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SOURCE: Waddicor, Mark H. “The Originality of Montesquieu's Method.” In Montesquieu and the Philosophy of Natural Law, pp. 22-45. The Hague: Martinus Nijoff, 1970.
In this excerpt from his study of Montesquieu's application of the idea of natural law, Waddicor examines Montesquieu's relationship to other philosophers of natural law, and to other advocates of the scientific method. In particular, Waddicor analyzes Montesquieu's methodological debt to Descartes, as well as the influence of both classical and early modern authors.
1. the Problem of Montesquieu's Method
It is often thought that the président's method of studying positive law precluded any reference to natural law. What was Montesquieu's method? Was it really different from that of the School of Natural Law?
In Book I, Chapter iii of the Esprit des lois, Montesquieu set out the aim he had in writing the work:
La loi, en général, est la raison...
This section contains 11,779 words (approx. 40 pages at 300 words per page) |
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