Rousseau Flashcards
SC 1.1 (intro)
Pref.: “I want to inquire whether in the civil order there can be a legitimate and dependable rule of administration, taking men as they are and the laws as they can be”
“Man is born free, and everywhere he is in chains. One believes himself the others’ master, and yet is more a slave than they. How did this change come about? I do not know. What can make it legitimate? I believe I can solve this question.”
If I took into account only the effects of force, I should say: “When a people is compelled to obey, and obeys, it does well; but when it can shake off the yoke, and shakes it off, it does still better.” “But the social order is a sacred right that serves as the basis for all the others. Yet this right does not come from nature; it is therefore founded on conventions.
SC 1.2 (the first societies, slavery)
Family as the first, and only natural, model of political societies. There too “all, being born free and equal, they alienate their liberty only for their own advantage”
[Hobbes, Grotius, and Caligula], and Aristotle before them, say that men are not equal naturally; some are born for slavery, and others for dominion. Aristotle was right; but he took the effect for the cause. Nothing can be more certain than that slaves lose everything in their chains, even the will to escape from them.
“Hence, if there are slaves by nature, it is because there were slaves contrary to nature. Force made the first slaves, their cowardice perpetuated them”
SC 1.3-4 (the right of the stronger, slavery)
1.3: “The stronger is never strong enough to be forever master unless he transforms his force into right and obedience into duty”
On ideas about ‘the right of the strongest’: “But what is a right that perishes when force ceases?” Nothing- this is just force.
1.4: “Since no man has a natural authority over his fellow-man [semblable], and since force does not make right, conventions remain as the basis of all legitimate authority among men.”
Could a whole people make itself subject to a king, just as an individual can alienate their liberty? Even if a man could alienate himself, he could not alienate his children.
Moreover, there could be no contract which sold a person into slavery- “To renounce one’s freedom is to renounce one’s quality as a man, the rights of humanity, even its duties. There can be no possible compensation for someone who renounces everything.”
There is no right of conquest that legitimates taking slaves- one can only kill those that bear arms against one, so long as they bear arms. And who one has no right to kill one has no right to take as a slave.
SC 1.5-6 (the need for a first convention, and the social contract)
1.5 Even if R’s arguments so far were false, despots would be no better off- “There will always be a great difference between subjugating a multitude and ruling a society”. Scattered individuals ruled by one man is not a society, and will not stay together after his death.
“Hence before examining the act by which a people elects a king, it would be well to examine the act by which a people is a people.”
“The law of majority rule is itself established by convention and presupposes unanimity at least once.”
1.6 The problem then is “To find a form of association that will defend and protect the person and the goods of each associate with the full common force, and by means of which each, uniting with all, nevertheless obey only himself and remain as free as before.”
“These clauses, rightly understood, all come down to just one, namely the total alienation of each associate with all of his rights to the whole community: For, in the first place, since each gives himself entirely, the condition is [361] equal for all, and since the condition is equal for all, no one has an interest in making it burdensome to the rest”
Such an association creates a moral and collective body, composed of as many members as the people assembled.
SC 1.7-8 (the sovereign, and the civil state)
1.7 IN making this contract, each member, as part of the Sovereign Power, is bound to all the individuals. The sovereign, being the individuals that compose it, doesn’t and can’t have any interest separate to them.
But each individual may yet have a particular interest distinct from the common interest, and where they conflict this could be the undoing of the body politic.
Thus whoever refuses to obey the GW will be constrained to do so by the entire body- he will “be forced to be free”
1.8 “This transition from the state of nature to the civil state produces a most remarkable change in man by substituting justice for instinct [esp appetite] in his conduct, and endowing his actions with the morality they previously lacked. […] Although in this state he deprives himself of several advantages he has from nature, he gains such great advantages in return, his faculties are exercised and developed, his ideas enlarged, his sentiments ennobled, his entire soul is elevated to such an extent, that if the abuses of this new condition did not often degrade him to beneath the condition he has left, he should ceaselessly bless the happy moment that wrested him from it forever”
Man gives up natural freedom for civil freedom and “property in everything he possesses”. He also gains moral freedom, as “obedience to the law one has prescribed to oneself”.
SC 1.9 (real property)
“Every man naturally has the right to everything he needs”- he must limit himself to this and therefore respect not so much what is another’s as what is not one’s own.
To establish right of first occupation over land it is necessary, that the land be not inhabited; that the occupier take only what he needs; and that possession be taken by actual labour and cultivation, rather than vain ceremony (thus the Catholic king could not take possession from his apartment of the whole universe, minus what others own)
SC 2.1-2 (That sovereignty is inalienable, and indivisible)
I hold then, that Sovereignty, being the exercise of the General Will, can never be alienated, and that the Sovereign, who is actually a collective being, cannot be represented except by himself.
This does not mean that the commands of the rulers cannot pass for General Wills, so long as the Sovereign offers no opposition.
