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Jean-Jacques Rousseau was a fascinating individual whose unorthodox ideas and passionate prose caused a flurry of interest in 18 th century France. Rousseau's greatest work were published in 1762 -The Social Contract. Rousseau society itself is an implicit agreement to live together for the good of everyone with individual equality and freedom. However, people have enslaved themselves by giving over their power to governments which are not truly sovereign because they do not promote the general will. Rousseau believed that only the will of all the people together granted sovereignty. Various forms of government are instituted to legislate and enforce the laws.
He wrote, "The first duty of the legislator is to make the laws conformable to the general will, the first rule of public economy is that the administration of justice should be conformable to the laws. " His natural political philosophy echoes the way of Lao Tzu: "The greatest talent a ruler can possess is to disguise his power, in order to render it less odious, and to conduct the State so peaceably as to make it seem to have no need of conductors. " Rousseau valued his citizenship in Geneva where he was born, and he was one of the first strong voices for democratic principles. "There can be no patriotism without liberty, no liberty without virtue, no virtue without citizens; create citizens, and you have everything you need; without them, you will have nothing but debased slaves, from the rulers of the State downwards. " In the civil order, there can be any sure and legitimate rule of administration, men being taken as they are and laws as they might be. In this inquiry we shall endeavor always to unite what right sanctions with what is prescribed by interest, in order that justice and utility may in no case be divided. We enter upon this task without proving the importance of the subject. We shall be asked if we are the prince or the legislator, to write on politics. We answer that we am neither, and that is why we do so. If I were a prince or a legislator, I should not waste time in saying what wants doing; I should do it, or hold my peace.
As we were born citizens of a free state, and a member of the sovereign, we should feel, however feeble the influence of our voice can have on public affairs, the right of voting on them makes it our duty to study them: and we are happy, when we reflect upon governments, to find the inquiries always furnish us with new reasons for loving that of our own country. Man is born free; and everywhere he is in chains. One thinks himself the master of others, and still remains a greater slave than they. How did this change come about?
we do not know. What can make it legitimate? That question can be answered. If we took into account only force, and the effects derived from it, "as long as a people is compelled to obey, and obeys, it does well; as soon as it can shake off the yoke, and shakes it off, it does still better; for, regaining its liberty by the same right as took it away, either it is justified in resuming it, or there was no justification for those who took it away. " But the social order is a sacred right which is the basis of all other rights. Nevertheless, this right does not come from nature, and must therefore be founded on conventions.
Before coming to that, we have to prove what has just been asserted. The most ancient of all societies, and the only one that is natural, is the family: and even so the children remain attached to the father only so long as they need him for their preservation. As soon as this need ceases, the natural bond is dissolved. The children, released from the obedience they owed to the father, and the father, released from the care he owed his children, return equally to independence. If they remain united, they continue so no longer naturally, but voluntarily; and the family itself is then maintained only by convention. This common liberty results from the nature of man.
His first law is to provide for his own preservation, his first cares are those which he owes to himself; and, as soon as he reaches years of discretion, he is the sole judge of the proper means of preserving himself, and consequently becomes his own master. The family then may be called the first model of political societies: the ruler corresponds to the father, and the people to the children; and all, being born free and equal, alienate their liberty only for their own advantage. The whole difference is that, in the family, the love of the father for his children repays him for the care he takes of them, while, in the state, the pleasure of commanding takes the place of the love which the chief cannot have for the peoples under him. The strongest is never strong enough to be always the master, unless he transforms strength into right, and obedience into duty.
Hence the right of the strongest, which, though to all seeming meant ironically, is really laid down as a fundamental principle. But are we never to have an explanation of this phrase? To yield to force is an act of necessity, not of will at the most, an act of prudence. In what sense can it be a duty? Suppose for a moment that this so-called "right" exists. Maintained that the sole result is a mass of inexplicable nonsense.
For, if force creates right, the effect changes with the cause: every force that is greater than the first succeeds to its right. As soon as it is possible to disobey with impunity, disobedience is legitimate; and, the strongest being always in the right, the only thing that matters is to act so as to become the strongest. But what kind of right is that which perishes when force fails? If we must obey perforce, there is no need to obey because we ought; and if we are not forced to obey, we are under no obligation to do so. Clearly, the word "right" adds nothing to force: in this connection, it means absolutely nothing. Obey the powers that be.
If this means yield to force, it is a good precept, but superfluous: we can answer for its never being violated. All power comes from god, we admit; but so does all sickness: does that mean that we are forbidden to call in the doctor? A brigand surprises me at the edge of a wood: must we not merely surrender my purse on compulsion; but, even if we could withhold it, are we in conscience bound to give it up? For certainly the pistol he holds is also a power. Let us then admit that force does not create right, and that we are obliged to obey only legitimate powers. In that case, my original question recurs.
Since no man has a natural authority over his fellow, and force creates no right, we must conclude that conventions form the basis of all legitimate authority among men. If an individual, "can alienate his liberty and make himself the slave of a master, why could not a whole people do the same and make itself subject to a king?" There are in this passage plenty of ambiguous words which would need explaining; but let us confine ourselves to the word alienate. To alienate is to give or to sell. Now, a man who becomes the slave of another does not give himself; he sells himself, at the least for his subsistence: but for what does a people sell itself?
A king is so far from furnishing his subjects with their subsistence that he gets his own only from them. Do subjects then give their persons on condition that the king takes their goods also? It will be said that the despot assures his subjects civil tranquillity. Granted; but what do they gain, if the wars his ambition brings down upon them, his insatiable avidity, and the vexations conduct of his ministers press harder on them than their own dissension's would have done?
