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Montesquieu Geography That The Legal Philosophy Of Meaning,

Posted on:2007-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ShiFull Text:PDF
GTID:2206360185472294Subject:Jurisprudence
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The geography theory is the most unique contribution that Montesquieu has made to the "initiation thought". He associates the legal system with the geographical environment. For a long time, there have been so many arguments in his geography theory. The main issue is whether Montesquieu is a geography determinist, or he creates many fallacies, such as the slave system and the multi_wives system. This dissertation attempts to analyze the writing intention of the spirit of laws, and understand his Geography theory.This dissertation consists of five parts:In introduction, the author puts forward the question by narrating generally Montesquieu's geography theory. The question is that how we study the theory in law philosophy.The first chapter is a comparative study of Montesquieu's geography theory which is a necessary differentiation between Montesquieu's geography and a general legal philosophy.The second chapter deepens the comprehension of Montesquieu's geography and demonstrates Montesquieu's spiritual premise. In this chapter, to clarify the real intention of the spirit of laws, the author makes an analysis of Montesquieu's thought about natural laws, and then discusses the transformation from this doctrine to positive laws. In this transformation, the spirit of laws is a kind of legal philosophy. In general, he takes the nation as an essence of beings. This essence appears as a combination of natural status and social status in accordance with four natural law axioms. Montesquieu's theory of national essence is the foundation of his geography theory.The third chapter, the author analyzes Montesquieu's geography theory in political_law dimensioa Montesquieu points out: the geography environment is a part of the national essence. The essence of nation should comply with its natural environment. In this degree, the author acclaims geography has a particular significance in legal philosophy. The essence illuminates the...
Keywords/Search Tags:Montesquieu, Natural law, The spirit of laws, Nation, Geography environment
PDF Full Text Request
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