The social contract & discourses · Jean-Jacques Rousseau
THE SECOND PART
I regard it then as certain, that government did not begin with arbitrary power, but that this is the depravation, the extreme term, of government, and brings it back, finally, to just the law of the strongest, which it was originally designed to remedy. Supposing, however, it had begun in this manner, such power, being in itself illegitimate, could not have served as a basis for the laws of society, nor, consequently, for the inequality they instituted. Without entering at present upon the investigations which still remain to be made into the nature of the fundamental compact underlying all government, I content myself with adopting the common opinion concerning it, and regard the establishment of the political body as a real contract between the people and the chiefs chosen by them: a contract by which both parties bind themselves to observe the laws therein expressed, which form the ties of their union. The people having in respect of their social relations concentrated all their wills in one, the several articles, concerning which this will is explained, become so many fundamental laws, obligatory on all the members of the State without exception, and one of these articles regulates the choice and power of the magistrates appointed to watch over the execution of the rest. This power extends to everything which may maintain the constitution, without going so far as to alter it. It is accompanied by honours, in order to bring the laws and their administrators into respect. The ministers are also distinguished by personal prerogatives, in order to recompense them for the cares and labour which good administration involves. The magistrate, on his side, binds himself to use the power he is entrusted with only in conformity with the intention of his constituents, to maintain them all in the peaceable possession of what belongs to them, and to prefer on every occasion the public interest to his own.
Before experience had shown, or knowledge of the human heart enabled men to foresee, the unavoidable abuses of such a constitution, it must have appeared so much the more excellent, as those who were charged with the care of its preservation had themselves most interest in it; for magistracy and the rights attaching to it being based solely on the fundamental laws, the magistrates would cease to be legitimate as soon as these ceased to exist; the people would no longer owe them obedience; and as not the magistrates, but the laws, are essential to the being of a State, the members of it would regain the right to their natural liberty. If we reflect with ever so little attention on this subject, we shall find new arguments to confirm this truth, and be convinced from the very nature of the contract that it cannot be irrevocable: for, if there were no superior power capable of ensuring the fidelity of the contracting parties, or compelling them to perform their reciprocal engagements, the parties would be sole judges in their own cause, and each would always have a right to renounce the contract, as soon as he found that the other had violated its terms, or that they no longer suited his convenience. It is upon this principle that the right of abdication may possibly be founded. Now, if, as here, we consider only what is human in this institution, it is certain that, if the magistrate, who has all the power in his own hands, and appropriates to himself all the advantages of the contract, has none the less a right to renounce his authority, the people, who suffer for all the faults of their chief, must have a much better right to renounce their dependence. But the terrible and innumerable quarrels and disorders that would necessarily arise from so dangerous a privilege, show, more than anything else, how much human governments stood in need of a more solid basis than mere reason, and how expedient it was for the public tranquillity that the divine will should interpose to invest the sovereign authority with a sacred and inviolable character, which might deprive subjects of the fatal right of disposing of it. If the world had received no other advantages from religion, this would be enough to impose on men the duty of adopting and cultivating it, abuses and all, since it has been the means of saving more blood than fanaticism has ever spilt. But let us follow the thread of our hypothesis.
The different forms of government owe their origin to the differing degrees of inequality which existed between individuals at the time of their institution. If there happened to be any one man among them pre-eminent in power, virtue, riches or personal influence, he became sole magistrate, and the State assumed the form of monarchy. If several, nearly equal in point of eminence, stood above the rest, they were elected jointly, and formed an aristocracy. Again, among a people who had deviated less from a state of nature, and between whose fortune or talents there was less disproportion, the supreme administration was retained in common, and a democracy was formed. It was discovered in process of time which of these forms suited men the best. Some peoples remained altogether subject to the laws; others soon came to obey their magistrates. The citizens laboured to preserve their liberty; the subjects, irritated at seeing others enjoying a blessing they had lost, thought only of making slaves of their neighbours. In a word, on the one side arose riches and conquests, and on the other happiness and I virtue.
