(iii) social contract presumption for the formation of the state
(iv) main differences in political society and natural state
(v) sovereignty, the essence of sovereignty and the relationship between the social community and the individual
(vi) on the limits of sovereign power
(vii) legislation of sovereigns and preparation of draft laws of the holy spirit
(viii) value objectives and classification of the law
(ix) role and form of government
(x) protection against usurpation of sovereignty by the government
(xi) successes and failures of the ancient roman communist and political systems
(xii) civil religion
(i) research theme: why are people bound
“man is born free, but in chains everywhere. Those who think that they are the masters of everything else are more slaves than others.” this is a question of the source of obligations in the legal and political sense; in turn, it is a question of the legitimate basis on which the state binds its citizens (the monarch vis-à-vis its subjects), or the legality of the authority of the state. Rousseau at this time is thinking about the circumstances under which a person is bound by the state but at the same time free
(ii) criticism of established sources of state authority
1. Criticism of the monarchy is derived from the fatherhood
According to rousseau, in the family of the original society, the relationship between the father and the son is a natural free and equal one, and the common life of the father and the son is governed by a voluntary agreement, so that there can be no natural patriarchy, let alone the evolution of this non-existent patriarchy into a monarchy。
2. Criticism of natural slaves
According to rousseau, people are born free and equal in a primitive society, where there are no natural slaves or natural rulers, and no one can claim their natural right to rule over others。
3. Criticization of violence as a source of state authority
Rousseau noted that force and force are not rights per se; no one can gain power by force and force. On the contrary, obedience is not an obligation, and violence does not create an obligation。
4. Criticizing people's free transfer of sovereign power
According to rousseau, “the renunciation of one's freedom means the renunciation of one's capacity to be a human being, the renunciation of one's rights and even of one's obligations”. In his view, freedom was not only a right but also an obligation. Thus, in the contract theory of hobbes, individuals cannot transfer freedom, let alone collectives. Even if they transfer their freedom, they have no right to discipline the freedom of future generations. There is only a relationship of forced obedience between the conqueror and the conqueror, which is not a contract in itself。
(iii) social contract presumption for the formation of the state
Before describing the emergence of a sovereign among the people, the original compact that made this assembly of people possible should be studied and explained. In rousseau's view, this can be achieved only through the formulation of such a treaty provision: while consent (consensual will) is formed, each person's conduct is guided and bound by it and by the will of each person (freedom to be guided and bound by its will). The community of people and governments is the state and the people in general are the sovereign。
After the formation of the community, people operate as individuals on the one hand and as members of a sovereign on the other. As a member of the sovereign, he obeys only himself. As an individual, he is subject to the sovereignty of the community as a whole. This is addressed in chapter 7 of the social contract, the sovereign。
(iv) main differences in political society and natural state
1. The distinction between justice and injustice is understood。
2. People lose their personal power, their will, their natural freedom and their possession and enjoyment in their natural state, but they acquire the freedom recognized and guaranteed by the common will of society and their ownership. In other words, possession is the result of coercion by force, while ownership rests with the public。
3. A person's entry into society also provides moral advancement and evolution and moral freedom. It also demonstrates that true freedom is the freedom to be bound。
In conclusion, the fundamental conventions do not destroy the equality of nature, but rather replace the physical inequality between human beings caused by nature with moral and legal equality。
(v) sovereignty, the essence of sovereignty and the relationship between the social community and the individual
The sovereign organized the whole people through the social contract and rousseau defined it as the “sovereign”. Sovereignty is non-transferable and indivisible. In rousseau's view, sovereignty is paramount because the common sense of sovereignty is always seen in the public interest, always just and never wrong. In rousseau's view, however, such a perception can only take place if the people are fully informed, excluding the existence of parties or interest groups, similar to the right to know today。
(vi) on the limits of sovereign power
Subject: does the political community have unlimited powers over its members
Rousseau argued that, while the social community enjoyed sovereignty as a sovereign, it did not mean that it had unlimited power over individuals who were members of society. The social community cannot require individuals to transfer or renounce their freedom not related to the collective interests of the community. The limits of power of the social community (state) shall be subject to three limitations: conventional, consensual and equal. It also addressed the question of the death penalty, namely, does the monarch have the right to impose the death penalty on citizens
(vii) legislation of sovereigns and preparation of draft laws of the holy spirit
According to rousseau, the will of the people's community is reflected in legislation. Legislation is both an agreement between the people and an expression of justice. In reality, however, people are hampered by judgement and insight and are unable to carry out their legislative tasks. Thus, in reality, people's legislation needs the help of legislators. According to rousseau, legislators do not have legislative powers, but their role is to draft draft laws. Historically, legislators have been able to resort to religious authority to carry out their own draft laws, provided that the draft laws they have drafted are truly good。
(viii) value objectives and classification of the law
According to rousseau, all legislation pursues two main values: freedom and equality. He stressed that the law was man-made to correct the natural nature of human beings. Human nature tends to abuse power and destroy equality. The tendency of the law, on the other hand, is to seek to preserve equality by correcting the natural nature of human evil, such as the bullying of the weak by the powerful. He divided the law into: political law; civil law; criminal law; culture, customs and public opinion。
(ix) role and form of government
Rousseau strictly distinguished between the state and the government. The government is the representative of the people and is an organization entrusted and appointed by the people to exercise executive power. Governments are not sovereign and have only the power to enforce the law. The principle of government formation is to ensure that it can be administered while ensuring that it is administered in accordance with the will of sovereigns. In general, the number of executives (principal officials) in government is inversely proportional to their managerial capacity, but to the degree of implementation。
According to the number of government administrators, rousseau divided the form of government into democracy, nobility and state rule. According to rousseau, democracy and the rule of state each have prominent shortcomings. He was therefore more in favour of an electoral nobility. He went on to believe that mixed governments were better。
According to rousseau, on the basis of the revision of mendesau's point of view, no form of government fits all countries. It is not possible to give a uniform answer to the good or bad form of government, but rather to the good or the bad work of the government, which can be measured by a single evaluation. According to rousseau, the growth of a country's population, excluding the effects of migration factors, is a sign of good governance。
(x) protection against usurpation of sovereignty by the government
Rousseau continued to reflect on the idea that power holders were always inclined to abuse their power, arguing that executive powers held by governments tended to expand their power against the will of sovereigns. This is the breakdown of government. He believed that in order for a country to maintain a good political situation, a popular sense of domination required a direct vote by the people。
(xi) successes and failures of the ancient roman communist and political systems
Since volume iv, chapter iv, rousseau has targeted the political system of the ancient roman republic and analysed its successes and failures. Rousseau discussed the ancient rome people's assembly system (including the quria assembly, the centuria assembly, the communal assembly), the ombudsman system, the dictatorship, and the impact and role of the ombudsman system on the exercise of people's power。
(xii) civil religion
In volume iv, chapter viii, rousseau discusses the role of religion in political society, the gains and losses of christianity and the attitude of civil society towards religion。
