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

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Contents

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 climatë
273
Of the different confidence which the laws have in the people ac cording to the difference of climates
274
In what Männer 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

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

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