Preview

What Was Montesquieu's Aim in Writing the Spirit of the Laws?

Good Essays
Open Document
Open Document
776 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
What Was Montesquieu's Aim in Writing the Spirit of the Laws?
‘I ask a favour that I fear will not be granted; it is that one not judge by a moment 's reading the work of twenty years, that one approve or condemn the book as a whole and not some few sentences. If one wants to seek the design of the author, one can find it only in the design of the work. ' (Montesquieu 1989: preface)

The Spirit of the Laws took Montesquieu twenty years to write and was first published in Geneva in 1748. It was distributed freely, without the hindrance of censorship and deemed and instant success, despite negative feedback from friends to whom the manuscript was shown. After two years and twenty-two impressions made across Europe many critics arose of his work, however this merely added to the fame of the author. Despite his critics, Montesquieu knew he had created a worthy and original work of political theory expressed by the phrase of his last preface ‘an offspring made without a mother '. (Montesquieu 1989: preface) This suggests that Montesquieu intended to create a distinctive political theory which was unlike any of his predecessors. Although he quotes famous predecessors such as Plato and Aristotle, he treats them as sources of information rather than philosophical fundamentals.

The Spirit of the Laws was Montesquieu 's last work and undeniably over the course of twenty years he implemented what Judith Shklar suggests as ‘his entire intellectual capital as a judge, scientist, novelist, historian, and traveller... ' (Shklar 1987: 67) It is his work as a judge which probably proved to be the most significant in relation to The Spirit of the Laws as it is fundamentally about law. Despite the nature of the subject however, the book displays a more positive tone than his previous two books, Shklar suggests that this is the case as ‘Reason and knowledge could, after all, do a great deal to prevent corruption and injustice, and even to control the natural obstacles to human well-being. ' (Shklar 1987: 68). Montesquieu 's The Persian



Bibliography: Montesquieu The Spirit of the Laws (Cambridge 1989) J. Shklar ‘Constraint and Liberty ' in Montesquieu - (Oxford 1987) J Shklar ‘Necessity and Freedom ' in Montesquieu - (Oxford 1987) G. Davy ‘Durkheim, Montesquieu and Rousseau ' in Montesquieu and Rousseau - Emile Durkheim (Michigan U.P 1960) M Cranston Philosophers and Pamphleteers (Oxford 1986)

You May Also Find These Documents Helpful

  • Good Essays

    The law is an intricate system of principles that regulate the activity of citizens and enforce sanctions through imposition. This order was developed through a legal evolution that many individuals fail to recognize due to disinterest in history. In order to comprehend the current state of law, one must refer to the past as it enables individuals to appropriately analyze the future. The Magna Carta and The Quebec Act are key developments that played a vital role in the just formation of law in modern society.…

    • 435 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    What can be surprising in this text are the paradoxical elements. On one hand we have law men, from who we expect a strong interest in facts. But we can see that in the text they are not referring…

    • 593 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In Baron de Montesquieu’s work “The Spirit of the Laws” he states that when common people adopt good maximums they adhere to them more steadily. This is a process of thinking for the Enlightenment movement because it is using reason to see what would be the most effective form of government. This Enlightenment movement became increasingly popular in the mid 18th century because many people felt that reason should be used in creating and running the government. This resulted in people looking to the Bible for guidance, which tied to the Great Awakening movement, and also gave birth to republican ideals.Republican ideals were a product of people using critial thinking in the Englightnement movement to solve pressing problems that society faced.…

    • 121 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    When Jesus Came

    • 344 Words
    • 2 Pages

    One of its strengths was its backing by fact. It was well researched and well-planned. The author has put a great deal of effort into making sure the facts are precise and relevant to the subject matter. While it may have unnecessarily gone off into other areas of detail, at times, it was written in a way to satisfy the reader’s curiosity, which may have wandered to something outside of one of the theses.…

