Of the general will as a power of fact and power of law: from the exercise of popular sovereignty between the multiple unit of society (unitas ordinis) and the political-juridical and economic-social totality of the state

Abstract

Based on Rousseau's theory, the research points out that, constituting the sine qua non condition for the exercise of popular sovereignty in a construction that converges to the boundaries that enclose the Constitution and the State, the General Will involves the possibility of articulation of the totality of the men as individuals in their historical-cultural and socio-economic concretiality, which implies the concrete universality that comes from the set of wills and economic fact that characterizes society and the dynamics of intersubjective relations. In this way, based on a bibliographical research, the article dialogues with the perspective of the institutional theory of Castoriadis, Lapassade and Lourau, defending that, characterizing itself as an ethico-juridical process of collective deliberation that implies the objectification of values, needs and ends of the people as a collective and moral body through an economic-political movement that involves the moments that enclose the instituted, the institute and the institutionalization, the General Will converts the political-social content into the power of law. Therefore, converging to overcoming the universality of a Law that contains a "duty-to-be" and a coercive exteriority that is imposed in the name of the common good of the political-juridical and economic-social totality of the State, research shows that the General Will overlaps with the rupture that, involving the juridical order and the social order, characterizes the state institution under the aegis of liberalism, enabling the establishment of participatory democracy.