The Online Library of Liberty

A project of Liberty Fund, Inc.

• Introduction
• The Social Contract Or Principles of Political Right
• Foreword
• Book I
• Chapter I: Subject of the First Book
• Chapter II: The First Societies
• Chapter III: The Right of the Strongest
• Chapter IV: Slavery
• Chapter V: That We Must Always Go Back to a First Convention
• Chapter VI: The Social Compact
• 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 Is Fallible
• Chapter IV: The Limits of the Sovereign Power
• Chapter V: The Right of Life and Death
• Chapter VI: Law
• Chapter VII: The Legislator
• Chapter VIII: The People
• Chapter IX: The People ( Continued )
• Chapter X: The People ( Continued )
• Chapter XI: The Various Systems of Legislation
• Chapter XII: The Division of the Laws
• Book Iii
• Chapter I: Government In General
• Chapter II: The Constituent Principle In the Various Forms of Government
• Chapter III: The Division of Governments
• Chapter IV: Democracy
• Chapter V: Aristocracy
• Chapter VI: Monarchy
• Chapter VII: Mixed Governments
• Chapter VIII: That All Forms of Government Do Not Suit All Countries
• Chapter IX: The Marks of a Good Government
• Chapter X: The Abuse of Government and Its Tendency to Degenerate
• Chapter XI: The Death of the Body Politic
• Chapter XII: How the Sovereign Authority Maintains Itself
• Chapter XIII: The Same ( Continued )
• Chapter XIV: The Same ( Continued )
• Chapter XV: Deputies Or Representatives
• Chapter XVI: That the Institution of Government Is Not a Contract
• Chapter XVII: The Institution of Government
• Chapter XVIII: How to Check the Usurpations of 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 Tribunate
• Chapter VI: The Dictatorship
• Chapter VII: The Censorship
• Chapter VIII: Civil Religion
• Chapter IX: Conclusion
• A Discourse Which Won the Prize At the Academy of Dijon In 1750, On This Question Proposed By the Academy: Has the Restoration of the Arts and Sciences Had a Purifying Effect Upon Morals ?
• A Discourse On the Moral Effects of the Arts and Sciences Decipimur Specie Recti. — Horace.
• The First Part
• The Second Part
• A Discourse On a Subject Proposed By the Academy of Dijon: What Is the Origin of Inequality Among Men, and Is It Authorised By Natural Law ?
• A Discourse On Political Economy

CHAPTER XVII

the institution of government

Under what general idea then should the act by which government is instituted be conceived as falling? I will begin by stating that the act is complex, as being composed of two others—the establishment of the law and its execution.

By the former, the Sovereign decrees that there shall be a governing body established in this or that form; this act is clearly a law.

By the latter, the people nominates the rulers who are to be entrusted with the government that has been established. This nomination, being a particular act, is clearly not a second law, but merely a consequence of the first and a function of government.

The difficulty is to understand how there can be a governmental act before government exists, and how the people, which is only Sovereign or subject, can, under certain circumstances, become a prince or magistrate.

It is at this point that there is revealed one of the astonishing properties of the body politic, by means of which it reconciles apparently contradictory operations; for this is accomplished by a sudden conversion of Sovereignty into democracy, so that, without sensible change, and merely by virtue of a new relation of all to all, the citizens become magistrates and pass from general to particular acts, from legislation to the execution of the law.

This changed relation is no speculative subtlety without instances in practice: it happens every day in the English Parliament, where, on certain occasions, the Lower House resolves itself into Grand Committee, for the better discussion of affairs, and thus, from being at one moment a sovereign court, becomes at the next a mere commission; so that subsequently it reports to itself, as House of Commons, the result of its proceedings in Grand Committee, and debates over again under one name what it has already settled under another.

It is, indeed, the peculiar advantage of democratic government that it can be established in actuality by a simple act of the general will. Subsequently, this provisional government remains in power, if this form is adopted, or else establishes in the name of the Sovereign the government that is prescribed by law; and thus the whole proceeding is regular. It is impossible to set up government in any other manner legitimately and in accordance with the principles so far laid down.