15 Baron de Montesquieu
19.4.3: Baron de Montesquieu
Montesquieu was a French political philosopher of the Enlightenment period, whose articulation of the theory of separation of powers is implemented in many constitutions throughout the world.
Learning Objective
Describe Montesquieu’s solution for keeping power from falling into the hands of any one individual
Key Points
- Montesquieu was a French lawyer, man of letters, and one of the most influential political philosophers of the Age of Enlightenment. His political theory work, particularly the idea of separation of powers, shaped the modern democratic government.
- The Spirit of the Laws is a treatise on political theory that was first published anonymously by Montesquieu in 1748. Montesquieu covered many topics, including the law, social life, and the study of anthropology, and provided more than 3,000 commendations.
- In this political treatise, Montesquieu pleaded in favor of a constitutional system of government and the separation of powers, the ending of slavery, the preservation of civil liberties and the law, and the idea that political institutions should reflect the social and geographical aspects of each community.
- Montesquieu defines three main political systems: republican, monarchical, and despotic. As he defines them, republican political systems vary depending on how broadly they extend citizenship rights.
- Another major theme in The Spirit of Laws concerns political liberty and the best means of preserving it. Establishing political liberty requires two things: the separation of the powers of government, and the appropriate framing of civil and criminal laws so as to ensure personal security.
- Montesquieu argues that the executive, legislative, and judicial functions of government (the so-called tripartite system) should be assigned to different bodies, so that attempts by one branch of government to infringe on political liberty might be restrained by the other branches (checks and balances). He also argues against slavery and for the freedom of thought, speech, and assembly.
Key Terms
- The Spirit of the Laws
- A treatise on political theory first published anonymously by Montesquieu in 1748. In it, Montesquieu pleaded in favor of a constitutional system of government and the separation of powers, the ending of slavery, the preservation of civil liberties and the law, and the idea that political institutions ought to reflect the social and geographical aspects of each community.
- separation of powers
- A model for the governance of a state (or who controls the state), first proposed in ancient Greece and developed and modernized by the French political philosopher Montesquieu. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The typical division of branches is legislature, executive, and judic