a monarch, 269

Chap. XXVIII. Of the regard which monarchs owe to their subjects, 270

Chap. XXIX. Of the civil laws proper for mixing a little liberty in a despotic government, 271

Chap. XXX. The same subject continued, 272

Book XIII. Of the relation which the levying of taxes, and the greatness of the public revenues, have to liberty.

Chap. I. Of the revenues of the state, 273

Chap. II. That it is bad reasoning to say that the greatness of the taxes is good in its own nature, 274

Chap. III. Of taxes in countries where part of the people are villains or bondmen, 275

Chap. IV. Of a republic in the like case, 275

Chap. V. Of a monarchy in the like case, 276

Chap. VI. Of a despotic government in the like case, 276

Chap. VII. Of taxes in countries where villainage is not established, 277

Chap. VIII. In what manner the illusion is preserved, 279

Chap. IX. Of a bad kind of impost, 280

Chap. X. That the greatness of taxes depends on the nature of the government, 281

Chap. XI. Of fiscal punishments, 281

Chap. XII. Relation between the greatness of taxes and liberty, 283

Chap. XIII. In what governments taxes are capable of increase, 284

Chap. XIV. That the nature of the taxes is relative to the government, 286

Chap. XV. Abuse of liberty, 286

Chap. XVI. Of the conquests of the Mahometans, 287

Chap. XVII. Of the augmentation of troops, 287

Chap. XVIII. Of an exemption from taxes, 288

Chap. XIX. Which is most suitable to the prince and to the people, the letting out to farm, or the administration of the revenues, 289

Chap. XX. Of the farmers of the revenues, 291

Book XIV. Of laws as relative to the nature of the climate.

Chap. I. General idea, 292

Chap. II. Of the difference of men in different climates, 292

Chap. III. Contradiction in the characters of some southern nations, 297

Chap. IV. Cause of the immutability of religion, manners, customs, and laws, in the eastern countries, 298

Chap. V. That those are bad legislators who favour the vices of the climate, and good legislators who oppose those vices, 298

Chap. VI. Of the cultivation of lands in warm climates, 299

Chap. VII. Of monkery, 300

Chap. VIII. An excellent custom of China, 300

Chap. IX. Means of encouraging industry, 301

Chap. X. Of the laws relative to the sobriety of the people, 301

Chap. XI. Of the laws relative to the distempers of the climate, 303

Chap. XII. Of the laws against suicides, 306

Chap. XIII. Effects arising from the climate of England, 306

Chap. XIV. Other effects of the climate, 308

Chap. XV. Of the different confidence which the laws have in the people, according to the difference of climates, 309

Book XV. In what manner the laws of civil slavery are relative to the nature of the climate.

Chap. I. Of civil slavery, 310

Chap. II. Origin of the right of slavery among the Roman civilians, 311

Chap. III. Another origin of the right of slavery, 314

Chap. IV. Another origin of the right of slavery, 314

Chap. V. Of the slavery of the negroes, 315

Chap. VI. The true origin of the right of slavery, 316

Chap. VII. Another origin of the right of slavery, 317

Chap. VIII. Inutility of slavery among us, 318

Chap. IX. Several kinds of slavery, 319

Chap. X. Regulations necessary in respect to slavery, 319

Chap. XI. Abuses of slavery, 320

Chap. XII. Danger from the multitude of slaves, 321

Chap. XIII. Of armed slaves, 322

Chap. XIV. The same subject continued, 323

Chap. XV. Precautions to be used in moderate governments, 323

Chap. XVI. Regulations between masters and slaves, 326

Chap. XVII. Of infranchisements, 327

Chap. XVIII. Of freedmen and eunuchs, 330

Book XVI. How the laws of domestic slavery have a relation to the nature of the climate.

Chap. I. Of domestic servitude, 331

Chap. II. That, in the countries of the south, there is a natural inequality between the two sexes, 332

Chap. III. That a plurality of wives depends greatly on the means of supporting them, 333

Chap. IV. That the law of polygamy is an affair that depends on calculation, 334

Chap. V. The reason of a law of Malabar, 335

Chap. VI. Of polygamy considered in itself, 336

Chap. VII. Of an equality of treatment in case of many wives, 337

Chap. VIII. Of the separation of women from men, 337

Chap. IX. Of the connection between domestic and political government, 338

Chap. X. The principle on which the morals of the East are founded, 339

Chap. XI. Of domestic slavery independently of polygamy, 341

Chap. XII. Of natural modesty, 342

Chap. XIII. Of jealousy, 343

Chap. XIV. Of the eastern manner of domestic government, 343

Chap. XV. Of divorce and repudiation, 344

Chap. XVI. Of repudiation and divorce amongst the Romans, 345

Book XVII. How the laws of political servitude have a relation to the nature of the climate.

