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Charles de Secondat baron de Montesquieu

Explores the essentials of good government; compares and contrasts despotism, monarchy, and democracy; and discusses the factors that lead to the corruption of governments; education of the citizenry, crime and punishment, abuse of power and of liberty, individual rights, taxation, slavery, the role of women, commerce, religion, and a host of additional subjects.

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Taner Akçam,Umit Kurt

Pertinent to contemporary demands for reparations from Turkey is the relationship between law and property in connection with the Armenian Genocide. This book examines the confiscation of Armenian properties during the genocide and subsequent attempts to retain seized Armenian wealth. Through the close analysis of laws and treaties, it reveals that decrees issued during the genocide constitute central pillars of the Turkish system of property rights, retaining their legal validity, and although Turkey has acceded through international agreements to return Armenian properties, it continues to refuse to do so. The book demonstrates that genocides do not depend on the abolition of the legal system and elimination of rights, but that, on the contrary, the perpetrators of genocide manipulate the legal system to facilitate their plans.

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Anne M. Cohler,Basia Carolyn Miller,Harold Samuel Stone

The Spirit of the Laws is without question one of the central texts in the history of eighteenth-century thought, yet there has been no complete scholarly English language edition since 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted.

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Juan Obarrio

Mozambique has been hailed as a success story by the international community, which has watched it evolve through a series of violent political upheavals: from colonialism, through socialism, to its current democracy. As Juan Obarrio shows, however, this view neglects a crucial element in Mozambique’s transition to the rule of law: the reestablishment of traditional chieftainship and customs entangled within a history of colonial violence and civil war. Drawing on extensive historical records and ethnographic fieldwork, he examines the role of customary law in Mozambique to ask a larger question: what is the place of law in the neoliberal era, in which the juridical and the economic are deeply intertwined in an ongoing state of structural adjustment? Having made the transition from a people’s republic to democratic rule in the 1990s, Mozambique offers a fascinating case of postwar reconstruction, economic opening, and transitional justice, one in which the customary has played a central role. Obarrio shows how its sovereignty has met countless ambiguities within the entanglements of local community, nation-state, and international structures. The postcolonial nation-state emerges as a maze of entangled jurisdictions. Ultimately, he looks toward local rituals and relations as producing an emergent kind of citizenship in Africa, which he dubs “customary citizenship,” forming not a vestige of the past but a yet ill-defined political future.

download ebook montesquieu: the spirit of the laws pdf epub

Charles de Montesquieu

The Spirit of the Laws is, without question, one of the central texts in the history of eighteenth-century thought, yet there has been no complete, scholarly English-language edition since that of Thomas Nugent, published in 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was, for example, such an influence upon those who framed the American constitution. Fully annotated, this edition focuses attention upon Montesquieu's use of sources and his text as a whole, rather than upon those opening passages towards which critical energies have traditionally been devoted, and a select bibliography and chronology are provided for those coming to Montesquieu's work for the first time.

download ebook montesquieu: the spirit of the laws pdf epub

Charles de Secondat baron de Montesquieu,Anne M. Cohler,Basia Carolyn Miller,Harold Samuel Stone

The Spirit of the Laws is without question one of the central texts in the history of eighteenth-century thought, yet there has been no complete scholarly English language edition since 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted.

download ebook montesquieu: the spirit of the laws pdf epub

Charles de Montesquieu

The Spirit of the Laws is without question one of the central texts in the history of eighteenth-century thought, yet there has been no complete scholarly English language edition since 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted.

download ebook the theological basis of liberal modernity in montesquieu's

Thomas L. Pangle

The Spirit of the Laws—Montesquieu’s huge, complex, and enormously influential work—is considered one of the central texts of the Enlightenment, laying the foundation for the liberally democratic political regimes that were to embody its values. In his penetrating analysis, Thomas L. Pangle brilliantly argues that the inherently theological project of Enlightenment liberalism is made more clearly—and more consequentially— in Spirit than in any other work. In a probing and careful reading, Pangle shows how Montesquieu believed that rationalism, through the influence of liberal institutions and the spread of commercial culture, would secularize human affairs. At the same time, Pangle uncovers Montesquieu’s views about the origins of humanity’s religious impulse and his confidence that political and economic security would make people less likely to sacrifice worldly well-being for otherworldly hopes. With the interest in the theological aspects of political theory and practice showing no signs of diminishing, this book is a timely and insightful contribution to one of the key achievements of Enlightenment thought.

