Montesquieu, Baron de. De lesprit des lois. Vrias edies.

Palavras- ou termos-chave

Forma de governo

Natureza do governo

Principio do governo

Esprito das leis: O esprito das leis no uma coisa, uma relao, ou seja, o espirito
das leis uma relao das leis com a natureza do governo, o princpio do governo, o
clima, aos moeurs, etc. Sendo assim, podemos dizer que o esprito das leis difere de
povo em povo, de clima em clima, de governo em governo, etc. Alm do mais, embora
seja uma relao, podemos, creio eu, falar em esprito das leis francesas ou em
esprito das leis inglesas da seguinte forma: o esprito das leis englesas uma funo
do clima ingls, dos costumes desse povo, da sua forma de governo mornrquico, etc.
Observao final: importante entender que o esprito das leis pode mudar, isto , ele
no esttico.

Relao entre as leis e a natureza do governo:

Democracia: There laws for: (a) Election: Of couse, there must be election, but it
is a matter of agreement what kind of election to use. By election Montesquieu
means that there must be some way or other of selecting people to hold offices,
because the assembly wont be able to deal with all the affairs of the republic;
(b) How many citizens are allowed to participate in the assembly:

Relao entre as leis e o princpio de governo [Livre Quatrime]

The laws relative to education are different from government to government because the
families that constitute it have the principle that makes the government moves and hand
it down to the new generation. The argument runs like that: there is a principle in a
government and, since the families that exist in it hold this principle, the new generation
is socialized in this principle and tend to internalize it.

Monarchy: (a) where we learn the principle of the monarchy: in the world, not at the
lyce; (b) What consists this education: court-education, in other word, the kind of
education Montesquieu is taling about is the internalization of court-values. That is why
we only learn them in the world or, more specifically, living in the courts, attending to
salons, etc. (c) Where it comes from: it seems that it comes from group inforcement,
but also from sentiments like envy. But, of course, we can suppose that this envy is
directed to objects which are culturally determined; (d) Lhonnte homme; (e) (Power
limitation) The prince cannot disohonor the nobles;

Depotic State: Education has an limited role in the despotic state, because it is only
useful to make the people feel fear, and not to make them good citizens. Or else, the
state would be indangered.

Republic: (a) To Monstesquieu, the republic needs more education than the other types
of government because its principle is intirely aquired through education and not at all
promoted by nature, as are honor and fear. Honor and fear are brought about largely by
the nature of the government and the human passions, while virtu is not.