o Rousseau asks the question of what is the agreement that citizen made with society to govern themselves Chapter 2: Of the First Societies o Family is the first social group, the most natural one The bond of a family comes from need o Once need is gone then the child does not owe obedience to the father and the father does not need to care for the child These two individuals become independent o If these two continue to be untied then it is done through agreement because the need is not there o Compares the family structure to a politic body o Grotius states that human authority is not for the benefit for the govern Slavery as an example o Rousseau states that men are all free but a slave that is born from a slave shall become one Slaves lose everything with it is their desire to escape Slaves love their servitude Force created slavery but their cowardice moved the generation Chapter 3: On the Right of the Strongest o Critiquing Hobbes: The strong cannot be masters all the time unless force turns into right and obedience into duty o Hobbes presented the right of the strongest as a basic principle but force which the strong use is an act of physical power and does not deal with morality Hence those who follow because of force do so because they are acting prudent and out of necessity, check with Locke o Rousseau states that if being strong produces right then the populace does not have a duty to obey because if only they become stronger then they can disobey o Conclusion, one should only obey legitimate powers Force does not give rise to dominant or to rule over others Chapter 4: On Slavery o Agreements are alone the therefore the only basis for legitimate power over another human o A person sells himself to provide for themselves A king only takes from their slaves for their own subsistence Rousseau is asking why any person would sell themselves because does not give them but rather take o Hobbes states people under slavery live in civil tranquility Rousseau critiques the ideal of civil tranquility by establishing that people are under the commands of a ruler that can take them to war or make oppressive demands. For Rousseau, the argument of tranquility is invalid because this trait is a misery for enslaved people and alludes to tranquility as the Greeks living in peace inside Cyclops cave are awaiting to be devoured. o A person does not give himself without receiving anything and this too applies to the populace. If a person were to give their liberty to a government then they would not be able to give their childrens liberty Paternal power dictates that a father can make conditions for the preservation of their children but not able to gift their liberty o There is no compensation for giving away ones rights of humanity or duties o Grotius argues that a victor has the right to kill the vanquished and that the latter can give their liberties away and avoiding death is their profit. Rousseau argues that a state cannot kill a man that was a solider for its state. He states that the enemy is the state and not the individuals only soldiers of the state are enemies once a solider surrenders then he becomes a man, with natural liberty Right of slavery is illegitimate Chapter 5: That It Is Always Necessary to Return to a First Agreement o The law of majority is established by agreement o A person who rules by force over a people is not one body because his interests are of his own and not the public good Chapter 6: On the Social Compact o In the state of nature there were obstacles that the individual could not resist anymore because it was more force than the individual had. Rousseau states that if humans continue to live in the state of nature then the race would die o Men can continue to maintain themselves through aggregating their forces to gain the upper hand over the resistance Men would unite and act as a single moving power, politic body, an act in concert. o Man needs the many to create this politic body but how can one do so without losing their individual force or liberty? Creating an association that protects the common good of everyone while allowing the individual the right to obey himself and remains free Rousseau describes as being the problem Any modification to the agreement renders the social compact and resumes the natural liberty of the person Everyone must give themselves and their rights to the whole and since everyone is giving themselves no one will cause trouble for the whole People join the compact because it gives them everything they want making the union prefect People give themselves to the whole and not to an individual that the person gains from the whole everything he lost and has the force of the whole to preserve his property o Through this compact a moral and collective body is composed with many members govern by the general will. This union is called a republic or body politic and its member call it a state when it is passive. When active they call it sovereign They use the word power to compare it to like institutions. Collectively the members are called people and individuals they are called citizens. When they are participants in a sovereign then they are called subjects.
