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SECTION. 2. continued The Philosophes Advocate Reason. Montesquieu and the Separation of Powers • Montesquieu —French writer who admires Britain’s government system • Favors separation of powers to keep one body from running government. Rousseau: Champion of Freedom

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SECTION

2

continued The Philosophes Advocate Reason

Montesquieu and the Separation of Powers

• Montesquieu—French writer who admires Britain’s

government system

• Favors separation of powers to keep one body from

running government

Rousseau: Champion of Freedom

• Rousseau—philosophe who favors individual

freedom, direct democracy

• Views social contract as agreement by free people

to form government

Beccaria Promotes Criminal Justice

• Italian philosopher Cesare Beccaria works to reform

justice system

• Calls for speedy trials, greater rights for criminal

defendants

NEXT


Montesquieu
Montesquieu

  • (MAHN-tuh-SKYOO)

  • The Spirit of the Laws (1748

  • Devoted himself to the study of political liberty

  • Studied Ancient Rome

  • Felt that England was the best government of his time

  • “Power should be a check to power”

  • Separation of powers


Montesquieu1
Montesquieu

  • Believed in 3 types of governments:

    ● Monarchies: ruled by a king/queen guided by honor

    ● Republics: ruled by elected officials guided by virtue

    ● Despotisms: ruled by absolute dictators guided by fear


Baron de Montesquieu

  • Separation of powers

  • Best form of government divided power among branches of government

  • Separation of powers kept individual or group from abusing power

  • The Spirit of the Laws

  • Published 1748, showed admiration of Great Britain’s government

  • Powers divided into branches: legislative, executive, judicial

  • Parliament made laws, king carried out laws, courts interpreted laws

  • Checks and balances

  • Misunderstood structure of British government, rational conclusion anyway

  • Separation of powers allowed each branch to check against power of others

  • Concept later important structure of democratic governments


Montesquieu2
Montesquieu

  • The Spirit of the Laws, 1748.

  • Applied the scientific method to government.

  • Three basic forms of government

    • republics for small states based on citizen involvement

    • monarchies, suitable for medium large states, and based on the nobilities adherence to the law.

    • despotism, best for large empires and based on fear

  • Most lasting contribution: Best government separated the legislative, judicial and executive functions.

    • Served to limit and control power and give the greatest freedom and security for a state.

    • These ideas are read by American enlightenment thinkers and dramatically shaped both state and US Constitution.


Montesquieu3
Montesquieu

 Believed strongly in personal liberties.

 Developed the idea of separation of power between 3 branches of government.

 The early version of “Checks and Balances”.


Montesquieu4
Montesquieu

  • Saw man as a product of his history, and their constitutions needed to meet the conditions and traditions of society to be effective.

  • Developed a theory of the separation of powers among legislative, judicial, and executive agencies—system of checks and balances



Montesquieu: (1689-1755)

  • Believed a republic was the best form of government

    "In republican governments, men are all equal; equal they are also in despotic governments: in the former, because they are everything; in the latter, because they are nothing." (On the Spirit of Laws (1748))

  • Success depended on a balance of power within government

    • Prototype for ‘checks and balances’

    • He acknowledged the British Constitution as the best

      example of government:

      • king (enforced laws), Parliament (elected, made laws), and

        the judges of the English courts (interpreted laws)


Baron de montesquieu 1689 1755
Baron de Montesquieu (1689-1755)

  • French political philosopher

  • Wrote Spirit of the Laws in 1748

  • Saw Britain as an example

  • Believed in a limited government

  • Argued for a separation of powers between executive, legislative, and judicial branches


Baron de montesquieu 1689 1755 http www rjgeib com thoughts montesquieu montesquieu bio html
Baron de Montesquieu (1689-1755)http://www.rjgeib.com/thoughts/montesquieu/montesquieu-bio.html

  • Montesquieu believed that a government that was elected by the people was the best form of government.

  • His ideas about separation of powers became the basis for the United States Constitution.

  • Commerce, according to Montesquieu, is an activity that cannot be confined or controlled by any individual government or monarch.


