The Law To Know

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Early modern

Charles de Secondat, Baron de Montesquieu

1689–1755 · France · Political philosopher and magistrate

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Montesquieu was a French nobleman and a magistrate in the parlement of Bordeaux who travelled widely and wrote The Spirit of the Laws (1748) after some twenty years of work. He compared the laws of many countries and argued that they must be understood in relation to the nature and principle of each government (republic, monarchy or despotism), the size and climate of the country, and the people's religion, customs and trade. Laws are therefore not simply right or wrong in the abstract. His most famous teaching, drawn partly from his study of England, is that liberty is safest when the legislative, executive and judicial powers are held by different bodies, so that power checks power. The separation of powers is written into the United States Constitution and into many others.

The big idea

Laws should fit the nature of the people, the climate and the form of government, and liberty needs the separation of the legislative, executive and judicial powers.

Main work

The Spirit of the Laws (1748)

Legacy

The theory of the separation of powers in constitutions, and an early work of comparative and sociological study of law.

The school of thought

← Earlier: John LockeLater: Sir William Blackstone →

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