
The Spirit of Discussing Law
论法的精神
- Status
- Completed
- Length
- 528k Words
- Updated
- 3y ago
- Source
- Fanqie
Stats
310Reads
9.2Score
163Shelves
43Chapters
42Listens
41kReads · all time
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Synopsis
Reader comments
In booklists 7
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For Montesquieu, England across the Channel was the prototype of his ideal country. His growth experience was very unique. He was born in a noble family. He served as a local judge when he was young and had professional legal experience. He then traveled to various European countries and witnessed with his own eyes the socio-economic and political status quo of the most developed countries at that time. These experiences shaped his thinking about politics. Later, Montesquieu's ideas took root in the United States on the other side of the ocean, laying the institutional foundation for the future hegemony of this new country. Of course, from today's perspective, some of Montesquieu's views are unfair, such as his view of the impact of natural geographical environment on political systems. However, these were inherent problems of his era.
It is not simple to have such thoughts and ways of thinking hundreds of years ago. This book is extremely important to China today.
The role Montesquieu played in the French Enlightenment and the important task he shouldered in the process of Western modernization can be said to be light-weight. This legal classic explains the basis of political legislation and the doctrine of separation of powers. It is an academic summary of the British constitutional monarchy and the legislative basis of the separation of powers of the American representative system. Meng believed that law originated from trade under contractual relationships, so it varied greatly with the different people's conditions in each region. He also demonstrated in this book the origins of Roman law and French law, as well as the necessary iterations and changes that have occurred in today's environment.
Looking forward to the author's new works
Although some of the author's ideas are relatively subjective, many of them are good suggestions for the law. In the end, the author responds to his opponents' remarks, which is very similar to those trolls on the Internet who have no basis for their free time.
Frankly speaking, this book is not suitable for people who have no foundation in legal theory. For me, it is too difficult to understand. I don't understand many concepts and may not be able to appreciate Montesquieu's legal wisdom. But I could learn a lot more by not treating this book as a law book. In addition to legal theory, this book also has historical content. This book helped me understand the political and cultural background of the time, why Montesquieu wrote this book, and the origin of his thoughts.
You can understand the core by reading the explanations of some scholars, but it is a bit obscure and difficult to understand. The motivation to continue reading is "not admitting defeat". Montesquieu's definition and explanation of "rights" can be said to be very thorough. The foundations that support its theory are intertwined, from the "law" that grants power to the "law" that enforces power, and the supporting "law" that restricts power, and what kind of identity must the establishment of "law" be based on to be effective. These interlocking details inevitably lead to thinking about how to make the land that applies this set of logical rules brew "rules" beyond the rules.
Books that promote human progress
The spirit of law refers to the principles and values contained in the law, which play an important guiding role in the understanding and application of the law. The spirit of the law requires society to be based on the rule of law, act in accordance with the law, and maintain social order and stability. The implementation of the law should be based on the law, regulate people's behavior, and maintain the harmony and normal operation of society. The spirit of the law is the cornerstone of a society ruled by law. Through the implementation of the law, society can achieve just, equitable and harmonious development.
With a lot of subjective thoughts
Very large and sometimes a bit boring
Need to read again and learn again🌹
This book tells about legal knowledge and I learned a lot. But I always feel that I don't understand it deeply enough
A great book in the world, a classic of logic.