The social contract & discourses — Jean-Jacques Rousseau — John Shaqi
The social contract & discourses
Jean-Jacques Rousseau · en
The point in Rousseau's theory of Sovereignty that offers most
difficulty is his view (Book II, chap, vii) that, for every State,
a _Legislator_ is necessary. We shall understand the section only
by realising that the legislator is, in fact, in Rousseau's system,
the spirit of institutions personified; his place, in a developed
society, is taken by the whole complex of social custom, organisation
and tradition that has grown up with the State. This is made clearer
by the fact that the legislator is not to exercise legislative power;
he is merely to submit his suggestions for popular approval. Thus
Rousseau recognises that, in the case of institutions and traditions as
elsewhere, will, and not force, is the basis of the State.
This may be seen in his treatment of law as a whole (Book II, chap,
vi), which deserves very careful attention. He defines laws as "acts
of the general will," and, agreeing with Montesquieu in making law the
"condition of civil association," goes beyond him only in tracing it
more definitely to its origin in an act of will. The Social Contract
renders law necessary, and at the same time makes it quite clear that
laws can proceed only from the body of citizens who have constituted
the State. "Doubtless," says Rousseau, "there is a universal justice
emanating from reason alone; but this justice, to be admitted among us,
must be mutual. Humbly speaking, in default of natural sanctions, the
laws of justice are ineffective among men." Of the law which set up
among men this reign of mutual justice the General Will is the source.