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 XVII.

The Institution of the Government.

Under what general notion, then, must be included the act by which the government is instituted? I shall observe first that this act is complex, or composed of two others, viz, the establishment of the law and the execution of the law.

By the first, the sovereign determines that there shall be a governing body established in such or such a form; and it is clear that this act is a law.

By the second, the people nominate the chiefs who will be intrusted with the government when established. Now, this nomination being a particular act, is not a second law, but only a consequence of the first, and a function of the government.

The difficulty is to understand how there can be an act of government before the government exists, and how the people, who are only sovereign or subjects, can, in certain circumstances, become the Prince or the magistrates.

Here, however, is disclosed one of those astonishing properties of the body politic, by which it reconciles operations apparently contradictory; for this is effected by a sudden conversion of sovereignty into democracy in such a manner that, without any perceptible change, and merely by a new relation of all to all, the citizens, having become magistrates, pass from general acts to particular acts, and from the law to the execution of it.

This change of relation is not a subtlety of speculation without example in practice; it occurs every day in the Parliament of England, in which the Lower House on certain occasions resolves itself into Grand Committee in order to discuss business better, and thus becomes a simple commission instead of the sovereign court that it was the moment before. In this way it afterward reports to itself, as the House of Commons, what it has just decided in Grand Committee.

Such is the advantage peculiar to a democratic government, that it can be established in fact by a simple act of the general will; and after this, the provisional government remains in power, should that be the form adopted, or establishes in the name of the sovereign the government prescribed by the law; and thus everything is according to rule. It is impossible to institute the government in any other way that is legitimate without renouncing the principles heretofore established.