نویسنده
دانشگاه شهید بهشتی
چکیده
کلیدواژهها
عنوان مقاله [English]
This articlecomprises a critical study of the philosophy of public law in themodern age. First, the Enlightenment period is introduced in which universalrules that have been created by universal reason are posited. It notes that acontradiction has been identified in Social Contract Theory which is thefundamental theory of contemporary legal and political philosophy thatdeveloped from the thinking of Hobbes to Locke and whose direction was,finally, changed by Rousseau. At first, a‘social contract’referred to abilateral agreement among the citizens for creation of civil society.However,according to Rousseau, Social Contract Theory led to a wholewhich he called the ‘general will’ (volonté génerale) and which wasregarded as a criterion for the legitimacy of power in Rousseau’s point ofview. He regarded that the general will represents cooperation between theGovernment and people on the basis of equality, and destroys all thedifferences have been invoked in this matter.This attitude is in opposition tothe liberal approaches followed by Kant and, as such, is criticized in the finalsection of the article.KeywordsLiberty, Natural society, Natural law, State citizens, Enlightenment Ages,understanding from a mathematical point of view, Social Contract, Publicvolition
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