Jean-Jacques Rousseau uses convincing logic, precise definitions and categorizations to prove that what he terms the social contract is what makes a government legitimate or not. The author also discusses the pitfalls awaiting legitimate governments and how they develop.
The work is divided into four "books", each of which is described below.
Book 1 - Proving that legitimacy exists
Towards the beginning of the work, Rousseau states his famous line that Man is born free; and everywhere he is in chains (Chapter 1). That's a pretty daring assumption since it flies in the face of the idea behind the divine right of kings, which many kings naturally relied on to assert the legitimacy of their reigns. As a result, Rousseau needs to prove his assumption, which later provides the foundation for his social contract theory.
The author argues that man is born free by pointing to the most basic society, the family. So long as the children remain children, they are under the care of the father who only desires the love of the children. However, as soon as the children can provide for themselves (no longer needing the father's care), they leave the father and mother and, thus, gain their freedom as they provide for themselves. "If they remain united, they continue so no longer naturally. but voluntarily; and the family itself is then maintained only by convention" (Chapter 2, First Societies). As a result, Rousseau argues that slavery is against nature and, thus, isn't a legitimate form of government since man is naturally free, meaning there is no moral authority forcing slaves to remain obedient to their masters. He also argues against the right of the strongest philosophy, pointing out that in such societies people only obey out of fear and not of any true loyalty (moral bonds) to the government. Destruction also awaits such governments, as Rousseau points out how such right by might empires - such as those built up by Attila and Tamerlane - soon fall after the founders of those societies die (Chapter 5, Necessity to go back to the first convention).
Freedom and security are the two things that, Rousseau argues, make governed societies necessary. "I suppose men to have reached the point at which the obstacles in the way of their preservation in the state of nature show their power of resistance to be greater than the resources at the disposal of each individual for his maintenance in that state. That primitive condition can then subsist no longer; and the human race would perish unless it changed its manner of existence" (Chapter 6, The Social Compact). Before coming together in governed societies, man claims property via "right of the first occupier" (Chapter 9, Real Property), but he has no real deed to the land, meaning he is in constant danger of losing it to thieves and robbers. It is only in a governed society that such deeds are handed out and legally guaranteed. Not only this, but a governed society also assists man by way of creating economies that assist and enrich everyone within the governed society. (Rousseau talks about this latter benefit in Book 3.) The problem with governed societies is the whole concept of freedom: How can man be both governed and free? Rousseau addresses that conundrum by giving the formula that he argues lends legitimacy to a government.
What a government needs in order to be legitimate is to serve the people making up that government, while at the same time providing a government that will ensure their welfare and safety. Since man is born free, it follows that any form of slavery is illegitimate, which means that the only legitimate governments are those that allow man to rule himself. Therefore, Rousseau delivers his social compact theory that allows for a man to be simultaneously governed and free: Each of us puts his person and all his power in common under the supreme direction of the general will, and, in our corporate capacity, we receive each member as an indivisible part of the whole (Chapter 6, The Social Compact). Now to understand this statement we need to understand the precise definitions of certain words, something Rousseau spends a lot of time on. (This also requires close reading. I had to reread the first two-thirds of the book to really understand the concepts making up Rousseau's argument.)
The Sovereign, General Will, Particular Will and Civil State
Since the people are the rulers of themselves, they can never legitimately be in slavery, then they are the sovereigns. As such, they "can never bind itself, even to an outsider, to do anything derogatory to the original act [social contract], for instance, to alienate any part of itself, or to submit to another Sovereign" (Chapter 7, The Sovereign). Also, the sovereign by its definition must always do good to itself. Do you see how this precise definition of the sovereign also tells us what is and isn't legitimate for the sovereign (the government) to do? The problem is that the sovereign is made up of many people who have particular wills as individuals and a general will as a body politic (the common good, as it were). To settle this issue of the particular versus the general will, Rousseau argues that "whoever refuses to obey the general will shall be compelled to do so by the whole body" (Chapter 7, The Sovereign).
However, this doesn't mean that men lose their natural freedom by binding themselves to the general will. In fact, Rousseau argues that men gain more freedom by becoming part of a civil state: "What man loses by the social contract in his natural liberty and an unlimited right to everything he tries to get and succeeds in getting; what he gains is civil liberty and the proprietorship of all he possesses. ... We might, over and above all this, add, to what man acquires in the civil state, moral liberty, which alone makes him truly master of himself; for the mere impulse of appetite is slavery, while obedience to a law which we prescribe to ourselves is liberty" (Chapter 8, The Civil State). The reader should note that Rousseau shows his Judeo-Christian background here as his argument in favor of binding oneself to law is similar to the New Testament's argument on how men are slaves when they do whatever they want (sex outside of marriage, for example) since it shows that they have no self-control and are slaves to their fleshly desires.
Book 2 - The social compact in action and how such societies originate
After giving readers the general outlines of a legitimate government, Rousseau goes into detail on how such a society would operate, as well as how one would come into being. In doing so, Rousseau focuses on a popular theme throughout his work: the particular will versus the general will. He also demonstrates how the concept of equality is an essential human right of any legitimate government. However, he acknowledges that while the general will is always good, the people themselves don't always know what they should will as a whole. As a result, Rousseau directs readers to the divine, a mysterious legislature and even different forms of government as the means by which an unwieldy people can initiate a legitimate government.