Chapter 7: On the Sovereign
o A reciprocal relationship to the public and private individual. As a private individual and a member of the state, a person, is in two commitments with itself. o A person can never give some part of himself away or submit to another power because it would bring the demise of the contract o Private individuals should not have interests that are contrary to the interests of the whole One cannot attack a member of the politic body without acting the whole of the body o In order for the social compact to work the members have to do what is good for the common good, Locke similar Chapter 8: On the Civil State o Man loses natural liberty when he joins the social contract Limited by the individuals force o Man gains the right ownership of property Limited by the general will Chapter 9: On Real Property o The right of first occupancy Similar to Lockes view on property Rules: land must have not been occupied, do not take more than needed, can only take if they are working and cultivating the property. o Public Property is stronger, backed by the force of the common, and irrevocable to strangers. o Owners are considered trustees of the public good Rights respected by the members and protection against foreign threats o Men all become equal by agreement and right
Book 2
Chapter 1: The Sovereignty is Inalienable
o The general will only one authorized to direct the forces of the state for the common good Governed by the Common interests o Sovereignty which is the exercise of the general will cannot be sold or given Power can be transferred but not the former. Chapter 2: That Sovereignty is Indivisible Sovereignty cannot be divided and acts on law Sovereignty that is broken up is not done so by principle by rather by object Breaking it into the legislative (will) or executive (force) An act of magistracy is what prevails from a divided sovereignty Chapter 3: Whether the General Will Can Err o The populace is never corrupted but it can be tricked to wanting bad We all want to do good for us but we often do not know what that is o Informed citizens engaging in political discourse equals to acting on the general will o There should be no partial society so the people are able to is able to make uop his own mind. o If there are to be partial societies then increase the associations in number and prevent inequality. Chapter 4: On the Limits of Sovereign Power o The sovereign cannot ask its citizen anything that is not for the use of the community o The sovereign has force over the body and that is cannot give special treatment to a single member of the compact o Man left natural independence for liberty, the power to harm others for security, their individual force for the force of the whole. Chapter 5: On the Right of Life or Death o When one goes against the state then they are to be killed because they are a threat to the common good, Locke o The state should not resort to corporal punishment because it shows that the system is weak. It should only kill the enemy if it is unable to preserve the life without encountering danger o In a well govern state there are few criminals Chapter 6: On Law o What is a law? A statute that concerns the whole of the population o Law considers the subject as the body and action as an abstract Law doesnt look at the individual o The legislative power has no function for the individual It cannot give power to one individual or family o Republic any form of government that is ruled by laws which is when the public interests governs Chapter 7: On the Legislator o A legislator: makes laws for the general will Must not succumb to the passions of men and be concerned with the happiness of the whole. Alter mans constitution to make it better o The legislators office is superior in function but has nothing to do with the dominion of the men, Similar to Locke. Those who have command over men while having command over the law are susceptible to the will of himself rather than the general will o Having the legislator and the sovereign powers together invites tranny o The legislator unable to use reason or force to make his laws enforceable seeks the power of the heaven and Gods. o Religion used as a political tool for the public Chapter 8: On the People o The legislators cannot impose right away to the people It could be that the people are driven by vices and by imposing laws they will not be able to create good men out of them Crete good laws but evil people o It is hard to change a person that is no longer in his youth because they are set in their ways The legislator has to wait until the people are mature or risk the development of the civilization Revolution can cause the youthful stage to come back since people want to forget their past life because of the violence Chapter 9: On the People (Continued) o In a body, politic there such a thing as a maximum force that it cannot exceed A smaller state is proportionally stronger than a large one o When a body politic becomes too big then the administration for the people too grows and becomes complicated and a burden to the people since they need to pay for these different administrations o When the people of governance is too big then some laws do not apply to some populations or laws arent executed, big body politics deplete resources Chapter 10: On the People (Continued) o Maximum force is having enough land to preserve the members of the state o Expansion to mountainous country because less work Chapter 11: On the Various Systems of Legislation o Legislators should be concerned with liberty and equality Liberty is the dependence of people to the state and liberty can only exist with equality o Moderation in goods and power o Civil Liberty being free and only constrained by law. Chapter 12: Classification of Laws o Fundamental Laws: Laws between sovereign and the state o Civil Laws: Laws that concern members o Criminal Law Laws that deal with disobedience to the law