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Single Idea 19810
[filed under theme 25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
]
Full Idea
The legal proceeding and judgement are the proofs and the declaration that a criminal has broken the social treaty, and consequently that he is no longer a member of the state.
Gist of Idea
A trial proves that a criminal has broken the social treaty, and is no longer a member of the state
Source
Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.05)
Book Ref
Rousseau,Jean-Jacques: 'The Basic Political Writings', ed/tr. Cress,Donald A. [Hackett 1987], p.159
A Reaction
This seems to be a plausible rationalisation of capital punishment, but what about lesser crimes. Is the interior of a prison a sort of temporary exile from the state? Hence the significance of whether prisoners are allowed to vote. But 19811.
Related Idea
Idea 19811
Only people who are actually dangerous should be executed, even as an example [Rousseau]
The
86 ideas
from 'The Social Contract (tr Cress)'
20501
|
Rousseau assumes that laws need a people united by custom and tradition
[Rousseau, by Wolff,J]
|
20567
|
Rousseau insists that popular sovereignty needs a means of expressing consent
[Rousseau, by Oksala]
|
7233
|
The social order is a sacred right, but based on covenants, not nature
[Rousseau]
|
7232
|
Man is born free, and he is everywhere in chains
[Rousseau]
|
19790
|
Force can only dominate if it is seen as a right, and obedience as a duty
[Rousseau]
|
7234
|
No man has any natural authority over his fellows
[Rousseau]
|
7235
|
Without freedom of will actions lack moral significance
[Rousseau]
|
19791
|
Natural mankind is too fragmented for states of peace, or of war and enmity
[Rousseau]
|
7236
|
War gives no right to inflict more destruction than is necessary for victory
[Rousseau]
|
7237
|
The act of becoming 'a people' is the real foundation of society
[Rousseau]
|
7238
|
Minorities only accept majority-voting because of a prior unanimous agreement
[Rousseau]
|
19794
|
If we all give up all of our rights together to the community, we will always support one another
[Rousseau]
|
19792
|
To overcome obstacles, people must unite their forces into a single unified power
[Rousseau]
|
7239
|
The social pact is the total subjection of individuals to the general will
[Rousseau]
|
19793
|
We need a protective association which unites forces, but retains individual freedom
[Rousseau]
|
7240
|
To foreign powers a state is seen as a simple individual
[Rousseau]
|
19795
|
The act of association commits citizens to the state, and the state to its citizens
[Rousseau]
|
19797
|
Citizens must ultimately for forced to accept the general will (so freedom is compulsory!)
[Rousseau]
|
19796
|
Individual citizens still retain a private will, which may be contrary to the general will
[Rousseau]
|
7241
|
In society man loses natural liberty, but gains a right to civil liberty and property
[Rousseau]
|
7242
|
Appetite alone is slavery, and self-prescribed laws are freedom
[Rousseau]
|
19800
|
The social compact imposes conventional equality of rights on people who may start unequally
[Rousseau]
|
19799
|
Private property must always be subordinate to ownership by the whole community
[Rousseau]
|
19798
|
Ancient monarchs were kings of peoples; modern monarchs more cleverly rule a land
[Rousseau]
|
7243
|
Silence of the people implies their consent
[Rousseau]
|
19801
|
Sovereignty is the exercise of the general will, which can never be delegated
[Rousseau]
|
7244
|
The general will is common interest; the will of all is the sum of individual desires
[Rousseau]
|
19802
|
The general will is always right, but the will of all can err, because it includes private interests
[Rousseau]
|
19803
|
If the state contains associations there are fewer opinions, undermining the general will
[Rousseau]
|
19804
|
If a large knowledgeable population votes in isolation, their many choices will have good results
[Rousseau]
|
19808
|
The general will changes its nature when it focuses on particulars
[Rousseau]
|
19805
|
Just as people control their limbs, the general-will state has total control of its members
[Rousseau]
|
19807
|
Both nature and reason require that everything has a cause
[Rousseau]
|
19806
|
We alienate to society only what society needs - but society judges that, not us
[Rousseau]
|
19809
|
We accept the death penalty to prevent assassinations, so we must submit to it if necessary
[Rousseau]
|
19810
|
A trial proves that a criminal has broken the social treaty, and is no longer a member of the state
[Rousseau]
|
19811
|
Only people who are actually dangerous should be executed, even as an example
[Rousseau]
|
7245
|
