Spirit of the laws

Of the spirit of the laws is the major work of Montesquieu. It appears for the first time, after 30 years of work, with Geneva in 1748, thanks to the assistance of Claudine Guerin de Tencin which was also responsible for the publication of the Errata of this edition very faulty and amputated, and of that of the new edition re-examined and corrected by Montesquieu of 1749.

Some of the ideas of the spirit of the laws will be taken again during the drafting of the French Constitution of 1791, in particular the separation of the three capacities executive, legislative and legal. The book also largely influences the drafting of the Constitution of the United States of America ( checks and balances ).

It preaches the establishment of an aristocratic system there very Libéral. But before being able to make evolve/move a system Politique, it thinks that it is necessary to analyze the origin of the last Loi S and those which are contemporary for him. It distinguishes from the Cause S Culturelle S (Tradition S, Religion, etc) and from the Cause S Naturelle S (climate, Géographie, etc).

Of the spirit of the laws does not leave indifferent at the time of its publication and Montesquieu is the object of the more critical sharp on behalf of conservatives and ecclesiastics, whereas praises are emitted by the encyclopedists as D' Alembert (which will write a praise to him). However, certain encyclopedists reproach him a certain form of conservatism (Montesquieu was favorable to the Aristocratie). One reproaches him also his determinism in his theory of the Climat S. It will answer all these criticisms by Défense of the spirit of the laws published in 1750.

Organization of work

Work can be cut out in four great parts.

a theory on the types of Government S
political freedom
the theory of the climates
the general spirit

Types of governments

Book I to VIII, Montesquieu introduces its matter by describing various types of Gouvernement S: the Republic, the Monarchy and the Despotism

Political freedom

With book XI, it makes an analysis of what is freedom and concludes on the necessary legislative separation of the forces, executive and legal.

it is an eternal experiment which any man who has of the capacity is carried to deceive (...) So that one cannot misuse the capacity, it is necessary that, by the provision of the things, the capacity stops the capacity

Theory of the climates

Book XIV to XVIII, Montesquieu professes its theory discussed on the Climat S which would be a factor of behavior of the Peuple S.

Remarkable chapter: Slavery of the negros

Montesquieu uses an ironic tone to denounce the slave ones. In a few words, it points there at the same time the brutality of Europeans with the Indians People of Europe having exterminated those of Amérique. the mechanisms at the base of the Racisme which make justify the Traite Blacks by the slave ones of the time One can put oneself in the spirit only God, which is a to be very wise, put a heart, especially a good heart, in a body all noir. and impiété of those which say Christian and which practice slavery. It is impossible that we suppose that these people-there are men; because, if we suppose them men, one would start to believe that we are not ourselves chrétiens.

The general spirit

With book XIX, it details what can influence the Loi S: manners, the Climate, the research of the Freedom, etc

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