
Contents
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The Highest Virtue The Highest Virtue
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The Complex Nature of Moderation The Complex Nature of Moderation
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Moderation and Mixed Government Moderation and Mixed Government
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Moderation and Political Liberty Moderation and Political Liberty
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Penal Moderation and Montesquieu’s Theory of Jurisprudence Penal Moderation and Montesquieu’s Theory of Jurisprudence
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Fiscal Moderation Fiscal Moderation
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The Constitutional Framework of Moderate Government The Constitutional Framework of Moderate Government
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The Good Legislator and the Spirit of Moderation The Good Legislator and the Spirit of Moderation
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How Can Democratic and Aristocratic Regimes Be Moderated? How Can Democratic and Aristocratic Regimes Be Moderated?
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Moderation, Pluralism, and Commerce Moderation, Pluralism, and Commerce
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Helvétius’ Warning Helvétius’ Warning
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Two The Architecture of Moderate Government: Montesquieu’s Science of the Legislator
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Published:February 2012
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Abstract
This chapter examines the concept of “moderate government” during the Old Regime by drawing on the political writings of Montesquieu. It first considers Montesquieu's claim, which he articulated in the book The Spirit of the Laws (1748), that moderation is the key virtue of all legislators; his views on the relationship between moderation and mixed government; and the distinction between moderate and immoderate governments, with political liberty existing only in the former. The discussion then turns to Montesquieu's philosophy of jurisprudence and his ideas on penal laws, fiscal moderation, and how democratic and aristocratic regimes can be moderated. Finally, the chapter explores the relationship between moderation and pluralism in connection with Montesquieu's discussion of the moderating effects of commerce.
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