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De L'esprit Des Lois
''The Spirit of Law'' (French: ''De l'esprit des lois'', originally spelled ''De l'esprit des loix''), also known in English as ''The Spirit of heLaws'', is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. Originally published anonymously, as was the norm, its influence outside France was aided by its rapid translation into other languages. In 1750 Thomas Nugent published an English translation, many times revised and reprinted in countless editions. In 1751 the Roman Catholic Church added ''De l'esprit des lois'' to its ''Index Librorum Prohibitorum'' ("List of Prohibited Books"). Montesquieu's treatise, already widely disseminated, had an enormous influence on the work of many others, most notably: Catherine the Great, who produced '' Nakaz'' (''Instruction''); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu's methods to a study of American society, in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Montesquieu
Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word ''despotism'' in the political lexicon.. His anonymously published '' The Spirit of Law'' (1748), which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the U.S. Constitution. Biography Montesquieu was born at the Château de la Brède in southwest France, south of Bordeaux. His father, Jacques de Secondat (1654–1713), was a soldier with a long noble ancestry, including descent from Richard de la Pole, Yorkist claimant to the English crown. His mother, Mari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. In legal systems of the civil law tradition, it is that part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law tradition), and the law of obligations (as it is called in the civil law tradition). Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ''ius publicum'' from ''ius privatum'' – the European, more exactly the continental law, p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention of Human Rights, in addition to numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Two Treatises Of Government
''Two Treatises of Government'' (full title: ''Two Treatises of Government: In the Former, The False Principles, and Foundation of Sir Robert Filmer, and His Followers, Are Detected and Overthrown. The Latter Is an Essay Concerning The True Original, Extent, and End of Civil Government'') is a work of political philosophy published anonymously in 1689 by John Locke. The ''First Treatise'' attacks patriarchalism in the form of sentence-by-sentence refutation of Robert Filmer's ''Patriarcha'', while the ''Second Treatise'' outlines Locke's ideas for a more civilized society based on natural rights and social contract, contract theory. The book is a key foundational text in the theory of liberalism. This publication contrasts with former political works by Locke himself. In ''Two Tracts on Government'', written in 1660, Locke defends a very conservative position; however, Locke never published it. In 1669, Locke co-authored the Fundamental Constitutions of Carolina, which endorse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Locke
John Locke (; 29 August 1632 (Old Style and New Style dates, O.S.) – 28 October 1704 (Old Style and New Style dates, O.S.)) was an English philosopher and physician, widely regarded as one of the most influential of the Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of the first of the British empiricists, following the tradition of Francis Bacon, Locke is equally important to social contract theory. His work greatly affected the development of epistemology and political philosophy. His writings influenced Voltaire and Jean-Jacques Rousseau, and many Scottish Enlightenment thinkers, as well as the American Revolutionaries. His contributions to classical republicanism and liberal theory are reflected in the United States Declaration of Independence. Internationally, Locke's political-legal principles continue to have a profound influence on the theory and practice of limited representative government and the protection of basic right ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Political System
In political science, a political system means the form of Political organisation, political organization that can be observed, recognised or otherwise declared by a society or state (polity), state. It defines the process for making official government decisions. It usually comprizes the governmental legal system, legal and economic system, social system, social and cultural system, and other state and government specific systems. However, this is a very simplified view of a much more complex system of categories involving the questions of who should have authority and what the government influence on its people and economy should be. Along with a basic sociological and socio-anthropological classification, political systems can be classified on a social-cultural axis relative to the liberal values prevalent in the Western world, where the spectrum is represented as a continuum between political systems recognized as democracies, totalitarian regimes and, sitting between these t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virtue
A virtue () is a trait of excellence, including traits that may be morality, moral, social, or intellectual. The cultivation and refinement of virtue is held to be the "good of humanity" and thus is Value (ethics), valued as an Telos, end purpose of life or a foundational principle of being. In human practical ethics, a virtue is a disposition to choose actions that succeed in showing high moral standards: doing what is said to be right and avoiding what is wrong in a given field of endeavour, even when doing so may be unnecessary from a utilitarianism, utilitarian perspective. When someone takes pleasure in doing what is right, even when it is difficult or initially unpleasant, they can establish virtue as a habit. Such a person is said to be virtuous through having cultivated such a disposition. The opposite of virtue is vice. Other examples of this notion include the concept of Merit (Buddhism), merit in Asian traditions as well as (Chinese language, Chinese ). Etymology The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aristocracy
Aristocracy (; ) is a form of government that places power in the hands of a small, privileged ruling class, the aristocracy (class), aristocrats. Across Europe, the aristocracy exercised immense Economy, economic, Politics, political, and social influence. In Western Christian countries, the aristocracy was mostly equal with magnates, also known as the titled or higher nobility, however the members of the more numerous social class, the untitled lower nobility (petty nobility or gentry) were not part of the aristocracy. Classical aristocracy In ancient Greece, the Greeks conceived aristocracy as rule by the best-qualified citizens—and often contrasted it favorably with monarchy, rule by an individual. The term was first used by such ancient Greeks as Aristotle and Plato, who used it to describe a system where only the best of the citizens, chosen through a careful process of selection, would become rulers, and hereditary monarchy, hereditary rule would actually have been f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Despotism
In political science, despotism () is a government, form of government in which a single entity rules with absolute Power (social and political), power. Normally, that entity is an individual, the despot (as in an autocracy), but societies which limit respect and power to specific groups have also been called despotic. Colloquially, the word ''despot'' applies pejoratively to those who use their power and authority to oppress their populace or subordinates. More specifically, the term often applies to a head of state or Head of government, government. In this sense, it is similar to the pejorative connotations that are associated with the terms ''tyrant'' and ''dictator''. Despot (court title), ''Despot'' has also been a Imperial, royal and noble ranks, royal title assumed by various leaders historically. Etymology The root ''despot'' comes from the Greek language, Greek word ''despotes'', which means "one with power." In ancient Greek usage, a ''despótès'' was technicall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Democracy
Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitive Election, elections while more expansive or maximalist definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections. In a direct democracy, the people have the direct authority to Deliberation, deliberate and decide legislation. In a representative democracy, the people choose governing officials through elections to do so. The definition of "the people" and the ways authority is shared among them or delegated by them have changed over time and at varying rates in different countries. Features of democracy oftentimes include freedom of assembly, freedom of association, association, personal property, freedom of religion and freedom of speech, speech, citizenship, consent of the governe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Despotic
In political science, despotism () is a form of government in which a single entity rules with absolute power. Normally, that entity is an individual, the despot (as in an autocracy), but societies which limit respect and power to specific groups have also been called despotic. Colloquially, the word ''despot'' applies pejoratively to those who use their power and authority to oppress their populace or subordinates. More specifically, the term often applies to a head of state or government. In this sense, it is similar to the pejorative connotations that are associated with the terms '' tyrant'' and '' dictator''. ''Despot'' has also been a royal title assumed by various leaders historically. Etymology The root ''despot'' comes from the Greek word '' despotes'', which means "one with power." In ancient Greek usage, a ''despótès'' was technically a master who ruled in a household over those who were slaves or servants by nature. The term has been used to describe many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
