Emile Part 36

Having compared natural and civil liberty with regard to persons, we will compare them as to property, the rights of ownership and the rights of sovereignty, the private and the common domain. If the sovereign power rests upon the right of ownership, there is no right more worthy of respect; it is inviolable and sacred for the sovereign power, so long as it remains a private individual right; as soon as it is viewed as common to all the citizens, it is subject to the common will, and this will may destroy it. Thus the sovereign has no right to touch the property of one or many; but he may lawfully take possession of the property of all, as was done in Sparta in the time of Lycurgus; while the abolition of debts by Solon was an unlawful deed.

Since nothing is binding on the subjects except the general will, let us inquire how this will is made manifest, by what signs we may recognise it with certainty, what is a law, and what are the true characters of the law? This is quite a fresh subject; we have still to define the term law.

As soon as the nation considers one or more of its members, the nation is divided. A relation is established between the whole and its part which makes of them two separate ent.i.ties, of which the part is one, and the whole, minus that part, is the other. But the whole minus the part is not the whole; as long as this relation exists, there is no longer a whole, but two unequal parts.

On the other hand, if the whole nation makes a law for the whole nation, it is only considering itself; and if a relation is set up, it is between the whole community regarded from one point of view, and the whole community regarded from another point of view, without any division of that whole. Then the object of the statute is general, and the will which makes that statute is general too. Let us see if there is any other kind of decree which may bear the name of law.

If the sovereign can only speak through laws, and if the law can never have any but a general purpose, concerning all the members of the state, it follows that the sovereign never has the power to make any law with regard to particular cases; and yet it is necessary for the preservation of the state that particular oases should also be dealt with; let us see how this can be done.

The decrees of the sovereign can only be decrees of the general will, that is laws; there must also be determining decrees, decrees of power or government, for the execution of those laws; and these, on the other hand, can only have particular aims. Thus the decrees by which the sovereign decides that a chief shall be elected is a law; the decree by which that chief is elected, in pursuance of the law, is only a decree of government.

This is a third relation in which the a.s.sembled people may be considered, i.e., as magistrates or executors of the law which it has pa.s.sed in its capacity as sovereign. [Footnote: These problems and theorems are mostly taken from the Treatise on the Social Contract, itself a summary of a larger work, undertaken without due consideration of my own powers, and long since abandoned.]

We will now inquire whether it is possible for the nation to deprive itself of its right of sovereignty, to bestow it on one or more persons; for the decree of election not being a law, and the people in this decree not being themselves sovereign, we do not see how they can transfer a right which they do not possess.

The essence of sovereignty consisting in the general will, it is equally hard to see how we can be certain that an individual will shall always be in agreement with the general will. We should rather a.s.sume that it will often be opposed to it; for individual interest always tends to privileges, while the common interest always tends to equality, and if such an agreement were possible, no sovereign right could exist, unless the agreement were either necessary or indestructible.

We will inquire if, without violating the social pact, the heads of the nation, under whatever name they are chosen, can ever be more than the officers of the people, entrusted by them with the duty of carrying the law into execution. Are not these chiefs themselves accountable for their administration, and are not they themselves subject to the laws which it is their business to see carried out?

If the nation cannot alienate its supreme right, can it entrust it to others for a time? Cannot it give itself a master, cannot it find representatives? This is an important question and deserves discussion.

If the nation can have neither sovereign nor representatives we will inquire how it can pa.s.s its own laws; must there be many laws; must they be often altered; is it easy for a great nation to be its own lawgiver?

Was not the Roman people a great nation?

Is it a good thing that there should be great nations?

It follows from considerations already established that there is an intermediate body in the state between subjects and sovereign; and this intermediate body, consisting of one or more members, is entrusted with the public administration, the carrying out of the laws, and the maintenance of civil and political liberty.

The members of this body are called magistrates or kings, that is to say, rulers. This body, as a whole, considered in relation to its members, is called the prince, and considered in its actions it is called the government.

