COUNSEL TO THE ROYAL COURT OF PARIS,
HONORARY PROFESSOR OF LAW AT THE ACADEMY OF LAUSANNE,
AUTHOR OF THE EUROPEAN CENSOR.
Translation by Roderick T. Long
This online edition of Charles Comte’s Treatise on Legislation is a work in progress.
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AUTHOR’S PREFACE
BOOK I.
On the analytical method applied to the sciences of legislation and morals, and the different systems upon which some have attempted to found these two sciences.
CHAP. I. On the different ways of treating the sciences of morals and legislation; the phenomena with which one must be familiar in order to grasp these sciences; the causes which have hindered or favoured their advancement; and the purpose of this work.
CHAP. II. On the analytical method applied to the study of morals and legislation; and the effects of this method on the improvement of mores and laws.
CHAP. III. On the influence exerted on mores and laws by a false analysis; or the effects of sophisms and false systems in morals and legislation.
CHAP. IV. On the two elements essential to the advancement of the moral sciences; and the opposition which has purportedly been observed between the analytical method and the action of the moral sense or of conscience.
CHAP. V. On the laws to which men are subject by their own nature; the systems of the jurisconsults on natural laws; how the word right is to be understood; and the difference that exists between right and power or authority.
CHAP. VI. On the system according to which civil and political laws are regarded as the consequences of a primitive agreement, or the Social Contract of J.-J. Rousseau, and the opposition that exists between this system and the analytical method.
CHAP. VII. On the system according to which laws are regarded as the expression of the general will; what is meant by this will; the errors that are to be found in this system, and the consequences to which they lead in legislation and morals.
CHAP. VIII. On the system that makes positive religion the exclusive foundation of morals and laws, and the influence of this system on civilisation.
CHAP. IX. On the doctrine that founds morals and legislation on the principle of utility, or on interest properly understood.
CHAP. X. Of the discord that exists in morals and legislation between systems adopted in theory and rules followed in practice; and the necessity to bring men’s understanding into harmony with their conduct. – Conclusion of this book.
BOOK II.
On the nature and description of laws, and the different ways in which they affect men.
CHAP. I. On the nature of laws; the elements of force or power of which they are composed, and the different ways in which certain of them are formed and destroyed.
CHAP. II. On the description of laws; the effects that these descriptions produce; the vices that they encounter, and the interpretations to which they give rise. On the intention of the legislator. Whether it is good to consult this intention.
CHAP. III. Distinction between an arbitrary regime and a legal regime. – In what the difference consists.
CHAP. IV. On the different elements of power in which laws consist; or the general causes of the action that men exert on one another.
CHAP. V. On physical pains and pleasures considered as elements of the power of laws. – On the judgments that have been passed on pleasures and pains of this kind by religious and philosophuical sects.
CHAP. VI. On moral pains and pleasures considered as elements of the power of laws.
CHAP. VII. On the opinions or ideas of different classes of the population considered as elements of the power of laws.
CHAP. VIII. On the elements of power of which the laws of morals are composed; and the influence that familiarity with these elements exerts on the judgments we pass on human actions and habits.
CHAP. IX. On the particular effects of each of the principal elements of force of which a law is composed; and the influence that familiarity with these effects exerts on our judgment of the causes that produce them.
CHAP. X. On the power that belongs to each of the elements of force of which a law is composed; the extent of moral laws, and the limits placed by man’s nature itself on the action of governments.
CHAP. XI. On the action of laws of morals; the obstacles that this action sometimes encounters in that of governments, in public institutions or in popular errors.
BOOK III.
On the improvement and decline to which human faculties are liable. – On the distinction of different races or varieties of men. – On the causes to which the production of these races or varieties is attributed. – On the development achieved by peoples of different races in different latitudes. On the influence of localities, watercourses, and climate on this development.
CHAP. I. In what consist the improvement and decline of man’s various parts. – On the consequences that result from this improvement and decline. – On the influence of govenrments on the development of human faculties.
