Abstract

SAN MIGUEL RODRIGUEZ, Erick. Montesquieu and legal pluralism. Rev. Jur. Der. [online]. 2021, vol.10, n.15, pp.227-238. ISSN 2413-2810.

Abstract Montesquieu is acknowledged for his contribution to the theory of the separation of powers, an idea that many modern States have been modeled over. However, his thinking is mucho more wider. In all his work there is also a foreshadow of what we call today legal pluralism, which is known for the respect towards the diversity of laws and customs, the absence of a hierarchical regulation, the devaluation of the legislator’s role, among other aspects. But the issue turns out troublesome when we consider this encyclopedist and outstanding representative of the Enlightenment thought, support some conservative ideas. The key seems to be in his class origin, since the Bordeaux parliament President was an aristocrat and had a life full of privileges.

Keywords : Montesquieu; Lumières; coutumes,; pluralisme,; droit.

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