Part 50

My object is to discover whether, in civil polity, there is any legitimate and definite canon of government, taking men as they are, and laws as they might be. In this enquiry I shall uniformly try to reconcile that which is permitted by right with that which is prescribed by interest so as to avoid the clash of justice with utility.

Man is born free, and yet is everywhere in fetters. He is governed, obliged to obey laws. What is it that legitimises the subjection of men to government? I think I can solve the problem.

It is not merely a matter of force; force is only the power of the strongest, and must yield when a greater strength arises; there is here no question of right, but simply of might. But social order is a sacred right that serves as a base for all others. This right, however, does not arise from nature; it is founded, therefore, upon conventions. It is necessary, then, to know what these conventions are.

The explanation of social order is not to be found in the family tie, since, when a child grows up it escapes from tutelage; the parents' right to exercise authority is only temporary. Nor can government be based on servitude. An individual man may sell his liberty to another for sustenance; but a nation cannot sell its liberty--it does not receive sustenance from its ruler, but on the contrary sustains him. A bargain in which one party gains everything and the other loses everything is plainly no bargain at all, and no claim of right can be founded on it. But even supposing that a people could thus give up its liberty to a ruler, it must be a people before it does so. The gift is a civil act, which pre-supposes a public deliberation. Before, then, we examine the act by which a people chooses a king, it would be well to examine the act by which a people becomes a people; for this act, which necessarily precedes the other, must be the true foundation of society.

Let it be assumed that the obstacles which prejudice the conservation of man in a state of nature have prevailed by their resistance over the forces which each individual is able to employ to keep himself in that state. The primitive condition can then no longer exist; mankind must change it or perish.

The problem with which men are confronted under these circumstances may be stated as follows--"To find a form of association that defends and protects with all the common force the person and property of each partner, and by which each partner, uniting himself with all the rest, nevertheless obeys only himself, and remains as free as heretofore." This is the fundamental problem to which the Social Contract affords a solution.

The clauses of this contract are determined by the nature of the act in such a manner that the least modification renders them of no effect; so that, even when they have not been formally stated, they are everywhere the same, everywhere tacitly acknowledged; and if the compact is violated, everyone returns forthwith to his natural liberty.

The essence of the pact is the total and unreserved alienation by each partner of all his rights to the community as a whole. No individual can retain any rights that are not possessed equally by all other individuals without the contract being thereby violated. Again, each partner, by yielding his rights to the community, yields them to no individual, and thus in his relations with individuals he regains all the rights he has sacrificed.

The compact, therefore, may be reduced to the following terms--"each of us places in common his person and all his power under the supreme direction of the general will; and we receive each member as an indivisible part of the whole."

By this act is created a moral and collective body, composed of as many members as the society has voices, receiving from this same act its unity, its common "I," its life, and its will. This body is the Republic, called by its members the state, the state when passive, the sovereign when active, a power in its relations with similar bodies. The partners are collectively called the people; they are citizens, as participants in the sovereign authority, and subjects as under obligation to the laws of the state.

The sovereign, then, is the general will; and each individual finds himself engaged in a double relationship--as a member of the sovereign. To the general will each partner must, by the terms of the contract, submit himself, without respect to his private inclinations. If he refuses to submit, the sovereign will compel him to do so; which is as much as to say, that it will force him to be free; for in the supremacy of the general will lies the only guarantee to each citizen of freedom from personal dependence.

By passing, through the compact, from the state of nature to the civil state, man substitutes justice for instinct in his conduct, and gives to his actions a morality of which they were formerly devoid. What man loses by the contract is his natural liberty, and an illimitable right to all that tempts him and that he can obtain; what he gains is civil liberty, and a right of secure property in all that he possesses.

I shall conclude this chapter with a remark which should serve as a basis for the whole social system; it is that in place of destroying natural liberty, the fundamental pact substitutes a moral and legitimate equality for the natural physical inequality between men, and that, while men may be unequal in strength and talent, they are all made equal by convention and right.

The Sovereign and the Laws

The first and most important consequence of the principles above established is that only the general will can direct the forces of the state towards the aim of its institutions, which is the common good; for if the antagonism of particular interests has rendered necessary the establishment of political societies, it is the accord of these interests that has rendered such societies possible.

I maintain, then, that sovereignty, being the exercise of the general will, cannot be alienated, and that the sovereign, which is simply a collective being, cannot be represented save by itself; it may transfer its power, but not its will.

