My purpose is to consider if, in political society, there can be any legitimate and sure principle of government, taking men as they are and laws as they might be.
Born as I was the citizen of a free state and a member of its sovereign body, the very right to vote imposes on me the duty to instruct myself in public affairs, however little influence my voice may have in them. And whenever I reflect upon governments, I am happy to find that my studies always give me fresh reasons for admiring that of my own country.
Man was born free, and he is everywhere in chains.
If there are slaves by nature, it is only because there has been slavery against nature. Force made the first slaves; and their cowardice perpetuates their slavery.
Since no man has any natural authority over his fellows, and since force alone bestows no right, all legitimate authority among men must be based on covenants.
To renounce freedom is to renounce one’s humanity, one’s rights as a man and equally one’s duties. There is no possible quid pro quo for one who renounces everything; indeed such renunciation is contrary to man’s very nature; for if you take away all freedom of the will, you strip a man’s actions of all moral significance. Finally, any covenant which stipulated absolute dominion for one party and absolute obedience for the other would be illogical and nugatory. Is it not evident that he who is entitled to demand everything owes nothing? And does not the single fact of there being no reciprocity, no mutual obligation, nullify the act? For what right can my slave have against me? If everything he has belongs to me, his right is my right, and it would be nonsense to speak of my having a right against myself.
“How to find a form of association which will defend the person and goods of each member with the collective force of all, and under which each individual, while uniting himself with the others, obeys no one but himself, and remains as free as before.” This is the fundamental problem to which the social contract holds the solution.
The act of association consists of a reciprocal commitment between society and the individual, so that each person, in making a contract, as it were, with himself, finds himself doubly committed, first, as a member of the sovereign body in relation to individuals, and secondly as a member of the state in relation to the sovereign. Here there can be no invoking the principle of civil law which says that no man is bound by a contract with himself, for there is a great difference between having an obligation to oneself and having an obligation to something of which one is a member.
Hence, in order that the social pact shall not be an empty formula, it is tacitly implied in that commitment—which alone can give force to all others—that whoever refuses to obey the general will shall be constrained to do so by the whole body, which means nothing other than that he shall be forced to be free; for this is the necessary condition which, by giving each citizen to the nation, secures him against all personal dependence, it is the condition which shapes both the design and the working of the political machine, and which alone bestows justice on civil contracts—without it, such contracts would be absurd, tyrannical and liable to the grossest abuse.
Suppose we draw up a balance sheet, so that the losses and gains may be readily compared. What man loses by the social contract is his natural liberty and the absolute right to anything that tempts him and that he can take; what he gains by the social contract is civil liberty and the legal right of property in what he possesses. If we are to avoid mistakes in weighing the one side against the other, we must clearly distinguish between natural liberty, which has no limit but the physical power of the individual concerned, and civil liberty, which is limited by the general will; and we must distinguish also between possession, which is based only on force or “the right of the first occupant,” and property, which must rest on a legal title.
We might also add that man acquires with civil society, moral freedom, which alone makes man the master of himself; for to be governed by appetite alone is slavery, while obedience to a law one prescribes to oneself is freedom. However, I have already said more than enough on this subject, and the philosophical meaning of the word “freedom” is no part of my subject here.
It is in order to avoid becoming the victim of a murderer that one consents to die if one becomes a murderer oneself.
I have already said that the general will cannot relate to any particular object. For such a particular object is either within the state or outside the state. If it is outside, then a will which is alien to it is not general with regard to it: if the object is within the state, it forms a part of the state. Thus there comes into being a relationship between the whole and the part which involves two separate entities, the part being one, and the whole, less that particular part, being the other. But a whole less a particular part is no longer a whole; and so as long as this relationship exists there is no whole but only two unequal parts, from which it follows that the will of the one is no longer general with respect to the other.
We can no longer ask who is to make laws, because laws are acts of the general will; no longer ask if the prince is above the law, because he is a part of the state; no longer ask if the law can be unjust, because no one is unjust to himself; and no longer ask how we can be both free and subject to laws, for the laws are but registers of what we ourselves desire.
Whoever ventures on the enterprise of setting up a people must be ready, shall we say, to change human nature, to transform each individual, who by himself is entirely complete and solitary, into a part of a much greater whole, from which that same individual will then receive, in a sense, his life and his being. The founder of nations must weaken the structure of man in order to fortify it, to replace the physical and independent existence we have all received from nature with a moral and communal existence. In a word each man must be stripped of his own powers, and given powers which are external to him, and which he cannot use without the help of others. The nearer men’s natural powers are to extinction or annihilation, and the stronger and more lasting their acquired powers, the stronger and more perfect is the social institution.
