The social contract & discoursesRousseau, Jean-Jacques
Philosophy
The social contract & discourses
Rousseau, Jean-Jacques
Economics; Political science -- Early works to 1800; Social contract
Let us draw up the whole account in terms easily commensurable.
What man loses by the social contract in his natural liberty and
an unlimited right to everything he tries to get and succeeds in
getting; what he gains is civil liberty and the proprietorship of all
he possesses. If we are to avoid mistake in weighing one against the
other, we must clearly distinguish natural liberty, which is bounded
only by the strength of the individual, from civil liberty, which is
limited by the general will; and possession, which is merely the effect
of force or the right of the first occupier, from property, which can
be founded only on a positive title.
We might, over and above all this, add, to what man acquires in the
civil state, moral liberty, which alone makes him truly master of
himself; for the mere impulse of appetite is slavery, while obedience
to a law which we prescribe to ourselves is liberty. But I have already
said too much on this head, and the philosophical meaning of the word
liberty does not now concern us.
CHAPTER IX
REAL PROPERTY
Each member of the community gives himself to it, at the moment of
its foundation, just as he is, with all the resources at his command,
including the goods he possesses. This act does not make possession, in
changing hands, change its nature, and becomes property in the hands
of the Sovereign; but, as the forces of the city are incomparably
greater than those of an individual, public possession is also, in
fact, stronger and more irrevocable, without being any more legitimate,
at any rate from the point of view of foreigners. For the State, in
relation to its members, is master of all their goods by the social
contract, which, within the State, is the basis of all rights; but,
in relation to other powers, it is so only by the right of the first
occupier, which it holds from its members.
The right of the first occupier, though more real than the right of the
strongest, becomes a real right only when the right of property has
already been established. Every man has naturally a right to everything
he needs; but the positive act which makes him proprietor of one thing
excludes him from everything else. Having his share, he ought to keep
to it, and can have no further right against the community. This is why
the right of the first occupier, which in the state of nature is so
weak, claims the respect of every man in civil society. In this right
we are respecting not so much what belongs to another as what does not
belong to ourselves.
In general, to establish the right of the first occupier over a plot of
ground, the following conditions are necessary: first, the land must
not yet be inhabited; secondly, a man must occupy only the amount he
needs for his subsistence; and, in the third place, possession must be
taken, not by an empty ceremony, but by labour and cultivation, the
only sign of proprietorship that should be respected by others, in
default of a legal title.
Public-domain text, read in full here on John Shaqi.
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