An Interpretation Of The Legislators In Rousseau 's Theory

Liberty is a God-given gift,which is more important than life. Rousseau called it as the human quality.The tension of liberty and dependence was the problem Rousseau focused on solving by political and economic principles. He wanted to make people get rid of the mutual dependency between each other.Natural state of liberty was the best time when people depended only on the nature and were equality and independent.With the decline of the natural state,people transferred all rights to enter the society by a contract in order to overcome adversity.All individuals jointed together to form the Community.But there was a problem that how social status of people liked the same relationship as the natural state.Rousseau advocated that it needed the rule of law.If you wanted people to get the greatest liberty, people should become the real legislators who were not only the right sense of the fact but also should be sensed.The legislators voted on draft laws in the legislation process. But the right to draft the law, not to be exercised by the people while the Gentiles-the lawgiver. In the legislation process, the god lawgiver seemed contrary to the principles of legislation. However, it is inevitable in Rousseau’s theory.The lawgiver made the transformation of humanity when people were from the state of nature to the social state. In order to avoid a theory embarrassment named shepherd, Rousseau abandoned the idea of classical lawgiver and pointed out the lawgiver have no legislative power.Legislative power included the law of development and maintenance.For legislation, this article attempts to point out Rousseau advocated the direct democracy in little countries and being agents in the big countries.But the starting point of both is the same that legislative power only belongs to the people. Legislative power can not be representative of others and the law should only express the will of the people.In Rousseau’s theory, the will of the people is the general will.Legislator’s legislative process is to seek and find the general will.Equality laws also stem from the universality of the subject of consensual universality and objects.Rousseau’s theory is often misread because the general will is abstract. Individuals in the community not only have the selfish as a natural person, but also have the general will as a citizen.The formation of the general will was the process of eliminating the selfish. Rousseau pointed out that the formation of the general will mainly through regular meetings and election.The legislators considered the public interest after a considerable sufficient information and not been in discussion with each other.Resulting in a large number of different understanding of public affairs, general will hidden in them.