Document Type : Article
Author
Associate Prof, Faculty of Theology and Islamic Studies, Shiraz University, Shiraz, Iran
Abstract
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.
Keywords
English
- A) Books
- Cicero, M. T (1928) , De Re Publica; De Legibus , tr: C. W. Keyes, Cambridge: Harvard University Press.
- Durkheim, Emile (1960), Montesquieu and Rousseau, Forerunners of Sociology, First edition, U.S.A: The University of Michigan Press.
- Kant, Immanuel (1909), Critique of Practical Reason, Trans, TK abbott. New York: Prometheus Books.
- Kant, Immanuel (2006), Groundwork of the Metaphysics of Morals,Translated and Edited By Mary Gregor. England: Cambridge University Press.
- Kant, Immanuel (1996), Practical Philosophy, Translated and Edited By Mary Gregory. England: Cambridge University. Press..
References in Persian:
- A) Books
- Aristotle (1992), Politics, translated by Hamid Enayat, Tehran: Scientific and Cultural Publications (In Persian).
- Aristotle (2011), Metaphysics, translated by Sharafuddin Khorasani, Tehran: Hikmat (In Persian).
- Bendasi, Mehdi (2018) Proportionality of Democracy in Iran's Constitution with Montesquieu's Political Thought, Master's Thesis, Supervisor: Hamid Salehi, Allameh Tabatabai University (In Persian).
- Cassirer, Ernest (2012), Philosophy of Enlightenment, translated by Yadullah Moqan, second edition, Tehran: Nilufar Publications (In Persian).
- Copleston, Frederick Charles (2013), History of Philosophy (Greece and Rome), Volume 1, translated by Seyyed Jalaluddin Mojtaboi, 9th edition, Tehran: Scientific and Cultural Publications (In Persian).
- Davari Ardakani, Reza (1994), Philosophy in crisis, first edition, Tehran: Amirkabir Publications (In Persian).
- Davari Ardakani, Reza (1995), What is philosophy? Tehran: Research Institute of Human Sciences and Cultural Studies (In Persian).
- Davari Ardakani, Reza (2007), About the West, 6 (1), Tehran: Hermes Publications (In Persian).
- Davari Ardakani, Reza (2011), about science, 3 (1), Tehran: Hermes Publications (In Persian).
- Hobbs, Thomas, (2006), Leviathan, translated by Hossein Bashirieh, 4th edition, Tehran: Ney Publishing (In Persian).
- Jones, V. T (2004), Gods of Political Thought, 2 (2), (Montesquieu, Rousseau, Burke, Bentham), translated by Ali Ramin, 6th edition, Tehran: Amirkabir Publications (In Persian).
- Kallinikos, Alex (2015), A historical introduction to social theory, translator: Akbar Masoum-Beigi, second edition, Tehran: Agah Publications (In Persian).
- Kapleston, Frederick Charles (2009), History of Philosophy (from Wolff to Kant), sixth volume, translated by Ismail Saadat and Manouchehr Bozorgmehr, sixth edition, Tehran: Scientific and Cultural Publications (In Persian).
- Montesquieu, Charles de (1950), Ruhol al-Quwanani, translated by Ali Akbar Mehtadi, 6th edition, 1950, Tehran: Amir Kabir Publications (In Persian).
- Montesquieu, Charles de (1956), Considerations on the Causes of the Greatness and Decline of the Romans, translated and written by: Ali Akbar Mehtadi, Tehran: Amirkabir Publications (In Persian).
- Montesquieu, Charles de, (1822), Iranian letters, translated by H. Arsanjani, Tehran, Morouj Bookstore Publications (In Persian).
- Moradi Shurbalaghi, Mohammad (2008) The influence of the opinions of Enlightenment thinkers (Montesquieu, Voltaire and Rousseau) on the thinkers of the constitutional movement, Master's thesis, supervisor: Mohammad Ali Akbari, Shahid Beheshti University (In Persian).
- Plato (2001), collection of works, translated by Mohammad Hasan Lotfi, Tehran: Khwarazmi (In Persian).
- Poladi, Kamal (2001), from the state of authority to the state of reason in modern political philosophy, first edition, Tehran: Nahr-e-Karzan (In Persian).
- Poladi, Kamal (2004), History of Political Thought in the West from Machiavelli to Marx, 2nd edition, Tehran: Markaz Publishing (In Persian).
- Sanei Darehbidi, Manouchehr (2005), Basics of Philosophical Thoughts (General Philosophy), first edition, Tehran: Amirkabir Publications (In Persian).
- Strauss, Leo (1994), Natural Law and History, translated by Baqer Parham, first edition, Tehran: Aghat Publications (In Persian).
- Strauss, Leo (2017), A political introduction to philosophy, translated by Yashar Jirani, first edition, Tehran: Agah Publishing (In Persian).
- Tamimi, Ruqiyeh (2012) Studying the concept of freedom and law in the thought of Imam Khomeini (RA), John Locke and Montesquieu, Tehran: Arouj publishing (In Persian).
- Vincent, Andrew (2004), Theories of Government, translated by Hossein Bashirieh, 4th edition, Tehran: Ney Publishing (In Persian).
- Zia Shahabi, Parviz (2012), A phenomenological introduction to Descartes' philosophy, Tehran: Hermes Publications (In Persian).
- B) Articles
- Javidi, Mojtabi (2019), "Jean-Jacques Rousseau's social contract theory with a methodological approach", Andishe Dini, 19 (14) (73 series), pp. 25-50 (In Persian).
- Javidi, Mojtabi (2020), "A Methodological Look at Thomas Hobbes' Social Contract Theory", Public Law Studies, Vol.50, No.2, pp. 685-709 (In Persian).
- Javidi, Mojtabi (2021), "Manifestation of subjectivity in Jean-Jacques Rousseau's theory of public will", Public Law Studies, Vol.51, No. 1, pp. 369-388 (In Persian).
- Kechuian, Hossein (2016), "Sociological and critical analysis of the nature of modern science", lectures of the first course of the National Humanities Elite Discourse Project, summer 2015, prepared and edited by: Islamic Propaganda Office of Qom Seminary, Center of Theoretical Foundations and Nizam Motaqan of human and Islamic sciences, first edition, Qom: Bostan Kitab Institute (In Persian).
- Mansoorabadi, Abbas & Mousavi Asal, Seyed Saeed (2015), "Conceptual Evolution of Natural Law under Cartesian Subjectivity", Private Law, 12 (2), Autumn and Winter 2014, pp. 205-231 (In Persian).
- Mousavi Asl, Seyed Saeed (2018), "Subjective Approach to Law in Kant's Philosophy", Islamic Wisdom, Vol.5, No.1, pp. 61-78 (In Persian).
- Talebzadeh, Seyed Hamid (no date), "Kant's philosophy, a collection of topics presented in the undergraduate course of Tehran University", 13th session
- Talebzadeh, Seyedhamid (2002), "Looking at the Metaphysical Foundations of Will", Philosophical Magazine, Autumn and Winter 2013, Vol.6, No.7, pp. 103-116 (In Persian).
- Talebzadeh, Seyedhamid (2004), Philosophical analysis of the relationship between mathematics and modern science, Philosophical Journal, issue 10, pp. 51-76 (In Persian).
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