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The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix [1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2]
Short title: Montesquieu / Charles-Louis de Secondat / 1689-1755 / baron de La Brède et de / 0070. De l'Esprit des loix ou du Rapport que les loix doivent avoir avec la constitution de chaque gouvernement, les moeurs, le climat, la religion, le commerce, à quoi l'auteur a ajouté des recherches nouvelles sur les loix romaines touchant les successions, sur les loix françoises,&sur les ...
Frontispiece and title page of 1748 edition. Initially, Montesquieu only intended on writing a few pages on the topic. [1] However, the size of his topic overwhelmed him, so he chose to expand the scope of his writing from the beginnings of the Roman Republic to the decay of the late Roman Empire. [1]
The free governments are dependent on constitutional arrangements that establish checks and balances. Montesquieu devotes one chapter of The Spirit of Law to a discussion of how the England's constitution sustained liberty (XI, 6), and another to the realities of English politics (XIX, 27). As for France, the intermediate powers (including the ...
Madison states Montesquieu used the British government as an example of separation of powers to analyze connections between the two. Madison quotes Montesquieu in The Spirit of Law as saying the British are the "mirror of political liberty." Thus, Montesquieu believed that the British form of separation of powers was of the utmost caliber.
The title page of A Commentary and Review of Montesquieu's Spirit of Laws (1811), [4] an English translation by Thomas Jefferson of Destutt de Tracy's Commentaire sur l'esprit des lois de Montesquieu (1806)
Montesquieu. Charles de Montesquieu (France, 1689–1755) In The Spirit of Law, Montesquieu expounded the separation of powers in government and society. In government, Montesquieu encouraged division into the now standard legislative, judicial and executive branches; in society, he perceived a natural organization into king, the people and the ...
Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without violating the letter of the law, and (3) the ...