A report on The Spirit of Law
Treatise on political theory, as well as a pioneering work in comparative law, published in 1748 by Charles de Secondat, Baron de Montesquieu.
- The Spirit of Law6 related topics with Alpha
Montesquieu
3 linksFrench judge, man of letters, historian, and political philosopher.
French judge, man of letters, historian, and political philosopher.
His anonymously published The Spirit of Law (1748), which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the U.S. Constitution.
Constitution of the United States
3 linksSupreme law of the United States of America.
Supreme law of the United States of America.
In his The Spirit of Law, Montesquieu argues that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial.
Separation of powers
3 linksSeparation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches.
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches.
In The Spirit of the Laws (1748), Montesquieu described the various forms of distribution of political power among a legislature, an executive, and a judiciary.
Constitution
3 linksAggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
Aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
It is notable in that it established a democratic standard for the separation of powers in government between the legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws.
Comparative law
0 linksStudy of differences and similarities between the law of different countries.
Study of differences and similarities between the law of different countries.
His comparative approach is obvious in the following excerpt from Chapter III of Book I of his masterpiece, De l'esprit des lois (1748; first translated by Thomas Nugent, 1750): "[T]he political and civil laws of each nation ... should be adapted in such a manner to the people for whom they are framed that it should be a great chance if those of one nation suit another.
Abolitionism
0 linksMovement to end slavery.
Movement to end slavery.
During the Age of Enlightenment, many philosophers wrote pamphlets against slavery and its moral and economical justifications, including Montesquieu in The Spirit of the Laws (1748) and Denis Diderot in the Encyclopédie.