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Society and Government:
Which is the Cart and Which is the Horse?
1. Political unions rule our lives; religion rules our souls. So long as both exist, a balance must be struck between them. James Madison, in “Federalist Paper Number 10” and “A Memorial and Remonstrance against Religious Assessments,” and Jean-Jacques Rousseau, in The Social Contract, each tries to determine this balance, yet they come to vastly different conclusions. While Madison believes religious freedom is essential, Rousseau cares little for it and instead argues that the government should establish requirements for its citizens’ religious beliefs. It may be tempting to explain the difference between Madison and Rousseau as an argument over the relative importance of societal
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interests and individual rights. Upon closer, examination, however, that explanation is insufficient. Rather, the source of Madison and Rousseau’s dispute stems from a more fundamental disagreement over the relationship between a society and its government. Madison thinks that society creates government, so government is limited to maintaining society and its members opinions as they stand; Rousseau, meanwhile, believes that a government creates a society and therefore has the responsibility to determine the structure of society and opinions of its members that will be most durable. Madison and Rousseau’s conflicting views on whether society leads to government or government leads to society are directly responsible for their conflicting views on the appropriateness of a state religion. 2. Both Madison and Rousseau address the power the government should wield over its citizens’ religious practices, but they differ vastly on how that power should be limited. Madison believes that government has no jurisdiction over its citizens’ religious beliefs. When describing the power that society has over its members, Madison says that a person’s duty to a Creator is “precedent both in order of time and degree of obligation” to the laws of society. Therefore, he adds, “Religion is wholly exempt” from any societal mandates (MMR, 22). According to Madison, since people first decide how to worship their god and only then join society, religious affiliation is outside the purview of society’s power. Therefore, the government cannot write laws dictating religious beliefs. 3. Rousseau, however, believes that the government should mandate certain religious beliefs. While a religion’s specific laws and beliefs are not open to state review, religious dogmas that “relate to morality and to the duties which the one who professes them is bound to fulfill toward others” are subject to government power (R, 102). Religious beliefs that regulate a person’s interactions with society are open to government influence. Therefore, he says, the government should require citizens to subscribe to a “civil religion” that does not prescribe specific actions but rather contains certain required “dogmas” (R, 102). If the citizen refuses, the government should “banish” him (R, 102). Thus, Rousseau argues for government-mandated religious beliefs that if not followed result in the citizen being excluded from the society. This is in stark contrast to Madison’s assertion that government does not even have the jurisdiction to dictate religious beliefs. 4. The most intuitive explanation for this difference between Rousseau and Madison is that Madison believes individual rights are more important than the overall benefit to society, while Rousseau holds that society’s interests reign supreme. When explaining how individuals gather to form a society, Rousseau makes clear that it involves “the total alienation of each associate, together with all of his rights, to the entire community” (R, 24). Rousseau believes that the individual has absolutely no rights, because he forfeits them to the interests of society. 5. Madison, in contrast, is focused on developing a government that protects these individual interests. Madison writes that his proposed governmental structure is best because it will mitigate the negative effects of “factions.” Significantly, the danger of these factions—specific groups of people with a shared interest—is that they could make policy decisions to trample on the individual rights of others not in the faction. Madison says, “the great object to which our inquiries are directed” includes securing “private rights against the danger of such a faction” (MFP, 132). To Madison, the reason for creating a government that overcomes the dangers of factions is that it will better preserve individual rights. Thus, Madison appears to give individual rights his primary interest. 6. While the preceding analysis does indicate a disparity between Madison and Rousseau on the importance of individual rights, it is not sufficient to explain their disagreement regarding the government’s power over religious beliefs. Were the disagreement solely based upon differing priorities over state and individual interests, we should expect Madison and Rousseau to agree what those interests are, and only argue how best to weight them. Differing priorities on society and individuals should not affect the underlying estimation of religious freedom’s impact on society; it should only affect what they do with the impact. This, however, is not the case. Instead, Madison disagrees with Rousseau even on the societal impact of religious freedom. 7.
