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Front Page  Titles (by Subject) Book XXXI Theory of Feudal Laws, Relative to the Revolutions of Monarchy. - A Commentary and Review of Montesquieu's 'Spirit of Laws'
Book XXXI Theory of Feudal Laws, Relative to the Revolutions of Monarchy. - Antoine Louis Claude, Comte Destutt de Tracy, A Commentary and Review of Montesquieu’s ’Spirit of Laws’ [1811]Edition used:A Commentary and Review of Montesquieu’s ’Spirit of Laws’: To which are annexed, Observations on the Thirty First Book by the late M. Condorcet; and Two Letters of Helvetius, on the Merits of the same Work, trans. Thomas Jefferson (Philadelphia: William Duane, 1811).
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- The Author,: to His Fellow Citizens of the United States of America.
- A Commentary and Review of the Spirit of Laws: Preliminary Observations
- Book I: Of Laws In General
- Book II: Of Laws Originating Directly From the Nature of the Government.
- Book III: Of the Principles of the Three Forms of Government.
- Book IV: The Laws Relating to Education, Should Be Congenial With the Principles of the Government.
- Book V: Laws Formed By the Legislature Should Be Consistent With the Principles of the Government.
- Book VI: Consequences of the Principles of Different Governments, In Relation to the Simplicity of Civil and Criminal Laws, the Forms of Juridical Proceedings, and the Apportionment of Punishments.
- Book VII: Consequences of the Different Principles of the Three Forms of Government, Relative to Sumptuary Laws, to Luxury, and to the Condition of Women.
- Book VIII: Of the Corruption of the Principle In Each of the Three Forms of Government.
- Book IX: Of Laws Relative to the Defensive Force.
- Book X: Of Laws Relative to the Offensive Force.
- Book XI: Of the Laws Which Establish Public Liberty, In Relation to the Constitution.
- Book XII: Of Laws That Establish Political Liberty In Relation to the Citizen.
- A Review.: On the Twelve First Books of the Spirit of Laws.
- Book XIII: Of the Relation Which Taxes, and the Amount of the Public Revenue, Have to Public Liberty.
- Book XIV: Of Laws In Relation to Climate.
- Book Xv the Manner In Which the Laws of Civil Slavery Relate to the Climate.
- Book Xvi How the Laws of Domestic Slavery Relate to the Climate.
- Book Xvii How the Laws of Political Servitude Relate to the Climate.
- Book XVIII: Of Laws In Relation to the Nature of the Soil.
- Book XIX: Of Laws In Relation to the Principles Which Form the General Dispositions, Morals, and Manners of a Nation.
- Book XX: Of Laws In Relation to Commerce, Considered In Its Nature and Different Forms.
- Book Xxi of Laws In Relation to Commerce, Considered With Reference to the Revolutions It Has Undergone.
- Book XXII: Of Laws In Relation to the Use of Money.
- Book XXIII: Of Laws In Relation to Population
- Book XXIV: Of Laws In Relation to a Religious Establishment, Its Practical Operation, and Doctrines.
- Book Xxv of Laws In Relation to a Religions Establishment, and Its Effects On External Policy.
- Book XXVI: Of Laws In Relation to the Nature of Things Upon Which They Decide.
- Book XXVII: Of the Origin and Revolutions of the Roman Laws On Succession.
- Book Xxviii of the Origin and Revolutions of Civil Law Among the Franks.
- Book XXIX: Of the Manner In Which Laws Should Be Composed.
- Book XXX: Theory of the Feudal Laws Among the Franks, Relative to the Establishment of Monarchy.
- Book Xxxi Theory of Feudal Laws, Relative to the Revolutions of Monarchy.
- Observations On the Twenty-ninth Book of the Spirit of Laws, By M. Condorcet By M Condorcet
- Book XXIX.: On the Manner of Forming Laws.
- Chap. I…. of the Spirit of the Legislator.
- Chap. Ii…. Continuation of the Same Subject.
