Law as a social matter; Methodological study of Montesquieu's law theory

Abstract

With modernity’s advent, we are witnessing changes in the basis of science and forming a different one from the previous era gradually. The new science is not the complete form of the science of the pre-modern era but it is based on different ontological, epistemological, and anthropological foundations based on a specific perception of nature, men, and God. Montesquieu's theory does not pay attention to the permanent nature of men, their origin, and their true purpose for reaching happiness in the modern approach’s framework. In this framework, men don’t have a permanent and stable nature, but their nature will be created in society. Montesquieu considers the law as one part of the social system and tries to reveal the connection between "law" as a social matter and different social conditions. The most important results of considering law as a social matter in Montesquieu's thought are: analyzing of laws of society based on social conditions, acceptance of causal relations on law, relations of law, and its separation from values and religion. This article tries to make a connection between his social science principles, his basic principles, and his law theory with a methodological approach and studies his law theory based on the foundations of new social science, which is different from traditional science.

Keywords

• the spirit of the law
• methodology
• modernity
• montesquieu
• social theory
• theory of law