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Montesquieu Charles-Louis de Secondat: O duhu zakona I

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O duhu zakona I

Montesquieu Charles-Louis de Secondat

Summary

Montesquieu: On the spirit of law I

Or on the relationship in which laws must stand with the organization of every government, with customs, climate, religion, trade,. etc.

To which the author added new researches on the Roman laws of inheritance, on the French and on the feudal laws

I first examined the people, and thought that they, in that infinite variety of laws and customs, were not guided only by their fancies.

I did not derive my principles from my own prejudices but from the nature of things.

I would consider myself the happiest of mortals and if I could make people able to cure themselves of their prejudices.

Laws, in the broadest sense, are necessary relations arising from the nature of things.

"The law, in general, is the human mind, insofar as it governs all nations on earth, and the political and civil laws of each nation must only be special cases of the application of that human mind". They will correspond to the geography, geology of the country, its climate, race, customs, beliefs, inclinations, resources of the inhabitants. "They should be considered in all aspects," Montesquieu asserts. "That is what I undertake in this work. I will examine all these relationships, all of them together form what is called the "Spirit of the Law". " The book, which was created over twenty years, was published in Geneva in 1748. As early as 1749, refutations began to appear. Jesuits and Jansenists attack the book in the name of religion. In the first ten books of the "Spirit of the Law", after defining the nature of laws inherent in man, laws are considered in relation to the form of government (tyranny, monarchy and democracy). From book VIII. the author deals with the corruption of the principle of three reigns and the way in which these reigns are maintained. In books XI. XII. and XIII. the conditions of political freedom are closely examined, and the 6th chapter of book XI. it is an apologetic presentation of the English system; from book XIV. to book X IX. the famous theory of "climate" and its consequences are presented, thus ending the first volume. At the end of this edition, there are also four articles on Montesquieu and his work. (KGZ - catalog)

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