Forms Of Government To Society example essay topic

... 's and liberty comes when people follow the laws. Even in a moderate government liberty is hard to find because man abuses power. That is why he thinks that power should be checked with equal power. 'One can not produce laws by following mere fancy and imagination because laws in their most general signification are the necessary relations arising from the nature of things' (1). Montisquieu outlines his program of combining rationalism (which emphasizes the universal) with the historical method (which emphasizes the uniquely individual) by describing law as relating to the amount of people in a state and the climatic conditions, and cultures of that state. In general Montisquieu believes that human nature is generally good.

The most perfect laws are created and maintained through their spirit rather than the laws themselves. He believes that a balanced constitution with a separation of powers is the most ideal form of government. He also believes that other forms of government to society as long as they are used in the context of that society. Finally he believes that the only way to have liberty is by having laws and having people in that society that are willing to obey those laws. Montesquieu Charles-Louis de Secondat, Baron de la Brede et de Montesquieu was born in 1689 of a noble family of good standing.

His family abandoned protestantism when Charleswas young. Charles like the children of most noble families at the time received a formal education. Through his latin studies he developed an affection for Stoicism. He became imbued with the religious tolerance of the Stoics. Afterreceiving an education in law he replaced his uncle as the chief justice in France.

He served this office for ten years when he decided to leave the profession and seek his love of writing. His first book was entitled the Persian Letterswhich he wrote in 1721. Through this book he showed the' irrationalities and imperfections of the western world' (1). Montisquieu used Locke as a mentor whom he called ' Thegreat instructor of mankind. ' During his travels Montisquieuwent to England. He marveled at the British political scene and the freedom of political journalism.

However he was more interested in the political institutions rather than the social economic problems that existed there, thus the lower class is absent from his writings. He liked the British system of government for various reasons. ' The government of England is wiser, because there is a body which examines it continuously and continuously examines itself; its errors never last long, and are often useful because of the spirit of attention they give to the people' (1). He also admired the idea of a balanced constitution of which the doctrine of separation of powers has become politically the expression. ' There can be no liberty where the executive, legislative, and judicial branches are under one person or body of persons because the result is arbitrary despotism (tyranny) ' (1).

Montisquieu believes that the only way for a government to be run fairly is by having a system that doesn't allow one person to control all of the power. Montisquieu says that forms of government are complex combinations of physical and environmental factors on one hand and psychological motivations-ways of life-on the other. Montisquieu openly disagrees with Hobbes by saying that men are in nature at peace rather than at war because the state of war comes from the formation of society not from human nature. Montisquieu believes that basic human nature is good. He says that men form societies to ensure themselves with security and protection.

Living alone man is at peace because he views himself as being weak. However when man joins society he finds strength in numbers which leads to the innate desire to war and conquer. Derived from the nature of the stateMontisquieu states three types of government. First is the Republican form. He says that this should be used in a small state with temperate weather conditions. This form of government has democratic powers, using representation to elect government officials.

The second form is the Monarchial form. This is for a medium sized state. This form has a king that rules by rules that have already been established by the people or kings before him. The third type is the Despotic form. This is for a large sized state with hot climate. In this form there is a tyrant who rules through fear without rules or regulations.

Montisquieu is interested in the spirit of the laws, rather than the law itself. He says that once mankind sets up society and government, there are three kinds of law. The first is the law of nations, which applies to their mutual intercourse ie international law. The second is political law. This applies to the relations between government and the governed.

This is constitutional, public, and administrative law. The third type is civil law. Civil law regulates the relations of citizens among themselves. These laws are created from reason. 'Montisquieu shared with the eighteenth-century French philosophers, rational, cosmopolitan humanists their optimism and faith in human progress through reason' (1).

Montisquieu states that law in general is the human reason. Montisuqieu maintains that society is directed by laws and liberty comes when people follow the laws. He also believes that other forms of government are per tenant to society as long as they a reused in the context of that society. He also admired the idea of a balanced constitution of which the doctrine of separation of powers has become politically the most influential expression. This is fora large sized state with a hot climate.

This form of government has democratic powers, using representation.