According to Messrs. Considérant and Rittinghausen, the first idea of direct government came from Germany; as for M. Ledru-Rollin, he only claims it, and with reservations, for our first revolution; this idea being found at length in the Constitution of ’93, and in the Social Contract.
It must be understood, that if I intervene in my turn in the discussion, it is not to claim a priority which I reject with all my power in the terms in which the question has been put. Direct Government and Direct Legislation seem to me the two biggest blunders in the annals of politics and of philosophy. How is it that M. Rittinghausen, who understands German philosophy to the bottom; how is it that M. Considérant, who ten or fifteen years ago wrote a pamphlet, under the title, Breaking-up of Politics in France; how is it that M. Ledru-Rollin, who, when he subscribed to the Constitution of’93, made such generous and futile efforts to make direct government practicable, and to reduce it within the bounds of common sense; how is it, I ask, that these gentlemen have not understood that the very arguments which they use against indirect government, have no force that does not apply equally against direct government; that their criticism is admissible only when made absolute; and that, in stopping half-way, they have fallen into the most pitiful inconsequence? Above all, how is it that they have not seen that their pretended direct government is nothing but the reduction to absurdity of the governmental idea; to the extent that, if through the progress of ideas and the complexity of interests, society is forced to abjure every kind of government, it will be just because direct government, the only form of government that seems to be rational, liberal, equal, is nevertheless impossible?
Meanwhile comes along M. de Girardin, aspiring, no doubt, to have a share in the invention, or at least, in the completion, who proposed this formula: Abolition of Authority through the Simplification of Government. What was M. de Girardin doing with this foolish business? Such a mind, so resourceful, can never be restrained! You are too quick, M. de Girardin, to accomplish anything. Authority is to Government what the thought is to the word, the idea to the fact, the soul to the body. Authority is government in principle, as government is authority in practice. To abolish either, if it is a real abolition, is to abolish both. By the same token, to preserve one or the other, if the preservation is effective, is to keep both.
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The prejudice in favour of government having sunk into our deepest consciousness, stamping even reason in its mould, every other conception has been for a long time rendered impossible, and the boldest thinkers could but say that Government was no doubt a scourge, a chastisement for humanity; but that it was a necessary evil!
That is why, up to our own days, the most emancipating revolutions and all the eruptions of liberty have always ended in a reiteration of faith in and submission to power; why all revolutions have served only to re-establish tyranny: I make no exception of the Constitution of ’93, any more than that of 1848, the two most advanced expressions nevertheless of French democracy.
What has maintained this mental predisposition and made its fascination invincible for so long a time, is that, through the supposed analogy between Society and the family, Government has always presented itself to the mind as the natural organ of justice, the protector of the weak, the preserver of the peace. By the attribution to it of provident care and of full guaranty, Government took root in the hearts, as well as in the minds of men; it formed a part of the universal soul, it was the faith, the intimate, invincible superstition of the citizens! If this confidence weakened, they said of Government, as they said of Religion and Property, it is not the institution which is bad, but the abuse of it; it is not the king who is wicked but his ministers; Ah, if the king knew!
Thus to the hierarchical and absolutist view of a governing authority, is added an ideal which appeals to the soul, and conspires incessantly against the desire for equality and independence. The people at each revolution think to reform the faults of their government according to the inspiration of their hearts; but they are deceived by their own ideas. While they think that they will secure Power in their own interest, they really have it always against them: in place of a protector, they give themselves a tyrant.
Experience, in fact, shows that everywhere and always Government, however much it may have been for the people at its origin, has placed itself on the side of the richest and most educated class against the more numerous and poorer class; it has little by little become narrow and exclusive; and, instead of maintaining liberty and equality among all, it works persistently to destroy them, by virtue of its natural inclination towards privilege.
We have shown in a previous study how since 1789, the revolution having founded nothing, society, as M. Collard expressed it, having been reduced to dust, the distribution of wealth left to chance, Government, whose task it is to protect property as well as person, found itself in fact established for the rich against the poor. Who does not see now that this anomaly, which then it was thought proper to embody in the political constitution of our country, is common to all governments? At no epoch is property found to depend on labour exclusively; at no epoch has work been guaranteed by the equilibrium of economic forces: in this matter, the civilisation of the nineteenth century is not any more advanced than that of the Middle Ages. Authority, in defending rights, however established, has always been for riches against misfortune: the history of governments is the martyrology of the proletariat.
