Rousseau's case for democracy

Abstract In this article, I provide an interpretation of Rousseau's case for democracy: his argument for why “every law which the people in person have not ratified is invalid; it is not a law.” The people must ratify every law because sovereignty “lies essentially in the general will, and will does not admit of representation” or alienation. Taking my cue from this remark, I argue that Rousseau's radically free, choice‐based conception of the will makes it impossible for anyone to legitimately agree to submit to a nondemocratic sovereign, explaining why only democracy can be legitimate on his view. However, the principle that “who wills the end wills the means also” means that citizens can, in willing one thing, commit themselves to willing more than they realize. This explains why Rousseau sometimes seem to treat the general will as a fact that citizens can be mistaken about.