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盧梭觀點： 立法者義務

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.

盧梭觀點： 社會和法律

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.

盧梭觀點： 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.

盧梭觀點： 法律與公民信仰

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.

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