The intellectual constructions of the eighteenth century, of which the
most famous is J. J. Rousseau's "Social Contract," are not taken
literally by anyone nowadays. Nobody seriously believes that one day
individuals living in a state of nature banded themselves together and
made a contract, by virtue of which they renounced certain liberties
and rights and transferred them to a superior authority which was to
rule them so as to promote the general welfare, peace and happiness. But
if the procedure was not quite so simple as this, at least it is certain
that the State undertakes the task which Rousseau expressly prescribes
as its aim. If, however, through its fault, the fault of its
legislation, the welfare of the community suffers, and peace and
happiness are not promoted but hindered, disturbed and destroyed, then
every citizen has the moral right to revolt against the State and
paralyse its pernicious might; not because it has broken a formal
contract with its citizens, but because it has become inimical to the
peaceful life of mankind, the purpose of every social community. If
anyone is troubled at the thought that there is no reliable standard
whereby to test the morality of a law and no place indicated where such
a measure can be applied, he may take comfort by remembering that all
Morality is surrendered to the feelings and judgment of the majority and
has no other sanction than this. History teaches us that the majority
does not acquit itself too badly of its duty. Public opinion suffices to
maintain Morality at a certain level in a community. And if public
opinion is capable of ensuring respect for the unwritten law of Morality
without the sanctions of State Law, it may surely be recognized as a fit
judge of the morality of a law. That is the theory of the right of
citizens to defend themselves by all means, even by force, against
immoral laws. Practically, it is of no importance, because nowadays, at
least in all progressive and liberally governed States, the people have
constitutional means at their disposal to prevent or quickly to rid
themselves of laws that are obnoxious.
Public-domain text, read in full here on John Shaqi.
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