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
abrogate 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. There would be an end of
everything, were the same man, or the same body, whether of the nobles or of the people to exercise
those three powers..... Baron de Montesquieu, "The Spirit of the Laws," vol. 1, trans. Thomas Nugent
(London: J. Nourse, 1777). 7.
Why does Montesquieu argue for this division of power? In what ways would this have been seen
as radical?