Montesquieu 's Spirit Of Laws And Jean Jacques Rousseau 's On The Social Contract

TS: John Locke, often referred to as one of the most influential philosophical and political thinkers of the seventeenth century due to his works about the natural human state and birthrights, would highly agree with the preamble due to his ideas actually being incorporated in it.

In his writing he states that he believes that people consent to be governed meaning that the government should work for all the people and not the select few with money and land. Jean-Jacques Rousseau believed that people should have a vote on every issue because the government was meant to serve them. Even though Jean-Jacques Rousseau was mainly writing directing his writings to French government originally, his authorship for certain influenced the American

Montesquieu, a philosopher who lived in France during the reign of absolute monarchs, experienced the unjust division of political power between the wealthy nobles and king living in Versailles and the citizens of the third estate. He believed that instead of an absolute monarchy, political power should be divided between three branches of government, the legislative, executive, and judicial, with a system of checks and balances to ensure that one group would not overpower the others. (Doc. 3) Montesquieu’s ideas would become the basis of the United States’ government and serve as an inspiration to the French third estate to support the decline of absolute monarchies. Another French philosopher, Jean-Jacques Rousseau, who wrote The Social Contract in 1762 during the reign of French monarchs, stated that absolute authority removes the natural rights of humanity. (Doc. 5) As a firm believer of individual freedoms, Rousseau explained that a leader must gain the citizens’ consent to rule, as all citizens are equal due to logic and reasoning. Like Montesquieu, Rousseau’s ideas would inspire the French to overthrow its monarch during their revolution. His reasoning encouraged the French to accept a democratic government, where citizens elect a leader to rule them, unlike before where monarchs inherited political power. Frederick II,

Government is built on the premises of the established ideas of former politicians and then the new outlooks of recent politicians. All ideas on government are based on the structure and laws of former civilizations. Thus, many politicians can have similar viewpoints on government due to basing their ideas on the same former structures. But, in contrast new government structures include a variety of variations. Therefore, Jean Domat, Montesquieu and Jean Jacques Rousseau have major differences in their outlooks on government, but they do share similar aspects.

Locke and Rousseau present themselves as two very distinct thinkers. They both use similar terms, but conceptualize them differently to fulfill very different purposes. As such, one ought not be surprised that the two theorists do not understand liberty in the same way. Locke discusses liberty on an individual scale, with personal freedom being guaranteed by laws and institutions created in civil society. By comparison, Rousseau’s conception portrays liberty as an affair of the entire political community, and is best captured by the notion of self-rule. The distinctions, but also the similarities between Locke and Rousseau’s conceptions can be clarified by examining the role of liberty in each theorist’s proposed state of nature and

At some point they cannot survive by themselves and everyone needs to come together for the common good In giving everything to the community the individual receives everything he or she has lost plus "more power to preserve what he has" (189). Lives must be lived in and for the group; the life as an individual must be merged into the life of the state, and the people must be involved in all aspects of government. There can be no clubs, separate churches, power groups, or political parties, because these would create separate rights for individuals, and give some individuals more power than others. By creating this, Rousseau annihilates power struggles between the rights of a group and individual rights. In this system, there is no one ruler of the community. A citizen who puts his or her community first is ruler, and ruled. The political government is one united system, it does what the community wants it to do.

To better understand Rousseau’s thesis and social contract he proposed, we must first understand why Rousseau felt compelled to write and his main criticism of society during the 18th century. In sum, Rousseau argued that states (specifically France, though never explicitly stated) have not protected man’s right to freedom or equality. Rousseau began The Social Contract in dramatic fashion. He wrote, “man is born free, and everywhere he is in chains” (1). This quote is still used today, and is a powerful description of Rousseau’s central issue with society. He believed that every man is “born” naturally free—he has full autonomy and can do what he chooses. However, Rousseau argued that man is bound to the injustices of society.

Therefore it is the people who hold the power within the state, and also the legal subjects within the republic. Rousseau refers to the individuals as citizens when they are acting passively, and sovereign when acting as an active group for example, devising laws. He writes 'this public group, so formed by the union of all other persons...power when compared with others like itself' (lines 41-43 Rousseau extract). Rousseau's evaluates his solution, perhaps tersely earlier in his work by suggesting that 'the total alienation of each associate, together with all his rights, to the whole of the community' (lines 17-18 Rousseau extract). The main aspects that incorporates Rousseau's version of social contract theory is that he wants to make a distinct separation of the 'will of all' from 'general will'. Will of all or individual will, is private wills and specific to each of the state's members, while general will is a common will for all and reflect the common good for state members. By separating the two wills, can help to reduce conflict that may arise between the two, and by evaluating all the opinions of each member. It is possible to see what issues are more pressing, and cancel out individualistic wills, if the majority of individuals share the opinions, thus making this majority, the general will. Rousseau sums this up when he writes, 'There is often a great deal of

