De l'esprit des loix

MONTESQUIEU
De l'esprit des loix [The Spirit of Laws]
Barillot, & fils [Durand], Geneva [Paris] n. d. [1749], in-4 (19 x 25 cm),
(8) XXIV, 522 pp(1) et (4) XVI, 564 pp., contemporary binding
Second edition. A counterfeit of the first edition published by Barrillot (with two ‘r's) in Geneva in 1748. This counterfeit was produced by Laurent Durand and was printed in Paris by Prault, and is – thus – the second printed edition.
Contemporary bindings in full marble sheep. Spines with decorated raise bands. Title- and volumes- pieces in red and Havana morocco.
An emblematic, definitive book of the 18th century, the Spirit of the Laws, or the principles and tendencies which define the making of laws, had a decisive influence on political life and was a guide to the writing of the Constitution of 1791 as well as that of the United States.
Montesquieu's (1689-1755) general argument is that laws are not purely made by men – the spirit of the laws is “the various relationships of the laws with different things,” – but that many elements go into making them. There are, thus, physical elements (the climate), moral elements (religion, custom), and so on. Moreover, a primitive justice is at the root of laws – there is thus indeed a spirit of the laws. But the book is not merely a treatise on the spirit that motivates law; it is above all a treatise on government and first and foremost, freedom. Though the book was extensively read, it was received with some coolness by the philosophers, who did not recognize Montesquieu as one of their own and held his conservatism against him. It was also heavily criticized by members of the Church.
A very good copy.