L'esprit des droits

«It is on the goodness of criminal laws that the liberty of the subject principally depends.» By criticizing outrageous prohibitions, disproportionate punishments, unverifiable accusations and arbitrary judgments, Montesquieu teaches us that the conflict between the individual and authority is never more dramatic and more acute than in regards to punishment. While the power to sanction certainly appears as an indispensable guarantee, it itself constitutes a threat to those very rights that it aims to protect from possible violations. What are the limits that define legitimate prohibitions? For what purpose and with what means should transgressors be punished? How to ascertain the violation of laws and the personal liability of a criminal action? Conceived from the standpoint of the philosophy of law, The Spirit of the Laws reveals its powerful normative dimension and opens up the perspective of «penal guaranteeism».