- Chap. Iii…. That Laws Which Appear to Deviate From the Intentions of the Legislator, Are Often Conformable Thereto.
- Chap. Iv…. of Laws Which Clash With the Views of the Legislator.
- Chap. V…. Continuation of the Sane Subject.
- Chap. Vi…. Laws Which Appear to Be the Same Have Not Uniformly the Same Effect.
- Chap. Vii…. Continuation of the Same Subject. the Necessity of Composing Laws In a Proper Manner.
- Chap. Viii…. Laws Which Appear the Same Have Not Always Been Established On the Same Motives.
- Chap. Ix…. the Greek and Roman Laws Punished Suicide From Different Motives.
- Chap. X…. Laws Which Appear Contradictory, Sometimes Originate In the Same Spirit.
- Chap. Xi…. How Shall We Be Able to Compare and Judge Between Two Laws.
- Chap. Xii…. Laws Which Appear the Same, Are Sometimes Really Different.
- Chap. Xiii…. We Should Not Separate the Laws From the Purposes For Which They Were Established: of the Roman Laws Against Theft.
- Chap. Xiv…. Laws Should Not Be Separated From the Circumstances In Which They Were Established.
- Chap. Xv…. It Is Sometimes Proper That the Law Shall Correct Itself.
- Chap. Xvi…. Matters to Be Observed In Composing Laws.
- Chap. Xvii…. Bad Manner of Enacting Laws.
- Chap. Xviii…. of Ideas of Uniformity.
- Chap. Xix…. of Legislators.
- Letters of Helvetius, Addressed to President Montesquieu and M. Saurin, On Perusing the Manuscript of the Spirit of Laws
- Advertisement
- Letter I.: Letter of Helvetius to President Montesquieu
- Letter II.: Helvetius to A. M. Saurin.
Book XXXI Theory of Feudal Laws, Relative to the Revolutions of Monarchy.
These two books are also purely historical. Notwithstanding all its faults, the Spirit of Laws, when it appeared, merited the attacks of all the enemies of information and humanity, and the support of all their friends.
The reasons which induced me to pass over the twenty-seventh and twenty-eighth hooks, will lead me to act in the same manner with this: I very much respect these enquiries.... they have, without doubt, their utility, but they have but a very remote connexion with the subject which occupies me; consequently, I shall not examine them. I shall only observe, without entering far into the discussion, that every sensible man is sorry to see Montesquieu (chap. 25, book XXX,) give as a strong reason against the Abbé Dubos, that it would be injurious to the great families of France, and for the three races of their kings, to allege that at the commencement of the monarchy there was only one order of'citizens; that there were none with exclusive privileges; because upon that supposition, there must have been a time when they were common families! We are no less disgusted at the emphasis with which he parts from this famous nobility, which he uniformly represents as constantly covered with dust, blood, and sweat, and that at the close he has rendered himself ridiculous by being so much infatuated with this pompous trash. There is also some other foolery which even contradicts these; as for example, when he says that.... at the time of Gontram the French armies were no longer dreadful but to their own country; and when he exclaims.... a singular thing, it (monarchy) was in its decline in the time of the grandson of Clovis. It would have been much better, in my opinion, to have said.... it was a still born child or at least very ill formed; but I shall leave all this for the reflections of the reader; consequently my task is finished.
It would perhaps be proper in this place, to hazard a general judgment on the work of which we have just discussed the different parts. I shall, however, avoid it. I shall content myself with remarking that when the Spirit of Laws appeared, it was scarce ever attacked, but by men of a very despicable party and of evil dispositions; and that, notwithstanding its numerous faults, known, acknowleged, and avowed, it was always and constantly defended by all the true friends of information and humanity, even by those who had just personal motives of complaint against the author. At their head, Voltaire may be placed; who, on this occasion, as on all others of a similar nature, manifested his noble and generous character, as superior to the triflings of vanity, as his mind was to that of prejudice.
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