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Comparative Study On The Views Of Locke, Montesquieu And Rousseau In Government

Posted on:2007-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:X MaFull Text:PDF
GTID:2166360185486801Subject:Legal history
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The rule of law is one of the basic rules for modern government. Its formation was indebted to some political theorists by their long-term refinement and propaganda. This is the concept of government as a theme to Locke, Montesquieu and Rousseau .Issues and research methods in the introduction, this discussion will be divided into three parts.In the first part of the country and the origin of the government, Locke believed that the state and society arising from contract, all legitimate government is created through the consent of the people, governments exist for rational people to a better life and greater security. Montesquieu didn't concern the problem, he thinks that the government is resulted from State and society naturally, and it's aim is to protect every citizen's right to freedom. Rousseau's view is the State and society resulted from social contract, but the government is not the case. He believes that Montesquieu and Locke confused with the concept of government and sovereignty.In the second part of the classification of government and the ideal, Locke put the government into: monarchy, oligarchy and democratic system, because of his political environment, he advocates British-style monarchy is the best form of government. Montesquieu based on the power to hold the highest number of government is divided into: democracy, Elite and Monarchy system, the ideal government is a constitutional monarchy. Montesquieu showed his preference for English-style government. In the theory of what is good government, Rousseau basically follow the views of Montesquieu, he put the government into democracy, Elite and aristocracy system. But Rousseau apparently preferences elite system of government.In the third part of the separation of powers and competence of the government, Locke thinks that the government must have two different powers___ legislative and executive power. Locke's theory of separation of powers founded modern democratic constitution. Montesquieu seen from the historical experience, he argued for the need to use the power to restrict the power. He improved Locke's theory, the power of the government divided into legislative, executive, judicial powers. In Rousseau's theory, he believes that legislative power is the sovereignty acts, and the government is merely to the sovereignty of the law created. Locke and Montesquieu legal theory and practice is reflected mainly in the form of the rule of law and the rule of law , but only Rousseau's the rule of law have democratic characteristics really.Finally, given the conclusions about Locke, Montesquieu and Rousseau's government thoughts.
Keywords/Search Tags:Locke Montesquieu, Rousseau, Rule of Law, View of Government
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