Montesquieu Spirit of the Laws:
In the history of state chimera, the principles of law that Montek gave.
M He has a knowledgeable account of his famous book law. Have done The law was the center of Mont Alachen. Monte Lane’s Pattern Different from the perspective of all the wise and philosophers.
The origins of the law:
Before considering the definitions and types of Montanque law, how the law was born, it is Take a look at. Montescu said before the creation of the state organization, people lived in the state of nature. There was nothing about the knowledge of man in the state of nature’s state.
But their interest in knowing was strong. To get rid of the craving of nature. | People always thought about it. To live in peace was the only welfare of people. Montesquieu said. “Peace will be the law of nature. People are still able to fight against nature.
Did not get up They were quite helpless. Peace was the object of their main desire. People in the first phase, On the other hand, relationships between men and women Later it expands.
According to Montesquare, man is only Guided by emotions and not organized, they also felt loved. More. The motivation of that organization was to inspire people to form a society.
As the contractual philosophers say that the agreement is at the root of the formation of society, Montescu went on that path. Did not He did not say anywhere, people made the basis of the state with the help of the contract.
He said, being socially benefited from the people. Because they are free from the uncertainty of nature. Got it But Monte also said that while the uncertainty of the kingdom of nature was far removed, people did not fully feel safe.
Due to fear and suspicion, people’s pride increased. At the Egoism is one of the reasons for the clash between different people. The clash began to appear between the individual and the state. This clash between the individual and the state acts as the basis of the positive law.
The emergence of the law met the social needs of the society and the goal. In the end, it is said that when evolutionary consciousness begins to rise and people start living in social life, it is only in the society that it is the rule of law to spread dominion over other people. Laev can not cure. As a result, chaos was created in society. The idea of Montesuko is to remove the chaos.
Meaning, definition, and nature of law:
Define the law. But he Explains the law differently from its earlier philosophers.
Starting with Aristotle, he explained in the form of a drought. Basically, this is the reason the first thinker of the modern era tried it.
From the beginning to the modern of John Locke, everyone is a special one in law.
Have done They all see the general principle of any causality in the concept of law called the rule of the Dictates of the Sovereign Command of the Sovereign.
That is why Montescu did not agree with the idea of law. Montescope is the first thinker of Sage, who sees the law in a new perspective of ‘causative relationship‘.
Under the law of law:
There are and each intersection:
The legal relationship arising out of the law is the law. Everything in this sense has its own law. And each object is related to another object. And this is the causal relationship, of which. At the same time, it is possible to understand the nature and nature of that object.
Definitions of the law and Montenku says, as the materialistic world, by some, certain laws. Most of the time and the absence of law can not be observed, human society is also regulated by law. There is no place for stubbornness or fanaticism. The law is in general. People’s Reason
Nutrition Rationality The law can not be accepted by the senior authority. Laws of the behavior of human behavior Manash is a society based organism that is related in many ways. Wherever there is a relation, there is the relationship. The law governs relations.
Because of the nature of society, the nature of human nature and the behavior of the law, the law can not be the same in all places. Montesquik said, determines the nature of the law of climate, geography, public occupation, type of government, etc. He said Aray, these materialistic laws of life laws determine the principles. And this is the law’s sociological explanation.
Types of Laws:
After explaining the basic aspects of the law, the law is divided into three categories.
(1) International law,
(Ii) political or constitutional law and
(3) municipal Or social law
Below is an explanation of three types of laws:
Exist between different countries. The relationship that is settled by the law says Montesu International Law. That is to say that international law is formed from mutual relations between different nations. For all societies, this law is one and the same.
The legality of this law does not hinder its own interests. Every nation will try to achieve maximum welfare during peace and to do as little harm as possible during the war.
Political or constitutional law, if the government enacted the law for the administration of the ruler and the people obey it. A clear direction is given in the constitutional law about how certain rights will be preserved by the ruler.
Social law and citizens are governed by laws, so social laws The social or perry law was born as a result of the prevailing relations between themselves.
Therefore, according to Montesquieu, the sum of the provisions made to maintain the mutual good relations of the people living in the country in the light of the social law. Peace-discipline, security of society. Reciprocity, harmony is largely dependent on social law.
All the states of the world are keen to maintain good relations with each other. Because international law is of the same nature in all the countries of the world, but constitutional and social laws are different in terms of the political and social conditions of different countries.
Monte did not finish his duty after classification of law. He said, variable. There is a constant change in the human interest in the world, the demand for living, the necessities of life, and everything else. Therefore, the need for constitutional and social law is necessary for the situation arising. Moreover, no law is permanent non-permanent.
Referring to the reviews :
Montanes has given many ideas about the laws given law. Down here.
Firstly, Professor Saving said that the definition given by Montesquieu law is unclear. Secondly, the classifications of the laws of Montesquieu are not perfect.
Because of its categorization. Thirdly, the interpretation of the laws of Montecoscope has not been linked to all aspects of human life.
In spite of the above restrictions, Harman has shown some sympathy for the laws of the laws of Montesukt. The law can not be imposed on the people who are reluctant.
Therefore, predictions of Montescu were true. “Political education and experience are very lucky for the success of the democratic regime. He is direct to this. Even though we did not talk, we did not understand what we wanted to say. So That is how Monteksuco’s idea of law is faultless, he is He has done and his achievements here.
There are law-makers in between. It is possible that the continuity of Monttsu’s permanent contribution to the world of modern-day culture is one of the principles of his saint. In his statehood, his law and order occupied a special place. Connie tried to analyze the background of a broad environment.