We Must Always Go Back To A First Convention

The Rules of legitimate or popular government

Rule 1. Follow in everything the general will

This is the most important rule.

This requires to know this will, and to distinguish it from the particular will.

beginning with one’s self: this distinction is always very difficult to make, and only the most sublime virtue can afford sufficient illumination for it.

As, in order to will, it is necessary to be free, a difficulty no less great than the former arises—that of preserving at once the public liberty and the authority of government. Look into the motives which have induced men, once united by their common needs in a general society, to unite themselves still more intimately by means of civil societies: you will find no other motive than that of assuring the property, life and liberty of each member by the protection of all.

But can men be forced to defend the liberty of any one among them, without trespassing on that of others? And how can they provide for the public needs, without alienating the individual property of those who are forced to contribute to them? With whatever sophistry all this may be covered over, it is certain that if any constraint can be laid on my will, I am no longer free, and that I am no longer master of my own property, if any one else can lay a hand on it.

This difficulty, which would have seemed insurmountable, has been removed, like the first, by the most sublime of all human institutions, or rather by a divine inspiration, which teaches mankind to imitate here below the unchangeable decrees of the Deity.

By what inconceivable art has a means been found of making men free by making them subject; of using in the service of the State the properties, the persons and even the lives of all its members, without constraining and without consulting them; of confining their will by their own admission; of overcoming their refusal by that consent, and forcing them to punish themselves, when they act against their own will?

How can it be that all should obey, yet nobody take upon him to command, and that all should serve, and yet have no masters, but be the more free, as, in apparent subjection, each loses no part of his liberty but what might be hurtful; to that of another? These wonders are the work of law.

It is to law alone that men owe justice and liberty. It is this salutary organ of the will of all which establishes, in civil right, the natural equality between men. It is this celestial voice which dictates to each citizen the precepts of public reason, and teaches him to act according to the rules of his own judgment, and not to behave inconsistently with himself. It is with this voice alone that political rulers should speak when they command; for no sooner does one man, setting aside the law, claim to subject another to his private will, than he departs from the state of civil society, and confronts him face to face in the pure state of nature, in which obedience is prescribed solely by necessity.

The most pressing interest of the ruler, and even his most indispensable duty, therefore, is to watch over the observation of the laws of which he is the minister, and on which his whole authority is founded. At the same time, if he exacts the observance of them from others, he is the more strongly bound to observe them himself, since he enjoys all their favour.

For his example is of such force, that even if the people were willing to permit him to release himself from the yoke of the law, he ought to be cautious in availing himself of so dangerous a prerogative, which others might soon claim to usurp in their turn, and often use to his prejudice. At bottom, as all social engagements are mutual in nature, it is impossible for any one to set himself above the law, without renouncing its advantages; for nobody is bound by any obligation to one who claims that he is under no obligations to others.

For this reason no exemption from the law will ever be granted, on any ground whatsoever, in a well-regulated government. Those citizens who have deserved well of their country ought to be rewarded with honours, but never with privileges: for the Republic is at the eve of its fall, when any one can think it fine not to obey the laws. If the nobility or the soldiery should ever adopt such a maxim, all would be lost beyond redemption.

The power of the laws depends still more on their own wisdom than on the severity of their administrators, and the public will derives its greatest weight from the reason which has dictated it. Hence Plato looked upon it as a very necessary precaution to place at the head of all edicts a preamble, setting forth their justice and utility.

In fact, the first of all laws is to respect the laws: the severity of penalties is only a vain resource, invented by little minds in order to substitute terror for that respect which they have no means of obtaining. It has constantly been observed that in those countries where legal punishments are most severe, they are also most frequent; so that the cruelty of such punishments is a proof only of the multitude of criminals, and, punishing everything with equal severity, induces those who are guilty to commit crimes, in order to escape being punished for their faults.

