The social contract & discoursesRousseau, Jean-Jacques
Philosophy
The social contract & discourses
Rousseau, Jean-Jacques
Economics; Political science -- Early works to 1800; Social contract
It degenerates into tyranny when it usurps the executive power, which
it should confine itself to restraining, and when it tries to dispense
with the laws, which it should confine itself to protecting. The
immense power of the Ephors, harmless as long as Sparta preserved its
morality, hastened corruption when once it had begun. The blood of
Agis, slaughtered by these tyrants, was avenged by his successor; the
crime and the punishment of the Ephors alike hastened the destruction
of the republic, and after Cleomenes Sparta ceased to be of any
account. Rome perished in the same way: the excessive power of the
tribunes, which they had usurped by degrees, finally served, with the
help of laws made to secure liberty, as a safeguard for the emperors
who destroyed it. As for the Venetian Council of Ten, it is a tribunal
of blood, an object of horror to patricians and people alike; and, so
far from giving a lofty protection to the laws, it does nothing, now
they have become degraded, but strike in the darkness blows of which no
one dare take note.
The tribunate, like the government, grows weak as the number of its
members increases. When the tribunes of the Roman people, who first
numbered only two, and then five, wished to double that number, the
senate let them do so, in the confidence that it could use one to check
another, as indeed it afterwards freely did.
The best method of preventing usurpations by so formidable a body,
though no government has yet made use of it, would be not to make it
permanent, but to regulate the periods during which it should remain
in abeyance. These intervals, which should not be long enough to give
abuses time to grow strong, may be so fixed by law that they can easily
be shortened at need by extraordinary commissions.
This method seems to me to have no disadvantages, because, as I have
said, the tribunate, which forms no part of the constitution, can be
removed without the constitution being affected. It seems to be also
efficacious, because a newly restored magistrate starts not with the
power his predecessor exercised, but with that which the law allows him.
CHAPTER VI
THE DICTATORSHIP
The inflexibility of the laws, which prevents them from adapting
themselves to circumstances, may, in certain cases, render them
disastrous, and make them bring about, at a time of crisis, the ruin
of the State. The order and slowness of the forms they enjoin require
a space of time which circumstances sometimes withhold. A thousand
cases against which the legislator has made no provision may present
themselves, and it is a highly necessary part of foresight to be
conscious that everything cannot be foreseen.
It is wrong therefore to wish to make political institutions so strong
as to render it impossible to suspend their operation. Even Sparta
allowed its laws to lapse.
Public-domain text, read in full here on John Shaqi.
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