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Jean-Jacques Rousseau: The Believer Of Human Goodness, The Champion Of Natural Freedom, Architect Of The General Will, And The Source Of The French Revolution

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:
  1. Wacks, Raymond. Understanding Jurisprudence: An Introduction to Legal Theory. 3rd ed. Oxford University Press, 2012.
  2. Freeman, Michael. Lloyd's Introduction to Jurisprudence. 8th ed. Sweet & Maxwell, 2008.
  3. Paranjape, N. V. Studies in Jurisprudence & Legal Theory. 10th ed. Central Law Agency, 2023.
  4. Stanford Encyclopedia of Philosophy. "Jean-Jacques Rousseau." https://plato.stanford.edu/entries/rousseau/#ConjHistMoraPsyc
  5. Internet Encyclopedia of Philosophy. "Jean-Jacques Rousseau (1712—1778)." https://iep.utm.edu/rousseau/
  6. 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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