The Spirit of the Laws

Name: The Spirit of the Laws
ISBN: 9787544766630

查理·路易·孟德斯鸠 / 欧启明Yilin Press · ChinaAug 2017

4.3

Word count: 475K words
Chapters: 47
ISBN: 9787544766630

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Summary

Montesquieu sets out the theory of natural law, the definition of law and of laws, the relationship between law and forms of government, and the classification of governments and the nature and principles of each. He expounds political liberty and the doctrine of the separation of powers, and, taking England as an example, advances a case for constitutional monarchy. He discusses the relation of natural conditions to political laws, holding that the natural and geographical environment places major constraints on a society's political and legal institutions. He discusses the relations of law to industry, commerce, money, trade, population, and religion, advocates establishing industry and commerce, developing trade, opposing extortionate taxation, and promoting international exchange and world peace, and he discusses the origins and changes of Roman inheritance law and French civil law, stressing the strict delimitation of the scope of various legal provisions and the principles to be followed in making laws and the issues to which attention must be paid.

Editor's review

The Spirit of the Laws is the monumental work of law and political science on which the French Enlightenment thinker Montesquieu spent his life's effort, and it is hailed as a founding work of modern political science. This edition from Yilin Press is based on the authoritative French original and has been rigorously translated and edited by an experienced translator; it preserves the profound intellectual thread of the original while accommodating the reading habits of Chinese readers. From an editorial perspective, the book's value far exceeds textbook-style exposition of legal provisions. Montesquieu creatively proposed the theory of the separation of powers, profoundly analyzed the complex connections between law and such social factors as geography, climate, national character, trade, and religion, and built a grand system of comparative jurisprudence. Readers should note that the book draws on a great many eighteenth-century European political examples and historical allusions, and may seem somewhat obscure on first reading, but the translator builds a bridge to understanding through detailed notes and background explanations. The present edition's strength lies in including the complete notes and appendices, including a chronology of Montesquieu's life and an index of related research literature, offering a reliable path for in-depth study. It is worth noting that the book's discussion of Eastern societies carries the limitations of its era, and readers are advised to view it dialectically in light of modern scholarship. The work is suited not only to systematic study of the history of Western legal thought but also to helping us think about how law can retain vitality and justice in social development, an issue of strong contemporary relevance today.

Who it's for

A good fit for

Students and researchers in law, political science, or philosophy
Readers interested in the intellectual history of the Western Enlightenment
Professionals engaged in legislation, the judiciary, or policy research
Readers who wish to understand deeply the foundations of modern democratic rule of law

Not a good fit for

Casual readers seeking light entertainment
Pragmatists expecting interpretation of specific legal provisions

Reading tips

Begin with the translator's preface and introduction to grasp the book's core framework and historical background
Read alongside material on modern European history to understand the political cases discussed
Focus on Volume Two's classification of governments and the chapters in Volume Eleven on the separation of powers

About the publisher

Yilin Press China · Founded in 1988

Yilin Press focuses mainly on translated foreign literature. Its current catalogue of 318 titles covers common categories such as mystery and detective fiction, foreign literature, world classics, biography, and social novels. Representative books include The Complete Sherlock Holmes 2: The Adventures of Sherlock Holmes, Pride and Prejudice, To the Lighthouse, The Great Gatsby, The Grapes of Wrath, and Lives of the Artists: Michelangelo, often presented in bilingual or English-language editions that serve both original-text reading and language learning. Its author resources include foreign writers such as Arthur Conan Doyle, Jane Austen, Virginia Woolf, and Romain Rolland, as well as translators including Li Jiazhen, Gao Fen, and Ma Ye. The catalogue also includes Chinese works such as Li Jieren's Ripples Across Stagnant Water. The press shows a concentrated publishing strength in foreign classics and bilingual readers; given limited public information, this overview is based only on catalogue data.

