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the spirit of laws-第7章

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11。 Of Changing a Religion

12。 Of Penal Laws

13。 A Most Humble Remonstrance to the Inquisitors of Spain and Portugal

14。 Why the Christian Religion Is So Odious in Japan

15。 Of the Propagation of Religion

Book XXVI。 Of Laws in Relation to the Order of Things Which They Determine

1。 Idea of This Book

2。 Of Laws Divine and Human

3。 Of Civil Laws Contrary to the Law of Nature

4。 The Same Subject Continued

5。 Cases in Which We May Judge by the Principles of the Civil Law; in Limiting the Principles of the Law of Nature

6。 That the Order of Succession or Inheritance Depends on the Principles of Political or Civil Law; and Not on Those of the Law of Nature

7。 That We Ought Not to Decide by the Precepts of Religion What Belongs Only to the Law of Nature

8。 That We Ought Not to Regulate by the Principles of the Canon Law Things Which Should Be Regulated by Those of the Civil Law

9。 That Things Which Ought to Be Regulated by the Principles of Civil Law Can Seldom Be Regulated by Those of Religion。

10。 In What Case We Ought to Follow the Civil Law Which Permits; and Not the Law of Religion Which Forbids

11。 That Human Courts of Justice Should Not Be Regulated by the Maxims of Those Tribunals Which Relate to the Other Life

12。 The Same Subject Continued

13。 In What Cases; with Regard to Marriage; We Ought to Follow the Laws of Religion; and in What Cases We Should Follow the Civil Laws

14。 In What Instances Marriages between Relatives Should Be Regulated by the Laws of Nature; and in What Instances by the Civil Laws

15。 That We Should Not Regulate by the Principles of Political Law Those Things Which Depend on the Principles of Civil Law

16。 That We Ought Not to Decide by the Rules of the Civil Law; When It Is Proper to Decide by Those of the Political Law

17。 The Same Subject Continued

18。 That It Is Necessary to Inquire Whether the Laws Which Seem Contradictory Are of the Same Class

19。 That We Should Not Decide Those Things by the Civil Law Which Ought to Be Decided by Domestic Laws

20。 That We Ought Not to Decide by the Principles of the Civil Laws Those Things Which Belong to the Law of Nations

21。 That We Should Not Decide by Political Laws Things Which Belong to the Law of Nations

22。 The Unhappy State of the Inca Athualpa

23。 That When; by Some Circumstance; the Political Law Becomes Destructive to the State; We Ought to Decide by Such a Political Law; as Will Preserve It; Which Sometimes Becomes a Law of Nations

24。 That the Regulations of the Police Are of a Different Class from Other Civil Laws

25。 That We Should Not Follow the General Disposition of the Civil Law in Things Which Ought to Be Subject to Particular Rules Drawn from Their Own Nature

Book XXVII。

1。 Of the Origin and Revolutions of the Roman Laws on Successions

Book XXVIII。 Of the Origin and Revolutions of the Civil Laws among the French

1。 Different Character of the Laws of the Several People of Germany

2。 That the Laws of the Barbarians Were All Personal

3。 Capital Difference between the Salic Laws; and Those of the Visigoths and Burgundians

4。 In What Manner the Roman Law Came to Be Lost in the Country Subject to the Franks; and Preserved in That Subject to the Goths and Burgundians

5。 The Same Subject Continued

6。 How the Roman Law Kept its Ground in the Demesne of the Lombards

7。 How the Roman Law Came to Be Lost in Spain

8。 A False Capitulary

9。 In What Manner the Codes of Barbarian Laws; and the Capitularies Came to Be Lost

10。 The Same Subject Continued

11。 Other Causes of the Disuse of the Codes of Barbarian Laws; as well as of the Roman Law; and of the Capitularies

12。 Of Local Customs。 Revolution of the Laws of Barbarous Nations; as well as of the Roman Law

13。 Difference between the Salic Law; or That of the Salian Franks; and That of the Ripuarian Franks; and other Barbarous Nations

14。 Another Difference

15。 A Reflection

16。 Of the Ordeal or Trial by Boiling Water; Established by the Salic Law

17。 Particular Notions of Our Ancestors

18。 In What Manner the Custom of Judicial Combats Gained Ground

19。 A New Reason of the Disuse of the Salic and Roman Laws; as Also of the Capitularies

20。 Origin of the Point of Honour

21。 A new Reflection on the Point of Honour among the Germans

22。 Of the Manners in Relation to Judicial Combats

23。 Of the Code of Laws on Judicial Combats

24。 Rules Established in the Judicial Combat

25。 Of the Bounds Prescribed to the Custom of Judicial Combats

26。 On the Judiciary Combat between One of the Parties and One of the Witnesses

27。 Of the Judicial Combat between One of the Parties and One of the Lords' Peers。 Appeal of False Judgment

28。 Of the Appeal of Default of Justice

29。 Epoch of the Reign of St。 Louis

30。 Observation on Appeals

31。 The Same Subject Continued

32。 The Same Subject Continued

33。 The Same Subject Continued

34。 In What Manner the Proceedings at Law Became Secret

35。 Of the Costs

36。 Of the Public Prosecutor

37 In What Manner the Institutions of St。 Louis Fell into Oblivion

38。 The Same Subject Continued

39。 The Same Subject Continued

40。 In What Manner the Judiciary Forms Were Borrowed from the Decretals

41。 Flux and Reflux of the Ecclesiastic and Temporal Jurisdiction

42。 The Revival of the Roman Law; and the Result Thereof。 Change of Tribunals

43。 The Same Subject Continued

44 Of the Proof by Witnesses

45。 Of the Customs of France

Book XXIX。 Of the Manner of Composing Laws

1。 Of the Spirit of a Legislator

2。 The Same Subject Continued

3。 That the Laws Which Seem to Deviate from the Views of the Legislator Are Frequently Agreeable to Them

4。 Of the Laws Contrary to the Views of the Legislator

5。 The Same Subject Continued

6。 The Laws Which Appear the Same Have Not Always the Same Effect

7。 The Same Subject Continued。 Necessity of Composing Laws in a Proper Manner

8。 That Laws Which Appear the Same Were Not Always Made through the Same Motive

9。 That the Greek and Roman Laws Punished Suicide; but Not through the Same Motive

10。 That Laws Which Seem Contrary Proceed Sometimes from the Same Spirit

11。 How to Compare Two Different Systems of Laws

12。 That Laws Which Appear the Same Are Sometimes Really Different

13。 That We Must Not Separate Laws from the End for Which They Were Made: of the Roman Laws on Theft

14。 That We Must Not Separate the Laws from the Circumstances in Which They Were Made

15。 That Sometimes It Is Proper the Law Should Amend Itself

16。 Things to Be Observed in the Composing of Laws

17。 A bad Method of Giving Laws

18。 Of the Ideas of Uniformity

19。 Of Legislators

Book XXX。 Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy

1。 Of Feudal Laws

2。 Of the Source of Feudal Laws

3。 The Origin of Vassalage

4。 The Same Subject Continued

5。 Of the Conquests of the Franks

6。 Of the Goths; Burgundians; and Franks

7。 Different Ways of Dividing the Land

8。 The Same Subject Continued

9。 A Just Application of the Law of the Burgundian
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