The Spirit of Laws, Volume 1

Front Cover
P. Dodesley, 1794 - Jurisprudence
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Contents

Of fome inftitutions among the Greeks
36
That the Laws given by the Legiflator ought to be rela
42
In what manner the laws ought to maintain frugality
48
In what manner the laws are relative to their princi
57
The fame fubject continued
67
Of rewards conferred by the fovereign
71
19
73
In what governments and in what cafes the judges
80
Of a fingle magiftrate
86
Impotency of the laws of Japan
92
Of the question or torture
99
20
100
In what cafes fumptuary laws are uſeful in a mo narchy
107
Of the luxury of China
108
Fatal confequences of luxury in China
109
Of public continency
110
Of the domeſtic tribunal among the Romans
112
In what manner the inftitutions changed at Rome together with the government
113
Of the guardianſhip of women among the Romans
114
Sumptuary laws among the Romans
116
Of doweries and nuptial advantages in different confti tutions
117
Of female adminiftration
118
Chap Page 1 General idea of this book
119
Of the ſpirit of extreme equality
122
Of the corruption of the principle of ariftocracy
123
Of the corruption of the principle of monarchy
124
The fame fubject continued
125
Danger of the corruption of the principle of monar chical government
126
Of the corruption of the principle of defpotic govern ment
127
The fame continued
129
The effect of an oath among a virtuous people
130
15 Sure methods of preferving the three principles
131
Chap Page 17 Diftinctive properties of a monarchy
133
Particular cafe of the Spanish monarchy 234
134
Confequence of the preceding chapters
135
Of Laws in the Relation they bear to a Defenfive Force Chap Page 1 In what manner republics provide for their fafety
138
That a confederate government ought to be compoſed of ſtates of the fame nature eſpecially of the repub lican kind
140
In what manner defpotic goverments provide for their fecurity
141
In what part a monarchical government provides for its fecurity
142
Of the defenfive force of the ftates in general ibid 7 A reflection
144
Of the relative force of ftates
145
Chap Page 1 Of offenfive force
146
Of war ibid 3 Of the right of conqueft
147
Some advantages of a conquered people
149
Gelon king of Syracufe
151
The fame fubject continued
152
The fame fubject continued
153
Of one monarchy that fubdues another
154
Of the manners of a conquered people
155
Alexander
156
Charles XII
158
New methods of preferving a conqueft
159
Of conquefts made by a defpotic prince
160
The fame fubject continued ibid BOOK XI
161
Different fignifications given to the word liberty 3 In what liberty confifts
163
The fame fubject continued ibid 5 Of the end or view of different governments 165 ibid 6 Of the conftitution of England
164
Of the monarchies we are acquainted with
176
What other politicians thought
178
Of the kings of the heroic times of Greece
179
Of the government of the kings of Rome and in what
180
General reflections on the ſtate of Rome after the ex
182
In what manner the diftribution of the three powers began to change after the expulfion of the kings
183
In what manner Rome while in the flouriſhing ſtate of the republic fuddenly loft its liberty
185
Of the legislative powers in the Roman republic 187
187
Of the executive power in the fame republic
188
Of the judiciary power in the Roman government 190
190
Of the government of the Roman provinces
196
End of this hook
198
Of the Laws that form Polilical Liberty as relative to the Subject Chap Page 1 Idea of this book
199
Of the liberty of the fubject
200
The fame fubject continued
201
of punishments
202
Of certain accufations that require particular modera tion and prudence
204
Of the crime againſt nature
205
Of the crime of high treaſon
207
Of the bad application of the name of facrilege and ibid 9 The fame fubject continued
209
Chap Page 11 Of thoughts
210
Of indifcreet fpeeches
211
Of writings
212
Breach of modefty in puniſhing crimes
213
Of the infranchifement of flaves in order to accufe their maſter
214
Of calumny in refpect to the crime of hightreafon
215
Of the manners of a monarch
224
Of the regard which monarchs owe to their fubjes ibid 29 Of the civil laws proper for mixing a little liberty
225
