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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]
Montesquieu's 1748 De l'Esprit des loix Montesquieu eventually withdrew from the practice of law to devote himself to study and writing. He achieved literary success with the publication of his 1721 Persian Letters ( French : Lettres persanes ), a satire representing society as seen through the eyes of two Persian visitors to Paris , cleverly ...
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 ...
French Enlightenment philosopher Montesquieu has been credited as one of the chief proponents of the doux commerce theory.. Doux commerce (lit.sweet commerce) is a concept originating from the Age of Enlightenment stating that commerce tends to civilize people, making them less likely to resort to violent or irrational behaviors.
The Americans closely followed English and Scottish political ideas, as well as some French thinkers such as Montesquieu. [115] As deists, they were influenced by ideas of John Toland and Matthew Tindal. There was a great emphasis upon liberty, republicanism, and religious tolerance. There was no respect for monarchy or inherited political power.
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.
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 ...