Freedom in American Society

1

Discourse on the Origin of Inequality Jean Jacques Rousseau

1754

A DISSERTATION ON THE ORIGIN AND FOUNDATION OF

THE INEQUALITY OF MANKIND

…

The subject of the present discourse, therefore, is more precisely this. To mark, in the progress of things, the moment at which right took the place of violence and nature became subject to law, and to explain by what sequence of miracles the strong came to submit to serve the weak, and the people to purchase imaginary repose at the expense of real felicity.

The philosophers, who have inquired into the foundations of society, have all felt the necessity of going back to a state of nature; but not one of them has got there. Some of them have not hesitated to ascribe to man, in such a state, the idea of just and unjust, without troubling themselves to show that he must be possessed of such an idea, or that it could be of any use to him. Others have spoken of the natural right of every man to keep what belongs to him, without explaining what they meant by belongs. Others again, beginning by giving the strong authority over the weak, proceeded directly to the birth of government, without regard to the time that must have elapsed before the meaning of the words authority and government could have existed among men. Every one of them, in short, constantly dwelling on wants, avidity, oppression, desires and pride, has transferred to the state of nature ideas which were acquired in society; so that, in speaking of the savage, they described the social man. It has not even entered into the heads of most of our writers to doubt whether the state of nature ever existed; but it is clear from the Holy Scriptures that the first man, having received his understanding and commandments immediately from God, was not himself in such a state; and that, if we give such credit to the writings of Moses as every Christian philosopher ought to give, we must deny that, even before the deluge, men were ever in the pure state of nature; unless, indeed, they fell back into it from some very extraordinary circumstance; a paradox which it would be very embarrassing to defend, and quite impossible to prove.

Let us begin then by laying facts aside, as they do not affect the question. The investigations we may enter into, in treating this subject, must not be considered as historical truths, but only as mere conditional and hypothetical reasonings, rather calculated to explain the nature of things,

2

than to ascertain their actual origin; just like the hypotheses which our physicists daily form respecting the formation of the world.

…

O man, of whatever country you are, and whatever your opinions may be, behold your history, such as I have thought to read it, not in books written by your fellow-creatures, who are liars, but in nature, which never lies. All that comes from her will be true; nor will you meet with anything false, unless I have involuntarily put in something of my own. The times of which I am going to speak are very remote: how much are you changed from what you once were! It is, so to speak, the life of your species which I am going to write, after the qualities which you have received, which your education and habits may have depraved, but cannot have entirely destroyed. There is, I feel, an age at which the individual man would wish to stop: you are about to inquire about the age at which you would have liked your whole species to stand still. Discontented with your present state, for reasons which threaten your unfortunate descendants with still greater discontent, you will perhaps wish it were in your power to go back; and this feeling should be a panegyric on your first ancestors, a criticism of your contemporaries, and a terror to the unfortunates who will come after you.

THE FIRST PART

…

If we strip this being (man), thus constituted, of all the supernatural gifts he may have received, and all the artificial faculties he can have acquired only by a long process; if we consider him, in a word, just as he must have come from the hands of nature, we behold in him an animal weaker than some, and less agile than others; but, taking him all round, the most advantageously organised of any. I see him satisfying his hunger at the first oak, and slaking his thirst at the first brook; finding his bed at the foot of the tree which afforded him a repast; and, with that, all his wants supplied.

While the earth was left to its natural fertility and covered with immense forests, whose trees were never mutilated by the axe, it would present on every side both sustenance and shelter for every species of animal. Men, dispersed up and down among the rest, would observe and imitate their industry, and thus attain even to the instinct of the beasts, with the advantage that, whereas every species of brutes was confined to one particular instinct, man, who perhaps has not any one peculiar to himself, would appropriate them all, and live upon most of those different foods which other animals shared among themselves; and thus would find his subsistence much more easily than any of the rest.

…

But who does not see, without recurring to the uncertain testimony of history, that everything seems to remove from savage man both the temptation and the means of changing his

3

condition? His imagination paints no pictures; his heart makes no demands on him. His few wants are so readily supplied, and he is so far from having the knowledge which is needful to make him want more, that he can have neither foresight nor curiosity. The face of nature becomes indifferent to him as it grows familiar. He sees in it always the same order, the same successions: he has not understanding enough to wonder at the greatest miracles; nor is it in his mind that we can expect to find that philosophy man needs, if he is to know how to notice for once what he sees every day. His soul, which nothing disturbs, is wholly wrapped up in the feeling of its present existence, without any idea of the future, however near at hand; while his projects, as limited as his views, hardly extend to the close of day.