If we consider the action of the whole body upon itself, that is to say, the relation of the whole to the whole, of the sovereign to the state, we can compare this relation to that of the extremes in a proportion of which the government is the middle term. The magistrate receives from the sovereign the commands which he gives to the nation, and when it is reckoned up his product or his power is in the same degree as the product or power of the citizens who are subjects on one side of the proportion and sovereigns on the other. None of the three terms can be varied without at once destroying this proportion. If the sovereign tries to govern, and if the prince wants to make the laws, or if the subject refuses to obey them, disorder takes the place of order, and the state falls to pieces under despotism or anarchy.

Let us suppose that this state consists of ten thousand citizens. The sovereign can only be considered collectively and as a body, but each individual, as a subject, has his private and independent existence. Thus the sovereign is as ten thousand to one; that is to say, every member of the state has, as his own share, only one ten-thousandth part of the sovereign power, although he is subject to the whole. Let the nation be composed of one hundred thousand men, the position of the subjects is unchanged, and each continues to bear the whole weight of the laws, while his vote, reduced to the one hundred-thousandth part, has ten times less influence in the making of the laws. Thus the subject being always one, the sovereign is relatively greater as the number of the citizens is increased. Hence it follows that the larger the state the less liberty.

Now the greater the disproportion between private wishes and the general will, i.e., between manners and laws, the greater must be the power of repression. On the other side, the greatness of the state gives the depositaries of public authority greater temptations and additional means of abusing that authority, so that the more power is required by the government to control the people, the more power should there be in the sovereign to control the government.

From this twofold relation it follows that the continued proportion between the sovereign, the prince, and the people is not an arbitrary idea, but a consequence of the nature of the state. Moreover, it follows that one of the extremes, i.e., the nation, being constant, every time the double ratio increases or decreases, the simple ratio increases or diminishes in its turn; which cannot be unless the middle term is as often changed. From this we may conclude that there is no single absolute form of government, but there must be as many different forms of government as there are states of different size.

If the greater the numbers of the nation the less the ratio between its manners and its laws, by a fairly clear a.n.a.logy, we may also say, the more numerous the magistrates, the weaker the government.

To make this principle clearer we will distinguish three essentially different wills in the person of each magistrate; first, his own will as an individual, which looks to his own advantage only; secondly, the common will of the magistrates, which is concerned only with the advantage of the prince, a will which may be called corporate, and one which is general in relation to the government and particular in relation to the state of which the government forms part; thirdly, the will of the people, or the sovereign will, which is general, as much in relation to the state viewed as the whole as in relation to the government viewed as a part of the whole. In a perfect legislature the private individual will should be almost nothing; the corporate will belonging to the government should be quite subordinate, and therefore the general and sovereign will is the master of all the others. On the other hand, in the natural order, these different wills become more and more active in proportion as they become centralised; the general will is always weak, the corporate will takes the second place, the individual will is preferred to all; so that every one is himself first, then a magistrate, and then a citizen; a series just the opposite of that required by the social order.

Having laid down this principle, let us a.s.sume that the government is in the hands of one man. In this case the individual and the corporate will are absolutely one, and therefore this will has reached the greatest possible degree of intensity. Now the use of power depends on the degree of this intensity, and as the absolute power of the government is always that of the people, and therefore invariable, it follows that the rule of one man is the most active form of government.

If, on the other hand, we unite the government with the supreme power, and make the prince the sovereign and the citizens so many magistrates, then the corporate will is completely lost in the general will, and will have no more activity than the general will, and it will leave the individual will in full vigour. Thus the government, though its absolute force is constant, will have the minimum of activity.

