The Online Library of Liberty

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• An Eulogium On President Montesquieu, By Monsieur D’alembert.
• Preface.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.

CHAP. VI.

That, in Monarchies, Ministers ought not to sit as Judges.

IT is, likewise, a very great inconveniency, in monarchies, for the ministers of the prince to sit as judges. We have still instances of states where there is a great number of judges to decide exchequer causes, and where the ministers, nevertheless, (a thing most incredible,) would fain determine them. Many are the reflections that here arise; but this single one will suffice for my purpose.

There is, in the very nature of things, a kind of contrast between a prince’s council and his courts of judicature. The king’s council ought to be composed of a few persons, and the courts of judicature of a great many. The reason is, in the former, things should be undertaken and conducted with a kind of warmth and passion, which can hardly be expected but from four or five men who make it their sole business. On the contrary, in courts of judicature, a certain coolness is requisite, and an indifference, in some measure, to all manner of affairs.