The Online Library of Liberty

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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.

Chap. II.... Continuation of the same subject.

I do not understand what is contained in this first chapter; but I know that the spirit of a legislator should be justice. A faithful regard to the laws of nature is all that is properly law. In the regulation of the forms of proceeding, or in particular decisions, he should seek the best method of rendering them conformable to the laws and to truth. It is not by the spirit of moderation, but by the spirit of justice, that criminal laws should be mild, that civil laws should tend to equality, and the laws of the municipal administration to liberty and prosperity.

The two examples quoted are ill chosen. The simplicity of forms is not repugnant to security, whether personal or of property, for the preservation of which only all forms are established. M. Montesquieu seems to believe it, but he no where proves it; and the injustice caused by complicated forms, renders the contrary opinion at least probable.

The second example is preposterous: what is it to the science of composing laws, that Cecilius or Aulus Gellius uttered an absurdity?

By the spirit of moderation, does not M. Montesquieu understand that spirit of uncertainty which alters by a hundred little irrelative motives, the principles of justice, which are in themselves invariable. See chap. 18.