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
democratic republic (modern western countries): nature
political power is spread throughout the state among citizens
26
democratic republic: principle
pursue virtue as envisioned by general public
27
what does he say the gov's "spirit" is?
vital force
28
why is no law inherently good or bad?
because they are so closely related
29
if you live in a republic why is education important?
fosters a love of republicanism and its laws - promoting stability
30
why is his social scientific approach so important?
he focuses on the real rather than the ideal which gives his views more legitimacy
31
what type of government does he endorse is the best?
republicanism
32
what does Montesquieu believe about society?
it is capable of transforming human passion into virtue
33
why does transforming passion into virtue become more complex in a monarchy?
corruption is more likely
34
what does Montesquieu argue?
people are inherently self interested and prone to abuse power
35
should power be checked?
yes
36
why should power be separated?
avoid people abusing power
37
what is the most workable solution for separation of powers?
having an executive, legislature and independent judiciary
38
montesquieu is a humanist with a concern for what?
political stability
39
what does he wants to discover?
preconditions necessary for liberty and stability
40
why shouldn't we focus on idealized ancient forms of gov?
they don't exist
41
what is most realistic for citizens to hope for?
stable gov that protects its citizens against abuse
42
is negative or positive freedom greater?
negative
43
views of negative freedom focus on
protections from individuals but he confronts protections against gov too
44
2 central arguments w/ regard to how the gov can violate liberty of men
violating laws, which is abuse to citizens laws are unsatisfactory
45
how to deal with situations of the gov violating liberty of men?
proper constitutions is the best safeguard against a gov violating its own laws separation of powers - independent judiciary