On this occasion, we will address Juan Jacob Rousseau and his work "the Social contract or principles of political law" of 1762. Rousseau is a continuation of the fundamental principles of classical liberalism. Unlike Bodin, Locke and Hobbes consider that man should be guided by rational but also emotional principles.
For him, in the state of nature human beings live in harmony and peace, but by this natural process of evolution of society they pact, thus generating civil society, this pact unlike the idea of Hobbes is given between individuals-society-individuals and Not between individuals-individuals, that is to say, not of strong individuals with weak individuals where it is done in a personalized way, therefore, we are facing a new theory of more advanced contractualism, where what matters are the general interests.
But, what we are interested in is limiting this article because the work left by Rousseau would take months or years to understand in its entirety, therefore, we will analyze on that occasion the following problems: What is the relationship between unanimity and will General? And what are the underlying dangers behind the general will as the foundation of sovereign power?
Mentioned in his first book, "Man is Born free and yet, everywhere he is chained" (Rousseau, 2007, p. 36), argues that the family is the basis of the Covenant "the oldest society of all, and the only natural, is that of a family" (Rousseau, 2007, p. 36).
And it goes against the Aristotelian idea that by nature there are slaves:
Slaves lose everything in their chains, even the desire to leave them; They love their servility (...) If there are thus slaves by nature is because there have been slaves against nature (...) No man has a natural authority on his fellows since nature does not produce any right (Cuevas Huerta, 2017).
With these ideas of Rousseau considers that the general will, i.e. for the sovereignty to exist first must have a unanimity, a consensual agreement between these man who live in a state of nature who are not slaves of anyone and who by their own interests They will make a pact thus generating the right "the same law of the plurality of the suffrages is a fixation of convention and supposes, at least once, the previous unanimity" (TvRed DGIE-BUAP, 2017) a pre-political pact is sought. And under this unanimity men dictate their own laws will be again free.
And to socialize the contract requires three actions:
1. Each one of us puts his person and all his power under the supreme direction of the general will.
2. This act casts a moral and collective body, composed of as many members as votes the Assembly has, from this very act comes its "common self".
3. This political body which is called state, when it is passive is called sovereign when it is active to be able. (Cuevas Huerta, 2017).
And these are the underlying dangers behind the general will as the foundation of sovereign power.
It is that minorities will be obliged to obey what the majority decides, that is to say, the dictatorship of the majorities, as is the theoretical case of the "communist" societies, would be violated the individual liberties in any case. However it should not be confused between the will of all and general will, the first refers to a prepolitical pact and therefore is considered the interests of each of the individuals seeking the same goal as the case of a new constitution , the people gather (the sovereign power) to attest to it.
It is that minorities will be obliged to obey what the majority decides, that is to say, the dictatorship of the majorities, as is the theoretical case of the "communist" societies, would be violated the individual liberties in any case. However it should not be confused between the will of all and general will, the first refers to a prepolitical pact and therefore is considered the interests of each of the individuals seeking the same goal as the case of a new constitution , the people gather (the sovereign power) to attest to it.
And while the general will is individual interests that come together to make pacts that will lead to a common benefit. Therefore this general will prevents the will of few (minorities) from engendering new rights as it would be going against the will of the majority, but it is allowed to remain free to think or act considering the limits of freedom.
Cuevas Huerta, E.
(26 de 03 de 2017). Du contract social – Jean Jacob Rousseau.Recuperado
el 16 de 04 de 2017, de Prezi: https://prezi.com/zudysdqh6lta/du-contract-social-jean-jacob-rousseau/
Rousseau, J. J.
(2007). Contrato social.España: Austral.
TvRed
DGIE-BUAP. (23 de 03 de 2017). TeorÃa del Estado (Sesión virtual #8),
Mtro. Enrique Huerta. Recuperado el 16 de 04 de 2017, de You
tube: https://www.youtube.com/watch?v=543w7UEAXmo
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