The Social Contract — Jean-Jacques Rousseau — John Shaqi
The Social Contract
Jean-Jacques Rousseau · French
This theory was, we have seen, a commonplace. The amount of historical
authenticity assigned to the contract almost universally presupposed
varied enormously. Generally, the weaker a writer's rational basis,
the more he appealed to history--and invented it. It was, therefore,
almost inevitable that Rousseau should cast his theory into the
contractual form. There were, indeed, writers of his time who laughed
at the contract, but they were not writers who constructed a general
system of political philosophy. From Cromwell to Montesquieu and
Bentham, it was the practically minded man, impatient of unactual
hypotheses, who refused to accept the idea of contract. The theorists
were as unanimous in its favour as the Victorians were in favour of
the "organic" theory. But we, criticising them in the light of later
events, are in a better position for estimating the position the
Social Contract really took in their political system. We see that
Locke's doctrine of tacit consent made popular control so unreal that
he was forced, if the State was to have any hold, to make his contract
historical and actual, binding posterity for all time, and that he was
also led to admit a quasi-contract between people and government, as a
second vindication of popular liberties. Rousseau, on the other hand,
bases no vital argument on the historical nature of the contract, in
which, indeed, he clearly does not believe. "How," he asks, "did this
change [from nature to society] come about?" And he answers that he
does not know. Moreover, his aim is to find "a sure and legitimate rule
of administration, taking men as they are and laws as they might be";
that is to say, his Social Contract is something which will be found
at work in every legitimate society, but which will be in abeyance in
all forms of despotism. He clearly means by it no more and no less than
the fundamental principle of political association, the basis of the
unity which enables us, in the State, to realise political liberty by
giving up lawlessness and license. The presentation of this doctrine
in the quasi-historical form of the Social Contract theory is due to
the accident of the time and place in which Rousseau wrote. At the same
time, the importance of the conception is best to be seen in the hard
death it dies. Though no-one, for a hundred years or so, has thought
of regarding it as historical, it has been found so hard to secure
any other phrase explaining as well or better the basis of political
union that, to this day, the phraseology of the contract theory largely
persists. A conception so vital cannot have been barren.