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What really is the Social Contract? An agreement of the citizen with the government? No, that would mean but the continuation of the same idea. The social contract is an agreement of man with man; an agreement from which must result what we call society. In this, the notion of commutative justice, first brought forward by the primitive fact of exchange, and defined by the Roman law, is substituted for that of distributive justice, dismissed without appeal by republican criticism. Translate these words, contract, commutative justice, which are the language of the law, into the language of business, and you have Commerce, that is to say, in its highest significance, the act by which man and man declare themselves essentially producers, and abdicate all pretension to govern each other.
Commutative justice, the reign of contract, the industrial or economic system , such are the different synonyms for the idea which by its accession must do away with the old systems of distributive justice, the reign of law, or in more concrete terms, feudal, governmental, or military rule. The future hope of humanity lies in this substitution.
But before this revolution of doctrine can be formulated, before it can be comprehended, before it can take possession of the peoples who alone can put it into practice, what fruitless debates! what weary inactivity of ideas! what a time for agitators and sophists! From the controversy of Jurieu with Bossuet, to the publication of Rousseau’s Social Contract almost a century elapsed; and when the latter appeared, it was not to assert the idea, but to stifle it.
Rousseau, whose authority has ruled us for almost a century, understood nothing of the social contract. To him, most of all, must be ascribed the great relapse of ’93, expiated already by fifty-seven years of fruitless disorder, and which certain minds more ardent than wise wish us still to regard as a sacred tradition.
The idea of contract excludes that of government: M. Ledru-Rollin, who is a lawyer, and whose attention I call to this point, ought to know it. What characterises the contract is agreement for equal exchange; and it is by virtue of this agreement that liberty and well being increase; while by the establishment of authority, both of these necessarily diminish. This will be evident if we reflect that contract is the act whereby two or several individuals agree to organise among themselves, for a definite purpose and time, that industrial power which we have called exchange; and in consequence have obligated themselves to each other, and reciprocally guaranteed a certain amount of services, products, advantages, duties, etc., which they are in a position to obtain and give to each other; recognising that they are otherwise perfectly ind
ependent, whether for consumption or production.
Between contracting parties there is necessarily for each one a real personal interest; it implies that a man bargains with the aim of securing his liberty and his revenue at the same time, without any possible loss.567 Between governing and governed, on the contrary, no matter how the system of representation or of delegation of the governmental function is arranged, there is necessarily alienation of a part of the liberty and of the means of the citizen […]
The contract therefore is essentially reciprocal: it imposes no obligation upon the parties, except that which results from their personal promise of reciprocal delivery: it is not subject to any external authority: it alone forms the law between the parties: it awaits their initiative for its execution.
But if such is the contract in its most general acceptation, and in daily practice; what will be the Social Contract, which is relied upon to bind together all the members of a nation into one and the same interest?
The Social Contract is the supreme act by which each citizen pledges to the association his love, his intelligence, his work, his services, his goods, in return for the affection, ideas, labour, products, services and goods of his fellows; the measure of the right of each being determined by the importance of his contributions, and the recovery that can be demanded in proportion to his deliveries.
Thus the social contract should include all citizens, with their interests and relations.—If a single man were excluded from the contract, if a single one of the interests upon which the members of the nation, intelligent, industrious, and sensible beings, are called upon to bargain, were omitted, the contract would be more or less relative or special, it would not be social.
The social contract should increase the well-being and liberty of every citizen.—If any one-sided conditions should slip in; if one part of the citizens should find themselves, by the contract, subordinated and exploited by the others, it would no longer be a contract; it would be a fraud, against which annulment might at any time be invoked justly.
The social contract should be freely discussed, individually accepted, signed with their own hands, by all the participants. If the discussion of it were forbidden, cut short or juggled, if consent were obtained by fraud; if signature were made in blank, by proxy, or without reading the document and the preliminary explanation; or even if, like the military oath, consent were a matter of course and compulsory; the social contract would then be no more than a conspiracy against the liberty and well-being of the most ignorant, the weakest and the most numerous, a systematic spoliation, against which every means of resistance, and even of reprisal, would be a right and a duty.
We may add that the social contract of which we are now speaking has nothing in common with the contract of association by which, as we have shown in a previous study, the contracting party gives up a portion of his liberty, and submits to an annoying, often dangerous, obligation, in the more or less well-founded hope of a benefit. The social contract is of the nature of a contract of exchange: not only does it leave the party free, it adds to his liberty; not only does it leave him all his goods, it adds to his property; it prescribes no labour; it bears only upon exchange: all these being points which are not found in the contract of association, which is even antagonistic to it.
