The Social Contract · Chapter
XI: The Various Systems of Legislation explained
Rousseau argues that the greatest good of all, the end of every system of legislation, reduces to two main objects: liberty and equality.
What happens
Rousseau argues that the greatest good of all, the end of every system of legislation, reduces to two main objects: liberty and equality. He defines equality not as absolute identity of power and riches, but as the absence of violence and the prevention of extreme wealth or poverty. He notes that while equality may be an ideal, legislation must constantly work to maintain it against the natural tendency of circumstances to destroy it. He then explains that these general objects must be adapted to each country's local situation, climate, and inhabitants, giving examples of how different circumstances call for different emphases (e.g., agriculture, commerce, war, or virtue). Finally, he warns that if a legislator mistakes the proper object for a nation, the laws will lose influence and the state will face instability until it is destroyed or changed.
Themes in this chapter
Liberty and Equality
Rousseau identifies liberty and equality as the two main objects of every system of legislation, explaining that liberty cannot exist without equality.
The Role of the Legislator
Rousseau discusses how the legislator must adapt general principles to local circumstances, and warns of the consequences if the legislator mistakes the proper object for a nation.
Characters to notice
- Jean-Jacques Rousseau
Author of the chapter, presenting his views on the ends of legislation and the need for adaptation to local circumstances.
- Montesquieu
Referenced as the author of 'The Spirit of the Laws', which showed how the legislator directs the constitution towards various objects.
Key passages
“If we ask in what precisely consists the greatest good of all, which should be the end of every system of legislation, we shall find it reduce itself to two main objects, liberty and equality—liberty, because all particular dependence means so much force taken from the body of the State, and equality, because liberty cannot exist without it.”
The ultimate goal of any legal system is the greatest good for all, which boils down to two things: liberty and equality. Liberty is essential because any form of personal dependence weakens the state, and equality is necessary because liberty cannot survive without it.
Rousseau's core thesis on the ends of legislation.
“Such equality, we are told, is an unpractical ideal that cannot actually exist. But if its abuse is inevitable, does it follow that we should not at least make regulations concerning it? It is precisely because the force of circumstances tends continually to destroy equality that the force of legislation should always tend to its maintenance.”
Some argue that equality is an unattainable ideal, but just because it can be abused doesn't mean we shouldn't regulate it. In fact, because circumstances constantly erode equality, laws should constantly work to preserve it.
Rousseau defends the practical necessity of striving for equality through legislation.
“But these general objects of every good legislative system need modifying in every country in accordance with the local situation and the temper of the inhabitants; and these circumstances should determine, in each case, the particular system of institutions which is best, not perhaps in itself, but for the State for which it is destined.”
The general goals of good legislation must be adapted to each country's specific conditions and the character of its people. These factors should decide the best system of institutions for that particular state, even if it wouldn't be best for another.
Rousseau emphasizes the importance of tailoring laws to local circumstances.
“What makes the constitution of a State really solid and lasting is the due observance of what is proper, so that the natural relations are always in agreement with the laws on every point, and law only serves, so to speak, to assure, accompany and rectify them.”
A state's constitution becomes truly stable and enduring when it respects what is fitting, ensuring that natural relationships align with the laws, and the laws merely support, guide, and correct those relationships.
Rousseau's principle of harmony between natural relations and laws.