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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]
The free governments are dependent on constitutional arrangements that establish checks and balances. Montesquieu devotes one chapter of The Spirit of Law to a discussion of how the England's constitution sustained liberty (XI, 6), and another to the realities of English politics (XIX, 27). As for France, the intermediate powers (including the ...
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 ...
In Chapters I to X, Montesquieu postulates that the wealth, military might and expansionist policies, which were by most historical accounts a source of great strength for Rome, actually contributed to the weakening of the spirit of civic virtue of Roman citizens. After detailing the history of Rome's many wars, Montesquieu claimed, "The ...
By far the most important French sources to the American Enlightenment were Montesquieu's Spirit of the Laws and Emer de Vattel's Law of Nations. Both informed early American ideas of government and were major influences on the U.S. Constitution. Voltaire's histories were widely read but seldom cited.
The principle of legality of punishment and crime was identified and conceptualized in the Enlightenment.It is generally attributed to Cesare Beccaria but Montesquieu indicated that "the judges of the Nation are only the mouth that pronounces the words of the law" [b] as early as 1748, in The Spirit of the Law (French: L'Esprit des lois
He nevertheless does not do so: late in 1720 he is still in Paris, for letters 134–137 (140–145), which contain the history of Law's "System", are in fact posterior to Roxane's last missive (dated 8 May 1720), which he must already have received – the usual time for delivery being about five months – when he writes the latest in date of ...
Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without ...