General Will versus the Particular Will, a balancing act
While abiding by the general will a society can fulfill the social compact's goal of attaining security for the people, the society's ignorance and individual's self-interest hinder people from being guided by the common good. However, a lack of understanding prevents people from discovering what suits their common interests, thereby setting up the stage for bad governments: "the people is never corrupted, but it is often deceived, and on such occasions only does it seem to will what is bad" (Book 2, Chapter 3). another obstacle facing would-be legitimate governments is the self-interest of individuals, which Rousseau refers to as the particular will: "for the particular will tends, by its very nature, to partiality, while the general will tends to equality" (Book 2, Chapter 1, emphasis mine). An example of this occurs when political factions arise. Such groups have particular wills for the faction and if they come to dominate the government, the government is no longer ruled by the general will of all (equality), but by the particular will of a faction (Book 2, Chapter 3). To combat this, Rousseau advises either that no factions (political parties of today: Democrats and Republicans) be allowed, or to have as many as possible to stop one faction from dominating the body politic.
After defending the need to protect the general will, Rousseau goes onto defend the need for the particular will as a means of fulfilling the social compact's other goal: maintaining the individual's freedom within a society. "But, besides the public person, we have to consider the private persons composing it, whose life and liberty are naturally independent of it. We are bound then to distinguish clearly between the respective rights of the citizens and the Sovereign, and between the duties the former have to fulfil as subjects, and the natural rights they should enjoy as men" (Book 2, Chapter 4). As a result, while for the good of the general will society's individuals must surrender certain liberties and goods, Rousseau acknowledges that the Sovereign cannot demand more than what is necessary for the common good (Book 2, Chapter 4). Also, when demanding certain duties, the Sovereign cannot demand them of specific individuals since that would go against the concept of equality, but must make only general demands to apply to all: "It proves that the general will, to be really such, must be general in its object as well as its essence; that it must both come from all and apply to all; and that it loses its natural rectitude when it is directed to some particular and determinate object" (Book 2, Chapter 4). Here, again, we see the idea of equality being stressed in that the very demands of the sovereign must not come from a particular will - be it of a political party or individual - but from the entire body politic.
In balancing the needs of the general will and the particular wills, Rousseau argues that that an equitable government is formed. The common interests is what forms up the general will, and by the entire people being ruled by it in the same fashion they will find themselves endowed with equality. "What, then, strictly speaking, is an act of Sovereignty? It is not a convention between a superior and an inferior , but a convention between the body and each of its members. It is legitimate, because based on the social contract, and, equitable, because common to all; useful, because it can have no other object than the general good, and stable, because guaranteed by the public force and the supreme power" (Book 2, Chapter 4). Essential to all of this is the concept of equality: without the Sovereign authority treating everybody the same, then it is not abiding by the social contract and the whole idea of legitimacy is lost.
Law and Legislature
Now that the outlines of a legitimate society have been established, how does one specifically form the laws that make up such a society? Rousseau answers that question by first defining law and then pointing to a legislature as the means by which laws are created.
Laws must be explicit to protect the innocents. Roussseau argues "All justice comes from God, who is its sole source; but if we knew how to receive so high an inspiration, we should need neither government nor laws" (Book 2, Chapter 6). He also argues that reason can provide a man with a concept of right and wrong. However, without an actual law, those abiding by the law would be taken advantage of by those having no qualms breaking the law, taking advantage of their honest and unsuspecting neighbors. As noted in the previous section, the general will and by nature laws must be equitable. But what are they exactly? "Laws are, properly speaking, only the conditions of civil association" (Book 2, Chapter 6). However, how can a society know what exactly it needs to address in its laws when forming its civil association? This is why Rousseau points to the need for a legislature to create laws.
Legislatures or founders of societies provides the laws by which they are ruled. This office, Rousseau argues, "nowhere enters into its [society's] constitution" (Book 2, Chapter 7). He points to the example of Lycurgus, Greek towns and the republics of then-modern Italy. Having legislative and sovereign authority in the same hands lends itself to chaos, argues Rousseau, pointing to the Roman republic as an example: "Nevertheless, the decemvirs themselves never claimed the right to pass any law, merely on their own authority. 'Nothing we propose to you,' they said to the people, 'can pass into law without your consent. Romans, be yourselves the authors of the laws which are to make you happy' " (Book 2, Chapter 7). This resulted in tyranny, Rousseau writes. The necessity of having an outside founder or legislator giving a society its laws comes from the fact that people do not know what is best for them, nor could they be bothered to investigate it. "This is what has, in all ages, compelled the fathers of nations to have recourse to divine intervention and credit the gods with their own wisdom, in order that the peoples, submitting to the laws of the State as to those of nature, and recognizing the same power in the formation of the city as in that of man, might obey freely, and bear with docility the yoke of the public happiness" (Book 2, Chapter 7). However, not everyone can convince others that he is endowed with divine knowledge, leading Rousseau to write that while philosophers may mock Judaic and Islamic law, "the true political theorist admires, in the institutions they set up, the great and powerful genius which presides over things made to endure" (Book 2, Chapter 7).
Fun Fact
I first started reading this book on a date. I was meeting up with a girl in the Wangjing subdistrict in Beijing. Seeing as how the subway ride up there was about 30 minutes long, I figured I'd bring along a thin book that I could put in my back pocket once I met up with the girl. (I hated wasting my time in Beijing.) I think I read eight pages that night, but I ended up putting the book down and never getting back to it till after the Wuhan Flu hit. After arriving back into the States, I started up on the book again and got through 80 pages (my copy is 137 pages long), but I didn't really comprehend the book and so put it down again. After a few months, I picked up the book again and decided to give it go from the beginning. I'm so glad that I did because I finally understood what Rousseau was saying.
I've ran out of space on Good Reads for the rest of this review. So I have left off here.