The Social Contract · Chapter
XII: The Division of the Laws explained
Rousseau categorizes laws into four types: political (fundamental) laws governing the relation of Sovereign to State, civil laws governing relations among members, criminal laws as sanctions, and most importantly, moral laws of custom and p
What happens
Rousseau categorizes laws into four types: political (fundamental) laws governing the relation of Sovereign to State, civil laws governing relations among members, criminal laws as sanctions, and most importantly, moral laws of custom and public opinion that form the true constitution of the State.
Themes in this chapter
The Role of the Legislator
The legislator secretly concerns himself with manners and morals, which form the keystone of the State.
Decline and Corruption of the State
Moral laws take on new powers when other laws decay or die out, restoring them.
Characters to notice
- Jean-Jacques Rousseau
Author and narrator, presenting the division of laws.
Key passages
“I am speaking of morality, of custom, above all of public opinion; a power unknown to political thinkers, on which none the less success in everything else depends.”
Rousseau emphasizes that morality, custom, and public opinion are the most crucial yet overlooked forces shaping the State's success.
Highlights the importance of unwritten laws.
“With this the great legislator concerns himself in secret, though he seems to confine himself to particular regulations; for these are only the arc of the arch, while manners and morals, slower to arise, form in the end its immovable keystone.”
The legislator secretly cultivates public morals, which are the true foundation of the State, while outwardly focusing on specific laws.
Illustrates the legislator's dual role.