The social contract & discoursesRousseau, Jean-Jacques
Philosophy
The social contract & discourses
Rousseau, Jean-Jacques
Economics; Political science -- Early works to 1800; Social contract
I conclude, therefore, that, as the first duty of the legislator is to
make the laws conformable to the general will, the first rule of public
_economy_ is that the administration of justice should be conformable
to the laws. It will even be enough to prevent the State from being ill
governed, that the Legislator shall have provided, as he should, for
every need of place, climate, soil, custom, neighbourhood, and all the
rest of the relations peculiar to the people he had to institute. Not
but what there still remains an infinity of details of administration
and economy, which are left to the wisdom of the government: but there
are two infallible rules for its good conduct on these occasions; one
is, that the spirit of the law ought to decide in every particular
case that could not be foreseen; the other is that the general will,
the source and supplement of all laws, should be consulted wherever
they fail. But how, I shall be asked, can the general will be known
in cases in which it has not expressed itself? Must the whole nation
be assembled together at every unforeseen event? Certainly not. It
ought the less to be assembled, because it is by no means certain that
its decision would be the expression of the general will; besides, the
method would be impracticable in a great people, and is hardly ever
necessary where the government is well-intentioned: for the rulers
well know that the general will is always on the side which is most
favourable to the public interest, that is to say, most equitable; so
that it is needful only to act justly, to be certain of following the
general will. When this is flouted too openly, it makes itself felt, in
spite of the formidable restraint of the public authority. I shall cite
the nearest possible examples that may be followed in such cases.
In China, it is the constant maxim of the Prince to decide against his
officers, in every dispute that arises between them and the people.
If bread be too dear in any province, the Intendant of that province
is thrown into prison. If there be an insurrection in another, the
Governor is dismissed, and every Mandarin answers with his head for all
the mischief that happens in his department. Not that these affairs do
not subsequently undergo a regular examination; but long experience
has caused the judgment to be thus anticipated. There is seldom any
injustice to be repaired; in the meantime, the Emperor, being satisfied
that public outcry does not arise without cause, always discovers,
through the seditious clamours which he punishes, just grievances to
redress.
Public-domain text, read in full here on John Shaqi.
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