Why Montesquieu was the first sociologist

In France, Montesquieu is often referred to as a sociological pioneer. But Montesquieu was a sociological theorist, Aron said. "The Spirit of the Law" deals with morality, ideology, law, and political system.

Find the ideal order in seemingly unrelated materials. This is sociology.

Montesquieu proposed the theory of the separation of powers. Advocating relying on the law to govern the country, separating the legislative, judicial and executive powers of the state, and dividing the division of labor between different people or units, this weakens the rights of the monarch, makes more people participate in the formulation and implementation of major state affairs, and enables the common people to share part of the rights and improve the status of the people.

Montesquieu's quote:1. It is not the death of human beings that people grieve, but their birth.

2. Being able to place one's life in the memory of others seems to have lengthened one's life; Glory is the new life we have acquired, and it is no less precious than the life of talent.

3. Politeness pleases polite people and pleases those who are treated politely.

4. Freedom is not unlimited freedom, freedom is the right to do anything permitted by law.

Montesquieu was a great French Enlightenment thinker and jurist. Montesquieu was not only a famous thinker of the French Enlightenment in the 18th century, but also one of the earliest scholars in modern European countries to systematically study ancient Oriental society and legal culture. Although his writings are not many, his influence is quite extensive, especially the collection of works "On the Spirit of Law", which laid the foundation for the development of modern Western political and legal theories, and also greatly influenced Europeans' views on Eastern politics and legal culture.

In addition, these include the "Persian Letters" and "The Causes of the Rise and Fall of Rome".

Separation of powers: Montesquieu's most important contribution was his outstanding contribution to the bourgeois doctrine of state and law, and he clearly put forward the doctrine of "separation of powers" on the basis of Locke's idea of separation of powers; He particularly emphasized the function of law, he believed that law is the embodiment of reason, and law is divided into two categories: natural law and man-made law, natural law is a law that existed before the establishment of human society, when human beings were in a state of equality; There are also political law and civil law.

Montesquieu advocated bourgeois freedom and equality, but at the same time emphasized that the realization of freedom must be constrained by law, and political freedom is not to do what you want. He said, "Liberty is the right to do all that the law permits; If a citizen is able to do what is forbidden by law, he is no longer free. Because other people will have the same right.

Montesquieu clearly put forward the doctrine of "separation of powers" on the basis of Locke's idea of separation of powers.

Separation of powers, that's how the United States came about now.

It is generally understood by Chinese people as the legislative, executive, and judicial powers, which is the understanding of translators since the end of the Qing Dynasty.

The doctrine of separation of powers is indeed proposed by Locke, but it is divided into legislative power, executive power related to international law affairs and executive power related to domestic law affairs, and believes that the latter two are inseparable.

This is the original text of Meng: "Any country has the following three powers: (1) legislative power; (2) administrative power related to matters of international law; (3) administrative powers related to civil legal matters".

The understanding of the Chinese people is derived from Meng's explanation:

On the basis of the first power, kings or consuls establish temporary or permanent laws, and at the same time amend or repeal previously enacted laws. On the basis of the second power, they conclude treaties with other countries or declare war on them, send or receive envoys, maintain public security, and resist foreign aggression. On the basis of the third power, they punish criminal acts or adjudicate disputes between private individuals.

We call the second type of power the executive power of the State, and the last power the judicial power.