In starting of his book 'Confessions', he says:
"Let the trumpet of the day of judgment sound when it will, I shall appear with
this book in my hand before the Sovereign Judge, and cry with a loud voice, This
is my work, these were my thoughts, and thus was I."
Life
Rousseau was born on 28 June, 1712, Geneva during European enlightenment. His
mother died on the 9th day after his birth. He was a musician and traveled to
Paris for his music career. In 1750, he wrote 'Discourse on the Sciences and
Arts' (First Discourse) for an essay competition on the theme of arts, sciences,
and the corrupted morals of the masses. He won the first prize for his core
argument that man is good by his very nature but corrupted by society. It made
him famous.
His views about music, that it should have a melody and communicate
emotions, were opposed by those who believed harmony and the relation of music
with mathematics and physics were important. He again wrote for an essay
competition, producing 'Discourse on the Origin and Foundations of Inequality
Among Men' (Second Discourse).
Thereafter, he worked on 'Emile' and 'The Social
Contract', both of which were opposed and condemned in Paris for their views
against religion. Rousseau had to flee to England. He criticized other
philosophers as supporters of various forms of tyranny and rationalizers of
self-interest. Later, he wrote 'Confessions' and 'Reveries of the Solitary
Walker'. He died in 1778.
Rousseau on Moral Psychology
Rousseau repeatedly claimed a single idea at the center of his worldview: human
beings are good by nature but are rendered corrupt by society! Humans are born
with a natural capacity of compassion. Theories have raised the question: If
human nature is good, then how is society, which is composed of good human
beings, the agency of corruption?
State of Nature and Its Journey Towards Corruption/Complexity/Dependency
Social contractarians tried to answer the basic question of the life of humans
before the formation of State and what legitimizes the State to use its power.
In direct opposition to Hobbes' theory of the social contract, Rousseau argued
that humans were good in the state of nature, lived happy lives and were marked
by equality among men!
We were driven by two basic factors: the first was
self-love (amour de soi)—taking care of basic biological needs like food and
shelter, just like other creatures. This self-love took care of the preservation
of humans. Secondly, we were driven by compassion and pity (pitié), with the
thought of relieving the suffering of others, including animals, without
endangering or compromising self-preservation.
In his 'Discourse on Inequality', Rousseau regarded the rise of small, settled
communities as an important stage in the evolution of society. As
agriculture-based private property and the modern complexity of society evolved,
it gave rise to competition among humans to attract sexual partners. Male adults
tried to attract women and made rivalries for their favor.
Now the self-love
filled with pride (amour propre) took the place of the core of human psychology.
Humans felt the need to be recognized by others and treated with respect. All
the sources of evil have their origin in social competition and comparison. This
achieved its full toxicity with the growth of material independence and
agriculture. Humans were treated as subordinates or superiors as per their
powers in society.
Political Philosophy of Rousseau: Reconciliation of Freedom and Authority
Rousseau tried to reconcile the freedom of individuals in the state of nature
with the imperative of modern state authority. The famous "General Will" was his
construct where an individual's desire is channelised with common good. He
legitimized the State only when guided by the "General Will" that is also called
'popular sovereignty'. Hobbes tried to justify an overpowering, exploitative
state, whereas Rousseau's General Will aimed to answer this dystopia. Against
Hobbes, who said authority could be vested in a small group, Rousseau argued
that this was slavery.
Interestingly, two interpretations of the General Will are possible. Firstly,
the General Will may resemble the democratic conception where people come
together and decide in their best interest. Secondly, the General Will may be an
abstract idea about the common interest of all, which can be extracted from what
they actually want.
He explained three types of will: Private Will, which takes
care of the selfish interest of individuals; General Will, which is about
individual benefit but with the collective as a whole; and Corporate Will, where
a person identifies with a particular group in society and sees its interests.
Further, he distinguished and explained, collection of private wills do not
constitute General Will.
When the State and society aim to bring out the good in
human nature that existed once in the state of nature, Private Will becomes
equivalent to General Will. Rousseau identified two obstacles in achieving this
goal: a lack of virtues in people that they are not enlightened, and the
division of society into factions, where people are largely governed by
Corporate Will.
Rousseau's Solution: The Legislator
"
Good laws make good citizens."
He thought , ideally people should govern themselves. Ratification of law by
every individual gives it a moral basis to be obeyed. But it has become
impracticable to take part in state affairs. The legislator's task is to instill
citizens with a sense of collective identity that transcends their selfish
interests. He must inspire the community to identify with the General Will and
support laws that they may not immediately recognize as beneficial.
This
legislator finds its place in Rousseau's novel Julie, which was based on a tutor
in a love triangle resembling the legislator. Other jurists have raised the
question: From where does this tutor/legislator get education? Where did the
first tutor/legislator get knowledge?
In The Social Contract, Rousseau says: "Man is born free, but everywhere he is
in chains." His strong commitment towards human compassion and freedom made him
to state that those who are subject to the General Will should be "forced to be
free." This force by sovereign on its subjects only be in furtherance to promote
freedom and equality.
By freedom, he meant the capacity of choice and the
ability to act against instinct and inclination. Animals are products of fixed
patterns of behavior, but we are not. Rousseau believed that children should be
developed through education that gives autonomy rather than teaching domination
in relationships.
Conclusion
Rousseau's thought has limited links with natural law. In natural law, theorists
have tried to protect higher law by God. Rousseau replaced it with General Will.
Paradox is that, Rousseau while laying foundations of democracy, lays down the
"General Will" and assures that tyrants do not deviate from General Will which
is a type of higher law.
His thoughts filled Europe with nationalism and influenced the French
Revolution. Article 6 of the Declaration of the Rights of Man, in 1789 during
the French Revolution, mentions: "The law is the expression of the General
Will." The most important philosophical impact was on Immanuel Kant.
The only
photo in Kant's room was of Rousseau, and Kant daily read Rousseau's Emile. John
Rawls referenced Rousseau when developing his two principles of justice, which
were efforts to spell out the content of the General Will. Rawls also used the
device of the 'original position' much alike with Rousseau's State of Nature.
His thoughts are still relevant. The United Nations Human Right Commissions (UNHRC)
thinks Rousseau's Fundamental freedom of human beings has been reflected in the
20th century in the form of United Nations Charter and Universal Declaration of
Human Rights.
References:
- Wacks, Raymond. Understanding Jurisprudence: An Introduction to Legal Theory. 3rd ed. Oxford University Press, 2012.
- Freeman, Michael. Lloyd's Introduction to Jurisprudence. 8th ed. Sweet & Maxwell, 2008.
- Paranjape, N. V. Studies in Jurisprudence & Legal Theory. 10th ed. Central Law Agency, 2023.
- Stanford Encyclopedia of Philosophy. "Jean-Jacques Rousseau." https://plato.stanford.edu/entries/rousseau/#ConjHistMoraPsyc
- Internet Encyclopedia of Philosophy. "Jean-Jacques Rousseau (1712—1778)." https://iep.utm.edu/rousseau/
- United Nations High Commissioner for Refugees. "The Relevance of Jean-Jacques Rousseau 300 Years After His Birth." https://www.unhcr.org/in/news/stories/relevance-jean-jacques-rousseau-300-years-after-his-birth
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