The spirit of laws. Transl. 1st Amer. ed, Volume 1

Charles de Secondat baron de Montesquieu

1802

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Page 16

Title Page

Table of Contents

Of Laws in General	17

Difference of obedience in moderate and deſpotic govern ents	44

government in an ariſtocracy	68

to Of the expedition peculiar to the executive power in monarchies 24	74

Of the excellence of a monarchical government	75

The ſame ſubject continued 27	85

Of preſents	86

Of rewards conferred by the ſovereign 29 New conſequences of the principles of the three governments	88

Of Laws as Relative to the Nature of the Climaten 1 General idea	259

Contradiction in the characters of ſome ſouthern nations	263

Cauſe of the immutability of religion manners cuſtoms and laws in the eaſtern countries	264

Of the cultivation of warm climates	265

Of monachiſm	266

Means of encouraging induſtry	267

Of the laws relative to the fobriety of the people ibid 11 Of the laws relative to the diſtempers of the climate	269

Of the laws againſt ſuicides	271

Of the fimplicity of civil laws in different governments 92 1 Of the fimplicity of civil laws in different governments 2 Of the ſimplicity of criminal la...	96

Of the manner of forming judgments	97

In what governments the ſovereign may be judge	98

That in monarchies the miniſters ought not to be judges	101

Of acculations in different governments ibid Of a ſingle magiſtrate	102

Of the ſeverity of puniſhments in different governments	103

Of the ancient French laws 105 11 That when a people are virtuous few puniſhments are neceffary ibid 12 Of the power of puniſhments	106

Impotency of the laws of Japan	108

Of the ſpirit of the Roman fenate	110

Of the juſt proportion betwixt puniſhments and crimes	113

Of the queſtion or torture	114

Of pecuniary and corporal puniſhments	115

Of the law of retaliation ibid 20 Of the puniſhment of the fathers for the crimes of their children	116

Conſequences of the different Principles of the tbree Governments with refpet 10 Sumptuary Laws Luxury and the Condirion of Women 1 Of luxury...	118

Of fumptuary laws in a democracy 120 3 Of ſumptuary laws in an ariſtocracy	121

Of fumptuary laws in a monarchy ibid In what caſes fumptuary laws are uſeful in a monara 6 Of the luxury of China	123

In what manner the inſtitutions changed at Rome together with	129

Of the corruption of the principle of deſpotic government	143

Particular cafe of the Spaniſh monarchy	150

Of one monarchy that ſubdues another	170

Of conqueſts made by a deſpotic prince	176

Of the conſtitution of England ibid	192

In what manner the diſtribution of the three powers began to change	199

Of the Executive power in the ſame republic	206

That the greatneſs of taxes depends on the nature of the governme	250

Of an exemption from taxes	256

Effects ariſing from the climate of England ibid 14 Other effects of the climat�	273

Of the different confidence which the laws have in the people ac cording to the difference of climates	274

In what M�nner she Laws of Civil Slavery are Relative to the Nature of the Climate	275

Another origin of the right of flavery	278

The true origin of the right of ſlavery	280

Inutility of ſlavery among us ibid 9 Several kinds of ſlavery	282

Regulations neceſſary in reſpect to ſlavery	283

Abuſes of Navery 12 Danger from the multitude of ſlaves 13 Of armed ſlaves	285

The ſame ſubject continued 15 Precautions to be uſed in moderate governments	287

Regulations between maſters and flaves	289

Of enfranchiſements	290

Of freedmen and eunuchs	292

Of domeſtic ſervitude	293

That in the countries of the ſouth there is a natural inequality be tween the two ſexes 3 That a plurality of wives depends greatly on the means of ſupp...	294

That the law of polygamy is an affair that depends on calculation	296

The reaſon of a law of Malabar 6 Of polygamy conſidered in itſelf 8	297

Of an equality of treatment in caſe of many wives 8 Of the ſeparation of women from men	298

346	301

Of divorce and repudiation	304

Of lavage nations and nations of barbarians	322

Of the liberty of the Arabs and the fervitude of the Tartars	328

Of a civil law of the German nations	334

Of the weakneſs of neighboring ſtates ibid	341

Of the characters of the Spaniards and Chineſe	347

A conſequence drawn from the preceding chapter	353

How the laws contribute to form the manners cuſtoms and shar	359

Other editions - View all

The spirit of laws. Transl. 1st Amer. ed, Volume 2
Charles de Secondat baron de Montesquieu
Full view - 1802

Common terms and phrases

advantage affairs againſt alſo ancient authority becauſe become body called caſe cauſe CHAP China citizens civil climate conquered conſequence conſtitution continued contrary corruption countries crimes cuſtom danger death democracy derived deſpotic deſpotic government empire equal eſtabliſhed Europe executive extremely father firſt follow force give hands Hence himſelf honor Italy itſelf judge kind kings land laws legiſlative leſs liberty likewiſe live luxury magiſtrates manner maſter means ment moderate monarchies morals moſt muſt nature neceſſary never obliged obſerved particular perſon political preſent preſerve prince principle proper proportion puniſhment reaſon regulated relation render republic reſpect riches Romans Rome rule ſame ſays ſee ſeems ſenate ſeveral ſhall ſhould ſingle ſlaves ſome ſpirit ſtate ſubject ſuch themſelves theſe thing thoſe tion uſe virtue wanted whole women

Popular passages

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 234 books from 1750-2007

Page 187 - ... 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 70 books from 1750-2004

Page 191 - 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 37 books from 1750-2007

Page 181 - 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 379 books from 1750-2008

Page 183 - ... there is an end of liberty; unless they are taken up in order to answer without delay to a capital crime, in which case they are really free, being subject only to the power of the law.

Appears in 25 books from 1750-2004

Page 26 - 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...

Appears in 19 books from 1750-2004

Page 190 - To prevent the executive power from being able to oppress, it is requisite that the armies with which it is...

Appears in 44 books from 1750-2008

Page 182 - ... in quality of legislators. They may plunder the state by their general determinations ; and as they have likewise the judiciary power in their hands, every private citizen may be ruined by their particular decisions.

Appears in 41 books from 1750-2004

Page 186 - The executive power ought to be in the hands of a monarch, because this branch of government, having need of despatch, is better administered by one than by many: on the other hand, whatever depends on the legislative power is oftentimes better regulated by many than by a single person.

Appears in 64 books from 1750-2008

Page 279 - These creatures are all over black, and with such a flat nose that they can scarcely be pitied. It is hardly to be believed that God, who is a wise Being, should place a soul, especially a good soul, in such a black ugly body.

Appears in 49 books from 1750-2008

Bibliographic information

QR code for The spirit of laws. Transl. 1st Amer. ed

Title	The spirit of laws. Transl. 1st Amer. ed, Volume 1 The spirit of laws. Transl. 1st Amer. ed, Charles de Secondat baron de Montesquieu
Author	Charles de Secondat baron de Montesquieu
Published	1802
Original from	Oxford University
Digitized	7 Jun 2007

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