%0 Journal Article
%T Law and Politics: Montesquieu and the 4 Schools of Legal Theory
%A Jan-Erik Lane
%J Open Access Library Journal
%V 4
%N 11
%P 1-11
%@ 2333-9721
%D 2017
%I Open Access Library
%R 10.4236/oalib.1104092
%X <div style="text-align:justify;">
	<span style="line-height:1.5;">The theory of separation of powers in the state by
Montesquieu (1748) is the longest serving theory in real politics, maintaining
its relevance for more than 200 hundred years. Most constitutions in written
form follow his parad</span><span style="line-height:1.5;">igm, at least from a formal point of view. Constitutional
democracies certainly apply or enforce Montesquieu¡¯s ideal-type for rule of law
and political stability. How does this great political theory fit with the
major schools in jurisprudence about what is law and the role of judges in
adjudication? This question has never been raised, but it is as essential to
Montesquieu¡¯s paradigm as the changing relations between executive and
legislature in for instance parliamentarism and presidentialism.</span> 
</div>
%K Montesquieu
%K Natural Law
%K Legal Positivism
%K Legal Realism
%K Legal Pragmatism
%U http://www.oalib.com/paper/5291122