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The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix [1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2]
Frontispiece and title page of 1748 edition. Initially, Montesquieu only intended on writing a few pages on the topic. [1] However, the size of his topic overwhelmed him, so he chose to expand the scope of his writing from the beginnings of the Roman Republic to the decay of the late Roman Empire. [1]
Château de la Brède, Montesquieu's birthplace. Montesquieu was born at the Château de la Brède in southwest France, 25 kilometres (16 mi) south of Bordeaux. [4] His father, Jacques de Secondat (1654–1713), was a soldier with a long noble ancestry, including descent from Richard de la Pole, Yorkist claimant to the English crown.
Short title: Montesquieu / Charles-Louis de Secondat / 1689-1755 / baron de La Brède et de / 0070. De l'Esprit des loix ou du Rapport que les loix doivent avoir avec la constitution de chaque gouvernement, les moeurs, le climat, la religion, le commerce, à quoi l'auteur a ajouté des recherches nouvelles sur les loix romaines touchant les successions, sur les loix françoises,&sur les ...
However, Madison explained his use of separation of powers using a number of references to the philosopher Montesquieu, whom Madison claimed was to the British Constitution as Homer is to epic poetry. Montesquieu spent twenty years writing his best literary work, and one of the most detailed works in the history of law, The Spirit of Law (1748 ...
Proponents of the doux commerce theory argued that the spread of trade and commerce will decrease violence, including open warfare. [6] [7] Montesquieu wrote, for example, that "wherever the ways of man are gentle, there is commerce; and wherever there is commerce, there the ways of men are gentle" [8] and "The natural effect of commerce is to lead to peace". [1]
Montesquieu makes use of the concept of the state of nature in his The Spirit of the Laws, first printed in 1748. Montesquieu states the thought process behind early human beings before the formation of society. He says that human beings would have the faculty of knowing and would first think to preserve their life in the state.
Other publications of the Enlightenment included Berkeley's A Treatise Concerning the Principles of Human Knowledge (1710), Voltaire's Letters on the English (1733) and Philosophical Dictionary (1764); Hume's A Treatise of Human Nature (1740); Montesquieu's The Spirit of the Laws (1748); Rousseau's Discourse on Inequality (1754) and The Social ...