display all the ideas for this combination of texts
5 ideas
| 19819 | The state ensures liberty, so civil law separates citizens, and binds them to the state [Rousseau] |
| Full Idea: The relationship of members to each other should be as small as possible, and as large as possible to the entire body. ...Only the force of the state brings about the liberty of its members. From this relationship civil laws arise. | |
| From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.12) | |
| A reaction: I'm guessing that these laws could be said mainly to prescribe both our rights and our duties. His four types of law are political, civil, criminal, and customary. |
| 7245 | Natural justice, without sanctions, benefits the wicked, who exploit it [Rousseau] |
| Full Idea: The laws of natural justice, lacking any natural sanctions, are unavailing among men. In fact, such laws merely benefit the wicked and injure the just, since the just respect them while others do not do so in return. | |
| From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.06) | |
| A reaction: This seems a very accurate observation, and points us towards either contracts, or a justification of the use of force by good people. |
| 19809 | We accept the death penalty to prevent assassinations, so we must submit to it if necessary [Rousseau] |
| Full Idea: Whoever wills the end also wills the means. ...The death penalty inflicted on criminals can be viewed from more or less this point of view. It is in order to avoid being the victim of an assassin that a person consents to die, were he to become one. | |
| From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.05) | |
| A reaction: This seems to be roughly the spirit in which Socrates submitted to his death. I doubt whether many criminals agree with harsh punishments dished out to other criminals who get caught. |
| 19810 | A trial proves that a criminal has broken the social treaty, and is no longer a member of the state [Rousseau] |
| 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. | |
| From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.05) | |
| 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. |
| 19811 | Only people who are actually dangerous should be executed, even as an example [Rousseau] |
| Full Idea: There is no wicked man who could not be made good for something. One has the right to put to death, even as an example, only someone who cannot be preserved without danger. | |
| From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.05) | |
| A reaction: This formulation implies that we could execute a dangerous person as a deterrent, even though they were not guilty of this particular crime. I suspect that Rousseau was too nice to go through with that. |