The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
from the public enlightenment there results the union of
understanding and of will in the social body; and hence
the precise co-operation of the parts and the greatest
power {122} of the whole. Hence springs the necessity of
a legislator.” [1]
[1] _Contrat Social_, bk. II., ch. vi.
[2] There is a _prima facie_ contradiction in this rhetorical
antithesis; if all private individuals were enlightened, but
selfishly interested, there could be no public good will. The
contrast must lie between different classes of persons, if it is to
have a meaning.
In the following chapter [1] Rousseau touches the essence of laws and
institutions in a few words, which only embody a contradiction or a
miracle because he is thinking of the legislator’s work as a creation
accomplished at one blow.
“In order that a people at its birth should have the
capacity to appreciate the sound maxims of policy and
follow the fundamental rules of political reason, it
would be necessary for the effect to become the cause;
for the social spirit, which is meant to be the work of
the legislation, to preside over the legislation itself,
and for men to be, before laws are made, what they are
meant to become by their means.”
The legislator then, in face of this contradiction, must have
recourse to supernatural sanctions.
[1] _Contrat Social_, II. vii.
But the paradox precisely expresses the fact. Laws and institutions
are only possible because man _is_ already, what they gradually
make more and more explicit; because he has a general will, that
is, because the good which he presents to himself as his own is
necessarily in some degree a good which extends beyond himself, or
a common good. The criticism or interpretation which elicits the
general will or actual social spirit, by removal of contradictions,
and embodiment in permanent form, is essentially one with the work
which Rousseau ascribes to the legislator. And his paradox is removed
when we understand that the legislator is merely one of the organs of
the social spirit itself, as it carries out its self-criticism and
self-interpretation, in part by trial and error {123} and in part by
conscious insight and adjustment. The habits and institutions of any
community are, so to speak, the standing interpretation of all the
private wills which compose it, and it is thus possible to assign
to the General Will an actual and concrete meaning as something
different at once from every private will, and from the vote of any
given assembly, and yet as standing, on the whole, for what both the
one and the other necessarily aim at sustaining as the framework of
their life. It is needless to observe that such a representation
of the Real Will is imperfect, since every set of institutions is
an incomplete embodiment of life; and any given system of life is
itself also incomplete. It is more important to remember that, though
always incomplete, just as the system of sciences is an incomplete
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