The Spirit of Laws, Volume 1

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Contents

Of ſome inſtitutions among the Greeks
36
That the Laws given by the Legiſlator ought to be rela
42
Of the expedition peculiar to the executive power
58
The ſame ſubject continued
67
Chap Page
71
Of the fimplicity of civil laws in different govern
79
That in monarchies the miniſters ought not to
85
Impotency of the laws of Japan
92
Of the queſtion or torture
98
narchy
107
Of the luxury of China
108
Fatal conſequences of luxury in China 109 ir 8 Of public continency ΙΙο
110
Of the domeſtic tribunal among the Romans
112
In what manner the inſtitutions 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 conſti tutions
117
Of female adminiſtration
118
Of the Corruption of the Principles of the three Govern ments Chap Page 1 General idea of this book
119
Of the corruption of the principle of democracy ibid 3 Of the ſpirit of extreme equality 1 22
123
Of the corruption of the principle of monarchy
124
The ſame ſubject continued
125
Danger of the corruption of the principle of monar chical government
126
Of the corruption of the principle of deſpotic govern ment
127
The ſame continued
129
The effect of an oath among a virtuous people
130
Sure methods of preſerving the three principles
132
In what manner deſpotic goverments provide for their
141
Some advantages of a conquered people
149
Of the manners of a conquered people
155
Of the Laws that form Political Liberty with regard
161
Of the monarchies we are acquainted with
176
General reflections on the ſtate of Rome after the
182
Of the executive
188
Of war
189
Of the government of the Roman provinces
196
Of certain accuſations that require particular modera
204
ibid
209
Chap Page 11 Of thoughts
210
Of indiſcreet ſpeeches
211
Of writings
212
Breach of modefty in puniſhing crimes
213
Of the infranchiſement of llaves in order to accuſe their maſter
214
Of calumny in reſpect to the crime of hightreaſon
215
How dangerous it is in repu slics to be too ſevere in puniſhing the crime of hightreaſon
216
In what manner the uſe of liberty is ſuſpended in a republic
217
30 The ſame ſubject continued
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 ſtate
227
That it is bad reaſoning to ſay that the greatneſs of the taxes is good in its own nature
228
Of taxes in countries where part of the people are villains or bondinen
229
Of a republic in the like caſc ibid 5 Of a monarchy in the like cale ibid 6 Of a deſpotic government in the like cafe
230
In what manner the illuſion is preſerved
232
Of a bad kind of impott
233
1 That the greatness of taxes depends on the nature of the government
234
Of an exemption from taxes
240
Contradiction in the characters of ſome ſouthern
247
jo Of the laws relative to the fobriety of the people ibid
253
In what Manner the Laws of Civil Slavery are rela BOOK XV
259
BOOK XI
262
Another origin of the right of llavery
265
Precautions to be uſed in moderate governments
271
Chap
277
The principle on which the morals of the Eaſt
284
Of repudiation and divorce amongſt the Romans
290
Clap Page
292
Of Laws in the Relation they bear to the Nature
300
Of favage nations and nations of barbarians
306
Tartars
310
Of the law of nations as practiſed 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 ſame ſubject continued
321
Of the fanguinary temper of the kings of the Franks
322
Of the national aſſemblies of the Franks
323
Of the authority of the clergy under the firſt race
324
Chap Page 1 Of the ſubject of this book
325
Of tyranny
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 vanity and the pride of nations
330
Of the characters of the Spaniards and Chineſe
331
A reflection
332
Of cuſtoms and manners in a deſpotic 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 conſequence drawn from the preceding chapter
337
How this union of religion laws manners and cuſ toms amongſt the Chineſe was produced
338
An explication of a paradox relating to the Chineſe
339
The ſame ſubject continued
341

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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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