The Spirit of Laws, Volume 1

Charles de Secondat baron de Montesquieu

David Niven, 1793 - Constitutional law - 404 pages

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Page xv
... advantages in different conftitutions , ib . Chap . XVI . An excellent custom of the Samnites , 130 Chap . XVII . Of female administration , 131 Chap . III . Book VIII . Of the Corruption of the Principles of the three Governments ...

Page xvi
... advantages of a conquered people , Gelon king of Syracufe , 165 166 Chap . VI . Of conquefts made by a republic , 167 Chap . VII . The fame fubject continued , 168 Chap . XIII . Alexander , Chap . XIV . Charles XII . Chap . VIII . The ...

Page 3
... advantages we enjoy ; but they have fome which we want . They have not our hopes , but they are without our fears ; they are fubject like us to death , but without knowing it ; most of them are even more attentive than we to felf ...

Page 5
... advantage of attaining to acquired knowledge ; and thereby has a fecond tie which brutes Mankind have therefore a new motive of uniting , and a fourth law of nature arises from the defire of living in fociety . have not . A 3 CHA P. III ...

Page 6
... advantages of this fociety they endeavour to convert to their own emolument , which conftitutes between them a state of war . These two different kinds of hoftile ftates give rife to human laws . As inhabitants of fo great planet ...

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Title Page

Table of Contents

Of laws as they relate to different beings	1

Of Laws directly derived from the Nature	9

Of the laws relative to the nature of a defpotic	21

That virtue is not the principle of a monarchical	27

Reflections on the foregoing	34

Of education in a republican government	40

That the Laws given by the Legiſlator	47

In what manner the laws eftablish equality in	50

The fame fubject continued	230

The ſame ſubject continued	231

Of indifcreet ſpeeches	232

Of writings	233

Breach of modeſty in puniſhing crimes	235

Of calumny in respect to the crime of hightrea fon	236

Of the revealing of conspiracies ib Chap XVIII How dangerous it is in republics to be too fevere in puniſhing the crime of hightreaſon	237

In what manner the uſe of liberty is fufpended in a republic	239

In what manner the laws ought to be relative	59

Of the expedition peculiar to the executive power	65

Confequences of the Principles of different	85

In what governments the fovereign may be judge	91

That in monarchies the minifters ought not to	95

Of the principle of aristocracy	99

Impotency of the laws of Japan	102

Of the queſtion or torture	109

Of fumptuary laws in a democracy	115

Fatal confequences of luxury in China	121

In what manner the inftitutions changed at Rome together with the government	125

Of the guardianship of women among the Ro mans	126

Of the punishments decreed by the emperors againſt the incontinency of women	127

Sumptuary laws among the Romans	129

An excellent cuſtom of the Samnites	130

Of female adminiſtration	131

Of the Corruption of the Principles of the three Governments Chap I General idea of this book	132

Of the corruption of the principles of democracy ib Chap III Of the ſpirit of extreme equality	135

Of the corruption of the principle of aristocracy	136

Of the corruption of the principle of monarchy	137

The ſame ſubject continued	138

Chap Vill Danger of the corruption of the principle of monarchical government	139

How ready the nobility are to defend the throne	140

Natural effects of the goodneſs and corruption of the principles of government	141

The fame fubject continued	143

The effect of an oath among a virtuous people	144

How the fmalleſt change in the conflitution is at tended with the ruin of its principles 我	145

Sure methods of preferving the three principles	146

Diftinctive properties of a monarchy	147

Particular cafe of the Spaniſh monarchy	148

Diſtinctive properties of a defpotic government	149

Of Laws in the Relation they bear to a defenfive Force Chap I In what manner republics provide for their ſafety	152

That a confederate government ought to be com pofed of states of the fame nature efpecially of the re publican kind	154

Other requifites in a confederate republic	155

In what manner defpotic governments provide for their fecurity	156

In what manner a monarchical government pro 蘩 vides for its fecurity	157

Of the defenfive force of ſtates in general ib Chap VII A reflection	159

A particular cafe in which the defenfive force of a flate is inferior to the offenfive	160

Of the relative force of flates ib Chap X Of the weakneſs of neighbouring ſtates	161

Of war ib Chap III Of the right of conqueft	163

Some advantages of a conquered people	165

Gelon king of Syracufe	166

Of conquefts made by a republic	167

The fame fubject continued	168

The fame fubject continued	169

Of conquefts made by a monarchy ib Chap X Of one monarchy that ſubdues another	170

Of the manners of a conquered people	171

Alexander	172

Charles XII	174

New methods of preferving a conqueft	175

Of conquefts made by a defpotic prince	176

The fame fubject continued	177

Of the Laws that form political Liberty	178

Of the monarchies we are acquainted with	193

General reflections on the ftate of Rome after	200

Of the executive power in the fame republic	206

Of the government of the Roman provinces	216

Of certain accufations that require particular mo deration and prudence	224

Of the crime againſt natur�	226

Of the crime of hightreafon	227

Of the bad application of the name of Sacri lege and Hightreafon	228

Of laws favourable to the liberty of the fubject in a republic	240

Of things that ſtrike at liberty in monarchies	242

Chap XXIIL Of fpies in monarchies	243

Of anonymous letters	244

Of the manner of governing in monarchies	245

Of the manners of a monarch	246

Of the civil laws proper for mixing a little	247

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	250

That it is bad reafoning to ſay that the greatneſs of the taxes is good in its own nature	251