Chap. I. Of political servitude, 349

Chap. II. The difference between nations in point of courage, 349

Chap. III. Of the climate of Asia, 350

Chap. IV. The consequences resulting from this, 353

Chap. V. That, when the people in the north of Asia, and those of the north of Europe, have conquered, the effects of the conquest were not the same, 354

Chap. VI. A new physical cause of the slavery of Asia, and of the liberty of Europe, 356

Chap. VII. Of Africa and America, 357

Book XVIII. Of laws in the relation they bear to the nature of the soil.

Chap. I. How the nature of the soil has an influence on the laws, 358

Chap. II. The same subject continued, 359

Chap. III. What countries are best cultivated, 360

Chap. IV. New effects of the fertility and barrenness of countries, 361

Chap. V. Of the inhabitants of islands, 361

Chap. VI. Of countries raised by the industry of men, 362

Chap. VII. Of the works of men, 363

Chap. VIII. The general relation of laws, 363

Chap. IX. Of the soil of America, 364

Chap. X. Of the number of men with regard to the manner in which they procure subsistence, 364

Chap. XI. Of savage nations and nations of barbarians, 365

Chap. XII. Of the law of nations amongst people who do not cultivate the earth, 365

Chap. XIII. Of the civil laws of those nations which do not cultivate the earth, 366

Chap. XIV. Of the political state of the people who do not cultivate the lands, 367

Chap. XV. Of the people who know the use of money, 367

Chap. XVI. Of civil laws amongst people who know not the use of money, 368

Chap. XVII. Of political laws amongst nations which have not the use of money, 368

Chap. XVIII. Of the power of superstition, 369

Chap. XIX. Of the liberty of the Arabs, and the servitude of the Tartars, 370

Chap. XX. Of the law of nations as practised by the Tartars, 371

Chap. XXI. The civil law of the Tartars, 372

Chap. XXII. Of a civil law of the German nations, 372

Chap. XXIII. Of the ornaments of royalty, 379

Chap. XXIV. Of the marriages of the kings of the Franks, 380

Chap. XXV. Childeric, 380

Chap. XXVI. Of the times when the kings of the Franks became of age, 381

Chap. XXVII. The same subject continued, 382

Chap. XXVIII. Of the sanguinary temper of the kings of the Franks, 384

Chap. XXIX. Of the national assemblies of the Franks, 385

Chap. XXX. Of the authority of the clergy under the first race, 386

Book XIX. Of laws in relation to the principles which form the general spirit, the morals, and customs of a nation.

Chap. I. Of the subject of this book, 387

Chap. II. That it is necessary people’s minds should be prepared for the reception of the best laws, 387

Chap. III. Of tyranny, 388

Chap. IV. Of the general spirit of mankind, 389

Chap. V. How far we should be attentive lest the general spirit of the nation should be changed, 389

Chap. VI. That every thing ought not to be corrected, 390

Chap. VII. Of the Athenians and Lacedæmonians, 391

Chap. VIII. Effects of a social temper, 391

Chap. IX. Of the vanity and pride of nations, 392

Chap. X. Of the characters of the Spaniards and Chinese, 393

Chap. XI. A reflection, 394

Chap. XII. Of customs and manners in a despotic state, 394

Chap. XIII. Of the customs of the Chinese, 395

Chap. XIV. What are the natural means of changing the manners and customs of a nation, 396

Chap. XV. The influence of domestic government on the political, 398

Chap. XVI. How some legislators have confounded the principles which govern mankind, 398

Chap. XVII. Of the peculiar quality of the Chinese government, 400

Chap. XVIII. A consequence drawn from the preceding chapter, 401

Chap. XIX. How this union of religion, laws, manners, and customs, amongst the Chinese, was produced, 402

Chap. XX. An explication of a paradox relating to the Chinese, 404

Chap. XXI. How the laws ought to have a relation to manners and customs, 405

Chap. XXII. The same subject continued, 405

Chap. XXIII. How the laws are founded on the manners of a people, 406

Chap. XXIV. The same subject continued, 407

Chap. XXV. The same subject continued, 408

Chap. XXVI. The same subject continued, 408

Chap. XXVII. How the laws contribute to form the manners, customs, and character, of a nation, 408