“The spirit of moderation should also be the spirit of the lawgiver.”
- January 18, 1689 – February 10, 1755
- French
- Political Philosopher, Jurist, Author of The Spirit of the Laws
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Quote
“The spirit of moderation should also be the spirit of the lawgiver.”
Explanation
Montesquieu insists that those who create laws must be guided by balance, restraint, and reason. The “spirit of moderation” is not weakness or indecision—it is a principled avoidance of extremes, ensuring that laws serve justice, liberty, and the public good without becoming oppressive or reactionary. A lawgiver driven by passion, ideology, or vengeance risks crafting laws that do more harm than good.
This principle is central to Montesquieu’s political philosophy in The Spirit of the Laws, where he argues that good laws reflect the nature, customs, and needs of a people—never imposing more than what is necessary to preserve freedom and order. Extremes in legislation, whether too harsh or too lax, can destabilize society. Moderation ensures that the law remains fair, adaptable, and respectful of human dignity.
In the modern era, the quote serves as a reminder for legislators, judges, and policymakers to resist polarization and instead pursue thoughtful, measured governance. Whether crafting economic policy, criminal justice reform, or constitutional law, the best outcomes emerge from a spirit of moderation—not from zeal or haste. Montesquieu’s timeless insight urges that wisdom in law begins with balance.
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