Privacy Rights/Philosophical Origins/Tradition contributions/Rousseau's Thought
What have religious and philosophical traditions contributed to our understanding of this right?
Rousseau's Thought
In Rousseau's works, there exist three states of society in which there are different and evolving stages of a right to privacy. First, there is the natural right to privacy in the state of nature. Next, there is society following the commencement of association and community. Finally, there is a society under the Social Contract. Rousseau believed that in the progression of different societies, privacy is slowly lost, first to other individuals, then to the government.
In Rousseau's state of nature, humans act as individuals and do not intermingle with each other. Their projects never required "the joint labor of several hands," and they "lived free, healthy, honest, and happy lives" (Rousseau 1973, 92). These lives were completely independent of other humans. Humans roamed, hunted, and gathered alone; no one else had any power over him. Man was free to pursue "the only goods [he] recognized in the universe… food, a female, and sleep" (Rousseau 1973, 61). Life was simple, and humans had the right to do as they pleased, when they pleased, without anyone questioning why they were doing it. There was no overarching government or general will to encroach on the privacy of humans in nature. Humans "had no question… as to private likes or dislikes [as] all are alike" (Rousseau 2004) . However, this simplicity of nature did not last forever. Eventually, humans came together to form societies due to the "two arts… which first civilized men and ruined society," metallurgy and agriculture (Rousseau 1973, 92). As society shifted from nature to civilization, humans signed a social contract to give away parts of their sovereignty to a new sovereign, the general will, a prince, a legislator, or a chief, for example. This society removed the natural freedom under which humans acted as they pleased without encroachment. However, they still held a right to privacy within a civilized society; however, it was much less than before.
The second stage is where people can live in a state of the early community. This community lacks the oversight of a chief or government; however, unlike the state of nature, humans begin to associate with each other to sustain the new arts of metallurgy and agriculture. Since land is required to grow crops slowly, these early humans decided that "to secure each man his own, it had to be possible for each to have something" (Rousseau 1973, 94). This is the beginning of property, born from the manual labor of the farm, slowly allowing people to have their place where they can do whatever they want, also known as acting in their private interests. Metallurgy, on the other hand, "working metals and multiplying their uses," leads to the concept of value. People used these tools to better land plots and increase food production, among other things. Therefore, to acquire these irons and tools, people "required commodities in exchange" (Rousseau 1973, 94). These advancements gave value and worth to the ownership of items and land. As disparities began to develop between the people within these early communities, so too did the idea of jealousy and inequality (Rousseau 1973, 96). In a society with inequality and no authority to keep it in check, there then come individuals who will encroach on the privacy of other individuals. This threat to others is what slowly necessitates the tyranny of the government to establish peace and security in exchange for other losses of privacy.
Once the social contract between humans and magistrates is established, people's liberties are immediately restricted compared to the state of nature and early societies. The average person signs away their liberties to their chief, establishing tyranny through the people's consent. The ordinary people sign "a contract binding on only one of the parties, where all the risk is on one side, and none on the other" (Rousseau 1973, 104). The magistrates take no risk in this exchange as they are not subject to their privacy being encroached upon, among other rights and liberties. However, just because the people sign away their freedoms to the legislature and chiefs does not mean they are entirely at the government's will. Rousseau does not believe that the government has complete control over the private actions and possessions of the common people. When discussing the right to ownership and sovereignty, Rousseau explains that the government limits how much power it has over people. Due to Rousseau's restricted discussion on privacy, we will have to look at the allusions made to it through the right to privacy. Taking the Lockean view that "'every man has a property in his person," we can assume that property "provides the foundation for the right to privacy" (DaCosta 2021, 2). If the government expects the people to respect their side of the social contract, it must uphold its end. In the case of property and privacy, Rousseau says that the government "has no right to touch the property of one or many; but he may lawfully take possession of the property of all" (Rousseau 2004) . In other words, "the general and sovereign will is the master of all the others," showing that the will of the government must respect the people's privacy rights or else risk its demise (Rousseau 2004) . This distinction between total and partial encroachment on rights shows Rousseau's exciting view on privacy and rights as a whole. Rousseau believed that the individual holds political rights; however, the government may take away the rights of every one in particular situations for the state's health.
This general will also influence people's privacy; however, even this will is only "considered collectively and as a body, but each individual, as a subject, has his private and independent existence" (Rousseau 2004) . Therefore, in a civilization, neither the general will nor the government can fully encroach on the citizens' privacy without the whole society falling apart. On the other hand, this freedom is nowhere near what it is in the state of nature, where people are entirely free to do as they please without the threat of government or general will even be considered a threat to that freedom of privacy.
Rousseau, Jean-Jaques. 1973. The Social Contract and Discourses. Translated by G. D. H. Cole. David Campbell Publishers
Rousseau, Jean-Jaques. 2004. Emile. The Project Gutenberg EBook of Emile. https://www.gutenberg.org/files/5427/5427-h/5427-h.htm#link2H_4_0002