Some base the State on force, others on divine right, others on contract.[52] But "the hypothesis of force appears to proceed upon the total negation of abstract and immutable justice, affirming every government to be right, that is possessed of power sufficient to enforce its decrees. It puts a violent termination upon all political science, and is calculated for nothing farther than to persuade men, to sit down quietly under their present disadvantages, whatever they may be, and not exert themselves to discover a remedy for the evils they suffer. The second hypothesis is of an equivocal nature. It either coincides with the first, and affirms all existing power to be alike of divine derivation; or it must remain totally useless, till a criterion can be found, to distinguish those governments which are approved by God, from those which cannot lay claim to that sanction."[53] The third hypothesis would mean that one "should make over to another the control of his conscience and the judging of his duties."[54] "But we cannot renounce our moral independence; it is a property that we can neither sell nor give away; and consequently no government can derive its authority from an original contract."[55]
"All government corresponds in a certain degree to what the Greeks denominated a tyranny. The difference is, that in despotic countries mind is depressed by a uniform usurpation; while in republics it preserves a greater portion of its activity, and the usurpation more easily conforms itself to the fluctuations of opinion."[56] "By its very nature positive institution has a tendency to suspend the elasticity and progress of mind."[57] "We should not forget that government is, abstractedly taken, an evil, a usurpation upon the private judgment and individual conscience of mankind."[58]
II. The general welfare demands that a social human life based solely on its precepts should take the place of the State.
1. Men are to live together in society even after the abolition of the State. "A fundamental distinction exists between society and government. Men associated at first for the sake of mutual assistance."[59] It was not till later that restraint appeared in these associations, in consequence of the errors and perverseness of a few. "Society and government are different in themselves, and have different origins. Society is produced by our wants, and government by our wickedness. Society is in every state a blessing; government even in its best state but a necessary evil."[60]
But what is to hold men together in "society without government"?[61] Not a promise,[62] at any rate. No promise can bind me; for either what I have promised is good, then I must do it even if there had been no promise; or it is bad, then not even the promise can make it my duty.[63] "The fact that I have committed an error does not oblige me to make myself guilty of a second also."[64] "Suppose I had promised a sum of money for a good and worthy object. In the interval between the promise and its fulfilment a greater and nobler object presents itself to me, and imperiously demands my co-operation. To which shall I give the preference? To the one that deserves it. My promise can make no difference. I must be guided by the value of things, not by an external and alien point of view. But the value of things is not affected by my having taken upon me an obligation."[65]
"Common deliberation regarding the general good"[66] is to hold men together in societies hereafter. This is highly in harmony with the general welfare. "That a nation should exercise undiminished its function of common deliberation, is a step gained, and a step that inevitably leads to an improvement of the character of individuals. That men should agree in the assertion of truth, is no unpleasing evidence of their virtue. Lastly, that an individual, however great may be his imaginary elevation, should be obliged to yield his personal pretensions to the sense of the community, at least bears the appearance of a practical confirmation of the great principle, that all private considerations must yield to the general good."[67]
2. The societies are to be small, and to have as little intercourse with each other as possible.
Small territories are everywhere to administer their affairs independently.[68] "No association of men, so long as they adhered to the principles of reason, could possibly have any interest in extending their territory."[69] "Whatever evils are included in the abstract idea of government, are all of them extremely aggravated by the extensiveness of its jurisdiction, and softened under circumstances of an opposite species. Ambition, which may be no less formidable than a pestilence in the former, has no room to unfold itself in the latter. Popular commotion is like the waves of the sea, capable where the surface is large of producing the most tragical effects, but mild and innocuous when confined within the circuit of a humble lake. Sobriety and equity are the obvious characteristics of a limited circle."[70]—"The desire to gain a more extensive territory, to conquer or to hold in awe our neighboring States, to surpass them in arts or arms, is a desire founded in prejudice and error. Power is not happiness. Security and peace are more to be desired than a name at which nations tremble. Mankind are brethren. We associate in a particular district or under a particular climate, because association is necessary to our internal tranquillity, or to defend us against the wanton attacks of a common enemy. But the rivalship of nations is a creature of the imagination."[71]
The little independently-administered territories are to have as little to do with each other as possible. "Individuals cannot have too frequent or unlimited intercourse with each other; but societies of men have no interests to explain and adjust, except so far as error and violence may render explanation necessary. This consideration annihilates at once the principal objects of that mysterious and crooked policy which has hitherto occupied the attention of governments. Before this principle officers of the army and the navy, ambassadors and negotiators, and all the train of artifices that has been invented to hold other nations at bay, to penetrate their secrets, to traverse their machinations, to form alliances and counter-alliances, sink into nothing."[72]
3. But how are the functions that the State performs at present to be performed in the future societies? "Government can have no more than two legitimate purposes, the suppression of injustice against individuals within the community" (which includes the settling of controversies between different districts[73]), "and the common defence against external invasion."[74]