The Social Contract- Setting up Rousseau's argument

(1) How has the issue of the fundamental problem come about? (Cohen) [5]

in the natural state men are free “man was born free” where “no man has a natural authority over his fellow”

however in ‘organised society’ which has developed as civilisation has developed people have authority over each other as social order has developed

Cohen writes that organised society is “marked by profound differences of power and liberty” which Rousseau aims to solve through proposing “a free community of equals” through his social contract”

However even though it does comprise liberty, Rousseau acknowledges the need for organisation (law) of society “social order is a sacred right”

Therefore the social contract is needed to ensure authority (the law is legitimate)

(2) Why is the resolution of this problem important for Rousseau? [1]

Rousseau views moral liberty as incredibly valuable / necessary for humanity (much like Mill for example values individuality)

“to renounce one’s freedom is to renounce one’s quality as a man, the rights of humanity, and even its duties” SC

what is the fundamental problem? [1]

“the essence of the political body” is the “concurrence of obedience and freedom” SC

authority only legitimate when these two coexist

we need states (social order and law) to get security but the authority needed for this is only legitimate if liberty is not compromised

what does Rousseau propose? [1]

“an association that will, with the whole common force, defend and protect the person and goods of each associate, and through each individual, while uniting with all, will nevertheless obey himself and remain as free as before”

People are self-governed because the people make the laws themselves according to the general will

How does Rousseau aim to preserve liberty? What is the general will, what is the sovereign and how does this protect liberty?

• the general will is the rule by the will of all for the shared common good

• rule by the active sovereign rather than the passive state

• Sovereign= all the people as a collective rather than individual authority

• the active sovereign contributes to forming the SC (laws) which ensure the people are governed but he general will

• it ensures people are citizens rather than subjects of an authority because they are governed by their own will