In these different governments, all the offices were at first elective; and when the influence of wealth was out of the question, the preference was given to merit, which gives a natural ascendancy, and to age, which is experienced in business and deliberate in council. The Elders of the Hebrews, the Gerontes at Sparta, the Senate at Rome, and the very etymology of our word Seigneur, show how old age was once held in veneration. But the more often the choice fell upon old men, the more often elections had to be repeated, and the more they became a nuisance; intrigues set in, factions were formed, party feeling grew--bitter, civil wars broke out; the lives of individuals were sacrificed to the pretended happiness of the State; and at length men were on the point of relapsing into their primitive anarchy. Ambitious chiefs profited by these circumstances to perpetuate their offices in their own families: at the same time the people, already used to dependence, ease, and the conveniences of life, and already incapable of breaking its fetters, agreed to an increase of its slavery, in order to secure its tranquillity. Thus magistrates, having become hereditary, contracted the habit of considering their offices as a family estate, and themselves as proprietors of the communities of which they were at first only the officers, of regarding their fellow-citizens as their slaves, and numbering them, like cattle, among their belongings, and of calling themselves the equals of the gods and longs of kings.
If we follow the progress of inequality in these various revolutions, we shall find that the establishment of laws and of the right of property was its first term, the institution of magistracy the second, and the conversion of legitimate into arbitrary power the third and last; so that the condition of rich and poor was authorised by the first period; that of powerful and weak by the second; and only by the third that of master and slave, which is the last degree of inequality, and the term at which all the rest remain, when they have got so far, till the government is either entirely dissolved by new revolutions, or brought back again to legitimacy. To understand this progress as necessary we must consider not so much the motives for the establishment of the body politic, as the forms it assumes in actuality, and the faults that necessarily attend it: for the flaws which make social institutions necessary are the same as make the abuse of them unavoidable. If we except Sparta, where the laws were mainly concerned with the education of children, and where Lycurgus established such morality as practically made laws needless--for laws as a rule, being weaker than the passions, restrain men without altering them--it would not be difficult to prove that every government, which scrupulously complied with the ends for which it was instituted, and guarded carefully against change and corruption, was set up unnecessarily. For a country, in which no one either evaded the laws or made a bad use of magisterial power, could require neither laws nor magistrates.
Political distinctions necessarily produce civil distinctions. The growing equality between the chiefs and the people is soon felt by individuals, and modified in a thousand ways according to passions, talents and circumstances. The magistrate could not usurp any illegitimate power, without giving distinction to the creatures with whom he must share it. Besides, individuals only allow themselves to be oppressed so far as they are hurried on by blind ambition, and, looking rather below than above them, come to love authority more than independence, and submit to slavery, that they may in turn enslave others. It is no easy matter to reduce to obedience a man who has no ambition to command; nor would the most adroit politician find it possible to enslave a people whose only desire was to be independent. But inequality easily makes its way among cowardly and ambitious minds, which are ever ready to run the risks of fortune, and almost indifferent whether they command or obey, as it is favourable or adverse. Thus, there must have been; a time, when the eyes of the people were so fascinated, that their rulers had only to say to the least of men, "Be great, you and all your posterity," to make him immediately appear great in the eyes of every one as well as in his own. His descendants took still more upon them, in proportion to their distance from him; the more obscure; and uncertain the cause, the greater the effect: the greater--the number of idlers one could count in a family, the more illustrious it was held to be.
If this were the place to go into details, I could readily explain how, even without the intervention of government, inequality of credit and authority became unavoidable among private persons, as soon as their union in a single society made them compare themselves one with another, and take into account the differences which they found out from the continual intercourse every man had to have with his neighbours.[8] These differences are of several kinds; but riches, nobility or rank, power and personal merit being the principal distinctions by which men form an estimate of each other in society, I could prove that the harmony or conflict of these different forces is the surest indication of the good or bad constitution of a State. I could show that among these four kinds of inequality, personal qualities being the origin of all the others, wealth is the one to which they are all reduced in the end; for, as riches tend most immediately to the prosperity of individuals, and are easiest to communicate, they are used to purchase every other distinction. By this observation we are enabled to judge pretty exactly how far a people has departed from its primitive constitution, and of its progress towards the extreme term of corruption.
