دانشکده حقوق و علوم سیاسی دانشگاه تهران
نوع مقاله : علمی-پژوهشی
نویسنده
دانشیار، دانشکده الهیات و معارف اسلامی، دانشگاه شیراز، شیراز، ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
Montesquieu is one of the Enlightenment thinkers that investigates the nature of the "law" with a distinct approach. By the means of a descriptive-analytical approach, this paper examines the effect of subjectivity on his theory of law. According to Montesquieu, in a liberal state, everyone has the spirit of freedom and must be under their own will. The autonomy of the will in the realm of society manifests itself in the "law;" as a result, following the law is tantamount to freedom. Although Montesquieu addresses "natural law", his thoughts concerning the origination of natural law from the right of self-preservation and separation from theological and metaphysical referents, bring him closer to the modern approach. Under the influence of subjectivity, nature ends with the entry of man into society, and contract law replaces natural law. Although human law is the manifestation of the self-determined human will, it arises from the nature of social organism .Therefore, Montesquieu emphasizes the non-interference of religion in the field of human law. Although subjectivity can be traced in Montesquieu's thought, there are signs of its incompleteness and the existence of eclectic aspects in the relationship between modern and pre-modern literature in some of his expressions.
کلیدواژهها English
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