The Spirit of Laws

Montesquieu believes that all human beings are naturally endowed with an equal capacity to reason, but he explores wide varieties in their character and abilities. What are the supposed causes of these vast human differences, and is he right? Consult at least two outside sources to support your answer to the latter question, and apply them to specific examples in the treatise.

Montesquieu asserts that in a country whose laws foster liberty, even a prisoner with a death sentence has more freedom than an authority in a despotic country (188). What does this counterintuitive statement say about the author’s concept of liberty, and how does this concept reflect his approach to human nature? Where else is this attitude present in the treatise?

Montesquieu identifies three essential types of government and ascribes to each an animating principle: virtue for republics, honor for monarchies, and fear for despotic states. If you believe his choices could be improved—whether for government types or their assigned principles—then make your case for a more accurate selection. Cite at least three examples from the text to illustrate your choice’s superiority.

What is political liberty, according to Montesquieu? How does it relate to moderation in governance? How might Montesquieu’s idea of liberty clash with the dominant sense of political liberty in the contemporary world?

Montesquieu prescribes different degrees of liberty depending on the country and government. Why? Is he right to do so? Are freedoms natural rights or are they constructed by the government in accordance with the needs of the people?

Montesquieu claims that climate predictably impacts the development of human character—regarding both national spirit and gender roles—but his rationale diverges from modern principles of scientific thinking. Research the history of the scientific method, particularly spanning from the Enlightenment to present day. Use this research to identify three additional examples in Montesquieu’s treatise where the author demonstrates a scientific mentality that differs from current scientific practices.

Montesquieu has complicated views regarding sex relations, the treatment of women, the character of various peoples and classes, and the conditions of slavery. In what ways are Montesquieu’s ideas problematic, sexist, or racist? In what way is Montesquieu committed to the idea that all peoples are equal? How can one account for the seeming contradictions in his perspective?

For Montesquieu, religions are capable of influencing political situations for better and for worse. What examples does he provide, and do they support his point? Is his view of religion cynical? Why or why not?