The Social Contract
The Social Contract
Contract
Study Guide by Course Hero
g Quotes ........................................................................................................ 28
Freedom in the state of nature is not, however, absolute. It is not specify which type of government a civil society should
restricted by the imperative of self-preservation and, more adopt, though he has a preference for aristocracy. His
generally, instinct and desires. These desires or passions neutrality on this issue is based on his view that there are
generate real and perceived needs. Real needs are those that myriad variables that make one form of government preferable
ensure survival, such as food and reproduction. Perceived to another. The most common forms, however, are monarchy
needs are generated in a society. These will include things (single rule), aristocracy (small group rule), and democracy
such as friendship and property. (large group/societal rule).
A legitimate civil society will preserve at least an approximation It is worth reiterating a distinction Rousseau makes between
of natural freedom, which is largely concentrated in the general the Sovereign and the government. The Sovereign is the body
will. By focusing on the good of the whole, the artificial needs politic, the collective legislating voice of the citizenry. The
that create dependence and inequality will not arise. government is not the Sovereign. It does not represent the
people but instead ensures that their voice is heard by
Rousseau still has to reconcile what appears to be a potential enforcing law.
conflict between the individual will and the general will. His
accounts of the general will and sovereignty offer a synthesis.
Although sovereignty can override the individual will, there is
no inconsistency, to the extent that this will is also a part of the
Sovereignty, the General Will,
general will and the general will is formalized in the Sovereign.
and the Will of All
Rousseau is also criticized for apparently maintaining
inconsistent positions on the nature of society. At times he Sovereignty is the general will. The general will is the voice of
seems to favor communitarianism, and at other times, the citizens. In their hands, all social power is vested. The
liberalism. Both are arguably reconciled by the source of the purpose of the Sovereign is to secure freedom and equality for
general will that aims at the common good. To the extent that all. Fulfilling this role is what gives the Sovereign moral
an individual's will does not interfere with the common good, legitimacy. According to Rousseau, the general will is an
there is no impediment to individual liberty. Moreover, what infallible voice of the public good, and it is the Sovereign's
makes the general will possible is the assumption that what is obligation to protect it. While the general will organizes the
common to each individual is the desire for liberty, self- form of government and creates laws, for example, it is neutral
preservation, and security—all of which the Sovereign is meant with respect to the particularities; its sole aim is the public
to articulate in law. good. The general will is, effectively, an idea. It is formalized
and embodied by sovereignty and the political body that
assembles to debate and legislate.
Civil Society, Government, Law, Rousseau distinguishes the general from the collective will,
which facilitates understanding the former. The collective will is
and the Common Good simply the sum of individual wills, in all their particularities and
differences. There is no unifying of such disparate wills, even if
Civil society is the opposite of the state of nature. The they are collected in factions. Hence, the general will, which
formation of civil society, Rousseau contends, has its origins in has one aim on which all can agree, serves, essentially, as a
the family. Led by the father, whose love for his children single will.
inspires his desire for their best interests, children eventually
gain their independence. Mapped onto a civil society, the
common good becomes the aim of the general will, and the
general will preserves civil freedom through enacting law. Law,
Individual Freedom
in turn, is applicable to the populace, not individual citizens as
According to Rousseau, individual freedom is one's natural
such.
state. This freedom is preserved and protected by the social
It is the government's role to implement laws. Rousseau does contract. It is also balanced against an orderly society in which
the good of all is protected. So, from the standpoint of the of human reason to seek and find answers to the most
Sovereign, the imperative is that the individual will be one and important questions about knowledge, nature, politics, art, and
the same as the general will—or at the very least, the individual ethics. Religious authority and dogma were thrown over in
will cannot usurp the general will. One's private interests favor of a burgeoning scientific method and faith in rationality.
cannot be taken to be the interests of everyone else. The
power of the Sovereign guarantees a domain of Some features of Rousseau's religious views fit well in the
freedom—indeed, equal freedom for all—under law. Apart from Enlightenment context. Rousseau argued in Émile for the view
participation in sovereign affairs, individual freedom is not that all religions are of equal value, insofar as they lead
brooked by political authority. believers to a virtuous life. This conclusion reflects the
Enlightenment preference of religious belief over submission to
an authoritarian church. Meanwhile, Rousseau's passion for
Parliamentary Assembly nature, from which his veneration of feeling is likely derived,
along with his erratic and passionate friendships and
romances, anticipates and gives voice to Romanticism. Still,
Rousseau distinguishes between the Sovereign and the
Rousseau's lifelong appreciation of nature was combined with
government. Government is separate from the people, because
an appropriately Enlightenment-era intellectual interest in
it must maintain both its impartiality and legitimacy. The
understanding it.
Sovereign, as a body, is the collective of all citizens. The
government is the administrative arm of the state. As the Rousseau's thesis, first articulated in his 1750 essay The
executive branch, it executes and administers the laws Discourse on the Arts and Sciences, continues throughout his
generated by the Sovereign. work. This thesis states there is a direct relationship between
intellectual conformity and moral degeneration. In other words,
When the citizens come together in the "People's Assembly,"
the cultivation of rational faculties within a system laden with
laws are proposed and voted on. Their task is to determine
pretext and decoration dulls the natural goodness associated
"whether it does or does not conform to the general will, which
with freedom. According to Rousseau, human beings are
is theirs." By casting ballots, each expresses their opinion. The
naturally independent and self-sufficient. Society weakens
"tally of the votes yields the declaration of the general will."
humans by increasing dependence.
