Discourse on Inequality & The Social Contract. Jean-Jacques Rousseau

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СКАЧАТЬ sixteenth chapter of the third book of the Social Contract. (See also Book I, chap, iv, init.) His attack is really concerned also with the theory of Hobbes, which in some respects resembles, as we shall see, this first view; but, in form at least, it is directed against this form of contract. It will be possible to examine it more closely, when the second view has been considered.

      The second view, which may be called the Social Contract theory proper, regards society as originating in, or based on, an agreement between the individuals composing it. It seems to be found first, rather vaguely, in Richard Hooker's Ecclesiastical Polity, from which Locke largely borrowed: and it reappears, in varying forms, in Milton's Tenure of Kings and Magistrates, in Hobbes's Leviathan, in Locke's Treatises on Civil Government, and in Rousseau. The best-known instance of its actual use is by the Pilgrim Fathers on the Mayflower in 1620, in whose declaration occurs the phrase, "We do solemnly and mutually, in the presence of God and of one another, covenant and combine ourselves together into a civil body politic." The natural implication of this view would seem to be the corollary of complete popular Sovereignty which Rousseau draws. But before Rousseau's time it had been used to support views as diverse as those which rested on the first form. We saw that, in Grotius's great work, De Jure Belli et Pacis, it was already possible to doubt which of the two theories was being advocated. The first theory was, historically, a means of popular protest against royal aggression. As soon as popular government was taken into account, the act of contract between people and government became in effect merely a contract between the individuals composing the society, and readily passed over into the second form.

      The second theory, in its ordinary form, expresses only the view that the people is everywhere Sovereign, and that, in the phrase of Milton's treatise, "the power of kings and magistrates is only derivative." Before, however, this view had been worked up into a philosophical theory, it had already been used by Hobbes to support precisely opposite principles. Hobbes agrees that the original contract is one between all the individuals composing the State, and that the government is no party to it; but he regards the people as agreeing, not merely to form a State, but to invest a certain person or certain persons with the government of it. He agrees that the people is naturally supreme, but regards it as alienating its Sovereignty by the contract itself, and delegating its power, wholly and for ever, to the government. As soon, therefore, as the State is set up, the government becomes for Hobbes the Sovereign; there is no more question of popular Sovereignty, but only of passive obedience: the people is bound, by the contract, to obey its ruler, no matter whether he governs well or ill. It has alienated all its rights to the Sovereign, who is, therefore, absolute master. Hobbes, living in a time of civil wars, regards the worst government as better than anarchy, and is, therefore, at pains to find arguments in support of any form of absolutism. It is easy to pick holes in this system, and to see into what difficulties a conscientious Hobbist might be led by a revolution. For as soon as the revolutionaries get the upper hand, he will have to sacrifice one of his principles: he will have to side against either the actual or the legitimate Sovereign. It is easy also to see that alienation of liberty, even if possible for an individual, which Rousseau denies, cannot bind his posterity. But, with all its faults, the view of Hobbes is on the whole admirably, if ruthlessly, logical, and to it Rousseau owes a great deal.

      The special shape given to the second Social Contract theory by Hobbes looks, at first sight, much like a combination, into a single act, of both the contracts. This, however, is not the view he adopts. The theory of a contract between government and people had, as we have seen, been used mainly as a support for popular liberties, a means of assertion against the government. Hobbes, whose whole aim is to make his government Sovereign, can only do this by leaving the government outside the contract: he thus avoids the necessity of submitting it to any obligation whatsoever, and leaves it absolute and irresponsible. He secures, in fact, not merely a State which has unbounded rights against the individual, but a determinate authority with the right to enforce those rights. His theory is not merely Statism (étatisme); it is pure despotism.

      It is clear that, if such a theory is to be upheld, it can stand only by the view, which Hobbes shares with Grotius, that a man can alienate not merely his own liberty, but also that of his descendants, and that, consequently, a people as a whole can do the same. This is the point at which both Locke and Rousseau attack it. Locke, whose aim is largely to justify the Revolution of 1688, makes government depend, not merely at its institution, but always, on the consent of the governed, and regards all rulers as liable to be displaced if they govern tyrannically. He omits, however, to provide any machinery short of revolution for the expression of popular opinion, and, on the whole, seems to regard the popular consent as something essentially tacit and assumed. He regards the State as existing mainly to protect life and property, and is, in all his assertions of popular rights, so cautious as to reduce them almost to nothing. It is not till we come to Rousseau that the second form of the contract theory is stated in its purest and most logical form.

      Rousseau sees clearly the necessity, if popular consent in government is to be more than a name, of giving it some constitutional means of expression. For Locke's theory of tacit consent, he substitutes an active agreement periodically renewed. He looks back with admiration to the city-states of ancient Greece and, in his own day, reserves his admiration for the Swiss free cities, Berne and, above all, Geneva, his native place. Seeing in the Europe of his day no case in which representative government was working at all democratically, he was unable to conceive that means might be found of giving effect to this active agreement in a nation-state; he therefore held that self-government was impossible except for a city. He wished to break up the nation-states of Europe, and create instead federative leagues of independent city-states.

      It matters, however, comparatively little, for the appreciation of Rousseau's political theory in general, that he failed to become the theorist of the modern State. By taking the State, which must have, in essentials, everywhere the same basis, at its simplest, he was able, far better than his predecessors, to bring out the real nature of the "social tie," an alternative name which he often uses for the Social Contract. His doctrine I of the underlying principle of political obligation is that of all great modern writers, from Kant to Mr. Bosanquet. This fundamental unity has been obscured only because critics have failed to put the Social Contract theory in its proper place in Rousseau's system.

      This theory was, we have seen, a commonplace. The amount of historical authenticity assigned to the contract almost universally presupposed varied enormously. Generally, the weaker a writer's rational basis, the more he appealed to history—and invented it. It was, therefore, almost inevitable that Rousseau should cast his theory into the contractual form. There were, indeed, writers of his time who laughed at the contract, but they were not writers who constructed a general system of political philosophy. From Cromwell to Montesquieu and Bentham, it was the practically minded man, impatient of unactual hypotheses, who refused to accept the idea of contract. The theorists were as unanimous in its favour as the Victorians were in favour of the "organic" theory. But we, criticising them in the light of later events, are in a better position for estimating the position the Social Contract really took in their political system. We see that Locke's doctrine of tacit consent made popular control so unreal that he was forced, if the State was to have any hold, to make his contract historical and actual, binding posterity for all time, and that he was also led to admit a quasi-contract between people and government, as a second vindication of popular liberties. Rousseau, on the other hand, bases no vital argument on the historical nature of the contract, in which, indeed, he clearly does not believe. "How," he asks, "did this change [from nature to society] come about?" And he answers that he does not know. Moreover, his aim is to find "a sure and legitimate rule of administration, taking men as they are and laws as they might be"; that is to say, his Social Contract is something which will be found at work in every legitimate society, but which will be in abeyance in all forms of despotism. He clearly means by it no more and no less than the fundamental principle of political association, the basis of the unity which enables us, in the State, to realise political liberty by giving up lawlessness and license. The presentation of this doctrine in the quasi-historical form of the Social Contract theory is due to the accident of the time and place in which Rousseau wrote. At the same time, the СКАЧАТЬ