Social Contract Theory

Social contract theory, nearly as old as philosophy itself, is the view that persons’ moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live. Socrates uses something quite like a social contract argument to explain to Crito why he must remain in prison and accept the death penalty. However, social contract theory is rightly associated with modern moral and political theory and is given its first full exposition and defense by Thomas Hobbes. After Hobbes, John Locke and Jean-Jacques Rousseau are the best known proponents of this enormously influential theory, which has been one of the most dominant theories within moral and political theory throughout the history of the modern West. In the twentieth century, moral and political theory regained philosophical momentum as a result of John Rawls’ Kantian version of social contract theory, and was followed by new analyses of the subject by David Gauthier and others. More recently, philosophers from different perspectives have offered new criticisms of social contract theory. In particular, feminists and race-conscious philosophers have argued that social contract theory is at least an incomplete picture of our moral and political lives, and may in fact camouflage some of the ways in which the contract is itself parasitical upon the subjugations of classes of persons.

Socrates’ Argument

In the early Platonic dialogue, Crito, Socrates makes a compelling argument as to why he must stay in prison and accept the death penalty, rather than escape and go into exile in another Greek city. He personifies the Laws of Athens, and, speaking in their voice, explains that he has acquired an overwhelming obligation to obey the Laws because they have made his entire way of life, and even the fact of his very existence, possible. They made it possible for his mother and father to marry, and therefore to have legitimate children, including himself. Having been born, the city of Athens, through its laws, then required that his father care for and educate him. Socrates’ life and the way in which that life has flourished in Athens are each dependent upon the Laws. Importantly, however, this relationship between citizens and the Laws of the city are not coerced. Citizens, once they have grown up, and have seen how the city conducts itself, can choose whether to leave, taking their property with them, or stay. Staying implies an agreement to abide by the Laws and accept the punishments that they mete out. And, having made an agreement that is itself just, Socrates asserts that he must keep to this agreement that he has made and obey the Laws, in this case, by staying and accepting the death penalty. Importantly, the contract described by Socrates is an implicit one: it is implied by his choice to stay in Athens, even though he is free to leave.

In Plato’s most well-known dialogue, Republic, social contract theory is represented again, although this time less favorably. In Book II, Glaucon offers a candidate for an answer to the question “what is justice?” by representing a social contract explanation for the nature of justice. What men would most want is to be able to commit injustices against others without the fear of reprisal, and what they most want to avoid is being treated unjustly by others without being able to do injustice in return. Justice then, he says, is the conventional result of the laws and covenants that men make in order to avoid these extremes. Being unable to commit injustice with impunity (as those who wear the ring of Gyges would), and fearing becoming victims themselves, men decide that it is in their interests to submit themselves to the convention of justice. Socrates rejects this view, and most of the rest of the dialogue centers on showing that justice is worth having for its own sake, and that the just man is the happy man. So, from Socrates’ point of view, justice has a value that greatly exceeds the prudential value that Glaucon assigns to it.

These views, in the Crito and the Republic, might seem at first glance inconsistent: in the former dialogue Socrates uses a social contract type of argument to show why it is just for him to remain in prison, whereas in the latter he rejects social contract as the source of justice. These two views are, however, reconcilable. From Socrates’ point of view, a just man is one who will, among other things, recognize his obligation to the state by obeying its laws. The state is the morally and politically most fundamental entity, and as such deserves our highest allegiance and deepest respect. Just men know this and act accordingly. Justice, however, is more than simply obeying laws in exchange for others obeying them as well. Justice is the state of a well-regulated soul, and so the just man will also necessarily be the happy man. So, justice is more than the simple reciprocal obedience to law, as Glaucon suggests, but it does nonetheless include obedience to the state and the laws that sustain it. So in the end, although Plato is perhaps the first philosopher to offer a representation of the argument at the heart of social contract theory, Socrates ultimately rejects the idea that social contract is the original source of justice.

Modern Social Contract Theory

Thomas Hobbes

Thomas Hobbes, 1588-1679, lived during the most crucial period of early modern England’s history: the English Civil War, waged from 1642-1648. To describe this conflict in the most general of terms, it was a clash between the King and his supporters, the Monarchists, who preferred the traditional authority of a monarch, and the Parliamentarians, most notably led by Oliver Cromwell, who demanded more power for the quasi-democratic institution of Parliament. Hobbes represents a compromise between these two factions. On the one hand he rejects the theory of the Divine Right of Kings, which is most eloquently expressed by Robert Filmer in his Patriarcha or the Natural Power of Kings, (although it would be left to John Locke to refute Filmer directly). Filmer’s view held that a king’s authority was invested in him (or, presumably, her) by God, that such authority was absolute, and therefore that the basis of political obligation lay in our obligation to obey God absolutely. According to this view, then, political obligation is subsumed under religious obligation. On the other hand, Hobbes also rejects the early democratic view, taken up by the Parliamentarians, that power ought to be shared between Parliament and the King. In rejecting both these views, Hobbes occupies the ground of one is who both radical and conservative. He argues, radically for his times, that political authority and obligation are based on the individual self-interests of members of society who are understood to be equal to one another, with no single individual invested with any essential authority to rule over the rest, while at the same time maintaining the conservative position that the monarch, which he called the Sovereign, must be ceded absolute authority if society is to survive.

Hobbes’ political theory is best understood if taken in two parts: his theory of human motivation,Psychological Egoism, and his theory of the social contract, founded on the hypothetical State of Nature. Hobbes has, first and foremost, a particular theory of human nature, which gives rise to a particular view of morality and politics, as developed in his philosophical masterpiece, Leviathan, published in 1651. The Scientific Revolution, with its important new discoveries that the universe could be both described and predicted in accordance with universal laws of nature, greatly influenced Hobbes. He sought to provide a theory of human nature that would parallel the discoveries being made in the sciences of the inanimate universe. His psychological theory is therefore informed by mechanism, the general view that everything in the universe is produced by nothing other than matter in motion. According to Hobbes, this extends to human behavior. Human macro-behavior can be aptly described as the effect of certain kinds of micro-behavior, even though some of this latter behavior is invisible to us. So, such behaviors as walking, talking, and the like are themselves produced by other actions inside of us. And these other actions are themselves caused by the interaction of our bodies with other bodies, human or otherwise, which create in us certain chains of causes and effects, and which eventually give rise to the human behavior that we can plainly observe. We, including all of our actions and choices, are then, according to this view, as explainable in terms of universal laws of nature as are the motions of heavenly bodies. The gradual disintegration of memory, for example, can be explained by inertia. As we are presented with ever more sensory information, the residue of earlier impressions ‘slows down’ over time. From Hobbes’ point of view, we are essentially very complicated organic machines, responding to the stimuli of the world mechanistically and in accordance with universal laws of human nature.

In Hobbes’ view, this mechanistic quality of human psychology implies the subjective nature of normative claims. ‘Love’ and ‘hate’, for instance, are just words we use to describe the things we are drawn to and repelled by, respectively. So, too, the terms ‘good’ and ‘bad’ have no meaning other than to describe our appetites and aversions. Moral terms do not, therefore, describe some objective state of affairs, but are rather reflections of individual tastes and preferences.

In addition to Subjectivism, Hobbes also infers from his mechanistic theory of human nature that humans are necessarily and exclusively self-interested. All men pursue only what they perceive to be in their own individually considered best interests – they respond mechanistically by being drawn to that which they desire and repelled by that to which they are averse. This is a universal claim: it is meant to cover all human actions under all circumstances – in society or out of it, with regard to strangers and friends alike, with regard to small ends and the most generalized of human desires, such as the desire for power and status. Everything we do is motivated solely by the desire to better our own situations, and satisfy as many of our own, individually considered desires as possible. We are infinitely appetitive and only genuinely concerned with our own selves. According to Hobbes, even the reason that adults care for small children can be explicated in terms of the adults’ own self-interest (he claims that in saving an infant by caring for it, we become the recipient of a strong sense of obligation in one who has been helped to survive rather than allowed to die).

