Montesquieu's The Spirit of Laws is an enduring classic of social and political theory deserving a fresh reading every generation. The modern reader, however, is likely to find a work that ran to over a thousand pages in its two-volume first edition a bit overwhelming. Presented here, therefore, is the first English-language compendium of The Spirit of Laws, together with the first English translation of the posthumously published treatise containing the physiological theory underlying Montesquieu's theory of climate.

Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...) punishments -- Consquences of the different principles of the three governments, with respect to sumptuary laws, luxury, and the condition of women -- Of the corruption of the principles of the three governments -- Of the laws in the relation they bear to defensive force -- Of laws, in the relation they bear to offensive force. (shrink)

Montesquieu's The Spirit of Laws is an enduring classic of social and political theory deserving a fresh reading every generation. The modern reader, however, is likely to find a work that ran to over a thousand pages in its two-volume first edition a bit overwhelming. Presented here, therefore, is the first English-language compendium of The Spirit of Laws, together with the first English translation of the posthumously published treatise containing the physiological theory underlying Montesquieu's theory of climate.

Montesquieu's early life & career -- Montesquieu's major works & last years -- Examining the text : The spirit of laws -- Montesquieu's influence on the Founding Fathers.

The Spirit of the Laws is, without question, one of the central texts in the history of eighteenth-century thought, yet there has been no complete, scholarly English-language edition since that of Thomas Nugent, published in 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was, for example, such an (...) influence upon those who framed the American constitution. Fully annotated, this edition focuses attention upon Montesquieu's use of sources and his text as a whole, rather than upon those opening passages towards which critical energies have traditionally been devoted, and a select bibliography and chronology are provided for those coming to Montesquieu's work for the first time. (shrink)

Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...) punishments -- Consquences of the different principles of the three governments, with respect to sumptuary laws, luxury, and the condition of women -- Of the corruption of the principles of the three governments -- Of the laws in the relation they bear to defensive force -- Of laws, in the relation they bear to offensive force. (shrink)

The Fairness Doctrine violated a Constitutional provision for a free press and it failed to guarantee public access to publicly owned broadcast airwaves, as was its intent. The regulation was eliminated in 1987, restoring 1 important free press element to America's broadcast newsrooms. However, public access since deregulation has further deteriorated, while other standards of ethical journalism appear to have been abandoned for higher profits. These factors have renewed the call for re-regulation. This article presents an alternative model in the (...) spirit of the Fairness Doctrine, ethical broadcast journalism, capitalism, and the preservation of the First Amendment. (shrink)

The Spirit of the Laws is without question one of the central texts in the history of eighteenth-century thought, yet there has been no complete scholarly English language edition since 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. (...) Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. (shrink)

The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and (...) the superiority of civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

ABSTRACTFeminists have long criticized Rousseau for his patriarchal political theory. But when his lesser-known writings on women from the 1740s are taken into account, including a nearly 900-page manuscript critiquing Montesquieu from a feminist perspective, we see how the early Rousseau robustly converged in feminist ideas with his employer Madame Louise Dupin, before he gradually diverged from this egalitarian school of thought over the course of the 1750s. I add to the evidence of the early Rousseau’s egalitarian response to ‘the (...) woman question’ by showing his philosophical convergence with the feminist arguments of the anonymous ‘Critique of the Spirit of the Laws’ as well as Madame Dupin’s ‘Ouvrage sur les femmes’ – manuscripts largely in his secretarial hand. Through this triangulation of understudied texts, we find that the early Rousseau was not a patriarchal apologist, but rather a feminist secretary and a secretary to a feminist. (shrink)

EDITOR’S ABSTRACTThis article argues that Shang Yang’s philosophy of law was not only a means to enrich the state and strengthen its army, but also envisioned the orderly rule of all All-under-Heaven. Through a fair, universal, and reliable use of rewards, punishments, and also teaching, this vision of laws could ultimately lead to the promotion of moral values, popular consensus, and people’s self-governance. While the authors admit that in Shang Yang’s own historical context, law was no more than a tool (...) used by the ruler to suppress his people, potentially his ideas could contribute to a future Chinese society fully ruled by law and morality, and inspired by the rule of law. (shrink)

In what constitutes the only English-language collection of essays ever dedicated to the analysis of Montesquieu's contributions to political science, the contributors review some of the most vexing controversies that have arisen in the interpretation of Montesquieu's thought. By paying careful attention to the historical, political, and philosophical contexts of Montesquieu's ideas, the contributors provide fresh readings of The Spirit of Laws, clarify the goals and ambitions of its author, and point out the pertinence of his thinking to the (...) problems of our world today. (shrink)

