PhilosophersMontesquieu

Montesquieu

To prevent abuse, power must check power.

Enlightenment · Liberalism1689 – 1755 FranceEnlightenment philosopherPolitical thinkerJuristNovelist
In short

Montesquieu (1689 – 1755, France) : enlightenment and liberalism. Laws do not fall from the sky at random: they have causes. Climate, religion, customs, trade and the form of government make up the "spirit" of a nation, and a good law must suit it. On AskPhilosophy: 4 reconstructed arguments, 7 quotes checked word for word against the original texts, and 3 common beliefs examined; every text carries an authenticity badge (written by the author, posthumous, student notes, reported, apocryphal).

In 30 secondsLaws do not fall from the sky at random: they have causes. Climate, religion, customs, trade and the form of government make up the "spirit" of a nation, and a good law must suit it. But there is a justice older than all laws. And one rule holds everywhere: every man invested with power is apt to abuse it. For citizens to be free, power must therefore check power.
Why he matters

The framers of the American Constitution (1787) quote him constantly: his idea of one power limiting another is at the heart of almost every modern constitution. He is also a founder of sociology: he looks for the causes of laws instead of only judging them. His Persian Letters invent a foreign gaze to show the French their own oddities.

His times

Baron of La Brède and président à mortier in the Parlement of Bordeaux, a senior judge. He sold his office to travel in Europe (1728-1731) and stayed almost two years in England. His two great books appeared without his name, but everyone knew they were his. The Church put The Spirit of the Laws on the Index in 1751.

His positions

click a row to see the evidence
Does God exist?God
AtheismTheism
Debated among scholars

He posits a creating and preserving God who acts by rules, and finds it absurd that a "blind fatality" produced intelligent beings. A deist for many readers, a moderate Catholic for others: he defends religion mainly for its political usefulness, and his books on religion are not yet in our corpus.

Where does knowledge come from?Source of knowledge
Empiricism (from experience)Rationalism (from reason)
Majority interpretation

His method starts from observation: he examines the laws and customs of all peoples before laying down principles. But he also believes in necessary relations that reason grasps, as in geometry.

Can we reach certain truths?Certainty
SkepticismCertainty attainable
Majority interpretation

He thinks he has found principles from which particular cases follow "as of themselves". Yet he stays cautious: he will reform nothing without knowing the whole constitution of a state.

Is the mind more than matter?Mind and body
MaterialismTook no stanceDualism
Debated among scholars

He does not address the question in our texts. He believes in a soul, but describes at length how the body and climate (the "fibres") act on character: a period physiology, now outdated.

Are we truly free?Freedom
Determinism (no free will)Free will
Majority interpretation

Intelligent beings "act of themselves": that is why they can disobey laws. Climate pushes people but does not doom them: good legislators fight its effects.

Do good and evil exist objectively?Status of morality
Anti-realism (morality is human-made)Moral realism (objective moral truths)
Stated explicitly

There are relations of justice before any written law. Saying that nothing is just or unjust without the law is saying that before a circle was drawn its radii were not equal.

Can reason judge everything, faith included?Faith and reason
Primacy of faith / the heartReason alone judges
Majority interpretation

He studies religions as an observer, by their effects on laws and customs. In the Persian Letters, Usbek holds that even without God we would have to love justice: morality does not depend on faith.

Does life have a given meaning?Meaning of life
No given meaning (absurd, to be created)Took no stanceObjective meaning (nature, God, the Good)
Debated among scholars

He does not ask the question directly. He only says he would be "the most happy of mortals" if he could cure people of their prejudices.

Are humans naturally good?Human nature
Fundamentally weak or corruptFundamentally good or perfectible
Majority interpretation

Man is a "flexible being" who bends to the ideas of others. He is neither good nor bad by nature, but whoever has power tends to abuse it: so limits are needed, even for virtue.

Who comes first: the individual or the community?Individual and society
Community, order, traditionIndividual liberty
Majority interpretation

Political liberty is security: not having to fear another citizen. But it is not doing what one likes: it is doing what the laws permit. He also cares a great deal about intermediate bodies (nobility, parlements) and the customs of each people.

What makes an action good?Basis of morality
Duty (deontology)Consequences (consequentialism)Character (virtue ethics)Other (divine law, relationships, value creation…)
Majority interpretation

A natural-law ethics: justice is a "relation of fitness" between things, as real as a geometrical relation, which human laws must follow.