The spirit of laws, Volume 1 (Google eBook)

Charles de Secondat Montesquieu (baron de)

Printed for P. Dodesley, 1794 - Jurisprudence

Contents

• Of Laws in General: 1
• Of Laws direilly derived from the Nature of Government: 8
• Of the relation of laws to the nature of monarchical: 16
• vernment: 24
• Reflections on the foregoing: 30
• That the Laws given ly the Lsgijlator ought to be rela: 42
• In what manner the laws ought to maintain frugality: 48
• Of the expedition peculiar to the executive power: 58
• The same subject continued: 67
• Of rewards conserred by the sovereign: 71
• Of the ancient French laws: 89
• Os the Roman laws in respect to punishments ibid: 97
• Of the luxury of China: 108
• Of the guardianship of women among the Romans: 114
• Of the corruption of the principle of despotic govern: 127
• IT Distinctive properties of a monarchy: 133
• Particular case of the Spanish monarchy 234: 134
• Consequence of the preceding chapters: 135
• Chap: 138
• That a consederate government ought to be composed of states of the fame nature especially of the repub lican kind: 140
• In what manner despotic goverments provide for their security: 141
• In what part a monarchical government provides for its security: 142
• Of the desensive force of the states in general ibid 7 A reslection: 144
• Of the relative force of states: 145
• Of Laws in the Relation they bear to Offensive Force Chap Page 1 Of offensive force: 146
• Of war ibid 3 Of the right of conquest: 147
• Some advantages of a conquered people: 149
• Gelon king of Syracuse: 151
• The fame subject continued: 152
• The same subject continued: 153
• Of one monarchy that subdues another: 154
• Of the manners of a conquered people: 155
• Of a law of Cyrus ibid 13 Alexander: 156
• Charles XII: 158
• New methods of preserving a conquest: 159
• Of conquests made by a despotic prince 6o: 160
• Of the Laws that form Political Liberty with regard to the Constitution Chap Page 1 A general idea: 161
• Different signisications given to the word liberty: 162
• In what liberty consists: 163
• Of the end or view of different governments: 164
• Of the monarchies we are acquainted with: 176
• Aristotles manner of thinking: 178
• Of the kings of the heroic times of Greece: 179
• Of the government of the kings of Rome and in what manner the three powers were there distributed: 180
• General reflections on the state of Rome aster the ex pulsion of its kings: 182
• In what manner the distribution of the three powers began to change aster the expulsion of the kings: 183
• In what manner Rome while in the slourishing state of the republic suddenly lost its liberty: 185
• Of the legislative powers in the Roman republic: 187
• Of the executive power in the fame republic: 188
• Of the judiciary power in the Roman government: 190
• Of the government of the Roman provinces: 196
• End of this hook: 198
• Chap Page 1 Idea of this book: 199
• Of the liberty of the subject: 200
• The same subject continued: 201
• Of certain accusations that require particular modera tion and prudence: 204
• Of the crime against nature: 205
• Of the crime of hightreason: 207
• The same subject continued: 209
• The same subject continued: 210
• Of the revealing os conspiracies ibid: 216
• Of anonymous letters: 222
• Of siscal punishments: 234
• Of the augmentation of troops ibid: 240
• Contradiction in the characters of some southern: 247
• Chap: 248
• JO Of the laws relative to the sobriety of the people ibid: 253
• In what Manner the Laws of Civil Slavery are rela: 259
• Chap Pag 4 Another origin of the right of slavery: 262
• Of the slavery of the Negroes: 263
• The true origin of the right of slavery: 264
• J Another origin of the right of slavery: 265
• Several kinds of slavery: 266
• Regulations necessary in respect to slavery: 267
• Abuses of slavery ibid 12 Danger from the multitude of slaves: 268
• Of armed slaves: 269
• The fame subject continued: 270
• Precautions to be used in moderate governments: 271
• Regulations between masters and slaves: 273
• Of infranchisements: 274
• Of freedmen and eunuchs: 276
• How the Laws of Domestic Slavery have a Relation to the Nature of the Climate Chap Pag 1 Of domestic servitude: 277
• That in the countries of the south there is a natural inequality between the two sexes: 278
• That a plurality of wives depends greatly on the means of supporting them: 279
• That the law of polygamy is an affair that depends on calculation: 280
• The reason of a law of Malabar: 281
• Of an equality of treatment in case of many wives: 282
• S Of the separation of women from men: 283
• The principle on which the morals of the East are founded: 284
• Of domestic slavery independently of polygamy: 286
• Of jealousy: 287
• Of the eastern manner of domestic government: 288
• Of repudiation and divorce amongst the Romans 290: 290
• CTup Page: 292
• Of Laws in the Relation they bear to the Nature: 300
• Of savage nations and nations os barbarians: 306
• The fame subject continued ibid BOOK XI: 324
• Chap: 325

Popular passages

Page 163 - 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.‎

Page 171 - ... have the means of examining in what manner its laws have been executed; an advantage which this government has over that of Crete and Sparta, where the cosmi and the ephori gave no account of their administration.‎

Page 138 - It is very probable," says he,* " that mankind would have been obliged, at length, to live constantly under the Government of a single person, had they not contrived a kind of Constitution, that has all the internal advantages of a Republican, together with the external force of a Monarchical Government.‎

Page 91 - That if we inquire into the cause of all human corruptions, we shall find that they proceed from the impunity of crimes, and not from the moderation of punishments.‎

Page 175 - Neither do I pretend by this to undervalue other governments, nor to say that this extreme political liberty ought to give uneasiness to those who have only a moderate share of it. How should I have any such design, I who think that even the...‎

Page 10 - As most citizens have sufficient ability to choose, though unqualified to be chosen, so the people, though capable of calling others to an account for their administration, are incapable of conducting the administration themselves. The public business must be carried on with a certain motion, neither too quick nor too slow. But the motion of the people is always either too remiss or too violent. Sometimes with a hundred thousand arms they overturn all before them; and sometimes with a hundred thousand...‎

Page 168 - Holland, they ought to be accountable to their constituents; but it is a different thing in England, where they are deputed by boroughs. All the inhabitants of the...‎

Page 329 - We have said that the laws were the particular and precise institutions of a legislator, and manners and customs the institutions of a nation in general. Hence it follows that when these manners and customs are to be changed, it ought not to be done by laws; this would have too much the air of tyranny: it would be better to change them by introducing other manners and other customs.‎

Page 163 - 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.‎

Page 175 - It is natural for mankind to set a higher value upon courage than timidity, on activity than prudence, on strength than counsel. Hence the army will ever despise a senate, and respect their own officers. They will naturally slight the orders sent them by a body of men whom they look upon as cowards, and therefore unworthy to command them.‎

Bibliographic information

• Title: The spirit of laws, Volume 1; The Spirit of Laws, Charles de Secondat Montesquieu (baron de)
• Author: Charles de Secondat Montesquieu (baron de)
• Publisher: Printed for P. Dodesley, 1794
• Original from: Oxford University
• Digitized: Dec 6, 2006
• Subjects: Jurisprudence; Law; Political science; State, The