Page:Rousseau - The Social Contract - Discourses, tr. Cole, 1913.djvu/253

 itself, could not serve as a foundation on which to build any other; the victor and the vanquished people still remained with respect to each other in the state of war, unless the vanquished, restored to the full possession of their liberty, voluntarily made choice of the victor for their chief. For till then, whatever capitulation may have been made being founded on violence, and therefore ipso facto void, there could not have been on this hypothesis either a real society or body politic, or any law other than that of the strongest. Secondly: because the words strong and weak are, in the second case, ambiguous; for during the interval between the establishment of a right of property, or prior occupancy, and that of political government, the meaning of these words is better expressed by the terms rich and poor: because, in fact, before the institution of laws, men had no other way of reducing their equals to submission, than by attacking their goods, or making some of their own over to them. Thirdly: because, as the poor had nothing but their freedom to lose, it would have been in the highest degree absurd for them to resign voluntarily the only good they still enjoyed, without getting anything in exchange: whereas the rich having feelings, if I may so express myself, in every part of their possessions, it was much easier to harm them, and therefore more necessary for them to take precautions against it; and, in short, because it is more reasonable to suppose a thing to have been invented by those to whom it would be of service, than by those whom it must have harmed.

Government had, in its infancy, no regular and constant form. The want of experience and philosophy prevented men from seeing any but present inconveniences, and they thought of providing against others only as they presented themselves. In spite of the endeavours of the wisest legislators, the political state remained imperfect, because it was little more than the work of chance; and, as it had begun ill, though time revealed its defects and suggested remedies, the original faults were never repaired. It was continually being patched up, when the first task should have been to get the site cleared and all the old materials removed, as was done by Lycurgus at Sparta, if a stable and lasting edifice was to be erected. Society consisted at first merely of a few general conventions, which every member bound himself to observe; and for the performance of covenants the whole