I could explain how much this universal desire for reputation, honours and advancement, which inflames us all, exercises and holds up to comparison our faculties and powers; how it excites and multiplies our passions, and, by creating universal competition and rivalry, or rather enmity, among men, occasions numberless failures, successes and disturbances of all kinds by making so many aspirants run the same course. I could show that it is to this desire of being talked about, and this unremitting rage of distinguishing ourselves, that we owe the best and the worst things we possess, both our virtues and our vices, our science and our errors, our conquerors and our philosophers; that is to say, a great many bad things, and a very few good ones. In a word, I could prove that, if we have a few rich and powerful men on the pinnacle of fortune and grandeur, while the crowd grovels in want and obscurity, it is because the former prize what they enjoy only in so far as others are destitute of it; and because, without changing their condition, they would cease to be happy the moment the people ceased to be wretched.
_Pectore si fratris gladium juguloque parentis_ _Condere me jubeas, gravidæque in viscera partu_ _Conjugis, invitâ peragam tamen omnia dextrâ._ Lucan. i, 376. From great inequality of fortunes and conditions, from the vast variety of passions and of talents, of useless and pernicious arts, of vain sciences, would arise a multitude of prejudices equally contrary to reason, happiness and virtue. We should see the magistrates fomenting everything that might weaken men united in society, by promoting dissension among them; everything that might sow in it the seeds of actual division, while it gave society the air of harmony; everything that might inspire the different ranks of people with mutual hatred and distrust, by setting the rights and interests of one against those of another, and so strengthen the power which comprehended them all. It is from the midst of this disorder and these revolutions, that despotism, gradually raising up its hideous head and devouring everything that remained sound and untainted in any part of the State, would at length trample on both the laws and the people, and establish itself on the ruins of the republic. The times which immediately preceded this last change would be times of trouble and calamity; but at length the monster would swallow up everything, and the people would no longer have either chiefs or laws, but only tyrants. From this moment there would be no question of virtue or morality; for despotism _cui ex honesto nulla est spes_, wherever it prevails, admits no other master; it no sooner speaks than probity and duty lose their weight and blind obedience is the only virtue which slaves can still practise.
This is the last term of inequality, the extreme points that closes the circle, and meets that from which we set out. Here all private persons return to their first equality, because they are nothing; and, subjects having no law but the will of their master, and their master no restraint but his passions, all notions of good and all principles of equity again vanish. There is here a complete return to the law of the strongest, and so to a new state of nature, differing from that we set out from; for the one was a state of nature in its first purity, while this is the consequence of excessive corruption. There is so little difference between the two states in other respects, and the contract of government is so completely dissolved by despotism, that the despot is master only so long as he remains the strongest; as soon as he can be expelled, he has no right to complain of violence. The popular insurrection that ends in the death or deposition of a Sultan is as lawful an act as those by which he disposed, the day before, of the lives and fortunes of his subjects. As he was maintained by force alone, it is force alone that overthrows him. Thus everything takes place according to the natural order; and, whatever may be the result of such frequent and precipitate revolutions, no one man has reason to complain of the injustice of another, but only of his own ill-fortune or indiscretion.
If the reader thus discovers and retraces the lost and forgotten road, by which man must have passed from the state of nature to the state of society; if he carefully restores, along with the intermediate situations which I have just described, those which want of time has compelled me to suppress, or my imagination has failed to suggest, he cannot fail to be struck by the vast distance which separates the two states. It is in tracing this slow succession that he will find the solution of a number of problems of politics and morals, which philosophers cannot settle. He will feel that, men being different in different ages, the reason why Diogenes could not find a man was that he sought among his contemporaries a man of an earlier period. He will see that Cato died with Rome and liberty, because he did not fit the age in which he lived; the greatest of men served only to astonish a world which he would certainly have ruled, had he lived five hundred years sooner.
