The social contract & discoursesRousseau, Jean-Jacques
Philosophy
The social contract & discourses
Rousseau, Jean-Jacques
Economics; Political science -- Early works to 1800; Social contract
When I say that the object of laws is always general, I mean that
law considers subjects _en masse_ and actions in the abstract, and
never a particular person or action. Thus the law may indeed decree
that there shall be privileges, but cannot confer them on anybody by
name. It may set up several classes of citizens, and even lay down
the qualifications for membership of these classes, but it cannot
nominate such and such persons as belonging to them; it may establish a
monarchical government and hereditary succession, but it cannot choose
a king, or nominate a royal family. In a word, no function which has a
particular object belongs to the legislative power.
On this view, we at once see that it can no longer be asked whose
business it is to make laws, since they are acts of the general will:
nor whether the prince is above the law, since he is a member of the
State; nor whether the law can be unjust, since no one is unjust to
himself; nor how we can be both free and subject to the laws since they
are but registers of our wills.
We see further that, as the law unites universality of will with
universality of object, what a man, whoever he be, commands of his
own motion cannot be a law; and even what the Sovereign commands with
regard to a particular matter is no nearer being a law, but is a
decree, an act, not of sovereignty, but of magistracy.
I therefore give the name 'Republic' to every State that is governed by
laws, no matter what the form of its administration may be: for only
in such a case does the public interest govern, and the _res publica_
rank as a _reality_. Every legitimate government is republican;[1] what
government is I will explain later on.
Public-domain text, read in full here on John Shaqi.
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