What is the spirit of laws about

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what is the spirit of laws about

The Spirit of the Laws Quotes by Montesquieu

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The Spirit of the Laws is a treatise on political theory, as well as a pioneering work in comparative law, published in by Charles de Secondat, Baron de.

The Spirit of Laws

The Spirit of the Laws French: De l'esprit des lois , originally spelled De l'esprit des loix ; also sometimes translated The Spirit of Laws [1] is a treatise on political theory , as well as a pioneering work in comparative law , published in by Charles de Secondat, Baron de Montesquieu. In Thomas Nugent published the first English translation. Yet Montesquieu's treatise had an enormous influence on the work of many others, most notably: Catherine the Great , who produced Nakaz Instruction ; the Founding Fathers of the United States Constitution ; and Alexis de Tocqueville , who applied Montesquieu's methods to a study of American society, in Democracy in America. Macaulay offers us a hint of Montesquieu's continuing importance when he writes in his essay entitled "Machiavelli" that "Montesquieu enjoys, perhaps, a wider celebrity than any political writer of modern Europe. Montesquieu spent around twenty one years researching and writing De l'esprit des lois , covering a huge range of topics including law, social life and the study of anthropology, and providing more than 3, commendations. He pleaded for a constitutional system of government with separation of powers , the preservation of legality and civil liberties, and the end of slavery.

Montesquieu published, in particular:. Montesquieu is a founding father of political philosophy. He was able to describe the spirit of reason which characterizes the law. Montesquieu distinguishes the various positive laws and the universal law of which the first are only special cases: the law positive means a rule established to ensure the security and freedom, rule appears as an extended specification, as an expression of human reason. Therein, Montesquieu announces the thoughts of Rousseau and Hegel: Montesquieu defines freedom, politically, as obedience to the laws. In The Social Contract, Rousseau does not speak otherwise. The merit of Montesquieu is, therefore, to define freedom in his living relationship with the law, but also the state, understood as a society where there are laws.

Source : Translated by Thomas Nugent, revised by J. Based on edition published in by G. Laws, in their most general signification, are the necessary relations arising from the nature of things. In this sense all beings have their laws: the Deity 1 His laws, the material world its laws, the intelligences superior to man their laws, the beasts their laws, man his laws. They who assert that a blind fatality produced the various effects we behold in this world talk very absurdly; for can anything be more unreasonable than to pretend that a blind fatality could be productive of intelligent beings? There is, then, a prime reason; and laws are the relations subsisting between it and different beings, and the relations of these to one another.

Book I. Of Laws in General

Based on his research he developed a number of political theories presented in The Spirit of the Laws This treatise presented numerous theories - among the most important was respect for the role of history and climate in shaping a nation's political structure. It was for his views on the English Constitution, which he saw in an overly idealized way, that he is perhaps most renowned. In every government there are three sorts of power; the legislative; the executive, in respect to things dependent on the law of nations; and the executive, in regard to things that depend on the civil law. By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted.

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