The law must not exist for the advantage of the minority, nor for
that of the majority, but for the entire community.--In regard to this
first article no one must derogate from it, neither the minority nor
the majority, neither the Assembly elected by the nation, nor the nation
itself, even if unanimous. It has no right arbitrarily to dispose of the
common weal, to put it in peril according to its caprice, to subordinate
it to the application of a theory or to the interest of a single class,
even if this class is the most numerous. For, that which is the common
weal does not belong to it, but to the whole community, past, present,
and to come. Each generation is simply the temporary manager and
responsible trustee of a precious and glorious patrimony which it has
received from the former generation, and which it has to transmit to
the one that comes after it. In this perpetual endowment, to which all
Frenchmen from the first days of France have brought their offerings,
there is no doubt about the intentions of countless benefactors; they
have made their gifts conditionally, that is, on the condition that the
endowment should remain intact, and that each successive beneficiary
should merely serve as the administrator of it. Should any of the
beneficiaries, through presumption or levity, through rashness or
one-sidedness, compromise the charge entrusted to them, they wrong
all their predecessors whose sacrifices they invalidate, and all their
successors whose hopes they frustrate. Accordingly, before undertaking
to frame a constitution, let the whole community be considered in its
entirety, not merely in the present but in the future, as far as the
eye can reach. The interest of the public, viewed in this far-sighted
manner, is the end to which all the rest must be subordinate, and for
which a constitution provides. A constitution, whether oligarchic,
monarchist, or aristocratic, is simply an instrument, good if it attains
this end, and bad if it does not attain it, and which, to attain it,
must, like every species of mechanism, vary according to the ground,
materials, and circumstances. The most ingenious is illegitimate if it
dissolves the State, while the clumsiest is legitimate if it keeps the
State intact. There is none that springs out of an anterior, universal,
and absolute right. According to the people, the epoch, and the degree
of civilization, according to the outer or inner condition of things,
all civil or political equality or inequality may, in turn, be or cease
to be beneficial or hurtful, and therefore justify the legislator in
removing or preserving it. It is according to this superior and salutary
law, and not according to an imaginary and impossible contract, that he
is to organize, limit, delegate and distribute from the center to
the extremities, through inheritance or through election, through
equalization or through privilege, the rights of the citizen and the
power of the community.
III.--The estates of a society.
Public-domain text, read in full here on John Shaqi.
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