The Complete Works of Montesquieu. Electronic Edition. :: Volume I. ::

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Volume I.

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an eulogium on president montesquieu, by monsieur d’alembert.

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book I.: of laws in general.

chap. I.: of the relation of laws to different beings.

chap. II.: of the laws of nature.

chap. III.: of positive laws.

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book II.: of laws directly derived from the nature of government.

chap. I.: of the nature of three different governments.

chap. II.: of the republican government, and the laws relative to democracy.

chap. III.: of the laws relative to the nature of aristocracy.

chap. IV.: of the relation of laws to the nature of monarchical government.

chap. V.: of the laws relative to the nature of a despotic government.

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book III.: of the principles of the three kinds of government.

chap. I.: difference between the nature and principle of government.

chap. II.: of the principle of different governments.

chap. III.: of the principle of democracy.

chap. IV.: of the principle of aristocracy.

chap. V.: that virtue is not the principle of a monarchical government.

chap. VI.: in what manner virtue is supplied in a monarchical government.

chap. VII.: of the principle of monarchy.

chap. VIII.: that honour is not the principle of despotic government.

chap. IX.: of the principle of despotic government.

chap. X.: difference of obedience in moderate and despotic governments.

chap. XI.: reflections on the preceding chapters.

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book IV.: that the laws of education ought to be relative to the principles of government.

chap. I.: of the laws of education.

chap. II.: of education in monarchies.

chap. III.: of education in a despotic government.

chap. IV.: difference between the effects of ancient and modern education.

chap. V.: of education in a republican government.

chap. VI.: of some institutions among the greeks.

chap. VII.: in what case these singular institutions may be of service.

chap. VIII.: explication of a paradox of the ancients, in respect to manners.

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book V.: that the laws, given by the legislator, ought to be relative to the principle of government.

chap. I.: idea of this book.

chap. II.: what is meant by virtue in a political state.

chap. III.: what is meant by a love of the republic, in a democracy.

chap. IV.: in what manner the love of equality and frugality is inspired.

chap. V.: in what manner the laws establish equality in a democracy.

chap. VI.: in what manner the laws ought to maintain frugality in a democracy.

chap. VII.: other methods of favouring the principle of democracy.

chap. VIII.: in what manner the laws ought to be relative to the principle of government in an aristocracy.

chap. IX.: in what manner the laws are relative to their principle in monarchies.

chap. X.: of the expedition peculiar to the executive power in monarchies.

chap. XI.: of the excellence of a monarchical government.

chap. XII.: the same subject continued.

chap. XIII.: an idea of despotic power.

chap. XIV.: in what manner the laws are relative to the principles of despotic government.

chap. XV.: the same subject continued.

chap. XVI.: of the communication of power.

chap. XVII.: of presents.

chap. XVIII.: of rewards conferred by the sovereign.

chap. XIX.: new consequences of the principles of the three governments.

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book VI.: consequences of the principles of different governments with respect to the simplicity of civil and criminal laws, the form of judgements, and the inflicting of punishments.

chap. I.: of the simplicity of civil laws in different governments.

chap. II.: of the simplicity of criminal laws in different governments.

chap. III.: in what governments, and in what cases, the judges ought to determine according to the express letter of the law.

chap. IV.: of the manner of passing judgement.

chap. V.: in what governments the sovereign may be judge.

chap. VI.: that, in monarchies, ministers ought not to sit as judges.

chap. VII.: of a single magistrate.

chap. VIII.: of accusation in different governments.

chap. IX.: of the severity of punishments in different governments.

chap. X.: of the ancient french laws.

chap. XI.: that, when people are virtuous, few punishments are necessary.

chap. XII.: of the power of punishments.

chap. XIII.: insufficiency of the laws of japan.

chap. XIV.: of the spirit of the roman senate.

chap. XV.: of the roman laws in respect to punishments.

chap. XVI.: of the just proportion betwixt punishments and crimes.

chap. XVII.: of the rack.

chap. XVIII.: of pecuniary and corporal punishments.

chap. XIX.: of the law of retaliation.

chap. XX.: of the punishment of fathers for the crimes of their children.

chap. XXI.: of the clemency of the prince.

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book VII.: consequences of the different principles of the three governments, with respect to sumptuary laws, luxury, and the condition of women.

chap. I.: of luxury.

chap. II.: of sumptuary laws in a democracy.

chap. III.: of sumptuary laws in an aristocracy.

chap. IV.: of sumptuary laws in a monarchy.

chap. V.: in what cases sumptuary laws are useful in a monarchy.

chap. VI.: of the luxury of china.

chap. VII.: fatal consequences of luxury in china.

chap. VIII.: of public continency.

chap. IX.: of the condition or state of women in different governments.

chap. X.: of the domestic tribunal among the romans.

chap. XI.: in what manner the institutions changed at rome together with the government.

chap. XII.: of the guardianship of women among the romans.

chap. XIII.: of the punishments decreed by emperors against the incontinency of women.

chap. XIV.: sumptuary laws among the romans.

chap. XV.: of dowries and nuptial advantages in different constitutions.

chap. XVI.: an excellent custom of the samnites.

chap. XVII.: of female-administration.