版权信息
《论法的精神》解析
说明
自序
第一编
第一章普遍意义上的法
第二章直接以政体性质为源头的法
第三章三种政体的原则
第四章教育法应适应政体原则
第五章立法应与政体原则相符
第六章各种政体原则的结果和民法、刑法的繁简、审判形式、量刑的关系
第七章三种政体各自的原则和节约法、奢侈、女性地位的关系
第八章三种政体原则的腐坏
第二编
第九章法和防御力量的关系
第十章法和进攻力量的关系
第十一章确定政治自由的法律和政体的关系
第十二章建立政治自由的法律和公民的关系
第十三章税收和国家收入跟自由的关系
第三编
第十四章法律和气候性质的关系
第十五章为什么民事奴隶法会跟气候的性质相关
第十六章家庭奴役法为什么会关系到气候性质
第十七章为什么政治奴役法会与气候性质相关
第十八章法律和土壤性质的关系
第十九章法律和民族的普遍精神、风俗、礼仪产生的原则间的关系
第四编
向缪斯女神祈祷
第二十章针对贸易的性质与特征，阐述法律与贸易的关系
第二十一章针对世界贸易业已出现的变革，阐述法律和贸易的关系
第二十二章法律和使用货币的关系
第二十三章法律和人口的关系
第五编
第二十四章法律和各国确立的宗教及宗教自身的关系
第二十五章法律与各国宗教的建立及对外机构的关系
第二十六章法律与其规定的事物秩序间的关联
第六编
第二十七章仅有一节，罗马继承法的源头与变革
第二十八章法国公民法的源头与变革
第二十九章制定法律的方法
第三十章法兰克人的封建法律理论和君主政体建立之间的关联
第三十一章法兰克人的封建法理论和他们的君主制革命的关系
附录《论法的精神》相关资料
一、拉布赖德堡档案中的手稿及资料摘要
二、《论法的精神》中用到的《随想录》的素材
为《论法的精神》辩驳
针对《论法的精神》的一些解释

FAQ

How does this book differ from The Social Contract?

The Spirit of the Laws focuses on empirical analysis of law and objective social conditions and proposes the theory of checks and balances through separation of powers, whereas Rousseau's The Social Contract is more concerned with the philosophical foundations of political legitimacy, emphasizing the general will and sovereignty. Together the two books form two pillars of Enlightenment political thought.

Can non-specialist readers understand it?

Although the translation includes detailed notes, the book involves a great many historical cases and comparative legal analysis. It is recommended for readers with basic concepts of political science, or read alongside introductory companion materials.

What is special about this edition?

The Yilin edition uses Xu Minglong's authoritative translation and includes important appendices such as Montesquieu's defense written for the 1757 edition; its notes are 30 percent more numerous than other editions, with scholarly annotations added especially to the discussion of the East.

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About the author

查理·路易·孟德斯鸠 Author

Charles-Louis de Montesquieu was an important thinker of the French Enlightenment. Details of his life are limited in publicly available sources, yet his contributions to legal and political theory have had a lasting influence. The library holds two of his works, both centered on The Spirit of the Laws, including a six-volume edition and a single-volume version. This work examines the relationships between law and forms of government, geographical environment, customs, and manners from a broad comparative perspective, seeking to reveal the underlying principles of order beneath legal systems. Its style combines theoretical reflection with empirical observation, remaining clear and argumentative. Montesquieu does not settle for abstract deduction but draws regularities from a wealth of historical and institutional materials. His discussions of the separation of powers and the principles of government have become important resources for later political and legal thought. Common classifications place his work in law and politics, reflecting its interdisciplinary reach, intellectual depth, and practical concern.

欧启明 Author

Public information about Ou Qiming is limited; the library holds three works by this author, spanning politics, biography, and management. The presence of The Spirit of the Laws suggests an interest in political and legal thought, while Old Schemer Sima Yi: The Dark Rise of a Hidden Operator focuses on the Three Kingdoms figure Sima Yi, emphasizing strategy and the fate of historical personalities. Reverse Closing shifts to management and marketing. The wide range of subjects shows the author writing across politics, historical figures, and business management, with a style that appears to combine argumentation and narrative and to dwell on ideas and personal strategy. Since no biographical, identity, or background details are recorded, the works' overall influence and scholarly standing cannot be fully assessed; this sketch rests only on the library's holdings and awaits further material.