Rather than consider full religious freedom detrimental to society, Madison actually believes it vital for government and society to function. He states that a fair government “will be best supported by protecting every citizen in the enjoyment of his religion” (MMR, 25). Madison here says that the best way for government to function properly is to ensure that everyone have equal right to decide his or her own religion. Moreover, Madison adds that keeping government out of religion protects society from polarization and strife. He claims that establishing a government-supported religion would destroy the “moderation and harmony” that religions develop if there is no government religion (MMR 25). To Madison, government control over religion serves to make religion less moderate and more likely to result in conflict. In contrast, providing religious freedom mitigates any religious conflict that does arise. Madison states, “Equal and complete liberty … destroys [religious discord’s] malignant influence on the health and prosperity of the State” (MMR, 25). According to Madison, freedom of religion preserves the wellbeing of society. Thus, Madison believes freedom of religion protects not only individuals’ rights, but also societal interests.
8. Rousseau, on the other hand, believes that religion needs to be limited for society to function. Rousseau explains that his state-mandated religious beliefs include lack of intolerance because “whenever theological intolerance is allowed,
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it is impossible for it not to have some civil effect.” For Rousseau, unlimited right to religious beliefs allows intolerance, which are inevitably detrimental to society. Thus, Rousseau and Madison already diverge on the issue of whether religious freedom is beneficial to society, a disagreement that has no relevance to the question of . 9. A more fundamental point of departure between Madison and Rousseau is their conceptions of the relationship between government and society. In repudiating the government’s ability to regulate religion, Madison describes government as “the creatures and vicegerents of [society]” (MMR, 22). In other words, government is, in essence, the agent through which society wields its power. Society can also use government if it is antecedent to the government. Furthermore, he adds that government is instituted to “secure and perpetuate” the “public liberty” (MMR, 25). It is designed to preserve society’s liberty, not to create society. Again, it is impossible to liberate society or keep it free unless society already exists. Thus, according to Madison, society creates government as a tool to accomplish its interests. 10.
Rousseau, in contrast, believes that the creation of government leads to the creation of society. According to Rousseau, each subject first “places his person and all his power under the supreme direction of the general will” (R, 24). The citizens first become subject to decisions by a governmental force—the general will. Rousseau then continues that it is “this act of association” that “produces a moral and collective body” (R, 24). The collective body, society, forms because of the creation of the governmental force. From this reasoning, it is clear that unlike Madison, Rousseau believes that government creates society, not the other way
around. 11. According to Rousseau, government is needed to create a society. Therefore, he must logically conclude that government has the power and responsibility to make laws that ensure the stability and cohesiveness of the society it is creating. This explains Rousseau’s view on state religion perfectly. To him, the propriety of state religion hinges on the question of whether it is more likely to perpetuate society or undermine it. Therefore, he rejects state-mandated paganism on the narrow grounds that it makes the state more likely to get into conflict with other states (R, 100) and rejects state-mandated Christianity because it is too meek to effectively keep control (R, 100-101). In both these cases, his primary consideration is a government structure that will bring society together in stable manner. This further elucidates Rousseau’s mandate for a specific religious test. The test is designed to ensure that the members included in society will contribute to the cohesiveness of society. This aligns with Rousseau’s belief that government institutes society because as such, it may include within it only members it deems will be conducive to societal stability. As seen here, to Rousseau, the logical result of government’s responsibility to create society is that it mandates religious beliefs that will create the best society. 12. Madison, in contrast, is working on the assumption that government is created by an already existing society. In this case, it is not possible for government simply to “banish” undesirables from the society. Its mandate is to preserve the stability of the existing society, not create an alternate one. Therefore, laws cannot threaten the stability of the society as it is. According to Madison, a state religion would “slacken the bands of Society” (MMR, 26). Trying to change the religious beliefs of some people who are already members of society would certainly lead to the crumbling of the current society. Thus, Madison believes that since society creates government, at the very least, government cannot act in a way contrary to the preservation of society. 13. The source of Madison and Rousseau’s disagreement over state religion can be traced to a dispute over whether society creates government or government creates society. If society came first, the baseline for governmental laws needs to be avoiding destabilizing society. On the other hand, if government came first, the baseline needs to be laws that allow society to exist at all. While these fundamental disagreements were looked here as they expressed themselves with regards to religious freedom, it is not limited to this domain. In disagreements of personal freedoms in general, Madison will look for laws that preserve society, while Rousseau will need ones that create it from scratch.