In a word, he will explain how the soul and the passions of men insensibly change their very nature; why our wants and pleasures in the end seek new objects; and why, the original man having vanished by degrees, society offers to us only an assembly of artificial men and factitious passions, which are the work of all these new relations, and without any real foundation in nature. We are taught nothing on this subject, by reflection, that is not entirely confirmed by observation. The savage and the civilised man differ so much in the bottom of their hearts and in their inclinations, that what constitutes the supreme happiness of one would reduce the other to despair. The former breathes only peace and liberty; he desires only to live and be free from labour; even the _ataraxia_ of the Stoic falls far short of his profound indifference to every other object. Civilised man, on the other hand, is always moving, sweating, toiling and racking his brains to find still more laborious occupations: he goes on in drudgery to his last moment, and even seeks death to put himself in a position to live, or renounces life to acquire immortality.
He pays his court to men in power, whom he hates, and to the wealthy, whom he despises; he stops at nothing to have the honour of serving them; he is not ashamed to value himself on his own meanness and their protection; and, proud of his slavery, he speaks with disdain of those, who have not the honour of sharing it. What a sight would the perplexing and envied labours of a European minister of State present to the eyes of a Caribean! How many cruel deaths would not this indolent savage prefer to the horrors of such a life, which is seldom even sweetened by the pleasure of doing good! But, for him to see into the motives of all this solicitude, the words _power_ and _reputation_, would have to bear some meaning in his mind; he would have to know that there are men who set a value on the opinion of the rest of the world; who can be made happy and satisfied with themselves rather on the testimony of other people than on their own.
In reality, the source, of all these differences is, that the savage lives within himself, while social man lives constantly outside himself, and only knows how to live in the opinion of others, so that he seems to receive the consciousness of his own existence merely from the judgment of others concerning him. It is not to my present purpose to insist on the indifference to good and evil which arises from this disposition, in spite of our many fine works on morality, or to show how, everything being reduced to appearances, there is but art and mummery in even honour, friendship, virtue, and often vice itself, of which we at length learn the secret of boasting; to show, in short, how, always asking others what, we are, and never daring to ask ourselves, in the midst of so much philosophy, humanity and civilisation, and of such sublime codes of morality, we have nothing to show for ourselves but a frivolous and deceitful appearance, honour without virtue, reason without wisdom, and pleasure without happiness. It is sufficient that I have proved that this is not by any means the original state of man, but that it is merely the spirit of society, and the inequality which society produces, that thus transform and alter all our natural inclinations.
I have endeavoured to trace the origin and progress of inequality, and the institution and abuse of political societies, as far as these are capable of being deduced from the nature of man merely by the light of reason, and independently of those sacred dogmas which give the sanction of divine right to sovereign authority. It follows from this survey that, as there is hardly any inequality in the state of nature, all the inequality which now prevails owes its strength and growth to the development of our faculties and the advance of the human mind, and becomes at last permanent and legitimate by the establishment of property and laws. Secondly, it follows that moral inequality authorised by positive right alone, clashes with natural right, whenever it is not proportionate to physical inequality; a distinction which sufficiently determines what we ought to think of that species of inequality which prevails in all civilised countries; since it is plainly contrary to the law of nature, however defined, that children should command old men, fools wise men, and that the privileged few should gorge themselves with superfluities, while the starving multitude are in want of the bare necessities of life. [5] Ovid, Metamorphoses xi, 127. Both rich and poor, shocked at their new-found ills, Would fly from wealth, and lose what they had sought.
But in the first place, there never existed a society, however corrupt some may have become, where no difference was made between the good and the bad; and with regard to morality, where no measures can be prescribed by law exact enough to serve as a practical rule for a magistrate, it is with great prudence that, in order not to leave the fortune or quality of the citizens to his discretion, it prohibits him from passing judgment on persons and confines his judgment to actions. Only morals such as those of the ancient Romans can bear censors, and such a tribunal among us would throw everything into confusion. The difference between good and bad men is determined by public esteem; the magistrate being strictly a judge of right alone; whereas the public is the truest judge of morals, and is of such integrity and penetration on this head, that although it may be sometimes deceived, it can never be corrupted. The rank of citizens ought, therefore, to be regulated, not according to their personal merit--for this would put it in the power of the magistrate to apply the law almost arbitrarily--but according to the actual services done to the State, which are capable of being more exactly estimated.
Text from Project Gutenberg, public domain in the United States.