The process of decision making is predictable and irrational according to Daniel Ariely and other economic behaviorists, historians, and philosophers such as Daniel Kahneman or Yuval Noah Harari. Decisions made anteriorly can be, but don’t have to be, present in the actions of a person. Stories and shared belief in myths, especially those that arise from a system of human norms and values and are based on a belief in a “supernatural” order (religion) are important. Because of this, mass cooperation (...) amongst strangers is possible. (shrink)

BOOK I. OF LAWS IN GENERAL. Positive laws oughtto be consequenft of the laws of nature: this is the spirit of laws. MONTESQ_UIEU'S SPIRIT OF LAWS. ...

It is my contention that the law has its origins and derives its authority from moral precepts; and this morality is not dead, but is a live spirituality and ultimately depends on connection with the divine. In the spirit of the law, what is mercy and the admonition to love one's fellow humans as oneself and its application in the new millennium? If this view is accepted it has profound implications for the way law is practised. The implications for (...) the role of customary law in the legal decision-making process and the recognition of indigenous rights generally are affected. (shrink)

The most famous chapter of Montesquieu’s _ The Spirit of the Laws _ (1748), Book XI, Chapter 6, 'On the constitution of England,' was an important i nspiration to the creators of modern constitutions, to which they often referred. However, as a result of scholarly focus on the political institutions discussed in this book, Montesquieu’s economic analysis has been woefully neglected. In order to correct this scholarly imbalance, this paper will elucidate the essential significance of Montesquieu’s comparison between the (...) constitution of modern England and that of ancient Rome in Book XI of _ The Spirit of the Laws _ ; inextricable relationship between military and political institutions on the one hand, and the transfer and distribution of wealth on the other. To argue this point, this paper will focus on Montesquieu’s other writings in the same year and shortly after the publication of _ The Spirit of the Laws _ : the revised edition in 1748 of _ The Considerations on the Causes of the Greatness of t... _. (shrink)

In this essay, I take on the problem of how to explain the socio-historical dimension of practical reason in Hegel. In contrast to many contemporary socio-historical readings of Hegel, I claim that a logical concept of spirit frames Hegel’s account of the historical process through which human beings have come to know their practical agency as actualized in institutional relations of mutual recognition. On my reading, Hegel conceptualizes each shape in the ‘Spirit’ chapter of his Phenomenology of (...) class='Hi'>Spirit as syllogistically working out, practically and institutionally, how to mediate the demands of individual self-determination with the universal laws and customs of the community. At the same time, logical form doesn’t determine historical development, because the content of individuality, universality, and their mediation is earned only through historical experience. (shrink)

Pangle brings to light Montesquieu's rethinking of the philosophical groundwork of liberalism, showing how The Spirit of the Laws enlarges and enriches the liberal conception of natural right by means of a new appeal to History as the ...

Montesquieu is famous as a tireless critic of despotism, which he associates overtly with Asia and the Middle East and not with the apparently more moderate Western models of governance found throughout Europe. However, Vickie B. Sullivan argues that a creaful reading of Montesquieu's enormously influential The Spirit of the Law reveals the surprising result that he recognizes that Europe itself is susceptible to despotic practices - and that the threat emanates not from the East but rather from certain (...) despotic ideas that inform Western institutions and practices. Sullivan guides readers through Montesquieu's sometimes veiled yet sharply critical accounts of Machiavelli, Hobbes, Aristotle, and Plato, as well as various Christian thinkers have brough forth despotic ideas in the form, for example, of brutal Machiavellianism, of Hobbes's justifications for the rule of one, of Plato's reasoning that denied slaves the right of natural defense, and of the Christian teachings that equated heresy with treason. Such ideas, Montesquieu shows, inform such revered European institutions as the French monarchy and the Roman Catholic Church. In this new reading of Montesquieu's masterwork, Sullivan corrects the misconception that it offers simple, objective observations, showing it to be instead a powerful critique of European politics that would become remarkably and regrettably prescient after Montesquieu's death, when despotism repeatedly emerged in Europe with virulent intensity. -- from dust jacket. (shrink)

Lucas, Brian Review of: The breath of the spirit in the church: The sensus fidelium and canon law, by Anthony Ekpo, Strathfield, NSW: St Pauls, 2014, pp. 260, paperback, $24.95.