Baron de montesquieu 1689 1755 http plato stanford edu entries montesquieu
Baron de Montesquieu (1689-1755)http://plato.stanford.edu/entries/montesquieu/

  • According to Montesquieu, the civil laws are not an appropriate tool for enforcing religious norms of conduct: God has His own laws, and He is quite capable of enforcing them without our assistance. When we attempt to enforce God's laws for Him, or to cast ourselves as His protectors, we make our religion an instrument of fanaticism and oppression; this is a service neither to God nor to our country.


Montesquieu s famous works
Montesquieu’s Famous Works

  • The Spirit of Laws- 1748

  • In this political treatise Montesquieu advocates:

  • constitutionalism and the separation of powers,

  • the abolition of slavery,

  • the preservation of civil liberties and the rule of law,

  • and the idea that political and legal institutions ought to reflect the social and geographical character of each particular community


Montesquieu s views on religion
Montesquieu’s Views on Religion

He was very concerned about the relationship between religion and violence; “I can assure you that no kingdom has ever had as many evil wars as the kingdom of Christ.”

In order to love and conform to one’s religion it is not necessary to hate and persecute those who do not conform to it.”

He believed in Deism and a secular morality that is tolerant of many different religions

Attacked religious fanaticism and extremism


Montesquieu s views on man
Montesquieu’s Views on Man

Montesquieu criticized the life-style and liberties of the French nobility and Catholic Church.

He condemned slavery; felt all MEN were equal.

Women were weaker than men and that they had to obey the commands of their husband.

He felt that the gentler nature of women could make them valuable decision-makers in government and balance out the aggressive nature of men.


  • Jean-Jacques Rousseau

  • French philosopher, believed people basically good

  • Believed society corrupted people

  • Wrote The Social Contract, contract between all members of society

  • “Man is born free but everywhere is in chains.”

  • View of Government, Society

  • Believed government should work for common good, not wealthy few

  • Individuals should give up some freedoms for benefit of community

  • Despised inequality in society

  • Views inspired revolutionaries in years to come


Jean jacques rousseau
Jean-Jacques Rousseau

  • Paradoxical figure that links the Enlightenment and the Romantic Age.

  • Born in Geneva, Switzerland and came to Paris at 30 years old.

  • Wrote essays on society and felt that society was corrupt.

  • Thought that by nature men are loving, kind, and sympathetic, but society removes men from their true state.


Rousseau
Rousseau

  • Most popular of the Enlightenment

  • Natural goodness of humans; value of freedom and equality

  • Respect for humans in nature: Native Am.

  • Concept of “general will”

  • Flaws in society and institution cause social injustice


Philosophes cont
Philosophes, cont.

  • Rousseau – Wrote the “Social Contract.” Believed that people were born good, but corrupted by the environment, bad government, and laws. He believed the best government used POPULAR SOVEREIGNTY or a vote by all of the people.


Jean jacques rousseau 1712 1788

Not wealthy by birth or classically trained he is the peoples philosopher arguing the need for a social contract to control the government

“Noble Savage”

It is a corrupt society which corrupts the people.

A social contract stressing equality of all is essential.

Jean Jacques Rousseau 1712-1788


Rousseau1
Rousseau peoples philosopher arguing the need for a social contract to control the government

  • Jean-Jacques Rousseau (1712-1778)

    • Believed in human independence and political liberty

    • Impacted both thought and social behavior

    • Concerned himself w/ nature of morality and definition and need for liberty

    • Argued that real source of power came from legitimate authority

    • Legitimate meant an agreement between government and those being governed

    • Believed in an education system that would produce citizens, capable of partaking in society


Jean jacques rousseau1
Jean-Jacques Rousseau peoples philosopher arguing the need for a social contract to control the government

  • By the late Enlightenment a new group of Philosophes emerged.

  • Rousseau the most famous of these.

  • Discourse of the Origins of the Inequality of Mankind

    • Government was formed to preserve private property. In the process people had become enslaved by government.


Jean jacques rousseau2
Jean-Jacques Rousseau peoples philosopher arguing the need for a social contract to control the government

Jean-Jacques Rousseau

  • Each person should be educated for citizenship

    • Education determined the individual and their relationship to society

  • Nature (not tradition) determines education

  • Individuals were essentially good

  • Mind and body work in harmony, but mind directs

  • Developing the body is necessary before developing the mind


Jean jacques rousseau3
Jean Jacques Rousseau: peoples philosopher arguing the need for a social contract to control the government

 Committed to individual freedom.

