Keith Mack
The Social Contract and The Spirit of Law are two works of political philosophy that have had a profound impact on political thought and governance. The Social Contract, written by Jean-Jacques Rousseau and published in 1762, argues that legitimate authority must be compatible with individual freedom and that the only true social contract is one that establishes the people as the rulers. On the other hand, The Spirit of Law, authored by Montesquieu and first published anonymously in 1748, is a treatise on political theory and comparative law. Montesquieu's work emphasizes the importance of political institutions reflecting the social and geographical aspects of a community and advocates for a constitutional system with a separation of powers to preserve political liberty. Both works have influenced notable figures and events, with Rousseau's ideas inspiring political reforms and revolutions in Europe, and Montesquieu's writings shaping the thinking of figures such as Catherine the Great and the Founding Fathers of the United States Constitution.
| Characteristics | Values |
|---|---|
| Author | Jean-Jacques Rousseau |
| Date of Publication | 1762 |
| Original Title | Du contrat social ou Principes du droit politique |
| Other Titles | A Treatise on the Social Compact: Or, The Principles of Political Law, Du contrat social, Du Contrat social |
| Theme | Social contract theory |
| First Sentence | "Man is born free, and everywhere he is in chains" |
| Central Argument | Only the general will of the people has the right to legislate; legitimate authority must be compatible with individual freedom |
| Influence | Inspired political reforms and revolutions in Europe, especially France; influenced Immanuel Kant, Noah Webster, Maximilien Robespierre, and others |
| Criticism | Voltaire; Jesuit Alfonso Muzzarelli |
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What You'll Learn
Jean-Jacques Rousseau's 'The Social Contract'
Jean-Jacques Rousseau's "The Social Contract" is a 1762 treatise that outlines the foundations of society based on the sovereignty of the "general will". Rousseau's political theory differs significantly from that of his contemporaries, such as Locke and Hobbes.
Rousseau's "The Social Contract" argues that legitimate authority must be compatible with individual freedom. This compatibility can only be achieved through the consent of the governed, giving rise to a social contract. Rousseau's conception of the social contract differs from previous thinkers such as Grotius, Hobbes, and Pufendorf. Rousseau asserts that as freedom is an inalienable right, people cannot obligate themselves to obey someone other than themselves. Therefore, transferring rights to an authority involves the renunciation of freedom and the submission to the authority. Thus, the only legitimate social contract is one that establishes the people as the rulers.
Rousseau refers to the collective will of the people as the "general will". The general will, to be truly representative, must only legislate laws that apply equally to all. This legislature, according to Rousseau, should consist of all adult members of the political community, who are restricted to creating general laws for the common good. Rousseau's notion of the general will has been subject to much interpretive controversy, with critics like Voltaire mocking and criticising his work.
Rousseau's "The Social Contract" also argues against the divine right of monarchs to rule, stating that only the general will of the people has the right to legislate. This means that for people to be truly free, they must obey only themselves. Rousseau's ideas influenced political reforms and revolutions in Europe, particularly in France, and contributed to the development of Socialist theory.
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Rousseau's theory of the 'General Will'
Jean-Jacques Rousseau, an 18th-century Genevan philosopher, is famous for popularising the term "general will" in his political philosophy. The concept of the general will is central to Rousseau's theory of political legitimacy.
Rousseau's notion of the general will emerged from a critique of Denis Diderot, who held a universal conception of the general will. In contrast, Rousseau's conception is political. For Rousseau, the general will is not an abstract ideal, but the will actually held by the people in their capacity as citizens. To partake in the general will, according to Rousseau, is to reflect upon and vote on the basis of one's sense of justice.
The general will, according to Rousseau, is intrinsically right. It reflects the rational interest of the individual as a citizen, as well as that of the people as a whole. It is not purely rational, however, as it also emerges from an attachment or love for one's political community. Rousseau believed that all people are capable of taking the moral standpoint of aiming at the common good, and that if they did so, they would reach a unanimous decision. Thus, in an ideal state, laws express the general will.
Rousseau distinguished the general will from the particular and often contradictory wills of individuals and groups. He argued that freedom and authority are not contradictory, as legitimate laws are founded on the general will of the citizens. By obeying the law, the individual citizen is obeying themselves as a member of the political community.
Rousseau's abstract conception of the general will raises some difficult questions. Firstly, how can we know that the will of all is truly equivalent to the common good? Secondly, assuming that the general will can be expressed in laws, what institutions can accurately gauge and codify the general will at any given time? Rousseau attempted to answer these questions in his work, "The Social Contract".
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The 'State of Nature'
Jean-Jacques Rousseau's 1762 book, *The Social Contract*, outlines a different version of social-contract theory, with foundations in the sovereignty of the "general will". Rousseau's political theory differs from those of his contemporaries, Locke and Hobbes.
The "state of nature" is an important concept in understanding the social contract. It refers to the real or hypothetical condition of human beings before or without political association. The idea was first developed by the early Warring States philosopher Mozi, who used it to defend the need for a single overall ruler. Mozi argued that in the state of nature, each person has their own moral rules, which made it impossible to reach agreements and led to a waste of resources.
Thomas Hobbes, an English philosopher, also conceptualised the state of nature as a place of constant and violent competition, which he famously described as the "war of every man against every man". In this state, each individual has a natural right to everything, regardless of the interests of others. The only laws that exist are not covenants forged between people but principles based on self-preservation. Hobbes believed that the state of nature exists at all times among independent countries, over whom there is no law except for the laws of nature.