As for equality, this word must not be taken to imply that degrees of power and wealth should be absolutely the same for all, but rather that power shall stop short of violence and never be exercised except by virtue of authority and law, and, where wealth is concerned, that no citizen shall be rich enough to buy another and none so poor as to be forced to sell himself; this in turn implies that the more exalted persons need moderation in goods and influence and the humbler persons moderation in avarice and covetousness.
The public force thus needs its own agent to call it together and put it into action in accordance with the instructions of the general will, to serve also as a means of communication between the state and the sovereign, and in a sense to do for the public person what is done for the individual by the union of soul and body. This is the reason why the state needs a government, something often unhappily confused with the sovereign, but of which it is really only the minister.
What, then, is the government? An intermediary body established between the subjects and the sovereign for their mutual communication, a body charged with the execution of the laws and the maintenance of freedom, both civil and political.
Such is the natural and inevitable tendency of the best constituted governments. If Sparta and Rome perished, what state can hope to last for ever? If we wish, then, to set up a lasting constitution, let us not dream of making it eternal. We can succeed only if we avoid attempting the impossible and flattering ourselves that we can give to the work of man a durability that does not belong to human things.
The sovereign, having no other force than the legislative power, acts only through the laws, and since the laws are nothing other than authentic acts of the general will, the sovereign can act only when the people is assembled.
The boundaries of the possible in the moral realm are less narrow than we think; it is our own weaknesses, our vices and our prejudices that limit them. Base minds do not believe in great men; low slaves jeer in mockery at the word “freedom.”
The better the state is constituted, the more does public business take precedence over private in the minds of the citizens. There is indeed much less private business, because the sum of the public happiness furnishes a larger proportion of each individual’s happiness, so there remains less for him to seek on his own. In a well-regulated nation, every man hastens to the assemblies; under a bad government, no one wants to take a step to go to them, because no one feels the least interest in what is done there, since it is predictable that the general will will not be dominant, and, in short, because domestic concerns absorb all the individual’s attention. Good laws lead men to make better ones; bad laws lead to worse. As soon as someone says of the business of the state—“What does it matter to me?”—then the state must be reckoned lost.
The idea of representation is a modem one. It comes to us from feudal government, from that iniquitous and absurd system under which the human race is degraded and which dishonours the name of man. In the republics and even in the monarchies of the ancient world, the people never had representatives; the very word was unknown.
At the opening of these assemblies, of which the only purpose is the maintenance of the social treaty, two motions should be put, motions which may never be annulled and which must be voted separately:
The first: “Does it please the sovereign to maintain the present form of government?”
The second: “Does it please the people to leave the administration to those at present charged with it?”
In the end, when the state, on the brink of ruin, can maintain itself only in an empty and illusory form, when the social bond is broken in every heart, when the meanest interest impudently flaunts the sacred name of the public good, then the general will is silenced: everyone, animated by secret motives, ceases to speak as a citizen any more than as if the state had never existed; and the people enacts in the guise of laws iniquitous decrees which have private interests as their only end.
Does it follow from this that the general will is annihilated or corrupted? No, that is always unchanging, incorruptible and pure, but it is subordinated to other wills which prevail over it. Each man, in detaching his interest from the common interest, sees clearly that he cannot separate it entirely, but his share of the public evil seems to him to be nothing compared to the exclusive good he seeks to make his own.
It is useless to separate the morals of a nation from the objects of its esteem; for both spring from the same principle and both necessarily merge together. Among all the peoples of the world, it is not nature but opinion which governs the choice of their pleasures. Reform the opinions of men, and their morals will be purified of themselves. Men always love what is good or what they think is good, but it is in their judgement that they err; hence it is their judgement that has to be regulated. To judge morals is to judge what is honoured; to judge what is honoured, is to look to opinion as law.
Christianity preaches only servitude and submission. Its spirit is too favourable to tyranny for tyranny not to take advantage of it.
The dogmas of the civil religion must be simple and few in number, expressed precisely and without explanations or commentaries. The existence of an omnipotent, intelligent, benevolent divinity that foresees and provides; the life to come; the happiness of the just; the punishment of sinners; the sanctity of the social contract and the law—these are the positive dogmas. As for the negative dogmas, I would limit them to a single one: no intolerance. Intolerance is something which belongs to the religions we have rejected.