[51] We find the same rule laid down as early as the time of Dante. Cf. De Monarchia, Bk. II. 9:—“When two nations quarrel they are bound to try in every possible way to arrange the quarrel by means of discussion: it is only when this is hopeless that they may declare war.”
[52] Rousseau (Contrat Social: I. vi.) regards the social contract as tacitly implied in every actual society: its articles “are the same everywhere, and are everywhere tacitly admitted and recognised, even though they may never have found formal expression” in any constitution. In the same way he speaks of a state of nature “which no longer exists, which perhaps never has existed.” (Preface to the Discourse on the Causes of Inequality.) But Rousseau’s interpretation of these terms is, on the whole, literal in spite of these single passages. He speaks throughout the Contrat Social, as if history could actually record the signing and drawing up of such documents. Hobbes, Hooker, (Ecclesiastical Polity, I. sect. 10—see also Ritchie: Darwin and Hegel, p. 210 seq.) Hume and Kant use more careful language. “It cannot be denied,” writes Hume, (Of the Original Contract) “that all government is, at first, founded on a contract and that the most ancient rude combinations of mankind were formed chiefly by that principle. In vain are we asked in what records this charter of our liberties is registered. It was not written on parchment, nor yet on leaves or barks of trees. It preceded the use of writing and all the other civilised arts of life. But we trace it plainly in the nature of man, and in the equality, or something approaching equality, which we find in all the individuals of that species.”
This fine passage expresses admirably the views of Kant on this point. Cf. Werke, (Rosenkranz) IX. 160. The original contract is merely an idea of reason, one of those ideas which we think into things in order to explain them.
Hobbes does not professedly make the contract historical, but in Locke’s Civil Government (II. Ch. VIII. § 102) there is some attempt made to give it a historical basis.—By consent all were equal, “till by the same consent they set rulers over themselves. So that their politic societies all began from a voluntary union, and the mutual agreement of men freely acting in the choice of their governors, and forms of government.”
Bluntschli points out (Theory of the State, IV. ix., p. 294 and note) that the same theory of contract on which Hobbes’ doctrine of an absolute government was based was made the justification of violent resistance to the government at the time of the French Revolution. The theory was differently applied by Hobbes, Locke and Rousseau. According to the first, men leave the “state of nature” when they surrender their rights to a sovereign, and return to that state during revolution. But, for Rousseau, this sovereign authority is the people: a revolution would be only a change of ministry. (See Cont. Soc., III. Ch. xviii.) Again Locke holds revolution to be justifiable in all cases where the governments have not fulfilled the trust reposed by the people in them. (Cf. Kant’s Perpetual Peace, p. 188, note).
[53] “If you unite many men,” writes Rousseau, (Cont. Soc., IV. I.) “and consider them as one body, they will have but one will; and that will must be to promote the common safety and general well-being of all.” This volonté générale, the common element of all particular wills, cannot be in conflict with any of them. (Op. cit., II. iii.)
[54] In Eng. trans., see p. 348.
[57] Unlike Hegel whose ideal was the Prussian state, as it was under Frederick the Great. An enthusiastic supporter of the power of monarchy, he showed himself comparatively indifferent to the progress of constitutional liberty.