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Single Idea 19856

[filed under theme 24. Political Theory / B. Nature of a State / 2. State Legitimacy / d. General will ]

Full Idea

The law is the expression of the general will. All citizens have the right to take part in person or through their representatives in its formulation. It must be the same for all, whether it protects or whether it punishes.

Gist of Idea

The law expresses the general will, and all citizens can participate

Source

Mirabeau and committee (Declaration of the Rights of Man [1789], 06)

Book Ref

'Les Philosophes', ed/tr. Torrey,Norman L. [Perigee 1980], p.285


A Reaction

Now you are wondering who qualifies as a 'citizen'. Rousseau would have been excited until he found that the citizens could send 'representatives', instead of voting themselves. Rousseau aimed at foundational laws, not all of the laws.


The 8 ideas from Mirabeau and committee

The purpose of society is to protect the rights of liberty, property, security and resistance [Mirabeau/committee]
All citizens are eligible for roles in the state, purely on the basis of merit [Mirabeau/committee]
The law expresses the general will, and all citizens can participate [Mirabeau/committee]
No one should be molested for their opinions, if they do not disturb the established order [Mirabeau/committee]
Free speech is very precious, and everyone may speak and write freely (but take responsibility for it) [Mirabeau/committee]
Everyone must contribute to the state's power and administration, in just proportion [Mirabeau/committee]
There is only a constitution if rights are assured, and separation of powers defined [Mirabeau/committee]
Property is a sacred right, breached only when essential, and with fair compensation [Mirabeau/committee]