Montesquieu's Philosophy of History

Carrithers, David W.

doi:10.2307/2709595

Cited by 71 publications

(3 citation statements)

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“…According to VI and XII books of "The Spirit of Laws" analyzing, French enlightener noted, "Combined utilitarian, retributivist and liberal themes in his approach to punishment, while locating the fundamental justification for the right to punish capital crimes in the retributivist rationale of doing justice. As noted by Beccaria and numerous others whom he influenced, moderation in punishments and decriminalization of religious offences were key themes in his discussions" (Carrithers, 1998). The essence of this approach is the interdependence between the intensity of state coercion and circumstances of the case in its entirety.…”

Section: Justice Is the Main Acceptance Criterion Of The State Coercion In The Modern Societymentioning

confidence: 99%

Acceptance criterion of state coercion in contemporary society

Финогентова¹,

Tokarev²,

Petrenko³

2018

JESI

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The article presents acceptance criterion of the state coercion as a form of power realization. According to authors, essential signs of the state coercion, firstly, are functionaries and state authorities representing the society that in turn, legitimizing this state, secondly, the state coercion mediacy by the right. Its social nature causes understanding the state coercion as a legal relation that coercive and coerced subjects, authorized with certain rights and duties, enter. The authorization of subjects, in relation to which enforcement actions are applied, with legal rights and duties testifies to the legal conditionality of state coercion. As a result, it must satisfy the requirements of legality, legitimacy and justice at both levels of the legal systemsectoral and intersectoraland at all stages of the process of its implementation. The general acceptance criterion of the state coercion is provided to recognize the conformity of its application to the requirements of justice as a moral category. Structural elements of this criterion are validity and proportionality. Their differentiation in content makes it possible to assert that the state coercion should be based on the law (validity) and correlated with individualizing circumstances, which allowing to correct the influence of the coercive on the coerced taking into account the specifics of the concrete case (proportionality).

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Section: Justice Is the Main Acceptance Criterion Of The State Coercion In The Modern Societymentioning

confidence: 99%

Acceptance criterion of state coercion in contemporary society

Финогентова¹,

Tokarev²,

Petrenko³

2018

JESI

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“…Montesquieu censures the laws of no other country as forcefully as he does those of Japan (Dodds 1929, 98; Binoche 1998, 234; Carrithers 1998, 237; Schaub 1999, 228). His first lengthy discussion of Japan occurs in The Spirit of the Laws Book VI, Chapter 13, a chapter whose title—“Powerlessness of Japanese Laws”—evinces his disdain for that nation's government.…”

Section: Montesquieu's Treatment Of Japanmentioning

confidence: 99%

“… 2 Some scholars point to a best form of government: Pangle (1973) and Rahe (2009) argue for the English constitution; Mosher (2001) and de Dijn (2014) for the French monarchy; and Keohane (1972, 383–84 and 390–91) and Craiutu (2012, 33–68) for all moderate governments. Others point to a type of reform: Carrese (2003, 60–69) and Carrithers (1998 and 2001) argue for criminal justice; Vile ([1967] 2009) and Krause (2000) for the separation of constitutional powers; and Wallace (1760, 93–98) and Fletcher (1933, 416–17) for the institution of slavery. Still others point to a certain ideological tradition: Zuckert (2004) argues for Lockean liberalism; Kelley (1990) for French jurisprudence; and Hulliung (1976) for a certain form of republicanism. …”

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confidence: 99%

Montesquieu's Teaching on the Dangers of Extreme Corrections: Japan, the Catholic Inquisition, and Moderation inThe Spirit of the Laws

Gilmore

Sullivan

2017

Am Polit Sci Rev

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Explicitly and implicitly in The Spirit of the Laws, Montesquieu binds together the Japanese who persecute Christians and the Inquisitors of Catholicism who persecute heretics. In seeking purity, both sets of vehement reformers impose atrocious punishments. In so binding the abuses of the East and West together, the work is an expression neither of Orientalism nor of Eurocentrism as conventionally understood. Although Montesquieu thus offers a critical approach to Europe's vulnerability to reformers who go to extremes, whether pious zealots who seek to perpetuate Christianity or zealous Enlightenment philosophes who would seek to eradicate it, many commentators have focused on the work's apparent neutrality with regard to the various cultural phenomena it examines. The key to understanding Montesquieu's reserved tone lies in his commitment to moderation. Given the West's continuing vulnerability to extremism of various types, Montesquieu's moderate teaching on the need for moderation in corrections remains pressingly relevant.

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The Shaping of French National Identity

D'Auria¹

2020

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The Shaping of French National Identity casts new light on the intellectual origins of the dominant and 'official' French nineteenth-century national narrative. Focussing on the historical debates taking place throughout the eighteenth century and during the Restoration, Matthew D'Auria evokes a time when the nation's origins were being questioned and discussed and when they acquired the meaning later enshrined in the official rhetoric of the Third Republic. He examines how French writers and scholars reshaped the myths, symbols, and memories of pre-modern communities. Engaging with the myth of 'our ancestors the Gauls' and its ideological triumph over the competing myth of 'our ancestors the Franks', this study explores the ways in which the struggle developed, and the values that the two discourses enshrined, the collective actors they portrayed, and the memories they evoked. D'Auria draws attention to the continuity between ethnic discourses and national narratives and to the competition between various groups in their claims to represent the nation and to define their past as the 'true' history of France.

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Montesquieu's Philosophy of History

Cited by 71 publications

References 0 publications

Acceptance criterion of state coercion in contemporary society

Acceptance criterion of state coercion in contemporary society

Montesquieu's Teaching on the Dangers of Extreme Corrections: Japan, the Catholic Inquisition, and Moderation inThe Spirit of the Laws

The Shaping of French National Identity

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