committed by the more ardent worshippers of his name, and justified by
stray texts caught up from the gospels. Helvétius had said, "All
becomes legitimate and even virtuous on behalf of the public safety."
Rousseau wrote in the margin, "The public safety is nothing unless
individuals enjoy security."[210] The author of a theory is not
answerable for the applications which may be read into it by the
passions of men and the exigencies of a violent crisis. Such
applications show this much and no more, that the theory was
constructed with an imperfect consideration of the qualities of human
nature, with too narrow a view of the conditions of society, and
therefore with an inadequate appreciation of the consequences which
the theory might be drawn to support.
It is time to come to the central conception of the Social Contract,
the dogma which made of it for a time the gospel of a nation, the
memorable doctrine of the sovereignty of peoples. Of this doctrine
Rousseau was assuredly not the inventor, though the exaggerated
language of some popular writers in France leads us to suppose that
they think of him as nothing less. Even in the thirteenth century the
constitution of the Orders, and the contests of the friars with the
clergy, had engendered faintly democratic ways of thinking.[211] Among
others the great Aquinas had protested against the juristic doctrine
that the law is the pleasure of the prince. The will of the prince, he
says, to be a law, must be directed by reason; law is appointed for
the common good, and not for a special or private good: it follows
from this that only the reason of the multitude, or of a prince
representing the multitude, can make a law.[212] A still more
remarkable approach to later views was made by Marsilio of Padua,
physician to Lewis of Bavaria, who wrote a strong book on his master's
side, in the great contest between him and the pope (1324). Marsilio
in the first part of his work not only lays down very elaborately the
proposition that laws ought to be made by the "_universitas civium_";
he places this sovereignty of the people on the true basis (which
Rousseau only took for a secondary support to his original compact),
namely, the greater likelihood of laws being obeyed in the first
place, and being good laws in the second, when they are made by the
body of the persons affected. "No one knowingly does hurt to himself,
or deliberately asks what is unjust, and on that account all or a
great majority must wish such law as best suits the common interest of
the citizens."[213] Turning from this to the Social Contract, or to
Locke's essay on Government, the identity in doctrine and
correspondence in dialect may teach us how little true originality
there can he among thinkers who are in the same stage; how a
metaphysician of the thirteenth century and a metaphysician of the
eighteenth hit on the same doctrine; and how the true classification
of thinkers does not follow intervals of time, but is fixed by
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