Document A. Montesquieu: Excerpts from The Spirit of the Laws, 1748

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1 Document A Montesquieu: Excerpts from The Spirit of the Laws, 1748 In every government there are three sorts of power; the legislative; the executive, in respect to things dependent on the law of nations; and the executive, in regard to things that depend on the civil law. By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies; establishes the public security, and provides against invasions. By the third, he punishes criminals, or determines the disputes that arise between individuals. The latter we shall call the judiciary power, and the other simply the executive power of the state. When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may anse, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. From Montesquieu, The Spirit of the Laws, vol. 1, trans. Thomas Nugent (London: J. Nourse, 1777), pp , passim. 1) What is the main argument/idea? 2) Paraphrase three main points the document makes to support this argument (bullet points) 3) What is the intent of the document? 4) What was the political impact of this document on the development of American Revolution? Connection Historical context Intended Audience Purpose Point of View

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3 Document B Excerpts from Jean-Jacques Rousseau, The Social Contract (1762) Man is born free; and everywhere he is in chains. One thinks himself the 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 I suppose men to have reached the point at which the obstacles in the way of their preservation in the state of nature show their power of resistance to be greater than the resources at the disposal of each individual for his maintenance in that state. That primitive condition can then subsist no longer; and the human race would perish unless it changed its manner of existence. The clauses of this contract are so determined by the nature of the act that the slightest modification would make them vain and ineffective; so that, although they have perhaps never been formally set forth, they are everywhere the same and everywhere tacitly admitted and recognised, until, on the violation of the social compact, each regains his original rights and resumes his natural liberty, while losing the conventional liberty in favour of which he renounced it. 1) What is the main argument/idea? 2) Paraphrase three main points the document makes to support this argument (bullet points) 3) What is the intent of the document? 4) What was the political impact of this document on the development of American Revolution? Connection Historical context Intended Audience Purpose Point of View

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5 Document C: John Locke: Excerpts from Two Treatises of Government, 1690 Sec. 87. Man being born, as has been proved, with a title to perfect freedom, and an uncontrouled enjoyment of all the rights and privileges of the law of nature, equally with any other man, or number of men in the world, hath by nature a power, not only to preserve his property, that is, his life, liberty and estate, against the injuries and attempts of other men; but to judge of, and punish the breaches of that law in others, as he is persuaded the offence deserves, even with death itself, in crimes where the heinousness of the fact, in his opinion, requires it. But because no political society can be, nor subsist, without having in itself the power to preserve the property And thus all private judgment of every particular member being excluded, the community comes to be umpire, by settled standing rules, indifferent, and the same to all parties; and by men having authority from the community, for the execution of those rules, decides all the differences that may happen between any members of that society concerning any matter of right; and punishes those offences which any member hath committed against the society, with such penalties as the law has established: whereby it is easy to discern, who are, and who are not, in political society together. Sec. 90. Hence it is evident, that absolute monarchy, which by some men is counted the only government in the world, is indeed inconsistent with civil society, and so can be no form of civil-government at all: for the end of civil society Source: Two Treatises of Government by John Locke (1690) [At Hanover] 2) What is the main argument/idea? 2) Paraphrase three main points the document makes to support this argument (bullet points) 3) What is the intent of the document? 4) What was the political impact of this document on the development of American Revolution? Connection Historical context Intended Audience Purpose Point of View

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