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卢梭观点： 立法者义务

Recognizing the dilemmas associated with instituting a system of laws in a

new society, Rousseau places most of the burden on the Legislator. It becomes

the Legislator’s duty to guide the people towards the common good. However,

pointing the people in the direction of the common good will not just come as a

result of the Legislator’s high intellect nor his sound reasoning ability.

Instead, the Legislator will have to appeal to a higher force, that the people

are more comfortable with and trusting of. Rousseau states, since, therefore,

the legislator is incapable of using either force or reasoning, he must of

necessity have recourse to an authority of a different order, which can compel

without violence and persuade without convincing. In this passage Rousseau is

referring to the use of religion as an instrument of politics. Religion becomes

a means of motivating people to subject themselves willingly to the law. It

appeals to the man’s primitive instinct of survival. Motivation arises out of

the fear and awe people have of divine power over them. They not only see the

potential of civil sanctions, but they also the fear heavenly retribution.

Likewise, they see compliance with the law as a means of receiving favor and

blessing of God. According to one author, religion remedies the effect the

cognitive deficit the Legislator encounters with a new people.

卢梭观点： 社会和法律

Should we obey an unjust law? According to the theory of Jean-Jacques

Rousseau, 18th century French political philosopher, in a democratic society the

state represents the general will of the citizens, and that in obeying its laws

each citizen is pursuing his own real interests. Thus, in an ideal state, laws

express the general will. An individual who disagrees with a law must be failing

to look at things from the moral standpoint. Rousseau is talking about an ideal

state where laws express people’s general will, a will that aims at the common

good. But the question is: are we living in an ideal state and do all the laws

of our land express the common will of the people and should we obey all the

laws even if they are unjust? The answer to this question can be different for

different people.

卢梭观点： 公民信仰

Rousseau calls for people to adhere to civil religion. He asserts that it is

the Sovereign’s duty to require a purely civil profession of faith and to

establish the dogmas of a civil religion. Furthermore, the Sovereign can banish

any man who does not believe these tenets. However, one is not banished for

being impious, but rather, for being unsociable. Keeping this in mind, one can

address the reasons why Rousseau feels a civil religion is necessary. For

Rousseau, this type of religion motivates people in two distinct ways. First of

all, for people in emerging societies, it creates fear and awe of a power larger

than the state. Rousseau characterizes people in these new societies as

incapable of understanding the real purpose and principles of law. In turn, he

fears that the ignorance of the masses will interfere with their obedience of

civil law.

卢梭观点： 法律与公民信仰

Rousseau suggests that civil religion will create an invariable bond between

people and the law. According to Rousseau, the law, by its very nature has

force. However, when linked to religion this force is increased. It is evident

that one will have duties in society regardless of the presence

of religion. Simply put, they are requirements of civil association. However,

it is not required that citizens love these duties. This is where civil religion

fits in. It is a means of creating the love people have for their duties and

moral responsibilities. This love of the law is unlike that created by the

religion of the citizen. While both provide a strong link between the individual

and the law, a civil religion does not turn the state into the object of

adoration. Nor does a civil religion emphasize intolerance. In fact it

emphasizes just the opposite point of view. Rousseau states, tolerance should be

shown to all those that tolerate others, so long as their dogmas contain nothing

contrary to the duties of a citizen. In turn, the Sovereign is not concerned

with whether or not the dogmas of the civil religion are right or wrong but

instead with the moral, social, and political consequences it brings forth.

Clearly, one can see that Rousseau takes seriously the function of religion in

society. He outlines four very different types of religions in his texts but

calls for adherence to only one, civil religion. He sees this type of religion

as serving a motivating function. For people in emerging societies who are

unable to understand the purpose of law, civil religion motivates them to obey

out of fear. For those in developed societies, the motivation to obey the laws

comes from a love and devotion to the law.