9 - Liberty in Montesquieu

Summary

The Spirit of the Laws (1748) is often considered one of the founding works of political liberalism. Yet more recently, a series of interpreters have thrown doubt on this dominant reading. In order to revisit and assess this debate, this contribution delineates Montesquieu’s definition of political liberty as distinct from so-called “philosophical” liberty. It considers his “solution” to the threat despotism poses to all forms of government, namely, the distribution of state powers and the division of social forces, while evaluating the status of the “English model.” Finally, it probes the original distinction between political and civil liberty, while showing that Montesquieu’s political theory cannot be integrated into the tradition of republicanism conceived as a theory of participatory self-rule. In The Spirit of the Laws, the understanding of liberty fits neither a standard liberal view nor a civic republican one; it includes elements that reach beyond both, such as a political culture grounded on honor as much as on the love of liberty.