The Spirit of Laws: Including D'Alembert's Analysis of the Work, Volume 1

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Page 152 - Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control ; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.
Page 197 - If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods...
Page 157 - ... once corrupted, the evil would be past all remedy. When different legislative bodies succeed one another, the people who have a bad opinion of that which is actually sitting may reasonably entertain some hopes of the next: but were it to be always the same body, the people upon seeing it once corrupted would no longer expect any good from its laws; and of course they would either become desperate or fall into a state of indolence.
Page 159 - ... are always obnoxious to popular envy; and were they to be judged by the people, they might be in danger from their judges, and would, moreover, be deprived of the privilege which the meanest subject is possessed of in a free state, of being tried by his peers.
Page 221 - IF it be true that the temper of the mind and the passions of the heart are extremely different in different climates, the laws ought to be in relation both to the variety of those passions and to the variety of those tempers.
Page 151 - In every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations ; and the executive in regard to matters that depend on the civil law.
Page 2 - Before laws were made, there were relations of possible justice. To say that there is nothing just or unjust but what is commanded or forbidden by positive laws, is the same as saying that before the describing of a circle all the radii were not equal. We must therefore acknowledge relations of justice antecedent to the positive law by which they are established...
Page 239 - The negroes prefer a glass necklace to that gold, which polite nations so highly value. Can there be a greater proof of their wanting common sense? It is impossible for us to suppose these creatures to be men, because, allowing them to be men, a suspicion would follow, that we ourselves are not Christians.
Page 7 - ... relation to the degree of liberty which the constitution will bear; to the religion of the inhabitants, to their inclinations, riches, numbers, commerce, manners, and customs. In fine, they have relations to each other, as also to their origin, to the intent of the legislator, and to the order of things on which they are established; in all which different lights they ought to be considered.
Page 127 - Should a popular insurrection happen in one of the confederate states, the others are able to quell it. Should abuses creep into one part, they are reformed by those that remain sound. The state may be destroyed on one side, and not on the other; the confederacy may be dissolved and the confederates preserve their sovereignty.

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