Leggi e regolazione in Montesquieu

Abstract

The essay inquiries about the notion of law in Montesquieu’s work considered in its relationship with the larger theme of regulation. For the full understanding of the notion of law, connected with the other fundamental concepts of Montesquieu’s political thought (custom, institution, government), we have to start from the problem of regulation in society, taking in consideration the production process of an order and the experience of violation of the rule. In this way, even before being the expression of a legitimate command, the law shows an originally operational character.