47 pages 1 hour read

Montesquieu

The Spirit of Laws

Nonfiction | Book | Adult | Published in 1748

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Essay Topics

1.

What is the “spirit” of the laws? How does Montesquieu distinguish the subject matter of his treatise from traditional works on the law?

2.

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.

3.

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?