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MONTESQUIEU

A CRITICAL AND BIOGRAPH-
ICAL INTRODUCTION TO
"THE SPIRIT OF THE LAWS"

BY

OLIVER WENDELL HOLMES

CHIEF JUSTICE OF THE SUPREME COURT

OF MASSACHUSETTS

INTER

FOLIA

NEW YORK

D. APPLETON AND COMPANY


HARVARD COTT
Jan 3,1930
LIBRARY

Miss M. C Jackson

COPYRIGHT, 1900,

By D. APPLETON AND COMPANY.

MONTESQUIEU

"T

HERE is no new thing under the sun." It is the judgment of a man of the world, and from his

point of view it is true enough. The things which he sees in one country he sees in another, and he is slightly bored from the beginning. But the judgment is quite untrue from the point of view of science or philosophy. From the time of Pericles to now, during the whole period that counts in the intellectual history of the race, the science or philosophy of one century has been different from that of the one before, and in some sense further along. By a corollary easy to work out, we have the paradox that the books which are always modern, the thoughts which are as stinging to-day as they were in their cool youth, are the books and thoughts of the men of the world. Ecclesiastes, Horace, and Rochefoucauld give us as much pleasure as they gave to Hebrew or Roman or the subject of Louis XIV. In this sense it is the second rate that lasts. But the greatest works of intellect soon lose all but their historic significance. The science of one generation is refuted or outgeneralized by the science of the next; the philosophy of one century is taken up or transcended by the philosophy of a later one; and so Plato, St. Augustine, and Descartes, and we almost may say Kant and Hegel, are not much more read than Hippocrates or Cuvier or Bichat.

Montesquieu was a man of science and at the same time

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