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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 fact that different countries have different laws is the only solid evidence backing Montesquieu's philosophy. Most of these laws though are more dependent on the culture. 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:

Laws in general is human reason, in as much as it governs all the inhabitants of the earth: the political and civil laws of each nation ought to be only the particular cases in which human reason is applied. They should be adapted in such a manner to the people for whom they are framed that it should be a great chance if those of one nation suit another (Montesquieu Book 1: Ch 1)

Mankind are influenced by various causes: by the climate, by the religion, by the laws, by the maxims of government, by precedents, morals, and customs: whence is formed a general spirit of nations (Book XIV; Ch 3)

Many laws created though have no relation to environmental factors; they are conformed by reason and the temper of a nation. "The philosopher looked at nature as the source of justice and virtue. He never considered the point that humans make choices not

If it be true that the temper of the mind and the passions of the heart are extremely different in different climates, the laws ought to be in relation both to the variety of these passions and to the variety of those tempers (Montesquieu XIV; Ch.1)

perspectives towards law? There has to be some thesis that can explain these differences in thought:

Laws are created "by its relation to the physical environment, and religious and social phenomena and behavior"(Pangle 39). Without a doubt laws will be made to condition the environment a country resides. It only makes sense to do so.



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Approximate Word count = 1249
Approximate Pages = 5 (250 words per page double spaced)


  

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