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How did Rousseau distinguish a fraudulent social contract from a genuine one?

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In his political philosophy, Jean-Jacques Rousseau distinguished between a fraudulent social contract and a genuine one based on their purpose, fairness, and the nature of the liberty they provide.12

The Fraudulent Social Contract

Rousseau described the fraudulent contract in his Discourse on the Origin of Inequality. He argued that civil society emerged primarily to protect private property, serving the interests of the wealthy while keeping the poor dispossessed. This arrangement was fraudulent because it transformed de facto ownership into "rightful" ownership, providing peace and security that disproportionately benefited the rich at the expense of the poor.12

The Genuine Social Contract

In contrast, Rousseau proposed a genuine social contract in his work The Social Contract. This model is defined by:

  • General Will: Laws are legitimate only when they reflect the collective will of the people, which aims at the common good rather than individual or group interests.32
  • Political Liberty: Instead of losing freedom, individuals exchange their natural independence for a higher form of republican liberty, found in obedience to self-imposed laws.12
  • Equality: The state acts as a moral person where all rights are subordinate to the general will, ensuring the equality of its citizens.2

Rousseau maintained that if a government usurps the power of the people and ignores the general will, the contract is broken, and citizens are no longer obligated to obey.2