The legislator and the formation of the public spirit in the republicanism of Rousseau

• Autor(a) principal: Alves, Vital Francisco Celestino
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Trans/Form/Ação (Online)
• Texto Completo: https://revistas.marilia.unesp.br/index.php/transformacao/article/view/7504
• topic: Legislador; Espírito público; Republicanismo; Rousseau; Legislator; Public spirit; Republicanism; Rousseau

In closing his explanation concerning the notion of law, in chapter VI of the second book of the Social contract, Jean-Jacques Rousseau has some concerns about the ability of a premature population to develop a legislation system. Such concerns lead the Genevan thinker to advocate the need for a controversial and exceptional personage in the republican political machinery: The legislator. Considering the exceptionality of this personage, this article will support the hypothesis that, more than being one skilled at presenting a set of laws to a particular people, the primary republican function assigned to the legislator is to contribute to engender a public spirit in every citizen belonging to the republic. The hypothesis presented will be defended from three objectives: first, I shall examine the reasons why Rousseau deems it necessary to have a legislator in the republican order; Second, I shall analyze why the construction of a public spirit by the legislator may be considered a republican function; third, I shall look into the conditions necessary for a people to receive a good legislation. Recebido: 11/12/2017Aceito: 26/4/2019