Montesquieu Thesis
His real name is Charles De Secondat and was born near Bordeaux. He held a philosophy emphasizing that, "law in general is conformed by human reason,"(Bk I: Ch 1). Laws are derived from the relations of people to their environment. "The relations regarding Montesquieu's philosophy towards laws being the derivative of the nature of the region help to constitute his book called The Spirit of the Laws." (Roustan 16): Montesquieu believed that laws were created entirely dependent on a societies origin, needs, culture, atmosphere and propaganda. As he once stated:Laws should be related to the climate of a country, quality of its soil, it's situation and extent, and the religion of the inhabitants and their customs (Book IV Ch. 3)Different cultures tend to mash with others, in order to improve their own culture. A country tending to have an ill environment (China) will reform itself in order to improve relations with other countries for its own benefit. Laws are derivative of the relations of people to their environment. Different countries tend to have different views and passions towards law. What elaborates the reason for these differences? Is it environmental factors that formulate different
The environment affects how easily a country can survive. It mocks religion as being something false, something not to live by. In one part of his literature he'll tend to base all law as being guided by nothing but environmental factors, Kalbacher 5and at other points he'll elaborate that, "religion, precedents and morals" affect the laws of a nation. Laws are needed in order to adapt to an environment, and those created which involve the environment are created by common sense, as Michael Curtis states:Montesquieu's approach is relativistic, in that there was no one solution or regime applicable to all countries, that there was more than one way of being civilized, that the regime of a country depended on time, physical conditions, climate and traditions of each country, and had to be judged by it's adaptation to those conditions (418)Laws are created "by its relation to the physical environment, and religious and social phenomena and behavior"(Pangle 39). But this would end up improving African lifestyle: by them adapting their technology. The environment is the contributing factor to many laws, but humans are the controlling factor. Europe was, and still is, a very powerful continent. " He'll also say that, "The empire of the climate is the first, the most powerful of all empires. Most laws, according to Montesquieu are created due to a society's needs, and are totally relative to the environment that they reside. Kalbacher 2perspectives towards law? There has to be some thesis that can explain these differences in thought:The mountaineers preserve a more moderate government, because they are not so liable to be conquered. If we lived off this principle there would be no desire for living. Adolf Hitler for instance, brought upon the death of so many people that no natural disaster is capable of doing. Kalbacher 4The fact that different countries have different laws is the only solid evidence backing Montesquieu's philosophy. 2)There are reasons for a country to have diverse laws in comparison to others.
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