The social contract & discoursesRousseau, Jean-Jacques
Philosophy
The social contract & discourses
Rousseau, Jean-Jacques
Economics; Political science -- Early works to 1800; Social contract
However, none but the greatest dangers can counter-balance that of
changing the public order, and the sacred power of the laws should
never be arrested save when the existence of the country is at stake.
In these rare and obvious cases, provision is made for the public
security by a particular act entrusting it to him who is most worthy.
This commitment may be carried out in either of two ways, according to
the nature of the danger.
If increasing the activity of the government is a sufficient remedy,
power is concentrated in the hands of one or two of its members: in
this case the change is not in the authority of the laws, but only in
the form of administering them. If, on the other hand, the peril is
of such a kind that the paraphernalia of the laws are an obstacle to
their preservation, the method is to nominate a supreme ruler, who
shall silence all the laws and suspend for a moment the sovereign
authority. In such a case, there is no doubt about the general will,
and it is clear that the people's first intention is that the State
shall not perish. Thus the suspension of the legislative authority is
in no sense its abolition; the magistrate who silences it cannot make
it speak; he dominates it, but cannot represent it. He can do anything,
except make laws.
The first method was used by the Roman senate when, in a consecrated
formula, it charged the consuls to provide for the safety of the
Republic. The second was employed when one of the two consuls nominated
a dictator:[1] a custom Rome borrowed from Alba.
During the first period of the Republic, recourse was very often had to
the dictatorship, because the State had not yet a firm enough basis to
be able to maintain itself by the strength of its constitution alone.
As the state of morality then made superfluous many of the precautions
which would have been necessary at other times, there was no fear that
a dictator would abuse his authority, or try to keep it beyond his term
of office. On the contrary, so much power appeared to be burdensome
to him who was clothed with it, and he made all speed to lay it down,
as if taking the place of the laws had been too troublesome and too
perilous a position to retain.
It is therefore the danger not of its abuse, but of its cheapening,
that makes me attack the indiscreet use of this supreme magistracy in
the earliest times. For as long as it was freely employed at elections,
dedications and purely formal functions, there was danger of its
becoming less formidable in time of need, and of men growing accustomed
to regarding as empty a title that was used only on occasions of empty
ceremonial.
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