201. Rethinking the Real: Reading the Persian Letters With the Spirit of the Laws.
- Author
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Constable, Marianne
- Subjects
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LAW , *SOCIOLOGY , *SOCIOLOGISTS , *NATURAL law , *CONSTITUTIONS , *THEOLOGY - Abstract
At the same time as they consider Montesquieu the Father of Social Science or the main precursor to sociology, critics declare Montesquieu's methodology unreliable and find his claims to be lacking. They declare him the first sociologist of law even as they criticize him for his unfortunate attachment to natural law and to the English Constitution — the very qualities to which those who view him as a great political theorist point admiringly, while deploring his descriptions of particular countries and governments. This paper seeks the outlines of an understanding of Montesquieu that allows one to treat his work neither as confusedly marking a rupture between natural law/theology and positive law/social science, nor as simply the nexus between classical political thought and modern social theory. Reading The Persian Letters (1721) with The Spirit of the Laws (1748) shows Montesquieu to be as aware of the hazards of a one-sided ethnocentrism as of the perils of objectivity and relativism. Concerned with both French character and the possibility of doing justice to or by the laws of others, with both science and moral improvement, these works reveal an attempt to "rethink the real" which neither appeals to a metaphysical distinction between the real and the ideal (as normative theorists are wont to do) nor locates 'reality" simply in this world (as later positivists and social scientists, looking to Montesquieu, would have him do). Instead Montesquieu considers the conditions under which the distinction between the apparent and the real, whether the latter is located here or elsewhere, is abolished - the conditions of judgement. [ABSTRACT FROM AUTHOR]
- Published
- 2004