Rousseau is adamant that there be a physical assembly; that is,
that citizens appear to propose and vote on law. Moreover,
these assemblies must be regular.
Divine Monarchs and
Revolution
d In Context
Enlightenment thinkers questioned not only the authority of the
church, but also the right of divine rule. Not only was reliance
The Enlightenment on one's own reason over external authority permeating
scientific reasoning, but the related concept of autonomy was
Jean-Jacques Rousseau lived and worked during the period also taking center stage in moral and political thought.
known as the Enlightenment, which is embodied in his work in Autonomy is freedom from external control; rational autonomy
the ways in which he challenges preconceived notions of in political and moral thought emphasizes self-governance, or
religion while continuing to advocate for religious belief outside the independence of the individual to make correct use of
the dogmatic and authoritarian systems in which it was one's own reason. While thinkers such as Hobbes believed in
embodied. Some aspects of his work also identify him as a the divine right of kings, others, such as Locke, Voltaire,
precursor to the Romantic era, in which intense feeling is Montesquieu, and Rousseau, proposed forms of limited
privileged over rationality. government.
The Enlightenment period lasted for most of the 18th century. Monarchs, or kings, often viewed their rule as
It was characterized by enthusiastic confidence in the power absolute—justified by divine right. The divine right of kings
became a political doctrine that declared a monarch's authority liberty is shackled by instincts and desires. So, while people
to be derived from God, who was said to have put them on are free to do as they please, they are not free from their
Earth to rule. As such, the monarch claimed to be above human drives. Moreover, Rousseau maintains that property is not part
law and its institutions. The scope of this doctrine grew in the of the natural condition but instead is a form of dependence.
16th and 17th centuries to include not just authority in the
political arena but also in religious matters. In France, Louis XIV In Rousseau's view people are also naturally good. This
was an example of the sort of conduct that fomented concept is contrary to the Christian doctrine (common to both
revolution (his outlandish spending at the expense of his Catholics and Protestants) of original sin, which states that
subjects' well-being). His palace at Versailles included such every person is tainted from birth by the actions of Adam and
extravagances as crystal and gold fixtures, and copper Eve in the Garden of Eden. Thus, Rousseau's statement of his
fountain statues. belief put him at odds with the dominant power in Europe;
caused many of his works to be censured; and even
Growing resentment, along with the emergence of political endangered his life, liberty, and right to own property on
treatises focusing on new conceptions of a just government, numerous occasions.
generated events such as the French Revolution (1789–99) in
the late 18th century. People began to demand more freedom In Rousseau's worldview, civil society is the mechanism
and more autonomy, and they were willing to fight for it. whereby the natural condition is best supported. By collecting
as a single political body, called the "Sovereign," human beings
can express "the general will." This behavior is superior,
Rousseau's Conception of the Rousseau thinks, to giving up natural freedom for a sort of
enslavement that comes with the protection provided by a
State of Nature monarch or other type of government that does not have an
interest in their subjects' well-being. Instead, by associating
under a contract, written or understood, the people give up
Rousseau was not the first political theorist to imagine
natural freedom but gain both collective freedom and the
humanity's natural condition, outside a civil society—a
tempering of their natural impulses. After all, in a society one
hypothetical state of nature. English philosopher Thomas
cannot always do what one wants, because that may encroach
Hobbes, for example, famously argued in Leviathan (1651) that
on one's fellow citizens' freedoms.
the natural state of the human being is a war of all against all,
that "the life of man [is] solitary, poor, nasty, brutish, and short."
Humans are motivated, in Hobbes's view, purely by self-
interest. Rousseau's Influences
Rousseau, by contrast, conceived the natural condition in much Rousseau engages with political theorists of the past and
gentler terms, believing humanity to be essentially noble, present in The Social Contract. Because he lived and worked
though he agreed with Hobbes that self-interest—more during the apex of the French Enlightenment, whose
specifically, self-preservation—motivates human action. In thinkers—the philosophes—were influenced by the likes of
addition, Rousseau was influenced by Locke's natural law English scientist Isaac Newton and English philosopher John
account of human nature. According to Locke, human beings Locke, Rousseau found himself at one of the centers of
are naturally free and equal but are also governed by natural incredibly productive intellectual activity. The concept of
law. By this, he means those laws that applied to all people natural law, for example, from Greek philosopher Aristotle
regardless of their customs, conventional laws, location, and through Italian priest Thomas Aquinas, and from Dutch jurist
generation. Moreover, human beings have natural rights, Hugo Grotius through English philosopher Thomas Hobbes,
among which are life, liberty, and property. had become a core feature of political theories.
In Rousseau's state of nature, human beings are also free to Rousseau's novel contributions to political theory stand out
pursue their self-interest, uncoerced, and so uncorrupted by against the backdrop of these influences largely because he
civil society. Self-interest is dominated by self-preservation, broke from the prevailing enthusiasm for human reason.
which, in turn, is tenuous in the state of nature. Indeed, natural Instead, he concentrated on human nature and the
simultaneously aggravating and tempering influences of happiness. Through this study, he believed, one can properly
society. In addition, he did not side either with those who become virtuous.
endorsed a monarchy as a way of escaping the savagery of
the natural state or those who endorsed a civil society that As a movement, Romantic Naturalism emphasized the
exists in order to protect natural rights. On the former side immediacy of feeling and the concrete, albeit fleetingness, of
were thinkers such as Hobbes and Grotius, while on the latter nature. Such tangibility was contrasted with the arid
were the likes of Locke and French lawyer Montesquieu. While abstraction of rationality favored so heavily in the
he agreed with some ideas and rejected others, his view of the Enlightenment.
civic life is essential to a citizen's freedom. The general will effect on the groundbreaking German philosopher Immanuel
cannot be expressed without participating in public life. Kant (1724–1804). Kant is said to have become so absorbed in
Émile that he forgot to take the daily walks that were otherwise
so habitual that neighbors could set their clocks by them. In
Constitutions addition, Rousseau's portrait was the only image displayed in
Kant's home.
