In The Social Contract, 18th-century Swiss philosopher Jean-Jacques Rousseau discusses political legitimacy, or the ethical right to exercise political authority by creating and enforcing laws. Specifically, he attempts to answer the question, “Can there be a legitimate society, and if so, what would it look like?”
(Shortform note: Keep in mind that in The Social Contract, Rousseau uses a normative definition of legitimacy—one which provides standards that a state must meet to be legitimate. A normative definition is suited to discussions of a society’s moral...
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Rousseau begins The Social Contract by explaining what makes a society legitimate. To answer this question, he explores three ideas:
Through these explanations, Rousseau determines the benefits and moral standards a society must offer to be legitimate.
Before discussing life in society, Rousseau first outlines what life is like outside of society, in a “state of nature.” In a state of nature, we live only by the laws of human nature—primarily the natural law of acting in self-preservation. The only society that forms in a state of nature is the family, and only briefly when children are dependent on their parents. After that, Rousseau claims, human nature no longer compels us to stay together. Therefore, he says life in a state of nature is mostly spent alone with absolute freedom to pursue whatever we want, whenever we want it.
We do sometimes choose to form societies because having more people around makes survival easier. However, we...
To meet the two standards necessary for a legitimate society, Rousseau explains that all members of this society must come together as equals and agree to a social contract. This social contract has one rule: Every member must choose to exchange their personal freedom (freedom to pursue what’s good for themself as an individual) for civil freedom (participation in a society that pursues what’s good for everyone).
In part two of this guide, we’ll explain how the social contract exchanges personal freedom for civil freedom, and how it forms a legitimate government.
Under the social contract, all members of the society form a collective political entity: the sovereign will of the people (sovereign for short). The sovereign isn’t an existing political body like a court or parliament. Instead, the sovereign is closer to the overarching ideology or purpose of society—the reason for its existence and every use of its political authority.
The sovereign is a kind of “public person” that can act with absolute freedom. Therefore, by agreeing to the social contract, **members of the society are no less free than they were before—they just exercise their freedom...
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While the sovereign provides legitimacy to the state, Rousseau argues that it cannot handle the day-to-day governing of the state. The sovereign can’t make decisions about specific matters, as they’ll inevitably divide public opinion—a “collective will” is impossible. The sovereign therefore must create a government to run the specific operations of the state, acting as a middleman between the sovereign will of the people and individual citizens.
(Shortform note: Rousseau’s insistence on an undivided sovereign reflects his concern that any division would invite a majority of citizens to infringe upon the freedom of the minority. This oppressive majority rule over a minority is what French philosopher Alexis de Tocqueville’s (Democracy in America) calls “tyranny of the majority.” By creating a government that acts on behalf of all citizens, Rousseau ensures that the sovereign can’t devolve into this type of tyranny.)
The sovereign empowers the government to pursue the common good, the government does so by legislating and enforcing specific laws, and then individual citizens must live under those laws....
All legitimate states eventually die, claims Rousseau. The division of power between the sovereign and the government can’t be perfect, and when one gains too much power over the other then it can freely act in self-interest and the state stops being legitimate:
(Shortform note: By claiming that the legitimacy of a state will eventually collapse, Rousseau differentiates his project from other philosophical attempts to determine a perfect state. Other works like Plato’s Republic or Thomas Hobbes’s Leviathan claim that their ideal state can exist forever if properly managed. Rousseau’s declaration that an eternal state is impossible is a rare...
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Reflect on how you agree or disagree with Rousseau’s views on the source of political legitimacy by considering your own state.
Do you think you have an ethical obligation to obey the laws of your state? Why or why not?