CHAP. II. The limits placed by nature on the improvement of human faculties.
CHAP. III. On the different races or varieties of which the human species is composed. – On the opinion of certain writers on this topic.
CHAP. IV. On the physical causes to which have been attributed the production of different varieties or races of men, and particularly the influence of climate.
CHAP. V. On the influence attributed to the action of climate on the production of different races or varieties of men. – On the invasions by peoples of different races of one another’s territories, and the confusion that has resulted therefrom.
CHAP. VI. On the difficulties raised by the question of the influence of climate on human faculties. – Exposition of the system of Montesquieu on this influence. – Vices of this system.
CHAP. VII. On the physical development achieved in America and in the Pacific islands, in different latitudes, by peoples of the American, Malay, and Negro races or varieties.
CHAP. VIII. On the physical development achieved in Asia, Africa, and Europe, in different latitudes, by people of the Mongolian, Caucasian, and Ethiopian races. – On the physical causes of this development.
CHAP. IX. On the intellectual development achieved in America, in different latitudes, by peoples of the Red or American race.
CHAP. X. On the intellectual development achieved in the Pacific islands, in different latitudes, by peoples of the Malay race, and by peoples of the Negro or Ethopian race.
CHAP. XI. On the intellectual development achieved in Asia, in different latitudes, by peoples of the Mongolian race and by peoples of the Caucasian race.
CHAP. XII. On the intellectual development achieved in in Africa and in Europe, in different latitudes, by peoples of the Ethiopian race and by peoples of the Caucasian race.
CHAP. XIII. On the moral development of peoples of different races. – On the analogy that exists between mores and laws. – On the connections between men’s intellectual development and moral improvement. – Method followed in this exposition.
CHAP. XIV. On the connections observed between the means of existence and the nature of the governments of peoples of the Red race in northern America. – On the type of inequality that exists among these peoples. – On the means of assurance employed by individuals. – On the mores that result from the employment of these means.
CHAP. XV. On the connections that exist between the two sexes among peoples of the Red race in northern America. – On the connections between parents and their children. – On the mores that are the consequences of these connections.
CHAP. XVI. On the relations that exist between the different tribes of the Red race in northern America. – On the causes of the wars that they wage. – On the spirit with which they conduct them.
CHAP. XVII. On the vices and diseases that result among the people of the Red race in northern America from their social relations, their lack of intellectual development, and the physical circumstances in the midst of which they are located.
CHAP. XVIII. On the social condition and mores of the peoples of the Red race, located in the tropics. – Comparison between these peoples and those of the same race located in the cold climate of the north.
CHAP. XIX. On the connections observed between the means of existence and the social condition of the peoples of the Malay race in the Pacific. – On the type of inequalities that exist among these peoples.
CHAP. XX. On the relations that exist berween the two sexes among the peoples of the Malay race in the Pacific. – On the relations between parents and their children.
CHAP. XXI. On the relations that exist, among the peoples of the Malay race in the pacific, between the aristocratic class and the other classes of the population. On the mores that result from these connections.
CHAP. XXII. On the relations that exist among different peoples or among the federation of peoples of the Malay race. – On the influence of their social organisation on the nature of these relations. – On the causes and results of their wars.
CHAP. XXIII. On the opposition between the conduct of peoples of the Malay race
toward European navigators and their conduct toward one another. – Explanation of this phenomenon.
CHAP. XXIV. Comparison between the mores of peoples of the Malay race located in a cold climate and the mores of peoples of the same race loctaed in the tropics.
CHAP. XXV. On the conections observed between the means of existence and the social condition of peoples of the Negro race in New Holland and on certain Pacific islands. – On the mores of these peoples in different latitudes.
CHAP. XXVI. On the connections observed between the means of existence and the social condition of peoples of the Negro race at the southern extremity of Africa. – On the mores that result from this condition.
