The Sources of Wealth and Future of the Constitution in The Spirit of the Laws: The Implicit Contrast Between Eighteenth-Century England and the Late Roman Republic

The most famous chapter of Montesquieu’s The Spirit of the Laws (1748), Book XI, Chapter 6, 'On the constitution of England,' was an important inspiration to the creators of modern constitutions, to which they often referred. However, as a result of scholarly focus on the political institu...

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Bibliographic Details
Published inRevue d'études benthamiennes
Main Author Sadamori, Ryo
Format Journal Article
LanguageEnglish
Published Centre Bentham 23.10.2023
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Summary:The most famous chapter of Montesquieu’s The Spirit of the Laws (1748), Book XI, Chapter 6, 'On the constitution of England,' was an important inspiration to the creators of modern constitutions, to which they often referred. However, as a result of scholarly focus on the political institutions discussed in this book, Montesquieu’s economic analysis has been woefully neglected. In order to correct this scholarly imbalance, this paper will elucidate the essential significance of Montesquieu’s comparison between the constitution of modern England and that of ancient Rome in Book XI of The Spirit of the Laws; inextricable relationship between military and political institutions on the one hand, and the transfer and distribution of wealth on the other. To argue this point, this paper will focus on Montesquieu’s other writings in the same year and shortly after the publication of The Spirit of the Laws: the revised edition in 1748 of The Considerations on the Causes of the Greatness of the Romans and their Decline (1734), for example, included substantial additions to the first edition, much of which was centered on the sources and distribution of wealth in ancient Rome. Secondly, an important letter to William Domville, a friend of Montesquieu in England, drafted in 1749 but never sent, contrasts the military despotism of late republican Rome with the freedom of 18th century England, attributing much of the differences to the two nations’ sources of wealth. By referring to these two writings, we can understand that unlike the political system of republican Rome, which was finally transformed into a military despotism, Montesquieu believes that the main reason why the English had been able to maintain their liberty and the rule of law resides in the way they acquired wealth. The source of the Romans' wealth was the plunder and taxation of conquered nations, and the resulting extreme inequality of wealth caused the collapse of their republican regime. The English, on the other hand, sought their sources of wealth in their proper industry and commerce, without recourse to military force, and by accumulating small profits over a long term, created a 'middle class' which became the bearers of both political freedom and the rule of law in the country. From the above analysis, this paper reveals the broader context in which Montesquieu’s views of political economy in The Spirit of the Laws, must be seen: i.e., the distribution of political power and the distribution of wealth are discussed as inseparable.
ISSN:1760-7507
DOI:10.4000/etudes-benthamiennes.10954