What do they gain, if the very tranquillity they enjoy is one of their miseries? Tranquillity is found also in dungeons; but is that enough to make them desirable places to live in? To say that a man gives himself gratuitously, is to say what is absurd and inconceivable; such an act is null and illegitimate, from the mere fact that he who does it is out of his mind. To say the same of a whole people is to suppose a people of madmen; and madness creates no right. Even if each man could alienate himself, he could not alienate his children: they are born men and free; their liberty belongs to them, and no one but they has the right to dispose of it. Before they come to years of judgment, the father can, in their name, lay down conditions for their preservation and well-being, but he cannot give them irrevocably and without conditions: such a gift is contrary to the ends of nature, and exceeds the rights of paternity.
It would therefore be necessary, in order to legitimize an arbitrary government, that in every generation the people should be in a position to accept or reject it; but, were this so, the government would be no longer arbitrary. To renounce liberty is to renounce being a man, to surrender the rights of humanity and even its duties. For him who renounces everything no indemnity is possible. Such a renunciation is incompatible with man's nature; to remove all liberty from his will is to remove all morality from his acts. Finally, it is an empty and contradictory convention that sets up, on the one side, absolute authority, and, on the other, unlimited obedience.
Is it not clear that we can be under no obligation to a person from whom we have the right to exact everything? Does not this condition alone, in the absence of equivalence or exchange, in itself involve the nullity of the act? For what right can my slave have against me, when all that he has belongs to me, and, his right being mine, this right of mine against myself is a phrase devoid of meaning? The victor having, as they hold, the right of killing the vanquished, the latter can buy back his life at the price of his liberty; and this convention is the more legitimate because it is to the advantage of both parties. But it is clear that this supposed right to kill the conquered is by no means deducible from the state of war.
Men, from the mere fact that, while they are living in their primitive independence, they have no mutual relations stable enough to constitute either the state of peace or the state of war, cannot be naturally enemies. War is constituted by a relation between things, and not between persons; and, as the state of war cannot arise out of simple personal relations, but only out of real relations, private war, or war of man with man, can exist neither in the state of nature, where there is no constant property, nor in the social state, where everything is under the authority of the laws. War is a relation, not between man and man, but between state and state, and individuals are enemies only accidentally, not as men, nor even as citizens, but as soldiers; not as members of their country, but as its defenders. Finally, each state can have for enemies only other states, and not men; for between things disparate in nature there can be no real relation.
Furthermore, this principle is in conformity with the established rules of all times and the constant practice of all civilized peoples. Declarations of war are intimations less to powers than to their subjects. The foreigner, whether king, individual, or people, who robs, kills or detains the subjects, without declaring war on the prince, is not an enemy, but a brigand. Even in real war, a just prince, while laying hands, in the enemy's country, on all that belongs to the public, respects the lives and goods of individuals: he respects rights on which his own are founded. The object of the war being the destruction of the hostile state, the other side has a right to kill its defenders, while they are bearing arms; but as soon as they lay them down and surrender, they cease to be enemies or instruments of the enemy, and become once more merely men, whose life no one has any right to take. Sometimes it is possible to kill the state without killing a single one of its members; and war gives no right which is not necessary to the gaining of its object.
These principles are not those of grotius: they are not based on the authority of poets, but derived from the nature of reality and based on reason. The right of conquest has no foundation other than the right of the strongest. If war does not give the conqueror the right to massacre the conquered peoples, the right to enslave them cannot be based upon a right which does not exist. No one has a right to kill an enemy except when he cannot make him a slave, and the right to enslave him cannot therefore be derived from the right to kill him. It is accordingly an unfair exchange to make him buy at the price of his liberty his life, over which the victor holds no right.
Is it not clear that there is a vicious circle in founding the right of life and death on the right of slavery, and the right of slavery on the right of life and death? Even if we assume this terrible right to kill everybody, we maintain that a slave made in war, or a conquered people, is under no obligation to a master, except to obey him as far as he is compelled to do so. By taking an equivalent for his life, the victor has not done him a favor; instead of killing him without profit, he has killed him usefully. So far then is he from acquiring over him any authority in addition to that of force, that the state of war continues to subsist between them: their mutual relation is the effect of it, and the usage of the right of war does not imply a treaty of peace. A convention has indeed been made; but this convention, so far from destroying the state of war, presupposes its continuance. So, from whatever aspect we regard the question, the right of slavery is null and void, not only as being illegitimate, but also because it is absurd and meaningless.
The words slave and right contradict each other, and are mutually exclusive. It will always be equally foolish for a man to say to a man or to a people: "I make with you a convention wholly at your expense and wholly to my advantage; I shall keep it as long as I like, and you will keep it as long as I like. " Even if we granted all that we have been refuting, the friends of despotism would be no better off. There will always be a great difference between subduing a multitude and ruling a society. Even if scattered individuals were successively enslaved by one man, however numerous they might be, we still see no more than a master and his slaves, and certainly not a people and its ruler; we see what may be termed an aggregation, but not an association; there is as yet neither public good nor body politic. The man in question, even if he has enslaved half the world, is still only an individual; his interest, apart from that of others, is still a purely private interest. If this same man comes to die, his empire, after him, remains scattered and without unity, as an oak falls and dissolves into a heap of ashes when the fire has consumed it We suppose men to have reached the point at which the obstacles in the way of their preservation in the state of nature show...
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