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Jean-Jacques Rousseau (1712-1778)
Main work: „Of the Social Contract, or Principles of Political Rright” (1762)
Excerpts of the above treatise:
Issues: This is the most famous line from” Of the Social Contract…” where natural equality and liberty of humankind is contrasted with the actual and almost universal inequality and lack of freedom.
“Man is born free; and everywhere he is in chains.” […] “But the social order is a sacred right which is the basis of all other rights. Nevertheless, this right does not come from nature, and must therefore be founded on conventions.”
Issues: Family serves as a model for “the first societies”. Does family render a proper metaphor for a political community?
“THE most ancient of all societies, and the only one that is natural, is the family: and even so the children remain attached to the father only so long as they need him for their preservation. As soon as this need ceases, the natural bond is dissolved. The children, released from the obedience they owed to the father, and the father, released from the care he owed his children, return equally to independence. If they remain united, they continue so no longer naturally, but voluntarily; and the family itself is then maintained only by convention.
This common liberty results from the nature of man. His first law is to provide for his own preservation, his first cares are those which he owes to himself; and, as soon as he reaches years of discretion, he is the sole judge of the proper means of preserving himself, and consequently becomes his own master.
The family then may be called the first model of political societies: the ruler corresponds to the father, and the people to the children; and all, being born free and equal, alienate their liberty only for their own advantage. The whole difference is that, in the family, the love of the father for his children repays him for the care he takes of them, while, in the State, the pleasure of commanding takes the place of the love which the chief cannot have for the peoples under him.”
Issues: Slavery is unnatural, might does not make right.
“Nothing can be more certain than that every man born in slavery is born for slavery. Slaves lose everything in their chains, even the desire of escaping from them: they love their servitude (…). If then there are slaves by nature, it is because there have been slaves against nature. Force made the first slaves, and their cowardice perpetuated the condition.” […] “THE strongest is never strong enough to be always the master, unless he transforms strength into right, and obedience into duty.”
“Let us then admit that force does not create right, and that we are obliged to obey only legitimate powers. In that case, my original question recurs.”
Issues: Rousseau argues why people cannot voluntarily “alienate” their rights in favor of a despotic government
“SINCE no man has a natural authority over his fellow, and force creates no right, we must conclude that conventions form the basis of all legitimate authority among men.
If an individual, says Grotius, can alienate his liberty and make himself the slave of a master, why could not a whole people do the same and make itself subject to a king? There are in this passage plenty of ambiguous words which would need explaining; but let us confine ourselves to the word alienate. To alienate is to give or to sell. Now, a man who becomes the slave of another does not give himself; he sells himself, at the least for his subsistence: but for what does a people sell itself?”
“Even if each man could alienate himself, he could not alienate his children: they are born men and free; their liberty belongs to them, and no one but they has the right to dispose of it. Before they come to years of discretion, the father can, in their name, lay down conditions for their preservation and well-being, but he cannot give them irrevocably and without conditions: such a gift is contrary to the ends of nature, and exceeds the rights of paternity. It would therefore be necessary, in order to legitimise an arbitrary government, that in every generation the people should be in a position to accept or reject it; but, were this so, the government would be no longer arbitrary”.
Issues: Social contract and its dilemma: how to pledge obedience to the “general will” and yet to remain free?
“But, as men cannot engender new forces, but only unite and direct existing ones, they have no other means of preserving themselves than the formation, by aggregation, of a sum of forces great enough to overcome the resistance. These they have to bring into play by means of a single motive power, and cause to act in concert.
This sum of forces can arise only where several persons come together: but, as the force and liberty of each man are the chief instruments of his self-preservation, how can he pledge them without harming his own interests, and neglecting the care he owes to himself? This difficulty, in its bearing on my present subject, may be stated in the following terms:
"The problem is to find a form of association which will defend and protect with the whole common force the person and goods of each associate, and in which each, while uniting himself with all, may still obey himself alone, and remain as free as before." This is the fundamental problem of which the Social Contract provides the solution.” […]
“If then we discard from the social compact what is not of its essence, we shall find that it reduces itself to the following terms: Each of us puts his person and all his power in common under the supreme direction of the general will, and, in our corporate capacity, we receive each member as an indivisible part of the whole."
Issues: Obedience to the “General Will” Rousseau argues that freedom and authority are not contradictory. Legitimate laws are founded on the general will of the citizens. In obeying the law, the citizen is therefore only obeying himself as a member of the political community
“ In order then that the social compact may not be an empty formula, it tacitly includes the undertaking, which alone can give force to the rest, that whoever refuses to obey the general will shall be compelled to do so by the whole body. This means nothing less than that he will be forced to be free; for this is the condition which, by giving each citizen to his country, secures him against all personal dependence.”
The phrase, "general will" as Rousseau used it, occurs in Article Six of the “Declaration of the Rights of Man and the Citizen composed in 1789 during the French Revolution: “The law is the expression of the general will. All citizens have the right to contribute personally, or through their representatives, to its formation. It must be the same for all, whether it protects or punishes. All citizens, being equal in its eyes, are equally admissible to all public dignities, positions, and employments, according to their capacities, and without any other distinction than that of their virtues and their talents.”
Issues: Two essential features of Rousseau’s constitutionalism: Sovereignty is both (a)“inalienable” and (b)“indivisible”
Ad.(a) “THE first and most important deduction from the principles we have so far laid down is that the general will alone can direct the State according to the object for which it was instituted, i.e., the common good: for if the clashing of particular interests made the establishment of societies necessary, the agreement of these very interests made it possible.” […] “I hold then that Sovereignty, being nothing less than the exercise of the general will, can never be alienated, and that the Sovereign, who is no less than a collective being, cannot be represented except by himself: the power indeed may be transmitted, but not the will.”