a defpotic government
226
Of the Relation which the levying of Taxes and the Greatness of the public Revenues have to Liberty Chap Page 1 Of the revenues of the ftate
227
That it is bad reafoning to fay that the greatnefs of the taxes is good in its own nature
228
Of taxes in countries where part of the people are villains or bondmen
229
Of a defpotic government in the like cafe
230
Of a bad kind of impoft
232
That the greatness of taxes depends on the nature of the government
234
Relation between the greatneſs of taxes and liberty
235
In what governments taxes are capable of increaſe
236
That the nature of the taxes is relative to the govern ment
237
Abuſe of liberty
238
Of the conquefts of the Mahometans
239
Of an exemption from taxes
240
Which is moſt ſuitable to the prince and to the peo ple the letting out to farm or the adminiſtration of the revenues
241
Of the farmers of the revenues
242
Chap Page 1 General idea
243
Contradiction in the characters of ſome ſouthern na tions 147
245
Caufe of the immutability of religion manners cuf toms and laws in the eaſtern countries
248
Of the cultivation of lands in warm climates
249
Of monachiſm
250
An excellent cuftom of China ibid 9 Means of encouraging induſtry
251
Of the laws relative to the fobriety of the people ibid 11 Of the laws relative to the distempers of the climate
253
Of the laws againſt fuicides
255
ibid
257
Of the different confidence which the laws have in the people according to the difference of climates
258
In what Manner the Laws of Civil Slavery are rela tive to the Nature of the Climate Chap Page 1 Of civil flavery
259
Origin of the right of flavery among the Roman civi
260
Another origin of the right of flavery
262
Of the flavery of the Negroes
263
The true origin of the right of flavery
264
Another origin of the right of flavery
265
Inutility of flavery among us ibid 9 Several kinds of ſlavery
266
Regulations neceffary in reſpect to ſlavery
267
Abuſes of flavery ibid 12 Danger from the multitude of flaves
268
Of armed flaves
269
The fame fubject continued
270
Precautions to be uſed in moderate governments
271
Regulations between masters and flaves
273
Of infranchiſements
274
Of freedmen and eunuchs
276
How the Laws of Domeftic Slavery have a Relation to the Nature of the Climate
277
Chap Page 1 Of domeſtic fervitude
278
That a plurality of wives depends greatly on the means of fupporting them
279
That the law of polygamy is an affair that depends on calculation
280
The reafon of a law of Malabar
281
BOOK IV
282
Of the feparation of women from men
283
The principle on which the morals of the Eaſt are founded
284
Of domeſtic flavery independently of polygamy
286
Of natural modeſty ibid 13 Of jealouſy
287
Of the eaſtern manner of domeſtic government
288
Of repudiation and divorce amongst the Romans 290
290
BOOK XVII How the Laws of Political Servitude have a Relation
292
Of Africa and America
299
The general relation of laws
305
Tartars
311
Of the law of nations as practifed by the Tartars
312
The civil laws of the Tartars ibid 22 Of a civil law of the German nations
313
Of the ornaments of royalty
318
Of the marriages of the kings of the Franks
319
Childeric ibid 26 Of the time when the kings of the Franks became of age
320
The fame fubject continued
321
Of the fanguinary temper of the kings of the Franks
322
Of the national affemblies of the Franks
323
Of the authority of the clergy under the firſt race
324
Chap Page 1 Of the fubject of this book
325
Page
326
Of the general Spirit of mankind
327
That every thing ought not to be corrected
328
Of the Athenians and Lacedæmonians
329
Of the characters of the Spaniards and Chineſe
331
A reflection
332
Of cuſtoms and manners in a defpotic ſtate ibid 13 Of the customs of the Chineſe
333
The influence of domeſtic government on the politi cal
335
Of the peculiar quality of the Chineſe government
336
A confequence drawn from the preceding chapter
337
How this union of religion laws manners and cuf toms amongst the Chineſe was produced
338
An explication of a paradox relating to the Chineſe
339
Chap Page
340
1
348

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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.

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