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Book V。 That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government
1。 Idea of this Book。 That the laws of education should relate to the principle of each government has been shown in the preceding book。 Now the same may be said of those which the legislator gives to the whole society。 The relation of laws to this principle strengthens the several springs of government； and this principle derives thence； in its turn； a new degree of vigour。 And thus it is in mechanics； that action is always followed by reaction。
Our design is； to examine this relation in each government； beginning with the republican state； the principle of which is virtue。
2。 What is meant by Virtue in a political State。 Virtue in a republic is a most simple thing： it is a love of the republic； it is a sensation； and not a consequence of acquired knowledge： a sensation that may be felt by the meanest as well as by the highest person in the state。 When the common people adopt good maxims； they adhere to them more steadily than those whom we call gentlemen。 It is very rarely that corruption commences with the former： nay； they frequently derive from their imperfect light a stronger attachment to the established laws and customs。
The love of our country is conducive to a purity of morals； and the latter is again conducive to the former。 The less we are able to satisfy our private passions； the more we abandon ourselves to those of a general nature。 How comes it that monks are so fond of their order？ It is owing to the very cause that renders the order insupportable。 Their rule debars them from all those things by which the ordinary passions are fed； there remains therefore only this passion for the very rule that torments them。 The more austere it is； that is； the more it curbs their inclinations； the more force it givfes to the only passion left them。
3。 What is meant by a Love of the Republic in a Democracy。 A love of the republic in a democracy is a love of the democracy； as the latter is that of equality。
A love of the democracy is likewise that of frugality。 Since every individual ought here to enjoy the same happiness and the same advantages； they should consequently taste the same pleasures and form the same hopes； which cannot be expected but from a general frugality。
The love of equality in a democracy limits ambition to the sole desire； to the sole happiness； of doing greater services to our country than the rest of our fellow…citizens。 They cannot all render her equal services； but they all ought to serve her with equal alacrity。 At our coming into the world； we contract an immense debt to our country； which we can never discharge。
Hence distinctions here arise from the principle of equality； even when it seems to be removed by signal services or superior abilities。
The love of frugality limits the desire of having to the study of procuring necessaries to our family； and superfluities to our country。 Riches give a power which a citizen cannot use for himself； for then he would be no longer equal。 They likewise procure pleasures which he ought not to enjoy； because these would be also repugnant to the equality。
Thus well…regulated democracies； by establishing domestic frugality； made way at the same time for public expenses； as was the case at Rome and Athens； when magnificence and profusion arose from the very fund of frugality。 And as religion commands us to have pure and unspotted hands when we make our offerings to the gods； the laws required a frugality of life to enable them to be liberal to our country。
The good sense and happiness of individuals depend greatly upon the mediocrity of their abilities and fortunes。 Therefore； as a republic； where the laws have placed many in a middling station； is composed of wise men； it will be wisely governed； as it is composed of happy men； it will be extremely happy。
4。 In what Manner the Love of Equality and Frugality is inspired。 The love of equality and of a frugal economy is greatly excited by equality and frugality themselves； in societies where both these virtues are established by law。
In monarchies and despotic governments； nobody aims at equality； this does not so much as enter their thoughts； they all aspire to superiority。 People of the very lowest condition desire to emerge from their obscurity； only to lord it over their fellow…subjects。
It is the same with respect to frugality。 To love it； we must practise and enjoy it。 It is not those who are enervated by pleasure that are fond of a frugal life； were this natural and common； Alcibiades would never have been the admiration of the universe。 Neither is it those who envy or admire the luxury of the great； people that have present to their view none but rich men； or men miserable like themselves； detest their wretched condition； without loving or knowing the real term or point of misery。
A true maxim it is； therefore； that in order to love equality and frugality in a republic； these virtues must have been previously established by law。
5。 In what Manner the Laws establish Equality in a Democracy。 Some ancient legislators； as Lycurgus and Romulus； made an equal division of lands。 A settlement of this kind can never take place except upon the foundation of a new republic； or when the old one is so corrupt； and the minds of the people are so disposed； that the poor think themselves obliged to demand； and the rich obliged to consent to a remedy of this nature。
If the legislator； in making a division of this kind； does not enact laws at the same time to support it； he forms only a temporary constitution； inequality will break in where the laws have not precluded it； and the republic will be utterly undone。
Hence for the preservation of this equality it is absolutely necessary there should be some regulation in respect to women's dowries； donations； successions； testamentary settlements； and all other forms of contracting。 For were we once allowed to dispose of our property to whom and how we pleased； the will of each individual would disturb the order of the fundamental law。
Solon； by permitting the Athenians； upon failure of issue＇1＇ to leave their estates to whom they pleased； acted contrary to the ancient laws； by which the estates were ordered to continue in the family of the testator；＇2＇ and even contrary to his own laws； for by abolishing debts he had aimed at equality。
The law which prohibited people having two inheritances＇3＇ was extremely well adapted for a democracy。 It derived its origin from the equal distribution of lands and portions made to each citizen。 The law would not permit a single man to possess more than a single portion。
From the same source arose those laws by which the next relative was ordered to marry the heiress。 This law was given to the Jews after the like distribution。 Plato；＇4＇ who grounds his laws on this division； made the same regulation which had been received as a law by the Athenians。
At Athens there was a law whose spirit； in my opinion； has not been hitherto rightly understood。 It was lawful to marry a sister only by the father's side； but it was not permitted to espouse a sister by the same venter。＇5＇ This cust