Table of Contents
What is meant by general will?
general will, in political theory, a collectively held will that aims at the common good or common interest. The general will is central to the political philosophy of Jean-Jacques Rousseau and an important concept in modern republican thought.
What is the difference between general will and will of the majority?
While the general will looks out for the common good, the will of all looks out for private interests and is simply the sum of these competing interests. When dealing with the general will, however, the overriding objective is the common good and everyone cooperates to achieve it.
Will of all and general will?
In practice, how can the two be distinguished? The general will is the will of the sovereign: it aims at the common good and it is expressed in the laws. The will of all is simply the aggregate of the particular wills of each individual.
Will of all general will?
As used by Rousseau, the “general will” is considered by some identical to the rule of law, and to Spinoza’s mens una. The notion of the general will is wholly central to Rousseau’s theory of political legitimacy.
Where does the phrase ” general will ” come from?
The phrase “general will,” as Rousseau used it, occurs in Article Six of the Declaration of the Rights of Man and of the Citizen (French: Déclaration des droits de l’Homme et du citoyen ), composed in 1789 during the French Revolution: The law is the expression of the general will.
When do you use general principles of law?
General principles of law are used primarily as “gap fillers” when treaties or customary international law do not provide a rule of decision.
What are the sources of authority in law?
Formal sources are the sources from which the law derives its validity and force. The only authority from which the law can derive its validity is through the will of the state. [4] Formal sources include legislation, judicial precedents and treaties which are created through the will of the state.