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t. e. 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] Originally published anonymously, as was the norm, its influence outside ...
Montesquieu. Charles Louis de Secondat, baron de La Brède et de Montesquieu[a] (18 January 1689 – 10 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principal source of the theory of separation of powers, which is implemented in many ...
The letter of the law and the spirit of the law are two possible ways to regard rules or laws. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law is to follow the intention of why the law was enforced. Although it is usual to follow both the letter and the spirit, the ...
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 ...
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 abilities to check the powers of the others. This philosophy heavily influenced the ...
Article III separates and places the judicial power in the judiciary. This idea is most often attributed to Montesquieu. Although not the progenitor, Montesquieu's writing on the separation of power in The Spirit of Laws was immensely influential on the U.S. Constitution. [1]
Montesquieu provided a highly detailed theory connecting law to society in 'The Spirit of the Laws', giving many specific examples of legal rules drawn from antiquity, contemporary law, and travel writers. [12] However, he was unwilling to develop a general thesis of change, regarding it as unsubstantiated.
277. Considerations on the Causes of the Greatness of the Romans and their Decline (French: Considérations sur les causes de la grandeur des Romains et de leur décadence) is an 18th-century book written by French political philosopher Montesquieu. First published in 1734, it is widely considered by scholars to be among Montesquieu's best ...