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Jefferson and Rousseau

American Declaration of Independence and the French Declaration of Rights

Few political documents have affected the world quite like the American Declaration of Independence or the French Declaration of the Rights of Man and Citizen. The repercussions of each have had a profound effect on world history up to this point. But why did these documents have such an effect? The answer lies in the common philosophical backgrounds of the two. The writings of Rousseau, Locke and Montesquieu all contained ideas that were later used by Thomas Jefferson and the National Assembly to compose the two documents.

Rousseau's ideas of a social contract, which states that the general will and the people were sovereign, and if a king abuses the liberty of the people they have a right and a duty to dissolve the current government and create a new one (McKay, 581), were central to both documents. Jefferson had Rousseau's ideas in mind when he wrote the Declaration of Independence. The history of the present King of Great Britain [George III] is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states...a prince, whose character is thus marked by every act which may d


Locke's ideas of natural rights, the rights of human beings to the pursuit of life, liberty, and property (McKay, 524), is clearly stated in both declarations. In the Declaration of Independence, Jefferson used the exact words in the preamble - life, liberty, and the pursuit of happiness - in which he uses happiness to mean property.(1) He also cites examples of the arbitrary suspension of liberties by George III such as the right to peaceably assemble, taxation without the consent of the colonists, maintenance of a peacetime standing army, and the right to a trial by jury.(1-2)

Montesquieu's ideas of the courts being the foremost protector of liberties (577) is used as a reason for the break with Great Britain. The justices of the admiralty or naval courts that existed in colonial America served at "King's Pleasure" rather than "Good Behavior", ensuring that the decisions of the courts would be biased in favor of the King. The right to a trial by jury was also suspended for those who broke the laws laid down by the Navigation acts. The colonials expressed these concerns in the Declaration of Independence. The Declaration of the Rights of Man also hold Montesquieu's interpretation of the courts. It provides for the right to a trial and freedom from punishments that are not strictly and obviously necessary.(Sherman 100) It also holds that all

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Approximate Word count = 911
Approximate Pages = 4 (250 words per page double spaced)


  

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