This open access book seeks to identify the ethical spirit of European Union law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly (...) against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories? Further, should these non-legal concepts be imported in an unaltered way, or be adapted to the legal context? This book explores the different layers of EU law, including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity. (shrink)

Reprint of the first edition. This incisive critique was written around 1807 by Tracy [1754-1836], a French philosopher and path-breaking psychologist who was a friend of Jefferson [1743-1826]. Jefferson saw the Commentary when it was still a manuscript and was so impressed that he took pains to have it printed. He even helped with the translation and corrected the page proofs. Although the translation was published anonymously, we can identify the author and translators through a letter by Jefferson dated January (...) 26, 1811. Elsewhere in this letter he commends it for correcting the Spirit of the Laws. While other studies had merely "nibbled only at its errors...This want is now supplied, and with a depth of thought, recision of idea, of language and of logic, which will force conviction into every mind. I declare to you, Sir, in the spirit of truth and sincerity, that I consider it the most precious gift the present age has received.": The Writings of Thomas Jefferson V:566-571. (shrink)

The Spirit of the Laws —Montesquieu’s huge, complex, and enormously influential work—is considered one of the central texts of the Enlightenment, laying the foundation for the liberally democratic political regimes that were to embody its values. In his penetrating analysis, Thomas L. Pangle brilliantly argues that the inherently theological project of Enlightenment liberalism is made more clearly—and more consequentially— in Spirit than in any other work. _ In a probing and careful reading, Pangle shows how Montesquieu believed that (...) rationalism, through the influence of liberal institutions and the spread of commercial culture, would secularize human affairs. At the same time, Pangle uncovers Montesquieu’s views about the origins of humanity’s religious impulse and his confidence that political and economic security would make people less likely to sacrifice worldly well-being for otherworldly hopes. With the interest in the theological aspects of political theory and practice showing no signs of diminishing, this book is a timely and insightful contribution to one of the key achievements of Enlightenment thought. (shrink)

For more than 100 years, The Protestant Ethic and the Spirit of Capitalism has set the parameters for the debate over the origins of modern capitalism. Now more timely and thought-provoking than ever, this esteemed classic of twentieth-century social science examines the deep cultural "frame of mind" that influences work life to this day in northern America and Western Europe. Stephen Kalberg's internationally acclaimed translation captures the essence of Weber's style as well as the subtlety of his descriptions and (...) causal arguments. Now, for the first time in one volume, The Protestant Ethic and the Spirit of Capitalism with Other Writings on the Rise of the West integrates Weber's exploration of the spirit of capitalism's origins with his larger project: a multi-causal analysis of the West's distinctiveness and its sources. Weber's texts present wide-ranging discussions on the Western city, state, forms of rulership and law, and modes of economic innovation. Moreover, in many selections Weber offers in-depth and insightful comparisons to China and India. Readings on the "economic ethics" of Confucianism, Buddhism, Hinduism, Islam, Judaism, and Catholicism further illuminate the distinct qualities of the West's trajectory and its diverse causes. A separate section examines the long-range influence of the ascetic Protestant sects and churches on American society.To draw readers into the material, this engaging volume includes extended introductions by the editor, many new translations, a chronology of Weber's life, an expanded glossary and bibliography, and numerous clarifying endnotes. In addition, Kalberg addresses a variety of debates concerning the central elements of contemporary life. Ideal for courses in sociology, anthropology, political science, history, international relations, and economics, The Protestant Ethic and the Spirit of Capitalism with Other Writings on the Rise of the West is an essential resource for anyone seeking to understand the origins and endurance of the modern West. (shrink)

The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law forbids and is (...) otherwise left ’free’ without interference and coercion. For Montesquieu, liberty is a positively elaborated ideal with normative demands and a set of “necessary relations” that citizens must form. The result is that a life of liberty is defined in a significant way by the laws that bind a citizen because liberty is not the freedom to construct different ways of life, but the freedom to live securely within a particular way of life. I highlight this overlooked feature of The Spirit of the Laws by mobilizing Aron, Althusser and Durkheim’s work on the law in Montesquieu to draw out the implications of Montesquieu’s notion of law for liberty. (shrink)

Canon law has an abiding purpose in the Church: to aid in the creation of a community that is a true sign of the fellowship of love.

