Early modern
Charles de Secondat, Baron de Montesquieu
1689–1755 · France · Political philosopher and magistrate
1800 BCAD 2000
Life and ideas
Montesquieu was a French nobleman and a magistrate in the parlement of Bordeaux who travelled widely and wrote The Spirit of the Laws (1748) after some twenty years of work. He compared the laws of many countries and argued that they must be understood in relation to the nature and principle of each government (republic, monarchy or despotism), the size and climate of the country, and the people's religion, customs and trade. Laws are therefore not simply right or wrong in the abstract. His most famous teaching, drawn partly from his study of England, is that liberty is safest when the legislative, executive and judicial powers are held by different bodies, so that power checks power. The separation of powers is written into the United States Constitution and into many others.
The big idea
Laws should fit the nature of the people, the climate and the form of government, and liberty needs the separation of the legislative, executive and judicial powers.
Main work
The Spirit of the Laws (1748)
Legacy
The theory of the separation of powers in constitutions, and an early work of comparative and sociological study of law.
The school of thought
- The Historical School: Law grows out of a people's history and spirit, and cannot be invented from above.
- Sociological Jurisprudence: Study law in society: what it does, whom it serves, and how living practice differs from the books.
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