The social contract & discoursesRousseau, Jean-Jacques
Philosophy
The social contract & discourses
Rousseau, Jean-Jacques
Economics; Political science -- Early works to 1800; Social contract
Even if we assume this terrible right to kill everybody, I maintain
that a slave made in war, or a conquered people, is under no obligation
to a master, except to obey him as far as he is compelled to do so.
By taking an equivalent for his life, the victor has not done him
a favour; instead of killing him without profit, he has killed him
usefully. So far then is he from acquiring over him any authority in
addition to that of force, that the state of war continues to subsist
between them: their mutual relation is the effect of it, and the usage
of the right of war does not imply a treaty of peace. A convention has
indeed been made; but this convention, so far from destroying the state
of war, presupposes its continuance.
So, from whatever aspect we regard the question, the right of slavery
is null and void, not only as being illegitimate, but also because it
is absurd and meaningless. The words _slave_ and _right_ contradict
each other, and are mutually exclusive. It will always be equally
foolish for a man to say to a man or to a people: "I make with you a
convention wholly at your expense and wholly to my advantage; I shall
keep it as long as I like, and you will keep it as long as I like."
[1] The Romans, who understood and respected the right of war more
than any other nation on earth, carried their scruples on this head
so far that a citizen was not allowed to serve as a volunteer without
engaging himself expressly against the enemy, and against such and
such an enemy by name. A legion in which the younger Cato was seeing
his first service under Popilius having been reconstructed, the elder
Cato wrote to Popilius that, if he wished his son to continue serving
under him, he must administer to him a new military oath, because, the
first having been annulled, he was no longer able to bear arms against
the enemy. The same Cato wrote to his son telling him to take great
care not to go into battle before taking this new oath. I know that the
siege of Clusium and other isolated events can be quoted against me;
but I am citing laws and customs. The Romans are the people that least
often transgressed its laws; and no other people has had such good ones.
CHAPTER V
THAT WE MUST ALWAYS GO BACK TO A FIRST CONVENTION
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