LAW120 Lecture Notes - Lecture 8: Montesquieu
Document Summary
As they see it through self-government, individuals have the freedom to choose individuals to represent them. Hobbes also rejected the separation of powers, which he believed would generate conflict within the divided sovereign, handicapping its ability to preserve social order. Believed that individuals can be guided with reason and natural law: believed life was good outside of society, and we only come into society to keep order and for dispute resolution. Natural law seeking the common good, preventing harm to others, preserving ourselves and others including their life, liberty, health, and possessions. Specified there should be a separation between legislative and executive powers through not a judiciary. Liberalistic ideology: legalistic view wherever law ends, tyranny begins : law needs to take away as little liberty as it can. Property holders were considered full members of civil society and end that non-proprieties labouring class lacking in reason. Bourgeois political theory, locke"s property doctrine considered a form of capitalism.
