Montesquieu and the Philosophy of Natural Law

Front Cover
Taylor & Francis, Jul 31, 1970 - History - 217 pages
1 Review
In the last hundred years, the philosophy of natural law has suffered a fate that could hardly have been envisaged by the seventeenth and eighteenth century exponents of its universality and eternity: it has become old-fashioned. The positivists and the Marxists were happy to throw eternal moral ity out of the window, confident that some magic temporal harmony would eventually follow Progress in by the front door. Their hopes may not have been fully realized, but they did succeed in discrediting natural law. What is often not appreciated is the extent to which we have adopted the tenets of the philosophy they despised, borh in the field of politics, and in the field of personal and social ethics, which Barbeyrac called "la science des mreurs" and which the positivists re christened "social science". Consequently, though we live in a world whose freedom, such as it is, is largely a result of the popularization of the philosophy of natural law, and whose conscious and unconscious standards, such as they are, are a result of that philosophy as it became combined with Christianity, the doctrine of natural law is itself for gotten. In view of the oblivion into which it has fallen, natural law is a concept which means little to the average reader. All too often, Montesquieu scholars have traded on this oblivion in order to give an exaggerated picture of his originality.
 

What people are saying - Write a review

Review: Montesquieu and the Philosophy of Natural Law

User Review  - seyyed Morteza - Goodreads

For God's sake! He didn't even translate the qoutes. All of the qoutes are in French! Read full review

Contents

THE ORIGINALITY OF MONTESQUIEUS METHOD
22
MONTESQUIEU AND EMPIRICISM IN NATURAL LAW
46
THE STATE OF NATURE AND THE ORIGIN OF SOCIETY
65
MONTESQUIEU AND EMPIRICISM IN POSITIVE LAW
100
The Diversity of Civil Law
108
RATIONALISM IN POSITIVE LAW MONTESQUIEU
134
MONTESQUIEUS CONCEPTION OF LAW
177
Conclusion
193
Copyright

Other editions - View all

Common terms and phrases

References to this book

All Book Search results »