These rules are incontestable in themselves, and other considerations only serve to confirm them. For example, we see the magistrates as a body far more active than the citizens as a body, so that the individual will always counts for more. For each magistrate usually has charge of some particular duty of government; while each citizen, in himself, has no particular duty of sovereignty. Moreover, the greater the state the greater its real power, although its power does not increase because of the increase in territory; but the state remaining unchanged, the magistrates are multiplied in vain, the government acquires no further real strength, because it is the depositary of that of the state, which I have a.s.sumed to be constant. Thus, this plurality of magistrates decreases the activity of the government without increasing its power.

Having found that the power of the government is relaxed in proportion as the number of magistrates is multiplied, and that the more numerous the people, the more the controlling power must be increased, we shall infer that the ratio between the magistrates and the government should be inverse to that between subjects and sovereign, that is to say, that the greater the state, the smaller the government, and that in like manner the number of chiefs should be diminished because of the increased numbers of the people.

In order to make this diversity of forms clearer, and to a.s.sign them their different names, we shall observe in the first place that the sovereign may entrust the care of the government to the whole nation or to the greater part of the nation, so that there are more citizen magistrates than private citizens. This form of government is called Democracy.

Or the sovereign may restrict the government in the hands of a lesser number, so that there are more plain citizens than magistrates; and this form of government is called Aristocracy.

Finally, the sovereign may concentrate the whole government in the hands of one man. This is the third and commonest form of government, and is called Monarchy or royal government.

We shall observe that all these forms, or the first and second at least, may be less or more, and that within tolerably wide limits. For the democracy may include the whole nation, or may be confined to one half of it. The aristocracy, in its turn, may shrink from the half of the nation to the smallest number. Even royalty may be shared, either between father and son, between two brothers, or in some other fashion. There were always two kings in Sparta, and in the Roman empire there were as many as eight emperors at once, and yet it cannot be said that the empire was divided. There is a point where each form of government blends with the next; and under the three specific forms there may be really as many forms of government as there are citizens in the state.

Nor is this all. In certain respects each of these governments is capable of subdivision into different parts, each administered in one of these three ways. From these forms in combination there may arise a mult.i.tude of mixed forms, since each may be multiplied by all the simple forms.

In all ages there have been great disputes as to which is the best form of government, and people have failed to consider that each is the best in some cases and the worst in others. For ourselves, if the number of magistrates [Footnote: You will remember that I mean, in this context, the supreme magistrates or heads of the nation, the others being only their deputies in this or that respect.] in the various states is to be in inverse ratio to the number of the citizens, we infer that generally a democratic government is adapted to small states, an aristocratic government to those of moderate size, and a monarchy to large states.

These inquiries furnish us with a clue by which we may discover what are the duties and rights of citizens, and whether they can be separated one from the other; what is our country, in what does it really consist, and how can each of us ascertain whether he has a country or no?

Having thus considered every kind of civil society in itself, we shall compare them, so as to note their relations one with another; great and small, strong and weak, attacking one another, insulting one another, destroying one another; and in this perpetual action and reaction causing more misery and loss of life than if men had preserved their original freedom. We shall inquire whether too much or too little has not been accomplished in the matter of social inst.i.tutions; whether individuals who are subject to law and to men, while societies preserve the independence of nature, are not exposed to the ills of both conditions without the advantages of either, and whether it would not be better to have no civil society in the world rather than to have many such societies. Is it not that mixed condition which partakes of both and secures neither?

"Per quem neutrum licet, nec tanquam in bello paratum esse, nec tanquam in pace securum."-Seneca De Trang: Animi, cap. I.

Is it not this partial and imperfect a.s.sociation which gives rise to tyranny and war? And are not tyranny and war the worst scourges of humanity?

Finally we will inquire how men seek to get rid of these difficulties by means of leagues and confederations, which leave each state its own master in internal affairs, while they arm it against any unjust aggression. We will inquire how a good federal a.s.sociation may be established, what can make it lasting, and how far the rights of the federation may be stretched without destroying the right of sovereignty.

