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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]
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.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
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 ...
Montesquieu. Charles de Montesquieu (France, 1689–1755) In The Spirit of Law, Montesquieu expounded the separation of powers in government and society. In government, Montesquieu encouraged division into the now standard legislative, judicial and executive branches; in society, he perceived a natural organization into king, the people and the ...
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]
French and Swiss Enlightenment thinkers, such as Voltaire, Baron Charles de Montesquieu and later Jean-Jacques Rousseau, expanded upon and altered the ideas of what an ideal republic should be: some of their new ideas were scarcely traceable to antiquity or the Renaissance thinkers.
Charles de Secondat, baron de Montesquieu (1689–1755) was a social commentator and political philosopher. His theories deeply influenced the American Founders . His belief that the state powers be separated into legislative , executive , and judicial branches formed the basis for separation of powers under the United States Constitution .