Both France and the United States developed social contracts,
or constitutions, after their revolutions. A constitution lays out In his "An Answer to the Question: What is Enlightenment?"
the principles of a society, such as how the government is (1784) Kant declares, "Sapere aude! Dare to know!" Given
structured and organized, which rights are observed as Kant's typically Enlightenment confidence in reason, it might
existing naturally, and which rights are considered granted by seem strange that he was so affected by Rousseau. But like
the establishment of the constitution. A constitution may also Rousseau, Kant understood reason's limits. In his Critique of
establish the practices of administering the government. Pure Reason (1781), for example, Kant argues that the
structure of human understanding limits knowledge to the
empirical world, thereby restricting reason.
Romantic Naturalism
Rousseau's commitment to freedom—more specifically,
The Enlightenment not only influenced Rousseau, Rousseau independence—likely influenced the framework of Kant's
also influenced it. He was, however, not exclusively an thinking on politics and morality. In other words, Kant's clarion
Enlightenment thinker. Insofar as he was deeply committed to call, "Sapere aude!" has more in common with Rousseau than
the value of the emotions, rather than the singular primacy of would seem to be the case at first glance. After all, Rousseau
reason, Rousseau did not fit neatly into the common was deeply concerned with preserving human independence in
conceptions of the Enlightenment philosopher. His novel Julie, the context of a civil society. Thinking for oneself is one such
or The New Heloise (1761) continuously set out the tensions point of contact.
between reason and emotion, the individual and societal
Still another is equality. Kant conceives of human beings as
norms, and the fundamental goodness of human nature and its
fundamentally of equal value. For Rousseau, the erosion of
corruption by society.
freedom is one way of generating inequality by dependence.
For Rousseau, nature and the human being's natural condition For Kant, conduct that interferes with another person's
are not to be dominated, broken, and tamed. Indeed, one's freedom to make their own choices undermines their
natural state is a state of true freedom and goodness. fundamental value. As Kant put it, it was Rousseau who taught
Rousseau returned to this theme again in his novel on him the value of humanity: "Rousseau set me right."
education, Émile (1762), and he himself eventually chose to live
a quietly solitary life studying nature. His later work, Reveries of
the Solitary Walker (1782), emphasize nature as a path to
Early Years An essay entitled Discourse on the Arts and Sciences, which
won first prize in an essay contest in 1750, established
Born June 28, 1712, in Geneva, Switzerland, Jean-Jacques Rousseau's reputation. In it he argued that humans, who are
Rousseau became an immensely influential thinker in art, basically good by nature, are corrupted by the arts and
religion, and political philosophy. His mother, Suzanne Bernard, sciences. The basic thesis about human goodness became the
died shortly after his birth, leaving his father, Isaac Rousseau, foundation of his later political works.
to raise him. A watchmaker, Rousseau's father elevated his
social status through marriage but eventually had to escape During his time in Paris, Rousseau also became a friend of
Geneva when he became embroiled in a dispute. French philosopher Denis Diderot, whose Encyclopédie (1772)
he copublished with French mathematician and philosopher
Prior to his departure, Isaac Rousseau had instilled into the Jean Le Rond d'Alembert. These philosophers were at the
young Rousseau a love of Geneva, where he, as a citizen, had center of French intellectual life. United by the commitment to
voting rights. He also cultivated a love of reading, which, in turn, rationality, the French intellectuals wrote on an array of topics.
inspired intense romantic ideas about life. Rousseau contributed music articles, as well as an important
essay on political economy, which was published in 1755. The
Rousseau was left in Geneva with an uncle and later sent away
Encyclopédie became the repository of French Enlightenment
to school. At 13 he was apprenticed to a notary and then an
achievements.
engraver, the latter of whom beat him. Having run away at 15,
he eventually came under the protection of a noblewoman, the Rousseau's personal life continued to be complicated. He
Baroness of Warens. A convert to Catholicism, Warens was became involved with a seamstress, Thérèse Levasseur, and
instrumental in Rousseau's conversion, which resulted in his he had at least one child with her. He persuaded Levasseur to
relinquishing his Genevan citizenship. give the infant up to an orphanage. Eventually, he took her and
her mother in as servants, supporting them and the rest of
Rousseau's relationship with the baroness, who was separated
their family.
from her husband, was complicated. He lived with her at
various points, eventually becoming her lover when he turned
20. She often supported him financially and also provided for
his religious and music education. In addition, having
Period of Intense and Prolific
surrounded herself with the educated Catholic elite, she
introduced him to the world of ideas.