The Abbe de Saint-Pierre suggested an a.s.sociation of all the states of Europe to maintain perpetual peace among themselves. Is this a.s.sociation practicable, and supposing that it were established, would it be likely to last? These inquiries lead us straight to all the questions of international law which may clear up the remaining difficulties of political law. Finally we shall lay down the real principles of the laws of war, and we shall see why Grotius and others have only stated false principles.

I should not be surprised if my pupil, who is a sensible young man, should interrupt me saying, "One would think we were building our edifice of wood and not of men; we are putting everything so exactly in its place!" That is true; but remember that the law does not bow to the pa.s.sions of men, and that we have first to establish the true principles of political law. Now that our foundations are laid, come and see what men have built upon them; and you will see some strange sights!

Then I set him to read Telemachus, and we pursue our journey; we are seeking that happy Salentum and the good Idomeneus made wise by misfortunes. By the way we find many like Protesilas and no Philocles, neither can Adrastes, King of the Daunians, be found. But let our readers picture our travels for themselves, or take the same journeys with Telemachus in their hand; and let us not suggest to them painful applications which the author himself avoids or makes in spite of himself.

Moreover, Emile is not a king, nor am I a G.o.d, so that we are not distressed that we cannot imitate Telemachus and Mentor in the good they did; none know better than we how to keep to our own place, none have less desire to leave it. We know that the same task is allotted to all; that whoever loves what is right with all his heart, and does the right so far as it is in his power, has fulfilled that task. We know that Telemachus and Mentor are creatures of the imagination. Emile does not travel in idleness and he does more good than if he were a prince. If we were kings we should be no greater benefactors. If we were kings and benefactors we should cause any number of real evils for every apparent good we supposed we were doing. If we were kings and sages, the first good deed we should desire to perform, for ourselves and for others, would be to abdicate our kingship and return to our present position.

I have said why travel does so little for every one. What makes it still more barren for the young is the way in which they are sent on their travels. Tutors, more concerned to amuse than to instruct, take them from town to town, from palace to palace, where if they are men of learning and letters, they make them spend their time in libraries, or visiting antiquaries, or rummaging among old buildings transcribing ancient inscriptions. In every country they are busy over some other century, as if they were living in another country; so that after they have travelled all over Europe at great expense, a prey to frivolity or tedium, they return, having seen nothing to interest them, and having learnt nothing that could be of any possible use to them.

All capitals are just alike, they are a mixture of all nations and all ways of living; they are not the place in which to study the nations. Paris and London seem to me the same town. Their inhabitants have a few prejudices of their own, but each has as many as the other, and all their rules of conduct are the same. We know the kind of people who will throng the court. We know the way of living which the crowds of people and the unequal distribution of wealth will produce. As soon as any one tells me of a town with two hundred thousand people, I know its life already. What I do not know about it is not worth going there to learn.

To study the genius and character of a nation you should go to the more remote provinces, where there is less stir, less commerce, where strangers seldom travel, where the inhabitants stay in one place, where there are fewer changes of wealth and position. Take a look at the capital on your way, but go and study the country far away from that capital. The French are not in Paris, but in Touraine; the English are more English in Mercia than in London, and the Spaniards more Spanish in Galicia than in Madrid. In these remoter provinces a nation a.s.sumes its true character and shows what it really is; there the good or ill effects of the government are best perceived, just as you can measure the arc more exactly at a greater radius.

