The social contract & discoursesRousseau, Jean-Jacques
Philosophy
The social contract & discourses
Rousseau, Jean-Jacques
Economics; Political science -- Early works to 1800; Social contract
What Caligula argued from the facts, Plato, in the dialogue called the
_Politicus_, argued in defining the civil or kingly man, on the basis
of right. But if great princes are rare, how much more so are great
legislators? The former have only to follow the pattern which the
latter have to lay down. The legislator is the engineer who invents
the machine, the prince merely the mechanic who sets it up and makes
it go. "At the birth of societies," says Montesquieu, "the rulers of
Republics establish institutions, and afterwards the institutions mould
the rulers."[2]
He who dares to undertake the making of a people's institutions ought
to feel himself capable, so to speak, of changing human nature, of
transforming each individual, who is by himself a complete and solitary
whole, into part of a greater whole from which he in a manner receives
his life and being; of altering man's constitution for the purpose of
strengthening it; and of substituting a partial and moral existence
for the physical and independent existence nature has conferred on
us all. He must, in a word, take away from man his own resources and
give him instead new ones alien to him, and incapable of being made
use of without the help of other men. The more completely these
natural resources are annihilated, the greater and the more lasting
are those which he acquires, and the more stable and perfect the new
institutions; so that if each citizen is nothing and can do nothing
without the rest, and the resources acquired by the whole are equal
or superior to the aggregate of the resources of all the individuals,
it may be said that legislation is at the highest possible point of
perfection.
The legislator occupies in every respect an extraordinary position
in the State. If he should do so by reason of his genius, he does so
no less by reason of his office, which is neither magistracy, nor
Sovereignty. This office, which sets up the Republic, nowhere enters
into its constitution; it is an individual and superior function, which
has nothing in common with human empire; for if he who holds command
over men ought not to have command over the laws, he who has command
over the laws ought not any more to have it over men; or else his laws
would be the ministers of his passions and would often merely serve to
perpetuate his injustices: his private aims would inevitably mar the
sanctity of his work.
When Lycurgus gave laws to his country, he began by resigning
the throne. It was the custom of most Greek towns to entrust the
establishment of their laws to foreigners. The Republics of modern
Italy in many cases followed this example; Geneva did the same and
profited by it.[3] Rome, when it was most prosperous, suffered a
revival of all the crimes of tyranny, and was brought to the verge of
destruction, because it put the legislative authority and the sovereign
power into the same hands.
Public-domain text, read in full here on John Shaqi.
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