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Baron de montesquieu impact on government during enlightenment
Pdf: summary of baron de montesquieu's spirit of law
What are the main arguments in montesquieu's the spirit of the laws
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Doubtless, if Montesquieu were forced to choose a favorite mathematical formula, he would pick the average function. For even among the great thinkers of the French Enlightenment, the baron de Montesquieu stands out as an especially impassioned advocate for moderation. Montesquieu, of course, left his greatest mark on the philosophy of the governance through his great work The Spirit of the Laws. Though certainly his earlier work The Persian Letters sowed the seeds of many of the ideas featured in his chef d’œuvre. In particular, Montesquieu spends some time in both works examining the universe of possible governments. But he advocates not, in fact, for republicanism or, perhaps less surprisingly, despotism. Rather, Montesquieu supports the “moderate” position: a government less despotic than despotism, and yet less democratic than democracy or republicanism. He makes the case, in other words, for rule by an enlightened monarch.
Montesquieu himself divides the principal forms of government into three broad groupings in his seminal work The Spirit of the Laws. At one extreme he places the “republican” government, at the other the despotic. The “monarchical” he places somewhere in the center (Spirit of the Laws bk. II, ch. 1). The ordering alone belies Montesquieu’s stance; of course other evidence is more explicit.
To begin, Montesquieu does little to disguise his distaste for despotic governments. Even Usbek, Rhedi and Rica, Montesquieu’s invented Persian aristocrats in The Persian Letters—whose nobility flows from a despotic Asian government—find fault with the despotic system, as if to underline the system’s lack of merit. Usbek says of European states, “A week’s imprisonment, or a small fine, impress the mind of a...
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Government in moderation is Montesquieu’s prescription for political success. He finds obvious and glaring faults with the despotic system, from the cruelty despots show their subjects to the instability of the despotic government as an institution. The republican system, as Montesquieu sees it, is not without its merits. But he seems certain that such a system is doomed to succumb to human caprice. Monarchy, though, strikes a balance in Montesquieu’s eyes. It neither rests upon the resolve of the citizenry, nor allows a prince the kind of unchecked control that subjects a population to the whims of a single man.
Works Cited
Montesquieu, Charles-Louis de Secondat, baron de La Brède. The Persian Letters. Trans. C. J. Betts. London: The Penguin Group, 1973.
—. The Spirit of the Laws. Ed. J.V. Prichard. Trans. Thomas Nugent. London: Bell & Sons, Ltd., 1914.
Hobson, Charles F. The Great Chief Justice, John Marshall And the Rule Of Law. University Press Of Kansas: Wison Garey McWilliams & Lance Banning, 1996.
Next, Montesquieu influenced the US Constitution because he created a new way for the government to function, with the Separation of Powers. The Separation of powers is not located in just one spot, but in all three articles, of the Constitution. This is used to keep the government away from having all of the power in the land. Another way he influenced the Constitution is from the use of checks and balances, which is where each of the three branches of government can limit the powers of the others. This can be found
Montesquieu states “government should be set up so that no man need be afraid of another”. From this doctrine American Political Philosophers derived the separation of powers into the Executive, Judicial, and Legislative branches. Montesquieu’s presentation of the branches of government were adopted into American political documents upon their creation. The idea that there wasn’t one governing body, but three was unheard of. Most occupants of the new “America” came from England a country ruled by a King. Therefore making it a Monarchy where a single family is seen as divine and ordained by God to be the ruler over that country. The power is passed down generation to generation and each firstborn son is then placed in power after his father. So, the idea of having a government that does not just depend on one family, but many different persons to run it was not a common philosophy. But, the writers of the Constitution and the Bill of Rights thought that this would be a new and honorable way to run their fledgling country. So thus, the Democratic Republic of the United States was born. Designating the three branches with their own roles in society guaranteed that no one branch would have more power that the others, but it would just have different powers. The three branches are like a triangle. They balance eachother out and support each
The American Revolutionary system served as a model, exemplifying the potential for great change and consolidation. The United States Constitution also provided a template for the French National Assembly. Montesquieu’s proposal of the separation of powers, as well as democratic conventions with representatives of the French people provided protection for the people against their government, securing “the greatest freedom and security for a state” (Duiker and Spielvogel 463). According to Article XV, people possessed the right to hold government officials accountable for their actions, developing a moral incentive as well as a foundational right for a more democratic society (National Assembly). France’s preparation for their independence showed a strong desire for equality and representation that mirrored that of the United
