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Beyond Montesquieu: The Non-Human Circuit A Neurobiological Theory of Why the Balance of Powers Fails and the Case for Automated Governance

Kriger, Boris · 2026
PhilArchive · Papers · 2026
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philosophy
In 1748, Montesquieu proposed the separation of powers as the fundamental safeguard against tyranny, arguing that liberty can exist only when the legislative, executive, and judicial functions are distributed among independent bodies. This principle—the balance of powers—became the architectural foundation of virtually every modern democracy. Nearly three centuries later, we observe that Montesquieu’s architecture is universally adopted and universally failing. Democratic backsliding is accelerating worldwide; executives routinely capture legislatures and judiciaries; constitutions—even the most progressive—prove unable to constrain the very officials they were designed to limit. This paper asks why, and finds the answer not in political science but in neuroscience.
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