The spirit of laws. Transl. 1st Amer. ed, Volume 2

Charles de Secondat baron de Montesquieu

1802

Pages sélectionnées

Nature and Diſtinctions	9

Of fervitudes	10

The fame fubject continued	11

An inftitution adapted to economical commerce	15

The fame fubject continued	21

Wants of the people in the fouth different from thofe of the north	27

Of the genius of the Romans as to commerce	35

Of the commerce of the Romans with the Barbarians	49

ibid	184

Of the Origin and Revolutions of the civil Laws	197

The fame fubject continued	205

Other caufes of the difufe of the codes of barbatian laws	211

Of the ordeal or trial by boiling water eftablifhed by the Salic law	217

In what manner the cuftom of judicial combats gained ground	224

Origin of the point of honor 22 Of the manners relative to judicial combats ibid	228

Of the code of laws on judicial combats	230

Diſcovery of two new worlds and the manner Europe is affected by it	56

A problem	64

Reaſon why intereft was lowered one half after the conqueft of Indies	69

How the price of things is fixed in the variation of the fign of riches	70

The fame fubject continued	71

Of the relative fcarcity of gold and filver	72

Of exchange	73

Of the proceedings of the Romans in respect to money	81

Circumftances in which the Romans changed the value of their ſpecies	83

Proceedings with refpect to money in the time of the emperors	84

How the exchange is a reftraint on defpotic power	85

The practice of fome countries in Italy	86

The affiftance a ſtate may derive from bankers ibid 17 Of public debts	87

Of the payment of public debts	88

Of lending upon intereſt	89

Of maritime ufury	90

Of lending by contract and the ſtate of ufury amongſt the Romans	91

The fame fubject continued	92

Of Laws in Relation they bear to the Number of Inhabitants 1 Of men and animals with reſpect to the multiplication of their ſpecies	95

Of marriage	96

Of families	97

Of laws in relation to baftards	98

Of the fathers confent to narriage ibid 8 The fame fubject continued	100

Of the feverity of government	101

Of the number of males and females in different countries	102

Of feaport towns ibid 14 Productions of the earth which require a greater or leſs number of men	103

Of the number of inhabitants with relation to the arts	104

The concern of the legiflator in the propagation of the fpecies	105

Of the ſtate and number of people before the Romans	107

Of the depopulation of the univerfe ibid 20 That the Romans were under the neceffity of making laws to en courage the propagation of the fpecies	108

Of the laws of the Romans relating to the propagation of the ſpecies ibid 22 Of the expoſing of children	119

The changes in Europe with regard to the number of inhabitants	120

The fame fubject continued	121

Confequences ibid 27 Of the law made in France to encourage the propagation of the ſpeciesibid 28 By what means we may remedy a depopulation	122

Of hofpitals	123

Of Laws as Relative to Religion confidered in itfelf and in its Doctrines 1 Of religion in general	125

A paradox of Mr Bayles	126

That a moderate government is moſt agreeable to the Chriſtian relig ion and a defpatic government to the Mahometan	127

Confequences from the character of the Christian and Mahometan religion	128

g That the Catholic religion is moſt agreeable to a monarchy and the Proteftant to a republic	129

Another of Mr Bayles paradoxes	130

Of the connexion between the moral laws and thoſe of religion	131

Of the fect of Stoics	132

Of contemplation	133

In what manner religion has an influence on civil laws	134

That	135

How falfe religions are fometimes corrected by the civil laws	136

The fame ſubject continued	138

The fame ſubject continued	140

Dangerous for religion to infpire an averfion for things indifferent	141

Of the local laws of religion	142

Inconveniency of tranfplanting a religion from one country to another	143

The fame fubject	144

Of Laws as Relative to the Eſtabliſhment of Re ligion and its external Polity 1 Of religious fentiments	145

Of temples	147

Of the minifters of religion	149

Bounds which the law ought to preſcribe to the riches of the clergy	150

Of monafteries	152

Of the luxury of ſuperſtition ibid 8 Of the pontificate	153

Of toleration in point of religion	154

The ſame ſubject continued ibid 11 Of changing a religion	155

A moft humble remonftrance to the inquifitors of Spain and Portugal	156

Why the Chriftian religion is fo odious in Japan	159

Of Laws as Relative to the Order of Things on 1 Idea of this book	161

Of laws divine and human	162

Of civil laws contrary to the law of nature	163

The fame fubject continued	164

Cafes in which we may judge by the principles of the civil law in 6 That the order of fucceffion or inheritance depends on the principles limiting the ...	165

of political or civil law and not on thoſe of the law of nature	166

That we ought not to decide by the precepts of religion what be longs only to the law of nature	168

