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Who Is Rousseau's Arguments Of Law?

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Who Is Rousseau's Arguments Of Law?
To begin the discussion of law, William Blake states that “Prisons are built with stones of Law, Brothels with bricks of Religion” (Blake, 6) within The Marriage of Heaven and Hell. Blake dives to the criticism or observation of an institution. It may seem odd that he points out “prisons” and “brothels” within the same sentence, yet, although they are quite different on their face they share central features. Both prisons and brothels are institutions, and while in prison one's position is required by law while the brothel patrons being the exact opposite. In regards to prison, on one hand Blake recognizes it’s a product of the legal system, a “law”, in which its stated goal is to restrict peoples freedom as a punishment or protection of sorts. …show more content…
From a far, Rousseau's views on law may seem to differ as it reaches in to the argument of natural law, they are quite similar. Essentially, natural law is a set of laws or doctrines laid down by God or Nature that benefit man's preservation. It is evident that Rousseau believes that the state of nature has in fact blessed man with a sense of complete and enviable total freedom. To continue, the natural man is capable of being free, but only by virtue of not being held back by a power of state which consists of authority such as the army, the police, the judiciary, and the prison system. These are structures of society that force their authority in controlling the relations of production. Although the Discourse is closely related the nature of man, and about different forms of government, and in particular law, it also has a wider significance. The central idea is to uncover the truth behind who humans are, as well as the root of our desires. Rousseau's Discourse puts the natural state of man over all else, even over the state that exists within civil society. Rousseau understands and claims that natural man is incapable of reasoning, especially when concerning moral duties states, “Pity is what, in the state of nature, takes the place of laws, mores, and virtue.”(14) We are all as man self-interested and self-preserving individuals at least that is what Rousseau expresses. In this line, the state of natural pity takes the place of laws, morals, and virtues. The natural sentiment of pity alters the desire for self-preservation, and like Blake highlights the “desire” that is restrained by laws. Ultimately, Rousseau claims the pity takes place the need for laws, and that it’s truly the only thing a natural man needed. Laws that are developed are not balanced due to the fact that pity overpowers all. Rousseau is clear that

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