Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
reason: "every man being born free and master of himself, none can,
under any pretence whatsoever, subject him without his own consent."
(_Contrat Social_, iv. 2.) Then you ask: When have I made this large
contract by the most voluntary act in the world? Rousseau replies:
"When the State is instituted, consent is in residing." (_ib_.) But,
you reply, my residence is anything but the most voluntary act in the
world: it would be awkward for me to emigrate; and if I did emigrate,
it would only be to some other State: I cannot possibly camp out and
be independent in the woods, nor appease my hunger under an oak. To
this plea Rousseau quite gives in, remarking that "family, goods, the
want of an asylum, necessity, violence, may keep an inhabitant in the
country in spite of himself; and in that case his mere sojourn no
longer supposes his consent to the contract." (_ib_.) Then none of us
have made the contract, for we have never had the option of living
anywhere except in some State.
6. Hobbes, after laying down the necessity of men combining for
protection against mutual injustice, observes that a mere promise or
agreement not to injure any one will not suffice: "for the agreement
of men is by covenant only, which is artificial; and therefore no
wonder if there be something else required besides covenant to make
their agreement constant and lasting, which is a common power to keep
them in awe and to direct their actions to the common benefit." He
continues: "The only way to erect such a common power ... is to confer
all their power and strength upon one man or upon one assembly of men,
that may reduce all their wills by plurality of voices unto one will:
which is as much as to say, to appoint one man or assembly of men to
bear their person; and every one to own, and to acknowledge himself to
be the author of, whatsoever he that so beareth their person shall act
or cause to be acted in those things which concern the common peace
and safety; and therein to submit their wills every one to his will,
and their judgments to his judgment. This is more than consent or
concord,--it is a real unity of them all in one and the same person,
made by covenant of every man with every man, in such manner as if
every man should say to every man: I authorise, and give up my right
of governing myself to this man or to this assembly of men, on this
condition, that thou give up thy right to him, and authorise all his
actions in like manner. This done, the multitude so united in one
person is called a _commonwealth_, in Latin _civitas_. This is the
generation of that great Leviathan, or rather, to speak more
reverently, of that mortal god, to whom we owe under the immortal God
our peace and defence." (_Leviathan_, c. xvii.) This idea of all the
rights and personalities of the individuals who contract to live
socially being fused and welded together into the one resultant
personality and power of the State, has evidently been borrowed by
Rousseau from Hobbes.
Public-domain text, read in full here on John Shaqi.
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