That we ought not to regulate by the principles of the canon law things which ſhould be regulated by thofe of the civil law	169

That	170

Rules eſtabliſhed in the judicial combats ibid 25 Of the bounds preſcribed to the cuſtom of judicial combats	232

Judiciary combat between one of the parties and one of the witneſſes	234

Of the judicial combat between one of the parties and one of the lords peers Appeal of falfe judgment	236

Of the appeal of default of justice	241

Epoch of the reign of St Lewis	245

31 Obfervations on appeals	248

The fame fubject continued	249

The fame fubject continued	250

Of the cofts	251

Of the public profecutor	253

In what manner the inftitutions of St Lewis fell into oblivion	256

The fame fubject continued	257

The fame fubject continued	260

In what manner the judiciary forms were borrowed from the decretals	262

Flux and reflux of the ecclefiaftic and temporal jurifdiction	263

Revival of the Roman law and the refult thereof Change in tribunals	264

The fame fubjet continued	267

Of the proof by witneſſes ibid 45 Of the cuſtoms of France	268

2 Of the ſpirit of the legiflator	271

That the laws which feem to deviate from the views of the legifla tor are frequently agreeable to them	272

Of the laws that are contrary to the views of the legiflator ibid 5 The fame fubject continued	273

That laws which appear the ſame have not always the ſame effect	274

Same continued Neceffity of compofing laws in a proper manner ibid 8 Laws which appear the fame not always made through the fame motive	275

Laws which feem contrary proceed fometimes from the fame ſpirit	276

How we are to judge of the difference of laws	277

That the laws which appear the fame are ſometimes really different	278

Of the Roman laws on theft	279

That we must not ſeparate the laws from the circumstances in which they were made	280

That fometimes it is proper the law fhould amend itſelf	281

Things to be obferved in the compofing of laws	282

A bad method of giving laws	286

Of the ideas of uniformity	287

Of legiflators	288

Of the fource of feudal laws	289

The origin of vaffalage	290

The fame fubject continued	291

Of the conquefts of the Franks	292

Of the Goths Burgundians and Franks	293

Taxes paid by the Romans and Gauls in the monarchy of the Franks	302

Of what they called cenfus	304

What they called cenfus was raiſed on the bondmen not the freemen	305

Of the feudal lords or vaſſals 304	308

Of the military ſervice of freemen 18 Of the double fervice	313

Of compofitions among the barbarous nations	315

Different	316

Of what was afterwards called the jurifdiction of the lords 315	319

Of the territorial jurifdiction of the churches	323

That the jurifdictions were eſtabliſhed before the end of the 2d race	325

General idea of the Abbe Du Bos book on the eſtabliſhment of the French monarchy in Gaul	328

Same fubject continued Reflections on the main part of the ſyſtem	329

Of the French nobility	332

Theory of the Feudal Laws among the Franks in the Relation they bear to the Revolutions of their Monarchy 1 Changes in the offices and in the fiefs ...	339

How the civil government was reformed	342

Authority of the mayors of the palace 4	345

Of the genius of the nation in regard to the mayors	347

In what manner the mayors obtained the command of the armies	348

Second epocha of the humiliation of our kings of the first race 7 Of the great offices and fiefs under the mayors of the palace 8 In what manner the a...	352

How the church lands were converted into fiefs	355

Riches of the clergy	356

State of Europe at the time of Charles Martel	357

Eftablishment of the tithes	360

Of the election of biſhops and abbots 14 Of the fiefs of Charles Martel 15 The fame fubject continued 16 Confufion of the royalty and mayoralty Th...	363

ibid	364

ibid	366

Principal caufe of humiliation of the fecond race Changes in allodia	376

Changes in the fiefs	378

Another change which happened in the fiefs	379

Changes which happened in the great offices and in the fiefs	380

Of the nature of the fiefs after the reign of Charles the Bald 378 379 380 29 The fame fubject continued	382

What manner the empire was transferred from the family of Charlemagne	384

In what manner the crown of France was transferred to Hugh Capet	385

33 Some confequences of the perpetuity of fiefs 383 386	386

Autres éditions - Tout afficher

The spirit of laws. Transl. 1st Amer. ed, Volume 1
Charles de Secondat baron de Montesquieu
Affichage du livre entier - 1802

