The Social Contract

The Social Contract

by

Jean-Jacques Rousseau

The Social Contract: Book 3, Chapter 5 Summary & Analysis

Summary
Analysis
Rousseau reminds the reader that the government ultimately works and speaks for the sovereign (the people). Then, he distinguishes three different kinds of aristocracy: “natural, elective and hereditary.” Natural aristocracy involves small “primitive” communities being led by elders and religious leaders; elective aristocracy, according to Rousseau, is “the best” form of government; and hereditary aristocracy “is the worst of all governments.” Here, he focuses on elective aristocracy. Election is a fair method because candidates who display traits like “honesty, sagacity, [and] experience” will likely be chosen. Official business is more efficient and trustworthy, as long as the elected officials prioritize the general will over their own self-interest (although this will never happen perfectly).
In an aristocracy, a small group of magistrates work together to determine how the laws will be implemented. Although Rousseau does not specify how they should divide this power, it seems that his picture of aristocracy is similar to modern administrations, in which a cabinet of ministers takes charge of implementing the law. Of course, as Rousseau emphasizes here, these aristocrats have to be competent, which is why he thinks they should be elected. But he actually means that they should be appointed, or elected by the government itself, rather than elected by all the people. And it should be remembered that, in defending an aristocratic government, Rousseau is not defending an aristocratic state (in which a network of nobility and oligarchs run the government).
Themes
Government and the Separation of Powers Theme Icon
Aristocracy is not suited for tiny countries where “the execution of the law follows directly from the public will,” nor for large countries where magistrates get too much power over the territories they govern. And it still requires “virtues of its own,” like “moderation”—but not as much virtue or equality as democracy requires. It is also essential that merit, rather than wealth, determines who is elected.
Rousseau continues to emphasize the importance of state size as a contextual factor in determining what kind of government should rule, but the exceptions he makes are very extreme, and it seems that he considers elected aristocracy an appropriate form of government for the majority of states. Notably, Rousseau imagines these magistrates being divided by territory, like separate governors of different provinces or states, rather than function, like different ministers who are responsible for different departments. This idea may have been related to the limitations in communication and transportation technology in Rousseau’s time, but contemporary governments use both kinds of divisions: provincial governors and ministries act as a microcosm of the federal government and cabinet ministries. By emphasizing the importance of virtue, Rousseau continues to remind the reader that cultural and institutional factors truly determine whether a state stays healthy or collapses: a well-designed state filled with corrupt people will never survive.
Themes
Government and the Separation of Powers Theme Icon
National Longevity and Moral Virtue Theme Icon