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EDITION USED
The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols.
z Volume I: The Spirit of Laws
z Volume II: The Spirit of Laws (continued)
z Volume III: Considerations on the Causes of the Grandeur and Declension of the Roman Empire; and the Persian Letters
z Volume IV: Familiar Letters; Miscellaneous Pieces (An Oration, An Essay upon Taste; Of the Pleasures of the Soul; The Temple of Gnidus; Cupid Distressed; Lysimachas; D’Alembert’s Analysis of the Spirit of Laws; A Defence of the Spirit of Laws; Some Explanations of the Spirit of Laws)
TABLE OF CONTENTS
z AN EULOGIUM ON PRESIDENT MONTESQUIEU, BY MONSIEUR D’ALEMBERT.
{ ENDNOTES
z PREFACE.
{ ENDNOTES
z THE SPIRIT OF LAWS.
{ 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.
ENDNOTES
{ BOOK II. OF LAWS DIRECTLY DERIVED FROM THE NATURE OF
GOVERNMENT.
CHAP. I. OF THE NATURE OF THREE DIFFERENT
GOVERNMENTS.
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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.
ENDNOTES
{ 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.
ENDNOTES
{ 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.
ENDNOTES
{ BOOK V. THAT THE LAWS, GIVEN BY THE LEGISLATOR, OUGHT TO BE
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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.
ENDNOTES
{ 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.
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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.
ENDNOTES
{ 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.
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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.
ENDNOTES
{ 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.
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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.
ENDNOTES
{ 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.
ENDNOTES
{ 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.
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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.
ENDNOTES
{ 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.
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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.
ENDNOTES
{ 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.
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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.
ENDNOTES
{ 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.