…

THE SECOND PART

THE first man who, having enclosed a piece of ground, bethought himself of saying This is mine, and found people simple enough to believe him, was the real founder of civil society. From how many crimes, wars and murders, from how many horrors and misfortunes might not any one have saved mankind, by pulling up the stakes, or filling up the ditch, and crying to his fellows, "Beware of listening to this impostor; you are undone if you once forget that the fruits of the earth belong to us all, and the earth itself to nobody." But there is great probability that things had then already come to such a pitch, that they could no longer continue as they were; for the idea of property depends on many prior ideas, which could only be acquired successively, and cannot have been formed all at once in the human mind. Mankind must have made very considerable progress, and acquired considerable knowledge and industry which they must also have transmitted and increased from age to age, before they arrived at this last point of the state of nature. Let us then go farther back, and endeavour to unify under a single point of view that slow succession of events and discoveries in the most natural order.

Man's first feeling was that of his own existence, and his first care that of self-preservation. The produce of the earth furnished him with all he needed, and instinct told him how to use it. Hunger and other appetites made him at various times experience various modes of existence; and among these was one which urged him to propagate his species — a blind propensity that, having nothing to do with the heart, produced a merely animal act. The want once gratified, the two sexes knew each other no more; and even the offspring was nothing to its mother, as soon as it could do without her.

Such was the condition of infant man; the life of an animal limited at first to mere sensations, and hardly profiting by the gifts nature bestowed on him, much less capable of entertaining a thought of forcing anything from her. But difficulties soon presented themselves, and it became necessary to learn how to surmount them: the height of the trees, which prevented him from gathering their fruits, the competition of other animals desirous of the same fruits, and the ferocity of those who needed them for their own preservation, all obliged him to apply himself to bodily exercises. He had to be active, swift of foot, and vigorous in fight. Natural weapons,

4

stones and sticks, were easily found: he learnt to surmount the obstacles of nature, to contend in case of necessity with other animals, and to dispute for the means of subsistence even with other men, or to indemnify himself for what he was forced to give up to a stronger.

In proportion as the human race grew more numerous, men's cares increased. The difference of soils, climates and seasons, must have introduced some differences into their manner of living. Barren years, long and sharp winters, scorching summers which parched the fruits of the earth, must have demanded a new industry. On the seashore and the banks of rivers, they invented the hook and line, and became fishermen and eaters of fish. In the forests they made bows and arrows, and became huntsmen and warriors. In cold countries they clothed themselves with the skins of the beasts they had slain. The lightning, a volcano, or some lucky chance acquainted them with fire, a new resource against the rigours of winter: they next learned how to preserve this element, then how to reproduce it, and finally how to prepare with it the flesh of animals which before they had eaten raw.

This repeated relevance of various beings to himself, and one to another, would naturally give rise in the human mind to the perceptions of certain relations between them. Thus the relations which we denote by the terms, great, small, strong, weak, swift, slow, fearful, bold, and the like, almost insensibly compared at need, must have at length produced in him a kind of reflection, or rather a mechanical prudence, which would indicate to him the precautions most necessary to his security.

The new intelligence which resulted from this development increased his superiority over other animals, by making him sensible of it. He would now endeavour, therefore, to ensnare them, would play them a thousand tricks, and though many of them might surpass him in swiftness or in strength, would in time become the master of some and the scourge of others. Thus, the first time he looked into himself, he felt the first emotion of pride; and, at a time when he scarce knew how to distinguish the different orders of beings, by looking upon his species as of the highest order, he prepared the way for assuming pre-eminence as an individual.

Other men, it is true, were not then to him what they now are to us, and he had no greater intercourse with them than with other animals; yet they were not neglected in his observations. The conformities, which he would in time discover between them, and between himself and his female, led him to judge of others which were not then perceptible; and finding that they all behaved as he himself would have done in like circumstances, he naturally inferred that their manner of thinking and acting was altogether in conformity with his own. This important truth, once deeply impressed on his mind, must have induced him, from an intuitive feeling more certain and much more rapid than any kind of reasoning, to pursue the rules of conduct, which he had best observe towards them, for his own security and advantage.