 Also believed in a Social Contract between citizens and the government, in which a govt. chosen by the people is guided by the will of the people.


Jean jacques rousseau 1712 1778
Jean-Jacques Rousseau peoples philosopher arguing the need for a social contract to control the government(1712-1778)

  • Wrote The Social Contract (1762)

  • Believed in a Social Contract between the state and the people

  • Society is held together by the “general will”

  • Argued for participation of all people in society


Rousseau the social contract
Rousseau: The Social Contract peoples philosopher arguing the need for a social contract to control the government

  • He sees the importance of government as a way for individuals to protect themselves.

  • His ideal state is a democracy, where people can exchange their freedom for the benefits of social life.

  • His statement that sometimes the will of the majority does not reflect the will of the people, opened the door for a despot to seize power.


Rousseau2
Rousseau peoples philosopher arguing the need for a social contract to control the government

  • Social Contract

    • Agreement by society to be governed by its general will.

    • Anybody who defied the general will should be compelled to abide by the general will.

    • Liberty is achieved by being forced to follow what is best for the group as a whole.

    • Because everyone is responsible for framing the general will, the creation of laws could never be delegated to a parliament.

  • Emile—discourse on education


Jean-Jacques Rousseau peoples philosopher arguing the need for a social contract to control the government (1712-1778)

The Social Contract (1762)

  • Humans are good, but the society in which they live is corrupt and bad

  • Society will eventually deteriorate into chaos unless humans come together and adopt government

  • Submission to the authority of the will of the people as a whole guarantees individuals against being subordinated to the wills of others ---became basis for 20th century dictatorships


Rousseau3
Rousseau peoples philosopher arguing the need for a social contract to control the government

  • Believed humans were naturally good and corrupted by society, not the other way around (as Hobbes believed)

  • Believed society forces people to compete brining out the worst in people

  • Believed government forces people to distrust each other and takes freedoms away

  • Believed modern technology made people too dependent on one another

  • Believed dependency created inequality, social classes, division


The Social Contract, peoples philosopher arguing the need for a social contract to control the government1762

How could this fraudulent contract of government be made legitimate?

“Man is born free; and everywhere he is in chains. One thinks himself master of others, and still remains a greater slave than they. How did this change come about? I do not know. What can make it legitimate? That question I think I can answer.”

Jean-Jacques Rousseau

1712-1778

“The General Will”


Jean-Jacques Rousseau peoples philosopher arguing the need for a social contract to control the government

1712-1778

The Nature of the Social Compact

“The problem is to find a form of association which will defend and protect with the whole common force the person and goods of each associate, and in which each, while uniting himself with all, may still obey himself alone, and remain as free as before. This is the fundamental problem of which the social contract provides the solution.” (Kramnick, p, 432)

“Each of us puts his person and all his power in common under the supreme direction of the general will, and, in our corporate capacity, we receive each member as an indivisible part of the whole.” (Kramnick, p, 433)

“The General Will”


Jean jacques rousseau4
Jean-Jacques Rousseau peoples philosopher arguing the need for a social contract to control the government

  • Contest: "Does progress in the arts and sciences correspond with progress in morality?"

    • No!

    • As civilizations progress, they move away from morality

      • Examples: Romans, Greeks, Egyptians

      • Civilization itself leads away from true fundamentals

      • Technology and art give false desires

  • Social Contract

    • “Noble Savage”


Jean jacques rousseau5
Jean-Jacques Rousseau peoples philosopher arguing the need for a social contract to control the government

  • Influence on French and American Revolutions

    • "Liberty, Equality, Fraternity"

    • Invest all rights and liberties into a society

      • Compare to a corporation


Rousseau contradictions
Rousseau Contradictions peoples philosopher arguing the need for a social contract to control the government

  • Rousseau idealized the lower classes, depicting the beauty of a pastoral life.

  • Rousseau saw people as being a bundle of feelings and instincts.

  • Then, in his work Social Contract, he states that by nature man is brutish, contradicting his earlier work that man is basically good.


Jean-Jacques Rousseau1712-1778 peoples philosopher arguing the need for a social contract to control the government

Discourse on the Origins of Inequality, 1755

Second Discourse (Prize Essay for the Academy of Dijon)

“What is the origin of inequality among men, and is it authorized by natural law?“

“All ran headlong to their chains, in hopes of securing their liberty; for they had just wit enough to perceive the advantages of political institutions, without experience enough to enable them to foresee the dangers.”