In addition to being exclusively self-interested, Hobbes also argues that human beings are reasonable. They have in them the rational capacity to pursue their desires as efficiently and maximally as possible. Their reason does not, given the subjective nature of value, evaluate their given ends, rather it merely acts as “Scouts, and Spies, to range abroad, and find the way to the things Desired” (139). Rationality is purely instrumental. It can add and subtract, and compare sums one to another, and thereby endows us with the capacity to formulate the best means to whatever ends we might happen to have.

From these premises of human nature, Hobbes goes on to construct a provocative and compelling argument for why we ought to be willing to submit ourselves to political authority. He does this by imagining persons in a situation prior to the establishment of society, the State of Nature.

According to Hobbes, the justification for political obligation is this: given that men are naturally self-interested, yet they are rational, they will choose to submit to the authority of a Sovereign in order to be able to live in a civil society, which is conducive to their own interests. Hobbes argues for this by imagining men in their natural state, or in other words, the State of Nature. In the State of Nature, which is purely hypothetical according to Hobbes, men are naturally and exclusively self-interested, they are more or less equal to one another, (even the strongest man can be killed in his sleep), there are limited resources, and yet there is no power able to force men to cooperate. Given these conditions in the State of Nature, Hobbes concludes that the State of Nature would be unbearably brutal. In the State of Nature, every person is always in fear of losing his life to another. They have no capacity to ensure the long-term satisfaction of their needs or desires. No long-term or complex cooperation is possible because the State of Nature can be aptly described as a state of utter distrust. Given Hobbes’ reasonable assumption that most people want first and foremost to avoid their own deaths, he concludes that the State of Nature is the worst possible situation in which men can find themselves. It is the state of perpetual and unavoidable war.

The situation is not, however, hopeless. Because men are reasonable, they can see their way out of such a state by recognizing the laws of nature, which show them the means by which to escape the State of Nature and create a civil society. The first and most important law of nature commands that each man be willing to pursue peace when others are willing to do the same, all the while retaining the right to continue to pursue war when others do not pursue peace. Being reasonable, and recognizing the rationality of this basic precept of reason, men can be expected to construct a Social Contract that will afford them a life other than that available to them in the State of Nature. This contract is constituted by two distinguishable contracts. First, they must agree to establish society by collectively and reciprocally renouncing the rights they had against one another in the State of Nature. Second, they must imbue some one person or assembly of persons with the authority and power to enforce the initial contract. In other words, to ensure their escape from the State of Nature, they must both agree to live together under common laws, and create an enforcement mechanism for the social contract and the laws that constitute it. Since the sovereign is invested with the authority and power to mete out punishments for breaches of the contract which are worse than not being able to act as one pleases, men have good, albeit self-interested, reason to adjust themselves to the artifice of morality in general, and justice in particular. Society becomes possible because, whereas in the State of Nature there was no power able to “overawe them all”, now there is an artificially and conventionally superior and more powerful person who can force men to cooperate. While living under the authority of a Sovereign can be harsh (Hobbes argues that because men’s passions can be expected to overwhelm their reason, the Sovereign must have absolute authority in order for the contract to be successful) it is at least better than living in the State of Nature. And, no matter how much we may object to how poorly a Sovereign manages the affairs of the state and regulates our own lives, we are never justified in resisting his power because it is the only thing which stands between us and what we most want to avoid, the State of Nature.

According to this argument, morality, politics, society, and everything that comes along with it, all of which Hobbes calls ‘commodious living’ are purely conventional. Prior to the establishment of the basic social contract, according to which men agree to live together and the contract to embody a Sovereign with absolute authority, nothing is immoral or unjust – anything goes. After these contracts are established, however, then society becomes possible, and people can be expected to keep their promises, cooperate with one another, and so on. The Social Contract is the most fundamental source of all that is good and that which we depend upon to live well. Our choice is either to abide by the terms of the contract, or return to the State of Nature, which Hobbes argues no reasonable person could possibly prefer.

Given his rather severe view of human nature, Hobbes nonetheless manages to create an argument that makes civil society, along with all its advantages, possible. Within the context of the political events of his England, he also managed to argue for a continuation of the traditional form of authority that his society had long since enjoyed, while nonetheless placing it on what he saw as a far more acceptable foundation.

John Locke

For Hobbes, the necessity of an absolute authority, in the form of a Sovereign, followed from the utter brutality of the State of Nature. The State of Nature was completely intolerable, and so rational men would be willing to submit themselves even to absolute authority in order to escape it. For John Locke, 1632-1704, the State of Nature is a very different type of place, and so his argument concerning the social contract and the nature of men’s relationship to authority are consequently quite different. While Locke uses Hobbes’ methodological device of the State of Nature, as do virtually all social contract theorists, he uses it to a quite different end. Locke’s arguments for the social contract, and for the right of citizens to revolt against their king were enormously influential on the democratic revolutions that followed, especially on Thomas Jefferson, and the founders of the United States.

Locke’s most important and influential political writings are contained in his Two Treatises on Government. The first treatise is concerned almost exclusively with refuting the argument of Robert Filmer’s Patriarcha, that political authority was derived from religious authority, also known by the description of the Divine Right of Kings, which was a very dominant theory in seventeenth-century England. The second treatise contains Locke’s own constructive view of the aims and justification for civil government, and is titled “An Essay Concerning the True Original Extent and End of Civil Government”.

According to Locke, the State of Nature, the natural condition of mankind, is a state of perfect and complete liberty to conduct one’s life as one best sees fit, free from the interference of others. This does not mean, however, that it is a state of license: one is not free to do anything at all one pleases, or even anything that one judges to be in one’s interest. The State of Nature, although a state wherein there is no civil authority or government to punish people for transgressions against laws, is not a state without morality. The State of Nature is pre-political, but it is not pre-moral. Persons are assumed to be equal to one another in such a state, and therefore equally capable of discovering and being bound by the Law of Nature. The Law of Nature, which is on Locke’s view the basis of all morality, and given to us by God, commands that we not harm others with regards to their “life, health, liberty, or possessions” (par. 6). Because we all belong equally to God, and because we cannot take away that which is rightfully His, we are prohibited from harming one another. So, the State of Nature is a state of liberty where persons are free to pursue their own interests and plans, free from interference, and, because of the Law of Nature and the restrictions that it imposes upon persons, it is relatively peaceful.

The State of Nature therefore, is not the same as the state of war, as it is according to Hobbes. It can, however devolve into a state of war, in particular, a state of war over property disputes. Whereas the State of Nature is the state of liberty where persons recognize the Law of Nature and therefore do not harm one another, the state of war begins between two or more men once one man declares war on another, by stealing from him, or by trying to make him his slave. Since in the State of Nature there is no civil power to whom men can appeal, and since the Law of Nature allows them to defend their own lives, they may then kill those who would bring force against them. Since the State of Nature lacks civil authority, once war begins it is likely to continue. And this is one of the strongest reasons that men have to abandon the State of Nature by contracting together to form civil government.

Property plays an essential role in Locke’s argument for civil government and the contract that establishes it. According to Locke, private property is created when a person mixes his labor with the raw materials of nature. So, for example, when one tills a piece of land in nature, and makes it into a piece of farmland, which produces food, then one has a claim to own that piece of land and the food produced upon it. (This led Locke to conclude that America didn’t really belong to the natives who lived there, because they were, on his view, failing to utilize the basic material of nature. In other words, they didn’t farm it, so they had no legitimate claim to it, and others could therefore justifiably appropriate it.) Given the implications of the Law of Nature, there are limits as to how much property one can own: one is not allowed to take so more from nature than oneself can use, thereby leaving others without enough for themselves. Because nature is given to all of mankind by God for its common subsistence, one cannot take more than his own fair share. Property is the linchpin of Locke’s argument for the social contract and civil government because it is the protection of their property, including their property in their own bodies, that men seek when they decide to abandon the State of Nature.