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Charles de Secondat Montesquieu

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ... security which was called firmitas;* but this could not be an homage, since the kings gave it to another, f And though the abbot SugerJ makes mention of a chair of Dagobert, in which according to the testimony of antiquity, the kings of France were accustomed to receive the homage of the nobility; it is plain that he expresses himself agreeably to the ideas and language of his own time. "When the fiefs descended to the heirs, the acknowledgment of the vassal, which at first was only an occasional service, became a regular duty, It was performed in a more solemn manner, and attended with more formalities because it was to be a perpetual monument of the reciprocal duties of the lord and vassal. I should be apt to think, that homages began to be established under King Pepin, which is the time I mentioned that several benefices were given in perpetuity, but I should not think thus without caution, and only upon a supposition that the authors of the ancient annals of the Franks were not ignorant pretenders, who in describing the fealty professed byTassillon, duke of Bavaria, to King Pepin, spoke according to the usages of their own time. Chap. XXXIV.-- The same Subject continued. When the fiefs were either precarious or for life, they seldom had a relation to any other than the political laws; for which reason in the civil institutions of those times there is very little mention made of the law of fiefs. But when they were become hereditary, when there was a power of giving, selling, and bequeathing them, they had a relation both to the political and the civil laws. The fief, considered as an obligation of performing military service, depended on the political law; considered as a kind of commercial property, it depended on the civil...

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Charles Secondat De Montesquieu

This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.

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Charles de Secondat Montesquieu, baron de,Charles-Louis De Montesquieu

Montesquieu's The Spirit of Laws is an enduring classic of social and political theory deserving a fresh reading every generation. The modern reader, however, is likely to find a work that ran to over a thousand pages in its two-volume first edition a bit overwhelming. Presented here, therefore, is the first English-language compendium of The Spirit of Laws, together with the first English translation of the posthumously published treatise containing the physiological theory underlying Montesquieu's theory of climate.

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Charles de Secondat, Baron de Montesquieu

