Thursday, March 7, 2013

"The Spirit of the Laws" - Baron de Montesquieu

Author Bio: Montesquieu was a "philosophe" during the Enlightenment that admired John Locke and focused much of his philosophy off of government. Born into a wealthy family, he had a substantial and thorough education and was able to travel all around Europe, observing government/political systems and making note of what he found as successful and good, as compared to "bad".

Context: The Spirit of the Laws was written in 1748 during a time of absolutists and enlightened thinking, so people were finally getting further from the mainstream focus on religion and began thinking and discussing new ideas (specifically during the Scientific Revolution and the Age of Reason). With all of this going on, many were beginning to resist against the monarchs and challenge absolutist rule.

Summary: In the text, Montesquieu examines the role of government and how it should be handled. He believes that it is absolutely necessary for there to be a separation of powers. More specifically, they should be split into 3 sectors: the legislative, executive, and judicial branches. (We obviously see this as a lasting effect as our U.S. government was modeled off of this). He notes that "most kingdoms of Europe enjoy a moderate government" and he blames this on the fact that the rulers, taking over the legislative and executive powers, then leave judicial powers to his subjects. He argues that no good comes out of all three branches being combined under one power, as seen in Turkey, where he notes that such a combination leads to oppression of the people.

Key Quotation: "The whole power is here united in one body; and though there is no external pomp that indicates a despotic sway, yet the people feel the effects of it in every moment."

2 comments:

  1. Another quote to consider: "There is no liberty if the power of judging be not separated from the legislative and executive powers. Were it joined with the legislature, the life and liberty of the subject would be exposed to arbitrary control...Were it joined to the executive power, the judge might behave with all the violence of individuals."

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  2. Great job, Jean! I thought the quote you chose was very relevant for the overall feeling of the piece. The context is also a good overview of what was going on in the world at that time. It is interesting that he basically came up with the US government system that we still use today. He must have been a very forward thinker. Good job.

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