MONTESQUIEU

(1689 – 1755)
 INTRODUCTION

 A French Liberal
 Aristotle of 18th century
 In 17th & 18th century: Enlightenment, modernization,
Liberalism.
 Locke was Prevalent: Rise of Democracy Capitalism.
 PERSIAN LETTERS: A brilliant Satire on existing
political, economic, social & religious situation in France.
 He was impressed by practical enjoyment of liberty of
England & their working constitutional Machinery.
 He studied Roman History & English Institutions, these
two sources gave him conception of liberty.
 INTRODUCTION
His Life
 Born in 1689 near Bordeaux and law from university of
Bordeaux.
 In 1708, he became counselor to Bordeaux parliament
 His interest in science led him to join Academy of
science in Bordeaux
 In 1712, he wrote “LETTERS PERSANES” <The
Persian Letters>
• A veiled satire on French society – Anonymously
 INTRODUCTION

 English constitutional structure served as model in

Montesquieu’s development of political theory.
 In 1734, he wrote “Considerations on the Greatness and
Decline of Rome.”
 Wrote “L’Esprit des Lois” (The spirit of laws) in 1748 (22
Editions)
 He died on Feb 10, 1755 at “La Brede”.
 INTRODUCTION
Influence of physical environment on social,
economic, religious & politics spheres.

 There is a direct relation b/w climate &liberty.

[English Constitution is result of English Climate]

• Hot climate breeds despotism & slavery.

 BACKGROUND
o In France, LOUIS XIII’s mother became regent, until 1624 the functions
of govt. were performed by RICHELIEU: a great French Statesman & an
ardent admirer of Machiavelli.
o RICHELIEU gave system of Intendants: Republic of Middle Class,
replaced nobility.
o RICHELIEU died in 1642 & LOUIS –XIII in 1643 – 5 years old LOUIS
XIV became successor, whose mother “Anne of Austria” became regent,
but the real powers in hands of “MAZARIN” (Italian)– a pupil of
Richelieu.
 BACKGROUND
o Mazarin died 1661. LOUIS XIV took functions and further proceeded for
concentration of power.

o The powers of intendants increased and the powers of parliament and

Supreme Court was curbed.

o LOUS XIV was determined to extend boundaries over whole Europe

which resulted in enemies abroad, consequently, France bore heavy loss.

o The English Revolution 1688, conserved a tradition rather than to install

new one, but in France, Locke Doctrine was Revolutionary, but French
society was different than that of England.
HIS POLITICAL PHILOSOPHY

o Social & Political Problems cannot be re-solved by a single political

obligation or absolute sovereign.
o Everything has its laws, either nature or human relations.
o Law of Nature governs everything including human. Therefore man
is imperfect and Nature is perfect.
 Hence Natural laws are perfect than man made laws.
o There should be positive laws, altered by natural laws.
HIS POLITICAL PHILOSOPHY
Montesquieu – rejected social contract
 Because political society formed by state of nature not
by social contract
 All were equal in state of nature, how evolved. They
started to compete with each other to fulfil their needs.
Resultantly conflicts emerged due to competition.
 To construct peace Positive Laws were required.
• International Law: among nations
• Political Law: among governs & governed
• Civil Law: among citizens
 Those positive laws made & implemented.
HIS POLITICAL PHILOSOPHY
Forms and principles of govt.
• Montesquieu gave certain forms of Govt. along with their underlying
principles.
 Monarchy
• Rule by Monarch
o Underlying principle.
• Honor is the principle for Monarchy.
• King ‘ll never let the honor and virtue of his empire down.
 Aristocracy/Republican
• Full Republic
o Democratic populace elect his republic. (where majority of the
public)
• Half Republic
o Aristocrat – Half of populace elects its Representatives. (where
majority of the elite)
o Underlying Principle
HIS POLITICAL PHILOSOPHY
 Despotism
• Rule by Dictator
o Underlying principle
• fear is underlying principle
• E.g.: In French was Despotism: Richelieu & Mazarin.
• Note:
 Montesquieu: “Govt is good if its form is justified by conditions
and underlying principles, it’s bad if not so validated.”
• He said: Republic is impossible because its principles are absent among
populace.
• Virtue: Patriotism, equality, common interest, self-restraint from abuse
of power.
• Corruption is result of no virtue. (Absence of Virtue)
HIS POLITICAL PHILOSOPHY
o Conditions/Criteria for forms of govt
• Economic Conditions
• Religion Accordingly the forms
• Geography of govt will be.
• Nature of people

 He gave priority to Monarchy.

 After Formation of Govt., efficient functioning through

“Separation of Power” & Checks & Balances theories.
MONTESQUIEU & ARISTOTLE
o Aristotle hinted separation of power & he developed theory in
reality.
o Both viewed the influences of geography on forms of govt.
o Both classified govt. on basis of law
o Both up held Monarchy as the best form of govt.
o Liberty was a pivotal point of philosophy. (Central Theme)
THEORY OF SEPARATION OF POWERS

o Montesquieu by anticipating Lord Acton’s dictum:

 “The man invested with power, is apt to abuse it and to
carry his authority as far as it will go.”
o Separation of powers
 Its spirit is the Principle of political liberty
 Each organ of govt. functions in its own domain – no
concentration of power.
 Three organs:
• Legislative: Law Making
• Executive: Implementation
• Judiciary: Interpretation & adjudication.
THEORY OF CHECK AND BALANCES

To establish balanced state structure power must

be checked.
 Judicial Review is a power of Judiciary.
 Veto is a power of the executive.
 Law making/bills is the power of legislature.

Books:
 The Persian Letters
 Spirit of Laws 1748
(Written after return from England)
CRITICAL ANALYSIS
 Positive Laws
 Forms of govt. & underlying principles
 Virtue
 Liberty
 Separation of Powers
 Theory of checks and balances
 USA is practical example.