In contrast, Rousseau's conception of the state of nature is more positive. He argues that in the state of nature, human beings would first think to preserve their lives. They would feel themselves to be impotent and weak, and therefore would not be likely to attack each other. Eventually, humans would unite to create society, which would then lead to a state of war amongst societies.
The social contract allows individuals to leave the state of nature and enter civil society. According to Hobbes, individuals agree to relinquish their natural rights and transfer their self-sovereignty to a higher civil authority or Leviathan. Similarly, Rousseau argues that individuals consent to surrender some of their freedoms and submit to the authority of a ruler or the decision of a majority. However, Rousseau's conception of the social contract is that the only legitimate one is where the people themselves are the rulers.
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The 'Sovereign'
Jean-Jacques Rousseau, a Swiss-born French philosopher, wrote 'The Social Contract' (French: 'Du contrat social ou Principes du droit politique), a book published in 1762. Rousseau's work is a treatise on political philosophy, outlining his version of social-contract theory.
Rousseau's conception of the social contract differs from that of earlier thinkers such as Grotius, Hobbes, and Pufendorf. For Rousseau, as individuals have an inalienable right to freedom, they cannot obligate themselves to obey someone other than themselves. Transferring rights to an authority involves renouncing freedom and turning the natural equality of men into subjection. Thus, the only legitimate social contract is one that establishes the people as the rulers.
Rousseau refers to the united will of the people as the 'general will'. According to Rousseau, the 'general will' must only legislate general laws, i.e., laws that apply equally to all. The 'general will' is subject to interpretive controversy, but it seems to involve a legislature consisting of all adult members of the political community, who are restricted to creating general laws for the common good.
Rousseau's 'The Social Contract' helped inspire political reforms and revolutions in Europe, especially in France. It argued against the idea that monarchs were divinely empowered to rule. Rousseau asserts that only the 'general will' of the people has the right to legislate, for only under the 'general will' can the people be said to obey only themselves and, therefore, be free.
Now, moving on to 'The Spirit of Law', it was written by Montesquieu and is the French title is 'De l'esprit des lois'. It is a treatise on political theory and a pioneering work in comparative law, published anonymously in 1748. Montesquieu's work covers a range of topics, including law, social life, and anthropology. He argues that political institutions need to reflect the social and geographical aspects of the community they govern. Montesquieu also emphasizes the importance of a constitutional system of government with a separation of powers, the preservation of legality, and civil liberties.
One of the major themes in 'The Spirit of Law' is political liberty and how to preserve it. Montesquieu defines "political liberty" as what might be called "personal security" today, particularly when provided through a system of dependable and moderate laws. He distinguishes this view from two other perspectives: the idea that liberty is collective self-government (liberty and democracy are the same), and the notion that liberty is the ability to do whatever one wants without constraint. According to Montesquieu, these latter two views are not genuine political liberty and can even be hostile to it.
In summary, both Rousseau's 'The Social Contract' and Montesquieu's 'The Spirit of Law' are significant contributions to political philosophy, offering insights into social contract theory and the nature of political liberty, respectively.
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'The Spirit of Law' and political liberty
Jean-Jacques Rousseau's 1762 book, *The Social Contract*, is a treatise on political philosophy that outlines a version of social-contract theory. Rousseau's theory differs from those of his contemporaries, such as Locke and Hobbes, in its collectivist conception. Rousseau asserts that legitimate authority must be compatible with individual freedom, and that such authority can only be established if it is consented to by the people. In other words, the people themselves are the rulers, and their united will is the "general will".
The "general will" must only legislate laws with general form, i.e. laws that apply equally to all. According to Rousseau, the notion of the "general will" is that only the general will of the people has the right to legislate, and under this will, the people can be said to obey only themselves and hence be free.
The Spirit of Law, also known as The Spirit of the Laws, is a treatise on political theory and a pioneering work in comparative law by Montesquieu, published in 1748. Montesquieu's treatise covers a wide range of topics, including law, social life, and anthropology. He reflects on the influence of climate on society, the separation of political powers, and the need for checks on a powerful executive office. Montesquieu argues that political institutions need to reflect the social and geographical aspects of the particular community. He advocates for a constitutional system of government with a separation of powers, the preservation of legality, and civil liberties.
A major theme in *The Spirit of Law* is political liberty and the best means of preserving it. Montesquieu defines "political liberty" as personal security, especially as provided through a system of dependable and moderate laws. He argues against slavery and for the freedom of thought, speech, and assembly. Montesquieu also emphasizes the importance of the appropriate framing of civil and criminal laws to ensure political liberty, including the rights to robust procedural due process, such as the right to a fair trial and the presumption of innocence.
Both Rousseau and Montesquieu's works have had a significant influence on political thought and the development of democratic ideals. Rousseau's *The Social Contract* helped inspire political reforms and revolutions in Europe, particularly in France, by challenging the idea of divine monarchical rule. Montesquieu's *The Spirit of Law* influenced the work of many notable figures, including Catherine the Great, the Founding Fathers of the United States Constitution, and Alexis de Tocqueville.
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Frequently asked questions
Jean-Jacques Rousseau wrote 'The Social Contract' in 1762.
'The Social Contract' is a treatise on political philosophy. Rousseau argues that legitimate authority must be compatible with individual freedom. He asserts that only the general will of the people has the right to legislate, and that people are born free but are "everywhere in chains".
Montesquieu wrote 'The Spirit of Law' in 1748. It is a treatise on political theory and a pioneering work in comparative law. Montesquieu argues that political institutions need to reflect the social and geographical aspects of the community in which they exist.
