montesquieu Flashcards

1
Q

what kind of aristocracy was he born into?

A

French aristocracy

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2
Q

what does he go to practice?

A

criminal law as a prosecutor

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3
Q

what academy did he join?

A

bordeaux

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4
Q

3 most influential books

A

Persian letters
Considerations
Spirit of laws

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5
Q

when were Persian letters published

A

1721

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6
Q

what is the premise of the Persian letters

A

2 wealthy Persian men travel to Paris and send letters back to their homeland observing the city from an outsiders pov

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7
Q

Persian letters are critical of what?

A

Parisian society opulence - promoting view of factual relativism
French religious practices - promoting that religious belief is relative

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8
Q

story of troglodytes

A

tribe ravaged by a plague
doctors comes to help but troglodytes don’t compensate him so doctor refuses to help when plague comes back

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9
Q

what was Montesquieu interested in?

A

human behavior

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10
Q

within human behavior what did he specifically want to figure out?

A

explanations as to why cultural differences exist and why different legal systems emerge

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11
Q

why did the republic fall?

A

specific actions by specific actors
caesar lusted for power and gained enemies

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12
Q

why does Montesquieu believe if caesar didn’t cause the republic to fall it would have been someone else?

A

there were structural issues

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13
Q

why does Montesquieu want to unearth the fundamental principles that rule the social world?

A

he refuses to accept that things happen by chance

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14
Q

greatest contribution of spirit of laws

A

endorsement of separation of powers

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15
Q

main contribution of spirit of laws

A

classification of governments

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16
Q

four classifications of government

A

monarchy
despotism
aristocratic republic
democratic republic

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17
Q

nature

A

determined by what institutions the power of a government rests

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18
Q

principle

A

the spiritual quality that animates laws of a state

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19
Q

monarchy (france): Nature

A

concentrated power in a ruler/ruling family

20
Q

monarchy: principle

A

social hierarchies exist that do not form communities across class lines
checks exist on king
tacit approval is necessary

21
Q

despotism: nature

A

concentrated power in ruler/ruling family

22
Q

despotism: principle

A

unfettered concentration of power in hands of despot
no checks under ruler
will is the law
sustained on fear

23
Q

aristocratic republic (Ancient Rome): nature

A

political power is shared among small group

24
Q

aristocratic republic: principle

A

pursue virtue as it is envisioned by aristocratic class
set aside personal interests for public good

25
Q

democratic republic (modern western countries): nature

A

political power is spread throughout the state among citizens

26
Q

democratic republic: principle

A

pursue virtue as envisioned by general public

27
Q

what does he say the gov’s “spirit” is?

A

vital force

28
Q

why is no law inherently good or bad?

A

because they are so closely related

29
Q

if you live in a republic why is education important?

A

fosters a love of republicanism and its laws - promoting stability

30
Q

why is his social scientific approach so important?

A

he focuses on the real rather than the ideal which gives his views more legitimacy

31
Q

what type of government does he endorse is the best?

A

republicanism

32
Q

what does Montesquieu believe about society?

A

it is capable of transforming human passion into virtue

33
Q

why does transforming passion into virtue become more complex in a monarchy?

A

corruption is more likely

34
Q

what does Montesquieu argue?

A

people are inherently self interested and prone to abuse power

35
Q

should power be checked?

A

yes

36
Q

why should power be separated?

A

avoid people abusing power

37
Q

what is the most workable solution for separation of powers?

A

having an executive, legislature and independent judiciary

38
Q

montesquieu is a humanist with a concern for what?

A

political stability

39
Q

what does he wants to discover?

A

preconditions necessary for liberty and stability

40
Q

why shouldn’t we focus on idealized ancient forms of gov?

A

they don’t exist

41
Q

what is most realistic for citizens to hope for?

A

stable gov that protects its citizens against abuse

42
Q

is negative or positive freedom greater?

A

negative

43
Q

views of negative freedom focus on

A

protections from individuals but he confronts protections against gov too

44
Q

2 central arguments w/ regard to how the gov can violate liberty of men

A

violating laws, which is abuse to citizens
laws are unsatisfactory

45
Q

how to deal with situations of the gov violating liberty of men?

A

proper constitutions is the best safeguard against a gov violating its own laws
separation of powers - independent judiciary