Thursday, June 29, 2006

The Social Contract

The Social Contract

That We Must Always Go Back to an Original Compact


…Not matter how many isolated individuals may submit to the enforced control of a single conqueror, the resulting relationship will ever be that of Master and Slave, never of People and Ruler.

An individual may conquer half the world, but he is still only an individual. His interests, wholly different from those of his subjects, are private to himself. When he dies his empire is left scattered and disintegrated. He is like an oak which crumbles and collapses in ashes so soon as the fire consumes it.

Before, therefore, we consider the act by which a People is constituted as their “king”, it were well if we considered the act by which a People chooses such. For it necessarily precedes the other, and is the true foundation on which societies rest.

Had there been no original compact, why, unless the choice were unanimous, should the minority ever have agreed to accept the decision of the majority? What right have the hundred who desire a master to vote for the ten who do not? The institution of the franchise is, in itself, a form of compact, and assumes that, at least once in its operation, complete unanimity existed.

Now, since men can by no means engender new powers but can only unite and control those of which they are already possessed, there is no way in which they can maintain themselves save by coming together and pooling their strength in a way that will enable them to withstand any resistance exerted upon them from without. They must develop some sort of central direction and learn to act in concert.

Such a concentration of powers can be brought about only as the consequence of an agreement reached between individuals. But the self-preservation of each single men derives primarily from his own strength and from his own freedom. How, then, can he limit these without, at the same time, doing himself an injury and neglecting that care which it is his duty to devote to his own concerns?

Some form of association must be found as a result of which the whole strength of the community will be enlisted for the protection of the person and property of each constituent member, in such a way that each, when united to his fellows, renders obedience to his own will, and remains as free as he was before.

This is the basic problem of which the Social Contract provides the solution.

Whoso gives himself to all gives himself to none. And, since there is no member of the social group over whom we do not acquire precisely the same rights as those over ourselves which we have surrendered to him, it follows that we gain the exact equivalent of what we lose, as well as an added power to conserve what we already have.

Source: J.J. Rousseau

1 comment:

Unknown said...

I like Theory of Jurisprudence bolg thanks for sending this post.
Law Essay