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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 ...
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 ...
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 ...
In The Spirit of Law (1748), [17] Montesquieu described the various forms of distribution of political power among a legislature, an executive, and a judiciary. Montesquieu's approach was to present and defend a form of government whose powers were not excessively centralized in a single monarch or similar ruler (a form known then as ...
Madison states Montesquieu used the British government as an example of separation of powers to analyze connections between the two. Madison quotes Montesquieu in The Spirit of Law as saying the British are the "mirror of political liberty." Thus, Montesquieu believed that the British form of separation of powers was of the utmost caliber.
As they fight to reclaim their history, some in Montana’s Two-Spirit community are challenging a state law that defines sex as binary because it ‘infringes’ on their spiritual and cultural ...
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 ...