A descriptor of laws: Montesquieu 7 marzo 1749

The spirit of laws of Charles de Secondat baron of Montesquieu(1689-1755) is a description of the deep sense of laws, and a step is very correspondent to this description: “It is better say that the govern more conform to nature is that whose natural disposition is to harmony to disposition of people that has issued this govern”; I have wanted report this step because it is the natural and logic representation of policy, that when has lost this alliance the law is useless, the French revolution is the clear representation, the govern not lost this alliance to people, because the govern of French has never a rapport to the people, hence the revolution has been the final result. Other step: “generally the law id the human intelligence because it govern every people on the earth, and the laws both politic and civil of every nation are alone that particular cases to the human intelligence is applied”; it is a like mirror to title, because Montesquieu is a descriptor of law, because the law is stemmed from the human intelligence and every nation has  owner laws because has other spirit, for example: Sparta was a military republic where the military life was the fundament of the State, Athens was instead a democracy and was composed from soldiers, poets, philosophers, political men and other, and has had other constitution, hence Athens has had other laws and constitution because in Athens was other spirit.

And the concept of spirit is stressed from the author also in following step: “The laws must be very adapted to the people to they are issued, that is a rare case the others laws are fit for the other…”; it is the supreme confession of a human nature of laws, that has been made by human an alone to human they are assigned, but a humankind that is differing in fact Montesquieu adds: “…that is a rare case the others laws are fit for the other”, because every people has own spirit. The same concept is expressed after in the following words: “These laws must be fit to physical character of country, to its clime…to the king of life of people that are resident, that they are grangers, hunts or shepherds, they must be able to council the level of freedom that the constitution is able to bear, to the religion of residents, their character, their richness , their number, their commerce, customs, habit…”; it is simply normal, but alone Montesquieu has said it.

Alessandro Lusana