As Leis no Contrato Social de Jean-Jacques Rousseau

Abstract

The present work aims to present and to reflect about the laws in the view of J. J. Rousseau, considering the main work of the philosopher: The Social Contract. In this context, in order to discuss the laws and all the essential elements that involve them, it is necessary, first, to understand that The Social Contract constitutes a theoretical work that translates a scale of measurement, suggesting the analysis of the degree of freedom of a particular people, and can not be confused with a government manual to be put into practice. The individual in his state of nature lives wildly by virtue of having a natural freedom that encourages his passions, a situation that makes the institution and maintenance of social order unfeasible. The social pact appears, therefore, as a solution to the institution of this order, since, in joining all, it only obeys itself, thus acquiring a civil liberty, based on equality of rights. Laws are rules of a general character that result from the will of the people and institute the order of a life in society. Since the laws are acts of the general will, the legislative power belongs to the people, therefore, sovereignty, which is inalienable and non-transferable, consists in the exercise of legislative power and, for Rousseau, being the people holding this power, the people are sovereign. However, although the people are sovereign, holding the law is not a sufficient requirement for the proper elaboration of the laws, after all, the people can not give laws to itself, because it does not know to discern alone in what constitutes the public good. And here comes the figure of the Lawgiver. The Legislator is neither sovereign nor government; it is the mythical figure which has the function of enabling the agreement of wills between men, aiming at the institution and maintenance of a life in society based on freedom and equality. However, not every nation is capable of legislation, and respecting the idiosyncrasies of peoples and elaborating laws according to their respective needs is of the utmost importance for a political body to be able to maintain the order and the rights of citizens.