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The Architecture of Moderate Government: Montesquieu’s Science of the Legislator

Aurelian Craiutu

in A Virtue for Courageous Minds: Moderation in French Political Thought, 1748-1830

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691146768
eISBN:
9781400842421
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691146768.003.0003
Subject:
Philosophy, Political Philosophy

This chapter examines the concept of “moderate government” during the Old Regime by drawing on the political writings of Montesquieu. It first considers Montesquieu's claim, which he articulated in ... More


The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Paul O. Carrese

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.001.0001
Subject:
Political Science, Political Theory

This book provides a provocative and original analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new ... More


: Moderating Liberalism and Common Law: Spirit and Juridical Liberty

in The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.003.0002
Subject:
Political Science, Political Theory

This chapter focuses on the introduction of The Spirit of the Laws by Montesquieu, and the concern with both the realities and potentialities of political life partly explains why he does not openly ... More


: Projects for Reform: Due Process, National Spirit, and Liberal Toleration

in The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.003.0004
Subject:
Political Science, Political Theory

This chapter explains Montesquieu's new conception of philosophy and prudence that maintains the cloaking of political power by instructing statesmen and judges to gradually, imperceptibly temper the ... More


: Moderate and Juridical Government: The Spirit of Constitutional Liberty

in The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.003.0003
Subject:
Political Science, Political Theory

This chapter descries the promotion of judicial power point to a complex constitutionalism that raises civil law in relation to political law as an effort by Montesquieu to redefine honor and natural ... More


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