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book VIII.: of the corruption of the principles of the three governments.

chap. I.: general idea of this book.

chap. II.: of the corruption of the principles of democracy.

chap. III.: of the spirit of extreme equality.

chap. IV.: particular cause of the corruption of the people.

chap. V.: of the corruption of the principle of aristocracy.

chap. VI.: of the corruption of the principle of monarchy.

chap. VII.: the same subject continued.

chap. VIII.: danger of the corruption of the principle of monarchical government.

chap. IX.: how ready the nobility are to defend the throne.

chap. X.: of the corruption of the principle of despotic government.

chap. XI.: natural effects of the goodness and corruption of the principles of government.

chap. XII.: the same subject continued.

chap. XIII.: the effect of an oath among virtuous people.

chap. XIV.: how the smallest change of the constitution is attended with the ruin of its principles.

chap. XV.: sure methods of preserving the three principles.

chap. XVI.: distinctive properties of a republic.

chap. XVII.: distinctive properties of a monarchy.

chap. XVIII.: particular case of the spanish monarchy.

chap. XIX.: distinctive properties of a despotic government.

chap. XX.: consequence of the preceding chapters.

chap. XXI.: of the empire of china.

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book IX.: of laws, in the relation they bear to a defensive force.

chap. I.: in what manner republics provide for their safety.

chap. II.: that a confederate government ought to be composed of states of the same nature, especially of the republican kind.

chap. III.: other requisites in a confederate republic.

chap. IV.: in what manner despotic governments provide for their security.

chap. V.: in what manner a monarchical government provides for its security.

chap. VI.: of the defensive force of states in general.

chap. VII.: a reflexion.

chap. VIII.: a particular case, in which the defensive force of a state is inferior to the offensive.

chap. IX.: of the relative force of states.

chap. X.: of the weakness of neighbouring states.

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book X.: of laws, in the relation they bear to offensive force.

chap. I.: of offensive force.

chap. II.: of war.

chap. III.: of the right of conquest.

chap. IV.: some advantages of a conquered people.

chap. V.: gelon, king of syracuse.

chap. VI.: of conquests made by a republic.

chap. VII.: the same subject continued.

chap. VIII.: the same subject continued.

chap. IX.: of conquests made by a monarchy.

chap. X.: of one monarchy that subdues another.

chap. XI.: of the manners of a conquered people.

chap. XII.: of a law of cyrus.

chap. XIII.: charles XII.

chap. XIV.: alexander.

chap. XV.: new methods of preserving a conquest.

chap. XVI.: of conquests made by a despotic prince.

chap. XVII.: the same subject continued.

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book XI.: of the laws which establish political liberty, with regard to the constitution.

chap. I.: a general idea.

chap. II.: different significations of the word, liberty.

chap. III.: in what liberty consists.

chap. IV.: the same subject continued.

chap. V.: of the end or view of different governments.

chap. VI.: of the constitution of england.

chap. VII.: of the monarchies we are acquainted with.

chap. VIII.: why the ancients had not a clear idea of monarchy.

chap. IX.: aristotle’s manner of thinking.

chap. X.: what other politicians thought.

chap. XI.: of the kings of the heroic times of greece.

chap. XII.: of the government of the kings of rome, and in what manner the three powers were there distributed.

chap. XIII.: general reflections on the state of rome after the expulsion of its kings.

chap. XIV.: in what manner the distribution of the three powers began to change, after the expulsion of the kings.

chap. XV.: in what manner rome, in the flourishing state of that republic, suddenly lost its liberty.

chap. XVI.: of the legislative power in the roman republic.

chap. XVII.: of the executive power in the same republic.

chap. XVIII.: of the judiciary power in the roman government.

chap. XIX.: of the government of the roman provinces.

chap. XX.: the end of this book.

