Author: The author of The Spirit of the Laws is Baron de Montesquieu. Montesquieu is known for questioning contemporary society as well as his beliefs in the separation of powers (Executive, Judicial, and Legislative branches). He believed in shared power in the government in order to prevent tyrannical rulers. He best known work is The Spirit of the Laws, which was written in 1748.
Speaker: See Above
Date/ Context: In 1748, Louis XIV reign was coming to an end. He had built the palace Versailles to distract the nobles from the corruption of his reign. One noble however, Montesquieu, was not fooled by the palace. Montesquieu often wrote about the corruption and tyranny of Louis XIV’s rule. This primary document, The Spirit of the Laws, is his most well known work on the separation of powers and the downfalls of an absolutist ruler. This primary document was so controversial it was banned by the pope.
Summary: This primary document begins by explaining that if the legislative branch, who makes the laws, and the executive branch, who enforce the laws, are controlled by the same person liberty for the people can not be achieved. In addition, Montesquieu states that if all three branches of government, the executive, legislative, and judicial branch are ruled by the same person liberty can not be achieved. The document then goes on to state that in France, there is no liberty because France is ruled by an absolute ruler, which Montesquieu refers to as despotic. Overall, Montesquieu is trying to express that liberty and the rights of citizens can only be preserved through democracy and separated powers and not through an absolute ruler.
Key Quotes:
“When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty…”
“Again there is no liberty if the power of judging be not separated from the legislative and executive powers.”
Overall, excellent job, Sean! You succinctly and accurately summarize the document with proper historical context. For one, you make note that Montesquieu was a French noble, but one who was not fooled by the building of Versailles. This is important because it sets him apart from other Frenchmen of the time who blindly followed the will and the fancies of Louis XIV. Secondly, you address Montesquieu's key ideals. If the branches are not separately governed and one falls, all the other branches will go to ruin as well. Your quotations reflect these ideals nicely. Lastly, you mention Montesquieu's ideal society, a one in which liberty is established by a democracy and through separation of powers. For some suggestions, I would first like to add how Montesquieu degrades other nations in his work. He argues that the people enjoy less liberty because the three powers are united. Secondly, he also adds that the sultan of the Turks controls all three facets as well and is basically a dictator. Montesquieu argues that in Europe, most kingdoms are more moderate, "because the prince who is invested with the two first powers leaves the third to his subjects." Finally, you could have added another quotation that dealt with another part of his argument to strengthen your overall analysis: "The whole power is here united in one body; and though their is no external pomp that indicates a despotic sway, yet the people feel the effects of it every moment." As a whole, though, great job!
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ReplyDeleteMontesquieu admires the British political system and this work sets out to build upon this system in order to create a more perfect government.