From the State of Nature to the Rule of Law

Citizenship and the Rule of Law

From the State of Nature to the Rule of Law
 From the 17th century onwards a concept of citizenship was consolidated that has
lasted until today. It is a citizenship we can call "legal" because it is related to the capacity to
submit to laws or the Law and transform both laws and the Law. This double movement of
observance and transformation of laws defines the concept of modern citizenship.

To describe this double movement political philosophers thought it was important to
differentiate between two ways of understanding the organisation of social and political life. On one hand, there is the primitive and gregarious form in which individuals are all in conflict
because they consider each other as wolves (homo homini lupus). This form is called the state of nature and is not the state of civilised and intelligent people. On the other hand, there is an evolved and educated form in which individuals cooperate and are capable of giving way in their ambitions so that everyone can be a part of the project of the city. This form receives the name of rule of law, because the relation between laws and the Law is a criterion to measure the level of civilisation. The state of nature (barbarity) is in complete opposition to the rule of law (civilisation).

The Rule of Law and the Social Contract

This leap from barbarity to civilisation happens when individuals are capable of submitting to the rules of a contract. The citizen is the person who is ready to make this leap and assume the consequences. The rules, norms, laws and values that are treated in this contract form a rule of law.

Citizenship according to Two Modern Philosophers: Locke and Rousseau

J. Locke

Essay on Civil Government

Being men free, equal and independent by nature, none of them can be withdrawn from
this situation and submitted to political power with his consent. This is given by an agreement celebrated with others to meet and integrate in a community destined to offer
them a good, safe and peaceful life together.

Two Treaties of Government

J. J. Rousseau

The Social Contract 
This act of association creates a moral and collective body, composed of as many members as the assembly contains votes, and receiving from this act its unity, its common identity, its life and its will. This public person, so formed by the union of all other persons formerly took the name of city, and now takes that of Republic or body politic;it is called by its members State when passive, Sovereign when active, and Power when compared with others like itself. Those who are associated in it take collectively the name of people, and several are called citizens, as sharing in the sovereign power, and subjects, as being under the laws of the State.

The Social Contract. Or Principles of Political Right

1. Define the following expressions: "State of nature", "rule of law", "social contract".

2. Read Locke and Rosseau's texts carefully. What stands out in each of them? How do they understand political association (contract)?