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book XII.: of the laws that form political liberty, as relative to the subject.

chap. I.: idea of this book.

chap. II.: of the liberty of the subject.

chap. III.: the same subject continued.

chap. IV.: that liberty is favoured by the nature and proportion of punishments.

chap. V.: of certain accusations that require particular moderation and prudence.

chap. VI.: of the crime against nature.

chap. VII.: of the crime of high-treason.

chap. VIII.: of the bad application of the name of sacrilege and high-treason.

chap. IX.: the same subject continued.

chap. X.: the same subject continued.

chap. XI.: of thoughts.

chap. XII.: of indiscreet speeches.

chap. XIII.: of writings.

chap. XIV.: breach of modesty in punishing crimes.

chap. XV.: of the infranchisement of slaves, in order to accuse their master.

chap. XVI.: of calumny, with regard to the crime of high-treason.

chap. XVII.: of the revealing of conspiracies.

chap. XVIII.: how dangerous it is, in republics, to be too severe in punishing the crime of high-treason.

chap. XIX.: in what manner the use of liberty is suspended in a republic.

chap. XX.: of laws favourable to the liberty of the subject in a republic.

chap. XXI.: of the cruelty of laws, in respect to debtors, in a republic.

chap. XXII.: of things that strike at liberty in monarchies.

chap. XXIII.: of spies in monarchies.

chap. XXIV.: of anonymous letters.

chap. XXV.: of the manner of governing in monarchies.

chap. XXVI.: that, in a monarchy, the prince ought to be of easy access.

chap. XXVII.: of the manners of a monarch.

chap. XXVIII.: of the regard which monarchs owe to their subjects.

chap. XXIX.: of the civil laws proper for mixing some portion of liberty in a despotic government.

chap. XXX.: the same subject continued.

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book XIII.: of the relation which the levying of taxes and the greatness of the public revenues have to liberty.

chap. I.: of the public revenues.

chap. II.: that it is bad reasoning to say that the greatness of taxes is good in its own nature.

chap. III.: of taxes in countries where part of the people are villains or bondmen.

chap. IV.: of a republic in the like case.

chap. V.: of a monarchy in the like case.

chap. VI.: of a despotic government in the like case.

chap. VII.: of taxes in countries where villainage is not established.

chap. VIII.: in what manner the deception is preserved.

chap. IX.: of a bad kind of impost.

chap. X.: that the greatness of taxes depends on the nature of the government.

chap. XI.: of confiscations.

chap. XII.: relation between the weight of taxes and liberty.

chap. XIII.: in what government taxes are capable of increase.

chap. XIV.: that the nature of the taxes is relative to the government.

chap. XV.: abuse of liberty.

chap. XVI.: of the conquests of the mahometans.

chap. XVII.: of the augmentation of troops.

chap. XVIII.: of an exemption from taxes.

chap. XIX.: which is most suitable to the prince and to the people, the farming the revenues, or managing them by commission?

chap. XX.: of the farmers of the revenues.

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book XIV.: of laws as relative to the nature of the climate.

chap. I.: general idea.

chap. II.: of the difference of men in different climates.

chap. III.: contradiction in the tempers of some southern nations.

chap. IV.: cause of the immutability of religion, manners, customs, and laws, in the eastern countries.

chap. V.: that those are bad legislators who favour the vices of the climate, and good legislators who oppose those vices.

chap. VI.: of agriculture in warm climates.

chap. VII.: of monkery.

chap. VIII.: an excellent custom of china.

chap. IX.: means of encouraging industry.

chap. X.: of the laws relative to the sobriety of the people.

chap. XI.: of the laws relative to the distempers of the climate.

chap. XII.: of the laws against suicides.

chap. XIII.: effects arising from the climate of england.

chap. XIV.: other effects of the climate.

chap. XV.: of the different confidence which the laws have in the people, according to the difference of climates.

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book XV.: in what manner the laws of civil slavery are relative to the nature of the climate.

chap. I.: of civil slavery.

chap. II.: origin of the right of slavery among the roman civilians.

chap. III.: another origin of the right of slavery.

chap. IV.: another origin of the right of slavery.

chap. V.: of the slavery of the negroes.

chap. VI.: the true origin of the right of slavery.

chap. VII.: another origin of the right of slavery.

chap. VIII.: inutility of slavery among us.

chap. IX.: several kinds of slavery.

chap. X.: regulations necessary in respect to slavery.

chap. XI.: abuses of slavery.

chap. XII.: danger from the multitude of slaves.

chap. XIII.: of armed slaves.

chap. XIV.: the same subject continued.

chap. XV.: precautions to be used in moderate governments.

chap. XVI.: regulations between masters and slaves.

chap. XVII.: of infranchisements.

chap. XVIII.: of freed-men and eunuchs.

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book XVI.: how the laws of domestic slavery have a relation to the nature of the climate.

chap. I.: of domestic servitude.

chap. II.: that, in the countries of the south, there is a natural inequality between the two sexes.

chap. III.: that a plurality of wives greatly depends on the means of supporting them.

chap. IV.: that the law of polygamy is an affair that depends on calculation.

chap. V.: the reason of a law of malabar.

chap. VI.: of polygamy considered in itself.

chap. VII.: of an equality of treatment in case of many wives.

chap. VIII.: of the separation of women from men.

chap. IX.: of the connexion between domestic and political government.

chap. X.: the principle on which the morals of the east are founded.

chap. XI.: of domestic slavery independently of polygamy.

chap. XII.: of natural modesty.

chap. XIII.: of jealousy.

chap. XIV.: of the eastern manner of domestic government.

chap. XV.: of divorce and repudiation.

chap. XVI.: of repudiation and divorce amongst the romans.