Taught by experience that the love of well-being is the sole motive of human actions, he found himself in a position to distinguish the few cases, in which mutual interest might justify him in relying upon the assistance of his fellows; and also the still fewer cases in which a conflict of interests might give cause to suspect them. In the former case, he joined in the same herd with

5

them, or at most in some kind of loose association, that laid no restraint on its members, and lasted no longer than the transitory occasion that formed it. In the latter case, every one sought his own private advantage, either by open force, if he thought himself strong enough, or by address and cunning, if he felt himself the weaker.

In this manner, men may have insensibly acquired some gross ideas of mutual undertakings, and of the advantages of fulfilling them: that is, just so far as their present and apparent interest was concerned: for they were perfect strangers to foresight, and were so far from troubling themselves about the distant future, that they hardly thought of the morrow. If a deer was to be taken, every one saw that, in order to succeed, he must abide faithfully by his post: but if a hare happened to come within the reach of any one of them, it is not to be doubted that he pursued it without scruple, and, having seized his prey, cared very little, if by so doing he caused his companions to miss theirs.

…

Hurried on by the rapidity of time, by the abundance of things I have to say, and by the almost insensible progress of things in their beginnings, I pass over in an instant a multitude of ages; for the slower the events were in their succession, the more rapidly may they be described.

These first advances enabled men to make others with greater rapidity. In proportion as they grew enlightened, they grew industrious. They ceased to fall asleep under the first tree, or in the first cave that afforded them shelter; they invented several kinds of implements of hard and sharp stones, which they used to dig up the earth, and to cut wood; they then made huts out of branches, and afterwards learnt to plaster them over with mud and clay. This was the epoch of a first revolution, which established and distinguished families, and introduced a kind of property, in itself the source of a thousand quarrels and conflicts. As, however, the strongest were probably the first to build themselves huts which they felt themselves able to defend, it may be concluded that the weak found it much easier and safer to imitate, than to attempt to dislodge them: and of those who were once provided with huts, none could have any inducement to appropriate that of his neighbour; not indeed so much because it did not belong to him, as because it could be of no use, and he could not make himself master of it without exposing himself to a desperate battle with the family which occupied it.

The first expansions of the human heart were the effects of a novel situation, which united husbands and wives, fathers and children, under one roof. The habit of living together soon gave rise to the finest feelings known to humanity, conjugal love and paternal affection. Every family became a little society, the more united because liberty and reciprocal attachment were the only bonds of its union. The sexes, whose manner of life had been hitherto the same, began now to adopt different ways of living. The women became more sedentary, and accustomed themselves to mind the hut and their children, while the men went abroad in search of their common subsistence. From living a softer life, both sexes also began to lose something of their strength and ferocity: but, if individuals became to some extent less able to encounter wild beasts separately, they found it, on the other hand, easier to assemble and resist in common.

6

The simplicity and solitude of man's life in this new condition, the paucity of his wants, and the implements he had invented to satisfy them, left him a great deal of leisure, which he employed to furnish himself with many conveniences unknown to his fathers: and this was the first yoke he inadvertently imposed on himself, and the first source of the evils he prepared for his descendants. For, besides continuing thus to enervate both body and mind, these conveniences lost with use almost all their power to please, and even degenerated into real needs, till the want of them became far more disagreeable than the possession of them had been pleasant. Men would have been unhappy at the loss of them, though the possession did not make them happy.

…

Everything now begins to change its aspect. Men, who have up to now been roving in the woods, by taking to a more settled manner of life, come gradually together, form separate bodies, and at length in every country arises a distinct nation,

…

As ideas and feelings succeeded one another, and heart and head were brought into play, men continued to lay aside their original wildness; their private connections became every day more intimate as their limits extended. They accustomed themselves to assemble before their huts round a large tree; singing and dancing, the true offspring of love and leisure, became the amusement, or rather the occupation, of men and women thus assembled together with nothing else to do. Each one began to consider the rest, and to wish to be considered in turn; and thus a value came to be attached to public esteem. Whoever sang or danced best, whoever was the handsomest, the strongest, the most dexterous, or the most eloquent, came to be of most consideration; and this was the first step towards inequality, and at the same time towards vice. From these first distinctions arose on the one side vanity and contempt and on the other shame and envy: and the fermentation caused by these new leavens ended by producing combinations fatal to innocence and happiness.

