Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...) punishments -- Consquences of the different principles of the three governments, with respect to sumptuary laws, luxury, and the condition of women -- Of the corruption of the principles of the three governments -- Of the laws in the relation they bear to defensive force -- Of laws, in the relation they bear to offensive force. (shrink)

Montesquieu's The Spirit of Laws is an enduring classic of social and political theory deserving a fresh reading every generation. The modern reader, however, is likely to find a work that ran to over a thousand pages in its two-volume first edition a bit overwhelming. Presented here, therefore, is the first English-language compendium of The Spirit of Laws, together with the first English translation of the posthumously published treatise containing the physiological theory underlying Montesquieu's theory of climate.

Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...) punishments -- Consquences of the different principles of the three governments, with respect to sumptuary laws, luxury, and the condition of women -- Of the corruption of the principles of the three governments -- Of the laws in the relation they bear to defensive force -- Of laws, in the relation they bear to offensive force. (shrink)

Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...) punishments -- Consquences of the different principles of the three governments, with respect to sumptuary laws, luxury, and the condition of women -- Of the corruption of the principles of the three governments -- Of the laws in the relation they bear to defensive force -- Of laws, in the relation they bear to offensive force. (shrink)

Montesquieu's The Spirit of Laws is an enduring classic of social and political theory deserving a fresh reading every generation. The modern reader, however, is likely to find a work that ran to over a thousand pages in its two-volume first edition a bit overwhelming. Presented here, therefore, is the first English-language compendium of The Spirit of Laws, together with the first English translation of the posthumously published treatise containing the physiological theory underlying Montesquieu's theory of climate.

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. (shrink)

Montesquieu's early life & career -- Montesquieu's major works & last years -- Examining the text : The spirit of laws -- Montesquieu's influence on the Founding Fathers.

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 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. (...) Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. (shrink)

The process of decision making is predictable and irrational according to Daniel Ariely and other economic behaviorists, historians, and philosophers such as Daniel Kahneman or Yuval Noah Harari. Decisions made anteriorly can be, but don’t have to be, present in the actions of a person. Stories and shared belief in myths, especially those that arise from a system of human norms and values and are based on a belief in a “supernatural” order (religion) are important. Because of this, mass cooperation (...) amongst strangers is possible. (shrink)

The Fairness Doctrine violated a Constitutional provision for a free press and it failed to guarantee public access to publicly owned broadcast airwaves, as was its intent. The regulation was eliminated in 1987, restoring 1 important free press element to America's broadcast newsrooms. However, public access since deregulation has further deteriorated, while other standards of ethical journalism appear to have been abandoned for higher profits. These factors have renewed the call for re-regulation. This article presents an alternative model in the (...) spirit of the Fairness Doctrine, ethical broadcast journalism, capitalism, and the preservation of the First Amendment. (shrink)

It is my contention that the law has its origins and derives its authority from moral precepts; and this morality is not dead, but is a live spirituality and ultimately depends on connection with the divine. In the spirit of the law, what is mercy and the admonition to love one's fellow humans as oneself and its application in the new millennium? If this view is accepted it has profound implications for the way law is practised. The implications for (...) the role of customary law in the legal decision-making process and the recognition of indigenous rights generally are affected. (shrink)

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. (shrink)

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

EDITOR’S ABSTRACTThis article argues that Shang Yang’s philosophy of law was not only a means to enrich the state and strengthen its army, but also envisioned the orderly rule of all All-under-Heaven. Through a fair, universal, and reliable use of rewards, punishments, and also teaching, this vision of laws could ultimately lead to the promotion of moral values, popular consensus, and people’s self-governance. While the authors admit that in Shang Yang’s own historical context, law was no more than a tool (...) used by the ruler to suppress his people, potentially his ideas could contribute to a future Chinese society fully ruled by law and morality, and inspired by the rule of law. (shrink)

The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and (...) the superiority of civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

Cet article cherche à déterminer les usages de l’expression « corps politique » dans L’Esprit des lois, pour préciser le regard que Montesquieu porte sur la réalité politique, et comment il entend poser son questionnement par rapport à la tradition contractualiste et jusnaturaliste. Dans les rapports qui existent entre les différents « corps politiques », se joue l’unité du « corps politique ».La monarchie modérée ne saurait exister sans une bonne composition des puissances.

BOOK I. OF LAWS IN GENERAL. Positive laws oughtto be consequenft of the laws of nature: this is the spirit of laws. MONTESQ_UIEU'S SPIRIT OF LAWS. ...

Kant's Master Work Published in 1797, The Philosophy of Law [Rechtslehre] stands as one of the most significant late works by the great Prussian philosopher. Though he lived in an atmosphere of political and social repression, it is evident that Kant was sensitive to the revolutionary spirit that was spreading throughout Europe in the wake of Napoleon's armies. Claiming that man is born with reason and an innate desire for freedom, he argued that the union of these natural gifts (...) could bring about a new sense of order and harmony in future generations. This edition also reprints Kant's later Supplementary Explanations (1797), which was added to the second edition (1798). Immanuel Kant [1724-1804] was the foremost thinker of the late Enlightenment and one of the greatest figures in the history of Western philosophy. Concerned principally with epistemology, ethics and aesthetics, his work synthesized trends initiated by Rationalism and Empiricism; it has been a significant influence in the subsequent development of philosophy, religion and law. (shrink)

