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the spirit of laws-第3章

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to justify the title and adds: 〃Polygamy is an affair of calculation when we would know; if it is more or less pernicious in certain climates; in certain countries; in certain circumstances than in others; it is not an affair of calculation when we would decide whether it be good or bad in itself。 It is not an affair of calculation when we reason on its nature; it may be an affair of calculation when we combine its effects; in short; it is never an affair of calculation when we enquire into the end of marriage; and it is even less so; when we enquire into marriage as a law established and confirmed by Jesus Christ。〃

Again; the author having said; that '4' polygamy is more conformable to nature in some countries than in others; the critic has seized the words more conformable to nature; to make his say; that he approves polygamy。 To which he answers; 〃If I say; that I should like better to have a fever than the scurvy; does this signify that I should like to have a fever? or only that the scurvy is more disagreeable to me than a fever?〃

Having finished his reply to what had been objected to on the subject of polygamy; he vindicates that excellent part of his work which treats of the climates; when speaking of the influence these have upon religion; he says; 〃I am very sensible that religion is in its own nature independent of all physical causes whatsoever; that the religion which is good in one country is good in another; and that it cannot be pernicious in one country without being so in all; but yet; I say; that as it is practiced by men; and has a relation to those who do not practice it; any religion whatsoever will find a greater facility in being practiced; either in the whole or in part; in certain circumstances than in others; and that whoever says the contrary must renounce all pretensions to sense and understanding。〃

But the critic has been greatly offended by our author's saying; '5' that when a state is at liberty to receive or to reject a new religion; it ought to be rejected; when it is received; it ought to be tolerated。 From hence he objects; that the author has advised idolatrous princes; not to admit the Christian religion into their dominions。 To this he answers first by referring to a passage in which he says; '6' that the best civil and political laws are; next to Christianity; the greatest blessings that men can give or receive; and adds; 〃If then Christianity is the first and greatest blessing; and the political and civil laws the second; there are no political or civil laws in any state that can or ought to hinder the entrance of the Christian religion。〃

His second answer is; 〃That the religion of heaven is not established by the same methods as the religions of the earth; read the history of the church; and you will see the wonders performed by the Christian religion: was she to enter a country; she knew how to open its gates; every instrument was able to effect it; at one time God makes use of a few fisherman; at another he sets an emperor on the throne; and makes him bow down his head under the yolk of the gospel。 Does Christianity hide herself in subterranean caverns? stay a moment; and you see an advocate speaking from the imperial throne on her behalf。 She traverses; whenever she pleases; seas; rivers; and mountains; no obstacles here below can stop her progress: implant aversion in the mind; she will conquer this aversion: establish customs; form habits; publish edicts; enact laws; she will triumph over the climate; over the laws which result from it; and over the legislators who have made them。 God acting according to decrees which are unknown to us; extends or contracts the limits of his religion。〃

______

1。 The present Kind of Sardinia。

2。 Book i。 Chap。 1。

3。 Book xvi。 Chap。 4。

4。 Book xvi。 Chap。 4。

5。 Book xxv。 Ch。 10。

6。 Ibid。 Ch。 1。




The Spirit of Laws

by Charles de Montesquieu

CONTENTS

Preface

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Book I。 Of Laws in General

1。 Of the Relation of Laws to Different Beings

2。 Of the Laws of Nature

3。 Of Positive Laws

Book II。 Of Laws Directly Derived from the Nature of Government

1。 Of the Nature of the Three Different Governments

2。 Of the Republican Government; and the Laws in Relation to Democracy

3。 Of the Laws in Relation to the Nature of Aristocracy

4。 Of the Relation of Laws to the Nature of Monarchical Government

5。 Of the Laws in Relation to the Nature of a Despotic Government

Book III。 Of the Principles of the Three Kinds of Government

1。 Difference Between the Nature and Principle of Government

2。 Of the Principle of Different Governments

3。 Of the Principle of Democracy

4。 Of the Principle of Aristocracy

5。 That Virtue Is Not the Principle of a Monarchical Government

6。 In What Manner Virtue Is Supplied in a Monarchical Government

7。 Of the Principle of Monarchy

8。 That Honour Is Not the Principle of Despotic Government

9。 Of the Principle of Despotic Government

10。 Difference of Obedience in Moderate and Despotic Governments

11。 Reflections on the Preceding Chapters

Book IV。 That the Laws of Education Ought to Be in Relation to the Principles of Government

1。 Of the Laws of Education

2。 Of Education in Monarchies

3。 Of Education in a Despotic Government

4。 Difference between the Effects of Ancient and Modern Education

5。 Of Education in a Republican Government

6。 Of some Institutions among the Greeks

7。 In What Cases These Singular Institutions May Be of Service

8。 Explanation of a Paradox of the Ancients in Respect to Manners

Book V。 That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government

1。 Idea of This Book

2。 What Is Meant by Virtue in a Political State

3。 What Is Meant by a Love of the Republic in a Democracy

4。 In What Manner the Love of Equality and Frugality Is Inspired

5。 In What Manner the Laws Establish Equality in a Democracy

6。 In What Manner the Laws Ought to Maintain Frugality in a Democracy

7。 Other Methods of Favouring the Principle of Democracy

8。 In What Manner the Laws Should Relate to the Principle of Government in an Aristocracy

9。 In What Manner the Laws Are in Relation to Their Principle in Monarchies

10。 Of the Expedition Peculiar to the Executive Power in Monarchies

11。 Of the Excellence of a Monarchical Government

12。 The Same Subject Continued

13。 An Idea of Despotic Power

14。 In What Manner the Laws Are in Relation to the Principles of Despotic Government

15。 The Same Subject Continued

16。 Of the Communication of Power

17。 Of Presents

18。 Of Rewards Conferred by the Sovereign

19。 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 Judgments; and the Inflicting of Punishments

1。 Of the Simplicity of Civil Laws in Different Governments

2。 Of the Simplicity of Criminal Laws in Different Governments

3。 In What Governments and in What Cases the Judges Ought to Determine According to the Express Letter of the Law

4。 Of the Manner of Passing Judgment

5。 I
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