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 XVI.

That the Institution of the Government is Not a Contract.

The legislative power being once well established, the question is to establish also the executive power; for this latter, which operates only by particular acts, not being of the essence of the other, is naturally separated from it. If it were possible that the sovereign, considered as such, should have the executive power, law and fact would be so confounded that it could no longer be known what is law and what is not; and the body politic, thus perverted, would soon become a prey to the violence against which it was instituted.

The citizens being all equal by the social contract, all can prescribe what all ought to do, while no one has a right to demand that another should do what he will not do himself. Now, it is properly this right, indispensable to make the body politic live and move, which the sovereign gives to the Prince in establishing the government.

Several have pretended that the instrument in this establishment is a contract between the people and the chiefs whom they set over themselves — a contract by which it is stipulated between the two parties on what conditions the one binds itself to rule, the other to obey. It will be agreed, I am sure, that this is a strange method of contracting. But let us see whether such a position is tenable.

First, the supreme authority can no more be modified than alienated; to limit it is to destroy it. It is absurd and contradictory that the sovereign should acknowledge a superior; to bind itself to obey a master is to regain full liberty.

Further, it is evident that this contract of the people with such or such persons is a particular act; whence it follows that the contract cannot be a law nor an act of sovereignty, and that consequently it is unlawful.

Moreover, we see that the contracting parties themselves would be under the law of nature alone, and without any security for the performance of their reciprocal engagements, which is in every way repugnant to the civil state. He who possesses the power being always capable of executing it, we might as well give the name contract to the act of a man who should say to another: “I give you all my property, on condition that you restore me what you please.”

There is but one contract in the State — that of association; and this of itself excludes any other. No public contract can be conceived which would not be a violation of the first.