Combining Philosophers

Ideas for Marga Reimer, A.R. Lacey and Baron de Montesquieu

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21 ideas

25. Social Practice / A. Freedoms / 1. Slavery
Slaves are not members of the society, so no law can forbid them to run away [Montesquieu]
     Full Idea: What civil law could prevent a slave from running away? Since he is not a member of society, why should the laws of society concern him?
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.02)
     A reaction: Hm. Does this apply to children, who can't vote or stand for office?
Slavery is entirely bad; the master abandons the virtues, and they are pointless in the slave [Montesquieu]
     Full Idea: There is nothing good about the nature of slavery. The slave can achieve nothing by being virtuous. The master acquires all sorts of bad habits, and is accustomed to behaving with a total lack of moral virtues.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.01)
     A reaction: Most slavery of that time took place in colonies, far remote from the moral judgments of the mother country. The temptations of such power over others are far too great for most masters to live virtuously.
The demand for slavery is just the masters' demand for luxury [Montesquieu]
     Full Idea: The demand for slavery is the demand for luxury and voluptuousness; it has nothing to do with concern for public felicity.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.09)
     A reaction: True monarchists and aristocratic elitists presumably think that a society should have one part which lives in great luxury. Where else are the fine arts and wonderful buildings going to come from?
25. Social Practice / A. Freedoms / 3. Free speech
Freedom of speech and writing, within the law, is essential to preserve liberty [Montesquieu]
     Full Idea: If a state is to enjoy and preserve liberty, everyone must be able to say what he thinks. In a free state, therefore, a citizen may speak and write anything not expressly forbidden by the laws.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 19.27)
     A reaction: A commonplace now, but fairly bold then. I blame Freeborn John Lilburne for wild ideas like these.
25. Social Practice / A. Freedoms / 5. Freedom of lifestyle
Freedom in society is ability to do what is right, and not having to do what is wrong [Montesquieu]
     Full Idea: In a society where laws exist, liberty can consist only in being able to do what one ought to will, and in not being contrained to do what one ought not to will. ...If a citizen could do what the law prohibits, all others would have the same power.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 11.03)
     A reaction: This sounds pretty quaint in 2017, but I love it.
25. Social Practice / B. Equalities / 1. Grounds of equality
No one even thinks of equality in monarchies and despotism; they all want superiority [Montesquieu]
     Full Idea: In monarchies and despotic states, no one aspires to equality. Not even the idea occurs; everyone aspires to superiority. People of the very lowest rank only wish to rise in order to become masters of others.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.04)
Equality is not command by everyone or no one, but command and obedience among equals [Montesquieu]
     Full Idea: The spirit of true equality consists, not in creating a situation in which everyone commands, or in which no one is commanded, but rather in obeying or commanding only our equals.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 08.03)
     A reaction: I love this idea, but it is so easy to feel superior when you command, or to feel inferior when you are commanded. I take the solution to be the appointment of everyone in authority by those they will command (but fat chance of that).
25. Social Practice / B. Equalities / 2. Political equality
Democracy is corrupted by lack of equality, or by extreme equality (between rulers and ruled) [Montesquieu]
     Full Idea: Democracy is corrupted in two ways: when it loses the spirit of equality, and when the spirit of equality becomes extreme, that is, when everyone wishes to be the equal of those he has chosen to command him.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 08.02)
     A reaction: The latter seems to be what happens when a referendum is called (as in Brexit 2016). The winners come to despise the elected representatives, if the latter disagree with the outcome.
25. Social Practice / B. Equalities / 4. Economic equality
Democracies may sometimes need to restrict equality [Montesquieu]
     Full Idea: In some cases, equality among citizens may be denied by democracy for the utility of democracy.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.05)
     A reaction: He cites people who make sacrifices for the public, and lower orders who are getting above themselves! The desire for equality quickly comes into conflict with other values.
Some equality can be achieved by social categories, combined with taxes and poor relief [Montesquieu]
     Full Idea: Equality is so difficult that exactitude is not possible. It is enough to place citizens by a census within categories that reduce or fix differences. Then laws compensate for inequalities by taxes on the rich and relief given to the poor.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.05)
     A reaction: [compressed] Placing citizens within categories (e.g. 'nobility') has long gone out of fashion. He doesn't say whether you tax the capital or the income of the rich.
25. Social Practice / D. Justice / 2. The Law / c. Natural law
Prior to positive laws there is natural equity, of obedience, gratitude, dependence and merit [Montesquieu]
