The Spirit of Laws PDF Download

Author: Charles de Secondat baron de Montesquieu
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 492

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Author: Domenico Felice
Publisher: Mimesis
ISBN: 8869771903
Category : Political Science
Languages : en
Pages : 141

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What can Montesquieu still teach us today? Montesquieu was the first political writer who first formulated the principles of separation of powers and the independence of justice. He was the first to scientifically study human institutions, both ancient and modern, Asiatic and European, African and American. Again, he was the first thinker to theorize Federal Democracy, systematically tracking down the root causes of human events in its environmental, cultural, historical, and geographical aspects. Analysing several aspects of Montesquieu’s philosophical and political thought, this volume highlights his stoicism, realism, anti-despotism as well as his staunch defence of human dignity. Introducing one of the sharpest thinkers of modernity, this book offers fundamental tools to understand the very ground of our contemporary times.

Author: Vickie B. Sullivan
Publisher: University of Chicago Press
ISBN: 022648291X
Category : History
Languages : en
Pages : 301

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Montesquieu is famous as a tireless critic of despotism, which he associates overtly with Asia and the Middle East and not with the apparently more moderate Western models of governance found throughout Europe. However, Vickie B. Sullivan argues that a creaful reading of Montesquieu's enormously influential The Spirit of the Law reveals the surprising result that he recognizes that Europe itself is susceptible to despotic practices - and that the threat emanates not from the East but rather from certain despotic ideas that inform Western institutions and practices. Sullivan guides readers through Montesquieu's sometimes veiled yet sharply critical accounts of Machiavelli, Hobbes, Aristotle, and Plato, as well as various Christian thinkers have brough forth despotic ideas in the form, for example, of brutal Machiavellianism, of Hobbes's justifications for the rule of one, of Plato's reasoning that denied slaves the right of natural defense, and of the Christian teachings that equated heresy with treason. Such ideas, Montesquieu shows, inform such revered European institutions as the French monarchy and the Roman Catholic Church. In this new reading of Montesquieu's masterwork, Sullivan corrects the misconception that it offers simple, objective observations, showing it to be instead a powerful critique of European politics that would become remarkably and regrettably prescient after Montesquieu's death, when despotism repeatedly emerged in Europe with virulent intensity. -- from dust jacket.

Author: Mark H. Waddicor
Publisher: Springer Science & Business Media
ISBN: 9401032386
Category : Philosophy
Languages : en
Pages : 226

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In the last hundred years, the philosophy of natural law has suffered a fate that could hardly have been envisaged by the seventeenth and eighteenth century exponents of its universality and eternity: it has become old-fashioned. The positivists and the Marxists were happy to throw eternal moral ity out of the window, confident that some magic temporal harmony would eventually follow Progress in by the front door. Their hopes may not have been fully realized, but they did succeed in discrediting natural law. What is often not appreciated is the extent to which we have adopted the tenets of the philosophy they despised, borh in the field of politics, and in the field of personal and social ethics, which Barbeyrac called "la science des mreurs" and which the positivists re christened "social science". Consequently, though we live in a world whose freedom, such as it is, is largely a result of the popularization of the philosophy of natural law, and whose conscious and unconscious standards, such as they are, are a result of that philosophy as it became combined with Christianity, the doctrine of natural law is itself for gotten. In view of the oblivion into which it has fallen, natural law is a concept which means little to the average reader. All too often, Montesquieu scholars have traded on this oblivion in order to give an exaggerated picture of his originality.

Author: Oliver Wendell Holmes (Jr.)
Publisher:
ISBN:
Category : Authors, French
Languages : en
Pages : 20

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Author: Oliver Wendell Holmes
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Author: Montesquieu
Publisher: Hackett Publishing
ISBN: 9780872200906
Category : Political Science
Languages : en
Pages : 314

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Rev. ed. of: The political theory of Montesquieu. 1977.

Author: Charles de Secondat baron de Montesquieu
Publisher: University Press of America
ISBN: 9780761840787
Category : Literary Collections
Languages : en
Pages : 142

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The Personal and the Political presents three fables written by social commentator and political thinker Charles-Louis de Secondat, Baron de La Brede et de Montesquieu: The Temple of Cnidus (on eros and justice), Lysimachus (on philosophy and imperial ambition), and Dialogue de Sylla et d'Eucrate (on the limits of political ambition). This work is author W.B. Allen's response to attempts that collapse Montesquieu's analysis of modern political philosophy into a general discussion of virtue and morality by raising anew the issues of true and false happiness and pleasures. Allen maintains that Montesquieu's fables demonstrate the continuing relevance of the issue of philosophical morality, and offer a reconciliation of the tension between philosophical morality and political morality. The Personal and the Political provides a translation of each fable (with parallel French text), a brief introduction and commentaries to develop the context in which each is written and the situations that they address. Each fable is suited to introduce Montesquieu's conceptions of ancient virtues and vices, and what they contribute to modern sensibilities.

Author: Emile Durkheim
Publisher:
ISBN: 9780472751174
Category :
Languages : en
Pages : 0

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Montesquieu & Rousseau provides, for the first time in English, two essays by Emile Durkheim on his chief eighteenth-century predecessors in the main stream of Western thought. Durkheim recognized that Montesquieu had laid down the principles of sociology long before that young science had a name and that Rousseau, too, spoke as a sociologist in The Social Contract. With his characteristic blend of reason and fervor, he enlarged upon these forerunners to create the fundamental ideas of modern sociology. The essays are valuable for what they tell us of Montesquieu and Rousseau. They are doubly important to readers who are directly concerned with political philosophy and social science. And, as Henri Peyre points out in the Foreword, they are an example of how the best minds of any age can serve each other.

Author: Anne M. Cohler
Publisher: University Press of Kansas
ISBN: 0700631445
Category : Political Science
Languages : en
Pages : 227

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“American republicans,” notes Forrest McDonald, “regarded selected doctrines of Montesquieu’s as being virtually on par with Holy Writ.” But exactly how the French jurist’s labyrinthian work, The Spirit of the Laws, with was published in 1748, influenced the eighteenth-century conception of the republic is not well understood by historians or theorists. Anne M. Cohler undertakes to show the importance of Montequieu’s teaching for modern legislation and for modern political prudence generally, with specific reference to his impact on the Federalist and Tocqueville. In so doing, she delineates Montequieu’s contribution to political philosophy and suggests new ways to think about the formation of the American Constitution. To analyze the comparative politics found in the Spirit of the Laws, Cohler focuses on four fundamental principles underlying Montesquieu’s view of government: spirit, moderation, liberty, and legislation. In this endeavor she is guided by the conviction that the philosopher hews to the spirit of the laws rather than to the laws themselves—that is, to internal rather than external principles. Montesquieu, in Cohler’s argument, addresses the problem posed by the tendency to see human beings in light o universal abstractions at the expense of particular relationships, distinctions, and forms. To counter this tendency, which can be fostered by religion, Montesquieu develops a theory of prudence designed to support the world of politics an dpolitical life, necessarily an intermediate world occupying a space between universal abstractions and individual particularities. Cohler suggest that the Federalists and Tocqueville were most influenced by this preoccupation with spirit and moderation. James Madison and other Federalists, for example, were not drawn to limited government as a principled notion but rather as a consequence of understanding the context within which a moderate government must act not to become despotic. Similarly, Tocqueville extols democracy as self-government as an antidote to the dangers of democracy as a rule; the character of the governed shapes the nature of the governors. These and other conclusions will prove valuable to intellectual historians, political theorists, and students of religion.