The Eve of the French RevolutionLowell, Edward J. (Edward Jackson)
History
The Eve of the French Revolution
Lowell, Edward J. (Edward Jackson)
France -- History -- Revolution, 1789-1799 -- Causes; France -- Social conditions -- 18th century
Montesquieu's scheme is announced in the title originally given to his
book. "Of the Spirit of the Laws, or of the relation which the laws
should have to the constitution of every government, manners, climate,
religion, commerce, etc. To which the author has added new researches
into the Roman laws concerning inheritance, into French laws, and into
feudal laws." Thus we see that the principal subject of the book is the
relation of laws to the circumstances of the country in which they
exist. In this also is its chief value and its claim to originality.
The Philosophers of the eighteenth century, following the example of the
churches, believed that there was an absolute standard of justice to
which all laws could easily be referred, independently of the country in
which the laws existed. If the laws of Naples differed from those of
Prussia, the laws which governed the phlegmatic Dutchman from those
which contained the excitable inhabitant of Marseilles, one or the other
set of laws, or both of them, must be wrong. The Civil Law of the Latin
races, the Common Law of England, each claimed to be the expression of
perfect abstract reason. The church with its canon, the same for all
races and climates, confirmed the theory. To all these came Montesquieu
with a teaching that would reconcile their claims.
"Law in general is human reason, in so far as it governs all the nations
of the earth; and the political and civil laws of each nation should be
but the particular cases to which that human reason is applied."
"They should be so adapted to the people for whom they are made, that it
is a very great chance if those of one nation will apply to another."
"They must be in relation to the nature and the principle of the
government which is established, or about to be established; whether
they form it, as do political laws; or maintain it, as do civil laws."
"They must be in relation to the _physical_ nature of the country;
to the frozen, burning, or temperate climate; to the quality of the
soil, the situation and size of the country; to the style of life of the
people, as farmers, hunters, or shepherds; they should be in relation to
the amount of liberty which the constitution may allow; to the religion
of the inhabitants, their inclinations, their wealth, their numbers,
their customs, their morals, and their manners. Finally, they have
relations to each other; they have them to their own origin, to the
object of the legislator, to the order of things on which they are
established. They should be considered from all these points of view."
"This is what I undertake to do in this work. I will examine all these
relations. They form together what is called `the Spirit of the Laws.'"
[Footnote: Montesq., iii. 99 (liv. i. c. 3).]
Public-domain text, read in full here on John Shaqi.
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