II. Justice requires that only one legal norm be in force: to wit, the norm that contracts must be lived up to.
"What do we mean by a contract? A contract, says the civil code, art. 1101, is an agreement whereby one or more persons bind themselves to one or more others to do or not to do something."[139] "That I may remain free, that I may be subjected to no law but my own, and that I may govern myself, the edifice of society must be rebuilt upon the idea of Contract."[140] "We must start with the idea of contract as the dominant idea of politics."[141] This norm, that contracts must be lived up to, is to be based not only on its justice, but at the same time on the fact that among men who live together there prevails a will to enforce the keeping of contracts, if necessary, with violence;[142] so it is to be not only a commandment of morality, but also a legal norm.
"Several of your fellow-men have agreed to treat each other with good faith and fair play,—that is, to respect those rules of action which the nature of things points out to them as being alone capable of assuring to them, in the fullest measure, prosperity, safety, and peace. Are you willing to join their league? to form a part of their society? Do you promise to respect the honor, the liberty, the goods, of your brothers? Do you promise never to appropriate to yourself, neither by violence, by fraud, by usury, nor by speculation, another's product or possession? Do you promise never to lie and deceive, neither in court, in trade, nor in any of your dealings? You are free to accept or to refuse.
"If you refuse, you form a part of the society of savages. Having left the fellowship of the human race, you come under suspicion. Nothing protects you. At the least insult anybody you meet may knock you down, without incurring any other charge than that of cruelty to animals.
"If you swear to the league, on the contrary, you form a part of the society of free men. All your brothers enter into an engagement with you, promising you fidelity, friendship, help, service, commerce. In case of infraction on their part or on yours, through negligence, hot blood, or evil intent, you are responsible to one another, for the damage and also for the scandal and insecurity which you have caused; this responsibility may extend, according to the seriousness of the perjury or the repetition of the crime, as far as to excommunication and death."[143]
4.—THE STATE
I. Since Proudhon approves only the single legal norm that contracts must be lived up to, he can sanction only a single legal relation, that of parties to a contract. Hence he must necessarily reject the State; for it is established by particular legal norms, and, as an involuntary legal relation, it binds even those who have not entered into any contract at all. Proudhon does accordingly reject the State absolutely, without any spatial or temporal limitation; he even regards it as a legal relation which offends against justice to an unusual degree.
"The government of man by man is slavery."[144] "Whoever lays his hand on me to govern me is a usurper and a tyrant; I declare him my enemy."[145] "In a given society the authority of man over man is in inverse ratio to the intellectual development which this society has attained, and the probable duration of this authority may be calculated from the more or less general desire for a true—that is, a scientific—government."[146]
"Royalty is never legitimate. Neither heredity, election, universal suffrage, the excellence of the sovereign, nor the consecration of religion and time, makes royalty legitimate. In whatever form it may appear, monarchical, oligarchic, democratic,—royalty, or the government of man by man, is illegal and absurd."[147] Democracy in particular "is nothing but a constitutional arbitrary power succeeding another constitutional arbitrary power; it has no scientific value, and we must see in it only a preparation for the Republic, one and indivisible."[148]
"Authority was no sooner begun on earth than it became the object of universal competition. Authority, Government, Power, State,—these words all denote the same thing,—each man sees in it the means of oppressing and exploiting his fellows. Absolutists, doctrinaires, demagogues, and socialists, turned their eyes incessantly to authority as their sole cynosure."[149] "All parties without exception, in so far as they seek for power, are varieties of absolutism; and there will be no liberty for citizens, no order for societies, no union among workingmen, till in the political catechism the renunciation of authority shall have replaced faith in authority. No more parties, no more authority, absolute liberty of man and citizen,—there, in three words, is my political and social confession of faith."[150]