Writing
Eventually, Rousseau began studying in earnest—mathematics, Rousseau returned to Geneva in 1754, reconverted to
music, and philosophy, especially—and in his late 20s became Calvinism (branch of Protestantism), and regained his
a tutor in Lyon. After having developed a new system of citizenship. He also became embroiled in a controversy that
musical notation, Rousseau moved to Paris in 1742 to present it resulted in a falling out with Diderot and the Encyclopédistes.
to the Académie des Sciences. Though they rejected it as Rousseau's romantic spiritualism, for example, contrasted
impractical, the Académie acknowledged Rousseau's mastery starkly with Diderot's atheism. This did not, however, prove to
of the subject matter and encouraged him to continue working be an obstacle to a prodigious output: Discourse on the Origin
on it. of Inequality (1755); Discourse on Political Economy (published
in the fifth volume of the Encyclopédie, 1755); Letter to
During a brief posting as secretary to the French ambassador d'Alembert (1758); Julie, or The New Heloise (1761); Émile or On
to Venice, Rousseau developed a love of Italian opera. He Education or Émile (1762); The Social Contract (1762);
would later write a popular opera, The Village Soothsayer, Dictionary of Music (1768); Confessions (1782); Rousseau,
which was performed in 1752 for King Louis XV. Delighted with Judge of Jean-Jacques (1780); and Reveries of a Solitary
Walker (1782). nations can trace significant ideas to him. His Social Contract
was an inspiration to the Society of the Jacobins (radical
The novels Julie and Émile were, respectively, popular and French revolutionaries) and others during the French
infamous. The former influenced romanticism, and the latter, Revolution (1789–99; a period of social and political upheaval),
education. In Émile Rousseau included a defense of religious and his ideas were influential both in American politician
belief; because it rejected original sin and divine revelation, Thomas Jefferson's creation of the Declaration of
both Protestant and Catholic authorities took offense. His Independence (1776) and in the writing of the Federalist
books, and Rousseau himself, were banned in France and Papers (1788; a series of essays in support of the ratification of
Geneva. the U.S. Constitution).
Last Days
Though there was still an arrest warrant out for him in France, Hugo Grotius
Rousseau returned there under an assumed name. He
continued writing, studied botany, and variously engaged his Hugo Grotius's work profoundly influenced philosophy, law,
many critics. On July 2, 1778, Rousseau died from a stroke. political theory, and relevant areas of study. His contributions
to natural law theory generally promote the view that certain
societal norms have their basis in nature. Thus, acceptable and
Niccolò Machiavelli
Niccolò Machiavelli is often called the father of modern
political philosophy. His seminal work, The Prince, offers advice
to would-be rulers. This advice focuses on what a would-be
prince should do to retain power.
Charles-Louis de Secondat,
baron de La Brède and de
Montesquieu
Montesquieu articulated a theory of the separation of
governmental powers. This view was influential on framers of
subsequent constitutions.
Plato
Along with Aristotle, Plato is one of the greatest philosophers.
Having written on virtually every subject, Plato's philosophy is
systematic. This means, in part, that his political theory is
intimately connected with his theories of reality (metaphysics)
and knowledge (epistemology). According to Plato, only a
republic ruled by philosopher kings and queens will be just.
Gaius Marius (c. 157–86 BCE) was a Romulus Augustulus (5th century CE)
Gaius Marius
Roman general and politician. Romulus was the last Western Roman
emperor.
Moloch, or Molech, was a Canaanite Saturn is the Roman god of seed. His
Moloch deity. In the Hebrew bible, he is Saturn Greek counterpart is Cronus, the god
associated with child sacrifice. of agriculture.
Moses, or Moshe, who lived c. 14th Servius Tullius (c. 578–535 BCE) is
Moses and 13th centuries BCE, was a credited with creating the Servian
Hebrew prophet. Servius Tullius Constitution. This constitution divided
members into five classes according
to wealth.
Noah is a biblical figure, known as the
Noah hero of the flood story in the Hebrew
bible. Solon (c. 630–560 BCE) was an
Solon
Athenian statesman.
Numa Pompilius (c. 700 BCE) was a
Numa Pompilius Roman ruler prior to the founding of The Venetian Council of Ten was a
the Roman Republic. political organization in the 14th
The Council of
century. It was established for the
Ten
purpose of defending the existing
Pompey the Great, or Gnaeus rule.
Pompeius Magnus (106 BCE–48 CE)
Pompey the was a statesman and general in the
Great later Roman Republic. He was also an Ulysses is the hero of Homer's epic
Ulysses
associate of Julius Caesar, whom he poem, The Odyssey.
later opposed.
Book 1, Chapters 1–6 this point "the natural bond is dissolved." If the family remains
intact, it is by choice, and so by convention.
Assuming, on the other hand, that a right can be generated the one side, absolute authority, and, on the other, unlimited
through force, Rousseau concludes that "the sole result is an obedience." Another way to put the contradiction is as follows:
inexplicable mass of nonsense." This is because with each the master owns the slave and so also the slave's rights. The
force greater to the one previous to it, a new right is master, then, has a right against himself.
established. Now, suppose that one is strong enough to get
away with disobeying authority. This means that one is not Rousseau also rejects Grotius's argument that the right of
forced to obey. Rousseau argues that force obviates duty, so slavery can be derived from war. When one society vanquishes
when force is no longer a reason to obey, there is nothing else another, the "victor" supposedly has "the right of killing the
to compel one to do so. In other words, if people recognize and vanquished." The price of life is slavery. Because there is an
obey authority, then it is because they are forced to do so. In advantage to each, it is supposed, the arrangement is thought
that case, they do not obey because they believe they ought to to be legitimate. Rousseau argues that the inference from war
do so. But, when the moment comes that they are not forced to slavery is erroneous.
has been formed out of the natural state of individuals freely terminology to denote features of the contractual society:
and independently pursuing their own interests. members call their society "State, when passive, Sovereign
when active, and Power when compared with others like itself."
