The social contract & discoursesRousseau, Jean-Jacques
Philosophy
The social contract & discourses
Rousseau, Jean-Jacques
Economics; Political science -- Early works to 1800; Social contract
This seems less clear when two or more orders enter into the
constitution, as patricians and plebeians did at Rome; for quarrels
between these two orders often disturbed the comitia, even in the best
days of the Republic. But the exception is rather apparent than real;
for then, through the defect that is inherent in the body politic,
there were, so to speak, two States in one, and what is not true of
the two together is true of either separately. Indeed, even in the
most stormy times, the plebiscita of the people, when the Senate did
not interfere with them, always went through quietly and by large
majorities. The citizens having but one interest, the people had but a
single will.
At the other extremity of the circle, unanimity recurs; this is the
case when the citizens, having fallen into servitude, have lost both
liberty and will. Fear and flattery then change votes into acclamation;
deliberation ceases, and only worship or malediction is left. Such
was the vile manner in which the senate expressed its views under the
Emperors. It did so sometimes with absurd precautions. Tacitus observes
that, under Otho, the senators, while they heaped curses on Vitellius,
contrived at the same time to make a deafening noise, in order that,
should he ever become their master, he might not know what each of them
had said.
On these various considerations depend the rules by which the methods
of counting votes and comparing opinions should be regulated, according
as the general will is more or less easy to discover, and the State
more or less in its decline.
There is but one law which, from its nature, needs unanimous consent.
This is the social compact; for civil association is the most voluntary
of all acts. Every man being born free and his own master, no-one,
under any pretext whatsoever, can make any man subject without his
consent. To decide that the son of a slave is born a slave is to decide
that he is not born a man.
If then there are opponents when the social compact is made, their
opposition does not invalidate the contract, but merely prevents them
from being included in it. They are foreigners among citizens. When the
State is instituted, residence constitutes consent; to dwell within its
territory is to submit to the Sovereign.[1]
Apart from this primitive contract, the vote of the majority always
binds all the rest. This follows from the contract itself. But it is
asked how a man can be both free and forced to conform to wills that
are not his own. How are the opponents at once free and subject to laws
they have not agreed to?
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account