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 CONTRACT

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CONTRACT

form of association which defends and protects with the whole common energy, the person and property of each associate, and by which each individual asso- ciate, uniting himself to all, still obeys only himself and remains as free as before". The solution is a contract by which each one puts in common his per- son and all his forces under the supreme direction of the "general will". There results a moral and col- lective body formed of as many members as there are persons in the community. In this body the condi- tion is equal for all, since each gives himself wholly; the union is perfect, since each gives himself unre- servedly; and finally, each, giving himself to all, gives himself to nobody. This body is called the "State or Sovereign"; the members, who, taken together, form "the people" are the "citizens" as participating in the supreme authority, and "subjects" as sub- jected to the laws. By this contract man passes from the natural to the civil state, from instinct to morality and justice. He loses his natural freedom and his unlimited right to all that he attempts or is able to do, but he gains civil liberty and the ownership of all that he possesses by becoming the acknowledged trustee of a part of the public property.

The second book deals with sovereignty and its rights. Sovereignty, or the general will, is inaliena- ble, for the will cannot be transmitted ; it is indivisi- ble, since it is essentially general; it is infallible and always right. It is determined and limited in its power by the common interest; it acts through laws. Law is the decision of the general will in regard to some object of common interest. But though the general will is always right and always desires what is good, its judgment is not always enlightened, and consequently does not always see wherein the com- mon good lies; hence the necessity of the legislator. But the legislator has, of himself, no authority; he is only a guide. He drafts and proposes laws, but the people alone (that is, the sovereign or general will) has authority to make and impose them.

The third book treats of government and its exer- cise. In the State it is not sufficient to make laws, it is also necessary to enforce them. Although the sovereign or general will has the legislative power, it cannot exercise by itself the executive power. It needs a special agent, intermediary between the sub- jects and the sovereign, which applies the laws under the direction of the general will. This is precisely the part of the Government which is the minister of the sovereign and not sovereign itself. The one or the several magistrates who form the Government are only the trustees of the executive powers; they are the officers of the sovereign, and their office is not the result of a contract, but a charge laid upon them; they receive from the sovereign the orders which they transmit to the people, and the sovereign can at will limit, modify, or revoke this power.

The three principal forms of government are: democracy, a government by the whole, or the greater part, of the people; aristocracy, government by a few; monarchy, government by one. Democ- racy is in practice impossible. It demands conditions too numerous and virtues too difficult for the whole people. " If there were a people of gods, its govern- ment would be democratic, so perfect a government is not for men. " Aristocracy may be natural, hcredi- tarj', or elective. The first is found only among sim- ple and primitive people; the second is the worst of all governments; the third, where the power is given to th(? wisest, to those who have more time for public affairs, is the best and the most natural of all govern- ments whenever it is certain that those who wield power will use it for the public welfare and not for their own interest No government is more vigorous than inonarchy; but it jin'sents great dangers; if the end is not the public welfare, the whole energy of the administration i.s concentrated for the detriment of

the State. Kings seek to be absolute, and offices are given to intriguers. Theoretically, a government simple and pure in form is the best; practically, it must be combined with, and controlled by, elements borrowed from other forms. AlsO; it is to be remarked that not every form of government is equally suitable to every country; but the government of each country must be adapted to the character of its people. " .\11 things being equal, the best form of government for a country is the one imder which the citizens, without any outside means, without naturalization or colonies, in- crease and multiply." In order to prevent any usurpation on the part of the government, some fixed and periodical meetings of the people must be deter- mined by law, during which all executive power is suspended, and all authority is in the hands of the people. In these meetings the people will decide two questions: "Whether it pleases the sovereign to pre- serve the present form of government, and whether it pleases the people to continue the administration in the hands of those who are actually in charge." Intermediary between the .sovereign authority and the Government there is sometimes another power, that of the deputies or representatives. The general will, however, cannot be represented any more than it can be alienated; the deputies are not representa- tives of the people, but its commissioners; they can- not decide anything definitively; hence, any law which is not ratified by the people is null. The insti- tution of the Government, therefore, is not based on a contract between the people and the magistrates; it is a law. Those wlio liold power are the officers, not the masters, of the people; they have not to make a contract, but to obey; by fulfilling their functions they simply discharge their duties as citizens.

In the fourth book, Rousseau speaks of certain social institutions. The general will is indestructible; it expresses itself through elections. As to different modes of elections and institutions, such as tribunate, dictatorship, censure, etc., the history of the ancient republics of Rome and Greece, of Sparta especially, can teach us something about their value. Religion is at the very foundation of the State. .\t all times it has occupied a large place in the life of the people. The Christianity of the Gospel is a holy religion, but by teaching detachment from earthly things it con- flicts with the social spirit. It produces men who fulfil their duties with indifference, and soldiers who know how to die rather than how to win. It is important for the State that each citizen should have a religion that will help him to love his duty; but the dogmas of this religion are of no concern to the State except in so far as they are related to moralitj' or duties towards others. There must be, therefore, in the State a religion of which the sovereign shall determine the articles, not as dogmas of religion, but as senti- ments of sociability. Whosoever does not accept them may be banished, not as impious, but as unsocia- ble; and whosoever, after having accepted them, will not act according to them shall be punished by death. These articles shall be few and precise; existence of the Divinity, powerful, intelligent, good, and provi- dent; future life, happiness of the just; chastisement of the wicked; sanctity of the social contract and the laws ; these are the positive dogmas. Tlicre is also one negative dogma: Whosoever shall say, "Outside of the Church thirr is no salvation", ought to be " i.shcd from Ihr State.

The inlluence of this book was immense. Roussea owes much indeed to Hobbes and Locke, and t Montosiiuieu's "Esprit des lois", published fourtee years before; but, by the extreme jirominence give to the ideas of po|nilar sovereignty, of liberty an equality, and especially by his highly coloured styl his .short and concise formul.'P, he put within th common reach principles and concepts which hai hitherto been confined to scientific exposition. Tlw