For the same reason that sovereignty is inalienable, it is indivisible. For the will is either general or it is not. If it is general, it is, when declared, an act of the people, and becomes law; if it is not general, it is, when declared, merely an act of a particular person or persons, not of the sovereign.

The general will is infallible; but the deliberations of the people are not necessarily so. The people may be, and often are, deceived. Particular interests may gain an advantage over general interests, and in that case the rival particular interests should be allowed to destroy each other, so that the true general interest may prevail. In order to secure the clear expression of the general will, there should be no parties or groups within the state; if such groups exist, they should be multiplied in number, so that no one party should get the upper hand.

While, under the contract, each person alienates his power, his goods, and his liberty, he only alienates so much of these as are of concern to the community; but it belongs to the sovereign to determine what is of concern to the community and what is not.

Whatsoever services a citizen owes to the state, he owes them directly the sovereign demands them; but the sovereign, on its part, must not charge its citizens with any obligations useless to the community; for, under the law of reason, nothing is done without cause, any more than under the law of nature. The general will, let it be repeated, tends always to public utility, and is intrinsically incapable of demanding services not useful to the public.

A law is an expression of a general will, and must be general in its terms and import. The sovereign cannot legislate for part of the individuals composing the state, for if it did so the general will would enter into a particular relation with particular people, and that is contrary to its nature. The law may thus confer privileges, but must not name the persons to whom the privileges are to belong. It may establish a royal government, but must not nominate a king. Any function relating to an individual object does not appertain to the legislative power. As a popular assembly is not always enlightened, though the general will when properly ascertained, must be right--the service of a wise legislator is necessary to draw up laws with the sovereign's approval.

The legislator, if he be truly wise, will not begin by writing down laws very good in the abstract, but will first look about to see whether the people for whom he intends them is capable of upholding them. He must bear in mind many considerations--the situation of the country--the nature of the soil--the density of the population--the national history, occupations, and aptitudes.

Among these considerations one of the most important is the area of the state. As nature has given limits to the stature of a normal man, beyond she makes only giants or dwarfs, there are also limits beyond which a state is, in the one direction, too large to be well-governed, and, in the other, too small to maintain itself. There is in every body politic a maximum of force which cannot be exceeded, and from which the state often falls away by the process of enlarging itself. The further the social bond is extended, the slacker it becomes; and, in general, a small state is proportionately stronger than a large one.

It is true that a state must have a certain breadth of base for the sake of solidity, and in order to resist violent shocks from without. But, on the other hand, administration becomes more troublesome with distance. It increases in burdensomeness, moreover, with the multiplication of degrees. Each town, district, and province, has its administration, for which the people must pay. Finally, overwhelming everything, is the remote central administration. Again the government in a large state has less vigour and swiftness than in a smaller one; the people have less affection for their chiefs, their country, and for each other--since they are, for the most part, strangers to each other. Uniform laws are not suitable for diverse provinces. Yet diverse laws among people belonging to the same state, breed weakness and confusion, for a healthy and well-knit constitution, in brief, it is wiser to count upon the vigour that is born of good government than upon the resources supplied by greatness of territory.

The greatest good of all, which should be the aim of every system of legislation, may, on investigation, be reduced to two main objects, liberty and equality: liberty, because all dependence of individuals on other individuals is so much force taken away from the body of the state; equality, because without it liberty cannot exist.

But these general objects of every good institution should be regulated in every country in accord with its situation and the character of its inhabitants. Nations with rich territories, for example, should be led to devote themselves to agriculture; manufacturing industry should be left to sterile lands. That which renders the constitution of the state genuinely solid and endurable is the judicious adaptation of laws to natural conditions. A conflict between the two tends to destruction; but when the laws are in sympathy with the natural conditions, when they keep in touch with them, and improve them, the state should prosper.

The Government

Every free action has two causes which concur to produce it: one of them the will that determines upon the act, the other the power that performs it. In the political body, one must distinguish between these two--the legislative power and the executive power. The executive power cannot belong to the sovereign, inasmuch as executive acts are particular acts, aimed at individuals, and therefore, as already explained, outside the sovereign's sphere. Public force, then, requires an agent to apply it, according to the direction of the general will. This is the government, erroneously confounded with the sovereign, of which it is only the minister. It is an intermediary body, established between subject and sovereign for their mutual correspondence, charged with the execution of the laws and the maintenance of civil and political liberty.