CHAP. XXVII. On the connections observed between the means of existence and the social condition of peoples of the Negro race on the western coast of Africa situated in the tropics. – On the type of inequalities that exist among these peoples. – On the mores that result from these inequalities. – Comparison between the mores of these peoples and the mores of peoples of the same race who live at the southern extremity of that continent.
CHAP. XXVIII. On the connections observed between the means of existence and the social condition of peoples of the Mongolian race in eastern and central Asia. – Comparison between the mores of peoples of this race who live in a cold climate and the mores of those who live in a temperate or hot climate.
CHAP. XXIX. On the connections observed between the means of existence and the social condition of peoples of the Mongolian race in western and central Asia. – Comparison between the mores of peoples of this race who live in a cold climate and the mores of those who live in a temperate or hot climate.
CHAP. XXX. On the connections observed between the means of existence and the social condition of peoples of the Caucasian race in southeast Asia. – Constitution of a nomadic people. – Comparison between the mores of these peoples and the mores of peoples of the same race further north.
CHAP. XXXI. On the connections between the means of existence and the social organisation of certain peoples of the Caucasian race in the eastern part of Africa. – On the type of inequality that exists among these peoples. – On the mores that determine their social condition, and on those that are its consequences. – On the mores of certain Negro peoples.
CHAP. XXXII. On the connections observed between the means of existence and the social organisation of certain peoples of the Caucasian race in northwest Africa. – On the type of inequality that existed or still exists among these peoples. – Constitution of a military aristocracy.
CHAP. XXXIII. On the relations observed between the military aristocracy and the industrious class among the peoples of the Caucasian race in northwest Africa. – On the influence of these relations on the prosperity of the country and on the numerical extent of the population.
CHAP. XXXIV. Comparison between the portion of wealth which is left to the labouring class and the portion that the military aristocracy approprpiates for itself among the peoples of the Caucasian race in northwest Africa. – On the mores that result from military dominaton. – Status of women. – Advance of barbarism. – Influence of security on mores and industry.
CHAP. XXXV. On the connections observed between the means of existence and oscial organisation of certain peoples of the Caucasian race on the northern coast of Africa. – On the mores that result from the relations of different classes of the population. – Comparison between these peoples and those of the same race situated in a hotter climate on the same continent.
CHAP. XXXVI. Outline of the mores of certain peoples of Europe. – Comparison between the mores of those who inhabit a cold climate and the mores of those who inhabit a temperate or hot climate.
CHAP. XXXVII. Conclusion of this book.
BOOK IV.
On the first objects upon which human faculties are developed. – On the connections that exist between the distribution of different races of men on the surface of the globe and the distribution of their means of existence. – On the natural division of peoples. – On the influence exerted on civilisation by the nature and situation of the soil, the direction of watercourses, and the temperature of the atmosphere. – Comparison between the peoples of different races, and between barbarous and civilised peoples. – On the development of certain particular faculties among different races of men. – On the causes of this development. – On the origin of slavery.
CHAP. I. On the first objects upon which human faculties are developed. – On the connections that exist between the distribution of these objects and the distribution of peoples on the surface of the globe. – On the natural division of nations in accordance with the formation of mountans and the division of watercourses. – On the influence exerted on the advacement of peoples by nature and the situation of the soil, watercourses and the temperaure of the atmosphere.
CHAP. II. On the influence exerted on the peoples of Africa, Asia, Van Diemen’s Land, and New Holland by the local circumstances in the midst of which these peoples have been placed.
CHAP. III. On the influence exerted on the indigenous peoples of America by the local circumstances in the midst of which they have been placed; or the physical causes of the civilised state of some and the barbarism of others.
CHAP. IV. On the influence exerted on the peoples of the Malay race of the Pacific by the local circumstances in the midst of which they have been placed. – On the physical causes of civilisation and barbarism.
