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Of its broad meaning, however, there can be no doubt
The point in Rousseau’s theory of Sovereignty that offers most difficulty is his view (Book II, chap https://loansolution.com/title-loans-mo/, vii) that, for every State, a Legislator is necessary. We shall understand the section only by realising that the legislator is, in fact, in Rousseau’s system, the spirit of institutions personified; his place, in a developed society, is taken by the whole complex of social custom, organisation and tradition that has grown up with the State. This is made clearer by the fact that the legislator is not to exercise legislative power; he is merely to submit his suggestions for popular approval. Thus Rousseau recognises that, in the case of institutions and traditions as elsewhere, will, and not force, is the basis of the State.
This may be seen in his treatment of law as a whole (Book II, chap, vi), which deserves very careful attention. He defines laws as “acts of the general will,” and, agreeing with Montesquieu in making law the “condition of civil association,” goes beyond him only in tracing it more definitely to its origin in an act of will. The Social Contract renders law necessary, and at the same time makes it quite clear that laws can proceed only from the body of citizens who have constituted the State. “Doubtless,” says Rousseau, “there is a universal justice emanating from reason alone; but this justice, to be admitted among us, must be mutual. ” Of the law which set up among men this reign of mutual justice the General Will is the source.
The difficulty is increased because Rousseau himself sometimes halts in the sense which he assigns to it, and even seems to suggest by it two different ideas
We thus come at last to the General Will, the most disputed, and certainly the most fundamental, of all Rousseau’s political concepts.