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The Spirit of the Laws: Political Study by Charles de Secondat,Baron de Montesquieu Pdf
The Spirit of the Laws is a treatise on political theory, as well as a pioneering work in comparative law, published in 1748 by Montesquieu. Originally published anonymously, partly because Montesquieu's works were subject to censorship, its influence outside France was aided by its rapid translation into other languages. In 1751 the Roman Catholic Church added De l'esprit des lois to its Index Librorum Prohibitorum. 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.
Author : Charles de Secondat baron de Montesquieu Publisher : Unknown Page : 418 pages File Size : 53,8 Mb Release : 1777 Category : French literature ISBN : NYPL:33433067312748
The Spirit of Laws by Charles de Secondat baron de Montesquieu Pdf
One of the landmark works of the eighteenth century, De L'Esprit des Lois had an immeasurable influence on jurisprudence and political thought, especially in America. It contained provocative and wide-ranging ideas on the sociology of law, the separation of political powers and the need for checks on a powerful executive office. First published in Geneva in 1748, it remains one of the most significant studies of political and legal theory ever written.
The Spirit of the Laws by Charles de Secondat,Baron de Montesquieu Pdf
The Spirit of the Laws is a treatise on political theory, as well as a pioneering work in comparative law, published in 1748 by Montesquieu. Originally published anonymously, partly because Montesquieu's works were subject to censorship, its influence outside France was aided by its rapid translation into other languages. In 1751 the Roman Catholic Church added De l'esprit des lois to its Index Librorum Prohibitorum. 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.
Author : Anne M. Cohler Publisher : University Press of Kansas Page : 227 pages File Size : 51,7 Mb Release : 2021-10-08 Category : Political Science ISBN : 9780700631445
Montesquieu's Comparative Politics and the Spirit of American Constitutionalism by Anne M. Cohler Pdf
“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.
Montesquieu's Science of Politics by Charles de Secondat baron de Montesquieu Pdf
In what constitutes the only English-language collection of essays ever dedicated to the analysis of Montesquieu's contributions to political science, the contributors review some of the most vexing controversies that have arisen in the interpretation of Montesquieu's thought. By paying careful attention to the historical, political, and philosophical contexts of Montesquieu's ideas, the contributors provide fresh readings of The Spirit of Laws, clarify the goals and ambitions of its author, and point out the pertinence of his thinking to the problems of our world today.
Anne M. Cohler, Basia Carolyn Miller and Harold Samuel Stone
Author : Anne M. Cohler, Basia Carolyn Miller and Harold Samuel Stone Publisher : Cambridge University Press Page : 550 pages File Size : 52,8 Mb Release : 2024-06-26 Category : Electronic ISBN : 9781107384828
A Defence of the Spirit of Laws by Charles Louis de Secondat Baron de Montesquieu Pdf
Charles-Louis de Secondat, Baron de La Brede et de Montesquieu generally referred to as simply Montesquieu, was a French lawyer, man of letters, and political philosopher who lived during the Age of Enlightenment. He is famous for his articulation of the theory of separation of powers, which is implemented in many constitutions throughout the world. He did more than any other author to secure the place of the word despotism in the political lexicon. Montesquieu is credited as being among the progenitors, which include Herodotus and Tacitus, of anthropology, as being among the first to extend comparative methods of classification to the political forms in human societies. Indeed, the French political anthropologist Georges Balandier considered Montesquieu to be "the initiator of a scientific enterprise that for a time performed the role of cultural and social anthropology." According to social anthropologist D. F. Pocock, Montesquieu's The Spirit of the Laws was "the first consistent attempt to survey the varieties of human society, to classify and compare them and, within society, to study the inter-functioning of institutions." Montesquieu's political anthropology gave rise to his theories on government. When Catherine the Great wrote her Nakaz (Instruction) for the Legislative Assembly she had created to clarify the existing Russian law code, she avowed borrowing heavily from Montesquieu's Spirit of the Laws, although she discarded or altered portions that did not support Russia's absolutist bureaucratic monarchy."
Montesquieu: The Spirit of the Laws by Charles de Secondat baron de Montesquieu Pdf
The Spirit of the Laws is, without question, one of the central texts in the history of eighteenth-century thought, yet there has been no complete, scholarly English-language edition since that of Thomas Nugent, published in 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was, for example, such an influence upon those who framed the American constitution. Fully annotated, this edition focuses attention upon Montesquieu's use of sources and his text as a whole, rather than upon those opening passages towards which critical energies have traditionally been devoted, and a select bibliography and chronology are provided for those coming to Montesquieu's work for the first time.
Montesquieu: The Spirit of the Laws by Charles de Montesquieu Pdf
The Spirit of the Laws is, without question, one of the central texts in the history of eighteenth-century thought, yet there has been no complete, scholarly English-language edition since that of Thomas Nugent, published in 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was, for example, such an influence upon those who framed the American constitution. Fully annotated, this edition focuses attention upon Montesquieu's use of sources and his text as a whole, rather than upon those opening passages towards which critical energies have traditionally been devoted, and a select bibliography and chronology are provided for those coming to Montesquieu's work for the first time.
The Spirit of Laws: The Classic Book of Political and Legal Theory, Discussing Principles of Liberty and Divisions of Governmental Power by Charles Baron de Montesquieu Pdf
Baron Montesquieu's groundbreaking political treatise is published here complete with every part's original notes. Composed over the course of twenty-one years, The Spirit of Laws is a writing of enormous depth, scope and significance. The text itself is comprised of thirty-one distinct books, each of which discusses a specific legal topic in detail. Scrutiny is directed toward law in day to day life, criminality, the law's relation to women, political liberties, and slavery and servitude to name but a few examples. The individual laws in relation to different arms of government, their implementation, and how they should ideally work in practise are detailed. Different types of governance, and the relation of law to wars of aggression and defence between foreign powers, are also discussed.
The Spirit of Laws by Charles Louis de Secondat Baron de Montesquieu Pdf
The Spirit of the Laws is a treatise on political theory first published anonymously by Charles de Secondat, Baron de Montesquieu in 1748 with the help of Claudine Guerin de Tencin. Originally published anonymously partly because Montesquieu's works were subject to censorship, its influence outside of France was aided by its rapid translation into other languages. In 1750 Thomas Nugent published the first English translation. In 1751 the Catholic Church added De l'esprit des lois to its Index Librorum Prohibitorum ("List of Prohibited Books"). Yet Montesquieu's political 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 importance when he writes in his 1827 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 (The Spirit of the Laws), covering many things like the law, social life, and the study of anthropology and providing more than 3,000 commendations. In this political treatise Montesquieu pleaded in favor of a constitutional system of government and the separation of powers, the ending of slavery, the preservation of civil liberties and the law, and the idea that political institutions ought to reflect the social and geographical aspects of each community."