    • 344 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Montesquieu's ideology, especially from his renowned published The Spirits of the Law, greatly influenced the formation of the American Constitution. The philosophies which he brought forward into play evoke societies, especially those that were seeking to form new beginnings as a republic. Montesquieu seeks to look beyond the simple understanding of a law, to examine how a law is influenced by the society it was established for. Separation of powers is a necessity to guarantee liberty within a society, governed by separate bodies of individuals. Thus, it allows balance in the governmental bodies, so that attempts by one branch of government to interfere with liberty are deterred by the other branches.…

    • 492 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Cited: Dumas, Alexandre. The Count of Monte Cristo. Reissue ed. New York: Bantam, 2003. Print.…

    • 791 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Reducing Suarez's position on law and obligation to mere voluntarism fails to do him justice. The content of the natural law is something that is created by nature itself, a position that voluntarists of the time would surely disagree with. I then go to show that, under the blame model, sinful acts are blameworthy and thus obligatory. I will first make the claim that this is more philosophically consistent than making a distinction between obligation and duty (as Irwin does). I will conclude by stating that Suarez's system can still be rendered comprehensible without this distinction.…

    • 501 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Moral Law Vs. Natural Law "At the dramatic center of The Scarlet Letter is the idea of the awesomeness and inescapability of the Moral Law, to which all else is finally submitted,"� (Levy 384).…

    • 1849 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Forethought: In the forethought the writer provides us with a careful insight in the structure of his book, and every essay therein. The forethought is very important part of this book, as it gives…

    • 1216 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Secret Scripture

    • 3021 Words
    • 13 Pages

    A good discussion tends to start with our “heads” and end with our “hearts.” Therefore, you may want to save subjective opinions of taste until after you have discussed the more objective elements of this work. It is tempting to begin with, “What did everyone think?” But if a number of people really didn’t like the novel, their opinions may derail a discussion of the novel’s…

    • 3021 Words
    • 13 Pages
    Good Essays
  • Best Essays

    [ 11 ]. Bennett, A. and Royle, N. An Introduction to Literature, Criticism and Theory (4th Ed.) (Harlow: Pearson, 2009) p.39.…

    • 1386 Words
    • 6 Pages
    Best Essays
  • Good Essays

    Cited: Moliere, Jean-Baptise Poquelin. 'Tartuffe. ' The Norton Anthology of World Masterpieces. Ed. Maynard Mack. New York: W.W. Norton " Company, 1995. 307 -356.…

    • 1466 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Although Aristotle did not use the term ‘natural law’ many medieval philosophers considered him as one of the first exponents of the fundamentals of natural law. Stoic philosophy was the first to introduce the term ‘natural law’ with the Stoics emphasising nature and the moral requirement to accept and conform to what is given in nature. This Greek philosophy spanned several centuries and greatly influenced the Roman philosopher Cicero. Cicero (d. 43BC) was a strong advocate of natural law and spoke of natural law as the innate power of reason to direct action. Catholic natural law theory was formulated by St. Thomas Aquinas over seven centuries ago. He identified one fundamental norm of natural law: do good and avoid evil. Doing good in this context is following reason’s lead to actualise human…

    • 2320 Words
    • 10 Pages
    Better Essays
  • Better Essays

    To define law is no simple task for any one person. To fully understand law and be able to define it, one must understand the foundational theories of law first before being able to accurately do so. Theories such as natural law, positive law, classical formalism, and legal realism all apply to the definition of law and “The Case Of The Speluncean Explorers” serves as a great study when analyzing each theory and its origin.…

    • 1008 Words
    • 3 Pages
    Better Essays
  • Powerful Essays

    Dicey propounded 3 principles of Rule of law in his writings, ‘Law of the Constitution’. However Dicey’s ideas are no longer in use as modern democratic society has emerged. It is only a fashion now to insert Dicey’s to retain the basic values of Rule of Law but it must be interpreted according to our modern needs of society. Dicey’s ideas on ROL includes that; - 1) Absolute supremacy of regular law. 2) Equality before the law 3) The Rule of Law includes the results of judicial decisions determining the rights of private persons.…

    • 2201 Words
    • 9 Pages
    Powerful Essays