La destination politique de la propriété chez Jean-Jacques Rousseau

Abstract

Abstract — This paper propose a reconstruction of Rousseau’s theory of Property Rights, based on the distinction of three logical and chronological moments of the philosophical history of property drawn by Rousseau : at the origins are the commons, then the fondation of State’s territories, and last the private and public property rights in the civil state. This theory is organized around the three following essential propositions : property became necessary, due to the evolution of human societies, but has never been moraly legitimate. That’s why the Statutory Law, and more precisely, the Republican (e.g. egalitarian) Statutory Law has to draw the border between public and individual property rights. The consequence is that individual property right, considere in itself, is absolute and inviolable, but some of the utilities included in this right can be indirectly limited by the Law, in order to promote equality in the acces to individual Property. This paper shows that we should be aware of the importance of understanding properly the technical meaning of legal concepts in our readings of political philosophy