The Spirit of Laws Montesquieu On the Spirit of Laws English full textBaron de Montesquieu C 1748The Spirit of LawsRetrieved 23 Oct 2011 from Book XIOf the Laws Which Establish Political Liberty with

tes are not so immediately connected with the people by the ties of personal interest, as in monarchies, and in despotic states, they are more apt to mistake their situation, and to attribute to their government what is owing to their own misconduct.4 I will not here enter into the distinctions between the natural and civil liberty, nor between the liberty of the subject and that of the man;5 but I shall take the liberty of examining the term political liberty,6 which has been the subject of so much declamation, and which, in its general signification, can only mean the liberty of the state,7 or the right of the nation to establish such laws as it may deem conducive to the public good.

In what the Liberty of a State consists. The liberty of the state consists in the power of doing whatever is not injurious to the happiness of the people, and in securing to them the enjoyment of their rights. The liberty of a people is therefore the result of the good administration of the laws, which are made for their protection.
Of the Liberty of the Citizen. The liberty of the citizen is, to be subject to no law but such as are enacted by the general will of the community; and to be governed by no other authority than what is derived from the laws.
Of the Principles of the Three Governments. All governments have three principles:1 First, the principle of fear, which includes the notion of punishment; secondly, the principle of honour, which includes the notion of a certain rank; and thirdly, the principle of virtue, which includes the notion of the love of the laws, and of our country.
Of the Principles of Democracy. In a democracy, where the people are the sovereign power, the principles of fear and honour are almost unknown; the principle of virtue is the only one that can have any influence, and this accordingly is the principle on which the government ought to be founded.
Of the Principles of Aristocracy. In an aristocracy, where the nobles are the ruling power, the principles of honour and virtue are the only ones that can have any influence; the principle of fear is almost unknown.
Of the Principles of Monarchy. In a monarchy, where the prince is invested with the supreme power, the principle of fear is the only one that can have any influence; the principles of honour and virtue are almost unknown.
Of the Principles of Mixed Governments. In a mixed government, where the three principles are combined, the principle of virtue should predominate.
Of the Constitution of England. The English constitution is a mixture of three forms of government, the monarchy, the aristocracy, and the democracy. The principle of virtue predominates, and this is the reason why the English enjoy the most perfect liberty.
Of the Constitution of Poland. The constitution of Poland was a mixture of the aristocratic and democratic principles, but the principle of virtue was wanting, and hence the destruction of that republic.
Of the Constitution of Venice. The constitution of Venice was a mixture of the aristocratic and monarchical principles; the principle of fear predominated, and hence the decline of that republic.
Of the Constitution of Geneva. The constitution of Geneva was a mixture of the aristocratic and democratic principles; the principle of virtue predominated, and hence the prosperity of that republic.
Of the Liberty of the Press. The liberty of the press is the chief safeguard of political liberty.
Of the Laws Which Establish Political Liberty, with Regard to the Constitution, in England. The laws which establish political liberty in England are, the division of the legislative power into three branches, the independence of the judges, the freedom of the press, the right of petitioning, and the freedom of election.
Of the Laws Which Establish Political Liberty, with Regard to the Constitution, in France. The laws which establish political liberty in France are, the separation of the legislative and executive powers, the independence of the judges, the freedom of the press, the right of petitioning, and the freedom of election.
Of the Laws Which Establish Political Liberty, with Regard to the Constitution, in the United States. The laws which establish political liberty in the United States are, the division of the legislative power into two branches, the independence of the judges, the freedom of the press, the right of petitioning, and the freedom of election.
Of the Laws Which Establish Political Liberty, with Regard to the Constitution, in other Countries. The laws which establish political liberty in other countries depend on the particular circumstances of each country, and cannot be the subject of general rules.
Conclusion. The laws which establish political liberty are those which secure to the people the enjoyment of their rights, and are made for their protection. The great object of government is to secure the happiness of the people, and this can only be done by a wise and just administration of the laws. The liberty of the citizen consists in being subject to no law but such as are enacted by the general will of the community, and in being governed by no other authority than what is derived from the laws. The liberty of the state consists in the power of doing whatever is not injurious to the happiness of the people, and in securing to them the enjoyment of their rights. The liberty of the press is the chief safeguard of political liberty

The Spirit of Laws Montesquieu On the Spirit of Laws English full textBaron de Montesquieu C 1748The Spirit of LawsRetrieved 23 Oct 2011 from Book XIOf the Laws Which Establish Political Liberty with