How does Rousseau distinguish “the general will” from “the will of all”? Why does this distinction matter in understanding Rousseau’s normative account of law?

Political philosophy is one of the primary subjects in the works of Jean-Jacques Rousseau, and the terms “the general will” and “the will of all” should also be interpreted in the legislative context. The philosopher regards that the primary purpose of the government should be aligned with the general will. Therefore, to understand the objectives of the administration, it is essential to distinguish the concepts of “the general will” and “the will of all”. The former revolves around the collective nature of community and aims for the common good of society while not concerning the individualistic wishes and desires of people.

Therefore, the first distinction that the philosopher makes is between the general will, which has collective nature, and the particular will, which concerns personal interests. Consequently, the concept “the will of all” indicates an accumulation of particular wills of individuals that frequently contradict each other, and, therefore, might not necessarily have the purpose to benefit society. Ultimately, the general will is political and aims for the common good, and the will of all is unpolitical due to its conflicting nature.

This distinction between the two terms is essential in Rousseau’s political philosophy and explains how the government should be organized and what it should strive for. For the philosopher, the political community resembles a living organism with the general will corresponding to the head and sovereign power. Therefore, if the government fails to align with the general will, which is the necessary condition for the functioning system, then the government cannot be considered legitimate. From these considerations, Rousseau particularly emphasizes the law as the regulating mechanism, so the government cannot neglect the general will.

According to the philosopher, the concepts of legislation and the general will are interconnected and should be central in the governmental policies to create a stable political community. Therefore, the distinction between “the general will” and “the will of all” is vital since the government should aim for the common good of society, and the legal regulation should support this idea. Ultimately, the laws should be the foundation of the political community as a collective entity and not correspond to the needs of individuals and particular wills.

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Academic.Tips. 2022. "How does Rousseau distinguish “the general will” from “the will of all”? Why does this distinction matter in understanding Rousseau’s normative account of law?" December 16, 2022. https://academic.tips/question/how-does-rousseau-distinguish-the-general-will-from-the-will-of-all-why-does-this-distinction-matter-in-understanding-rousseaus-normative-account-of-law/.

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