Skip to main content Accessibility help
×
Hostname: page-component-77f85d65b8-6bnxx Total loading time: 0 Render date: 2026-04-16T16:06:15.632Z Has data issue: false hasContentIssue false

5 - Montesquieu and the theory of limited sovereignty

Published online by Cambridge University Press:  27 February 2026

Get access

Summary

Montesquieu is usually passed over in narratives about the rise of sovereignty. Indeed, there is no agreement among scholars about whether Montesquieu even articulated a theory of sovereignty. Many scholars have thus argued that Montesquieu was decisively opposed to the modern theory of sovereignty. This chapter aims to settle the debate over Montesquieu and sovereignty. It argues, first, that Montesquieu articulated a coherent theory of sovereignty, and, second, that it was a theory of profound historical significance. Montesquieu should be a far more important figure in narratives about the rise of sovereignty than he currently is. Montesquieu developed a theory of limited sovereignty – a theory in which the sovereign, even though the highest power in state, is not above the law. He took this argument from Pufendorf and radically expanded it. For Montesquieu, it was not only possible for a sovereign to be limited by fundamental laws, as was the case for Pufendorf. It was morally required. It was also tremendously advantageous, for limited sovereignty leads to a significantly more durable state than does absolute sovereignty. In the former there is a common passion for the perpetuation of security-preserving institutions; in the latter, a passion to tyrannise over others. Montesquieu further emphasised that sovereignty can be not only limited but also potentially divided, further protecting citizens from the greatest danger, despotism.

Information

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×