Montesquieu

Montesquieu’s Philosophy : The Spirit of the laws

Montesquieu’s Philosophy : The Spirit of the laws

Charles de Secondat, Baron de la Brede and Montesquieu, is a French philosopher related to the Enlightenment. Montesquieu published, in particular: - Persian Letters (1721) - Considerations on the causes of the greatness of the Romans and Their Decline (1734) - The spirit of the Laws (1748) – his main political work Montesquieu is a founding father of political philosophy. He was able to describe the spirit of reason which characterizes the law. Montesquieu, Law and Freedom: Montesquieu wants to capture the “spirit of the law” and submit them to a scientific analysis. Montesquieu distinguishes the various positive laws and the universal law of which the first are only special cases: the law (positive) means a rule established to ensure the security and freedom, rule appears as an extended specification, as an expression of human reason . Laws, necessary report and derive from the nature of things: - Laws...

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Montesquieu’s separation of powers

Montesquieu’s separation of powers

Before adressing the question of the separation of powers, it is necessary to get back to the conception of the power. Montesquieu’s Democracy : democratic and ethic excellence Most of the philosophers have thought the democracy according to their personal problems. In Montesquieu, the approach is legal. According to Rousseau, the problem is about social harmony and in Voltaire democracy is seen as a struggle against obscurantism and war. We begin by Montesquieu. it is Needless to remind the major work is the Spirit of the Laws. Montesquieu is a Democrat, no doubt about it. His philosophy of subjectivity is summed up in one sentence: “In the state of nature all men are born in equal, but they can not continue. The Society makes them lose, and they recover it only by the laws“ The nature of man is equal. It is the association of men which injects the inequality between them. The...

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