The Social Contract · Chapter
The Legislator explained
Rousseau argues that discovering the best rules of society requires a superior intelligence—a legislator—who can change human nature, transform individuals into parts of a greater whole, and establish institutions without holding sovereign
What happens
Rousseau argues that discovering the best rules of society requires a superior intelligence—a legislator—who can change human nature, transform individuals into parts of a greater whole, and establish institutions without holding sovereign power. The legislator must be an extraordinary figure, neither magistrate nor sovereign, who draws up laws but leaves their approval to the people. Since the common people cannot always grasp wise principles, the legislator often resorts to divine authority to persuade without force, as seen in the founding of ancient nations.
Themes in this chapter
The Role of the Legislator
The legislator is an extraordinary figure who designs institutions and changes human nature, but holds no sovereign power.
The General Will
Only the general will can bind individuals, and the people cannot alienate their right to approve laws.
Sovereignty and Government
The legislator's office is distinct from sovereignty and magistracy; the people retain the right of legislation.
Characters to notice
- Jean-Jacques Rousseau
Author of the chapter, presenting the theory of the legislator as a superior intelligence needed to frame laws.
- Caligula
Cited as an example of arguing from facts about the need for gods to give laws.
- Plato
Referenced for defining the civil or kingly man in the dialogue Politicus.
- Montesquieu
Quoted on the idea that rulers of republics establish institutions, and then institutions mould the rulers.
- Lycurgus
Mentioned as an example of a legislator who resigned the throne before giving laws.
- Muhammad
Referenced as the founder of the law of the child of Ishmael, which has ruled half the world for ten centuries.
Key passages
“It would take gods to give men laws.”
Only divine beings could create laws suitable for humanity.
Rousseau emphasizes the near-impossible task of legislation.
“He who dares to undertake the making of a people's institutions ought to feel himself capable, so to speak, of changing human nature.”
The legislator must be able to transform individuals from solitary beings into parts of a larger community.
The legislator's role involves a profound alteration of human character.
“The legislator is the engineer who invents the machine, the prince merely the mechanic who sets it up and makes it go.”
The legislator designs the political system, while the prince only operates it.
Rousseau distinguishes between the creative role of the legislator and the executive role of the prince.
“Wise men, if they try to speak their language to the common herd instead of its own, cannot possibly make themselves understood.”
Philosophers cannot communicate abstract ideas directly to the people; they must use accessible language.
This explains why legislators often resort to divine authority to persuade the populace.