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Essay / Research Paper Abstract
A 5 page paper which examines how Rousseau’s political treatise, “The Social Contract or Principles of Political Right” influenced the Canadian legal system, particularly in terms of its emphasis on the general will. Bibliography lists 3 sources.
Page Count:
5 pages (~225 words per page)
File: TG15_TGroucan.rtf
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Unformatted sample text from the term paper:
For - June 2001 -- properly! During the mid to late eighteenth century, Western Europe
was poised on the brink of chaos. Monarchies were the prevailing system of government, legitimized by the so-called concept known as the "divine right of kings," which suggested that
monarchs were granted authority to rule by God, for they were, in essence, his messengers or representatives. However, this was also the time of philosophical enlightenment, and European political
philosophers such as John Locke in England and Jean Jacques Rousseau in France were openly questioning who or what had the right to govern man and his state. Ultimately,
Rousseaus shocking liberal views, expressed in his famous political treatise, The Social Contract or Principles of Political Right, culminated in a revolution which brought down the French monarchy, and in
its place was constructed a legal system based upon a consolidated civil law, known as the Napoleonic code or Code of Napoleon. These laws were incorporated into the Canadian
legal system, largely as a result of the high concentration of French settlers in the province of Quebec. The emphasis upon civil law as opposed to the common law
long advocated by Great Britain was the first step in Canadas distinguishing itself as an independent entity, which while remaining a faithful member of the United Kingdom, was also separate
and distinct in terms of its legal system. The civil codes espoused by Quebec were unique in that the emphasis was placed not on the laws governing individuals, but
rather on the individuals being governed. The concept of a civil state is considered by Rousseau, who described it as being the sovereign construct of a social contract entered
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