Jean-Jacque Rousseau (inspire French revolution) Second contract published in 1762 Robert Filmer: Divine right theory—ridiculous idea. Republicanism Natural liberty political liberty Divine right Nature subject political subject Hobbes Natural liberty political subjection Locke Natural libertypolitical liberty Rousseau Natural liberty political liberty Rousseau’s project: Critique of society Rousseau’s central insight: 1) man is by nature free, equal and good, 2) but is corrupted by society -morally: civilization corrupts the virtues: society creates people of poor quality; alienated from their humanity; incapable of meaningful self-realization - politically: authority as a mask for oppression(压迫) and exploitation(利用), political command, and the hierarchy of ruler and the people ruled. Q: how can one live a life that is authentically one’s own? How can individuals be virtuous and institution legitimate. Diagnosis 诊断(Two discourses of Rousseau) -account of human nature and (speculative) history, as basis for: -criticism of inequality and oppression Remedy 治疗: (theoretically) Rousseau’s claim: so far philosophers and theologians have not understood human nature; they have treated as natural what is actually SOCIAL. Methodological problem: how to escape the theorist’s own social and historical context State of nature (harmonies) Original goodness, liberty, equal - Natural goodness: pre-moral sense, virtue can only exist in society, we don’t perceive others as threatens Liberty: no constraint, not constrained by others Equality: descriptive (Hobbes) and normative (lack of moral distinction) Natural drives Self-preservation Sympathy for others (similar to Locke, but for Locke is more moral, for Rousseau is psychological) Contrasts with society - Social virtue/vice, cultivated in community (moral distinction) - Mutual dependence, exploitation, oppression 1)[depend on each other to live, none of us can live isolated and take care of ourselves, so we live dependently on the society 2) [then even everyone needs to depend on others, there will be a problem of exploitation. Because someone is in the privilege status…] - Inequality (wealth, status, power) - Drive for distinction/ superiority: derive our self-worth and self-esteem from the eyes of others. To seek for the distinction and superiority. Rousseau thinks we should derive the self-esteem from our authenticity, in others’ eyes that is conformism. State of nature in social contact men are NOT naturally enemies, because they live in their original state of independence do not have self-sufficiently constant relationship among themselves to bring about either a state of peace or a state of war From state of nature to society—why leave the state of nature? Necessity: ‘I suppose that men have reached the point where obstacles that are harmful to their maintenance in the stat of nature gain the upper hand by their resistance to the forces that each individual can bring to bear to maintain himself in the state, such being the case, that original state cannot subsist any longer, and the human race would perish if it did not alter its mode if existence’ Rousseau didn’t elaborate clearly what the state is about, but it’s roughly a state that we cannot be self-sufficient, maybe the population grows and the scarcity…then we increase the interaction between each other, in the situation that we encounter each other more and more, we discover the inequality, and weaken the drives of build the esteem in the eyes of others. Rousseau is more concerned with explaining how we might be free in political society, than to explain why the institution was arose.(for some reason we institute the society :) Civilization = slavery ‘Aristotle: some people are naturally slaves, and some are born to be dominate. Rousseau: Aristotle is right, but he took the effect for the cause. Every man born in slavery is born for slavery; nothing is more certain. In their chains, slaves lose everything, even the desire to escape. If there are slaves by nature, it is because there have been slaves contrary to nature. Force has produced the first slaves; their cowardice 怯懦 has perpetuated 使永久 them. Slaves are rose to be slaves. ‘civilized man is born and dies a slave. All his life is imprisoned by our institutions. We live in the eyes of others to seek for self-esteem, and do what the society wants us to do. Social contract in second discourse Social contract as institutionalization of relations of dependence, for the benefit of the privileged class (两个贵族骑在农民头上) Institution of authority, right, and property as a ruse, a trick: a solution to a Hobbesian problem but one that leads to repression and exploitation Q: is there a conceivable way to legitimate political authority? Make it equal? On the social contract How is a legitimate political order even conceivable? Central question: ‘whether there can be some legitimate and sure and secure rule of administration in the civil order, taking men as they are and law as they might be.’ ‘man is born free, and everywhere he is in chain. He who believes himself the master of others does not escae being more of a slave than they. 人是生而自由,却无往不在枷锁之中。自以为是其他一切的主人的人,反而比其他一切更 是奴隶. 在自由状态下, 人与人之间处于一种隔绝孤立的状态,不存在任何人与人之间的联系。 这种情况下,人们之间不会发生意志上的屈服,也就拥有自己的自由。 这里的自然状态 下的自由是一种【不发生意志上的屈服的自由】, 所以卢梭眼中的不自由是一种【个体 在意志上依附于人】人在进入社会之后,不可避免地由于财富地位生存而对他人产生依 附。 即是是农民背上的贵族,他们以为自己是 master,但实际上也是依附于农民的 slave, they cannot sustain themselves Desiderata for a solution Explain the difference between right and might - The difference between force and legitimate power. To give in to force is an act of necessity, not of will (霍布斯说人不得不往水里扔东西去救自己的命是 will) Conceive political power as conventional, not natural Respect our human dignity by securing liberty. - Slaver and right are mutually exclusive - Renouncing one’s liberty is renouncing one’s dignity as a man, the rights of humanity and even its duties. An appropriate institution account for securing our dignity by securing our liberty. How to reconcile freedom and authority Social contract It is an act of self-transformation: The individual becomes both - Citizen (member of ‘sovereign’) participant in making the laws - Subject (owing obedience to the law) bound by law [you are co-legislator/coauthor of the law] The multitude becomes a ‘people’ - General will—expressed by law - Popular sovereignty: the sovereignty is ALL of us together. Hobbes: sovereignty is the REPRESENTATIVE of the people. One agency’s voice is the law. Not all the participants have the right to make the law ‘At once, in place of the individual person of each contracting party, this act of association produces a moral and collective body composed of as many as members as there are voices in the assembly the state is the totality of person, each one can have a voice to say what the law should be. Vote and decide which receives from this same act its unity, its common self. Its life, and its will. This public person (the collective of all of us)… takes the name republic or body politic. Called state by its members when it is passive Called sovereign when it is active, to see what to be done, what not Called power when compared to others like itself-international relationship. As for the associates, they collectively take the name people Individually they are called citizens As they are participants in the sovereign authority They are subjected to the law of the state Social contract You become a member of society by unanimous agreement (consent) to transfer yourself into the two identities: citizen & subject Agreement to what? the total alienation of each associate together with all of his rights to the entire community, which is, the transformation. Your nature right is exchanged for your political right that the community grants you as a whole. We give up ALL of our nature rights (Locke: we retained some of our rights and our property, our body. Hobbes: we give up all power to the particular sovereign instead of the collective of all of us) each of us place his person and all his power in common under the supreme direction of the general will and as one we receive each member as an indivisible part of the whole. We regard each other as citizens/colegislators/equal in the community. in giving himself to all, each person gives himself to no one. the total alienation of each associate, together with all of his rights to the entire community. Locke: transfer with reservation, Rousseau: transfer without reservation ♣ So: how is it that in giving oneself to the community, one obeys only oneself? ‘general will’ we make the law by ourselves, so we are obeying our own will ♣ people can be forced to be free? Every man as a subject, don’t want to pay the tax (private will contrary to the general) but you are forced to obey your will as a citizen—the law LIBERTY ♣Natural liberty: unbound, independent, master of oneself (in the state of nature) ♣Civil liberty: not bound by the particular will of others; space to move within legal bounds ♣Moral liberty being the author of the law ‘makes man truly the master of himself. For to be driven by appetite alone is slavery and obedience to the law one has prescribed for oneself is liberty. Obey your passion is slavery. Only obey the law you set for yourself is the real free and selfgoverning. Autonomy. Acting rationally. Positive law, made by the quote of general will