As soon as men began to value one another, and the idea of consideration had got a footing in the mind, every one put in his claim to it, and it became impossible to refuse it to any with impunity. Hence arose the first obligations of civility even among savages; and every intended injury became an affront; because, besides the hurt which might result from it, the party injured was certain to find in it a contempt for his person, which was often more insupportable than the hurt itself.

Thus, as every man punished the contempt shown him by others, in proportion to his opinion of himself, revenge became terrible, and men bloody and cruel. This is precisely the state reached by most of the savage nations known to us: and it is for want of having made a proper distinction in our ideas, and see how very far they already are from the state of nature, that so many writers have hastily concluded that man is naturally cruel, and requires civil institutions to make him more mild; whereas nothing is more gentle than man in his primitive state, as he is

7

placed by nature at an equal distance from the stupidity of brutes, and the fatal ingenuity of civilised man. Equally confined by instinct and reason to the sole care of guarding himself against the mischiefs which threaten him, he is restrained by natural compassion from doing any injury to others, and is not led to do such a thing even in return for injuries received. For, according to the axiom of the wise Locke, There can be no injury, where there is no property.

…

So long as men remained content with their rustic huts, so long as they were satisfied with clothes made of the skins of animals and sewn together with thorns and fish-bones, adorned themselves only with feathers and shells, and continued to paint their bodies different colours, to improve and beautify their bows and arrows and to make with sharp-edged stones fishing boats or clumsy musical instruments; in a word, so long as they undertook only what a single person could accomplish, and confined themselves to such arts as did not require the joint labour of several hands, they lived free, healthy, honest and happy lives, so long as their nature allowed, and as they continued to enjoy the pleasures of mutual and independent intercourse. But from the moment one man began to stand in need of the help of another; from the moment it appeared advantageous to any one man to have enough provisions for two, equality disappeared, property was introduced, work became indispensable, and vast forests became smiling fields, which man had to water with the sweat of his brow, and where slavery and misery were soon seen to germinate and grow up with the crops.

…

The cultivation of the earth necessarily brought about its distribution; and property, once recognised, gave rise to the first rules of justice; for, to secure each man his own, it had to be possible for each to have something. Besides, as men began to look forward to the future, and all had something to lose, every one had reason to apprehend that reprisals would follow any injury he might do to another. This origin is so much the more natural, as it is impossible to conceive how property can come from anything but manual labour: for what else can a man add to things which he does not originally create, so as to make them his own property? It is the husbandman's labour alone that, giving him a title to the produce of the ground he has tilled, gives him a claim also to the land itself, at least till harvest, and so, from year to year, a constant possession which is easily transformed into property. When the ancients, says Grotius, gave to Ceres the title of Legislatrix, and to a festival celebrated in her honour the name of Thesmophoria, they meant by that that the distribution of lands had produced a new kind of right: that is to say, the right of property, which is different from the right deducible from the law of nature.

In this state of affairs, equality might have been sustained, had the talents of individuals been equal, and had, for example, the use of iron and the consumption of commodities always exactly balanced each other; but, as there was nothing to preserve this balance, it was soon disturbed; the strongest did most work; the most skilful turned his labour to best account; the

8

most ingenious devised methods of diminishing his labour: the husbandman wanted more iron, or the smith more corn, and, while both laboured equally, the one gained a great deal by his work, while the other could hardly support himself. Thus natural inequality unfolds itself insensibly with that of combination, and the difference between men, developed by their different circumstances, becomes more sensible and permanent in its effects, and begins to have an influence, in the same proportion, over the lot of individuals.

Matters once at this pitch, it is easy to imagine the rest. I shall not detain the reader with a description of the successive invention of other arts, the development of language, the trial and utilisation of talents, the inequality of fortunes, the use and abuse of riches, and all the details connected with them which the reader can easily supply for himself. I shall confine myself to a glance at mankind in this new situation.

Behold then all human faculties developed, memory and imagination in full play, egoism interested, reason active, and the mind almost at the highest point of its perfection. Behold all the natural qualities in action, the rank and condition of every man assigned him; not merely his share of property and his power to serve or injure others, but also his wit, beauty, strength or skill, merit or talents: and these being the only qualities capable of commanding respect, it soon became necessary to possess or to affect them.

