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Single Idea 19989

[filed under theme 24. Political Theory / C. Ruling a State / 2. Leaders / c. Despotism ]

Full Idea

Under despotism, the law is nothing more than the will of the ruler. Even if the despot were wise, how could a magistrate follow a will unknown to him? He has no choice but to follow his own.

Gist of Idea

The will of a despot is an enigma, so magistrates can only follow their own will

Source

Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 05.16)

Book Ref

Montesquieu,Baron de: 'Selected Political Writings', ed/tr. Richter,Melvin [Hackett 1990], p.158

The 56 ideas from 'The Spirit of the Laws (rev. 1757)'

19956 True goodness is political, and consists of love of and submission to the laws [Montesquieu]
19957 Teaching is the best practice of the general virtue that leads us to love everyone [Montesquieu]
19958 Laws are the necessary relations that derive from the nature of things [Montesquieu]
19959 Prior to positive laws there is natural equity, of obedience, gratitude, dependence and merit [Montesquieu]
19960 Sensation gives animals natural laws, but knowledge can make them break them [Montesquieu]
19962 Men do not desire to subjugate one another; domination is a complex and advanced idea [Montesquieu]
19961 Primitive people would be too vulnerable and timid to attack anyone, so peace would reign [Montesquieu]
19963 People are drawn into society by needs, shared fears, pleasure, and knowledge [Montesquieu]
19964 The natural power of a father suggests rule by one person, but that authority can be spread [Montesquieu]
19967 In a democracy the people should manage themselves, and only delegate what they can't do [Montesquieu]
19966 A democratic assembly must have a fixed number, to see whether everyone has spoken [Montesquieu]
19965 The fundamental laws of a democracy decide who can vote [Montesquieu]
19968 It is basic to a democracy that the people themselves must name their ministers [Montesquieu]
19969 Voting should be public, so the lower classes can be influenced by the example of notable people [Montesquieu]
19971 Aristocracy is democratic if they resemble the people, but not if they resemble the monarch [Montesquieu]
19970 If the nobility is numerous, the senate is the artistocracy, and the nobles are a democracy [Montesquieu]
19972 The nobility are an indispensable part of a monarchy [Montesquieu]
19974 Monarchs must not just have links to the people; they need a body which maintains the laws [Montesquieu]
19973 The clergy are essential to a monarchy, but dangerous in a republic [Montesquieu]
19975 Despots are always lazy and ignorant, so they always delegate their power to a vizier [Montesquieu]
19976 Ambition is good in a monarchy, because the monarch can always restrain it [Montesquieu]
19977 Despotism and honour are incompatible, because honour scorns his power, and lives by rules [Montesquieu]
19978 In monarchies, men's actions are judged by their grand appearance, not their virtues [Montesquieu]
19979 In monarchies education ennobles people, and in despotisms it debases them [Montesquieu]
19980 If a government is to be preserved, it must first be loved [Montesquieu]
19981 No one even thinks of equality in monarchies and despotism; they all want superiority [Montesquieu]
19982 Some equality can be achieved by social categories, combined with taxes and poor relief [Montesquieu]
19983 Democracies may sometimes need to restrict equality [Montesquieu]
19984 Great inequality between aristocrats and the rest is bad - and also among aristocrats themselves [Montesquieu]
19985 In a monarchy, the nobility must be hereditary, to bind them together [Montesquieu]
19986 Monarchies can act more quickly, because one person is in charge [Montesquieu]
19987 Religion has the most influence in despotic states, and reinforces veneration for the ruler [Montesquieu]
19988 A despot's agents must be given power, so they inevitably become corrupt [Montesquieu]
19989 The will of a despot is an enigma, so magistrates can only follow their own will [Montesquieu]
19990 Democracy is corrupted by lack of equality, or by extreme equality (between rulers and ruled) [Montesquieu]
19991 Equality is not command by everyone or no one, but command and obedience among equals [Montesquieu]
19993 In small republics citizens identify with the public good, and abuses are fewer [Montesquieu]
19992 In a large republic there is too much wealth for individuals to manage it [Montesquieu]
19994 Freedom in society is ability to do what is right, and not having to do what is wrong [Montesquieu]
19995 All states aim at preservation, and then have distinctive individual purposes [Montesquieu]
19999 All citizens (apart from the very humble poor) should choose their representatives [Montesquieu]
19998 If deputies represent people, they are accountable, but less so if they represent places [Montesquieu]
19996 A government has a legislature, an international executive, and a domestic executive [Montesquieu]
19997 The judiciary must be separate from the legislature, to avoid arbitrary power [Montesquieu]
20000 Slavery is entirely bad; the master abandons the virtues, and they are pointless in the slave [Montesquieu]
20003 Slaves are not members of the society, so no law can forbid them to run away [Montesquieu]
20002 The death penalty is permissible, because its victims enjoyed the protection of that law [Montesquieu]
20001 The only right victors have over captives is the protection of the former [Montesquieu]
20004 French slavery was accepted because it was the best method of religious conversion [Montesquieu]
20006 The demand for slavery is just the masters' demand for luxury [Montesquieu]
20005 The rich would never submit to a lottery deciding which part of their society should be slaves [Montesquieu]
20007 Tyranny is either real violence, or the imposition of unpopular legislation [Montesquieu]
20008 People are guided by a multitude of influences, from which the spirit of a nation emerges [Montesquieu]
20009 Freedom of speech and writing, within the law, is essential to preserve liberty [Montesquieu]
20010 If religion teaches determinism, penalties must be severe; if free will, then that is different [Montesquieu]
20011 Religion can support the state when the law fails to do so [Montesquieu]