The Social Contract & Discourses

by Jean-Jacques Rousseau

It is important that the value of any commodity and the duties laid on it should be so proportioned that the avarice of individuals may not be too strongly tempted to fraud by the greatness of the possible profit. To make smuggling difficult, those commodities should be singled out which are hardest to conceal. All duties should be rather paid by the consumer of the commodity taxed than by him who sells it: as the quantity of duty he would be obliged to pay would lay him open to greater temptations, and afford him more opportunities for fraud.

This is the constant custom in China, a country where the taxes are greater and yet better paid than in any other part of the world. The merchant himself there pays no duty; the buyer alone, without murmuring or sedition, meets the whole charge; for as the necessaries of life, such as rice and corn, are absolutely exempt from taxation, the common people is not oppressed, and the duty falls only on those who are well-to-do. Precautions against smuggling ought not to be dictated so much by the fear of it occurring, as by the attention which the government should pay to securing individuals from being seduced by illegitimate profits, which first make them bad citizens, and afterwards soon turn them into dishonest men.

Heavy taxes should be laid on servants in livery, on equipages, rich furniture, fine clothes, on spacious courts and gardens, on public entertainments of all kinds, on useless professions, such as dancers, singers, players, and in a word, on all that multiplicity of objects of luxury, amusement and idleness, which strike the eyes of all, and can the less be hidden, as their whole purpose is to be seen, without which they would be useless. We need be under no apprehension of the produce of these taxes being arbitrary, because they are laid on things not absolutely necessary. They must know but little of mankind who imagine that, after they have been once seduced by luxury, they can ever renounce it: they would a hundred times sooner renounce common necessaries, and had much rather die of hunger than of shame. The increase in their expense is only an additional reason for supporting them, when the vanity of appearing wealthy reaps its profit from the price of the thing and the charge of the tax. As long as there are rich people in the world, they will be desirous of distinguishing themselves from the poor, nor can the State devise a revenue less burdensome or more certain than what arises from this distinction.

For the same reason, industry would have nothing to suffer from an economic system which increased the revenue, encouraged agriculture by relieving the husbandman, and insensibly tended to bring all fortunes nearer to that middle condition which constitutes the genuine strength of the State. These taxes might, I admit, bring certain fashionable articles of dress and amusement to an untimely end; but it would be only to substitute others, by which the artificer would gain, and the exchequer suffer no loss. In a word, suppose the spirit of government was constantly to tax only the superfluities of the rich, one of two things must happen: either the rich would convert their superfluous expenses into useful ones, which would redound to the profit of the State, and thus the imposition of taxes would have the effect of the best sumptuary laws, the expenses of the State would necessarily diminish with those of individuals, and the treasury would not receive so much less as it would gain by having less to pay; or, if the rich did not become less extravagant, the exchequer would have such resources in the product of taxes on their expenditure as would provide for the needs of the State. In the first case the treasury would be the richer by what it would save, from having the less to do with its money; and in the second, it would be enriched by the useless expenses of individuals.

We may add to all this a very important distinction in matters of political right, to which governments, constantly tenacious of doing everything for themselves, ought to pay great attention. It has been observed that personal taxes and duties on the necessaries of life, as they directly trespass on the right of property, and consequently on the true foundation of political society, are always liable to have dangerous results, if they are not established with the express consent of the people or its representatives. It is not the same with articles the use of which we can deny ourselves; for as the individual is under no absolute necessity to pay, his contribution may count as voluntary. The particular consent of each contributor then takes the place of the general consent of the whole people: for why should a people oppose the imposition of a tax which falls only on those who desire to pay it? It appears to me certain that everything, which is not proscribed by law, or contrary to morality, and yet may be prohibited by the government, may also be permitted on payment of a certain duty. Thus, for example, if the government may prohibit the use of coaches, it may certainly impose a tax on them; and this is a prudent and useful method of censuring their use without absolutely forbidding it. In this case, the tax may be regarded as a sort of fine, the product of which compensates for the abuse it punishes.

It may perhaps be objected that those, whom Bodin calls impostors, i.e. those who impose or contrive the taxes, being in the class of the rich, will be far from sparing themselves to relieve the poor. But this is quite beside the point. If, in every nation, those to whom the Sovereign commits the government of the people, were, from their position, its enemies, it would not be worth while to inquire what they ought to do to make the people happy.