According to Locke, the State of Nature is not a condition of individuals, as it is for Hobbes. Rather, it is populated by mothers and fathers with their children, or families – what he calls “conjugal society” (par. 78). These societies are based on the voluntary agreements to care for children together, and they are moral but not political. Political society comes into being when individual men, representing their families, come together in the State of Nature and agree to each give up the executive power to punish those who transgress the Law of Nature, and hand over that power to the public power of a government. Having done this, they then become subject to the will of the majority. In other words, by making a compact to leave the State of Nature and form society, they make “one body politic under one government” (par. 97) and submit themselves to the will of that body. One joins such a body, either from its beginnings, or after it has already been established by others, only by explicit consent. Having created a political society and government through their consent, men then gain three things which they lacked in the State of Nature: laws, judges to adjudicate laws, and the executive power necessary to enforce these laws. Each man therefore gives over the power to protect himself and punish transgressors of the Law of Nature to the government that he has created through the compact.

Given that the end of “men’s uniting into common-wealths”( par. 124) is the preservation of their wealth, and preserving their lives, liberty, and well-being in general, Locke can easily imagine the conditions under which the compact with government is destroyed, and men are justified in resisting the authority of a civil government, such as a King. When the executive power of a government devolves into tyranny, such as by dissolving the legislature and therefore denying the people the ability to make laws for their own preservation, then the resulting tyrant puts himself into a State of Nature, and specifically into a state of war with the people, and they then have the same right to self-defense as they had before making a compact to establish society in the first place. In other words, the justification of the authority of the executive component of government is the protection of the people’s property and well-being, so when such protection is no longer present, or when the king becomes a tyrant and acts against the interests of the people, they have a right, if not an outright obligation, to resist his authority. The social compact can be dissolved and the process to create political society begun anew.

Because Locke did not envision the State of Nature as grimly as did Hobbes, he can imagine conditions under which one would be better off rejecting a particular civil government and returning to the State of Nature, with the aim of constructing a better civil government in its place. It is therefore both the view of human nature, and the nature of morality itself, which account for the differences between Hobbes’ and Locke’s views of the social contract.

Jean-Jacques Rousseau

Jean-Jacques Rousseau, 1712-1778, lived and wrote during what was arguably the headiest period in the intellectual history of modern France–the Enlightenment. He was one of the bright lights of that intellectual movement, contributing articles to the Encyclopdie of Diderot, and participating in the salons in Paris, where the great intellectual questions of his day were pursued.

Rousseau has two distinct social contract theories. The first is found in his essay, Discourse on the Origin and Foundations of Inequality Among Men, commonly referred to as the Second Discourse, and is an account of the moral and political evolution of human beings over time, from a State of Nature to modern society. As such it contains his naturalized account of the social contract, which he sees as very problematic. The second is his normative, or idealized theory of the social contract, and is meant to provide the means by which to alleviate the problems that modern society has created for us, as laid out in the Second Discourse.

Rousseau wrote his Second Discourse in response to an essay contest sponsored by the Academy of Dijon. (Rousseau had previously won the same essay contest with an earlier essay, commonly referred to as the First Discourse.) In it he describes the historical process by which man began in a State of Nature and over time ‘progressed’ into civil society. According to Rousseau, the State of Nature was a peaceful and quixotic time. People lived solitary, uncomplicated lives. Their few needs were easily satisfied by nature. Because of the abundance of nature and the small size of the population, competition was non-existent, and persons rarely even saw one another, much less had reason for conflict or fear. Moreover, these simple, morally pure persons were naturally endowed with the capacity for pity, and therefore were not inclined to bring harm to one another.

As time passed, however, humanity faced certain changes. As the overall population increased, the means by which people could satisfy their needs had to change. People slowly began to live together in small families, and then in small communities. Divisions of labor were introduced, both within and between families, and discoveries and inventions made life easier, giving rise to leisure time. Such leisure time inevitably led people to make comparisons between themselves and others, resulting in public values, leading to shame and envy, pride and contempt. Most importantly however, according to Rousseau, was the invention of private property, which constituted the pivotal moment in humanity’s evolution out of a simple, pure state into one characterized by greed, competition, vanity, inequality, and vice. For Rousseau the invention of property constitutes humanity’s ‘fall from grace’ out of the State of Nature.

Having introduced private property, initial conditions of inequality became more pronounced. Some have property and others are forced to work for them, and the development of social classes begins. Eventually, those who have property notice that it would be in their interests to create a government that would protect private property from those who do not have it but can see that they might be able to acquire it by force. So, government gets established, through a contract, which purports to guarantee equality and protection for all, even though its true purpose is to fossilize the very inequalities that private property has produced. In other words, the contract, which claims to be in the interests of everyone equally, is really in the interests of the few who have become stronger and richer as a result of the developments of private property. This is the naturalized social contract, which Rousseau views as responsible for the conflict and competition from which modern society suffers.

The normative social contract, argued for by Rousseau in The Social Contract (1762), is meant to respond to this sorry state of affairs and to remedy the social and moral ills that have been produced by the development of society. The distinction between history and justification, between the factual situation of mankind and how it ought to live together, is of the utmost importance to Rousseau. While we ought not to ignore history, nor ignore the causes of the problems we face, we must resolve those problems through our capacity to choose how we ought to live. Might never makes right, despite how often it pretends that it can.

The Social Contract begins with the most oft-quoted line from Rousseau: “Man was born free, and he is everywhere in chains” (49). This claim is the conceptual bridge between the descriptive work of the Second Discourse, and the prescriptive work that is to come. Humans are essentially free, and were free in the State of Nature, but the ‘progress’ of civilization has substituted subservience to others for that freedom, through dependence, economic and social inequalities, and the extent to which we judge ourselves through comparisons with others. Since a return to the State of Nature is neither feasible nor desirable, the purpose of politics is to restore freedom to us, thereby reconciling who we truly and essentially are with how we live together. So, this is the fundamental philosophical problem that The Social Contract seeks to address: how can we be free and live together? Or, put another way, how can we live together without succumbing to the force and coercion of others? We can do so, Rousseau maintains, by submitting our individual, particular wills to the collective or general will, created through agreement with other free and equal persons. Like Hobbes and Locke before him, and in contrast to the ancient philosophers, all men are made by nature to be equals, therefore no one has a natural right to govern others, and therefore the only justified authority is the authority that is generated out of agreements or covenants.

The most basic covenant, the social pact, is the agreement to come together and form a people, a collectivity, which by definition is more than and different from a mere aggregation of individual interests and wills. This act, where individual persons become a people is “the real foundation of society” (59). Through the collective renunciation of the individual rights and freedom that one has in the State of Nature, and the transfer of these rights to the collective body, a new ‘person’, as it were, is formed. The sovereign is thus formed when free and equal persons come together and agree to create themselves anew as a single body, directed to the good of all considered together. So, just as individual wills are directed towards individual interests, the general will, once formed, is directed towards the common good, understood and agreed to collectively. Included in this version of the social contract is the idea of reciprocated duties: the sovereign is committed to the good of the individuals who constitute it, and each individual is likewise committed to the good of the whole. Given this, individuals cannot be given liberty to decide whether it is in their own interests to fulfill their duties to the Sovereign, while at the same time being allowed to reap the benefits of citizenship. They must be made to conform themselves to the general will, they must be “forced to be free” (64).

