著者

神原 和宏

出版者

日本法哲学会

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.2007, pp.53-65, 2008 (Released:2021-03-31)

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The purpose of this article is to examine Rousseau’s legal theory in relation to the tradition of republicanism. Rousseau defines a republic as a state which is governed by laws, i.e. the expression of the general will, and also as a state in which public interests, not private ones, are pursued. According to Rousseau, it is in such a state governed by laws that the individual liberty and equality, namely ultimate goals of all states, are secured. Liberty of men consists in obedience to laws. Liberty in this position makes a contrast to the state of servitude in which people submit themselves to an arbitrary will of others who pursue private goods. Maurizlo Viroli and Fabian Spitz call this position republican liberty. Rousseau shows keen interests in themes on republican traditions such as corruptions of a political body and the conquest of them. These interests are origins of his positive attitudes toward the importance of equality, virtue, and public education in a political body. The research into Rousseau’s republican ideas will help to clarify part of the rich resource of Rousseau’s legal theory, and at the same time will provide a clear idea of his contribution to the modern legal thought.

著者

神原 和宏

出版者

日本法哲学会

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.1995, pp.160-168, 1996-10-30 (Released:2008-11-17)

参考文献数

7

著者

神原 和宏

出版者

久留米大学

雑誌

久留米大学法学 (ISSN:09150463)

巻号頁・発行日

vol.34, pp.89-131, 1999-04