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J. J.Rousseau (1712-78); developed a social contract theory (Contrat Social). Man according to Rousseau is good and sympathetic; the state of nature is a period of idyllic happiness men being free and equal. Soon with the introduction of private property and growth of population conflict begin and man is compelled to give up natural rights and find a form of association that protects [personal property and that of associates. The problem is solved through the a contractual creation of a civil society in which everyone surrender their rights to the community and not the government. The community becomes sovereign. Individual surrender individual will and subscribe the general will of the community.
The law becomes the expression of the general will and came made only in an assembly of the whole people.
Sovereignty can never be alienated, represented or divided. The government is never the same as the sovereign. The government executes the law in accordance to the sovereign and the sovereign legislates.
The importance of Rousseau political thought is that it served as a basis for democracy and justification of revolutions against arbitrary rule. The Declaration of the rights of Man of 1789 was taken from Rousseau political thoughts.
To argue that the general will always be the good of the community is not always guaranteed
The contract theory seems untenable because societies rested not contract but status. The command of the law of status did not rest on voluntarism, mutualism. “He who is born slave, let him remain a slave, the artisan, an artisan, the priest a priest”
The theory in practice supports anarchy. The state and its institutions are products of individual will and therefore may not have sufficient authority when they contradict individual will.
It assumes that men in the state of nature are equal; inequality rather equality is natural. The theory is important because it brought out the idea that civil society rests not on the ruler but on the governed -a contributory factor to democracy.
Titany answered the question on August 27, 2021 at 05:58
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