For Rousseau, this implies an extremely strong and direct form of democracy. One cannot transfer one’s will to another, to do with as he or she sees fit, as one does in representative democracies. Rather, the general will depends on the coming together periodically of the entire democratic body, each and every citizen, to decide collectively, and with at least near unanimity, how to live together, i.e., what laws to enact. As it is constituted only by individual wills, these private, individual wills must assemble themselves regularly if the general will is to continue. One implication of this is that the strong form of democracy which is consistent with the general will is also only possible in relatively small states. The people must be able to identify with one another, and at least know who each other are. They cannot live in a large area, too spread out to come together regularly, and they cannot live in such different geographic circumstances as to be unable to be united under common laws. (Could the present-day U.S. satisfy Rousseau’s conception of democracy? It could not. ) Although the conditions for true democracy are stringent, they are also the only means by which we can, according to Rousseau, save ourselves, and regain the freedom to which we are naturally entitled.

Rousseau’s social contract theories together form a single, consistent view of our moral and political situation. We are endowed with freedom and equality by nature, but our nature has been corrupted by our contingent social history. We can overcome this corruption, however, by invoking our free will to reconstitute ourselves politically, along strongly democratic principles, which is good for us, both individually and collectively.

More Recent Social Contract Theories

John Rawls’ A Theory of Justice

In 1972, the publication of John Rawls‘ extremely influential A Theory of Justice brought moral and political philosophy back from what had been a long hiatus of philosophical consideration. Rawls’ theory relies on a Kantian understanding of persons and their capacities. For Rawls, as for Kant, persons have the capacity to reason from a universal point of view, which in turn means that they have the particular moral capacity of judging principles from an impartial standpoint. In A Theory of Justice, Rawls argues that the moral and political point of view is discovered via impartiality. (It is important to note that this view, delineated in A Theory of Justice, has undergone substantial revisions by Rawls, and that he described his later view as “political liberalism”.) He invokes this point of view (the general view that Thomas Nagel describes as “the view from nowhere”) by imagining persons in a hypothetical situation, the Original Position, which is characterized by the epistemological limitation of the Veil of Ignorance. Rawls’ original position is his highly abstracted version of the State of Nature. It is the position from which we can discover the nature of justice and what it requires of us as individual persons and of the social institutions through which we will live together cooperatively. In the original position, behind the veil of ignorance, one is denied any particular knowledge of one’s circumstances, such as one’s gender, race, particular talents or disabilities, one’s age, social status, one’s particular conception of what makes for a good life, or the particular state of the society in which one lives. Persons are also assumed to be rational and disinterested in one another’s well-being. These are the conditions under which, Rawls argues, one can choose principles for a just society which are themselves chosen from initial conditions that are inherently fair. Because no one has any of the particular knowledge he or she could use to develop principles that favor his or her own particular circumstances, in other words the knowledge that makes for and sustains prejudices, the principles chosen from such a perspective are necessarily fair. For example, if one does not know whether one is female or male in the society for which one must choose basic principles of justice, it makes no sense, from the point of view of self-interested rationality, to endorse a principle that favors one sex at the expense of another, since, once the veil of ignorance is lifted, one might find oneself on the losing end of such a principle. Hence Rawls describes his theory as “justice as fairness.” Because the conditions under which the principles of justice are discovered are basically fair, justice proceeds out of fairness.

In such a position, behind such a veil, everyone is in the same situation, and everyone is presumed to be equally rational. Since everyone adopts the same method for choosing the basic principles for society, everyone will occupy the same standpoint: that of the disembodied, rational, universal human. Therefore all who consider justice from the point of view of the original position would agree upon the same principles of justice generated out of such a thought experiment. Any one person would reach the same conclusion as any other person concerning the most basic principles that must regulate a just society.

The principles that persons in the Original Position, behind the Veil of Ignorance, would choose to regulate a society at the most basic level (that is, prior even to a Constitution) are called by Rawls, aptly enough, the Two Principles of Justice. These two principles determine the distribution of both civil liberties and social and economic goods. The first principle states that each person in a society is to have as much basic liberty as possible, as long as everyone is granted the same liberties. That is, there is to be as much civil liberty as possible as long as these goods are distributed equally. (This would, for example, preclude a scenario under which there was a greater aggregate of civil liberties than under an alternative scenario, but under which such liberties were not distributed equally amongst citizens.) The second principle states that while social and economic inequalities can be just, they must be available to everyone equally (that is, no one is to be on principle denied access to greater economic advantage) and such inequalities must be to the advantage of everyone. This means that economic inequalities are only justified when the least advantaged member of society is nonetheless better off than she would be under alternative arrangements. So, only if a rising tide truly does carry all boats upward, can economic inequalities be allowed for in a just society. The method of the original position supports this second principle, referred to as the Difference Principle, because when we are behind the veil of ignorance, and therefore do not know what our situation in society will be once the veil of ignorance is lifted, we will only accept principles that will be to our advantage even if we end up in the least advantaged position in society.

These two principles are related to each other by a specific order. The first principle, distributing civil liberties as widely as possible consistent with equality, is prior to the second principle, which distributes social and economic goods. In other words, we cannot decide to forgo some of our civil liberties in favor of greater economic advantage. Rather, we must satisfy the demands of the first principle, before we move on to the second. From Rawls’ point of view, this serial ordering of the principles expresses a basic rational preference for certain kinds of goods, i.e., those embodied in civil liberties, over other kinds of goods, i.e., economic advantage.

Having argued that any rational person inhabiting the original position and placing him or herself behind the veil of ignorance can discover the two principles of justice, Rawls has constructed what is perhaps the most abstract version of a social contract theory. It is highly abstract because rather than demonstrating that we would or even have signed to a contract to establish society, it instead shows us what we must be willing to accept as rational persons in order to be constrained by justice and therefore capable of living in a well ordered society. The principles of justice are more fundamental than the social contract as it has traditionally been conceived. Rather, the principles of justice constrain that contract, and set out the limits of how we can construct society in the first place. If we consider, for example, a constitution as the concrete expression of the social contract, Rawls’ two principles of justice delineate what such a constitution can and cannot require of us. Rawls’ theory of justice constitutes, then, the Kantian limits upon the forms of political and social organization that are permissible within a just society.

David Gauthier

In his 1986 book, Morals by Agreement, David Gauthier set out to renew Hobbesian moral and political philosophy. In that book, he makes a strong argument that Hobbes was right: we can understand both politics and morality as founded upon an agreement between exclusively self-interested yet rational persons. He improves upon Hobbes’ argument, however, by showing that we can establish morality without the external enforcement mechanism of the Sovereign. Hobbes argued that men’s passions were so strong as to make cooperation between them always in danger of breaking down, and thus that a Sovereign was necessary to force compliance. Gauthier, however, believes that rationality alone convinces persons not only to agree to cooperate, but to stick to their agreements as well.

We should understand ourselves as individual Robinson Crusoes, each living on our own island, lucky or unlucky in terms of our talents and the natural provisions of our islands, but able to enter into negotiations and deals with one another to trade goods and services with one another. Entering into such agreements is to our own advantage, and so rationality convinces us to both make such agreements and stick to them as well.

Gauthier has an advantage over Hobbes when it comes to developing the argument that cooperation between purely self-interested agents is possible. He has access to rational choice theory and its sophisticated methodology for showing how such cooperation can arise. In particular, he appeals to the model of the Prisoner’s Dilemma to show that self-interest can be consistent with acting cooperatively. (There is a reasonable argument to be made that we can find in Hobbes a primitive version of the problem of the Prisoner’s Dilemma.)

