The following was completed for a Political Thought and Theory Class in my Senior Year of Highschool..my grade was an 85
Into the first three chapters of Book 1, The Spirit of Laws, Montesquieu
condensed a lifetime of thinking, not so much on law as what law is, (after all, the
work by Montesquieu is entitled The Spirit of Laws, not The Laws of the Spirit).
The definition of law provided to us by Montesquieu can be most clearly
identified as a series of relationships which are derived from the nature of things;
relationships varying not only among human beings, but animals and thought.
Background: Montesquieu, Charles-Louis de Secondatbaron de la Brède et de
Born January 18, 1689, Montesquieu (Caption 1-1) belonged to an old
family of modest wealth that had been ennobled in the 16th century for services
to the crown. Charles-Louis studied at the faculty of law at the University of
Bordeaux, was graduated, and ventured out for experience in law. He married
Jeanne de Lartique and through marriage he became socially and financially
secure. He wrote many works pertaining to the lawfield (Encarta).
Montesquieu's Definitions of Law
"Laws, in their most general signification, are the necessary relations arising from
the nature of things." (Spirit)
Montesquieu in the first book would seem to be collating all that has been
said on the law into some complex equation, eliminating the common and
arriving at some simple solution. Thus, laws in the most general sense are the
relationships between things (all things) as the nature of things shows: the nature
of things seen, heard, and read. God isn't seen nor heard, or read; still, he must
have his place, but not first in the order of the nature of things (Catholic).
"There is, then, a prime reason; and laws are the relations subsisting between it
and different beings, and the relations of these to one anoth...