In seeing interests too varied, a ruler or executive is forced to impose domination onto the people he is supposed to serve (Montesquieu 140). This not only once again corrupts the principles of democracy, but it also weakens the entire collective of states. Such domination incites the people to rise up against those that govern them and to expel them and challenge their ability to govern and lead a free people – much as Shay’s rebellion demonstrates. Montesquieu is wise here to realize that the only way to govern large swaths of land is only through monarchy and despotism – that of which we have only so recently freed ourselves from (142). When large amounts of territory are placed under a single government, the only way it can govern itself is through coercion and force. In a mid-sized territory, failure to do so leads to the rise of an aristocracy that will, much like the aforementioned wealthy man, will see the oppression of their fellow man as the means necessary to advance their own wealth (Montesquieu 141). In a large territory, despotic command becomes necessary to ensure that the laws and powers of the government are followed quickly and immediately so that the territory can be adequately governed (Montesquieu 142). Both of these would lead to violence and the destruction of liberty and
Through his research, Montesquieu notes that each government has three powers: the legislative, the executive
Montesquieu's ideas in the government was to separate the powers into three different branches; executive, legislature and judiciary. This was the best way to avoid war or for one branch to have a higher rank or more power than another branch. He believed in the checks and balances, with each branch with a specific function. The first branch will be for the King or President, the Executive. The parliament or the Congress is for the Legislative branch and the third branch was for the Supreme Court, the Judiciary branch. He also believed in the “checks and balances”, which served purpose of each branch with a specific function, each in power balancing things out. The Specific function in the legislative branch was making law, executive branch was to carry the law out, and in judiciary branch, it interpreted the law. The specific power in the legislative branch was holding the power to purse, and in the executive branch it appoints of the purse. He discovered that the separation of powers will not only balance everything out but to shoar the power within the congress, so that one branch is not more or less powerful than the other branch. He also discovered that the he liked the fact that power was separated between two branches: it was shared between King and Parliament.John Locke believes that establishing a new
(7) H. L., Hart, The Concept of Law, ch. VIII, and D., Lyons, Ethics and the rule of law, Cambridge University Press, 1989, p. 78 ff,
A new democracy was established in America with certain unique characteristics in its structure and establishment. America’s tyranny never came. America’s duration of holding to its original form of government, since the time of the Constitution, evolved from a near insignificant point in human history, to an era power not in a man, but rather in free men, every one in America for over 200 years. The question of every great historian then is this, “How has America’s democracy thrived when all others previous to it has failed?”1 A brilliant young historian from France devoted a major portion of his life to answer this world changing mystery. Alexis de Tocqueville revealed to Europe, which characteristics instilled in American democracy must be modeled in order to construct a proper institution of government in any nation. He did this in his work, Democracy in America.
“I am the state”. While it is debated whether Louis XIV actually said this or not, this quotation accurately illustrates his philosophy. Viewing himself as being placed in the position of king by God, Louis de Dieudonne took an absolutist approach to ruling France. Each decision Louis made shaped France in a different way. It is debated whether this shaping was for the better or for the worse. This is most likely due to the fact that when most people look at his policies, they merely look at the individual accomplishments he achieved. In order to see how Louis XIV truly affected France, however, one must evaluate all of his policies and their consequences as a collective whole. Only then is the truth revealed to the researcher. The polices
36). The Framers knew that they need all the help they could get in order to form the country. Locke’s Second Treatise on Civil Government (1690) distinguish the federative branch from the executive branch but when it comes to foreign affairs both branches are similar because of the use of the prerogative (p.37). Prerogative is a right to a certain individual or group. According to Locke, the executive is only allowed to use the prerogative in case of emergency such as going against the law if it will protect the country or people (p.37). This power indicates that the executive has no limits in times of emergency. Locke believe that the legislative was too slow to decide or could not stop potential devastating situations (p.38). The legislative is a huge branch and that is one of their biggest downfall. Locke’s idea about separating powers resulted in the joining of the executive and the federative (p.38). Locke had a role to play in helping the Framers.
The problem he challenged was to much power in the government. By to much power he meant that one person in charge would cause mass chaos in the government and in everybody everyday life. If one person was to take control of the government then France would of been a dictatorship. Montesquieu ideas on government were very liberal he believed that slavery should be abolished. Also he believe that the country should make laws more humanely. His theory was
Charles-Louis de Secondat, Baron de La Bréde et de Montesquieu’s literary works, such as The Persian Letters and The Spirit of the Laws, answer essential questions about the United States of America’s government and society. These literary works describe Charles-Louis de Secondat, Baron de La Bréde et de Montesquieu’s philosophy about government’s appropriate role within a society. Analyzing the corruption of previous governments around the world, these works offer solutions to balance the power of administrations. This paper demonstrates Charles-Louis de Secondat, Baron de La Bréde et de Montesquieu’s effect on the United States of America’s government and society.
Frank A. Easterbrook, ‘Legal Interpretation and the Power of the Judiciary’ [1984] 7 Harv. J.L. Pub. Pol’y 87 http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/hjlpp7&div=18&id=&page= accessed 14 February 2012. J. A. Holland & Julian Webb, Learning Legal Rules, 6th edn, Oxford 2006, pp. 113-117.
Rousseau, Jean-Jacques, and Donald A. Cress. The "On Democracy" - "The 'Republican'" Basic Political Writings. Indianapolis: Hackett Pub., 1987. 179-80.