It now became the interest of men to appear what they really were not. To be and to seem became two totally different things; and from this distinction sprang insolent pomp and cheating trickery, with all the numerous vices that go in their train. On the other hand, free and independent as men were before, they were now, in consequence of a multiplicity of new wants, brought into subjection, as it were, to all nature, and particularly to one another; and each became in some degree a slave even in becoming the master of other men: if rich, they stood in need of the services of others; if poor, of their assistance; and even a middle condition did not enable them to do without one another. Man must now, therefore, have been perpetually employed in getting others to interest themselves in his lot, and in making them, apparently at least, if not really, find their advantage in promoting his own. Thus he must have been sly and artful in his behaviour to some, and imperious and cruel to others; being under a kind of necessity to ill-use all the persons of whom he stood in need, when he could not frighten them into compliance, and did not judge it his interest to be useful to them. Insatiable ambition, the thirst of raising their respective fortunes, not so much from real want as from the desire to surpass others, inspired all men with a vile propensity to injure one another, and with a secret jealousy, which is the more dangerous, as it puts on the mask of benevolence, to carry its point with greater security. In a word, there arose rivalry and competition on the one hand, and conflicting interests on the other, together with a secret desire on both of profiting at the expense of others. All these evils were the first effects of property, and the inseparable attendants of growing inequality.

…

9

Thus, as the most powerful or the most miserable considered their might or misery as a kind of right to the possessions of others, equivalent, in their opinion, to that of property, the destruction of equality was attended by the most terrible disorders. Usurpations by the rich, robbery by the poor, and the unbridled passions of both, suppressed the cries of natural compassion and the still feeble voice of justice, and filled men with avarice, ambition and vice. Between the title of the strongest and that of the first occupier, there arose perpetual conflicts, which never ended but in battles and bloodshed. The new-born state of society thus gave rise to a horrible state of war; men thus harassed and depraved were no longer capable of retracing their steps or renouncing the fatal acquisitions they had made, but, labouring by the abuse of the faculties which do them honour, merely to their own confusion, brought themselves to the brink of ruin.

It is impossible that men should not at length have reflected on so wretched a situation, and on the calamities that overwhelmed them. The rich, in particular, must have felt how much they suffered by a constant state of war, of which they bore all the expense; and in which, though all risked their lives, they alone risked their property. Besides, however speciously they might disguise their usurpations, they knew that they were founded on precarious and false titles; so that, if others took from them by force what they themselves had gained by force, they would have no reason to complain. Even those who had been enriched by their own industry, could hardly base their proprietorship on better claims. It was in vain to repeat, "I built this well; I gained this spot by my industry." Who gave you your standing, it might be answered, and what right have you to demand payment of us for doing what we never asked you to do? Do you not know that numbers of your fellow-creatures are starving, for want of what you have too much of? You ought to have had the express and universal consent of mankind, before appropriating more of the common subsistence than you needed for your own maintenance. Destitute of valid reasons to justify and sufficient strength to defend himself, able to crush individuals with ease, but easily crushed himself by a troop of bandits, one against all, and incapable, on account of mutual jealousy, of joining with his equals against numerous enemies united by the common hope of plunder, the rich man, thus urged by necessity, conceived at length the profoundest plan that ever entered the mind of man: this was to employ in his favour the forces of those who attacked him, to make allies of his adversaries, to inspire them with different maxims, and to give them other institutions as favourable to himself as the law of nature was unfavourable.

With this view, after having represented to his neighbours the horror of a situation which armed every man against the rest, and made their possessions as burdensome to them as their wants, and in which no safety could be expected either in riches or in poverty, he readily devised plausible arguments to make them close with his design. "Let us join," said he, "to guard the weak from oppression, to restrain the ambitious, and secure to every man the possession of what belongs to him: let us institute rules of justice and peace, to which all without exception may be obliged to conform; rules that may in some measure make amends for the caprices of fortune, by subjecting equally the powerful and the weak to the observance of reciprocal obligations. Let us, in a word, instead of turning our forces against ourselves, collect them in a supreme power which may govern us by wise laws, protect and defend all the

10

members of the association, repulse their common enemies, and maintain eternal harmony among us."

