Montesquieu and the Concept of the Non-Arbitrary State

Bibliographic Data

ID3970936
AuthorsFinja Petersen (0000-0002-6871-3651, University of Münster, corresponding author)
Year2023
Volume28
Issue1
Pages25-43
Publication date2023-01-02
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueThe European Legacy (JOURNAL)
Journal identifiersISSN: 1084-8770 • E-ISSN: 1470-1316
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/10848770.2022.2106638
OpenAlexW4289528419
LanguageEN
Citations received1
References cited35

While Montesquieu (1689–1755) is often regarded as the thinker who discovered the importance of fundamental principles such as the rule of law and the separation of powers, systematic research of his theory of the state is surprisingly limited. In this article, I argue that his masterpiece, The Spirit of the Laws (1748), points to a theory of the non-arbitrary state. Montesquieu’s comparative study of various governments demonstrates that modern liberty depends on the rule of law. Since many states have laws but few of them guarantee liberty, he stressed that the rule of law requires the separation of the judicial from the legislative and executive powers. The constitution of an independent judicial branch separates the sphere of justice from the political sphere, which creates the basic structure of the non-arbitrary state. Depending on the distribution of power in either of the two spheres, non-arbitrary states can guarantee their citizens more or less liberty. The concept of the non-arbitrary state thus illuminates Montesquieu’s significance for the variety of political projects that emerged in the age of revolutions

Constitution · Economic Justice · Law and economics · Legislature · Physics · Political science · Politics · Quantum mechanics · Rule of law · Separation of powers · Sociology · American Constitutional Law and Politics · European Political History Analysis · Law · Mathematics · Political Theory and Influence

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