Montesquieu

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Montesquieu

Charles-Louis de Secondat, baron de La Bréde et de Montesquieu var en fransk filosof och författare under upplysningstiden. Han föddes 1698 i Chateau La Brede nära Bordeaux och dog år 1755 i Paris. Montesquieu ärvde ställningen som president vid Bordeauxparlamentet år 1716, men avsade sig år 1726 för att fokusera på studier och författarskap. Redan år 1721 skrev han satiren Persiska brev, vilket gav Montesquieu berömmelse. “Om lagarnas anda” skrev Montesquieu år 1748 och anses vara hans kändaste verk. Verket innehåller teorin om tredelning av statsmakten vilket har haft stort inflytande på dagens konstitutioner. Montesquieu var influerad av John Locke, liberalismens far, som var filosofen bakom tanken att styre borde ske genom lagar och att staten borde ha begränsad makt. I “Om lagarnas anda” skriver Montesquieu om hur lagarna bör vara, normativt, men har också ett relativistiskt tänkande inom lagstiftningen. Ett exempel på detta tänkande är hans betoning på naturgivna villkor, till exempel att klimatet måste iaktas, men också religion, ekonomi, samt seder och bruk. Enligt Montesquieu finns det fyra naturlagar. Dessa är “freden, skaffa sig föda, ömsesidigt närmande och att leva i samhällen”. Efter att ha förklarat naturlagarna går han vidare till att allmänt förklara om vilka styrelseformer som är möjliga. Montesquieu skiljer mellan tre styrelseformer. De första är den republikanska, det andra är den monarkistiska och det tredje är den despotiska styrelseformen. Enligt Montesquieu kännetecknar princip var och en av de tre statsmakterna. Den republikanska styrelseformen har två former: demokrati och aristokrati. I en republik besitter folket den högsta makten, eller åtminstone en del av den. Montesquieu framhävar i ett senare skede att direkt demokrati är opraktiskt i små riken och ogenomförbar i stora. Enligt Montesquieu gör sig befolkningen…...

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