But though the government be not master of the law, it is much to be its guarantor, and to possess a thousand means of inspiring the love of it. In this alone the talent of reigning consists. With force in one’s hands, there is no art required to make the whole world tremble, nor indeed much to gain men’s hearts; for experience has long since taught the people to give its rulers great credit for all the evil they abstain from doing it, and to adore them if they do not absolutely hate it.

A fool, if he be obeyed, may punish crimes as well as another: but the true statesman is he who knows how to prevent them: it is over the wills, even more than the actions, of his subjects that his honourable rule is extended. If he could secure that every one should act aright, he would no longer have anything to do; and the masterpiece of his labours would be to be able to remain unemployed. It is certain, at least, that the greatest talent a ruler can possess is to disguise his power, in order to render it less odious, and to conduct the State so peaceably as to make it seem to have no need of conductors.

I conclude, therefore, that, as the first duty of the legislator is to make the laws conformable to the general will, the first rule of public economy is that the administration of justice should be conformable to the laws. It will even be enough to prevent the State from being ill governed, that the Legislator shall have provided, as he should, for every need of place, climate, soil, custom, neighbourhood, and all the rest of the relations peculiar to the people he had to institute.

Not but what there still remains an infinity of details of administration and economy, which are left to the wisdom of the government: but there are two infallible rules for its good conduct on these occasions; one is, that the spirit of the law ought to decide in every particular case that could not be foreseen; the other is that the general will, the source and supplement of all laws, should be consulted wherever they fail. But how, I shall be asked, can the general will be known in cases in which it has not expressed itself? Must the whole nation be assembled together at every unforeseen event? Certainly not.

It ought the less to be assembled, because it is by no means certain that its decision would be the expression of the general will; besides, the method would be impracticable in a great people, and is hardly ever necessary where the government is well-intentioned: for the rulers well know that the general will is always on the side which is most favourable to the public interest, that is to say, most equitable; so that it is needful only to act justly, to be certain of following the general will. When this is flouted too openly, it makes itself felt, in spite of the formidable restraint of the public authority. I shall cite the nearest possible examples that may be followed in such cases.

In China, it is the constant maxim of the Prince to decide against his officers, in every dispute that arises between them and the people. If bread be too dear in any province, the Intendant of that province is thrown into prison. If there be an insurrection in another, the Governor is dismissed, and every Mandarin answers with his head for all the mischief that happens in his department. Not that these affairs do not subsequently undergo a regular examination; but long experience has caused the judgment to be thus anticipated. There is seldom any injustice to be repaired; in the meantime, the Emperor, being satisfied that public outcry does not arise without cause, always discovers, through the seditious clamours which he punishes, just grievances to redress.

It is a great thing to preserve the rule of peace and order through all the parts of the Republic; it is a great thing that the State should be tranquil, and the law respected: but if nothing more is done, there will be in all this more appearance than reality; for that government which confines itself to mere obedience will find difficulty in getting itself obeyed. If it is good to know how to deal with men as they are, it is much better to make them what there is need that they should be.

The most absolute authority is that which penetrates into a man’s inmost being, and concerns itself no less with his will than with his actions. It is certain that all peoples become in the long run what the government makes them; warriors, citizens, men, when it so pleases; or merely populace and rabble, when it chooses to make them so. Hence every prince who despises his subjects, dishonours himself, in confessing that he does not know how to make them worthy of respect.

Make men, therefore, if you would command men: if you would have them obedient to the laws, make them love the laws, and then they will need only to know what is their duty to do it. This was the great art of ancient governments, in those distant times when philosophers gave laws to men, and made use of their authority only to render them wise and happy. Thence arose the numerous sumptuary laws, the many regulations of morals, and all the public rules of conduct which were admitted or rejected with the greatest care. Even tyrants did not forget this important part of administration, but took as great pains to corrupt the morals of their slaves, as Magistrates took to correct those of their fellow-citizens. But our modern governments, which imagine they have done everything when they have raised money, conceive that it is unnecessary and even impossible to go a step further.