Far fewer words to this purpose would have been enough to impose on men so barbarous and easily seduced; especially as they had too many disputes among themselves to do without arbitrators, and too much ambition and avarice to go long without masters. All ran headlong to their chains, in hopes of securing their liberty; for they had just wit enough to perceive the advantages of political institutions, without experience enough to enable them to foresee the dangers. The most capable of foreseeing the dangers were the very persons who expected to benefit by them; and even the most prudent judged it not inexpedient to sacrifice one part of their freedom to ensure the rest; as a wounded man has his arm cut off to save the rest of his body.

Such was, or may well have been, the origin of society and law, which bound new fetters on the poor, and gave new powers to the rich; which irretrievably destroyed natural liberty, eternally fixed the law of property and inequality, converted clever usurpation into unalterable right, and, for the advantage of a few ambitious individuals, subjected all mankind to perpetual labour, slavery and wretchedness. It is easy to see how the establishment of one community made that of all the rest necessary, and how, in order to make head against united forces, the rest of mankind had to unite in turn. Societies soon multiplied and spread over the face of the earth, till hardly a corner of the world was left in which a man could escape the yoke, and withdraw his head from beneath the sword which he saw perpetually hanging over him by a thread. Civil right having thus become the common rule among the members of each community, the law of nature maintained its place only between different communities, where, under the name of the right of nations, it was qualified by certain tacit conventions, in order to make commerce practicable, and serve as a substitute for natural compassion, which lost, when applied to societies, almost all the influence it had over individuals, and survived no longer except in some great cosmopolitan spirits, who, breaking down the imaginary barriers that separate different peoples, follow the example of our Sovereign Creator, and include the whole human race in their benevolence.

But bodies politic, remaining thus in a state of nature among themselves, presently experienced the inconveniences which had obliged individuals to forsake it; for this state became still more fatal to these great bodies than it had been to the individuals of whom they were composed. Hence arose national wars, battles, murders, and reprisals, which shock nature and outrage reason; together with all those horrible prejudices which class among the virtues the honour of shedding human blood. The most distinguished men hence learned to consider cutting each other's throats a duty; at length men massacred their fellow-creatures by thousands without so much as knowing why, and committed more murders in a single day's fighting, and more violent outrages in the sack of a single town, than were committed in the state of nature during whole ages over the whole earth. Such were the first effects which we can see to have followed the division of mankind into different communities. But let us return to their institutions.

11

12

THE SOCIAL CONTRACT

OR PRINCIPLES OF POLITICAL RIGHT

by Jean Jacques Rousseau

1762

Translated by G. D. H. Cole, public domain

6. THE SOCIAL COMPACT

I SUPPOSE men to have reached the point at which the obstacles in the way of their preservation in the state of nature show their power of resistance to be greater than the resources at the disposal of each individual for his maintenance in that state. That primitive condition can then subsist no longer; and the human race would perish unless it changed its manner of existence.

But, as men cannot engender new forces, but only unite and direct existing ones, they have no other means of preserving themselves than the formation, by aggregation, of a sum of forces great enough to overcome the resistance. These they have to bring into play by means of a single motive power, and cause to act in concert.

This sum of forces can arise only where several persons come together: but, as the force and liberty of each man are the chief instruments of his self-preservation, how can he pledge them without harming his own interests, and neglecting the care he owes to himself? This difficulty, in its bearing on my present subject, may be stated in the following terms:

"The problem is to find a form of association which will defend and protect with the whole common force the person and goods of each associate, and in which each, while uniting himself with all, may still obey himself alone, and remain as free as before." This is the fundamental problem of which the Social Contract provides the solution.

The clauses of this contract are so determined by the nature of the act that the slightest modification would make them vain and ineffective; so that, although they have perhaps never been formally set forth, they are everywhere the same and everywhere tacitly admitted and recognised, until, on the violation of the social compact, each regains his original rights and resumes his natural liberty, while losing the conventional liberty in favour of which he renounced it.

These clauses, properly understood, may be reduced to one — the total alienation of each associate, together with all his rights, to the whole community; for, in the first place, as each gives himself absolutely, the conditions are the same for all; and, this being so, no one has any interest in making them burdensome to others.

13

Moreover, the alienation being without reserve, the union is as perfect as it can be, and no associate has anything more to demand: for, if the individuals retained certain rights, as there would be no common superior to decide between them and the public, each, being on one point his own judge, would ask to be so on all; the state of nature would thus continue, and the association would necessarily become inoperative or tyrannical.