According to the story of the Prisoner’s Dilemma, two people have been brought in for questioning, conducted separately, about a crime they are suspected to have committed. The police have solid evidence of a lesser crime that they committed, but need confessions in order to convict them on more serious charges. Each prisoner is told that if she cooperates with the police by informing on the other prisoner, then she will be rewarded by receiving a relatively light sentence of one year in prison, whereas her cohort will go to prison for ten years. If they both remain silent, then there will be no such rewards, and they can each expect to receive moderate sentences of two years. And if they both cooperate with police by informing on each other, then the police will have enough to send each to prison for five years. The dilemma then is this: in order to serve her own interests as well as possible, each prisoner reasons that no matter what the other does she is better off cooperating with the police by confessing. Each reasons: “If she confesses, then I should confess, thereby being sentenced to five years instead of ten. And if she does not confess, then I should confess, thereby being sentenced to one year instead of two. So, no matter what she does, I should confess.” The problem is that when each reason this way, they each confess, and each goes to prison for five years. However, had they each remained silent, thereby cooperating with each other rather than with the police, they would have spent only two years in prison.

According to Gauthier, the important lesson of the Prisoner’s Dilemma is that when one is engaged in interaction such that others’ actions can affect one’s own interests, and vice versa, one does better if one acts cooperatively. By acting to further the interests of the other, one serves one’s own interests as well. We should, therefore, insofar as we are rational, develop within ourselves the dispositions to constrain ourselves when interacting with others. We should become “constrained maximizers” (CMs) rather remain the “straightforward maximizers” (SMs) that we would be in a State of Nature (167).

Both SMs and CMs are exclusively self-interested and rational, but they differ with regard to whether they take into account only strategies, or both the strategies and utilities, of whose with whom they interact. To take into account the others’ strategies is to act in accordance with how you expect the others will act. To take into account their utilities is to consider how they will fare as a result of your action and to allow that to affect your own actions. Both SMs and CMs take into account the strategies of the other with whom they interact. But whereas SMs do not take into account the utilities of those with whom they interact, CMs do. And, whereas CMs are afforded the benefits of cooperation with others, SMs are denied such advantage. According to Gauthier, when interacting in Prisoner’s Dilemma-like situations, where the actions of others can affect one’s own outcome, and vice versa, rationality shows that one’s own interest is best pursued by being cooperative, and therefore agents rationally dispose themselves to the constrain the maximization of their own utility by adopting principles of morality. According to Gauthier, rationality is a force strong enough to give persons internal reasons to cooperate. They do not, therefore, need Hobbes’ Sovereign with absolute authority to sustain their cooperation. The enforcement mechanism has been internalized. “Morals by agreement” are therefore created out of the rationality of exclusively self-interested agents.

Contemporary Critiques of Social Contract Theory

Given the longstanding and widespread influence that social contract theory has had, it comes as no surprise that it is also the objects of many critiques from a variety of philosophical perspectives. Feminists and race-conscious philosophers, in particular, have made important arguments concerning the substance and viability of social contract theory.

Feminist Arguments

For the most part, feminism resists any simple or universal definition. In general though, feminists take women’s experiences seriously, as well as the impact that theories and practices have for women’s lives. Given the pervasive influence of contract theory on social, political, and moral philosophy, then, it is not surprising that feminists should have a great deal to say about whether contract theory is adequate or appropriate from the point of view of taking women seriously. To survey all of the feminist responses to social contract theory would carry us well beyond the boundaries of the present article. I will concentrate therefore on just three of those arguments: Carole Pateman’s argument about the relation between the contract and women’s subordination to men, feminist arguments concerning the nature of the liberal individual, and the care argument.

The Sexual Contract

Carole Pateman’s 1988 book, The Sexual Contract, argues that lying beneath the myth of the idealized contract, as described by Hobbes, Locke, and Rousseau, is a more fundamental contract concerning men’s relationship to women. Contract theory represents itself as being opposed to patriarchy and patriarchal right. (Locke’s social contract, for example, is set by him in stark contrast to the work of Robert Filmer who argued in favor of patriarchal power.) Yet the “original pact” (2) that precedes the social contract entered into by equals is the agreement by men to dominate and control women. This ‘original pact’ is made by brothers, literally or metaphorically, who, after overthrowing the rule of the father, then agree to share their domination of the women who were previously under the exclusive control of one man, the father. The change from “classical patriarchalism” (24) to modern patriarchy is a shift, then, in who has power over women. It is not, however, a fundamental change in whether women are dominated by men. Men’s relationships of power to one another change, but women’s relationship to men’s power does not. Modern patriarchy is characterized by a contractual relationship between men, and part of that contract involves power over women. This fact, that one form of patriarchy was not overthrown completely, but rather was replaced with a different form, in which male power was distributed amongst more men, rather than held by one man, is illustrated by Freud’s story of the genesis of civilization. According to that story, a band of brothers, lorded over by a father who maintained exclusive sexual access to the women of the tribe, kill the father, and then establish a contract among themselves to be equal and to share the women. This is the story, whether we understand Freud’s tale to be historically accurate or not, of modern patriarchy and its deep dependence on contract as the means by which men control and dominate women.

Patriarchal control of women is found in at least three paradigmatic contemporary contracts: the marriage contract, the prostitution contract, and the contract for surrogate motherhood. Each of these contracts is concerned with men’s control of women, or a particular man’s control of a particular woman generalized. According to the terms of the marriage contract, in most states in the U.S., a husband is accorded the right to sexual access, prohibiting the legal category of marital rape. Prostitution is a case in point of Pateman’s claim that modern patriarchy requires equal access by men to women, in particular sexual access, access to their bodies. And surrogate motherhood can be understood as more of the same, although in terms of access to women’s reproductive capacities. All these examples demonstrate that contract is the means by which women are dominated and controlled. Contract is not the path to freedom and equality. Rather, it is one means, perhaps the most fundamental means, by which patriarchy is upheld.

The Nature of the Liberal Individual

Following Pateman’s argument, a number of feminists have also called into question the very nature of the person at the heart of contract theory. The Liberal Individual, the contractor, is represented by the Hobbesian man, Locke’s proprietor, Rousseau’s “Noble Savage,” Rawls’s person in the original position, and Gauthier’s Robinson Crusoe. The liberal individual is purported to be universal: raceless, sexless, classless, disembodied, and is taken to represent an abstract, generalized model of humanity writ large. Many philosophers have argued, however, that when we look more closely at the characteristics of the liberal individual, what we find is not a representation of universal humanity, but a historically located, specific type of person. C.B. Macpherson, for example, has argued that Hobbesian man is, in particular, a bourgeois man, with the characteristics we would expect of a person during the nascent capitalism that characterized early modern Europe. Feminists have also argued that the liberal individual is a particular, historical, and embodied person. (As have race-conscious philosophers, such as Charles Mills, to be discussed below.) More specifically, they have argued that the person at the heart of liberal theory, and the social contract, is gendered. Christine Di Stefano, in her 1991 book Configurations of Masculinity, shows that a number of historically important modern philosophers can be understood to develop their theories from within the perspective of masculinity, as conceived of in the modern period. She argues that Hobbes’s conception of the liberal individual, which laid the groundwork for the dominant modern conception of the person, is particularly masculine in that it is conceived as atomistic and solitary and as not owing any of its qualities, or even its very existence, to any other person, in particular its mother. Hobbes’s human, is therefore, radically individual, in a way that is specifically owing to the character of modern masculinity. Virginia Held, in her 1993 book, Feminist Morality, argues that social contract theory implicitly relies on a conception of the person that can be best described as “economic man.” “Economic man” is concerned first and foremost to maximize his own, individually considered interests, and he enters into contracts as a means by which to achieve this end. “Economic man”, however, fails to represent all persons in all times and places. In particular, it fails to adequately represent children and those who provide them with the care they require, who have historically been women. The model of “economic man” cannot, therefore, fairly claim to be a general representation of all persons. Similarly, Annette Baier argues that Gauthier’s conception of the liberal individual who enters into the social contract as a means by which to maximize his own individually considered interests is gendered in that it does not take seriously the position of either children or the women who most usually are responsible for caring for those children.

