‘I ask a favour that I fear will not be granted; it is that one not judge by a moment’s reading the work of twenty years, that one approve or condemn the book as a whole and not some few sentences. If one wants to seek the design of the author, one can find it only in the design of the work.’ (Montesquieu 1989: preface) The Spirit of the Laws took Montesquieu twenty years to write and was first published in Geneva in 1748. It was distributed freely, without the hindrance of censorship and deemed and instant success, despite negative feedback from friends to whom the manuscript was shown. After two years and twenty-two impressions made across Europe many critics arose of his work, however this merely added to the fame of the author. Despite his critics, Montesquieu knew he had created a worthy and original work of political theory expressed by the phrase of his last preface ‘an offspring made without a mother’.
(Montesquieu 1989: preface) This suggests that Montesquieu intended to create a distinctive political theory which was unlike any of his predecessors. Although he quotes famous predecessors such as Plato and Aristotle, he treats them as sources of information rather than philosophical fundamentals. The Spirit of the Laws was Montesquieu’s last work and undeniably over the course of twenty years he implemented what Judith Shklar suggests as ‘his entire intellectual capital as a judge, scientist, novelist, historian, and traveller… .’ (Shklar 1987: 67) It is his work as a judge which probably proved to be the most significant in relation to The Spirit of the Laws as it is fundamentally about law. Despite the nature of the subject however, the book displays a more positive tone than his previous two books, Shklar suggests that this is the case as ‘Reason and knowledge could, after all, do a great deal to prevent corruption and injustice, and even to control the natural obstacles to human well-being.’ (Shklar 1987: 68).
The Essay on Right To Work Laws
In general, the Right to Work Laws provide that do not have to belong to a labor union to get or keep a job, and no person can be denied a job because he or she belongs to a labor union. Twenty-one states have such laws, these states are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, South Carolina, South ...
Montesquieu’s The Persian Letters explored the desolation of despotism however we are now presented with credible alternatives. (Cranston 1986: 22).
Romans can be seen as a prototype to The Spirit of the Laws however we hear more of a dynamic republic than a corrupt empire. No longer does Montesquieu engage in a story of desolation and decline, one aim therefore is to show can be done to lessen political callousness and avert public disaster.
The change of tone from his previous works can be accounted for via his radicalization in other words his orientation of favouring revolutionary change in government and society, which probably was influenced by his intellectual circle from the Encyclop ” edie and by his trip to England. One example of the influence of England is his attitude to torture which he suggests in The Spirit of the Laws is a catalyst for fear in society (Montesquieu 1989: 92).
His arguments against despotism suggest that fear is not necessarily beneficial for the well being of society, therefore not implementing torture like the civilised Monarchies such as England is a logical procedure. (Cranston 1986: 23) Political writer Judith Shklar suggests that The Spirit of the Laws has three purposes, examining her commentary will serve as a good suggestion of Montesquieu’s aims. She suggests that this work of political theory encapsulates at least three purposes: philosophical, historical and polemical (Shklar 1987: 68).
Its philosophical aim was to classify the composition of law and to identify an array of social legislation and measures to divulge their place in a given society.
The Essay on Role and Functions of Law and Society
Ages ago, our forefather created a structure for rules of conduct called laws. Law helps to enforce and maintain ethical standards and civil obedience. In business and society the rules of conduct are essential to preserving order and harmony. The complexities of the law can be somewhat mind boggling when in fact the intent is to simplify discord. Nonetheless, its role and function in business and ...
Historical examples are used as a medium to suggest how laws in different societies acquired their character, they also serve as ‘trial-and-error’ method to suggest what kind of legislation actually works. Such ‘trial-and-error’ portrays the science of human law empirically just like that of a natural science. Polemically, in other words controversially, Shklar suggests that Montesquieu was determined to warn his countrymen of the dangers of despotism and to encourage the liberalization and humanization of societal law – ‘The politics of fear remained the supreme enemy’ (Shklar 1987: 69).
Analysis of sections of spirit of laws – themes (Constraint and Liberty, Necessity and Freedom) Criticisms from other thinkers / writers Conclusion: What did he encapsulate? Personal thoughts on his aims? What did it achieve? Did Montesquieu fulfil his aim? Bibliography Montesquieu The Spirit of the Laws (Cambridge 1989) J.
Shklar ‘Constraint and Liberty’ in Montesquieu – (Oxford 1987) J Shklar ‘Necessity and Freedom’ in Montesquieu – (Oxford 1987) G. Davy ‘Durkheim, Montesquieu and Rousseau’ in Montesquieu and Rousseau – Emile Durkheim (Michigan U. P 1960) M Cranston Philosophers and Pamphleteers (Oxford 1986).
