Montesquieu's gentle prince: the law of majesty and the moderation of despotism in The Spirit of the Laws

Apart from its introductory chapters, Book 12 of The Spirit of the Laws has generally been disregarded by scholars of Montesquieu as a series of historical digressions with few significant implications. As a result, some important dimensions of Montesquieu's political thought have gone unacknowledged. Book 12 is particularly concerned with the punishment of crimes against God and of actions that wound sovereign majesty. Montesquieu presents his view on these subjects through an extended commentary on some aspects of Roman law and, more briefly, on the law of the Pentateuch. This article shows that Montesquieu attributes the criminalization of both kinds of offences to the vengefulness of certain rulers and to the eagerness of their ministers to avenge them. By his assessment, the desire to punish such crimes leads to excesses that undermine political liberty and give rise to despotism. Through this emphasis on the psychological factors that drive the corruption of moderate regimes, Montesquieu reveals a greater concern with the personal qualities of rulers than is often acknowledged. As he identifies certain rulers with absolute power who have nonetheless disavowed vengeance, Montesquieu points to the possibility of reforming despotism through a change in the character of the prince.