Montesquieu
As much Republic how much Monarchy is used of the law to govern and the Absolutism if uses of the will. (VALVERDE, 2007) Montesquieu understood that nobody can be above of the law, and that the laws are determined by the human values and the social facts that consequently they determined to the government form. (MONTESQUIEU, 2007) For the philosopher, what it mattered was not to judge the existing governments, but to understand the nature and the beginning of each species of government, to know certain characteristics to endow of bigger stability regimes. (ALBUQUERQUE, 1991). The concepts on the forms of government elaborated for Montesquieu if had become doctrinal points of science modern politics. It was for its search in teorizar and to explain in systematic way the existing forms of government at its time, that its theories politics had exerted deep influence in the thought modern politician.
The study of the different forms of government and the laws conducted that them it took Montesquieu to describe the laws as: natural, independent of the will human being, and positive created for the men to govern them; she defended that the laws ‘ ‘ if they also relate between itself and with its origin, with objective of the legislator, the order of the things on which they are estabelecidas’ ‘ (MONTESQUIEU, 2007, P. 22). Thus, the workmanship ‘ ‘ The Spirit of the Leis’ ‘ it approaches the relations that can have the laws with diverse objects, the example the education I deal, it, the religion, the climate, and the ground It exists a chaining between the laws, that makes with that definitive form of government implies in a legislation specific, in the vision of Montesquieu the social morphology is that it would determine the government form and the laws that would conduct this government, do not exist laws unjust jousts and.