Lessons from the Franks and the Greeks

Montesquieu’s L’Esprit des lois (The Spirit of the Laws, 1748) stands among the most intellectually challenging and inspired contributions to political theory in the eighteenth century. The scope of the book, its sustained reflection, its impact on social and political debates throughout Europe, as well as its enduring influence make it an exceptional work. As its subtitle indicates, it purports to examine the relation laws must have to the specific constitution, civil society, and physical circumstances of the country in which they are being made or enforced. To apprehend the spirit of a nation’s laws is thus to understand the relationship which pertains between a number of social, political, and material factors peculiar to that nation. What the remainder of the subtitle further suggests, and the body of the text makes explicit, is that the knowledge which such an examination both requires and produces is historical in nature. In linking history and law and making both central to political theory Montesquieu, together with the Scottish school of political economy, which he profoundly influenced, set the tone and form of modern social and political thought. He paved the way leading to Hegel, who recognised the true nature of his genius better than most of his admirers (Hegel 1991, pp. 29, 283, 310–11; 1999, p. 175; see also Carrithers 2001a).