The Spirit of Law in the context of "Montesquieu"

⭐ In the context of Montesquieu’s *The Spirit of Law*, what primary contribution did the work make to the political vocabulary of the 18th century?

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⭐ Core Definition: The Spirit of Law

The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. Originally published anonymously, as was the norm, its influence outside France was aided by its rapid translation into other languages. In 1750 Thomas Nugent published an English translation, many times revised and reprinted in countless editions. In 1751 the Roman Catholic Church added De l'esprit des lois to its Index Librorum Prohibitorum ("List of Prohibited Books").

Montesquieu's treatise, already widely disseminated, had an enormous influence on the work of many others, most notably: Catherine the Great, who produced Nakaz (Instruction); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu's methods to a study of American society, in Democracy in America. British historian and politician Macaulay referenced Montesquieu's continuing importance when he wrote in his 1827 essay entitled "Machiavelli" that "Montesquieu enjoys, perhaps, a wider celebrity than any political writer of modern Europe" [1].

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👉 The Spirit of Law in the context of Montesquieu

Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 1689 – 10 February 1755), generally referred to as simply Montesquieu, was a French judge, intellectual, historian, and political philosopher.

He is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word despotism in the political lexicon. His anonymously published The Spirit of Law (De l'esprit des lois, 1748) first translated into English (Nugent) in a 1750 edition was received well in both Great Britain and the American colonies, and influenced the Founding Fathers of the United States in drafting the U.S. Constitution.

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The Spirit of Law in the context of Federalism

Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, states, cantons, territories, etc.), while dividing the powers of governing between the two levels of governments. Two illustrative examples of federated countries—one of the world's oldest federations, and one recently organized—are Australia and Micronesia.

Johannes Althusius (1563–1638) is considered the father of modern federalism, along with Montesquieu. In 1603, Althusius first described the bases of this political philosophy in his Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata. By 1748, in his treatise The Spirit of Law, Montesquieu (1689-1755) observed various examples of federalist governments: in corporate societies, in the polis bringing villages together, and in cities themselves forming confederations. In the modern era Federalism was first adopted by a union of the states of the Old Swiss Confederacy as of the mid-14th century.

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The Spirit of Law in the context of Federalisation

Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, states, cantons, territories, etc.), while dividing the powers of governing between the two levels of governments.

Johannes Althusius (1563–1638) is considered the father of modern federalism, along with Montesquieu. By 1748, in his treatise The Spirit of Law, Montesquieu (1689-1755) observed various examples of federalist governments: in corporate societies, in the polis bringing villages together, and in cities themselves forming confederations. In the modern era Federalism was first adopted by a union of the states of the Old Swiss Confederacy as of the mid-14th century.

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