Emile

by Jean-Jacques Rousseau

If there is any reservation or restriction in the deed of slavery, we shall discuss whether this deed does not then become a true contract, in which both the contracting powers, having in this respect no common master, [Footnote: If they had such a common master, he would be no other than the sovereign, and then the right of slavery resting on the right of sovereignty would not be its origin.] remain their own judge as to the conditions of the contract, and therefore free to this extent, and able to break the contract as soon as it becomes hurtful.

If then a slave cannot convey himself altogether to his master, how can a nation convey itself altogether to its head? If a slave is to judge whether his master is fulfilling his contract, is not the nation to judge whether its head is fulfilling his contract?

Thus we are compelled to retrace our steps, and when we consider the meaning of this collective nation we shall inquire whether some contract, a tacit contract at the least, is not required to make a nation, a contract anterior to that which we are assuming.

Since the nation was a nation before it chose a king, what made it a nation, except the social contract? Therefore the social contract is the foundation of all civil society, and it is in the nature of this contract that we must seek the nature of the society formed by it.

We will inquire into the meaning of this contract; may it not be fairly well expressed in this formula? As an individual every one of us contributes his goods, his person, his life, to the common stock, under the supreme direction of the general will; while as a body we receive each member as an indivisible part of the whole.

Assuming this, in order to define the terms we require, we shall observe that, instead of the individual person of each contracting party, this deed of association produces a moral and collective body, consisting of as many members as there are votes in the Assembly. This public personality is usually called the body politic, which is called by its members the State when it is passive, and the Sovereign when it is active, and a Power when compared with its equals. With regard to the members themselves, collectively they are known as the nation, and individually as citizens as members of the city or partakers in the sovereign power, and subjects as obedient to the same authority.

We shall note that this contract of association includes a mutual pledge on the part of the public and the individual; and that each individual, entering, so to speak, into a contract with himself, finds himself in a twofold capacity, i.e., as a member of the sovereign with regard to others, as member of the state with regard to the sovereign.

We shall also note that while no one is bound by any engagement to which he was not himself a party, the general deliberation which may be binding on all the subjects with regard to the sovereign, because of the two different relations under which each of them is envisaged, cannot be binding on the state with regard to itself. Hence we see that there is not, and cannot be, any other fundamental law, properly so called, except the social contract only. This does not mean that the body politic cannot, in certain respects, pledge itself to others; for in regard to the foreigner, it then becomes a simple creature, an individual.

Thus the two contracting parties, i.e., each individual and the public, have no common superior to decide their differences; so we will inquire if each of them remains free to break the contract at will, that is to repudiate it on his side as soon as he considers it hurtful.

To clear up this difficulty, we shall observe that, according to the social pact, the sovereign power is only able to act through the common, general will; so its decrees can only have a general or common aim; hence it follows that a private individual cannot be directly injured by the sovereign, unless all are injured, which is impossible, for that would be to want to harm oneself. Thus the social contract has no need of any warrant but the general power, for it can only be broken by individuals, and they are not therefore freed from their engagement, but punished for having broken it.