Over the course of history this idea of freedom has been developed and defined by many famous political and philosophical thinkers. Many of Jean-Jacques Rousseau’s ideas are acknowledged in the “Discourse on the Origin of Inequality” and more notably the “The Social Contract”. John Stuart Mill’s major points originate from a book called “On Liberty”. All of these works are still read today and taught in schools around the world. In particular, their ideas on freedom and liberty have drawn a considerable amount of attention. For instance, Rousseau is well known for his idea of “forcing citizens to be free”, while Mill claims that freedom can be found in “pursing our own good in our own way”. Therefore, it is evident that fundamental differences occur between Rousseau’s and Mill’s ideas on liberty and freedom. Rousseau’s rejects this classical liberal idea of freedom of the individual, and instead argues that the highest quality of freedom is achieved through a social contract where collective decisions represent the law and people have a duty to the state, while Mill sees freedom as not being constrained by the government (freedom from laws) and pursuing one’s own good as long as it does no harm to others.

The Enlightenment was a time of change in Europe. There were many new ideas, and various influential thinkers that inspired new invention and also inspired revolutions. All of these thinkers had different views on people and government and different views of people and how they act. Many of these authoritative individuals thoughts still influence us even today. Many of their ideas are used in government and also as guidelines for people to live their lives by.

Even if a state were to have these basic premises in place, there must be institutions that allow for the prosperity of a democratic government. The democratic government, according to Rousseau consists of a legislative power and an executive power. While the legislative power belongs solely to the people (for they are the ones responsible for making the law), the executive power belongs solely to the Sovereignty. Along with this, Rousseau describes four types of law present in a democracy: political, civil, criminal and mores. These laws are in place to regulate relationships. Political laws regulate the relationship between the sovereign and the state, civil laws are for the relationship between the subjects, the relationship between man and law is regulated by criminal law and finally, and according to Rousseau, most importantly are mores laws which “preserves a people in the spirit of its institutions” and thus all other laws depend on this one.

Thus, the group collectively is more important than each individual that makes it up. The sovereign and the general will are more important than its subjects and their particular wills. Rousseau goes so far as to speak of the sovereign as a distinct individual that can act of its own accord.

Locke indicates that, by giving up some of one's rights, the state gains legislative power and is obliged to use this power to make laws that benefit the people, who hired it. Locke writes that, "This legislative is not only the supreme power of the common-wealth, but sacred and unalterable in the hands where the community have once placed it...over whom no body can have a power to make laws, but by their own consent, and by authority received from them." (XI 134) Rousseau argues that the state should not be able to acquire legislative power, but simply acts as an executive. He claims that the legislative power comes from the people, for the sovereign is simply the general will of everyone, in which the state should obey and enforce. Rousseau states that, "Each of us puts his person and all his power in common under the supreme control of the general will, and, as a body, we receive each member as an indivisible part of the whole" ( ), showing that the aggregate mind of the people, the general will, has the legislative power as "all" powers are given to it.

Rousseau is theorizing from the concept of the general will, which promotes individuals to become conscious citizens who actively participate as a community to form policies for a governing structure. The general will advocates for a commitment to generality, a common interest that will unite all citizens for the benefit of all. Rousseau states, “each one of us puts into the community his person and all his powers under the supreme direction of the general will; and as a body, we incorporate every member as an indivisible part of the whole” (Rousseau 61). The general will is an expression of the law that is superior to an individual’s

When Jean Jacques Rousseau wrote his Social Contract, the idea of liberty and freedom were not new theories. Many political thinkers such as John Locke and Thomas Hobbes had already evolved with their own clarification of liberty and freedom of mankind, and in fact John Locke had already publicized his views and ideas on the social contract as well. In Rousseau’s case, what he did was to transform the ideas incorporated by such substantial words, and present us to another method to the social contract dilemma. What would bring man to leave the state of nature, and enter into a structured civil society? Liberals believes that this was the assurance of protection - liberty to them implied being free from destruction and harm towards one’s property. Rousseau’s concept of freedom was entirely different from that of traditional liberals. According to Rousseau, liberty is meant to voice out your opinion, and participation as human being. “To renounce liberty is to renounce being a man” (Wootton, 454).