The Online Library of Liberty

A project of Liberty Fund, Inc.

• Illustrations
• Introduction
• Rousseau’s Social Contract
• Prefatory Note.
• Book I.
• Introductory Note.
• Chapter I.: Subject of the First Book.
• Chapter II.: Primitive Societies.
• Chapter III.: The Right of the Strongest.
• Chapter IV.: Slavery.
• Chapter V.: That It Is Always Necessary to Go Back to a First Convention.
• Chapter VI.: The Social Pact.
• Chapter VII.: The Sovereign.
• Chapter VIII.: The Civil State.
• Chapter IX.: Real Property.
• Book II.
• Chapter I.: That Sovereignty Is Inalienable.
• Chapter II.: That Sovereignty Is Indivisible.
• Chapter III.: Whether the General Will Can Err.
• Chapter IV.: The Limits of the Sovereign Power.
• Chapter V.: The Right of Life and Death.
• Chapter VI.: The Law.
• Chapter VII.: The Legislator.
• Chapter VIII.: The People.
• Chapter IX.: The People (continued).
• Chapter X.: The People (continued.)
• Chapter XI.: The Different Systems of Legislation.
• Chapter XII.: Division of the Laws.
• Book III.
• Chapter I.: Government In General.
• Chapter II.: The Principle Which Constitutes the Different Forms of Government.
• Chapter III.: Classification of Governments.
• Chapter IV.: Democracy. *
• Chapter V.: Aristocracy.
• Chapter VI.: Monarchy.
• Chapter VII.: Mixed Governments.
• Chapter VIII.: That Every Form of Government Is Not Fit For Every Country.
• Chapter IX.: The Marks of a Good Government.
• Chapter X.: The Abuse of the Government and Its Tendency to Degenerate.
• Chapter XI.: The Dissolution of the Body Politic.
• Chapter XII.: How the Sovereign Authority Is Maintained.
• Chapter XIII.: How the Sovereign Authority Is Maintained —(continued).
• Chapter XIV.: How the Sovereign Authority Is Maintained — (continued.)
• Chapter XV.: Deputies Or Representatives.
• Chapter XVI.: That the Institution of the Government Is Not a Contract.
• Chapter XVII.: The Institution of the Government.
• Chapter XVIII.: Means of Preventing Usurpations of the Government.
• Book IV.
• Chapter I.: That the General Will Is Indestructible. *
• Chapter II.: Voting.
• Chapter III.: Elections.
• Chapter IV.: The Roman Comitia.
• Chapter V.: The Tribuneship.
• Chapter VI.: The Dictatorship.
• Chapter VII.: The Censorship.
• Chapter VIII.: Civil Religion.
• Chapter IX.: Conclusion.
• Sir Thomas More’s Utopia.
• Book I.
• Book II.
• Of Their Towns, Particularly of Amaurot.
• Of Their Magistrates.
• Of Their Trades, and Manner of Life.
• Of Their Traffic.
• Of the Traveling of the Utopians.
• Of Their Slaves, and of Their Marriages.
• Of Their Military Discipline.
• Of the Religions of the Utopians.
• Bacon’s New Atlantis.
• Campanella’s City of the Sun.

CHAPTER V.

That It Is Always Necessary to Go Back to a First Convention.

If I should concede all that I have so far refuted, those who favor despotism would be no farther advanced. There will always be a great difference between subduing a multitude and ruling a society. When isolated men, however numerous they may be, are subjected one after another to a single person, this seems to me only a case of master and slaves, not of a nation and its chief; they form, if you will, an aggregation, but not an association, for they have neither public property nor a body politic. Such a man, had he enslaved half the world, is never anything but an individual; his interest, separated from that of the rest, is never anything but a private interest. If he dies, his empire after him is left disconnected and disunited, as an oak dissolves and becomes a heap of ashes after the fire has consumed it.

A nation, says Grotius, can give itself to a king. According to Grotius, then, a nation is a nation before it gives itself to a king. This gift itself is a civil act, and presupposes a public resolution. Consequently, before examining the act by which a nation elects a king, it would be proper to examine the act by which a nation becomes a nation; for this act, being necessarily anterior to the other, is the real foundation of the society.

In fact, if there were no anterior convention, where, unless the election were unanimous, would be the obligation upon the minority to submit to the decision of the majority? And whence do the hundred who desire a master derive the right to vote on behalf of ten who do not desire one? The law of the plurality of votes is itself established by convention, and presupposes unanimity once at least.