The social pact: obeying the law and staying free
In a society founded on the social pact, the citizen who obeys the laws remains free.
If laws come from everyone's will and apply to everyone, obeying them means obeying only oneself.
"The social pact: obeying the law and staying free" is an argument by Jean-Jacques Rousseau (Social Contract, I, 6-8) on the question "What is a just society?" (answer: the contract). Its claim: In a society founded on the social pact, the citizen who obeys the laws remains free. According to AskPhilosophy's logic check (Z3 solver), the conclusion does follow from its 5 premises. AskPhilosophy presents 4 objections, 3 of them with a documented reply, and the original text behind each premise, checked word for word.
Rousseau starts from a problem: find an association that protects each person with the force of all, and in which each "may still obey himself alone, and remain as free as before". His solution: a pact in which the whole people makes the laws. He is not telling a real story: he offers a test of whether a society is legitimate.
click a premise to reject it
Objections
4Each objection is a conversation: click to see who replies and where the debate stands.
Objection anticipated by Rousseau attacks premise 4Someone who voted against a law must still obey it. How can he be free while submitting to a will that is not his own?
Rousseau replies
Someone who voted against a law must still obey it. How can he be free while submitting to a will that is not his own?
Hume 1748 · attacks premise 2The contract is a fiction. Almost all governments arose from conquest or usurpation, and most people never consented to anything. Saying we consent by staying in our country is like saying a man carried on board while asleep consents to the captain because he does not jump into the sea.
Rousseau replies
The contract is a fiction. Almost all governments arose from conquest or usurpation, and most people never consented to anything. Saying we consent by staying in our country is like saying a man carried on board while asleep consents to the captain because he does not jump into the sea.
Benjamin Constant 1819 · attacks premise 1Rousseau confuses two liberties. For the Ancients, being free meant sharing in collective power. For the Moderns, it means being protected in one's private life, even against the majority. By giving unlimited power to the general will, Rousseau supplied pretexts for tyranny.
no reply
Rousseau confuses two liberties. For the Ancients, being free meant sharing in collective power. For the Moderns, it means being protected in one's private life, even against the majority. By giving unlimited power to the general will, Rousseau supplied pretexts for tyranny.
IIsaiah Berlin 1958 · attacks premise 4If my "true" will is the general will, I can be coerced on the grounds that I really want what is imposed on me. Rousseau's phrase, "he will be forced to be free", shows the danger: freedom becomes a reason to obey.
Rousseau replies
If my "true" will is the general will, I can be coerced on the grounds that I really want what is imposed on me. Rousseau's phrase, "he will be forced to be free", shows the danger: freedom becomes a reason to obey.