ABSTRACT

From the general notion of man writers derived the form of society consonant with human nature and the precepts to be observed in social life. There is need to dwell on the shortcomings of the destructive method. Since social science deals with phenomena, it can achieve its objectives only through the experimental method. This chapter examines Montesquieu's own demonstrations to see that they are essentially deductive. It is not easy to adapt this method to social science, because it is impossible to experiment with societies. In order to discover the laws of nature, one need only make a sufficient number of comparisons between the various forms of a given thing. The Spirit of Laws Montesquieu instituted a new field of study, which we now call comparative law. Montesquieu pointed the way to a new trail; he himself was unable to leave the beaten paths. This methodological ambiguity is a consequence of the doctrinal ambiguity to which we have referred.