Montesquieu: Teoría de la distribución social del poder

Abstract

This article reviews the content, assumptions and implications of the principle of the social distribution of power within Montesquieu's general theory of the separation of powers. In challenging a tradition that has been devoted to the principle of the juridical distribution of executive, legislative and judicial functions, and at the same time denouncing the anachronism of the principle of social distribution, I first sustain that this principle is independent of the class model to which it is applied by Montesquieu. Secondly, I maintain that juridical distribution depends on social distribution in order to avoid the abuse of power and to safeguard public freedom. Finally, I hold that the principle of social distribution refers to the essentially political dimension of Montesquieu's theory of power.