The necessary relations between character and government have been so clearly pointed out in the book of L'Esprit des Lois, that one cannot do better than have recourse to that work for the study of those relations. But speaking generally, there are two plain and simple standards by which to decide whether governments are good or bad. One is the population. Every country in which the population is decreasing is on its way to ruin; and the countries in which the population increases most rapidly, even were they the poorest countries in the world, are certainly the best governed. [Footnote: I only know one exception to this rule-it is China.] But this population must be the natural result of the government and the national character, for if it is caused by colonisation or any other temporary and accidental cause, then the remedy itself is evidence of the disease. When Augustus pa.s.sed laws against celibacy, those laws showed that the Roman empire was already beginning to decline. Citizens must be induced to marry by the goodness of the government, not compelled to marry by law; you must not examine the effects of force, for the law which strives against the const.i.tution has little or no effect; you should study what is done by the influence of public morals and by the natural inclination of the government, for these alone produce a lasting effect. It was the policy of the worthy Abbe de Saint-Pierre always to look for a little remedy for every individual ill, instead of tracing them to their common source and seeing if they could not all be cured together. You do not need to treat separately every sore on a rich man's body; you should purify the blood which produces them. They say that in England there are prizes for agriculture; that is enough for me; that is proof enough that agriculture will not flourish there much longer.

The second sign of the goodness or badness of the government and the laws is also to be found in the population, but it is to be found not in its numbers but in its distribution. Two states equal in size and population may be very unequal in strength; and the more powerful is always that in which the people are more evenly distributed over its territory; the country which has fewer large towns, and makes less show on this account, will always defeat the other. It is the great towns which exhaust the state and are the cause of its weakness; the wealth which they produce is a sham wealth, there is much money and few goods. They say the town of Paris is worth a whole province to the King of France; for my own part I believe it costs him more than several provinces. I believe that Paris is fed by the provinces in more senses than one, and that the greater part of their revenues is poured into that town and stays there, without ever returning to the people or to the king. It is inconceivable that in this age of calculators there is no one to see that France would be much more powerful if Paris were destroyed. Not only is this ill-distributed population not advantageous to the state, it is more ruinous than depopulation itself, because depopulation only gives as produce nought, and the ill-regulated addition of still more people gives a negative result. When I hear an Englishman and a Frenchman so proud of the size of their capitals, and disputing whether London or Paris has more inhabitants, it seems to me that they are quarrelling as to which nation can claim the honour of being the worst governed.

Study the nation outside its towns; thus only will you really get to know it. It is nothing to see the apparent form of a government, overladen with the machinery of administration and the jargon of the administrators, if you have not also studied its nature as seen in the effects it has upon the people, and in every degree of administration. The difference of form is really shared by every degree of the administration, and it is only by including every degree that you really know the difference. In one country you begin to feel the spirit of the minister in the manoeuvres of his underlings; in another you must see the election of members of parliament to see if the nation is really free; in each and every country, he who has only seen the towns cannot possibly know what the government is like, as its spirit is never the same in town and country. Now it is the agricultural districts which form the country, and the country people who make the nation.

This study of different nations in their remoter provinces, and in the simplicity of their native genius, gives a general result which is very satisfactory, to my thinking, and very consoling to the human heart; it is this: All the nations, if you observe them in this fashion, seem much better worth observing; the nearer they are to nature, the more does kindness hold sway in their character; it is only when they are cooped up in towns, it is only when they are changed by cultivation, that they become depraved, that certain faults which were rather coa.r.s.e than injurious are exchanged for pleasant but pernicious vices.

From this observation we see another advantage in the mode of travel I suggest; for young men, sojourning less in the big towns which are horribly corrupt, are less likely to catch the infection of vice; among simpler people and less numerous company, they will preserve a surer judgment, a healthier taste, and better morals. Besides this contagion of vice is hardly to be feared for Emile; he has everything to protect him from it. Among all the precautions I have taken, I reckon much on the love he bears in his heart.

We do not know the power of true love over youthful desires, because we are ourselves as ignorant of it as they are, and those who have control over the young turn them from true love. Yet a young man must either love or fall into bad ways. It is easy to be deceived by appearances. You will quote any number of young men who are said to live very chastely without love; but show me one grown man, a real man, who can truly say that his youth was thus spent? In all our virtues, all our duties, people are content with appearances; for my own part I want the reality, and I am much mistaken if there is any other way of securing it beyond the means I have suggested.