     Full Idea: The relations of equity precede the positive laws that establish them. It is right to conform to laws in a society; intelligent beings should be grateful for benefits; we remain dependent on those who create us; an injury merits the same in return.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.01)
     A reaction: [the examples are compressed] A nice statement of the idea of natural law. It doesn't follow that because an injury merits retaliation, that it should be implemented (just that no one can complain if it happens).
Sensation gives animals natural laws, but knowledge can make them break them [Montesquieu]
     Full Idea: Animals have natural laws because they are united by sensation, ...but they do not invariably follow thieir natural laws; these are better observed by vegetables, which have neither knowledge nor sensation.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.02)
     A reaction: With the example of vegetables the concept of natural law is drifting into the laws of nature, and evidently Montesquie makes no sharp distinction here.
25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
The death penalty is permissible, because its victims enjoyed the protection of that law [Montesquieu]
     Full Idea: It is permissible to put a criminal to death because the law that punishes him was made to protect him. For example, a murderer has enjoyed the benefits of the law by which he is condemned.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.02)
     A reaction: Dubious! We could add torture, and life imprisonment for parking offences, if this argument is sufficient justification.
If religion teaches determinism, penalties must be severe; if free will, then that is different [Montesquieu]
     Full Idea: When religion teaches that human actions are predetermined, penalties imposed by law ought to be more severe, for without these measures men would behave with complete abandon. If the dogma of religion is free will, the situation is altogether different.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 24.14)
     A reaction: Presumably persuasion and influence come into the free will picture. Calvinist Geneva was determinist, and Catholic France for free will.
25. Social Practice / E. Policies / 1. War / d. Non-combatants
The only right victors have over captives is the protection of the former [Montesquieu]
     Full Idea: War can confer only one right over captives, and that is to ensure that they no longer harm victors.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.02)
     A reaction: He is arguing against both the killing of captives, and their enslavement.
25. Social Practice / E. Policies / 2. Religion in Society
The clergy are essential to a monarchy, but dangerous in a republic [Montesquieu]
     Full Idea: The power of the clergy is as dangerous in a republic, as it is appropriate to a monarchy.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 02.04)
     A reaction: This makes me look at the UK in a new light, with the clergy hovering around when the monarch is crowned, and the bishops sitting by right in the House of Lords.
Religion has the most influence in despotic states, and reinforces veneration for the ruler [Montesquieu]
     Full Idea: In these [despotic] states, religion has more influence than anywhere else; it is fear added to fear. The peoples of the Mohammedan empires in part derive from their religion their extraordinary veneration for their rulers.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.14)
     A reaction: I suppose religions have submission to authority built into them.
Religion can support the state when the law fails to do so [Montesquieu]
     Full Idea: Religion can support the state when the laws themselves lack the power to do so.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 24.16)
     A reaction: A thought which didn't occur to Spinoza, but then the thought merely confirms that religion offers a rival to the rule of law.
French slavery was accepted because it was the best method of religious conversion [Montesquieu]
     Full Idea: Louis XIII was made extremely uneasy by the law that enslaved all the negroes in his colonies. But when told that this was the most efficacious way of converting them, he gave his consent.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 15.04)
     A reaction: That is a spectaculary bad advert for giving an established religion a leading role in society. It is relevant to the upbringing of children, as well as to slaves.
25. Social Practice / E. Policies / 5. Education / a. Aims of education
In monarchies education ennobles people, and in despotisms it debases them [Montesquieu]
     Full Idea: Just as the purpose of education in monarchies is to ennoble men's hearts, so its purpose in despotic states is to debase them. In despotic states education must be servile.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 04.03)
     A reaction: This is an early insight into the way that all social institutions, such as education, are largely pawns of a larger political system.
25. Social Practice / E. Policies / 5. Education / c. Teaching
Teaching is the best practice of the general virtue that leads us to love everyone [Montesquieu]
     Full Idea: It is when we instruct others that we can best practice that general virtue which teaches us to love everyone.
     From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], Preface)
     A reaction: A very nice thought. One tricky issue is that some people dislike, and even resent, being taught. If we all just adored both teaching and learning, we would be in a sort of paradise, but it doesn't seem to happen.