know how to remain so. Society forces them to lose it, and they only become equal again by laws. Aristotle relates that Phaleas of Chalcedon had imagined a way to equalize the fortunes of the republic: he would have the rich give dowries to the poor and not receive any in their turn, and the poor receive money for their daughters and not give any to others. “But,” as the
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author of the Spirit of Laws has observed, “has any republic ever accommodated itself to such a regulation? It places the citizens in conditions of such striking discrimination that they would hate even that equality that one would attempt to establish, and that would be foolish to try to introduce.”2 Article by Chevalier DE JAUCOURT.
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Eulogy for President Montesquieu †
(Eloge de M. le Président de Montesquieu)
Though twenty-eight years his junior, d’Alembert, the author of this entry, had become not only an admirer but a friend of Montesquieu’s. He was present at Montesquieu’s deathbed in February 1755. Diderot, for his part, was the only member of the philosophic community to attend his funeral. The editors then took the unusual step of beginning the next volume of the work, volume 5, which appeared in November of that year, with a lengthy eulogy with a title set in a large typeface. The eulogy contains both an appreciation of Montesquieu’s life and career and an editorial summary of the doctrine contained in his Spirit of the Laws—a work that would loom so large in the political articles of the dictionary throughout its publication history that it seemed appropriate for inclusion in this anthology. The eulogy provides a revealing glimpse into how the Encyclopedists viewed the place of Montesquieu and his work in the encyclopedic project itself, and into their perceptions of the kind of criticism then being made of Montesquieu’s powerful but complex new doctrine. It appeared in English translation for the first time in the London, 1777, edition of Montesquieu’s works published by T. Evans, though we have offered a new translation here. Most of the merely biographical information in it has been omitted. It should also be noted that the summary of The Spirit of the Laws appears in the Encyclopédie as a note, but for the sake of convenience it is reproduced here as text.
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EULOGY FOR PRESIDENT MONTESQUIEU
The interest that good citizens take in the Encyclopédie, and the great number of men of letters who devote their works to it, would seem to allow us to regard it as one of the most appropriate monuments to serve as depositories of the sentiments of the Country, and of the homage that it owes to the celebrated men who have honored it. Convinced, nonetheless, that M. Montesquieu had the right to expect panegyrists other than ourselves and that the public grief would have merited more eloquent spokesmen, we would have contained within ourselves the just regrets and respect that we have for his memory. But the acknowledgment of what we owe him is too precious for us to leave responsibility for it to others. Benefactor of humanity by his writings, he deigned also to be a benefactor of this work, and our gratitude wishes only to trace some lines at the foot of his statue.
[A summary of Montesquieu’s life and early writings follows; at 5:viii, d’Alembert appends a lengthy footnote discussing The Spirit of the Laws; its translation follows here.]
Since most men of letters who have spoken of The Spirit of the Laws have been more fond of criticizing it than of providing an accurate notion of it, we are going to attempt to fulfill what they ought to have done and to unfold its plan, character, and purpose. Those who find the analysis too long will perhaps consider, after reading it, that this was the only means of enabling one to grasp the author’s method. One should remember, moreover, that the history of celebrated writers is only the history of their thoughts and their works, and that that part of their eulogy is the most essential and the most useful part, especially at the head of a work such as the Encyclopédie.
Men in the state of nature—abstracted of all religion, knowing no other law [loi] in the disagreements they may have except that of the animals, the right of the stronger—one should regard the establishment of societies as a kind of treaty against this unjust law [droit], a treaty designed to establish among the different parts of the human race a sort of scale. But with natural equilibrium as with moral, it is rare for it to be perfect and durable, and the treaties of the human race are like the treaties among our princes—a constant seed of divisions. Interest, need, and pleasure have brought men
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closer together, but those same motives constantly push them to want to enjoy the advantages of society without bearing its burdens. It is in this sense that one may say with the author that men, as soon as they are in society, are in a state of war. For war assumes in those who wage it, if not equality of strength, at least the opinion of that equality, whence arises the desire and mutual expectation of defeating each other. Now in the social state, if the balance is never perfect among men, it is not too unequal, either. On the contrary, they would either have no conflicts in the state of nature, or, if necessity drove them to it, one would find weakness fleeing before strength, oppressors without combat, and the oppressed without resistance.
Thus, there you have men, brought together and armed all at the same time—embracing each other on the one hand, if one may speak in this way, and looking to do mutual harm on the other. The laws are the more or less efficacious bonds designed to suspend or restrain their blows. But since the vast expanse of the globe we inhabit and the natural differences in the regions of the earth and in the peoples who cover it do not permit all men to live under one and the same government, the human race has had to distribute itself into a certain number of States, distinguished by the differences in the laws they obey. A single government would have made of the human race but one body, languishing and attenuated, extended without vigor over the surface of the earth. The different States are so many agile and robust bodies which, extending their hands to each other, form but one, whose reciprocal action everywhere fosters movement and life.
One may distinguish three sorts of government: the republican, the monarchical, the despotic. In the republican, the people as a body have sovereign power; in the monarchical, one person governs by fundamental laws; in the despotic, no other law is known but the will of the master, or rather of the tyrant. This is not to say that there are only these three types of States in the world; it is not even to say that there are States that belong solely and rigorously to one or another of these forms. Most are, so to speak, half and half, or shaded blends of these forms: here monarchy inclines to despotism; there, monarchical government is combined with republican; elsewhere, it is not the whole people, it is a part of the people who make the laws. But the foregoing division is nonetheless exact and precise. The three species of government that it includes are distinguished in such a way that they have,
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properly speaking, nothing in common, and yet all States that we know of partake of one or the other of them. It was thus necessary to form particular classes out of these three species and to apply oneself to determining the laws appropriate to them. It will be easy afterward to modify these laws in their application to whatever government it may be, according to whether it belongs more or less to these different forms.
In the various States, the laws should be relative to their nature, that is, to what constitutes them, and to their principle, that is, what supports them and gives them their activity—an important distinction, the key to countless laws, and the author derives many conclusions from it.
The principal laws relative to the nature of democracy are that the people be in some respects the monarch