Ad.(b) “Sovereignty, for the same reason as makes it inalienable, is indivisible; for will either is, or is not, general; it is the will either of the body of the people, or only of a part of it. In the first case, the will, when declared, is an act of Sovereignty and constitutes law: in the second, it is merely a particular will, or act of magistracy — at the most a decree.
But our political theorists, unable to divide Sovereignty in principle, divide it according to its object: into force and will; into legislative power and executive power; into rights of taxation, justice and war; into internal administration and power of foreign treaty. Sometimes they confuse all these sections, and sometimes they distinguish them; they turn the Sovereign into a fantastic being composed of several connected pieces: it is as if they were making man of several bodies, one with eyes, one with arms, another with feet, and each with nothing besides.”
Rousseau’s thoughts on the relationship between the state and the church presented in a chapter entitled “On Civil Religion”
Issues: Very much like Machiavelli, Rousseau is nostalgic after the pagan politics arrangement when religious cults were state supportive.
“If it is asked how in pagan times, where each State had its cult and its gods, there were no wars of religion, I answer that it was precisely because each State, having its own cult as well as its own government, made no distinction between its gods and its laws. Political war was also theological; the provinces of the gods were, so to speak, fixed by the boundaries of nations. The god of one people had no right over another. The gods of the pagans were not jealous gods; they shared among themselves the empire of the world(…).”
Issues: Rousseau seems to agree with the ancient Romans condemning Christianity as the anti-political religion.
“It was in these circumstances that Jesus came to set up on earth a spiritual kingdom, which, by separating the theological from the political system, made the State no longer one, and brought about the internal divisions which have never ceased to trouble Christian peoples. As the new idea of a kingdom of the other world could never have occurred to pagans, they always looked on the Christians as really rebels, who, while feigning to submit, were only waiting for the chance to make themselves independent and their masters, and to usurp by guile the authority they pretended in their weakness to respect. This was the cause of the persecutions. What the pagans had feared took place. Then everything changed its aspect: the humble Christians changed their language, and soon this so-called kingdom of the other world turned, under a visible leader, into the most violent of earthly despotisms.”
Issues: Two types of religion are contrasted here: “the religion of man” that is purely spiritual and “the religion of the citizen”. The latter is always “codified in a single country” and represents a specific, nationalist “idiom” that helps to sanctify local institutions of public life.
“Religion, considered in relation to society, which is either general or particular, may also be divided into two kinds: the religion of man, and that of the citizen. The first, which has neither temples, nor altars, nor rites, and is confined to the purely internal cult of the supreme God and the eternal obligations of morality, is the religion of the Gospel pure and simple, the true theism, what may be called natural divine right or law. The other, which is codified in a single country, gives it its gods, its own tutelary patrons; it has its dogmas, its rites, and its external cult prescribed by law; outside the single nation that follows it, all the world is in its sight infidel, foreign and barbarous; the duties and rights of man extend for it only as far as its own altars. Of this kind were all the religions of early peoples, which we may define as civil or positive divine right or law.”
Issues: A continuation of Rousseau’s arguments that Christian and political values are mutually exclusive and contradictory.
“Christianity as a religion is entirely spiritual, occupied solely with heavenly things; the country of the Christian is not of this world. He does his duty, indeed, but does it with profound indifference to the good or ill success of his cares. Provided he has nothing to reproach himself with, it matters little to him whether things go well or ill here on earth. If the State is prosperous, he hardly dares to share in the public happiness, for fear he may grow proud of his country's glory; if the State is languishing, he blesses the hand of God that is hard upon His people.”
“But I am mistaken in speaking of a Christian republic; the terms are mutually exclusive. Christianity preaches only servitude and dependence. Its spirit is so favourable to tyranny that it always profits by such a régime. True Christians are made to be slaves, and they know it and do not much mind: this short life counts for too little in their eyes.”
Issues: How to make people at the same time religious and civic-minded? Rousseau argues that simple dogmas of the so called “civil religion” consolidate a political community, provide a depth of national identity and discourage uncivil acts of religious intolerance
“The dogmas of civil religion ought to be few, simple, and exactly worded, without explanation or commentary. The existence of a mighty, intelligent and beneficent Divinity, possessed of foresight and providence, the life to come, the happiness of the just, the punishment of the wicked, the sanctity of the social contract and the laws: these are its positive dogmas. Its negative dogmas I confine to one, intolerance, which is a part of the cults we have rejected.
Those who distinguish civil from theological intolerance are, to my mind, mistaken. The two forms are inseparable. It is impossible to live at peace with those we regard as damned; to love them would be to hate God who punishes them: we positively must either reclaim or torment them. Wherever theological intolerance is admitted, it must inevitably have some civil effect; and as soon as it has such an effect, the Sovereign is no longer Sovereign even in the temporal sphere: thenceforce priests are the real masters, and kings only their ministers.
Now that there is and can be no longer an exclusive national religion, tolerance should be given to all religions that tolerate others, so long as their dogmas contain nothing contrary to the duties of citizenship. But whoever dares to say: Outside the Church is no salvation, ought to be driven from the State, unless the State is the Church, and the prince the pontiff. Such a dogma is good only in a theocratic government; in any other, it is fatal.”
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