Notes on the spirit of laws governmental forms
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Aristotle would say that the end of politics is happiness and the means to that end would be virtue. He believes the state exists for the sake of the individual. Machiavelli would say that the stability of the State and the Power of the Prince is the ultimate end and that we should preserve the state at every cost; the end justifies the means. Finally Montesquieu would say that the State should be a reflection of the people. In his great work, Spirit of the Laws, he describes his purpose for writing, “I do not pretend to treat of laws, but of their spirit; and as this spirit consists in the various relations which the laws may bear to different objects, it is not so much my business to follow the natural order of laws as that of these relations and objects.”
The constitution of the country, explains Montesquieu, is a reflection of what the people are. If people want to have a democracy then laws will be passed to make all property equal. If the people want government to take care of their needs then a pure democracy or socialism would be established. A perfect government is one where the nature of the people are congruent to the nature of a government and the nature of a government is in congruence with the nature of the people. Is it any wonder why the people of certain countries in Europe are content with their socialist regime where the medical, educational and other sumptuary needs are controlled? They are a people that truly want a socialized government. “The government most comfortable to nature is that which best agrees with the humour and disposition of the people in whose favour it is established.”
The Spirit of Laws is comprehensive of the many and diverse kinds of people and therefore, the many types of government that should exist for the diverse peoples. He describes that the physical laws are constant, patterned, ordered, and predictable. However, opposite are the laws that govern the intelligent. Human beings are unpredictable and subject to error. Mediocrity exists because excellence abounds; evil is present because good exists; ignorance throngs our society because intelligence reigns. Writes Montesquieu, “Particular intelligent beings are of a finite nature, and consequently liable to error…their nature requires them to be free agents. Hence they do not steadily conform to their primitive laws; and even those of their own instituting they frequently infringe.” Thus the intelligent world is not as easily governed as the physical. He proposes that each country study their people and conform the government to balance with the people.
The constitution of the country, explains Montesquieu, is a reflection of what the people are. If people want to have a democracy then laws will be passed to make all property equal. If the people want government to take care of their needs then a pure democracy or socialism would be established. A perfect government is one where the nature of the people are congruent to the nature of a government and the nature of a government is in congruence with the nature of the people. Is it any wonder why the people of certain countries in Europe are content with their socialist regime where the medical, educational and other sumptuary needs are controlled? They are a people that truly want a socialized government. “The government most comfortable to nature is that which best agrees with the humour and disposition of the people in whose favour it is established.”
The Spirit of Laws is comprehensive of the many and diverse kinds of people and therefore, the many types of government that should exist for the diverse peoples. He describes that the physical laws are constant, patterned, ordered, and predictable. However, opposite are the laws that govern the intelligent. Human beings are unpredictable and subject to error. Mediocrity exists because excellence abounds; evil is present because good exists; ignorance throngs our society because intelligence reigns. Writes Montesquieu, “Particular intelligent beings are of a finite nature, and consequently liable to error…their nature requires them to be free agents. Hence they do not steadily conform to their primitive laws; and even those of their own instituting they frequently infringe.” Thus the intelligent world is not as easily governed as the physical. He proposes that each country study their people and conform the government to balance with the people.
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