Rousseau on Equality and Legislation

Extract

[...] The first constraint on this is obviously that freedom and equality go hand in hand. If there are abuses on someone, it implies that they are not equal to their tormentor and especially that they do not have the freedom to free themselves from their chains. According to the text, abuses must be addressed from both sides: those of the powerful, but also in a more surprising way, those of the weak. For the powerful, nothing particularly surprising, they should not show a form of domination over others: "as for wealth, no citizen should be so wealthy as to be able to buy another, and no one so poor as to be forced to sell himself. [...]

[...] The text highlights the notion of equality and its importance in our society while proposing a way to anchor it in our daily lives and in the law. Commentary It is evident that the existence of inequalities is a threat to freedom. From the beginning of his remarks, Rousseau makes this comment on equality: "equality, because freedom cannot exist without it." We then see the undeniable relationship that exists between freedom and equality. If there are inequalities, freedom is threatened. Moreover, in the term "inequality", we can see the negative prefix which then shows a form of opposition. [...]

[...] He first sets out to define freedom as a means of asserting one's independence from the State. To be free is not to follow everything that the powerful of this world decide, that is to say the State. Then, for equality, his definition is quite simple since he explains that it is necessary to create freedom. Thus, freedom and equality appear as essential for Rousseau in the elaboration of any system of legislation. What is relevant in Rousseau's definition of equality here is the term 'degrees'. [...]

[...] To be certain that equality, and therefore freedom, are not set aside, he wants this to appear clearly in the laws. Thus, the legislation of equality is a means of safeguarding the freedom of individuals within a people. The themes of justice and law are often mentioned together. However, there are laws that are considered unjust by the majority. It is therefore interesting to ask if Rousseau's text on the social contract affirms that the suppression of abuses will make the law just. [...]

[...] The first paragraph is itself the first part of the argumentation. It describes the context of analysis of the subject, that is to say the system of legislation, therefore the laws. Then, it highlights two major notions on which he will question himself: freedom and equality. He even ends with equality, as a kind of announcement of the central notion that he will address in this excerpt. Then, the second part of the argumentation constitutes the second paragraph. It defines the term of equality by relying on concrete examples in order to better understand his idea to the reader. [...]