Arguing from Care

Theorizing from within the emerging tradition of care ethics, feminist philosophers such as Baier and Held argue that social contract theory fails as an adequate account of our moral or political obligations. Social contract theory, in general, only goes so far as to delineate our rights and obligations. But this may not be enough to adequately reveal the full extent of what it means to be a moral person, and how fully to respond to others with whom one interacts through relations of dependence. Baier argues that Gauthier, who conceives of affective bonds between persons as non-essential and voluntary, therefore fails to represent the fullness of human psychology and motivations. She argues that this therefore leads to a crucial flaw in social contract theory. Liberal moral theory is in fact parasitic upon the very relations between persons from which it seeks to liberate us. While Gauthier argues that we are freer the more that we can see affective relations as voluntary, we must nonetheless, in the first place, be in such relationships (e.g., the mother-child relationship) in order to develop the very capacities and qualities lauded by liberal theory. Certain kinds of relationships of dependence, in other words, are necessary in the first place if we are to become the very kinds of persons who are capable of entering into contracts and agreements. In a similar vein, Held has argued that the model of “economic man” fails to capture much of what constitutes meaningful moral relations between people. Understanding human relations in purely contractual terms constitutes, according to her argument “an impoverished view of human aspiration” (194). She therefore suggests that we consider other models of human relationships when looking for insight into morality. In particular, she offers up the paradigm of the mother-child relationship to at least supplement the model of individual self-interested agents negotiating with one another through contracts. Such a model is more likely to match up with many of the moral experiences of most people, especially women.

Feminist critiques of the contractarian approaches to our collective moral and political lives continue to reverberate through social and political philosophy. One such critique, that of Carole Pateman, has influenced philosophers writing outside of feminist traditions.

Race-Conscious Argument

Charles Mills’ 1997 book, The Racial Contract, is a critique not only of the history of Western political thought, institutions, and practices, but, more specifically, of the history of social contract theory. It is inspired by Carole Pateman’s The Sexual Contract, and seeks to show that non-whites have a similar relationship to the social contract as do women. As such, it also calls into question the supposed universality of the liberal individual who is the agent of contract theory.

Mills’ central argument is that there exists a ‘racial contract’ that is even more fundamental to Western society than the social contract. This racial contract determines in the first place who counts as full moral and political persons, and therefore sets the parameters of who can ‘contract in’ to the freedom and equality that the social contract promises. Some persons, in particular white men, are full persons according to the racial contract. As such they are accorded the right to enter into the social contract, and into particular legal contracts. They are seen as fully human and therefore as deserving of equality and freedom. Their status as full persons accords them greater social power. In particular, it accords them the power to make contracts, to be the subjects of the contract, whereas other persons are denied such privilege and are relegated to the status of objects of contracts.

This racial contract is to some extent a meta-contract, which determines the bounds of personhood and parameters of inclusion and exclusion in all the other contracts that come after it. It manifests itself both formally and informally. It is an agreement, originally among European men in the beginning of the modern period, to identify themselves as ‘white’ and therefore as fully human, and to identify all others, in particular the natives with whom they were beginning to come into contact, as ‘other’: non-white and therefore not fully human. So, race is not just a social construct, as others have argued, it is more especially a political construct, created to serve a particular political end, and the political purposes of a specific group. The contract allows some persons to treat other persons, as well as the lands they inhabit, as resources to be exploited. The enslavement of millions of Africans and the appropriation of the Americas from those who inhabited them, are examples of this racial contract at work in history (such as Locke’s claim that Native Americans did not own the land they lived on because they did not farm it and therefore did not own it). This contract is not hypothetical, as Hobbes describes the one argued for in hisLeviathan. This is an actual contract, or series of contracts, made by real men of history. It is found in such documents as Papal Bulls and Locke’s writings on Native Americans, and acted upon in such historical events as the voyages of discovery made by Europeans and the colonization of Africa, Asia, and the Americas. The racial contract makes possible and justifies some people, in virtue of their alleged superiority, exploiting the peoples, lands, and resources of other races.

From Mills’ perspective then, racism is not just an unhappy accident of Western democratic and political ideals. It is not the case that we have a political system that was perfectly conceived and unfortunately imperfectly applied. One of the reasons that we continue to think that the problem of race in the West is relatively superficial, that it does not go all the way down, is the hold that the idealized social contract has on our imagination. We continue to believe, according to Mills, in the myths that social contract theory tells us – that everyone is equal, that all will be treated the same before the law, that the Founding Fathers were committed to equality and freedom for all persons, etc. One of the very purposes of social contract theory, then, is to keep hidden from view the true political reality – some persons will be accorded the rights and freedoms of full persons, and the rest will be treated as sub-persons. The racial contract informs the very structure of our political systems, and lays the basis for the continuing racial oppression of non-whites. We cannot respond to it, therefore, by simply adding more non-whites into the mix of our political institutions, representation, and so on. Rather, we must reexamine our politics in general, from the point of view of the racial contract, and start from where we are, with full knowledge of how our society has been informed by the systematic exclusion of some persons from the realm of politics and contract. This “naturalized” feature of the racial contract, meaning that it tells a story about who we actually are and what is included in our history, is better, according to Mills, because it holds the promise of making it possible for us to someday actually live up to the norms and values that are at the heart of the Western political traditions.

Conclusion

Virginia Held has argued that “Contemporary Western society is in the grip of contractual thinking” (193). Contractual models have come to inform a vast variety of relations and interaction between persons, from students and their teachers, to authors and their readers. Given this, it would be difficult to overestimate the effect that social contract theory has had, both within philosophy, and on the wider culture. Social contract theory is undoubtedly with us for the foreseeable future. But so too are the critiques of such theory, which will continue to compel us to think and rethink the nature of both ourselves and our relations with one another.

Source: Internet Encyclopedia of Philosophy

Secessio Plebis

Secessio plebis (withdrawal of the commoners, or Secession of the Plebs) was an informal exercise of power by Rome’s plebeian citizens, similar to a general strike taken to the extreme. During a secessio plebis, the plebs would simply abandon the city en masse and leave the patrician order to themselves. Therefore a secessio meant that all shops and workshops would shut down and commercial transactions would largely cease. This was an effective strategy in the Conflict of the Orders due to strength in numbers; plebeian citizens made up the vast majority of Rome’s populace and produced most of its food and resources, while a patrician citizen was a member of the minority upper class, the equivalent of the landed gentry of later times. Authors report different numbers for how many secessions there were. Cary & Scullard (p. 66) state there were five between 494 BC and 287 BC.

Contents

  • 1 Secessions in Roman history
    • 1 494 BC
    • 2 449 BC
    • 3 445 BC
    • 4 342 BC
    • 5 287 BC
  • 2 References
  • 3 Bibliography

Secessions in Roman history

494 BC

In 494 BC, in response to the harsh rule of Appius Claudius Sabinus Inregillensis, the plebeians seceded and fled to Mons Sacer (the Sacred Mountain) and threatened to found a new town. (The mountain was not the Aventine Hill where they gathered in 449 BC [see below], thus giving its name to the Aventine Secession in the 20th century AD). In response, the patricians freed some of the plebs from their debts and conceded some of their power by creating the office of the Tribune of the Plebs. This tribune was the first government position held by the plebs. The powers of the tribunes changed over time. At their zenith, the plebeian tribunes exercised the power of veto (Latin: “I forbid”), by which they could forbid or invalidate any decision or action of a magistrate, including a consul or praetor, or indeed of the whole Senate, that he deemed harmful to the plebs. The nadir of the tribunician power in the republican period may have occurred with the constitutional legislation of the dictator Sulla.