Natural justice, without sanctions, benefits the wicked, who exploit it
[Rousseau]
|
7246
|
The general will is always good, but sometimes misunderstood
[Rousseau]
|
19812
|
Human nature changes among a people, into a moral and partial existence
[Rousseau]
|
19814
|
A state must be big enough to preserve itself, but small enough to be governable
[Rousseau]
|
19815
|
Too much land is a struggle, producing defensive war; too little makes dependence, and offensive war
[Rousseau]
|
19816
|
A state's purpose is liberty and equality - liberty for strength, and equality for liberty
[Rousseau]
|
7247
|
The greatest social good comes down to freedom and equality
[Rousseau]
|
7248
|
No citizen should be rich enough to buy another, and none so poor as forced to sell himself
[Rousseau]
|
19819
|
The state ensures liberty, so civil law separates citizens, and binds them to the state
[Rousseau]
|
19817
|
Citizens should be independent of each other, and very dependent on the state
[Rousseau]
|
19818
|
Political laws are fundamental, as they firmly organise the state - but they could still be changed
[Rousseau]
|
19822
|
If the state enlarges, the creators of the general will become less individually powerful
[Rousseau]
|
19823
|
If the population is larger, the government needs to be more powerful
[Rousseau]
|
19820
|
The state has a legislature and an executive, just like the will and physical power in a person
[Rousseau]
|
19821
|
I call the executive power the 'government', which is the 'prince' - a single person, or a group
[Rousseau]
|
19824
|
Large populations needs stronger control, which means power should be concentrated
[Rousseau]
|
19826
|
Democracy for small states, aristocracy for intermediate, monarchy for large
[Rousseau]
|
19825
|
If the sovereign entrusts government to at least half the citizens, that is 'democracy'
[Rousseau]
|
19827
|
Law makers and law implementers should be separate
[Rousseau]
|
19828
|
Democracy leads to internal strife, as people struggle to maintain or change ways of ruling
[Rousseau]
|
19829
|
Natural aristocracy is primitive, and hereditary is dreadful, but elective aristocracy is best
[Rousseau]
|
7249
|
Natural aristocracy is primitive, hereditary is bad, and elective aristocracy is the best
[Rousseau]
|
19830
|
Large states need a nobility to fill the gap between a single prince and the people
[Rousseau]
|
19831
|
The highest officers under a monarchy are normally useless; the public could choose much better
[Rousseau]
|
19833
|
Hereditary monarchy is easier, but can lead to dreadful monarchs
[Rousseau]
|
19834
|
Attempts to train future kings don't usually work, and the best have been unprepared
[Rousseau]
|
19832
|
Democratic elections are dangerous intervals in government
[Rousseau]
|
19835
|
When ministers change the state changes, because they always reverse policies
[Rousseau]
|
19836
|
The amount of taxation doesn't matter, if it quickly circulates back to the citizens
[Rousseau]
|
19837
|
If inhabitants are widely dispersed, organising a revolt is much more difficult
[Rousseau]
|
19838
|
The measure of a successful state is increase in its population
[Rousseau]
|
19839
|
The flourishing of arts and letters is too much admired
[Rousseau]
|
7250
|
Laws are authentic acts of the general will
[Rousseau]
|
19840
|
A citizen is a subject who is also sovereign
[Rousseau]
|
7251
|
The English are actually slaves in between elections
[Rousseau]
|
19841
|
Sometimes full liberty is only possible at the expense of some complete enslavement
[Rousseau]
|
19843
|
The state is not bound to leave civil authority to its leaders
[Rousseau]
|
19842
|
The government is instituted by a law, not by a contract
[Rousseau]
|
19844
|
Assemblies must always confirm the form of government, and the current administration
[Rousseau]
|
19846
|
The more unanimous the assembly, the stronger the general will becomes
[Rousseau]
|
19847
|
We can never assume that the son of a slave is a slave
[Rousseau]
|
19848
|
The sovereignty does not appoint the leaders
[Rousseau]
|
19851
|
Every society has a religion as its base
[Rousseau]
|
19849
|
In early theocracies the god was the king, and there were as many gods as nations
[Rousseau]
|
7252
|
A tyrant exploits Christians because they don't value this life, and are made to be slaves
[Rousseau]
|
19850
|
By separating theological and political systems, Jesus caused divisions in the state
[Rousseau]
|
19852
|
Civil religion needs one supreme god, an afterlife, justice, and the sanctity of the social contract
[Rousseau]
|
19853
|
All religions should be tolerated, if they tolerate each other, and support citizenship
[Rousseau]
|
23607
|
Wars are between States, not people, and the individuals are enemies by accident
[Rousseau]
|