What is required of an investigation into the formation of a Members of the society are, collectively, people, and as
society is how individuals initially collected in order to give individuals in that collective are citizens. Citizens share "in
themselves over to a king. As Rousseau points out, a sovereign power," while as subjects they fall "under the laws of
"convention" must already be established if some people in a the State."
society want a master, while others do not. "The law of majority
voting is itself something established by convention."
Analysis
Book 1, Chapter 6: The Social Compact Rousseau's central aim is to reconcile human nature with civil
society. According to Rousseau, because that nature is not
The origin of society, and a contract which binds members
inclined to society, and because it is corrupted by it, the
together, is the subject of Chapter 6. Rousseau has already
challenge is to convince people to want what is right.
proposed the view that the natural state of individuals is
According to Rousseau, there is a need for a social contract,
freedom and independence. In that condition an individual's
but not just any contract will suffice. A legitimate social
sole responsibility is self-preservation. A point is reached,
contract is one that voices the general for the common good.
however, at which the challenges to maintaining that state are
too great: "The human race would perish unless it changed its Rousseau begins the formal body of The Social Contract with
manner of existence." Individuals must band together in order what is now one of the most famous lines in philosophical
to survive. The key, Rousseau maintains, is for individuals to literature: "Man is born free; and everywhere, he is in chains."
unite without losing "the force and liberty" that "are the chief The quote distills the central concept in Rousseau's political
instruments of [that individual's] self-preservation." More philosophy. The foundations of a civil society are illegitimate
specifically, Rousseau declares that such a union of individuals when they restrict freedom and, typically as a result, generate
must preserve the individual's self-mastery and freedom. inequality. One who is wealthier than their neighbors, for
example, has more power. Rousseau, like Plato, rejects the
The book, Rousseau claims, is the solution to the problem of
argument that might—in whatever form that takes—makes
maintaining the individual freedom from obedience to others.
right.
The essential terms of the contract Rousseau presents are as
follows: all citizens subordinate their individual wills to the Instead, Rousseau situates morality squarely in the realm of
general will; in turn, they become an indivisible whole. freedom. When he claims that yielding to force is not an act of
will, and so cannot be a duty, Rousseau clearly expresses the
It is imperative that the individual completely and
view that a coercive political authority is not morally binding.
unconditionally join in the whole, for without doing so, there
This point helps clarify Rousseau's previous claim, in Chapter 1,
can be no "general will." From this, it follows that the individual
that anyone compelled to obey is justified in shirking off the
does not maintain rights that oppose the formal whole, or
yoke by force.
state. At the same time, however, because those entering into
the contract are equals, their natural freedom is preserved. Because Rousseau uses terminology unfamiliar to the
Moreover, because individuals who enter into the contract wish contemporary reader, or uses it in unfamiliar ways, it is
to preserve their freedom, the contract must not be worthwhile to clarify it. The general will, which is named the
burdensome and complicated. Through this manner of Republic or body politic, is significant. Once individuals enter
association, Rousseau asserts, "a moral and collective body" is into a social compact or contract, the resulting body is an
created, a "public person," in which each individual's vote entity with its own will. The collection of people who enter into
counting as equally as another member's. That "moral and a civil society becomes one; hence, the term Sovereign.
collective body," or "public person," is called a Republic or body
politic.
The Sovereign, as a unified body, cannot "offend against one Book 1, Chapter 9: Real Property
of the members without attacking the body," so that it is the
state's—or Sovereign's—interest not to harm one of its When an individual "gives himself to" a civil state, he also gives
members but instead to act in favor of their interests, despite "all the resources at his command, including the goods he
not being bound to do so. In addition, any offense against the possesses." This does not, however, entail relinquishing one's
body itself creates resentment among its members. "Duty and property. For insofar as the individual is also a subject of the
interest" emerge to secure the subjects' relations to each other state, the state has an interest in protecting what has been
and the Sovereign, as well as the Sovereign's relation to its acquired in the state of nature.
subjects. The dual capacity of a Sovereign's members makes
this reciprocity possible. Legitimate, or "real" property rights are secured by being "the
first occupier." One could have acquired one's property by
The body comprises individuals and consequently has no force, but Rousseau has already discounted it as a legitimate
"interest contrary to theirs." Moreover, "because it is method. Instead, because everyone has a right to what they
impossible for the body to wish to hurt all its members," there need to survive, and given that one works and cultivates
is no reason for that body to provide its subjects with property not already occupied—rather than taken "by an empty
guarantees. On the other hand, subjects require laws to ceremony"—and not greater than what is necessary for
maintain their loyalty to the Sovereign. After all, Rousseau survival, it follows that one has a right to property.
points out, some members "may wish to enjoy the rights of
citizenship without [fulfilling] the duties of a subject." A
continued state "of this injustice [would be] the undoing of the
body politic."
investing power in a ruler. life. The state cannot, for example, take more from a citizen
than is required. In addition, the state speaks for the citizen to
Rousseau provides an example of the difference between the extent that it is relevant to society as a whole; that is, in
Sovereignty and the powers derived from it. Declarations of terms of what is relevant to the common good. Otherwise, the
war and peace, he maintains, are not exercises of sovereignty citizen pursues their own interests.
