David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
Philosophy and Social Criticism 32 (2):211-230 (2006)
This article examines Montesquieu's concept of natural law and treatment of legal customs in conjunction with his theory of moral psychology. It explores his effort to entwine the rational procedural quality of laws with the substantive principles that sustain them. Montesquieu grounds natural law in the desires of the human being as a feeling creature, thus establishing the normative force of desire and making right action attractive by engaging the passions rather than subordinating them to reason. As a result, natural law generates both political norms and the motivations that drive political actions. It provides a standard for assessing the ostensibly jumbled multiplicity of legal customs in human societies. And it reminds us that there is more to political theory than the rational justifi-cation of norms, that central to any account of liberal constitutionalism must be an effort to show the attractions and not only the justice or the rationality of right action. Key Words: law Montesquieu moral psychology motivation natural law norm justification passions.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Paul A. Rahe (2012). Montesquieu's Natural Rights Constitutionalism. Social Philosophy and Policy 29 (2):51-81.
Similar books and articles
de Tracy Destutt & Claude Antoine Louis (1811). A Commentary and Review of Montesquieu's Spirit of Laws: Prepared for Press From the Original. Lawbook Exchange.
Charles Secondat Montesquiedeu (1989). The Spirit of the Laws. Cambridge University Press.
Thomas L. Pangle (2010). The Theological Basis of Liberal Modernity in Montesquieu's Spirit of the Laws. University of Chicago Press.
Charles de Secondat Montesquieu (1751). The Spirit of Laws. Lawbook Exchange.
Rebecca Kingston (ed.) (2009). Montesquieu and His Legacy. State University of New York Press.
Céline Spector (2003). Montesquieu: Critique of Republicanism? Critical Review of International Social and Political Philosophy 6 (1):38-53.
Mark H. Waddicor (1970). Montesquieu and the Philosophy of Natural Law. The Hague: M. Nijhoff.
Added to index2009-01-28
Total downloads9 ( #439,976 of 1,925,795 )
Recent downloads (6 months)1 ( #418,410 of 1,925,795 )
How can I increase my downloads?