This settlement led to the foundation of the Temple of Concord.

449 BC

In 449 BC, the plebs seceded again to force the patricians to adopt the Twelve Tables. Unlike the earlier secret laws which only the priests had access to, these new laws amounted to a written and published legal code. And unlike the earlier non-published laws, the Twelve Tables presented a basic set of laws and rights to the Roman public, as opposed hidden and secret laws which gave no specific rights to the ordinary plebeian Roman. The patricians vehemently opposed it but were nevertheless forced to found a commission headed by adecemvir who in turn announced the Twelve Tables in the Roman Forum. With the announcement of the new laws, the plebs were to a degree freed from injustice and subjectivity during trials. However, they were still obliged to pay slavery debt.

445 BC

The third secession is alluded to by Florus (Lex Canuleia).

342 BC

This fourth secession is noted by Livy. The Oxford Classical Dictionary calls this an “obscure military revolt”.

287 BC

In 287 BC, the plebs seceded a final time to the Janiculum to force the patricians to adopt the Lex Hortensia, which gave plebiscites the force of law.

Bibliography

  • ‘The Growth of Plebeian Privilege in Rome’, The English Historical Review II (April 1886)
  • Forsythe, G., A Critical History of Early Rome”, Berkeley, 2005

Reminds me of the secession of the creative minds of the world in Ayn Rand’s Atlas Shrugged.

Revolution on the Horizon?

Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Last night I watched this movie entitled In Time starring Justin Timberlake and Amanda Seyfried; directed and written by one Andrew Niccol.

In a future where people stop aging at 25, but are engineered to live only one more year, having the means to buy your way out of the situation is a shot at immortal youth. Here, Will Salas finds himself accused of murder and on the run with a hostage – a connection that becomes an important part of the way against the system.

Time, digitally engraved on their forearm, is literally money in their world. And money is power incarnate just like in real life. There are few with over 100 years, and many with mere days. The wealthiest are millionaires. Most die around the age of 26 in the ghetto. I immediately drew the political connection to real life as it was quite obvious, much like the message about middle eastern oil in Syriana.

So I googled it. And guess what I came up with. The Occupy Wall Street Movement as Marxism mostly, with this movie as their rallying cry. “We are the 99%.” I’ve heard it takes an income of 600k per year to be placed in the top 1% of the wealthiest folks in our nation. Of course 1% is around 300,000 people and there’s a few billionaires and a bunch of millionaires in there.

The OWS protests are against social and economic inequality, greed, corruption and the undue influence of corporations on government – particularly from the financial services sector.

Does not capitalism in its essence guarantee inequality? You reap what you sow. All men are not created equal in any case. Some are born into wealthy families. Others are born in the slums of Midgar. One is born with a natural talent in one area while another is born with a natural talent in another area. Some are born deformed or with complete lack of talent. All else aside, nobody is equal and the 1% are the only people who seem to realize this. It’s all about family and money. Verily, there exist gods among men who are indeed above the common laws of man.

As John Locke, a highly influential philosopher in terms of the U.S. Constitution, writes, the rulers of individual nations are in a state of nature with respect to eachother, while all of their governed subjects are equal yet burdened by a social contract which alienates at least some of their natural rights – rights which the rulers may enjoy.

Are we just now realizing how similar to an oligarchy the U.S. has turned out to become since its days of bondage to Britain? Doubtful. I’m sure there has always been a sharp distinction between rich and poor in every society (Plato wrote about it 2,400 years ago).

Is the OWS movement ideologically similar to Marxism? The media certainly seems to be portraying them in such a manner. I don’t think the fact of financial inequality should be the main focus of OWS though. If anything, it should be the vast influence that the (wealthy) private sector has on political matters.

In light of globalization and wars in the name of democracy, national security and freedom, which is indeed an impious lie, is a revolution on the horizon? Doubtful. People are either too afraid or too lazy or too contentedly ignorant.

I, for one, can assure you that if I were part of the 1%, I would never allow it. As I am not, I can either choose to settle with what I have and what is possible for a commoner to obtain or I can fight. But then again, there are countries much worse off than the U.S. Yet the U.S. is where I was born and live and where my conscience leads me is yet to be determined.

What would you do if you made 600k+ per year?

When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.

Ratio Legis est Anima Legis

“The law is not made for a righteous person, but for the lawless and insubordinate.”

– 1 Timothy 1:9

What is the contemporary status of America with regard to the distinction between the “letter” of the law and the “spirit” of the law?

How would America’s founding fathers respond to the government that has developed out of the American Revolution?

Legalism

noun

  1. Strict adherence, or the principle of strict adherence, to law or prescription, especially to the letter rather than the spirit.
  2. Theology
  3. The doctrine that salvation is gained through good works.
  4. The judging of conduct in terms of adherence to precise laws.
  5. (Initial capital letter, in Chinese philosophy) The principles and practices of a school of political theorists advocating strict legal control over all activities, a system of rewards and punishments uniform for all classes, and an absolute monarchy.

Power and Terror

Whether Noam Chomsky, the MIT linguist and political philosopher, is the most important intellectual alive, as the New York Times once famously called him, is open for debate. But without a doubt, Chomsky, now 73, is one of the most straight-talking and committed dissidents of our time. A steadfast critic of United States foreign policy for decades, in the aftermath of the terrorist attacks of September 11th, his profile took a quantum leap as he provided much-needed analysis and historical perspective to concerned citizens throughout the world. In the months that followed, he gave dozens of talks on four continents, conducted scores of interviews, and wrote a book 9-11 that was published in 22 countries and became a surprise bestseller in many of them, including Japan. Chomsky’s voice may be unpopular, but his incisive arguments, based on decades of research and analysis, are heard and considered in this chronicle comprised of interview footage, and various talks he’s given. Chomsky places the terrorist attacks in the context of American foreign intervention throughout the postwar decades–in Vietnam, Central America, the Middle East, and elsewhere. Beginning with the fundamental principle that the exercise of violence against civilian populations is terror, regardless of whether the perpetrator is a well-organized band of Muslim extremists, or the most powerful state in the world. Chomsky, in stark and uncompromising terms, challenges the United States to apply to its own actions the moral standards it demands of others.

On the Origin of Inequality

Discourse on the Origin and the Foundations of Inequality Among Men

By Jean-Jacques Rousseau

PREFACE

Of all human sciences the most useful and most imperfect appears to me to be that of mankind: and I will venture to say, the single inscription on the Temple of Delphi contained a precept more difficult and more important than is to be found in all the huge volumes that moralists have ever written. I consider the subject of the following discourse as one of the most interesting questions philosophy can propose, and unhappily for us, one of the most thorny that philosophers can have to solve. For how shall we know the source of inequality between men, if we do not begin by knowing mankind? And how shall man hope to see himself as nature made him, across all the changes which the succession of place and time must have produced in his original constitution? How can he distinguish what is fundamental in his nature from the changes and additions which his circumstances and the advances he has made have introduced to modify his primitive condition? Like the statue of Glaucus, which was so disfigured by time, seas and tempests, that it looked more like a wild beast than a god, the human soul, altered in society by a thousand causes perpetually recurring, by the acquisition of a multitude of truths and errors, by the changes happening to the constitution of the body, and by the continual jarring of the passions, has, so to speak, changed in appearance, so as to be hardly recognisable. Instead of a being, acting constantly from fixed and invariable principles, instead of that celestial and majestic simplicity, impressed on it by its divine Author, we find in it only the frightful contrast of passion mistaking itself for reason, and of understanding grown delirious.

