Jump to ContentJump to Main Navigation
The Cloaking of PowerMontesquieu, Blackstone, and the Rise of Judicial Activism$
Users without a subscription are not able to see the full content.

Paul O. Carrese

Print publication date: 2003

Print ISBN-13: 9780226094823

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226094830.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 20 September 2019

: The New Aristocracy of the Robe: History, Reason, and Judicial Prudence

: The New Aristocracy of the Robe: History, Reason, and Judicial Prudence

Chapter:
(p.82) Four: The New Aristocracy of the Robe: History, Reason, and Judicial Prudence
Source:
The Cloaking of Power
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226094830.003.0005

This chapter explains that Montesquieu teaches that the particular, practical, and historical dimension of his new prudence must balance its theoretical aspect and this blending of general principles and particulars, of theoretical reasoning and attention to precedents, corresponds to the quasi-monarchical, complex judicial power he advocates. The blend of liberal principles and tradition legal prudence by Montesquieu arranges the way for Blackstone's similar blending of common law and liberalism, of historical inquiry and theoretical clarity, in his Commentaries, which is a fundamental source for American constitutionalism and jurisprudence. Montesquieu explains that due to judicial initiative, the barbaric laws “little by little” ceased to be used among the early French. Thus, his liberal education in law seeks to instruct at once philosophers, legislators, and judges in this spirit.

Keywords:   Montesquieu, prudence, quasi-monarchical, judicial power, liberal principles, American constitutionalism, jurisprudence

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.