Such should be the social contract, according to the definitions of the law and universal practice. Is it necessary now to say that, out of the multitude of relations which the social pact is called upon to define and regulate, Rousseau saw only the political relations; that is to say, he suppressed the fundamental points of the contract, and dwelt only upon those that are secondary? Is it necessary to say that Rousseau understood and respected not one of these essential, indispensable conditions,—the absolute liberty of the party, his personal, direct part, his signature given with full understanding, and the share of liberty and prosperity which he should experience?
For him, the social contract is neither an act of reciprocity, nor an act of association. Rousseau takes care not to enter into such considerations. It is an act of appointment of arbiters, chosen by the citizens, without any preliminary agreement, for all cases of contest, quarrel, fraud or violence, which can happen in the relations which they may subsequently form among themselves, the said arbiters being clothed with sufficient force to put their decisions into execution, and to collect their salaries.
Of a real, true contract, on whatsoever subject, there is no vestige in Rousseau’s book. To give an exact idea of his theory, I cannot do better than compare it with a commercial agreement, in which the names of the parties, the nature and value of the goods, products and services involved, the conditions of quality, delivery, price, reimbursement, everything in fact which constitutes the material of contracts, is omitted, and nothing is mentioned but penalties and jurisdictions.
Indeed, Citizen of Geneva, you talk well. But before holding forth about the sovereign and the prince, about the policeman and the judge, tell me first what is my share of the bargain? What? You expect me to sign an agreement in virtue of which I may be prosecuted for a thousand transgressions, by municipal, rural, river and forest police, handed over to tribunals, judged, condemned for damage, cheating, swindling, theft, bankruptcy, robbery, disobedience to the laws of the State, offence to public morals, vagabondage, —and in this agreement I find not a word of either my rights or my obligations, I find only penalties!
But every penalty no doubt presupposes a duty, and every duty corresponds to a right. Where then in your agreement are my rights and duties? What have I promised to my fellow citizens? What have they promised to me? Show it to me, for without that, your penalties are but excesses of power, your law-controlled State a flagrant usurpation, your police, your judgement and your executions so many abuses. You who have so well denied property, who have impeached so eloquently the inequality of conditions among men, what dignity, what heritage, have you for me in your republic, that you should claim the right to judge me, to imprison me, to take my life and honour? Perfidious declaimer, have you inveighed so loudly against exploiters and tyrants, only to deliver me to them without defence?
Rousseau defined the social contract thus:
“To find a form of association which defends and protects, with the whole power of the community, the person and goods of each associate; and by which each one, uniting himself to all, obeys only himself and remains as free as before.”
Yes, these are indeed the conditions of the social pact, as far as concerns the protection and defence of goods and persons. But as for the mode of acquisition and transmission, as to labour, exchange, value and price of products, as to education, as to the multitude of relations which, whether he wishes it or not, places man in perpetual association with his fellows, Rousseau says not a word; his theory is perfectly meaningless. Who does not see that without some definition of rights and duties, the sanction which follows is absolutely null; who does not see that where there are no stipulations, there can be no infractions, nor, in consequence, any criminals; and, to conclude with philosophical rigor, that a society which after having provoked revolt, punishes and kills by virtue of such authority, itself commits assassination with premeditation and by treachery.
Rousseau is so far from desiring that any mention should be made in the social contract of the principles and laws which rule the fortunes of nations and of individuals, that, in his demagogue’s programme, as well as in his Treatise on Education, he starts with the false, thievish, murderous supposition that only the individual is good, that society depraves him, that man therefore should refrain as much as possible from all relations with his fellows; and that all we have to do in this world below, while remaining in complete isolation, is to form among ourselves a mutual insurance society, for the protection of our persons and property; that all the rest, that is to say, economic matters, really the only matters of importance, should be left to the chance of birth or speculation, and submitted, in case of litigation, to the arbitration of elected offi
cers, who should determine according to rules laid down by themselves, or by the light of natural equity. In a word, the social contract, according to Rousseau, is nothing but the offensive and defensive alliance of those who possess, against those who do not possess; and the only part played by the citizen is to pay the police, for which he is assessed in proportion to his fortune, and the risk to which he is exposed from general pauperism.
It is this contract of hatred, this monument of incurable misanthropy, this coalition of the barons of property, commerce and industry against the disinherited lower class, this oath of social war indeed, which Rousseau calls Social Contract, with a presumption which I should call that of a scoundrel, if I believed in the genius of the man.
Property Is Theft! Page 75