Dividere, distinguere. Alla radice della teoria del potere in Montesquieu

The theme of the division of powers lies at the heart of Montesquieu’s poli- tical reflection. This essay primarily aims to reconsider this principle in light of the notion that the author of the Spirit of Laws should be seen as an ‘atypical’ author of the Enlightenment. The whole phenomenology of power in Montesquieu is summed up in the belief that power is not only threatening but also inescapably expansive in character. Starting with some insights from Raymond Aron, the essay emphasizes how Montesquieu’s work aims to interpret and, to some extent, ‘order’ the whole complex reality of history from this elementary principle. In this respect, the principle of the division of powers constitutes not only a moment - however crucial - of his work, but a general criterion for interpreting human reality, in both its historical and social experience. Considering the classic comparison between Montesquieu and Rousseau on representation, a reinterpretation of the division of powers is examined at three levels of analysis: the institutional (the object of most scholarly interest), the social, and the anthropological. The essay also focuses on some relevant themes in the Esprit des lois such as the protection of freedom of expression in the concrete functioning of the judicial order and the moral and po- litical appraisal of slavery. Montesquieu’s work is also read in the context of some of his most significant interpreters: Aron, Pierre Manent, Judith Shklar, and Bernard Groethuysen. Finally, the essay shows that in the Esprit des Lois, especially in the sections devoted to the division of powers, we can see some of the roots of 20th century political philosophy, from Friedrich von Hayek to John Rawls.