1789 Declaration of the Rights of Man & Citizen

However, this is not to say that he assumed that one set of laws was the best for all batch in all parts of the cosmea. On the contrary, Montesquieu believed that the law should be adapted to the people for whom they have been designed and in agreement with the nature of the government that exists. For Montesquieu, even the quality of a nation's discolouration can impact the formulation of the laws. It is a unique repose that is struck when laws argon devised, and this balance works when law takes into draw all relevant contingencies: the peoples religion, social habits, numbers, origins, etc. On this view, the laws and institutions that the world will produce will not all adapt to the exact same set of general, basic, and least of all raw(a), principles.

These views tin in direct opposition to those contained in the firmness, which insists that the rights of man be natural and hence, fixed and "incontestable (Hunt 77)." And yet, Montesquieu would nonetheless agree with numerous of the provisions of the Dec

Indeed, it is Montesquieu's conception of a state in which the people are sovereign that squares the nearly consistently with the Declaration's own prescriptions.

According to Montesquieu, the democratic state essential give the people the power to choose their own ministers and senators; the Declaration also asserts that all citizens have the right to "hold accountable every ordinary agent of the administration (Hunt 79)." However, Montesquieu understands that a democracy is a tenuous thing, and that it asks individuals to behave in a room that is not necessarily natural to them. Because democracy asks the citizen to consider the public good before his own self-interest, in a instinct democracy is asking the citizen to behave contrary to his nature. The Declaration, of course, asserts the opposite motif: that the points of fact laid out in the document are the essence of natural law, and that the rights of man to democratic institutions are "natural and imprescriptable (Hunt 78)."

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