关键词: 政府的原则 , 社会, 风俗 , 法 , 立法者

Abstract: Starting with Comte and Durkheim’s sociological reading of Montesquieu’s The Spirit of Laws, this paper attempts to offer a reinterpretation of the work in order to clarify the transition from political science to sociology. This will help us to examine the basic issues and propositions of sociology. According to Montesquieu’s critique, political scientists in the past saw society through the lens of natural law and social contract, excluding laws and customs as they were seen as either arbitrary outcomes of the will of legislator or practical actions by contingency, things of nonscientific nature. By redefining the concept of law, Montesquieu expanded the scope of political science from the study of human nature and political institutions to society as a whole, including climate, soil, the general spirit, mores, and manners of a nation, commerce, and religions as well. Thus, it promoted the transtion form political science to sociology. However, politics continued to be Montesquieu’s primary interest. The principle of the governments, i.e. the passions of the citizens under particular governments, constitutes the political expression of the general spirit, the mores and the manners of the nations. In his view, it is the choice and action of a nation in political sphere that exercise definitive influence on other parts of a society. Legislation is the precise point that joins the principles of governments with the mores,manners, and general spirit of a nation, something that was overlooked in Comte and Durkheim’s works. It is understood that for Montesquieu politics is not a subsystem of society, instead, it is a perspective through which a society can be examined as a whole, or a perspective that even transcends society itself. This brings us to question the current trend in sociology that places all its focus on society but neglects politics.

Key words: mores ,  law , the principle of government , legislator , society