Man is naturally good…in the state of nature.

Property and greed create distinctions and create the need for the state and law


Jean jacques rousseau june 28 1712 july 2 1778
Jean-Jacques Rousseau peoples philosopher arguing the need for a social contract to control the government(June 28, 1712 – July 2, 1778)

  • “All wickedness comes from weakness. . . . Make [the child] strong and he will be good.”

  • “The training of the body, though much neglected, is… the most important part of education.”

  • “Childhood has its ways of seeing, thinking, and feeling that are proper to it.”

  • “There is no original perversity in the human heart.”

  • “Put questions within [the child's] reach and let him solve them himself. Let him know nothing because you have told him, but because he has learned it for himself .”

  • “It is in doing good that we become good.”


“Man is born free, yet everywhere he is in chains.” peoples philosopher arguing the need for a social contract to control the government

  • Rousseau

What are examples of things that are enslaving us…what aspects of society according to Rousseau?

Give historical and current examples!


Summary of rousseau s teachings
Summary of Rousseau's Teachings peoples philosopher arguing the need for a social contract to control the government


Rousseau v voltaire
Rousseau v. Voltaire peoples philosopher arguing the need for a social contract to control the government

  • Voltaire’s chief adversary was Jean-Jacques Rousseau.

  • Rousseau opposed the theater which was Voltaire's lifeblood, shunned the aristocracy which Voltaire courted, and argued for something dangerously like democratic revolution.


Rousseau v voltaire 2
Rousseau v. Voltaire (2) peoples philosopher arguing the need for a social contract to control the government

  • Whereas Voltaire argued that equality was impossible, Rousseau argued that inequality was unnatural.

  • Whereas Voltaire charmed with his wit, Rousseau always claimed to be right.

  • Whereas Voltaire insisted on the supremacy of the intellect, Rousseau emphasized the emotions.

  • And whereas Voltaire repeated the same handful of core Enlightenment ideas, Rousseau sparked off original thoughts in all directions: ideas about education, the family, government, the arts, and whatever else attracted his attention


Rousseau v voltaire 3
Rousseau v. Voltaire (3) peoples philosopher arguing the need for a social contract to control the government

  • For all their personal differences, Rousseau and Voltaire shared more values than they liked to acknowledge.

  • They viewed absolute monarchy as dangerous and evil and rejected orthodox Christianity.

  • Rousseau was almost as much a skeptic as Voltaire: the minimalist faith both shared was called "deism" and it was eventually to transform European religion and have powerful influences on other aspects of society as well.


Type of Government peoples philosopher arguing the need for a social contract to control the government

Voltaire

• Constitutional monarchy

• Distrusted democracy

• Propagated the idiocy of the

masses

• He “would rather obey 1

lion then 200 rats of his

own species”

Rousseau

• (Direct) Democracy

• Grew up in Switzerland

where adult males had

direct vote in a small

government

• Distrusted representative

democracy

• “any law which the people

has not ratified in person, is

void”

  • Religion

  • Voltaire

  • • Thought the Church

  • controlled too much

  • • Wanted religious

  • tolerance for all

  • Rousseau

  • God is found in nature

  • Deism


Perfect Society peoples philosopher arguing the need for a social contract to control the government

Voltaire

• People must work to

make society better

• “Everything happens

for the better” is not

true

• People must work to

perfect society

Rousseau

• If people lived alone

on island, society

would be perfect

• Government makes a

society less perfect

Outlook on Life

Voltaire

• People too optimistic

• People intolerant of

other ideas

• People foolish

Rousseau

• People want power

• People born good and

free

• People who are strong

imprison weaker

people


Hobbes versus rousseau s social contract
Hobbes ‘versus Rousseau’s Social Contract peoples philosopher arguing the need for a social contract to control the government

  • Hobbes

  • People are naturally wicked

  • People need to surrender their independence to an absolute leader in exchange for law and order

  • People do not have the right to rebel

  • Rousseau

  • People start out good and become corrupted by society

  • People are the source of government’s power

  • Government needs to help people

  • People can rebel if leaders fail to do their job


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