Historical law: Montesquieu
Charles de Secondat baron di Montesquieu(1689-1755),
was the author of the book The spirit of the laws, and in this book a universal
truth is explained: “The law to general is the human rationality, because it
commands every people of the word, and the politic and civil laws are alone the
particular cases for the use of this human rationality. They must be so adapt
to the people that must follow, and they must be so adapt to every single
people that is very uncertain think that they can be also adapt to other
nation. It is necessary that they are relative(this is tied) to the nature and
to the established govern or it want establish, both that the laws shape the
govern, as the politic laws, or that this govern is kept for the civil laws,
They must be correspondent to the
physical characteristic of the country, to the clime, cold, warm or temperate,
to the quality of ground, to its wideness, and to gender if life of people,
granger, hunter or shepherd; they must consider the level of freedom that the
constitution allows, to the religion of citizens, and to personality of them,
to their richness , to the number, to the trade, to the habit and customs…”;
today it is simple obvious, but in year 1748, when the political context was very
different this theory, that today are reality, then was a anomalous, because
the king may depends from the people, instead the real power depends alone from
God, hence the king was the supreme will of the nation, and everything that he
makes is right because is God that ordered it; in fact the power of king in
France has given form the God and stop, fort this the French Revolution was an
important and fundamental chapter for the history of Europe, because has shown
that the kings could be decapitate and a State could transformed very
radically, because the French Revolution has debunked the power of king, hence
the same king, and the power didn’t come from God but alone from the people,
and stop; this long step of Montesquieu, explains that although the Spirit of
laws has written from an aristocratic, he used the mind and the rationality,
and repeat the French Revolution has brought every people and every citizens on
the ground, because has demonstrated the power that the people has; and an
aristocratic as Montesquieu had understood that the people keeps the power,
other is alone suggestion, and he has touch the sensible point, this is the
efficiency of the laws, that must be adapt to the people and not alone to the
aristocratic or religious classes; we must also consider that the political men
it known perfectly, but the kings have had the absolute power, at lat in
France, and in fact when the counsellors asked to Louis 14th who he
had delegated for the State questions, they were very amazing when he answered:
“L’État, c’est moi”, this is The State are I alone; finally also the France has
a political in the govern; but Louis 14th was alone an exception,
because after to govern were alone stupid and nonentity, both in France and in
other country of Europe. But anyway Montesquieu was right the law must be adapt
also to the economy, for this he consider also the ground, as well as the
customs and habit, but the Roman people said: “primum vivere deinde
filosofare”; this is the first we must eat and after also think to useless
things.
Alessandro Lusana