but the application of law generated by it. The law provides
instruction for the appropriate declarations and authorization
of the power to make them, but these are not themselves law. Book 2, Chapter 5: The Right of Life and
Death
Book 2, Chapter 3: Whether the General
The Sovereign's right extends to life and death. In other words,
Will Is Fallible the state has the authority to implement the death penalty in
order to preserve the social contract. One violates the social
Rousseau argues that the general will is infallible. Rousseau contract when one violates sovereign laws. Consequently, "he
reminds the reader of a previous claim, namely that the general must be removed by exile as a violator of the compact, or by
will tends toward the common good. It does not follow from death as a public enemy." That individual is an enemy because,
this, however, "that the deliberations of the people are always according to Rousseau, "such an enemy is not a moral person,
equally correct." People can be deceived or may fail to but merely a man." Recalling the right of war, Rousseau
correctly identify the good. The general will cannot. Moreover, concludes the vanquished enemy is to be killed.
the general will is distinguished from the "will of all," which
considers "private interest," while the general will does not.
Consequently, the "will of all" is simply the "sum of particular Book 2, Chapter 6: Law
wills."
Having articulated the origin of the social contract, Rousseau
The general will accounts for everyone—no one is formally turns his attention to how the body politic, or the Sovereign, is
prevented from a vote. Consequently, Rousseau thinks, when maintained. The social contract brings the "body politic" to life;
informed citizens deliberate on what to do, without influencing laws, Rousseau maintains, "give it movement and will."
each other in any way, the general will will emerge. Citizens
may differ in terms of their particular wills, but, because these Laws are required to protect members of society from those
"private wills" clash, it is easy to see they do not represent the who would do others harm. According to Rousseau, "the object
general will—an individual's private interests are not likely of laws is always general": laws consider subjects as a whole
identical with everyone else's. When factions form, however, and their actions as "abstract, never a particular person or
the distinction between the private and general wills is harder action." Moreover, "the law unites universality of will with
to discern. These are precluded, and public discourse universality of object." Consequently, laws aim at the common
protected from corruption, Rousseau thinks, by preventing good.
citizens from communicating during deliberation on proposed
public policies. Thinking for oneself is the order of the day.
Analysis
Book 2, Chapter 5: The Limits of "Sovereignty" and "the general will" can be taken as
synonymous terms. Indeed, people are sovereign—in their
Sovereign Power
collective voice is vested authority—when they speak with one
voice; that is, when they express the general will.
Rousseau continues the metaphor of the Sovereign as a body
in Chapter 4. The state is, more specifically, "a moral person
The general will is infallible. Jean-Jacques Rousseau has
whose life is in the union of its members." This arrangement
already claimed that by the mere fact it exists, the Sovereign is
does not eliminate the individual, insofar as the state's absolute
always everything it ought to be. Particular wills can and do
authority over him does not extend to every particular of his
conflict with the general will; that is, individuals are inclined to
pursue their self-interests rather than those common to all. political purpose.
These common interests include safety, clean water, and food.
For Rousseau common interests are reflective of equality,
while individual interests are reflective of partiality. Book 2, Chapter 8: The People
Consequently, when one goes against the common interest,
one goes against equality, for one does not take everyone else Rousseau has argued that people need to be convinced to
into account. When one realizes the superiority of the general obey laws. In Chapter 8 he focuses on the condition in which
will over the particular will, one realizes that in the general will, the people must be in, in order to be so convinced. Just as an
one's own most important interests are respected. Error architect must assess the conditions of the site on which a
occurs, then, when one exerts one's will contrary to the structure is to be built, so also a legislator must ascertain "the
Summary
Book 2, Chapter 9: The People,
Book 2, Chapter 7: The Legislator Continued
Ideally, people are mature enough to embrace law. In addition,
Legislators create laws, beginning with a constitution.
ideally there will not be too many people in a social contract.
However, good legislators are not easily found. This is because
For government to be effective, society cannot be too large.
they must be very intelligent and insightful, and able to codify
For a society to be secure, it cannot be too small.
the general will. In so doing, they shape the character of the
state, turning brutes into men. Moreover, legislators must not
Smaller states are preferable to larger ones, because the latter
be citizens of the state for which they write laws. So, while as
can be cumbersome and inflexible. As Rousseau points out,
such they are exempt from the Sovereign, they are also unable
"Long distances make administration more difficult, just as a
to participate in governing.
weight becomes heavier at the end of a longer lever."
Moreover, larger, far-flung societies dilute the feelings citizens
Finding suitable legislators is not the only hurdle to be
have for each other and for their leader. Given that the general
overcome. The legislator is confronted with a collection of
will relies on both, such a situation is untenable.
individuals with no understanding of the principles that underlie
laws. Those individuals also must be transformed into
"substituting a partial and moral existence for the independent
Book 2, Chapter 10: The People,
and physical existence nature has conferred."
