What Was Montesquieu's Aim in Writing the Spirit of the Laws?

Ð''I ask a favour that I fear will not be granted; it is that one not judge by a moment's reading the work of twenty years, that one approve or condemn the book as a whole and not some few sentences. If one wants to seek the design of the author, one can find it only in the design of the work.' (Montesquieu 1989: preface)

The Spirit of the Laws took Montesquieu twenty years to write and was first published in Geneva in 1748. It was distributed freely, without the hindrance of censorship and deemed and instant success, despite negative feedback from friends to whom the manuscript was shown. After two years and twenty-two impressions made across Europe many critics arose of his work, however this merely added to the fame of the author. Despite his critics, Montesquieu knew he had created a worthy and original work of political theory expressed by the phrase of his last preface Ð''an offspring made without a mother'. (Montesquieu 1989: preface) This suggests that Montesquieu intended to create a distinctive political theory which was unlike any of his predecessors. Although he quotes famous predecessors such as Plato and Aristotle, he treats them as sources of information rather than philosophical fundamentals.

The Spirit of the Laws was Montesquieu's last work and undeniably over the course of twenty years he implemented what Judith Shklar suggests as Ð''his entire intellectual capital as a judge, scientist, novelist, historian, and traveller...' (Shklar 1987: 67) It is his work as a judge which probably proved to be the most significant in relation to The Spirit of the Laws as it is fundamentally about law. Despite the nature of the subject however, the book displays a more positive tone than his previous two books, Shklar suggests that this is the case as Ð''Reason and knowledge could, after all, do a great deal to prevent corruption and injustice, and even to control the natural obstacles to human well-being.' (Shklar 1987: 68). Montesquieu's The Persian Letters explored the desolation of despotism however we are now presented with credible alternatives. (Cranston 1986: 22). Romans can be seen as a prototype to The Spirit of the Laws however we hear more of a dynamic republic than a corrupt empire. No longer does Montesquieu engage in a story of desolation and decline, one aim therefore is to show can be done to lessen political callousness and avert public disaster. The change of tone from his previous works can be accounted for via his radicalisation in other words his orientation of favouring revolutionary change in government and society, which probably was influenced by his intellectual circle from the EncyclopÐ"©die and by his trip to England. One example of the influence of England is his attitude to torture which he suggests in The Spirit of the Laws is a catalyst for fear in society (Montesquieu 1989: 92). His arguments against despotism suggest that fear is not necessarily beneficial for the well being of society, therefore not implementing torture like the civilised Monarchies such as England is a logical procedure. (Cranston 1986: 23)

Political writer Judith Shklar suggests that The Spirit of the Laws has three purposes, examining

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