Recent Discussion on Law and Politics: Montesquieu and the 4 Schools of Legal Theory

Montesquieu’s (1748) principle of the division of powers in the state is the longest serving theory in real politics, retaining its importance for over 200 hundred years. At least from a formal point of view, most constitutions in written form follow his paradigm. For the rule of law and political order, parliamentary democracies definitely apply or impose Montesquieu ‘s ideal-type. How does this great political theory match with the jurisprudence of the major schools on what law is and the role of judges in adjudication? This problem has never been raised, but in, for example, parliamentarism and presidentialism, it is as central to the paradigm of Montesquieu as the evolving ties between executive and legislature. The teachings of legal positivism and legal positivism, to preserve the equilibrium of Montesquieu, They appear most instrumental in pragmatism. When a nation says goodbye to Oriental Despotism, more than anything else, they rely on Montesquieu. “Eastern despotism” is also said to be like “orientalism,” coined by Europeans like Montesquieu and other thinkers of the Enlightenment to uplift Europe and downgrade Asia. But we still find despotism today in many Central Asian countries.

Author(s) Details

Jan-Erik Lane
Public Policy Institute, Belgrade, Yangon, Myanmar.

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