论法的精神
2003-5
中国政法大学出版社
(法)孟德斯鸠,Montesquieu
757
Anne M. Cohler,Basia C. Miller,Harold S. Stone
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The Spirit of the Laws is, without question, one of the central texts m the history of eighteenth -century thought, yet there has been no complete,scholarly English - language edition since that of Thomas Nugent, published in 1970. This lucid translation renders Montesqnieu' s problematic text newlyaccessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early Enlightment and why The Spirit of the Laws was, for example, such an influence upon those who framed the American constitution. Fully annotated, this edition should focus attention upon Montesquieu' s use of sources and his text as a whole.rather than upon those opening passages towards which critical energies have traditionaUy been devoted, and a selected bibliography and chronology are provided for those coming to Montesquieu's work for the first time.
1689年1月18日，孟德斯鸠（1689—1775年）出生于法国波尔多市附近的拉勃烈德城堡一个达官显贵之家。 自幼受过良好教育。19岁时获法学学士学位，出任律师。1814年开始担任波尔多法院顾问。1716年，继承了波尔多法院院长（他的祖父、伯父一直占有这个职务）职务，并获男爵封号。1721年孟德斯鸠化名“波尔?马多”发表了名著《波斯人信札》。1726年，他出卖了世袭的波尔多法院院长职务，迁居巴黎，专心于写作和研究。漫游了欧洲许多国家。1731年回到法国后，潜心著述。1748年，他最重要的著作《论法的精神》发表。这部书受到极大的欢迎，两年中就印行了22版。1755年，他旅途中染病去世。 孟德斯鸠是与伏尔泰并驾齐驱的启蒙思想家。他们两人的思想也颇相似，有反封建的一面，也有保守妥协的一面，同属大资产阶级的思想代表人物。孟德斯鸠反对神学，提倡科学，但又不是一个无神论者和唯物主义者，他是一名自然神论者。他最重要的贡献是对资产阶级的国家和法的学说作出了卓越贡献，他认为，“当立法权和行政权集中在同一个人或同一个机关之手，自由就不复存在”。他指出，“专制政体的原则是恐怖”；“专制政体是既无法律又无规章，由单独一个人按照一己的意志和反复无常的性情领导一切”。他在洛克分权思想的基础上明确提出了“三权分立”学说；他特别强调法的功能，他认为法律是理性的体现，法又分为自然法和人为法两类，自然法是人类社会建立以前就存在的规律，那时候人类处于平等状态；人为法又有政治法和民法等。
Part 1BOOK i On laws in generalBOOK 2 On laws deriving directly from the nature of thegovernmentBOOK 3 On the principles of the three governmentsBOOK 4 That the laws of education should be relative to theprinciples of the governmentBOOK 5 That the laws given by the legislator should berelative to the principle of the governmentBOOK 6 Consequences of the principles of the variousgovernments in relation to the simplicity of civiland criminal laws, the form of judgments, and theestablishment of penaltiesBOOK 7 Consequences of the different principles of thethree governments in relation to sumptuary laws,luxury, and the condition of womenBOOK 8 On the corruption of the principles of the threegovernmentsPart 2BOOK 9 On the laws in their relation with defensive forceBOOK 10 On laws in their relation with offensive forceBOOK 11 On the laws that form political liberty in itsrelation with the constitutionBOOK 12 On the laws that form political liberty in relationto the citizenBOOK 13 On the relations that the levy of taxes and the sizeof public revenues have with libertyPart 3BOOK 14 On the laws in their relation to the nature of theclimateBOOK 15 How the laws of civil slavery are related with thenature of the climateBOOK 16 How the laws of domestic slavery are related tothe nature of the climateBOOK 17 How the laws of political servitude are related tothe nature of the climateBOOK 18 On the laws in their relation with the nature ofthe terrainBOOK 19 On the laws in their relation with the principlesforming the general spirit, the mores, and themanners of a nationPart 4BOOK 20 On the laws in their relation to commerce,considered in its nature and its distinctionsBOOK 21 On laws in their relation to commerce, consideredin the revolutions it has had in the worldBOOK 22 On laws in their relation to the use of moneyBOOK 23 On laws in their relation to the number ofinhabitantsPart 5BOOK 24 On the laws in their relation to the religionestablished in each country, examined in respectto its practices and within itselfBOOK 25 On the laws in their relation with theestablishment of the religion of each country, andof its external policeBOOK 26 On the laws in the relation they should have withthe order of things upon which they are to enactPart 6BOOK 27 ONLY CHAPTER. On the origin and revolutionsof the Roman laws on inheritanceBOOK 28 On the origin and revolutions of the civil lawsamong the FrenchBOOK 29 On the way to compose the lawsBOOK 30 The theory of the feudal laws among the Franksin their relation with the establishment of themonarchyBOOK 31 The theory of the feudal laws among the Franksin their relation to the revolutions of theirmonarchyBibliographyIndex of names and placesIndex of works cited
IntroductionIn a letter written in 1748 when The Spirit of the Laws was first published Montesquieu wrote, "I can say that I have worked on it my whole life: I was given some law books when I left my college; I sought their spirit, I worked, but I did nothing worthwhile. I discovered my principles twenty years ago: they are quite simple; anyone else working as hard as I did would have done better.……
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书很好， 发货也很快
书刚到，表面上看起来比我想的要好，希望不会让我失望！
多年前看过中译本，现在买个英文本以作收藏。