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book XVII.: how the laws of political servitude have a relation to the nature of the climate.

chap. I.: of political servitude.

chap. II.: the difference between nations in point of courage.

chap. III.: of the climate of asia.

chap. IV.: the consequences resulting from this.

chap. V.: that, when the people in the north of asia and those of the north of europe made conquests, the effects of the conquest were not the same.

chap. VI.: a new physical cause of the slavery of asia and of the liberty of europe.

chap. VII.: of africa and america.

chap. VIII.: of the capital of the empire.

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book XVIII.: of laws in the relation they bear to the nature of the soil.

chap. I.: how the nature of the soil has an influence on the laws.

chap. II.: the same subject continued.

chap. III.: what countries are best cultivated.

chap. IV.: new effects of the barrenness and fertility of countries.

chap. V.: of the inhabitants of islands.

chap. VI.: of countries raised by the industry of man.

chap. VII.: of human industry.

chap. VIII.: the general relation of laws.

chap. IX.: of the soil of america.

chap. X.: of population, in the relation it bears to the manner of procuring subsistence.

chap. XI.: of savage and barbarous nations.

chap. XII.: of the law of nations among people who do not cultivate the earth.

chap. XIII.: of the civil law of those nations who do not cultivate the earth.

chap. XIV.: of the political state of the people who do not cultivate the land.

chap. XV.: of people who know the use of money.

chap. XVI.: of civil laws among people who know not the use of money.

chap. XVII.: of political laws amongst nations who have not the use of money.

chap. XVIII.: of the power of superstition.

chap. XIX.: of the liberty of the arabs and the servitude of the tartars.

chap. XX.: of the law of nations as practised by the tartars.

chap. XXI.: the civil law of the tartars.

chap. XXII.: of a civil law of the german nations.

chap. XXIII.: of the regal ornaments among the franks.

chap. XXIV.: of the marriages of the kings of the franks.

chap. XXV.: childeric.

chap. XXVI.: of the time when the kings of the franks became of age.

chap. XXVII.: the same subject continued.

chap. XXVIII.: of adoption among the germans.

chap. XXIX.: of the sanguinary temper of the kings of the franks.

chap. XXX.: of the national assemblies of the franks.

chap. XXXI.: of the authority of the clergy under the first race.

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book XIX.: of laws, in relation to the principles which form the general spirit, the morals, and customs, of a nation.

chap. I.: of the subject of this book.

chap. II.: that it is necessary people’s minds should be prepared for the reception of the best laws.

chap. III.: of tyranny.

chap. IV.: of the general spirit of mankind.

chap. V.: how far we should be attentive lest the general spirit of a nation be changed.

chap. VI.: that every thing ought not to be corrected.

chap. VII.: of the athenians and lacedæmonians.

chap. VIII.: effects of a sociable temper.

chap. IX.: of the vanity and pride of nations.

chap. X.: of the character of the spaniards and chinese.

chap. XI.: a reflection.

chap. XII.: of custom and manners in a despotic state.

chap. XIII.: of the behaviour of the chinese.

chap. XIV.: what are the natural means of changing the manners and customs of a nation.

chap. XV.: the influence of domestic government on the political.

chap. XVI.: how some legislators have confounded the principles which govern mankind.

chap. XVII.: of the peculiar quality of the chinese government.

chap. XVIII.: a consequence drawn from the preceding chapter.

chap. XIX.: how this union of religion, laws, manners, and customs, among the chinese, was effected.

chap. XX.: explication of a paradox relating to the chinese.

chap. XXI.: how the laws ought to have a relation to manners and customs.

chap. XXII.: the same subject continued.

chap. XXIII.: how the laws are founded on the manners of a people.

chap. XXIV.: the same subject continued.

chap. XXV.: the same subject continued.

chap. XXVI.: the same subject continued.

chap. XXVII.: how the laws contribute to form the manners, customs, and character, of a nation.

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The Complete Works of Montesquieu. Electronic Edition.

Volume I.

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BOOK XIX.: OF LAWS, IN RELATION TO THE PRINCIPLES WHICH FORM THE GENERAL SPIRIT, THE MORALS, AND CUSTOMS, OF A NATION.

CHAP. I.: Of the Subject of this Book.

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CHAP. I.: Of the Subject of this Book.

THIS subject is very extensive. In that croud of ideas, which present themselves to my mind, I shall be more attentive to the order of things than to the things themselves. I shall be obliged to wander to the right and to the left, that I may investigate and discover the truth.

CHAP. I.: Of the Subject of this Book.