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The Spirit of the Laws (I)

Montesquieu

Language:
English
Translation:
Thomas Nugent
Status:
Complete work
Authorship:
Written by the author
Condition of the text:
Clean text
Extent:
~190,000 words · 919 passages
Cite this work
  • APAMontesquieu. (n.d.). The Spirit of the Laws (I). SigPhi. https://sigphiai.com/en/works/montesquieu/the-spirit-of-laws-volume-1
  • MLAMontesquieu. "The Spirit of the Laws (I)." SigPhi, https://sigphiai.com/en/works/montesquieu/the-spirit-of-laws-volume-1.
  • ChicagoMontesquieu. The Spirit of the Laws (I). SigPhi. https://sigphiai.com/en/works/montesquieu/the-spirit-of-laws-volume-1.

What it is about

A study of why each people has the laws it has, and of how to divide power so that no part of it holds enough to abuse.

Context and history

Montesquieu worked on it for close to twenty years and published it anonymously in Geneva in 1748, beyond the reach of French censorship. The separation of legislative, executive and judicial power set out here passed directly into the United States Constitution. Rome placed it on the Index in 1751.

Editorial context, not a citable source: unlike the passages of the work itself, these statements cannot be checked against the corpus.

IF amidst the infinite number of subjects contained in this book there is anything which, contrary to my expectation, may possibly offend, I can at least assure the pubUc that it was not inserted with an ill intention — for I am not naturally of a captious temper. Plato thanked the gods that he was born in the same age with Socrates; and for my part I give thanks to the Supreme that I was born a subject of that government under which I live, and that it is His pleasure I should obey those whom He has made me love. I beg one favor of my readers, which I fear will not be granted me ; this is, that they will not judge by a few hours' reading of the labor of twenty years; that they will approve or condemn the book entire, and not a few particular phrases. If they would search into the design of the author, they can do it in no other way so completely as by searching into the design of the work. I have first of all considered mankind, and the result of my thoughts has been, that amidst such an infinite diversity of laws and manners, they were not solely conducted by the caprice of fancy. I have laid down the first principles, and have found that the particular cases follow naturally from them; that the histories of all nations are only consequences of them; and that every particular law is connected with another law, or depends on some other of a more general extent. When I have been obliged to look back into antiquity I have endeavored to assume the spirit of the ancients, lest I should consider those things as alike which are really different, and lest I should miss the difference of those which appear to be alike. I have not drawn my principles from my prejud

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