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 XV.

Deputies or Representatives.

So soon as the service of the State ceases to be the principal business of the citizens, and they prefer to render aid with their purses rather than their persons, the State is already on the brink of ruin. Is it necessary to march to battle, they pay troops and remain at home; is it necessary to go to the council, they elect deputies and remain at home. As a result of indolence and wealth, they at length have soldiers to enslave their country and representatives to sell it.

It is the bustle of commerce and of the arts, it is the greedy pursuit of gain, it is effeminacy and love of comforts, that commute personal services for money. Men sacrifice a portion of their profit in order to increase it at their ease. Give money and soon you will have chains. That word finance is a slave’s word; it is unknown among citizens. In a country that is really free, the citizens do everything with their hands and nothing with money: far from paying for exemption from their duties, they would pay to perform them themselves. I am far removed from ordinary ideas; I believe that statute labor (les corvées) is less repugnant to liberty than taxation is.

The better constituted a State is, the more do public affairs outweigh private ones in the minds of the citizens. There is, indeed, a much smaller number of private affairs, because the amount of the general prosperity furnishes a more considerable portion to that of each individual, and less remains to be sought by individual exertions. In a well-conducted city-state everyone hastens to the assemblies: while under a bad government no one cares to move a step in order to attend them, because no one takes an interest in the proceedings, since it is foreseen that the general will will not prevail; and so at last private concerns become all-absorbing. Good laws pave the way for better ones; bad laws lead to worse ones. As soon as any one says of the affairs of the State, “Of what importance are they to me?” we must consider that the State is lost.

The decline of patriotism, the active pursuit of private interests, the vast size of States, conquests, and the abuses of government, have suggested the plan of deputies or representatives of the people in the assemblies of the nation. It is this which in certain countries they dare to call the third estate. Thus the private interest of two orders is put in the first and second rank, the public interest only in the third.

Sovereignty cannot be represented for the same reason that it cannot be alienated; it consists essentially in the general will, and the will cannot be represented; it is the same or it is different; there is no medium. The deputies of the people, then, are not and cannot be its representatives; they are only its commissioners and can conclude nothing definitely. Every law which the people in person have not ratified is invalid; it is not a law. The English nation thinks that it is free, but is greatly mistaken, for it is so only during the election of members of Parliament; as soon as they are elected, it is enslaved and counts for nothing. The use which it makes of the brief moments of freedom renders the loss of liberty well-deserved.

The idea of representatives is modern; it comes to us from feudal government, that absurd and iniquitous government, under which mankind is degraded and the name of man dishonored. In the republics, and even in the monarchies, of antiquity, the people never had representatives; they did not know the word. It is very singular that in Rome, where the tribunes were so sacred, it was not even imagined that they could usurp the functions of the people, and in the midst of so great a multitude, they never attempted to pass of their own accord a single plebiscitum. We may judge, however, of the embarrassment which the crowd sometimes caused from what occurred in the time of the Gracchi, when a part of the citizens gave their votes on the house-tops. But where right and liberty are all in all, inconveniences are nothing. In that wise nation everything was estimated at a true value; it allowed the lictors to do what the tribunes had not dared to do, and was not afraid that the lictors would want to represent it.

To explain, however, in what manner the tribunes sometimes represented it, it is sufficient to understand how the government represents the sovereign. The law being nothing but the declaration of the general will, it is clear that in their legislative capacity the people cannot be represented; but they can and should be represented in the executive power, which is only force applied to law. This shows that very few nations would, upon careful examination, be found to have laws. Be that as it may, it is certain that the tribunes, having no share in the executive power, could never represent the Roman people by right of their office, but only by encroaching on the rights of the Senate.

Among the Greeks, whatever the people had to do, they did themselves; they were constantly assembled in the public place. They lived in a mild climate and they were not avaricious; slaves performed the manual labor; the people’s great business was liberty. Not having the same advantages, how are you to preserve the same rights? Your more rigorous climates give you more wants;* for six months in a year the public place is untenable, and your hoarse voices cannot be heard in the open air. You care more for gain than for liberty, and you fear slavery far less than you do misery.

What! is liberty maintained only with the help of slavery? Perhaps; extremes meet. Everything which is not according to nature has its inconveniences, and civil society more than all the rest. There are circumstances so unfortunate that people can preserve their freedom only at the expense of that of others, and the citizen cannot be completely free except when the slave is enslaved to the utmost. Such was the position of Sparta. As for you, modern nations, you have no slaves, but you are slaves; you pay for their freedom with your own. In vain do you boast of this preference; I find in it more of cowardice than of humanity.

I do not mean by all this that slaves are necessary and that the right of slavery is lawful, since I have proved the contrary; I only mention the reasons why modern nations who believe themselves free have representatives, and why ancient nations had none. Be that as it may, as soon as a nation appoints representatives, it is no longer free; it no longer exists.

After very careful consideration I do not see that it is possible henceforward for the sovereign to preserve among us the exercise of its rights unless the State is very small. But if it is very small, will it not be subjugated? No; I shall show hereafter how the external power of a great nation can be combined with the convenient polity and good order a small State.

[* ]To adopt in cold countries the effeminacy and luxuriousness of Orientals is to be willing to assume their chains, and to submit to them even more necessarily than they do.