Chinese Journal of Sociology ›› 2025, Vol. 45 ›› Issue (2): 176-204.

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Orders and the Origins of Monarchy: Montesquieu's Inquiry of Feudal Law

Fangyi XU()   

  • Online:2025-03-20 Published:2025-04-29
  • About author:XU Fangyi, Department of Sociology, Peking University, E-mail: xfy@stu.pku.edu.cn

Abstract:

In his seminal work The Spirit of the Laws, Montesquieu undertook a critical endeavor to trace the historical origins of modern monarchy, examining the formation of hierarchical structures and intermediary powers, and ultimately elucidating the governing logic of monarchy. His analysis centered on the establishment of feudalism as a process of "corruption of the polity" and how modern monarchies were constituted as "revolutions of the polity" on this basis. In the view of Montesquieu, modern monarchies were originated in the symbiotic bond between monarchs and nobles forged during the Germanic conquests, with hierarchy constituting the foundation of monarchical order. The fusion of vassalic military power and the property of fiefs gave rise to territorial jurisdiction, while the "independent liberty" of barbarians evolved into a "liberty under the law". Crucially, the establishment of feudalism entailed a reconfiguration of monarchy itself: the primal "leader-loyalty" relationship between monarchs and vassals was supplanted by a fief-based "grant-protection" dynamic, fundamentally altering the nature of royal power. Through the pursuit of hierarchical equilibrium, reciprocal rights between monarchs and nobles were formalized. Mores centered on honor catalyzed institutional change, enabling the displacement of jurisdiction of the lords by royal jurisdiction through rationalized appellate systems. This process simultaneously shaped both monarchical power and the orders-epitomized by the robe nobility-that mediated its exercise. As a political government, monarchy's defining feature lies in its reliance on intermediary orders for the execution of power. Monarchic authority is inherently generative: its institutional channels constitute the very fabric of society. As a modern social form, monarchy implies a society constituted by the spirit of hierarchy, which remained inextricably linked to state power, effectively rendering "society" an intrinsic dimension of the state. By intervening in historical debates about the origins of the nobles, Montesquieu not only gave a new understanding to monarchy as a form of government, but also advanced a historically grounded theory of the state.

Key words: Monarchy, Hierarchy, Nobles, Jurisdiction, honor