JEAN-JACQUES ROUSSEAU OU L'AUSTÈRE DEMOCRATIE
JEAN-JACQUES ROUSSEAU OR THE AUSTERE DEMOCRACY
Author(s): Stéphane CaporalSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: law; government; democracy; contract people; fundamental rights
Summary/Abstract: Although it may seem as a paradox, but in 1767, in a letter addressed to the Marquis de Mirabeau, JJ Rousseau declared his intention to find a government form to put the people above the law. Admitting the impossibility of such unnecessary step, JJ Rousseau recognized that his famous Social Contract is condemned to remain a spirit construction. The author of this article wonders, along with Otto von Gierke, if JJ Rousseau somehow imagined the Social Contract, taking as a framework the democratic ideas of his forefathers about freedom and equality, filling the frame with the contents of the Hobbes’s absolutist Contract. Such a perspective implies a lot of nuances that the author underlines in this article.
Journal: Acta Universitatis Danubius. Juridica
- Issue Year: 4/2008
- Issue No: 1
- Page Range: 143-164
- Page Count: 22
- Language: French