Interpret / Experiment. About the concept of "loi" at Montesquieu

Abstract

This paper analyzes the opposition between Montesquieu’s definition of laws as “necessary relations arising from the nature of things” and the classical conception of law in legal Western tradition. Through the critical examination of Jean Domat’s theory of law and interpretation, the paper describes differences between ratio and esprit.

Keywords

• Montesquieu
• Domat
• legge rapporto
• ratio
• esprit