Of its broad meaning, however, there can be no doubt
The point in Rousseau’s theory of Sovereignty that offers most difficulty is his view (Book II, chap, vii) that, for every State, a Legislator is necessary. We shall understand the section only by realising that the legislator is, in fact, in Rousseau’s system, the spirit of institutions personified; his place, in a developed society, is taken by the whole complex of social custom, organisation and tradition that has grown up with the State. This is made clearer by the fact that the legislator is not to exercise legislative power; he is merely to submit his suggestions for popular approval. Thus Rousseau recognises that, in the case of institutions and traditions as elsewhere, will, and not force, is the basis of the State.
This may be seen in his treatment of law as a whole (Book II, chap, vi), which deserves very careful attention. He defines laws as “acts of the general will,” and, agreeing with Montesquieu in making law the “condition of civil association,” goes beyond him only in tracing it more definitely to its origin in an act of will. The Social Contract renders law necessary, and at the same time makes it quite clear that laws can proceed only from the body of citizens who have constituted the State. “Doubtless,” says Rousseau, “there is a universal justice emanating from reason alone; but this justice, to be admitted among us, must be mutual. ” Of the law which set up among men this reign of mutual justice the General Will is the source.
The difficulty is increased because Rousseau himself sometimes halts in the sense which he assigns to it, and even seems to suggest by it two different ideas
We thus come at last to the General Will, the most disputed, and certainly the most fundamental, of all Rousseau’s political concepts. No critic of the Social Contract has found it easy to say either what precisely its author meant by it, or what is its final value for political philosophy. The effect of the Social Contract is the creation of a new individual. When it has taken place, “at once, in place of the individual personality of each contracting party, the act of association creates a moral and collective body, composed of as many members as the assembly contains voters, and receiving from the act its unity, its common identity (moi commun), its life and its will” (Book I, chap. vi). The same doctrine had been stated earlier, in the Political Economy, without the historical setting. “The body politic is also a moral being, possessed of a will, and this general will, which tends always to the preservation and welfare of the whole and of every part, and is the source of the laws, constitutes for all the members of the State, in their relations to one another and to it, the rule of what is just or unjust.” It will be seen at once that the second statement, which could easily be fortified by others from the Social Contract, says more than the first. It is not apparent that the common will, created by the institution of society, need “tend always to the welfare of the whole.” Is not the common will at least as fallible as the will of a single individual? May it not equally be led away from its true interests to the pursuit of pleasure or of something which is really harmful to it? And, if the whole society may vote what conduces to the momentary pleasure of all the members and at the same time to the lasting damage of the State as a whole, is it not still more likely that some of the members will try to secure their private interests in opposition to those of the whole and of others? All these questions, and others like them, have been asked by critics of the conception of the General Will.