Finally, each man, in giving himself to all, gives himself to nobody; and as there is no associate over whom he does not acquire the same right as he yields others over himself, he gains an equivalent for everything he loses, and an increase of force for the preservation of what he has.

If then we discard from the social compact what is not of its essence, we shall find that it reduces itself to the following terms:

"Each of us puts his person and all his power in common under the supreme direction of the general will, and, in our corporate capacity, we receive each member as an indivisible part of the whole."

At once, in place of the individual personality of each contracting party, this act of association creates a moral and collective body, composed of as many members as the assembly contains votes, and receiving from this act its unity, its common identity, its life and its will. This public person, so formed by the union of all other persons formerly took the name of city,

4 and now

takes that of Republic or body politic; it is called by its members State when passive. Sovereign when active, and Power when compared with others like itself. Those who are associated in it take collectively the name of people, and severally are called citizens, as sharing in the sovereign power, and subjects, as being under the laws of the State. But these terms are often confused and taken one for another: it is enough to know how to distinguish them when they are being used with precision.

7. THE SOVEREIGN

THIS formula shows us that the act of association comprises a mutual undertaking between the public and the individuals, and that each individual, in making a contract, as we may say, with himself, is bound in a double capacity; as a member of the Sovereign he is bound to the individuals, and as a member of the State to the Sovereign. But the maxim of civil right, that no one is bound by undertakings made to himself, does not apply in this case; for there is a great difference between incurring an obligation to yourself and incurring one to a whole of which you form a part.

Attention must further be called to the fact that public deliberation, while competent to bind all the subjects to the Sovereign, because of the two different capacities in which each of them may be regarded, cannot, for the opposite reason, bind the Sovereign to itself; and that it is consequently against the nature of the body politic for the Sovereign to impose on itself a law which it cannot infringe. Being able to regard itself in only one capacity, it is in the position of an individual who makes a contract with himself; and this makes it clear that there neither is

14

nor can be any kind of fundamental law binding on the body of the people — not even the social contract itself. This does not mean that the body politic cannot enter into undertakings with others, provided the contract is not infringed by them; for in relation to what is external to it, it becomes a simple being, an individual.

But the body politic or the Sovereign, drawing its being wholly from the sanctity of the contract, can never bind itself, even to an outsider, to do anything derogatory to the original act, for instance, to alienate any part of itself, or to submit to another Sovereign. Violation of the act by which it exists would be self-annihilation; and that which is itself nothing can create nothing.

As soon as this multitude is so united in one body, it is impossible to offend against one of the members without attacking the body, and still more to offend against the body without the members resenting it. Duty and interest therefore equally oblige the two contracting parties to give each other help; and the same men should seek to combine, in their double capacity, all the advantages dependent upon that capacity.

Again, the Sovereign, being formed wholly of the individuals who compose it, neither has nor can have any interest contrary to theirs; and consequently the sovereign power need give no guarantee to its subjects, because it is impossible for the body to wish to hurt all its members. We shall also see later on that it cannot hurt any in particular. The Sovereign, merely by virtue of what it is, is always what it should be.

This, however, is not the case with the relation of the subjects to the Sovereign, which, despite the common interest, would have no security that they would fulfil their undertakings, unless it found means to assure itself of their fidelity.

In fact, each individual, as a man, may have a particular will contrary or dissimilar to the general will which he has as a citizen. His particular interest may speak to him quite differently from the common interest: his absolute and naturally independent existence may make him look upon what he owes to the common cause as a gratuitous contribution, the loss of which will do less harm to others than the payment of it is burdensome to himself; and, regarding the moral person which constitutes the State as a persona ficta, because not a man, he may wish to enjoy the rights of citizenship without being ready to fulfil the duties of a subject. The continuance of such an injustice could not but prove the undoing of the body politic.

In order then that the social compact may not be an empty formula, it tacitly includes the undertaking, which alone can give force to the rest, that whoever refuses to obey the general will shall be compelled to do so by the whole body. This means nothing less than that he will be forced to be free; for this is the condition which, by giving each citizen to his country, secures him against all personal dependence. In this lies the key to the working of the political machine; this alone legitimises civil undertakings, which, without it, would be absurd, tyrannical, and liable to the most frightful abuses.