The social contract & discourses — Jean-Jacques Rousseau — John Shaqi
The social contract & discourses
Jean-Jacques Rousseau · en
The doctrine that society is founded on a contract between the people
and the government is of mediæval origin. It was often supported by
references to the Old Testament, which contains a similar view in
an unreflective form. It is found in most of the great political
writers of the sixteenth century; in Buchanan, and in the writings
of James I: it persists into the seventeenth in the works of Grotius
and Puffendorf. Grotius is sometimes held to have stated the theory
so as to admit both forms of contract; but it is clear that he is
only thinking of the first form as admitting democratic as well as
monarchical government. We find it put very clearly by the Convention
Parliament of 1688, which accuses James II of having "endeavoured
to subvert the constitution of the kingdom by breaking the original
contract between king and people." While Hobbes, on the side of the
royalists, is maintaining the contract theory in its second form, the
Parliamentarian Algernon Sidney adheres to the idea of a contract
between the people and the government.
In this form, the theory clearly admits of opposite interpretations. It
may be held that the people, having given itself up once for all to its
rulers, has nothing more to ask of them, and is bound to submit to any
usage they may choose to inflict. This, however, is not the implication
most usually drawn from it. The theory, in this form, originated with
theologians who were also lawyers. Their view of a contract implied
mutual obligations; they regarded the ruler as bound, by its terms,
to govern constitutionally. The old idea that a king must not violate
the sacred customs of the realm passes easily into the doctrine that he
must not violate the terms of the original contract between himself and
his people. Just as in the days of the Norman kings, every appeal on
the part of the people for more liberties was couched in the form of a
demand that the customs of the "good old times" of Edward the Confessor
should be respected, so in the seventeenth century every act of popular
assertion or resistance was stated as an appeal to the king not to
violate the contract. The demand was a good popular cry, and it seemed
to have the theorists behind it. Rousseau gives his refutation of this
view, which he had, in the _Discourse on Inequality_, maintained in
passing, in the sixteenth chapter of the third book of the _Social
Contract._ (See also Book I, chap, iv, init.) His attack is really
concerned also with the theory of Hobbes, which in some respects
resembles, as we shall see, this first view; but, in form at least,
it is directed against this form of contract. It will be possible to
examine it more closely, when the second view has been considered.