In this essay, I take on the problem of how to explain the socio-historical dimension of practical reason in Hegel. In contrast to many contemporary socio-historical readings of Hegel, I claim that a logical concept of spirit frames Hegel’s account of the historical process through which human beings have come to know their practical agency as actualized in institutional relations of mutual recognition. On my reading, Hegel conceptualizes each shape in the ‘Spirit’ chapter of his Phenomenology of (...) class='Hi'>Spirit as syllogistically working out, practically and institutionally, how to mediate the demands of individual self-determination with the universal laws and customs of the community. At the same time, logical form doesn’t determine historical development, because the content of individuality, universality, and their mediation is earned only through historical experience. (shrink)

Pangle brings to light Montesquieu's rethinking of the philosophical groundwork of liberalism, showing how The Spirit of the Laws enlarges and enriches the liberal conception of natural right by means of a new appeal to History as the ...

ABSTRACTFeminists have long criticized Rousseau for his patriarchal political theory. But when his lesser-known writings on women from the 1740s are taken into account, including a nearly 900-page manuscript critiquing Montesquieu from a feminist perspective, we see how the early Rousseau robustly converged in feminist ideas with his employer Madame Louise Dupin, before he gradually diverged from this egalitarian school of thought over the course of the 1750s. I add to the evidence of the early Rousseau’s egalitarian response to ‘the (...) woman question’ by showing his philosophical convergence with the feminist arguments of the anonymous ‘Critique of the Spirit of the Laws’ as well as Madame Dupin’s ‘Ouvrage sur les femmes’ – manuscripts largely in his secretarial hand. Through this triangulation of understudied texts, we find that the early Rousseau was not a patriarchal apologist, but rather a feminist secretary and a secretary to a feminist. (shrink)

THE SECOND BOOK OF PLATO’S REPUBLIC begins with a spirited outburst. Glaucon, not satisfied with Socrates’ arguments proving the goodness of justice in book 1, demands a new proof. At once deeply tempted and deeply repelled by the life of injustice, he wishes to be purged of his longing for tyranny and, accordingly, wants Socrates to show that justice itself, by itself, is good, that is, that justice is not simply a necessary evil, something good by law or nomos but (...) not by nature. To explain what he means, Glaucon tells a story. Perhaps it is worth quoting in full. (shrink)

The purpose of this paper is to shed light on different aspects of the hermeneutical problem in post-Kantian philosophical 'constellation'. In this domain, the problem of the relationship between the text and its commentary is theorized in terms of the antithesis between 'Spirit' and 'Letter', which clearly has religious roots. Therefore, the first part of the paper examines the historical origins of this antithesis, as well as its application in philosophical discussions which developed by the end of the 18th (...) century about the problem of finding the 'true' interpretation to Kant's philosophy. The second part of the text, which is to be published in the next issue of this review, brings the duality of spiritual and literal interpretation into closer connection with the topics of Kant's moral philosophy. Namera ovog rada je da osvetli razlicite aspekte hermeneutickog problema u poslekantovskoj filozofskoj 'konstelaciji'. U ovom podrucju, problem odnosa izmedju teksta i komentara postavlja se u terminima antiteze izmedju 'duha' i 'slova', koja ima prepoznatljive religijske korene. Zato prvi deo rada istrazuje istorijsko poreklo ove antiteze, kao i njenu primenu u filozofskim diskusijama koje su se krajem 18. veka razvile povodom problema pronalazenja 'pravog' tumacenja Kantove filozofije. U drugom delu rada, koji ce biti objavljen u sledecem broju casopisa, dvojnost duhovnog i doslovnog tumacenja dovodi se u uzu vezu sa tematikom Kantove teorije morala. (shrink)

Lucas, Brian Review of: The breath of the spirit in the church: The sensus fidelium and canon law, by Anthony Ekpo, Strathfield, NSW: St Pauls, 2014, pp. 260, paperback, $24.95.

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law forbids and is (...) otherwise left ’free’ without interference and coercion. For Montesquieu, liberty is a positively elaborated ideal with normative demands and a set of “necessary relations” that citizens must form. The result is that a life of liberty is defined in a significant way by the laws that bind a citizen because liberty is not the freedom to construct different ways of life, but the freedom to live securely within a particular way of life. I highlight this overlooked feature of The Spirit of the Laws by mobilizing Aron, Althusser and Durkheim’s work on the law in Montesquieu to draw out the implications of Montesquieu’s notion of law for liberty. (shrink)

The most famous chapter of Montesquieu’s _ The Spirit of the Laws _ (1748), Book XI, Chapter 6, 'On the constitution of England,' was an important i nspiration to the creators of modern constitutions, to which they often referred. However, as a result of scholarly focus on the political institutions discussed in this book, Montesquieu’s economic analysis has been woefully neglected. In order to correct this scholarly imbalance, this paper will elucidate the essential significance of Montesquieu’s comparison between the (...) constitution of modern England and that of ancient Rome in Book XI of _ The Spirit of the Laws _ ; inextricable relationship between military and political institutions on the one hand, and the transfer and distribution of wealth on the other. To argue this point, this paper will focus on Montesquieu’s other writings in the same year and shortly after the publication of _ The Spirit of the Laws _ : the revised edition in 1748 of _ The Considerations on the Causes of the Greatness of t... _. (shrink)

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. (shrink)