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Rousseau on the People as Legislative Gatekeepers, Not Framers

Published online by Cambridge University Press:  04 April 2005

ETHAN PUTTERMAN
ETHAN PUTTERMAN
Affiliation:
National University of Singapore
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Abstract

Who drafts the laws in Rousseau's ideal state? According to John T. Scott it is the people alone who execute this function and Rousseau “does not positively argue that commissaires, magistrates, or anyone else has the power to propose laws.” Challenging this view, I argue that the philosopher's varied statements on the subject of lawgiving can be shown to establish merely a right by the people to participate in agenda-setting by others. Rousseau believes that the laws must reflect the will of the people but not necessarily through their physical writing, drafting, or framing of constitutional legislation. More important than popular agenda-setting is the majority's freedom to check those who do draft the laws. Amending my earlier argument that the sovereign is barred from legislating, I reveal how Rousseau's notion of self-legislation as “gatekeeping,” rather than agenda-setting, is central to the political theory and institutions of Du contrat social.

Type
FORUM
Information
American Political Science Review , Volume 99 , Issue 1 , February 2005 , pp. 145 - 151
Copyright
© 2005 by the American Political Science Association

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References

Cobban Alfred. 1934. Rousseau and the Modern State. London: Allen and Unwin.
Dent N. J. H. 1988. Rousseau: An Introduction to His Psychological, Social and Political Theory. London: Blackwell.
Ellenburg Stephen. 1976. Rousseau's Political Philosophy: An Interpretation from Within. Ithica, NY: Cornell University Press.
Fralin Richard. 1978. Rousseau and Representation: A Study of the Development of His Concept of Political Institutions. New York: Columbia University Press.
Miller J. 1984. Rousseau, Dreamer of Democracy. New Haven, CT: Yale University Press.
Montesquieu Charles Louis de Secondat. (1734) 1965. Considerations on the Causes of the Greatness of the Romans and Their Decline. Trans. and intro., David Lowenthal. New York: Free Press.
Putterman Ethan. 2003. “Rousseau on Agenda-Setting and Majority Rule.” American Political Science Review 97 (August): 459– 69.Google Scholar
Rosenblatt Helena. 1997. Rousseau and Geneva: From the First Discourse to the Social Contract, 1749–1762. Cambridge: Cambridge University Press.
Rousseau Jean Jacques. (1781) 1953. Confessions. Trans., J. M. Cohen, London, New York: Penguin Books.
Rousseau Jean Jacques. 1959–95. Œuvres Complètes, ed. B. Gagnebin and M. Raymond. 5 vols. Paris: Gallimard, Bibliotheque de la Pléiade.
Rousseau Jean Jacques. 1979. Emile: Or on Education. Trans., Allan Bloom. New York: Basic Books.
Rousseau Jean Jacques. 1997a. The Discourses and Other Early Political Writings, ed. and trans., Victor Gourevitch. Cambridge: Cambridge University Press.
Rousseau Jean Jacques. 1997b. The Social Contract and Other Later Political Writings, ed. and trans., Victor Gourevitch. Cambridge: Cambridge University Press.
Rousseau Jean Jacques. 2001. Letter to Beaumont, Letters Written from the Mountain, and Related Writings. The Collected Writings of Rousseau, Vol. IX, ed. Christopher Kelly and Eve Grace. Trans., Christopher Kelly and Judith R. Bush Hanover, NH London: University Press of New England.
Sartori Giovanni. 1987. The Theory of Democracy Revisited. Part II. Chatham, NJ: Chatham House.
Scott John T. 2005. “Rousseau's Anti–Agenda-Setting Agenda and Contemporary Democratic Theory.” American Political Science Review 99 (1): xx– xx.Google Scholar
Vaughan C. E. 1915. The Political Writings of Jean-Jacques Rousseau. Vol. II, Cambridge: Cambridge University Press.
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