From 1786-1800, James Madison and other political theorists, wrote eighty-five federalist papers explaining issues on our country and urging people to reconnect with the new constitution. In Federalist paper 10, Madison illustrates that with government and the way that we think about who we look up to in terms of rights has strengthened a divide in mankind. “A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself,” (Madison: The Federalist 10). James Madison ties with Jefferson in his opinion about how religion and government do not mix well. He does not tolerate when an argument between a citizens beliefs and the law becomes a problem because it clearly states in the Constitution that “Congress shall make no law respecting a religious movement” (Americans United) In Federalist paper 51, Madison also expresses on how being under the same ruling and in the same environment we have to learn to listen to both sides of the story. “In a free government the security for civil rights must be the same as that for religious rights. It consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects,” (Madison: The Federalist 51). The way that Jefferson and Madison compare is through the way that they think things should be perceived, such as,
Rousseau, however, believed, “the general will by definition is always right and always works to the community’s advantage. True freedom consists of obedience to laws that coincide with the general will.”(72) So in this aspect Rousseau almost goes to the far extreme dictatorship as the way to make a happy society which he shows in saying he, “..rejects entirely the Lockean principle that citizens possess rights independently of and against the state.”(72)
This nullifies any freedoms or rights individuals are said to have because they are subject to the whims and fancy of the state. All three beliefs regarding the nature of man and the purpose of the state are bound to their respective views regarding freedom, because one position perpetuates and demands a conclusion regarding another. Bibliography:.. Works Cited Cress, Donald A. Jean-Jacques Rousseau “The Basic Political Writing”.
...eing mandated for protection. Rousseau’s conception of liberty is more dynamic. Starting from all humans being free, Rousseau conceives of the transition to civil society as the thorough enslavement of humans, with society acting as a corrupting force on Rousseau’s strong and independent natural man. Subsequently, Rousseau tries to reacquaint the individual with its lost freedom. The trajectory of Rousseau’s freedom is more compelling in that it challenges the static notion of freedom as a fixed concept. It perceives that inadvertently freedom can be transformed from perfectly available to largely unnoticeably deprived, and as something that changes and requires active attention to preserve. In this, Rousseau’s conception of liberty emerges as more compelling and interesting than Locke’s despite the Lockean interpretation dominating contemporary civil society.
To understand the Rousseau stance on claims to why the free republic is doomed we must understand the fundamentals of Rousseau and the Social Contract. Like Locke and Hobbes, the first order of Rousseau’s principles is for the right to an individual’s owns preservation. He does however believe that some are born into slavery. His most famous quote of the book is “Man is born free; and everywhere he is in chains” (Rousseau pg 5). Some men are born as slaves, and others will be put into chains because of the political structures they will establish. He will later develop a method of individuals living free, while giving up some of their rights to...
Rousseau beings his work with a flattering dedication to his country of origin, Geneva. He praises the government of Geneva by stating that one is only free when everyone is governed equally by the same law. Even with Rousseau’s intention that law and government should be of the people, it is not a true form of freedom. Man is considered free when he has the ability to make laws for himself, natural law, instead of outwardly imposed laws that conflict with man’s personal morality. Rousseau's comparison of liberty to wine and meat is not parallel: Liberty is not something that turns negative when experienced in excess. It leads to constant progression which leads to an improvement in society. This idea that progress is negative in nature is a recurring and fundamentally wrong.