Of taxes in countries where part of the people are villains or bondmen	252

liberty in a defpotic government	253

In what manner the allufion is preferved	256

Of a bad kind of impoft	257

Of fiſcal puniſhments	258

Relation between the greatneſs of taxes and liberty	259

In what governments taxes are capable of in creafe 1260	261

Of the conqueſts of the Mahometans	262

Of the augmentation of troops	263

Of an exemption froni taxes	264

Of the farmers of the revenues	266

the Climate	267

Of the cultivation of lands in warm climates	273

Of the laws againſt fuicides	279

Another origin of the right of flavery	286

Several kinds of flavery	290

Regulations between maſters and faves	297

That a plurality of wives depends greatly on	303

The principle on which the morals of the Eaſt	309

How the Laws of political Servitude have a Relation to the Nature of the Climate Chap I Of political fervitude	317

The difference between nations in point of courage ib Chap III Of the climate of Aſia	318

The confequences refulting from this	321

That when the people in the north of Afia and thofe of the north of Europe have conquered the effects of the conqueft were not the fame	322

A new phyfical caufe of the flavery of Afia and of the liberty of Europe	324

Of Africa and America	325

The fame fubject continued 248	326

What countries are beſt cultivated	327

New effects of the fertility and barrennefs of countries	328

Of countries raiſed by the induſtry of men	329

Of the works of men	330

Of the foil of America	331

Of favage nations and nations of barbarians	332

Of the civil laws of thofe nations who do not cultivate the earth	333

Of the political ſtate of the people who do not cultivate the lands	334

Of civil laws amongſt people who know not the ufe of money	335

Of the power of fuperſtition	336

Of the LAW OF NATIONS as practifed by the Tartars	338

Of a CIVIL LAW of the German nations	339

Of the ornaments of royalty	345

Of the marriages of the kings of the Franks ib Chap XXV CHILDERIC	346

The fame fubject continued	348

Of the fanguinary temper of the kings of the Franks	349

Of the national affemblies of the Franks	350

Of the authority of the clergy under the firſt race	351

Of Laws in Relation to the Principles which form the general Spirit the Morals and Cuftoms of a Nation Chap I Of the fubject of this book	352

Of tyranny	353

Of the general ſpirit of mankind	354

That every thing ought not to be corrected	355

Of the Athenians and Laced�monians	356

Effects of a focial temper ib Chap IX Of the vanity and the pride of nations ib Chap X Of the characters of the Spaniards and Chineſe	358

That liberty is favoured by the nature and pro	378

Other editions - View all

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Charles de Secondat baron de Montesquieu
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The Spirit of Laws
Charles de Secondat baron de Montesquieu
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The Spirit of Laws, Volume 1
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Common terms and phrases

abuſe accufed Afia againſt alfo almoft alſo amongst arife becauſe Befides cafe caufe cauſe CHAP China Chineſe citizens civil laws climate confequence confifts conftitution conqueft corruption countries crimes cuftoms defire defpotic government divifion emperor empire eſtabliſhed Europe exerciſe faid fame fays fecurity feems fenate fenfible fervitude feveral fhall fhould fingle firft fituation flavery flaves fociety fome meaſure fometimes foon fouth fpirit ftate ftrength fubfiftence fubject fuch fufficient Gregory of Tours hiftory himſelf honour houſe huſband increaſe inftitutions itſelf judge kings land lefs legiflators liberty likewife Livy mafter magiftrates manners moderate moft monarchies moſt muft muſt nations nature neceffary neceffity obferved obliged paffions papill� perfon pleaſure Plutarch poffible political polygamy prefent prefervation prince principle puniſhments reafon refpect render republic Romans Rome Salic Salic law ſeveral Sparta ſtate Tacitus taxes thefe themſelves theſe thing thofe thoſe thouſand twelve tables uſe virtue whofe wife women

Popular passages

Page 182 - Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control ; for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.

Appears in 376 books from 1774-2008

Page 188 - ... 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.

Appears in 67 books from 1774-2004

Page 181 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.

Appears in 229 books from 1774-2007

Page 185 - ... in the diets of Germany. True it is that by this way of proceeding the speeches of the deputies might with greater propriety be called the voice of the nation; but, on the other hand, this would...

Appears in 33 books from 1774-2004

Page 181 - 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. By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies, establishes the public security, and provides against...

Appears in 124 books from 1774-2005

Page 358 - 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.

Appears in 20 books from 1793-2005

Page 191 - ... a perpetual right, it would be a matter of indifference whether it held it of itself or of another.

Appears in 33 books from 1774-2004

Page 267 - Author of nature has made it an established rule that this pain should be more acute in proportion as the laceration is greater: now it is evident that the large bodies and coarse fibres of the people of the north are less capable of laceration than the delicate fibres of the inhabitants of warm countries; consequently the soul is there less sensible of pain. You must flay a Muscovite alive to make him feel.

Appears in 19 books from 1793-2004

Page 192 - 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.

Appears in 29 books from 1790-2007

Page 328 - Persians were masters of Asia, they permitted those who conveyed a spring to any place which had not been watered before to enjoy the benefit for five generations; and as a number of rivulets flowed from Mount Taurus, they spared no expense in directing the course of their streams. At this day, without knowing how they came thither, they are found in the fields and gardens.

Appears in 18 books from 1759-2004

Bibliographic information

Title	The Spirit of Laws, Volume 1 The Spirit of Laws, Charles de Secondat baron de Montesquieu
Author	Charles de Secondat baron de Montesquieu
Edition	7
Publisher	David Niven, 1793
Original from	the University of Michigan
Digitized	13 Sep 2007
Length	404 pages

Export Citation	BiBTeX EndNote RefMan

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