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Book 4, Chapter 4
Themes
Key
LitCharts assigns a color and icon to each theme in The Social Contract, which you can use to track the themes throughout the work.
Human Freedom and Society
Sovereignty, Citizenship, and Direct Democracy
Government and the Separation of Powers
National Longevity and Moral Virtue
Summary
Analysis
Rousseau explains that sometimes “a special magistrate” called a tribunate is necessary to balance power among the sovereign, the government, and the people. It is neither legislative nor executive—in fact, “it can do nothing” at all, but it has power because it can “prevent anything from being done.” While it defends “a good constitution,” the tribunate cannot grow too powerful, lest it “overthrow everything” by taking over the role of the executive power. According to Rousseau, this is what ultimately happened in Rome, and to prevent it from happening, Rousseau suggests that the tribunate only be convened during certain periods of time.
Rousseau continues to use Rome for inspiration: the tribunate he is describing here is what would now be known as a court system, which is the one ingredient that modern-day readers might have noticed seems to be missing from Rousseau’s depiction of the separation of powers. Essentially, the tribunate or court’s purpose is to stop the sovereign from passing laws that do not really advance the general will and prevent the government from implementing laws incorrectly or growing corrupt. In this sense, for Rousseau, the tribunate’s purpose is purely to serve as a check on the other branches of government.
Themes