Expressions et termes fréquents

abuſe againſt alfo almoſt ancient Balufius barbarians Beaumanoir becauſe Befides Burgundians cafe capitulary caufe cauſe cenfus CHAP Charlemagne Charles the Bald Chriftian citizens civil laws clergy coaft commerce confequence conftitution court crown cuftom defire Defontaines divifion eſtabliſhed faid falfe fays fecond feems fent feveral fhall fhould fiefs fign filver firft firſt flaves fome fpecie fpirit France Franks ftate ftill fubfiftence fubject fucceffion fuch fuffer fufficient Gregory of Tours gros himſelf Ibid increaſed Indies inftitutions intereft itſelf judicial combats king lands lefs Lewis livres Lombards lord manner Marculfus marriage meaſure merchandiſes moft monarchy moſt muft muſt nations nature neceffary obferved obliged perfon prefent prince puniſhed raiſed reafon refpect regulations religion Ripuarians Roman law Salic law ſtate Strabo thefe themſelves theſe things thofe thoſe thouſand tion trade twelve tables ufage ufury Ulpian uſe vaffals veffels Vifigoths whofe

Fréquemment cités

Page 157 - But it must be confessed, that you are much more cruel than this emperor. You put us to death who believe only what you believe, because we do not believe all that you believe. We follow a religion, which you yourselves know to have been formerly dear to God. We think that God loves it still, and you think that he loves it no more: and because you judge thus, you make those suffer by sword and fire who hold an error so pardonable as to believe that God still loves what he once loved...‎

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Page 162 - It is in the nature of human laws to be subject to all the accidents which can happen, and to vary in proportion as the will of man changes; on the contrary, by the nature of the laws of religion, they are never to vary.‎

Cité dans 22 livres de 1750 à 2004

Page 158 - ... but is it for children who have received the inheritance of their father, to hate those who have not? "If you have this truth, hide it not from us by the manner in which you propose it. The characteristic of truth is its triumph over hearts and minds, and not that impotency which you confess when you would force us to receive it by tortures. "If you were...‎

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Page 157 - We conjure you, not by the mighty God whom both you and we serve, but by that Christ, who, you tell us, took upon him a human form, to propose himself...‎

Cité dans 19 livres de 1750 à 2004

Page 132 - ... his reign more worthy to govern mankind. While the Stoics looked upon riches, human grandeur, grief...‎

Cité dans 18 livres de 1750 à 2004

Page 179 - ... political law : it is here that the civil law ought to triumph, who, with the eyes of a mother, regards every individual as the whole community. If the political magistrate would erect a public edifice, or make a new road, he must indemnify those who are injured by it : the public is in this respect like an individual, who treats with an individual. It is full enough that it can oblige a citizen to sell his inheritance, and that it can strip him of this great privilege which he holds from the...‎

Cité dans 12 livres de 1750 à 2004

Page 119 - The Romans had therefore laws against this custom, and yet they did not follow them. We find not any Roman law that permitted the exposing of children :J this was, without doubt, an abuse introduced towards the decline of the republic, when luxury robbed them of their freedom, when wealth divided was called poverty, when the father believed that all was lost which he gave to his family, and when this family was distinct from his property.‎

Cité dans 16 livres de 1750 à 2004

Page 101 - But men who are poor, only because they live under a severe government; who regard their fields less as the source of their subsistence than as a cause of vexation; these men, I say, have few children: they have not even subsistence for themselves. How then can they think of dividing it? They are unable to take care of their own persons when they are sick. How then can they attend to the wants of creatures whose infancy is a continual sickness? It is pretended by some who are apt to talk of things...‎

Cité dans 10 livres de 1750 à 2004

Page 169 - ... marriage as a thing merely spiritual, and as relating only to the things of another life, the violation is in both cases the same, but the political and civil laws of almost all nations have, with reason, made a distinction between them.‎

Cité dans 12 livres de 1750 à 2004

Page 134 - Laws As both religion and the civil laws ought to have a peculiar tendency to render men good citizens, it is evident that when one of these deviates from this end, the tendency of the other ought to be strengthened. The less severity there is in religion, the more there ought to be in the civil laws.‎

Cité dans 17 livres de 1750 à 2004

Informations bibliographiques

Titre	The spirit of laws. Transl. 1st Amer. ed, Volume 2 The spirit of laws. Transl. 1st Amer. ed, Charles de Secondat baron de Montesquieu
Auteur	Charles de Secondat baron de Montesquieu
Publié	1802
Original provenant de	Université d'Oxford
Numérisé	7 juin 2007

Exporter la citation	BiBTeX EndNote RefMan

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