| \Comments on Montesquieu’s Equity Theory |
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| 引用本文： | 刘辰远.\Comments on Montesquieu’s Equity Theory[J].海外英语,2014(9):210-211. |
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| 作者姓名： | 刘辰远 |
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| 作者单位： | 海南大学法学院; |
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| 摘 要： | Montesquieu’s equity theory is not only the reflection of sharp confrontation between French bourgeoisie and despotism in the middle period of 18thcentury,but also is the continual caused by British Bacon’s experimentalism and French Descartes’s rationalism,etc.Montesquieu acutely criticized the decayed social order of feudalism,but also showed his compromising,mild,and rigorous character because the revolution had not succeeded yet.Montesquieu considers that"law"exists in anything as well as the beginning and end of human society.The spirit of"natural law"is"peace";the spirit of"man-made law"is"equality".However,in society and country,equality and freedom are lost easily,so they need to be guaranteed by the spirit and power of law.Therefore,not only"virtue","simplicity","restraint",and"toleration",etc.are required,but also power balance is needed.
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Comments on Montesquieu's Equity Theory |
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| Abstract: | |
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| Keywords: | equity theory Montesquieu freedom justice |
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