Laws, in their most general signification, are the necessary relations arising from the nature of things. In this sense all beings have their laws: the Deity His laws, the material world its laws, the intelligences superior to man their laws, the beasts their laws, man his laws. They who assert that a blind fatality produced the various effects we behold in this world talk very absurdly; for can anything be more unreasonable than to pretend that a blind fatality could be productive of intelligent beings? There is, then, a prime reason; and laws are the relations subsisting between it and different beings, and the relations of these to one another. God is related to the universe, as Creator and Preserver; the laws by which He created all things are those by which He preserves them. He acts according to these rules, because He knows them; He knows them, because He made them; and He made them, because they are in relation to His wisdom and power. Since we observe that the world, though formed by the motion of matter, and void of understanding, subsists through so long a succession of ages, its motions must certainly be directed by invariable laws; and could we imagine another world, it must also have constant rules, or it would inevitably perish. Thus the creation, which seems an arbitrary act, supposes laws as invariable as those of the fatality of the Atheists. It would be absurd to say that the Creator might govern the world without those rules, since without them it could not subsist. These rules are a fixed and invariable relation. In bodies moved, the motion is received, increased, diminished, or lost, according to the relations of the quantity of matter and velocity; each diversity is uniformity, each change is constancy. Particular intelligent beings may have laws of their own making, but they have some likewise which they never made. Before there were intelligent beings, they were possible; they had therefore possible relations, and consequently possible laws. Before laws were made, there were relations of possible justice. To say that there is nothing just or unjust but what is commanded or forbidden by positive laws, is the same as saying that before the describing of a circle all the radii were not equal. We must therefore acknowledge relations of justice antecedent to the positive law by which they are established: as, for instance, if human societies existed, it would be right to conform to their laws; if there were intelligent beings that had received a benefit of another being, they ought to show their gratitude; if one intelligent being had created another intelligent being, the latter ought to continue in its original state of dependence; if one intelligent being injures another, it deserves a retaliation; and so on. But the intelligent world is far from being so well governed as the physical. For though the former has also its laws, which of their own nature are invariable, it does not conform to them so exactly as the physical world. This is because, on the one hand, particular intelligent beings are of a finite nature, and consequently liable to error; and on the other, their nature requires them to be free agents. Hence they do not steadily conform to their primitive laws; and even those of their own instituting they frequently infringe. Whether brutes be governed by the general laws of motion, or by a particular movement, we cannot determine. Be that as it may, they have not a more intimate relation to God than the rest of the material world; and sensation is of no other use to them than in the relation they have either to other particular beings or to themselves. By the allurement of pleasure they preserve the individual, and by the same allurement they preserve their species. They have natural laws, because they are united by sensation; positive laws they have none, because they are not connected by knowledge. And yet they do not invariably conform to their natural laws; these are better observed by vegetables, that have neither understanding nor sense. Brutes are deprived of the high advantages which we have; but they have some which we have not. They have not our hopes, but they are without our fears; they are subject like us to death, but without knowing it; even most of them are more attentive than we to self_preservation, and do not make so bad a use of their passions. Man, as a physical being, is like other bodies governed by invariable laws. As an intelligent being, he incessantly transgresses the laws established by God, and changes those of his own instituting. He is left to his private direction, though a limited being, and subject, like all finite intelligences, to ignorance and error: even his imperfect knowledge he loses; and as a sensible creature, he is hurried away by a thousand impetuous passions.

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Baron De Montesquieu,David E. Fritsche

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 lawyer, man of letters, and political philosopher who lived during the Age of Enlightenment. He is famous for his articulation of the theory of separation of powers, which is implemented in many constitutions throughout the world. He did more than any other author to secure the place of the word despotism in the political lexicon, and may have been partly responsible for the popularization of the terms feudalism.

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Charles de Secondat Montesquieu

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1899. Excerpt: ... OF LAWS IN RELATION TO COMMERCE, CONSIDERED IN THE REVOLUTIONS IT HAS MET WITH IN THE WORLD HOUGH commerce be subject to great revolutions, yet it is possible that certain physical causes, as the quality of the soil, or the climate, may fix its nature forever. We at present carry on the trade of the Indies merely by means of the silver which we send thither. The Romans carried annually thither about fifty millions of sesterces; a and this silver, as ours is at present, was exchanged for merchandise, which was brought to the West. Every nation that ever traded to the Indies has constantly carried bullion and brought merchandise in return.6 It is nature itself that produces this effect. The Indians have their hearts adapted to their manner of living. Our luxury cannot be theirs; nor theirs our wants. Their climate demands and permits hardly anything which comes from ours. They go in a great measure naked; such clothes as they have the country itself furnishes; and their religion, which is deeply rooted, gives them an aversion for those things that serve for our nourishment. They want, therefore, nothing but our bullion to serve as the medium of value; and for this they give us merchandise in return, with which the frugality of the people and the nature of the country furnish them in great abundance. Those ancient authors who have mentioned the Indies describe them just as we now find them, as to their policy, customs, and marners.c The Indies have ever been the same Indies they a Pliny, lib. VI. cap. xxiii. c See Pliny, book VI. chap, xix., and b Seei Pausanias, " Laconia," tine III. Strabo, book XV. 1.--Some general Considerations are at present; and in every period of time those who traded with that country carried specie thither and brought none in return. 2.--Of the People of Afri...