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Tutor: Fenna Deinum

Rousseau opens Book I with: “Man was born free and everywhere he is in chains”, chains that developed
with the introduction of society and inequalities (Book I, Chapter 1). Rousseau continues his argument by
claiming “The Social Contract” will break men free, through the formation of an association (social pact),
that collectively unites and protects its members and their goods, while each member retains their natural
freedom. (Book I, Chapter 6).
Rousseau proceeds to define the General Will, the essential term on which the social pact lies. It is not the
sum of all particular wills (Will of All); instead, it emerges from the collective association of all members
who place themselves under its supreme direction. Finally, this entity is guided by the General Will, it is
termed Republic or Sovereign when active, State when passive, and Power when related to others (Book I,
Chapter 6).
The Sovereign, can do nothing which harms the social contract since its existence depends upon it, the
members are subject to the laws decided by the Sovereign, bound to the Sovereign as individuals, and bound
to each other as members (Book I, Chapter 7). In entering the State, men give up their natural liberty, in
exchange for civil liberty, moral liberty, and the right to ownership.

Opening Book II, Rousseau explains “Sovereignty is inalienable” because while power may be transferred,
will, by its nature of being general cannot be transferred (Book II, Chapter 1). Furthermore, Sovereignty is
indivisible as it necessarily expresses the will of all of its members, on the contrary, the expression of
particular will may be at most the application of the laws set by acts of Sovereignty (Book II, Chapter 2).
Rousseau then argues that the General Will always tends to the common good, even though personal
deliberations may not express the General Will. If Citizens do not communicate or create factions, personal
differences will always result in the General Will (Book II, Chapter 3).
Each citizen has the right to pursue his personal interests, and the Sovereign may only intervene when
personal interests harm or hinder the common good, for instance, the Sovereign may intervene if the social
contract is broken, and may through General Will enact a death penalty (Book II, Chapter 4-5).
Rousseau then defines law, as an expression of the General Will, which never deals with particulars, but
always from the entire people to the entire people, although due to the people not knowing what is best for
them the need for a Legislator arises (Book II, Chapter 6). Rousseau describes the Legislator as a God-like
figure, who is not a citizen and possesses supreme intelligence and insight over the State (Book II, Chapter
7).
It is then necessary that: laws are set relatively early in the existence of a State, for the State to be of the right
size (nor too large nor too small), for there to be an appropriate ratio between the population and territory of
the State, for the State to be in peace and abundance, and for the legislation to have liberty and equality as its
main objectives. (Book II, Chapter 8-11).

In Book III Rousseau introduces the Government, which like people, has two causes directing its actions:
will, and power. Will, Rousseau has discussed in Books I and II, and in Book III he will discuss the executive
power of the Government enforcing the laws. The Government must be an intermediary body between the
members and the Sovereign and is responsible for the execution of the laws (Book III, Chapter 1). Rousseau
then asses that the Government must be relatively stronger to the number of citizens. Further, the more
strength the Government holds the more strength the Sovereign must hold to limit the Government (Book III,
Chapter 1).
Rousseau proceeds to distinguish between democracy, aristocracy, and monarchy, where respectively: all
people form the Government, some people form the Government, and one person forms the Government. No
Government is distinctly any of the above (simple), rather hybrid forms exist (mixed), Rousseau prefers
simple forms, however under mixed forms power is more balanced.
The wealth generated through the labour of the State’s citizens is also a factor: Monarchy suits wealthy
states, Aristocracy states of average wealth, and Democracy poor states. (Book III, Chapter 2-8).
Ultimately States tend to disintegrate due to the friction between Government and Sovereignty, either the
Government contracts (passing from Democracy to Aristocracy, or Aristocracy to Monarchy) or the State
dissolves (the Government usurps Sovereignty and the Citizens return to natural liberty). For a State to
preserve its health, Citizens should meet periodically in assemblies, the bigger the State more often the
assemblies should be scheduled (Book III, Chapter 10-12).

Rousseau opens Book IV, by adding to the characteristics of the General Will its indestructibility, while one
may evade the General Will, or detach his interest from the common good, the General Will stays
unchanged, even though it is not applied. The more unanimous opinions arise, the more dominant the
General Will is (Book IV, Chapter 1-2).
Rousseau suggests the implementation of a Tribunate, mediating between Sovereignty and Government,
however it should hold no legislative or executive power, the possibility for Dictatorship in cases of extreme
danger, a Censor to represent public opinion, and a Civil Religion which favors good citizenship, sanctity of
the Social Contract and of the Law (Book IV, Chapter 5-8).

References
Rousseau, J., Bertram, C., & Hoare, Q. (2012). Of the Social Contract and Other Political Writings.