Continued
Obedience to the law is not a given. Rousseau points out that
the necessity of law as proof of this claim. As he writes, if it Rousseau's final chapter on "the People" focuses on the size of
were a given, "men would have to be before law what they the state and the type of person best suited to it. The state's
should become by means of law." Reason and force do not laws ought to ensure self-sufficiency, because without self-
serve as authorities, so another must suffice. According to sufficiency, dependency on other states and military
Rousseau, the legislator "must have recourse to an authority ... aggression become modes of survival. At the same time, a
capable of constraining without violence and persuading state that is overly productive is subject to aggression from
without convincing." Historically, divine authority has served those states wanting its resources.
this purpose. This does not mean, however, that religion and
politics share a common purpose. Instead, religion serves a There is no precise algorithm by which this balance can be
achieved. Rousseau points out that multiple factors must be
taken into account when thinking about the appropriate size state.
and development of the state. These include the territory's
geography, the variety of its natural resources, and the
willingness of its people to contribute to its welfare. Book 2, Chapter 12: The Division of the
Rousseau concludes the chapter with a list of characteristics
Laws
of the people "fit" for legislation. This list also encapsulates the
The final chapter in Book 2 is concerned with the classification
most significant features of what Rousseau takes to be the
of the laws of the state, each of which focuses on a relation
most successful type of state.
between institutions, between individuals and institutions, and
They are a people: among members of the society. The constitutional laws are
"political laws." These concern the relation between the
unified in some way but not already bound by law Sovereign and the state by setting out the rights and duties the
not superstitious or who have an ingrained culture Sovereign determines for the state. If they are wise, these laws
not in danger of being invaded, or having allies to come to are also called "fundamental laws."
its defense
immune to neighbors' disputes The second and third classifications concern laws that govern
whose members all know each other citizens' relations to each other. Civil and criminal laws,
capable of individual self-sufficiency respectively, maintain citizens' independence from each other,
not poor or wealthy but self-sufficient while preserving their dependence on the state. The fourth
possessing "the consistency of an ancient people classification is not codified law, as are the others, but instead
[combined] with the docility of a new one." law imprinted "on the hearts of the citizens." Moral law is,
according to Rousseau, "the most important of all," because,
more than any written law, it is what preserves a society.
Book 2, Chapter 11: The Various Though "a power unknown to political thinkers, [it is one] none
the less [on which] success in everything else depends." In
Systems of Legislation "secret," the legislator crafts laws that aim at generating
citizens who will the general good.
Rousseau next sets out to discuss the purpose of law and how
the state is to fulfill that purpose. To achieve "the greatest
good of all," which is the ultimate purpose of the state, laws
must promote and protect "liberty and equality." Each is
Analysis
essential, but equality is necessary for liberty.
Freedom is foundational to Jean-Jacques Rousseau's project.
Liberty here is "civil liberty," the independence of members in a Indeed, the entire book is organized around it. As Rousseau
society to pursue their own interests. Equality is, Rousseau points out at the beginning of Chapter 11, the legislation has
claims, not identical power or riches, for example, but the two main goals: "liberty, because all particular dependence
prevention of any one person having so great a power or means so much force taken from the body of the State" and
wealth over any other or others such that the latter's liberty is equality, which Rousseau claims is essential to liberty. The key
threatened or eliminated. More specifically, when one is to a successful civil society, then, is to understand and relate
dependent on another whose power or wealth effectively freedom in its various aspects: natural, civil, and moral. Any
creates that dependence, one loses one's liberty. This, in turn, encroachment on freedom weakens the state by creating
results in a weakening of the state. dependence.
Preserving liberty and equality, given the variables described in Rousseau has already argued that citizens who will uphold the
Chapter 10, means there is no exact formula. Each state is general good are going to hold the society together. Through
modified according to its own peculiarities, or "in accordance the society's mores, customs, and education, this goodwill is
with the local situation and the temper of the inhabitants"; all developed. So, while every society contains members who
these should determine the systems best for that particular have more or less than others (for example property) with the
cultivation of thinking about the common good, such inequality
Analysis Summary
In Books 1 and 2 Rousseau is concerned with articulating the
basic principles whereby liberty and equality are preserved in a Book 3, Chapter 7: Mixed Governments
civil society. Sovereignty and law together maintain both, which
exist and function universally, rather than at the level of Jean-Jacques Rousseau's discussion of a monarchical form of
particularity. Consequently, they serve everyone and no one in government is followed by a caveat in Chapter 7: A king always
particular. has a number of subordinates to carry out a variety of tasks.
There is, in other words, "no such thing as a simple
In Book 3 Rousseau turns his attention from the founding of
Government." That said, a simple government, by virtue of its
the state to its governance. The government is distinct from
simplicity, is best, although the best government, as with any
the Sovereign, which is constituted by the citizens. It is the
form of government, depends on the empirical conditions.
government's role to enforce the general will, which is
associated with right. In other words, it is the government's role Rousseau spends the remainder of the chapter discussing two
to implement the laws created to protect the common good. opposite problems for any state: too much strength and too
"The members of [the government] are called magistrates or little strength. A government that is too strong interferes with
kings, that is to say governors;" the name prince belongs to the the general will. In this case, the executive branch's power is
whole governmental body. (The term is adopted from Niccolò not sufficiently dependent on the legislative branch. By
Machiavelli and refers simply to those who govern.) distributing authority across multiple magistrates, the problem
is ameliorated. The opposite problem, a government that is too
Rousseau is interested in advising readers on various political
weak, results in anarchy. To avoid this, Rousseau proposes the
institutions: democracy, aristocracy, and monarchy. He is also
establishment of special courts "to concentrate" strength in
interested in offering advice on tempering governmental
terms of enforcing order.
intrusion into Sovereignty. Though he is convinced that no
state lasts forever—one need only look to the Roman Republic,
for example—he does think there are strategies for maintaining
a healthy state for as long as possible.
