Government, therefore, exists only at the Sovereign's pleasure, and is always revocable by the sovereign will.
The focus of Rousseau's theory of Sovereignty that offers the most difficulty is his view that, for every State, a Legislator is necessary (Book II: VII). We shall understand the section only by realizing that the legislator is, in fact, in Rousseau's system, the spirit of institutions personified; his place, in a developed society, is taken by the whole complex of social custom, organization and tradition that has grown up with the State. This is made clearer by the fact that the legislator is not to exercise legislative power; he is merely to submit his suggestions for popular approval. Thus Rousseau recognizes that, in the case of institutions and traditions as elsewhere, will, and not force, is the basis of the State. This may be seen in his treatment of law as a whole, in which he defines laws as "acts of the general will," and, agreeing with Montesquieu in making law the "condition of civil association," goes beyond him only in tracing it more definitely to its origin in an act of will (Book II: VI). The Social Contract renders law necessary, and at the same time makes it quite clear that laws can proceed only from the body of citizens who have constituted the State. "Doubtless," says Rousseau, "there is a universal justice emanating from reason alone; but this justice, to be admitted among us, must be mutual. Humbly speaking, in default of natural sanctions, the laws of justice are ineffective among men" (Book II: VI). Of the law, which set up among men this reign of mutual justice, the General Will is the source.
Rousseau, after upholding the State's absolute supremacy, goes on to speak of "the limits of the sovereign power" (Book II: IV). Rousseau sees clearly that it is impossible to place any limits upon the power of the State; when the people combine into a State, they must in the end submit to be guided in all things by the will of the effective majority.
