Montesquieu and the parlement of Bordeaux

This study provides an in-depth account of the practices of the Bordeaux parlement for the years 1714-26 as a background and prelude for an understanding of Montesquieu's political theory. The first chapter demonstrates that the discipline of jurisprudence in early eighteenth century France was in a state of transition and was to a large degree unreflective of new political realities. The discipline did not offer the intellectual resources needed to construct a compelling account of contemporary developments in the growth of the state and of its tools. In contrast, it is shown in chapters two and three that the magistrates of the Bordeaux parlement rejected standard principles of Roman law, constitutionalism and patriarchalism and fashioned their own particular form of political argument. This new form of argument, called 'associational discourse' by the author, has significant resonance in the work of Montesquieu. Chapter four shows how this theoretical disposition was developed more fully in Montesquieu's early writings. Chapter five in turn shows how this was articulated in its fullest form in his major work, L'Esprit des lois (1748). Chapters six and seven show how this new form of political thinking was to have an important effect on Montesquieu's comprehensive theory of criminal justice. In conclusion, it is suggested that this early-modern form of associationalist thinking points to an alternative to liberalist and communitarian positions, by the consideration that governments should be concerned for the moral strength of subordinate associations in their communities, while not being fully responsible for the exact content of the beliefs fostered within them