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The Spirit Of Laws
''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 the Laws'', is a treatise on political theory, as well as a pioneering work in comparative law, 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 the first English translation. 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 ''Democracy in America''. Macaulay referenced Montesquieu's co ... [...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, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Republic
A republic () is a " state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th centuries, the term was used to imply a state with a democratic or representative constitution (constitutional republic), but more recently it has also been used of autocratic or dictatorial states not ruled by a monarch. It is now chiefly used to denote any non-monarchical state headed by an elected or appointed president. , 159 of the world's 206 sovereign states use the word "republic" as part of their official names. Not all of these are republics in the sense of having elected governments, nor is the word "republic" used in the names of all states with elected governments. The word ''republic'' comes from the Latin term ''res publica'', which literally means "public thing", "public matter", or "public affair" and was used to ref ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Thought
Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by developing knowledge, concepts, theories and assessing them in the given environment. This cognitive proficiency gives a sense of contentment and replaces the feeling of helplessness. Apart from bringing ease to the ego of a person, new knowledge and ideas also bring a hope for the future. Freedom of thought is the precursor and progenitor of—and thus is closely linked to—other liberties, including freedom of religion, freedom of speech, and freedom of expression. Though freedom of thought is axiomatic for many other freedoms, they are in no way required for it to operate and exist. The conception of a freedom or a right does not guarantee its inclusion, legality, or protection via a philosophical caveat. It is a very important con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is now outlawed in most countries of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proportionality (law)
Proportionality is a general principle in law which covers several separate (although related) concepts: *The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. *Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. *Under international humanitarian law governing the legal use of force in an armed conflict, ''proportionality'' and '' distinction'' are important factors in assessing military necessity. *Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. Proportionality as a general princip ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Innocence
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt. In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law, which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in a criminal trial. It is also an international human right under the UN's Universal Declaration of Human Rights, Article ... [...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 Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as 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 is proven guilty, in Articles 6, 7, 8 and 11, the k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Two Treatises Of Government
''Two Treatises of Government'' (or ''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 contract theory. The book is a key foundational text in the theory of Liberalism. This publication contrasts 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 endorses aristocracy, slavery and se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of 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 rights and freedoms under the rule of law. Locke's theory of mind is of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Political System
In political science, a political system means the type of political organization that can be recognized, observed or otherwise declared by a 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. The major types of political systems are democracies, monarchies, and authoritarian and totalitarian regimes with varying Hybrid regime, hybrid systems. Definition According to David Easton, "A political system can be designated as the interactions through which values are authoritatively allocated for a society". Social political science The sociological interest in politi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Despotism
Despotism ( el, Δεσποτισμός, ''despotismós'') is a form of government in which a single entity rules with absolute power. Normally, that entity is an individual, the despot; but (as in an autocracy) 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, subjects, 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''. Etymology The root ''despot'' comes from the Greek word ''despotes'', which means "master" or "one with power." The term has been used to describe many rulers and governments throughout history. It connoted the absolute authority and power exercised by the Pharaohs of Ancient Egypt, signified nobility in Byzantine courts, designated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
