BF190 Lecture Notes - Oct 9, 2019
Spirit of the Laws
Why do we have the laws we do?
Laws = Not only criminal dos and don’ts but general structures of government
(civic laws)
General Answer:
Laws arise according to range of factors specific to conditions in different societies
(environmental and economic aspects, religious traditions, type of government)
This means that:
If we understand which laws are best for which type of society we can better evaluate particular laws, and decide how to implement them
The Four Types of Government:
Democracy - Governed by all of the population
Aristocracy - Governed by some of the population
Monarchy - King with fixed laws and a power check
Despotism - Rule of one with no power checks
Structure of Republics: Council
-In a republic, decisions are made by a council.
-In a democracy, the council should be drawn by lottery.
-In an aristocracy, the council is chosen by the aristocrats, who relate to the people as a monarch or a despot.
-Who qualifies to vote is of major importance.
Structure of Monarchies: Hierarchy
-In a monarchy, the power and responsibility is distributed through a hierarchical system , which is governed by laws that are ultimately enforced by the king who occupies the top.
(Thus in a monarchical aristocracy, there is a group who occupy the position of king and choose from amongst themselves a council to perform the royal duties.)
Structure of Despotisms: Vizir
In a despotism, everyone is equal in absolute servitude to the despot.

-The despot devotes him or herself to pleasure and appoints a vizir to do the dirty work, transferring absolute power temporarily.
-Note the racist element here.
Spirit of the Laws in BF190
Key Powers in BF190
-Designing the syllabus
-Deciding on themes, readings, assignments
-Teaching content
-Lectures, help outside the class
-Evaluating performance
-Grading
-Maintaining order
-Academic and non-academic standards of conduct
Who should hold these powers?
-A professor
-A group of 10 students elected by the top 30 students
-All students and professor working together
Class Discussion:
Professor
-Professor may not know the needs of the students
-Lack of squabbling about every assignment etc. if a professor is in charge
10 Students Elected By Top 30
-More student focused
-They may be biased and provoke inequality among all students
All Students
-Increases student engagement
-Difficult to make decisions
What motor propels each type of government?
-Each type of government is propelled by a unique principle (or feelings, set of values, civic orientation)
A motor, or “principle” of government:
-The driving force that keeps each type of government functioning
Corruption:

When motors fail, or when laws (structures of government break down) cease to be upheld
Motor of Republics: Virtue
Because those who make and enforce the law (the council) are themselves subject to the law
(citizens), there must be some extra force to keep them from abusing power: Virtue.
-Virtue is love of country and thirst for “true” honour (doing the right thing, not just doing what others believe you’re supposed to do)
. It requires self-sacrifice and self-denial.
Motor of Monarchies: “False” Honour
-Because the law divides the power and responsibility hierarchically, it is more difficult to abuse.
(No one gets to decide their own powers and responsibilities) .
-Thus, desire for “false” honour
(doing what you’re supposed to do) is okay. It will use your own self-interest to get you to do what you wouldn’t otherwise.
Motor of Despotisms: Fear
-Because there can be only one inequality (between the despot and everyone else), power and responsibility (and therefore honour) cannot be divided. Therefore, the only way to turn selfinterest towards the interests of the state is through fear of capricious punishment. (The law is the despot’s will).
Corruption
What is corruption for Montesquieu?
-1) The danger is not the change from one form of moderate government to another, bt from a moderate form of government to despotism.
-Corruption begins with the corruption of the principle.
The corruption of a republic: Loss of faith in a virtue
-When the people lose faith in the virtue of their councillors, the laws designed to guarantee equality seem to be in the interest of those councillors, so the people wish to be free of them. Eg. they wish to not pay taxes. They divide the commonwealth.
Corruption of a monarchy: Micromanagement
-A monarchy becomes corrupted when the monarch micromanages, collapsing the hierarchy to him or herself
-When he or she becomes menacing and severe
-Or when he or she believes him or herself to be in danger, forgets that he or she is protected by laws.
Corruption of Despotism: No obstacle
-Despotism IS corruption

-It is only kept from being completely corrupted by some external obstacle