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Law Makes Freedom Public

The Social Contract

This flow follows the argument that general laws allow citizens to live together as free equals, while particular commands and unequal burdens betray that purpose.

increasingupBearing stren­gth in each eventdowndecreasing
Justice Needs ConventionJustice Needs Convention from "The Social Contract". Justice Needs Convention Reason Without Enforcement Rousseau acknowledges universal justice, but argues that it is ineffective among people when obligations…
Justice Needs Convention Reason Without Enforcement Rousseau acknowledges universal justice, but argues that it is ineffective among people when obligations are not mutual and there are no common sanctions. Civil Framework Conventions and laws connect rights to duties. Political justice becomes effective through a shared system rather than private judgment alone.
Law Defined GenerallyLaw Defined Generally from "The Social Contract". Law Defined Generally Whole People, Whole People A law arises when the people legislates for the people as a whole.
Law Defined Generally Whole People, Whole People A law arises when the people legislates for the people as a whole. Both the will and its object must be general. Limits on Legislation Law can establish rules and classes, but cannot name particular beneficiaries or decide individual cases. Such decisions belong to administration, not sovereignty.
Equal Rules RequiredEqual Rules Required from "The Social Contract". Equal Rules Required Mutual Conditions Because citizens accept the same public conditions, an authentic sovereign act must bind or benefit them equally.
Equal Rules Required Mutual Conditions Because citizens accept the same public conditions, an authentic sovereign act must bind or benefit them equally. The common rule cannot single out a person as a special target. Boundary of Authority The Sovereign may not impose useless restraints or unequal charges. A particular burden ceases to be a genuinely general act.
Rights Within the CompactRights Within the Compact from "The Social Contract". Rights Within the Compact Exchange Rather Than Loss Rousseau argues that civil association trades precarious independence for security, civil liberty, and…
Rights Within the Compact Exchange Rather Than Loss Rousseau argues that civil association trades precarious independence for security, civil liberty, and rights sustained by the community. Freedom Through Law Citizens obey no private master when they submit only to common conventions. The legitimacy of law rests on its generality and common application.
Republic Governed by LawsRepublic Governed by Laws from "The Social Contract". Republic Governed by Laws A Broad Definition Rousseau calls any State governed by laws a Republic, whatever form its administration takes.
Republic Governed by Laws A Broad Definition Rousseau calls any State governed by laws a Republic, whatever form its administration takes. The decisive question is whether public interest and law guide the State. Government’s Proper Place Even monarchy can be republican in this sense if government serves rather than replaces the Sovereign. Form alone does not settle legitimacy.
Book II, Chapter VI, before the definition of law
Book II, Chapter VI, at the definition of law
Book II, Chapter IV, on the limits of sovereign power
Book II, Chapter IV, after the general limits are established
Book II, Chapter VI, at the chapter’s conclusion