Montesquieu

French Philosopher Montesquieu

Charles-Louis Montesquieu, otherwise known as Baron de Montesquieu, was a French noble, lawyer, and - most importantly - political philosopher of the enlightenment period. He is recognised as one of the founders of liberalism, particularly for his reflections on government and his influence on the American and French Revolutions.

Fig. 1 - Portrait of French philosopher, Charles de Montesquieu.

Life of Charles de Montesquieu

Montesquieu was born into a noble family in Bordeaux, France, in 1689. His father was from a respectable military household, and his mother was a wealthy heiress, bringing an estate and 'baron' title into the family. He inherited the title at age 7, when his mother died, and pursued an education in law throughout his young life. His father and uncle also died when he was young, leaving him with a large estate and the hereditary role of deputy president (judge) at the Parlement of Bordeaux, which was an important supreme court with jurisdiction over 2 million people.

While his wife looked after his businesses and estate, Montesquieu spent his life acquiring knowledge, often travelling to Paris to study, absorb its social life, and write alongside his legal profession. Starting in 1728, he embarked on a tour of Europe, developing his perspectives on politics and power through visits to Vienna, Hungary, Italy, and Britain. In Britain, he reflected particularly on liberty, government and the division of power.

He focused the later part of his life on writing political treatises (works which systematically discuss a political argument). This included several reflections on French and English politics until his most crucial work, L'Esprit des Lois, or The Spirit of the Laws.

Fig. 2 - Château de la Brède, the family home of Montesquieu, where he returned to and wrote most of his works after travelling.

His works are regarded as some of the most influential political writings of the Enlightenment, motivating revolutionary ideas and changing the understanding and structure of politics forever.

Montesquieu Theory

Montesquieu is regarded as being firmly within the tradition of classical liberalism

Separation of Powers

The theory that Montesquieu is most famous for forwarding is the idea of 'Separation of Powers. This theory argues that the branches and roles of government (legislative, executive, judiciary) should operate independently to prevent any individual or institution from becoming too powerful. This is important in preventing a leader from becoming too powerful or a despot.

State of Nature

In common with other liberal thinkers such as Hobbes and Rousseau, Montesquieu is concerned with the idea of the state of nature. State-of-nature theories involve a hypothetical description of the world before politics and institutions. Philosophers use it to explain their view on human nature and the need for power structures.

Like Hobbes, he considers the futility of life in the state of nature, although he believed that people were mainly motivated by fear rather than self-interest. Following their search for food, shelter, and safety, humans inevitably form societies, leading to war (not the state of nature itself). Montesquieu believed that laws and government would arise from this conflict.

Economics and Commerce

Montesquieu discussed the benefits of commerce to society and the world in The Spirit of the Laws. He considered commerce as "a cure for the most destructive prejudices" .1 Montesquieu saw the benefits of trade and capitalism in bringing people together through cooperation and that it could lead to peace. This idea of commerce being a civilising force is referred to as doux commerce, or "gentle commerce", and represents enlightenment ambitions for societal progress.

Although remembered for his contributions and reflections on government, Montesquieu developed liberal reflections on economics, especially through his comparative approach to history. This helped to inform significant economists such as Adam Smith and David Hume.

Montesquieu's Beliefs in Government

It is Montesquieu's reflections on government that he is most known.

The Political Context of the Time of Montesquieu

France had long been under the feudal Ancien Régime (the 'Old Regime'), where society was strictly hierarchical, with the monarchy at the top, the clergy and aristocracy forming the elite, and the rest being denied any political power. The distribution of political power was uneven and unequal, and its application was often arbitrary, subject to the whims of individual monarchs or aristocrats. Spiritual and temporal power - the divide between the Church and the state - was poorly defined.

This backdrop undoubtedly informed Montesquieu's views on government and the risk of despotic power.

Categorisations of Power

Montesquieu focused on studying and explaining forms of governance, reflecting on historical examples (such as ancient Rome), and being informed by the political systems he saw in different countries during his travels.

He began re-theorising the existing ideas of political governance, which had been: monarchy, aristocracy, and democracy.

He instead saw governments and power in three new categorisations: republican, monarchical, and despotic. Each of these is guided by its moral systems and interpretation of the rule of law.

Republic:

For Montesquieu, a republican form of government was one where power lies with the people. He argued that a republic could be democratic if power resided with the general population or aristocratic if power belonged to a select few. He believed virtue, or good honest governance is a true republic's guiding idea.

Monarchy:

The people are subjects to a ruling monarch, who has ultimate power over laws and government. Nevertheless, the monarch still leads by honour, being held to account as the direct representative of God and by fixed rules and laws.

Despot:

Montesquieu was most critical of despotic power, describing a system or society where total power lies with a central leader or despot. Rather than following particular virtues or being held to account by God, a despot rules through fear and tyranny. He believed that despotic rule was a risk to all countries, especially when power was not kept in check.

Montesquieu's focus on preventing despotic power informed his advocacy for the separation of powers.

Montesquieu Separation of Powers

At the base of this theory, Montesquieu stressed that power should never be concentrated under one person or institution. Instead, different branches of government should operate separately to ensure a balance of power and authority.

He warned that if power was not effectively distributed, liberty would not be possible, and there would be the constant threat of despotic power.

Montesquieu's Three Forms of Power

Montesquieu argued that to maintain a balance so that power never lies with one individual, the three branches - legislative, executive, and judiciary - had to operate separately.

• Legislative - the lawmakers that should be representative of the people.
• Executive - the decision maker, placed in the hand of the monarch.
• Judiciary - the court or interpreters of laws and rules.

Not only should they be separate entities, but Montesquieu stressed that their role and operation are also entirely different. There should be no overlap between members of each branch.

Through each branch operating separately, it would also generate a system of 'checks and balances', ensuring no branch would gain too much authority.

Checks and Balances

The idea of checks and balances is that through each branch operating separately, they compete against one another with different interests and needs. Alongside this, each branch has methods to protect its interests and to keep the others in check.

This internal conflict within the government ensures a level of balance, enabling each branch to operate as an equal. It also prevents one entity from having too much power, protecting the rights and liberties of the citizens from a too-powerful despot.

Montesquieu Spirit of the Laws (1748)

Fig. 3 - Charles de Montesquieu's L'esprit des Lois, or Spirit of the Laws, Vol. 2.

Published anonymously in 1748, Montesquieu's principal work is a treatise on political theory, reflecting most importantly on the separation of powers, as well as several other significant liberal principles.

The book covers a wide variety of reflections, focusing on law, life, and anthropology (the study of people and society).

The book uses 'law' as its central point of reference - Montesquieu was indeed a judge by trade. However, he utilises this to reflect on a broad variety of political issues. The 'rule of law' is a central element of liberal thought and writings, which Montesquieu helped develop,

Most importantly, he considers and discusses the separation of power within government. But he also explores the role of law and its impact on society, political differences across the world, and commerce.

This work is most famous for establishing key principles such as the separation of power and checks and balances and engraining the idea of despotism and the rule of law within political discussions.