Chapters 16 and 17 focus, respectively, on what the how a man can be both free and forced to conform to wills that
government is not, and what it is. The government is not a are not his own." His solution is to return to the conceptual
contract between political authority and citizens. It is, rather, starting point of the social contract, namely the agreement to
instituted by the Sovereign decree. The people, by law, decree "consent to all the laws, including those which are passed in
a form of government, and they "nominate the rulers who are spite of his opposition." Moreover, each citizen is to vote in
to be entrusted with the government that has been accordance to the general will. Consequently, Rousseau takes
established." a minority vote to be an error: "I was mistaken, and that what I
thought to be the general will was not so."
Analysis
Book 4, Chapter 2: Voting
The general will can be abandoned but never destroyed. That
Rousseau maintains the voting right is an inalienable right of is because, according to Jean-Jacques Rousseau, it is that
every citizen. It is through voting that the general will is alone which aims at the common good. The exercise of that
exercised and actualized through legislation. This is most will occurs by voting. Here again, the imperative of each citizen
efficiently accomplished through unanimous agreement. "The to participate as a member of the Sovereign is highlighted.
more concert reigns in the assemblies ... the greater is the While the individual will may not coincide with the general will, it
dominance of the general will." is the latter that wins the vote. Insofar as the individual citizen
has already agreed to promote the common good through the
Such unanimity is, in practice, almost impossible to achieve.
general will, that individual still "wins," even if he voted
Moreover, it is not even desirable. To the extent that unanimity
otherwise.
can be achieved by corrupt means, it does not reflect the
general will. It is, consequently, not a requirement for The reader can imagine someone who, for example, has a
legislation. It is, however, a requirement for the social contract. financial interest in a company that engages in poor
Everyone who enters into a civil society must do so freely. environmental practices. Perhaps they pollute the water or air
during the process of manufacturing their product. That
The majority of votes wins the day. Rousseau recognizes a
individual's interest conflicts with the common good of clean
potential problem with this approach to voting: "But it is asked
water or air. At the same time, clean water or air is also good
Book 4, Chapter 5: The Tribunate
for the individual. If that citizen votes against the common
good, they also vote against their own, more fundamental The tribunate is "the defender of the laws." Rousseau states
interest. Consequently, if the general will is, in this example, to that its role in the Roman Republic was "to protect the
create environmental protection laws, the good of all is Sovereign against the government," while its role as The
promoted. Council of Ten in Venice was "to uphold the government
against the people." In Sparta, the Ephors' role was to strike a
balance between the two.
Book 4, Chapters 4–9
Rousseau declares the tribunate to be "the strongest support a
good constitution can have." Its strength, however, cannot be
Summary "excessive," for then it "upsets the whole State." Nor can it be
weak, for that is unnatural: weakness defeats its reason for
being. For Rousseau, the veto power of the tribunate is key to
its protection of the general will.
Book 4, Chapter 4: The Roman Comitia
The first of five chapters devoted to the Roman Republic
Book 4, Chapter 6: The Dictatorship
begins with an analysis of the comitia, an institution Jean-
Jacques Rousseau takes to contribute to the maintenance of
In the Roman Republic the dictator was an office
the general will. After reviewing the basic makeup of the
institutionalized by constitution. It was active only during times
republic, Rousseau discusses the comitia, or lawfully
of crisis and for six months—or longer, depending on the
assembled divisions of the people for the purpose of organized
length of the crisis. The dictatorial power was virtually
lawmaking.
absolute.
This is Jean-Jacques Rousseau's aphoristic opening sentence interests of particular individuals are outweighed by the
and fundamental criticism of modern society, which restricts common interest, which is the common good.
human freedom and creates inequality.
— Jean-Jacques Rousseau, Book 1, Chapter 3 For Jean-Jacques Rousseau no legitimate civil society exists
without the Sovereign, as he conceives it. Each citizen has
equal value; each citizen's voice is as strong as every other.
A society founded on tyranny is a society doomed to fail.
Following Plato, Jean-Jacques Rousseau argues against the
view that might makes right. Instead, a legitimate society is one
into which free people freely enter. He seems not to notice that
"Each member of the community
his theory sanctions revolution, because if free people freely gives himself to it, at the moment
enter a legitimate society, they may also freely leave it.
of its foundation."
For Jean-Jacques Rousseau, freedom, or liberty, is "If then the people promises
fundamental to what it is to be human. This liberty generally
means freedom from external coercion.
simply to obey [it] loses what
makes it a people."
— Jean-Jacques Rousseau, Book 3, Chapter 15 liberty in the state of nature, according to Rousseau, an
individual's license to do what they want. A legitimate civil
society preserves that freedom in the general will.
Jean-Jacques Rousseau is adamant that each citizen's duty is
to participate in political life. This duty cannot be transferred or social contract the agreement among individuals to form a civil
otherwise abnegated without "killing" the body politic, the society. For Rousseau a legitimate social contract preserves
Sovereign. liberty and equality.
e Suggested Reading
Jean-Jacques Rousseau's book met with deep criticism from
both religious and nonreligious circles. It was banned in Paris Bertram, Christopher. Routledge Philosophy Guidebook to
largely on the basis of the chapter on religion. Rousseau Rousseau and the Social Contract. Routledge, 2003.
effectively rejects the idea that a particular religion should be
associated with the state. Instead, there should be belief in Cohen, Joshua. Rousseau: A Free Community of Equals.
divinity, for example, but not a divinity that is particularly Oxford UP, 2010.
identified. And the "religion" should help people be better
Williams, David Lay. Rousseau's Social Contract: An
citizens.
Introduction. Cambridge UP, 2014.
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