As the domestic court presupposed morality, public accusation did also ; and for that reason these two things disappeared along with it, and ended with the republic.
The institution of the perpetual questions, in other words, the division of jurisdiction among the prætors, and the more and (…)
The Romans’ institutions placed women in perpetual tutelage unless they were under a husband’s authority. This tutelage was assigned to the closest relative through the males, and it appears from a popular expression that they were closely watched. That was good for the republic, and was not (…)
The Julian Law established a penalty on adultery. But far from this law, and others made on that subject since, being a sign of their sound morals, they were on the contrary a sign of their depravity.
The whole political system with respect to women changed in the monarchy. The pretension was (…)
We have spoken of public dissoluteness because it is tied to luxury, which always follows it, and which it always follows. If you leave the movements of the heart unbridled, how can you rein in failings of the mind ?
In Rome, in addition to the general institutions, the censors had the (…)
Dowries should be considerable in monarchies so that husbands may maintain their rank and customary luxury. They should be modest in republics, where luxury must not prevail ; they should be next to nothing in despotic states, where women are more or less slaves.
The communal estate between (…)
The Samnites had a custom which, in a small republic, and especially given the situation of theirs, was to produce admirable effects. All the youths were assembled, and they were judged. The one declared best of all took to wife whichever girl he wanted ; the one with the next most votes again (…)
It is unreasonable and unnatural for women to be heads of the house, as had been established among the Egyptians, but not for them to govern an empire. In the first case, their state of weakness does not allow them preeminence ; in the second, their very weakness ordinarily endows them with more (…)
Montesquieu
Unité Mixte de Recherche 5317, CNRS