Social life is changing very fast. People are trying to find out reasons of living in a safe society and understand their role in it. The ‘wrong’ and ‘right‘ models of the social life, state and law systems are appearing. In the XXth century, one of them – socialism – made suggestion how to solve social problems, determinated of capitalism. This work deals with the situation of Lithuanian social thought in the Republic of Lithuania (1900-1940). In the article, the standpoint (...) of catholics of socialism is reflected. Catholics displayed socialism as a system, which accumulated many distorted images about human nature, motivations of human behavior, society and its functionating. Considering the society being an organic totality of individuals, but not a faceless mass, and an individual being a personality having natural rights to be respected, but not considered as a little screw without any rights in the state machine, with whom any experiments may be performed, they disclosed Utopia of the idea, proposed by socialists, of the possibility of a perfect society creation by the only preliminarily arranged correct plan,. For this purpose to be achieved, they constructed a model of socialist economy and then destroyed it, demonstrating economical unefficiency of this system. In this manner, intellectuals warned Lithuania and its people about the destructiveness of the realization of such an experiment. In spite of criticism of socialism, some intellectuals, such as A. Maceina, S. Šultė and S. Šalkauskis, appeared to be rather respective to the new social ideas and did not distinguish any social economic system as the best and only one. They thought that all the world, including Lithuania, has to create a new social life and take as a base the progressive ideas of socialism and capitalism. According to the opinion of the catholics, the most reliable way to a safe sočiety and economical welfare passes through the cooperation of individuals and state’s duty to create right laws. Ideological spirit was the main obstacle for the intellectuals to recognize trends of socialism by their aims and methods. That is the reason, why socialism was identified as bolsevism. However, the expression of the intellectuals’ opinion about socialism, its ideological herritage and perspectives enriches the research of the Lithuanian legal phylosophical and political thought and allows to understand better the ideological development of socialism and to define its competence and limits of validity in the contemporary world. Valuable ideas may be fruitfully used in creating a democratic society, social state and the rule of law. (shrink)

THE SECOND BOOK OF PLATO’S REPUBLIC begins with a spirited outburst. Glaucon, not satisfied with Socrates’ arguments proving the goodness of justice in book 1, demands a new proof. At once deeply tempted and deeply repelled by the life of injustice, he wishes to be purged of his longing for tyranny and, accordingly, wants Socrates to show that justice itself, by itself, is good, that is, that justice is not simply a necessary evil, something good by law or nomos but (...) not by nature. To explain what he means, Glaucon tells a story. Perhaps it is worth quoting in full. (shrink)

The purpose of this paper is to shed light on different aspects of the hermeneutical problem in post-Kantian philosophical 'constellation'. In this domain, the problem of the relationship between the text and its commentary is theorized in terms of the antithesis between 'Spirit' and 'Letter', which clearly has religious roots. Therefore, the first part of the paper examines the historical origins of this antithesis, as well as its application in philosophical discussions which developed by the end of the 18th (...) century about the problem of finding the 'true' interpretation to Kant's philosophy. The second part of the text, which is to be published in the next issue of this review, brings the duality of spiritual and literal interpretation into closer connection with the topics of Kant's moral philosophy. Namera ovog rada je da osvetli razlicite aspekte hermeneutickog problema u poslekantovskoj filozofskoj 'konstelaciji'. U ovom podrucju, problem odnosa izmedju teksta i komentara postavlja se u terminima antiteze izmedju 'duha' i 'slova', koja ima prepoznatljive religijske korene. Zato prvi deo rada istrazuje istorijsko poreklo ove antiteze, kao i njenu primenu u filozofskim diskusijama koje su se krajem 18. veka razvile povodom problema pronalazenja 'pravog' tumacenja Kantove filozofije. U drugom delu rada, koji ce biti objavljen u sledecem broju casopisa, dvojnost duhovnog i doslovnog tumacenja dovodi se u uzu vezu sa tematikom Kantove teorije morala. (shrink)

_An account of Hegel's political insights and their contemporary relevance._.

We all now know that the novel coronavirus is anything but a common cold. The pandemic has created many new obligations for all of us, several of which come with serious costs to our quality of life. But in some cases, the guidance and the law are open to a degree of interpretation, leaving us to decide what is the ethical course of action. Because of the high cost of some of the obligations, a conflict of interest can arise between (...) what we want to do and what it is right to do. And so, some people choose to respect only the letter of the law, but not the spirit, or not to respect even the spirit of the guidelines. This paper identifies and describes the new obligations imposed on us all by the pandemic, considers their costs in terms of the good life, and provides an ethical analysis of two personal and two public cases in terms of the letter and spirit of the guidance and legislation. (shrink)