In his book, The Spirit of the Laws (actually De l'esprit des loix), Montesquieu defines his concept of the "spirit of the law" as the underlying social and cultural traits that drive a nation toward one sort of law versus another. He believed that different cultures have tendencies toward republic, monarchy or depotism in varying degrees, referring to the "spirit of republic", the "spirit of monarchy", and the "spirit of despotism" in various cases. He considered Europe to be uniquely motivated toward liberty, especially his home of France in particular. He attributed much of this variation to features of the natural climate, attributing virtues of action to cold places and virtues of contemplation to hot places. While climate surely does influence the development of a culture, today Montesquieu's particular theories seem rather strange. Montesquieu also sometimes used the term "spirit of the law" in a narrower (and more modern) sense of the intent of the law, as opposed to the "letter of the law" in all its technical details. The spirit of the law is in effect what it should have said, as opposed to what it actually did say.
https://oll.libertyfund.org/titles/montesquieu-complete-works-vol-1-the-spirit-of-laws
Sunday, August 9, 2015
What is the spirit of the law according to Montesquieu?
Subscribe to:
Post Comments (Atom)
Why is the fact that the Americans are helping the Russians important?
In the late author Tom Clancy’s first novel, The Hunt for Red October, the assistance rendered to the Russians by the United States is impor...
-
Lionel Wallace is the subject of most of "The Door in the Wall" by H.G. Wells. The narrator, Redmond, tells about Wallace's li...
-
There are a plethora of rules that Jonas and the other citizens must follow. Again, page numbers will vary given the edition of the book tha...
-
In the late author Tom Clancy’s first novel, The Hunt for Red October, the assistance rendered to the Russians by the United States is impor...
-
The poem contrasts the nighttime, imaginative world of a child with his daytime, prosaic world. In the first stanza, the child, on going to ...
-
Robinson Crusoe, written by Daniel Defoe, is a novel. A novel is a genre defined as a long imaginative work of literature written in prose. ...
-
In Celie's tenth letter to God, she describes seeing her daughter in a store with a woman. She had not seen her daughter since the night...
-
Let's start with terms: "expected value" means the average amount that you would win or lose over a large number of plays. The...
No comments:
Post a Comment