Journal Article
Law and Art vs. Law and Technique: A Multidimensional Analysis of Montesquieu's Legislative Thought
by
Xinyue Liu
, Hongyu Xie
, Zhaowei Liang
, Wenzhou Shu
and
Junhao Li
Abstract
Montesquieu's The Spirit of the Laws centers on the "spirit of the law," breaking through the traditional natural law school's singular political perspective. It systematically expounds on the complex interrelations between law and political structures, social customs, natural environment, and religious beliefs. This paper explores the dialectical logic and practical orientatio
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Montesquieu's The Spirit of the Laws centers on the "spirit of the law," breaking through the traditional natural law school's singular political perspective. It systematically expounds on the complex interrelations between law and political structures, social customs, natural environment, and religious beliefs. This paper explores the dialectical logic and practical orientation of Montesquieu's legislative thought from four dimensions: (1) Legislative Agency: Lawmakers should exercise initiative while adhering to natural law and the nature of society, balancing national spirit with institutional innovation; (2) Adaptation to Political Regimes: Laws must align with the nature of the political system, safeguarding political freedom through the separation of powers and moderate legislation; (3) Influence of Natural Conditions: Climate, soil, and other environmental factors act as implicit drivers of legislation, necessitating legal adjustments to harmonize environmental constraints with human needs; (4) Legislative Technique: Effective legislation demands precision, stability, and consistency with the essence of the matters it regulates, aiming to achieve the rule of good law. The study further contrasts Montesquieu's views with those of Savigny's historical school of jurisprudence, revealing the tension between grounding law in historical tradition and responding to dynamic social evolution. Montesquieu's legislative thought offers a theoretical framework that balances local particularities with universal principles, providing valuable insights for constructing legal systems that adapt to complex social conditions.