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Montesquieu (1689–1755) is regarded as one of the most important thinkers of the Enlightenment. His Lettres persanes and L'Esprit des lois have been read by students and scholars throughout the last two centuries. While many have associated Montesquieu with the doctrine of the "separation of powers" in the history of ideas, Rebecca E. Kingston brings together leading international scholars who for the first time present a systematic treatment and discussion of the significance of his ideas more generally for the development of Western political theory and institutions. In particular, Montesquieu and His Legacy supplements the conventional focus on the institutional teachings of Montesquieu with attention to the theme of morals and manners. The contributors provide commentary on the broad legacy of Montesquieu's thought in past times as well as for the contemporary era.
Political science --- Political philosophy --- Philosophy. --- Montesquieu, Charles de Secondat, --- Mengdesijiu, --- Mongtētkiʻǣ, --- Monteskʹe, Sharlʹ Lui, --- Monteskīĭ, --- Monteskiusz, --- Monteskiyü, --- Monṭesḳyeh, --- Montesquieu, --- Montesquieu, Charles Louis de Secondat, --- Montesquiou, --- Montesukyū, --- Muntisikyū, --- Secondat, Charles-Louis de, --- מונטסקייה --- モンテスキウ̄, --- 孟德斯鳩,
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This is a study of the political theory of the Enlightenment, focusing on four leading eighteenth-century thinkers: David Hume, Adam Smith, Montesquieu and Voltaire. Dennis C. Rasmussen calls attention to the particular strand of the Enlightenment these thinkers represent, which he terms the 'pragmatic Enlightenment'. He defends this strand of Enlightenment thought against both the Enlightenment's critics and some of the more idealistic Enlightenment figures who tend to have more followers today, such as John Locke, Immanuel Kant and Jeremy Bentham. Professor Rasmussen argues that Hume, Smith, Montesquieu and Voltaire exemplify an especially attractive type of liberalism, one that is more realistic, moderate, flexible, and contextually sensitive than most other branches of this tradition.
Enlightenment. --- Liberalism. --- Liberal egalitarianism --- Liberty --- Political science --- Social sciences --- Aufklärung --- Eighteenth century --- Philosophy, Modern --- Rationalism --- Hume, David, --- Smith, Adam, --- Montesquieu, Charles de Secondat, --- Voltaire, --- Voltaire --- de Voltaire, F.-M. A. --- Vadé, Guillaume --- M. de V. --- Bazin --- Arouet, François Marie --- Mengdesijiu, --- Mongtētkiʻǣ, --- Monteskʹe, Sharlʹ Lui, --- Monteskīĭ, --- Monteskiusz, --- Monteskiyü, --- Monṭesḳyeh, --- Montesquieu, --- Montesquieu, Charles Louis de Secondat, --- Montesquiou, --- Montesukyū, --- Muntisikyū, --- Secondat, Charles-Louis de, --- מונטסקייה --- モンテスキウ̄, --- 孟德斯鳩, --- Arts and Humanities --- Philosophy
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How did the US judiciary become so powerful-powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to "cloak power" by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary-one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.
Judicial process --- Political questions and judicial power --- Judicial power --- Liberalism --- Jurisprudence --- Law --- Judiciary --- Justiciability --- Power, Judicial --- Constitutional law --- Courts --- Implied powers (Constitutional law) --- Judicial independence --- Separation of powers --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Rule of law --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Procedure (Law) --- Political aspects --- History. --- Literary history --- Psychological aspects --- Interpretation and construction --- Montesquieu, Charles de Secondat, --- Blackstone, William, --- Mengdesijiu, --- Mongtētkiʻǣ, --- Monteskʹe, Sharlʹ Lui, --- Monteskīĭ, --- Monteskiusz, --- Monteskiyü, --- Monṭesḳyeh, --- Montesquieu, --- Montesquieu, Charles Louis de Secondat, --- Montesquiou, --- Montesukyū, --- Muntisikyū, --- Secondat, Charles-Louis de, --- מונטסקייה --- モンテスキウ̄, --- 孟德斯鳩, --- judicial activism, blackstone, montesquieu, law, legal system, political science, power, authority, judiciary, constitutionalism, democracy, spirit of the laws, separation powers, courts, juries, reform, tocqueville, hamilton, oliver wendell holmes jr, individualism, liberalism, nonfiction, lord mansfield, sovereignty, reason, history, due process, jurisprudence.
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Democracy in Moderation views constitutional liberal democracy as grounded in a principle of avoiding extremes and striking the right balance among its defining principles of liberty, equality, religion, and sustainable order, thus tempering tendencies toward sectarian excess. Such moderation originally informed liberal democracy, but now is neglected. Moderation can guide us intellectually and practically about domestic and foreign policy debates, but also serve the sustainability of the constitutional, liberal republic as a whole. Our recent theory thus doesn't help our practice, given our concerns about polarization and sectarianism in ideas, policy, and politics. A rediscovery of Montesquieu and his legacy in shaping America's complex political order, including influence on Washington's practical moderation and Tocqueville's philosophical moderation, addresses these enduring theoretical and practical problems. Moderation also offers a deeper theory of leadership or statesmanship, particularly regarding religion and politics, and of foreign policy and strategy rooted in liberal democracy's first principles.
Liberalism --- Philosophy. --- Montesquieu, Charles de Secondat, --- Tocqueville, Alexis de, --- Tocqueville, Alexis Charles Henri Maurice Clérel de, --- Tokvilʹ, Alekseĭ de, --- De Tokvilʹ, Alekseĭ, --- Tokvilʹ, Aleksis de, --- De Tocqueville, Alexis, --- Tokuviru, Alexis, de, --- Toqueville, Alexis de, --- טוקוויל, אלכסיס דה --- توكڤيل، ألكسي دو، --- Tūkvīl, Āliksī dū, --- توکويل، آلکسى دو --- Clérel, Alexis Henri Charles de, --- Mengdesijiu, --- Mongtētkiʻǣ, --- Monteskʹe, Sharlʹ Lui, --- Monteskīĭ, --- Monteskiusz, --- Monteskiyü, --- Monṭesḳyeh, --- Montesquieu, --- Montesquieu, Charles Louis de Secondat, --- Montesquiou, --- Montesukyū, --- Muntisikyū, --- Secondat, Charles-Louis de, --- מונטסקייה --- モンテスキウ̄, --- 孟德斯鳩, --- Moderation --- Democracy. --- Political aspects. --- Self-government --- Political science --- Equality --- Representative government and representation --- Republics --- Golden mean --- Mean, Golden --- de Montesquieu, Charles-Louis de Secondat, 1689-1755 --- Tocqueville, Alexis Charles Henri Maurice, 1805-1859
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