論法的精神（英文版） - 城邦阅读花园


	《論法的精神》是孟德斯鳩最重要也是影響最大的一部著作，被認為是自亞里斯多德之後第一本綜合性的政治學著作。它以政治、法律為中心，廣涉經濟、社會、宗教、倫理、歷史、地理等方面，是一部法學的百科全書。全書分上下兩冊，共六卷三十一章。上冊集中闡述作者的思想，如三權分立理論、政體與法律的關係、地理環境決定論等；下冊則重在歷史與考證，考證了法國歷史上民法的羅馬法與日爾曼法的淵源與流變，以及法國封建法律理論與封建君主制。作者在該書中不是在單純地研究法律，而是試圖闡述法的精神，即揭示各種社會現象以及自然現象自身的性質、狀態及其對法律的影響。在孟德斯鳩看來，各國的法律背後都隱藏著各種相關的社會現象和自然現象。這些社會現象和自然現象的性質和狀態都對法律存在著影響關係，它們就像靈魂、精神一樣主宰著法律，此即“法的精神”。該書所闡述的政治法律思想對後世的政治法律實踐有著深遠的影響，對各國資產階級政治和法律制度的確立及完善起到了極大的作用。美國獨立戰爭中的《獨立宣言》以及《美國憲法》、法國大革命中《人權宣言》都曾深受其影響。孟德斯鳩也因為這部著作被後世認為是社會學、政治學以及比較法學的創始人。



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	目錄導讀 Abbreviations Author’s foreword Preface PART I BOOK 1 On laws in general BOOK 2 On laws deriving directly from the nature of the government BOOK 3 On the principles of the three governments BOOK 4 That the laws of education should be relative to the principles of the government BOOK 5 That the laws given by the legislator should be relative to the principle of the government BOOK 6 Consequences of the principles of the various governments in relation to the simplicity of civil and criminal laws, the form of judgments, and the establishment of penalties BOOK 7 Consequences of the different principles of the three governments in relation to sumptuary laws, luxury, and the condition of women BOOK 8 On the corruption of the principles of the three governments PART II BOOK 9 On the laws in their relation with defensive force BOOK 10 On laws in their relation with offensive force BOOK 11 On the laws that form political liberty in its relation with the constitution BOOK 12 On the laws that form political liberty in relation to the citizen BOOK 13 On the relations that the levy of taxes and the size of public revenues have with liberty PART III BOOK 14 On the laws in their relation to the nature of the climate BOOK 15 How the laws of civil slavery are related with the nature of the climate BOOK 16 How the laws of domestic slavery are related to the nature of the climate BOOK 17 How the laws of political servitude are related to the nature of the climate BOOK 18 On the laws in their relation with the nature of the terrain BOOK 19 On the laws in their relation with the principles forming the general spirit, the mores, and the manners of a nation PART IV BOOK 20 On the laws in their relation to commerce, considered in its nature and its distinctions BOOK 21 On laws in their relation to commerce, considered in the revolutions it has had in the world BOOK 22 On laws in their relation to the use of money BOOK 23 On laws in their relation to the number of inhabitants PART V BOOK 24 On the laws in their relation to the religion established in each country, examined in respect to its practices and within itself BOOK 25 On the laws in their relation with the establishment of the religion of each country, and of its external police BOOK 26 On the laws in the relation they should have with the order of things upon which they are to enact PART VI BOOK 27 ONLY CHAPTER On the origin and revolutions of the Roman laws on inheritance BOOK 28 On the origin and revolutions of the civil laws among the French BOOK 29 On the way to compose the laws BOOK 30 The theory of the feudal laws among the Franks in their relation with the establishment of the monarchy BOOK 31 The theory of the feudal laws among the Franks in their relation to the revolutions of their monarchy 術語彙編與簡釋