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Front Page  Titles (by Subject) Chap. IX.... The Greek and Roman laws punished suicide from different motives. - A Commentary and Review of Montesquieu's 'Spirit of Laws'
Chap. IX…. The Greek and Roman laws punished suicide from different motives. - 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.
Chap. IX.... The Greek and Roman laws punished suicide from different motives.
In what country of Greece was suicide punished, and what was the punishment? Montesquieu does not inform us. Nor does Plato in his dialogues, speak of any such laws established. He says, for example.... that a slave who should kill a free man in defending himself, should be punished with death. As respects suicide, Plato advises the relations to bury those who die by their own hands, without any ceremony, without any inscription, and finally to consult the priests upon the form of the expiatory sacrifice.
Indeed, the expression shall be punished, is not to be found in Plato: and this is the manner in which Montesquieu quotes Plato, and shews that suicide was punished in Greece.
In Rome, if a person deprived himself of life, before being condemned, he avoided the confiscation of his goods and a denial of the right of sepulture. The emperors afterwards decreed, that the accused, who should deprive themselves of life to prevent condemnation, should be treated as if they had been condemned. The laws which authorised confiscation after condemnation, were unjust; those which deprived the condemned of burial, might be barbarous, but in all this there was no punishment of suicide.
In England an exception is granted from certain punishments, to those who can read. Suppose that a law had been made to deprive those of this privilege, who had learned to read during the trial: could it be said that in England these punishments were enacted against those who had learned to read?
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