74. He admits however that it may be overpowered by particular interests, and so find no expression even in the vote of a general assembly
75. What then is the test of the 'general' will? Absolute unanimity is what Rousseau requires of the parties to the original contract
76. But what is to decide whether their successors are parties to it? Not 'residence,' unless there is also freedom to migrate
77. The element of permanent value in Rousseau is his conception of the state as representing the 'general will'
78. Difficulties in this conception. It seems that either no actual state realises it, or that there may be a state without a true sovereign
79. We may distinguish between de facto and de jure sovereignty, and say that Rousseau meant the latter; but this is only an inference from what he says.
F. Sovereignty and the general will.
80. Hence it may be asked, (1) Is any actual sovereignty founded on the 'general will'? (2) Can sovereignty de jure be truly said to be founded on it? (3) If so, must it be expressed through the vote of a sovereign people?
81. (1) According to (e.g.) Austin's definition of sovereignty, we should answer this question in the negative
82. (Observe that from Austin's definition it would follow that, while every 'law' implies a 'sovereign,' a 'sovereign's' commands need not be 'laws')