Rousseau_contrat-social

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Again, every malefactor, by attacking social rights, becomes on forfeit a rebel and a traitor to his country; by violating its laws be ceases to be a member of it; he even makes war upon it. In such a case the preservation of the State is inconsistent with his own, and one or the other must perish; in putting the guilty to death, we slay not so much the citizen as an enemy. The trial and the judgment are the proofs that he has broken the social treaty, and is in consequence no longer a member of the State. Since, then, he has recognised himself to be such by living there, he must be removed by exile as a violator of the compact, or by death as a public enemy; for such an enemy is not a moral person, but merely a man; and in such a case the right of war is to kill the vanquished. But, it will be said, the condemnation of a criminal is a particular act. I admit it: but such condemnation is not a function of the Sovereign; it is a right the Sovereign can confer without being able itself to exert it. All my ideas are consistent, but I cannot expound them all at once. We may add that frequent punishments are always a sign of weakness or remissness on the part of the government. There is not a single ill-doer who could not be turned to some good. The State has no right to put to death, even for the sake of making an example, any one whom it can leave alive without danger. The right of pardoning or exempting the guilty from a penalty imposed by the law and pronounced by the judge belongs only to the authority which is superior to both judge and law, i.e., the Sovereign; each its right in this matter is far from clear, and the cases for exercising it are extremely rare. In a well-governed State, there are few punishments, not because there are many pardons, but because criminals are rare; it is when a State is in decay that the multitude of crimes is a guarantee of impunity. Under the Roman Republic, neither the Senate nor the Consuls ever attempted to pardon; even the people never did so, though it sometimes revoked its own decision. Frequent pardons mean that crime will soon need them no longer, and no one can help seeing whither that 26
leads. But I feel my heart protesting and restraining my pen; let us leave these questions to the just man who has never offended, and would himself stand in no need of pardon. 6. LAW BY the social compact we have given the body politic existence and life; we have now by legislation to give it movement and will. For the original act by which the body is formed and united still in no respect determines what it ought to do for its preservation. What is well and in conformity with order is so by the nature of things and independently of human conventions. All justice comes from God, who is its sole source; but if we knew how to receive so high an inspiration, we should need neither government nor laws. Doubtless, there is a universal justice emanating from reason alone; but this justice, to be admitted among us, must be mutual. Humanly speaking, in default of natural sanctions, the laws of justice are ineffective among men: they merely make for the good of the wicked and the undoing of the just, when the just man observes them towards everybody and nobody observes them towards him. Conventions and laws are therefore needed to join rights to duties and refer justice to its object. In the state of nature, where everything is common, I owe nothing to him whom I have promised nothing; I recognise as belonging to others only what is of no use to me. In the state of society all rights are fixed by law, and the case becomes different. But what, after all, is a law? As long as we remain satisfied with attaching purely metaphysical ideas to the word, we shall go on arguing without arriving at an understanding; and when we have defined a law of nature, we shall be no nearer the definition of a law of the State. I have already said that there can be no general will directed to a particular object. Such an object must be either within or outside the State. If outside, a will which is alien to it cannot be, in relation to it, general; if within, it is part of the State, and in that case there arises a relation between whole and part which makes them two separate 27
Page 1 and 2: y Jean Jacques Rousseau THE SOCIAL
Page 3 and 4: THE most ancient of all societies,
Page 5 and 6: not of will -- at the most, an act
Page 7 and 8: indemnity is possible. Such a renun
Page 9 and 10: master, except to obey him as far a
Page 11 and 12: fundamental problem of which the So
Page 13 and 14: others, provided the contract is no
Page 15 and 16: distinguish natural liberty, which
Page 17 and 18: ulers of men than as masters of a c
Page 19 and 20: offers no opposition. In such a cas
Page 21 and 22: the general will; the latter consid
Page 23 and 24: guide us. Indeed, as soon as a ques
Page 25: fight battles at the peril of their
Page 29 and 30: laws, no matter what the form of it
Page 31 and 32: into its constitution; it is an ind
Page 33 and 34: philosophy or the blind spirit of f
Page 35 and 36: constitution of a State to be at it
Page 37 and 38: 10. THE PEOPLE (continued) A BODY p
Page 39 and 40: for a man to bear; one which can do
Page 41 and 42: their influence, the constitution w
Page 43 and 44: We have seen that the legislative p
Page 45 and 46: When I say the relation increases,
Page 47 and 48: assemblies, councils, power and del
Page 49 and 50: and as the absolute force of the go
Page 51 and 52: of distribution. Sparta always had
Page 53 and 54: But, for want of the necessary dist
Page 55 and 56: Sovereign each in his own departmen
Page 57 and 58: We found, on general grounds, that
Page 59 and 60: Everything conspires to take away f
Page 61 and 62: Simple government is better in itse
Page 63 and 64: labour, should remain desert and un
Page 65 and 66: clothes; where they clothe themselv
Page 67 and 68: citizens increase and multiply most
Page 69 and 70: SUCH is the natural and inevitable
Page 71 and 72: Macedonian and the Frankish, had si
Page 73 and 74: the body politic and the curb on th
Page 75 and 76: functions of the people, and that i
Page 77 and 78:
It has been held that this act of e
Page 79 and 80:
egular. It is impossible to set up
Page 81 and 82:
BOOK IV 1. THAT THE GENERAL WILL IS
Page 83 and 84:
2. VOTING IT may be seen, from the
Page 85 and 86:
still reside in the majority: when
Page 87 and 88:
democracy is only an ideal. When ch
Page 89 and 90:
divided into fifteen cantons. Subse
Page 91 and 92:
included the rich, the last the poo
Page 93 and 94:
a matter of policy. Thus, the comit
Page 95 and 96:
and passed their plebiscita. The se
Page 97 and 98:
5. THE TRIBUNATE WHEN an exact prop
Page 99 and 100:
space of time which circumstances s
Page 101 and 102:
Instead, the senate contented itsel
Page 103 and 104:
Romans, and still more by the Laced
Page 105 and 106:
Finally, when, along with their emp
Page 107 and 108:
particular, may also be divided int
Page 109 and 110:
does his duty, indeed, but does it
Page 111 and 112:
Sovereign’s business to take cogn
Page 113 and 114:
same Cato wrote to his son telling
Page 115 and 116:
otherwise his laws would not have b
Page 117 and 118:
flourished have been too much admir
Page 119 and 120:
history then confirms, instead of i
Page 121 and 122:
of sacrilege, and not the conquest
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