CHAP. V. On the influence exerted on certain peoples of Europe by the local circumstances in the midst of which they have been placed. – On the connectons that exist between these circumstances and the type of advancement they have made.
CHAP. VI. On the development of certain particular faculties among peoples of different races.
CHAP. VII. On the local circumstances under which certain particular faculties are developed among peoples of different races.
CHAP. VIII. On the effects that result from the development of certain particular faculties among the peoples of different races. – Origin of slavery.
CHAP. IX. Comparison between savage man and civilised man. – System of J.-J. Rousseau.
CHAP. X. Comparison among different races of men. – On the superiority of some over others. – On the causes of this suepriority. – On the difficulty of ascertaining the existenc of these causes.
CHAP. XI. On the superiority of peoples of the Caucasian race over peoples of other races. – On the causes to which this superiority has been attributed. – The previous chapter continued.
CHAP. XII. On the propensity toward servitude and other vices attributed to the peoples of the coloured races. – On the superiority in this respect attributed to peoples of the Caucasian race. – The previous chapter continued.
CHAP. XIII. On certain particular causes of the advancement of Europeans in different parts of the world. – On the moral improvement of races whose intellectual faculties are assumed not to be susceptible of much development. – Conclusion.
BOOK V.
On domestic slavery considered in terms of the facts in which it consists and the effects it produces on the physical, intellectual, and moral faculties of different classes of the population, on wealth, on the nature of government, and on the relations of nations with one another. – On certain types of association that approximate slavery.
CHAP. I. On the importance of the subject of this book in the present situation of nations.
CHAP. II. Nature of the different types of domestic slavery.
CHAP. III. On the influence of slavery on the physical constitution and industrial faculties of masters and slaves.
CHAP. IV. On the influence of domestic slavery on the intellectual faculties of masters and slaves.
CHAP. V. On the influence of slavery on the existence of free and industrious persons who have no slaves.
CHAP. VI. On the influence of slavery on the mores of the Romans.
CHAP. VII. On the influence of slavery on the mores of masters and slaves in modern colonies, and particularly in the Dutch colonies.
CHAP. VIII. On the influence of domestic slavery on the mores of masters and slaves in the English colonies.
CHAP. IX. On the influence of domestic slavery on the mores of masters and slaves in the United States of America.
CHAP. X. On the influence of slavery on the mores of masters and slaves in the French colonies.
CHAP. XI. On the influence of slavery on the mores of certain peoples of Spanish origin in southern America.
CHAP. XII. On the influence of slavery on the liberty of individuals belonging to the class of masters, and on the existence of those belonging neither to the class of masters nor to that of slaves.
CHAP. XIII. On the influence of domestic slavery on the production, accumulation, and distribution of wealth.
CHAP. XIV. On the influence of domestic slavery on the growth of different classes of the population.
CHAP. XV. On the influence of domestic slavery on the spirit and nature of government.
CHAP. XVI. On the influence of domestic slavery on the independence of slaveholding peoples.
CHAP. XVII. On the influence exerted by slaveholding peoples on the mores and liberty of peoples among whom slavery is abolished or has never been accepted.
CHAP. XVIII. On the reciprocal influence of slavery on religion and of religion on slavery.
CHAP. XIX. On the influence of slavery on the industry and commerce of nations having commercial relations with peoples among whom slavery is established. – On the colonial system.
CHAP. XX. On the protection accorded to slaves against the violence and cruelty of their masters by the governments of mother countries.
CHAP. XXI. On the abolition of domestic slavery.
CHAP. XXII. On the inequality of rank and power produced by slavery. – On the fusion or mixture of different races.
CHAP. XXIII. On the inequality of fortunes produced by slavery. – On the community of goods and services considered as a means of reestablishing equality among men. – On the societies of this sort established in America, and the effects which they have produced.
PARIS,
A. SAUTELET AND CO., BOOKSELLERS,
PLACE DE LA BOURSE.
H. FOURNIER, PRINTER
RUE DE SEINE, No 14.
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