Rousseau suggests that the first convention must be unanimous, and the minority has no obligation to submit to the choice of the majority, “as the law of majority rule is itself established by convention and presupposes unanimity at least once” (Rousseau, 172). For Locke and Hobbes, one’s self-preservation (and the protection of his property, which is quite synonymous to self-preservation to Locke) is the first principle , and if it is threatened, one has the rights to leave the “body politic” or rebel. Moreover, one also has the right to decide whether he wants to stay under the government when he grows to a certain age . Such arguments give the minority a passive freedom: their voice may not be powerful to change the society, but they can at least leave the society that is against them. Furthermore, Rousseau disapproves factions within a state, especially big ones, as their wills, namely the majority’s wills, potentially nullify the general will . His continual emphasis that the general will should represent the entire people indicates his concern for the
Rousseau and Locke differ slightly on how the question of sovereignty should be addressed. Rousseau believed that men would essentially destroy themselves due to their "mode of existence"(more explanation of what is meant by "mode of existence"?) (Rousseau 39) and therefore must enter into a government that controls them. However, this control is in the form of direct participation in democracy where people have the ability to address their opinions, and thus sovereignty is in the control of the people. Unlike Rousseau, Locke believed firmly in the fact that government should be split up into a legislative branch and a ruling branch, with the legislative branch being appointed as representatives of the people. He contends that people give up the power of their own rule to enter into a more powerful organization that protects life, liberties, property, and fortunes. The two differ significantlyin that Rousseau wanted a direct or absolute form of democracy controlled by the people, while Locke prefered an elected, representative democr...
...ion with the general will. This may sound like a contradiction but, to Rousseau, the only way the body politic can function is by pursuing maximum cohesion of peoples while seeking maximum individuation. For Rousseau, like Marx, the solution to servitude is, in essence, the community itself.
First, I outlined my arguments about why being forced to be free is necessary. My arguments supporting Rousseau’s ideas included; generally accepted ideas, government responsibility, and responsibility to the government. Second, I entertained the strongest possible counterargument against forced freedom, which is the idea that the general will contradicts itself by forcing freedom upon those who gain no freedom from the general will. Lastly, I rebutted the counterargument by providing evidence that the general will is always in favor of the common good. In this paper I argued in agreement Rousseau that we can force people to be
Rousseau believes total alienation, where people give up everything, is required to achieve a legitimate society. For Rousseau, total alienation of each person to the community means that no one is dependent on another person. Everyone has an equal voice.
Firstly, each individual should give themselves up unconditionally to the general cause of the state. Secondly, by doing so, all individuals and their possessions are protected, to the greatest extent possible by the republic or body politic. Lastly, all individuals should then act freely and of their own free will. Rousseau thinks th...
In The Social Contract philosophers John Locke and Jean-Jacques Rousseau discuss their differences on human beings’ place of freedom in political societies. Locke’s theory is when human beings enter society we tend to give up our natural freedom, whereas Rousseau believes we gain civil freedom when entering society. Even in modern times we must give up our natural freedom in order to enforce protection from those who are immoral and unjust.
...ons on what kind of government should prevail within a society in order for it to function properly. Each dismissed the divine right theory and needed to start from a clean slate. The two authors agree that before men came to govern themselves, they all existed in a state of nature, which lacked society and structure. In addition, the two political philosophers developed differing versions of the social contract. In Hobbes’ system, the people did little more than choose who would have absolute rule over them. This is a system that can only be derived from a place where no system exists at all. It is the lesser of two evils. People under this state have no participation in the decision making process, only to obey what is decided. While not perfect, the Rousseau state allows for the people under the state to participate in the decision making process. Rousseau’s idea of government is more of a utopian idea and not really executable in the real world. Neither state, however, describes what a government or sovereign should expect from its citizens or members, but both agree on the notion that certain freedoms must be surrendered in order to improve the way of life for all humankind.
Rousseau argues that the citizens should be the ones who create the law when living in that particular society. He says “Laws are, properly speaking, only the conditions of civil association. The people, being subject to the laws, ought to be their author: the conditions of the society ought to be regulated solely by those who come together to form it.” Since the law is aimed at the citizens and punishments would oblige if not obeying to the law, it would simply be more accurate if the citizens themselves would create the law to make obedience simpler.