Montesquieu

Nature/facts of government

"That a republican government is that in which the body or only a part of the people is possessed of the supreme power: monarchy, that in which a single person governs by fixed and established laws: a despotic government, that in which a single person directs every thing by his own will and caprice." WHEN the body of the people is possessed of the supreme power, this is called a democracy. When the supreme power is lodged in the hands of a part of the people, it is then an aristocracy. Aristocratical families ought, therefore, as much as possible, to level themselves, in appearance, with the people. The more an aristocracy borders on democracy, the nearer it approaches to perfection; and, in proportion as it draws towards monarchy, the more it is imperfect

Despotism

"While moderate governments are supported by laws and internal strength, despotic governments enforce their power through fear" (SL, III, 9). Despotism is grounded in the power of taking life away and, inherently, cannot be bound by any laws - the caprices of the ruler are subversive to all other factors a despot must maintain constant control over violence for "when a despotic prince ceases for one single moment to uplift his arm, when he cannot instantly demolish those whom he has entrusted with the first employments, all is over." (SL, III, 9) Instead of promoting honour, a despot will extinguish all sense of ambition of those in positions of power, restraining magistrates by "examples of severity" (SL, XI, 21).

Natures

"that by which it [the government] is constituted" (SL, III, 1). While the prince is indeed the source of all civil and political power, Montesquieu asserts that the nature, or structure, of a monarchy is composed of intermediate, subordinate, and dependent powers (SL, II, 4). He highlights the importance of intermediate powers, of whom the most natural is the nobility. ). The nature of a despotic government is described in The Spirit of the Laws as "a single person directs everything by his own will and caprice" (SL, II, 1). This despotic prince then, luxuriating in his riches and indolence, resigns the administration and execution of this power to a single person - a vizir (SL, II, 5).

Principles

"that by which it [the government] is made to act" (SL, III, 1). Monarchy: that "Honour is the spring which gives motion to monarchy" (SL, Preface) and is fundamental to generating political virtue (SL, III, 8). Montesquieu argues that honour cannot ever be present in a despotic government - it can be found only in a government with a fixed constitution and settled laws (SL, III, 8). Rather, fear, and fear of the ruler, in particular, is the spring of a despotic government. Despotism: Fear Republic: virtue

Life within despotic regime

"under the despot, [all men] are equal, but only because they are nothing" (SL, VI, 2). Montesquieu graphically expounds upon life within a despotic government in Book 23 of The Spirit of the Laws, stating "men perish with an insensible and habitual disease; born in misery and weakness, in violence or under the influence of a wicked administration" (SL, XXIII, 28.) Cannot have liberty political slavery: subservient to the absolute will of the despot. Montesquieu likens this existence to that of a beast - based on instinct, compliance, and punishment (SL, XV, 1). this paucity of civil law and institutions in a despotic government creates a vicious cycle in which nothing is repaired nor improved (SL, V, 14).

Republic

- Political virtue: Love of country o No room for sense of self, cannot but think of politics o No sense of self => part of a whole, all the same thing (Troglodytes) ♣ TOTAL equality +. If not you are not a part, you are separate, distinct, different • Need extraordinarily powerful ruler to regulate • Self regulating; self abnegation • ISSUE: ambition arises, fragility of this utopia o Revolt against the legislated equality o Hard to generate: if you want liberty: REBEL - Subjects contrained: people drive for self interest (liberty) => destroys In a republic => people = because everything

independent judiciary

MONARCHY: - if king could judge: remove need for intermediate parties, pardoning, a valuable power of the prince from which he draws his subjects' love (SL, VI, 21), would become void or hypocritical (SL, VI, 4). - Tribunals are also vital in a monarchy to ensure that the property and life of citizens are as secure and fixed as the very constitution of the state (SL, VI, 1). - parlements o Depositories of the history of all the laws o Liberty is slow; hold up the monarch o Body of nobility: hierarchy ♣ No tax, special laws that allow them to protect their property, special laws to protect status, laws about deference • Cannot engage in commerce:

Monarchy sustainable

Monarchy's sustainability, however, is assured by the order of succession, which is grounded in political law, thus preserving the welfare of the state and longevity of the kingdom (SL, XXVI, 16).

Monarchy

The prejudice of every person and rank (SL, III, 6), results in an aspiration for power and titles (SL, II, 7). By virtue of this ambition, each individual in a monarchy serves the public good whilst promoting their own self-interest. Nevertheless, Montesquieu argues that this competition for power is inherently self-restrictive, attesting that "in monarchical ... states, the power is limited by its very spring. I mean by honour, which, like a monarch, reigns over the prince and his people" (SL, III, 10).

Abuses of French monarchy

The previous monarchy of Louis XIV, whose absolutism is best epitomized by his statement "L'État, c'est Moi" (Rowen, SL, 06)erambitions of the monarch in check,mple to sample going to get different ean pursuit and debates to set the agenda, rule1960), was most likely an inspiration for this warning. At the age of 23, Louis XIV announced to his council, "It is now time that I govern [the government of my affairs] myself. You [secretaries and ministers of state] will assist me with your counsels when I ask for them. I request and order you to seal no orders except by my command, . . . I order you not to sign anything, not even a passport . . . without my command; to render account to me personally each day and to favor no one." (Spielvogel, 1991) --- "a monarchy is ruined when the prince, referring everything to himself exclusively, reduces the state to its capital, the capital to the court, and the court to his person alone." (SL, XVIII, 6)--- - Tsin and Sui, monarchies in which the prince governed without an intermediary (SL, XVIII, 6), and then affirms that this fault causes the corruption of almost all monarchies. Montesquieu: immersed in court society and a regular of the salon of Madame de Lambert, : by French elites who refuted the extravagances and absolutism of Louis XIV and, later, the Duke of Orleans.

Nobility in Monarchy

These intermediate channels regulate the will of the sovereign, for if no such limit existed, the government would rely solely on the capricious will of the prince, thus annulling the possibility of any fundamental law. Without the privileges that favour members of the intermediate channels (SL, V, 9) and restrain the ambition of the monarch, Montesquieu argues that a monarchy would degrade into despotism (SL, II, 4).

venal system monarchy

Venal system in Monarchy - Can pursue ambition - Buying office keeps everything in check - Nobility have privileges want to have - Commoners want to be them - not overturn them - acquire capital (commerce0 and buy into the nobility Hence: monarchy most suitable for commerce - Showing what monarchy should be - Honor: buy into stratification of power => to destroy nobility threatens psychology underpinning Monarch's power

3 types of power in a government

legislative power, the executive power of the state, and the power of judging (SL, XI, 6). - Monarchies are identified as moderate forms of government, as the legislative power and executive power of the state are controlled by the prince, while the power of judging is left to the subjects (SL, XI, 6). : SEPARATION OF POWERS: While the executive power should be left to the monarch, to allow for immediate action, the Prince's function is to establish judges, not judge (SL, XI, 11). Montesquieu warns that when the three powers are united and wielded by the capricious will of a ruler, despotism reigns (SL, XI, 6). Where no separate depository exists, the prince holds judicial powers - the judge becomes the rule, and the law is solely the momentary will of the prince (SL, V, 17). - fundamental law cannot exist (SL, II, 4). Without these laws, mores and manners hold more precedence over comportment, and punishment is severe - as "in despotic countries, one is so unhappy that one fears death more than one cherishes life." (SL, XX)