2.2. Contra the separation of powers: he compares this to Japanese conjurers dismembering a body and sewing it back together. The General Will, the will of the body of the people, is an act of Sovereignty and constitutes law, while the will of only a part is merely an act of magistracy, at most a decree.
SC 2.3-4 (whether the GW can err, the limits of sovereign power))
2.3 The General Will is always right and tends to the public advantage; but it does not follow that the deliberations of the people are always correct.
The ‘General Will’ considers only the common interest, while the ‘Will of All’ takes private interest into account, and is no more than a sum of individual wills; but take away from these same wills the conflicting desires that cancel one another, and the General Will remains as the sum of the differences.
It is therefore essential, if the General Will is to express itself, that there should be no partial factions within the State.
2.4 EACH man alienates, by the Social Contract, only such of his powers, goods and liberty as it is important for the community to control; but the Sovereign, under the direction of the General Will, is sole judge of what is important.
Why, then, is it that the General Will is always in the right? Because every man thinks of “each” as meaning him, and considers himself when voting for all- this is how acts of sovereignty bind all citizens equally.
Since we are discussing a convention of the body with every one of its members, the SC doesn’t involve any real renunciation by individuals.
SC 2.5 (the right of life and death)
Every man has a right to risk his life in order to preserve it (e.g. to jump out a window to escape a fire isn’t to be guilty of suicide). This is how individuals, who have no right to kill themselves, can transfer such a right to the sovereign.
The prince is the judge of when his death is necessary: When a Prince says “The State requires that you die,” he ought to die
Yet there is not a single ill-doer who could not be turned to some good. The State has no right to put to death, even for the sake of making an example, any one whom it can leave alive without danger.
SC 2.6 (the laws)
Laws must be general, not picking out particular people or ascertaining who belongs to which class.
Thus laws are acts of the GW, and so cannot be unjust- for no one is unjust to oneself.
“I therefore call Republic any State ruled by laws, whatever may be the form of administration: for then the public interest alone governs”
How can an ignorant public make laws? For this we need the lawgiver, so that they can see things aright.
SC 2.7 (the first legislator)
“It would take gods to give men laws.” He who dares to undertake the making anew of a people’s institutions must, in a word, take away men’s own resources and give them fresh ones; so that when each citizen can do nothing without the rest
Wise men cannot possibly make themselves understood by the common herd. There are conceptions too general and objects too remote for popular language. Legislators may, then, claim divine backing. We should not conclude that politics and religion have the same purpose, but that, when nations arise, the one is used as an instrument for the other.
SC 2.8-10 (the people)
Qualities needed for the people: not too much wealth, as such would get in the way of equality. Customs must not have become inveterate (so that the people are like barbarians).
The state must not be too small or large. It must be large enough for self-maintenance. But the people has little affection for rulers it never sees, for a homeland which seems as big as the world, and for fellow-citizens who are mostly strangers. Talent is buried, leaders are overwhelmed, and the State comes to be governed by clerks.
SC 2.11-12 (the various systems of law, the various forms of law)
IF we ask what great good should be the end of legislation, we shall answer liberty and equality.
By equality, we should understand, not that power and riches are to be identical for everybody; but that power shall be exercised by virtue of rank and law, and never be great enough for violence, that no citizen shall ever be wealthy enough to buy another, nor any poor enough to be forced to sell himself:
every good legislative system need modifying to local situations. If, for instance, the soil is unproductive, or the land crowded, the people should turn to crafts
Distinction between political, civil, and criminal law (actions of the body politic on itself, of the members one to another, or of disobedience to penalty respectively)
A fourth kind of law: the moral law, which is given in the hearts of the citizens, and on which everything else depends.
SC 3.1-2 (govt in general, and magistrates)
EVERY free action is produced by two causes; one of moral will and the other physical. When I walk towards an object, it is first necessary that I should will to go there, and, second, that my feet carry me there. The Body Politic has the same two motive powers; legislative power being the will and executive power the force.
Govt is an intermediate body set up between the people and sovereign. It exists only through the sovereign.
3.2 Magistrates ought to have zero individual will and minimal will according to the corporate interests of the magistrates, so that the sovereign will dominates.
Govts become weaker the more people compose it- so as the state gets larger, the govt should get smaller.
SC 3.3-4 (the division of govts, democracy)
The sovereign can choose to create a democracy, aristocracy, or monarchy, for its govt. Each is in some cases the best, and in others the worst- democracy is better suited to small states; monarchy to great ones, with exceptions.
3.4 Strictly, there never has been a real democracy, and never will be. It is against nature for the many to govern the few, and it is unimaginable that the whole people should be forever assembled to consider public affairs.
A true democratic government requires a very small, simple, State, where the people can readily be got together, where each citizen can know all the rest, and where there are few inequalities
Were there a nation of gods, their government would be democratic. Such perfect government is not for men.