Rousseau's "Social Contract" (Contrat Social) is the most influential treatise on politics written in modern times. As its title implies, the work is an endeavour to place all government on the consent, direct or implied, of the governed; how, through the rearrangement of society, man may, in a sense, return to the law of nature. "Man is born free, and yet is everywhere in chains." Logically, the "Social Contract" is full of gaping flaws. Like its author's other books ([see vol. vii], p. 176), it is an outpouring of the heart very imperfectly regulated by a brilliant but eccentric brain. As a political essay it is a tissue of fantastic arguments, based on unreal hypotheses. But it set men's minds on fire; it was the literary inspiration of one of the most tremendous events in history, and those who would comprehend the French Revolution can unravel many of its perplexities by studying the "Social Contract." After its publication Rousseau had to fly to England, where he showed marked symptoms of insanity.
The Terms of the Contract
My object is to discover whether, in civil polity, there is any legitimate and definite canon of government, taking men as they are, and laws as they might be. In this enquiry I shall uniformly try to reconcile that which is permitted by right with that which is prescribed by interest so as to avoid the clash of justice with utility.
Man is born free, and yet is everywhere in fetters. He is governed, obliged to obey laws. What is it that legitimises the subjection of men to government? I think I can solve the problem.
It is not merely a matter of force; force is only the power of the strongest, and must yield when a greater strength arises; there is here no question of right, but simply of might. But social order is a sacred right that serves as a base for all others. This right, however, does not arise from nature; it is founded, therefore, upon conventions. It is necessary, then, to know what these conventions are.
The explanation of social order is not to be found in the family tie, since, when a child grows up it escapes from tutelage; the parents' right to exercise authority is only temporary. Nor can government be based on servitude. An individual man may sell his liberty to another for sustenance; but a nation cannot sell its liberty—it does not receive sustenance from its ruler, but on the contrary sustains him. A bargain in which one party gains everything and the other loses everything is plainly no bargain at all, and no claim of right can be founded on it. But even supposing that a people could thus give up its liberty to a ruler, it must be a people before it does so. The gift is a civil act, which pre-supposes a public deliberation. Before, then, we examine the act by which a people chooses a king, it would be well to examine the act by which a people becomes a people; for this act, which necessarily precedes the other, must be the true foundation of society.
Let it be assumed that the obstacles which prejudice the conservation of man in a state of nature have prevailed by their resistance over the forces which each individual is able to employ to keep himself in that state. The primitive condition can then no longer exist; mankind must change it or perish.
The problem with which men are confronted under these circumstances may be stated as follows—"To find a form of association that defends and protects with all the common force the person and property of each partner, and by which each partner, uniting himself with all the rest, nevertheless obeys only himself, and remains as free as heretofore." This is the fundamental problem to which the Social Contract affords a solution.
The clauses of this contract are determined by the nature of the act in such a manner that the least modification renders them of no effect; so that, even when they have not been formally stated, they are everywhere the same, everywhere tacitly acknowledged; and if the compact is violated, everyone returns forthwith to his natural liberty.