The Spirit of the Laws (Selections)

Introduction

For Montesquieu, laws are not the arbitrary creations of lawgivers but 'the necessary relations arising from the nature of things'. The laws of each country should suit its form of government, climate, soil, national character, religion, commerce and customs, and the sum of these relations is 'the spirit of the laws'. He divides governments into three kinds, republic, monarchy and despotism, whose principles are virtue, honour and fear. The most famous part of the work is Book XI's analysis of the English constitution: to prevent the abuse of power, 'power must check power', and the legislative, executive and judicial powers must be separated and held by different bodies. This doctrine of the separation of powers directly shaped the framing of the United States Constitution. This volume translates its most important parts.