It is still more cruel that, as every advance made by the human species removes it still farther from its primitive state, the more discoveries we make, the more we deprive ourselves of the means of making the most important of all. Thus it is, in one sense, by our very study of man, that the knowledge of him is put out of our power.

It is easy to perceive that it is in these successive changes in the constitution of man that we must look for the origin of those differences which now distinguish men, who, it is allowed, are as equal among themselves as were the animals of every kind, before physical causes had introduced those varieties which are now observable among some of them.

It is, in fact, not to be conceived that these primary changes, however they may have arisen, could have altered, all at once and in the same manner, every individual of the species. It is natural to think that, while the condition of some of them grew better or worse, and they were acquiring various good or bad qualities not inherent in their nature, there were others who continued a longer time in their original condition. Such was doubtless the first source of the inequality of mankind, which it is much easier to point out thus in general terms, than to assign with precision to its actual causes.

Let not my readers therefore imagine that I flatter myself with having seen what it appears to me so difficult to discover. I have here entered upon certain arguments, and risked some conjectures, less in the hope of solving the difficulty, than with a view to throwing some light upon it, and reducing the question to its proper form. Others may easily proceed farther on the same road, and yet no one find it very easy to get to the end. For it is by no means a light undertaking to distinguish properly between what is original and what is artificial in the actual nature of man, or to form a true idea of a state which no longer exists, perhaps never did exist, and probably never will exist; and of which, it is, nevertheless, necessary to have true ideas, in order to form a proper judgment of our present state. It requires, indeed, more philosophy than can be imagined to enable any one to determine exactly what precautions he ought to take, in order to make solid observations on this subject; and it appears to me that a good solution of the following problem would be not unworthy of the Aristotles and Plinys of the present age. What experiments would have to be made, to discover the natural man? And how are those experiments to be made in a state of society?

So far am I from undertaking to solve this problem, that I think I have sufficiently considered the subject, to venture to declare beforehand that our greatest philosophers would not be too good to direct such experiments, and our most powerful sovereigns to make them. Such a combination we have very little reason to expect, especially attended with the perseverance, or rather succession of intelligence and goodwill necessary on both sides to success.

These investigations, which are so difficult to make, and have been hitherto so little thought of, are, nevertheless, the only means that remain of obviating a multitude of difficulties which deprive us of the knowledge of the real foundations of human society. It is this ignorance of the nature of man, which casts so much uncertainty and obscurity on the true definition of natural right: for, the idea of right, says Burlamaqui, and more particularly that of natural right, are ideas manifestly relative to the nature of man. It is then from this very nature itself, he goes on, from the constitution and state of man, that we must deduce the first principles of this science.

We cannot see without surprise and disgust how little agreement there is between the different authors who have treated this great subject. Among the more important writers there are scarcely two of the same mind about it. Not to speak of the ancient philosophers, who seem to have done their best purposely to contradict one another on the most fundamental principles, the Roman jurists subjected man and the other animals indiscriminately to the same natural law, because they considered, under that name, rather the law which nature imposes on herself than that which she prescribes to others; or rather because of the particular acceptation of the term law among those jurists; who seem on this occasion to have understood nothing more by it than the general relations established by nature between all animated beings, for their common preservation. The moderns, understanding, by the term law, merely a rule prescribed to a moral being, that is to say intelligent, free and considered in his relations to other beings, consequently confine the jurisdiction of natural law to man, as the only animal endowed with reason. But, defining this law, each after his own fashion, they have established it on such metaphysical principles, that there are very few persons among us capable of comprehending them, much less of discovering them for themselves. So that the definitions of these learned men, all differing in everything else, agree only in this, that it is impossible to comprehend the law of nature, and consequently to obey it, without being a very subtle casuist and a profound metaphysician. All which is as much as to say that mankind must have employed, in the establishment of society, a capacity which is acquired only with great difficulty, and by very few persons, even in a state of society.

Knowing so little of nature, and agreeing so ill about the meaning of the word law, it would be difficult for us to fix on a good definition of natural law. Thus all the definitions we meet with in books, setting aside their defect in point of uniformity, have yet another fault, in that they are derived from many kinds of knowledge, which men do not possess naturally, and from advantages of which they can have no idea until they have already departed from that state. Modern writers begin by inquiring what rules it would be expedient for men to agree on for their common interest, and then give the name of natural law to a collection of these rules, without any other proof than the good that would result from their being universally practised. This is undoubtedly a simple way of making definitions, and of explaining the nature of things by almost arbitrary conveniences.

But as long as we are ignorant of the natural man, it is in vain for us to attempt to determine either the law originally prescribed to him, or that which is best adapted to his constitution. All we can know with any certainty respecting this law is that, if it is to be a law, not only the wills of those it obliges must be sensible of their submission to it; but also, to be natural, it must come directly from the voice of nature.

Throwing aside, therefore, all those scientific books, which teach us only to see men such as they have made themselves, and contemplating the first and most simple operations of the human soul, I think I can perceive in it two principles prior to reason, one of them deeply interesting us in our own welfare and preservation, and the other exciting a natural repugnance at seeing any other sensible being, and particularly any of our own species, suffer pain or death. It is from the agreement and combination which the understanding is in a position to establish between these two principles, without its being necessary to introduce that of sociability, that all the rules of natural right appear to me to be derived — rules which our reason is afterwards obliged to establish on other foundations, when by its successive developments it has been led to suppress nature itself.

In proceeding thus, we shall not be obliged to make man a philosopher before he is a man. His duties toward others are not dictated to him only by the later lessons of wisdom; and, so long as he does not resist the internal impulse of compassion, he will never hurt any other man, nor even any sentient being, except on those lawful occasions on which his own preservation is concerned and he is obliged to give himself the preference. By this method also we put an end to the time-honoured disputes concerning the participation of animals in natural law: for it is clear that, being destitute of intelligence and liberty, they cannot recognise that law; as they partake, however, in some measure of our nature, in consequence of the sensibility with which they are endowed, they ought to partake of natural right; so that mankind is subjected to a kind of obligation even toward the brutes. It appears, in fact, that if I am bound to do no injury to my fellow-creatures, this is less because they are rational than because they are sentient beings: and this quality, being common both to men and beasts, ought to entitle the latter at least to the privilege of not being wantonly ill-treated by the former.

The very study of the original man, of his real wants, and the fundamental principles of his duty, is besides the only proper method we can adopt to obviate all the difficulties which the origin of moral inequality presents, on the true foundations of the body politic, on the reciprocal rights of its members, and on many other similar topics equally important and obscure.

If we look at human society with a calm and disinterested eye, it seems, at first, to show us only the violence of the powerful and the oppression of the weak. The mind is shocked at the cruelty of the one, or is induced to lament the blindness of the other; and as nothing is less permanent in life than those external relations, which are more frequently produced by accident than wisdom, and which are called weakness or power, riches or poverty, all human institutions seem at first glance to be founded merely on banks of shifting sand. It is only by taking a closer look, and removing the dust and sand that surround the edifice, that we perceive the immovable basis on which it is raised, and learn to respect its foundations. Now, without a serious study of man, his natural faculties and their successive development, we shall never be able to make these necessary distinctions, or to separate, in the actual constitution of things, that which is the effect of the divine will, from the innovations attempted by human art. The political and moral investigations, therefore, to which the important question before us leads, are in every respect useful; while the hypothetical history of governments affords a lesson equally instructive to mankind.

In considering what we should have become, had we been left to ourselves, we should learn to bless Him, whose gracious hand, correcting our institutions, and giving them an immovable basis, has prevented those disorders which would otherwise have arisen from them, and caused our happiness to come from those very sources which seemed likely to involve us in misery.

A DISSERTATION
ON THE ORIGIN AND FOUNDATION OF
THE INEQUALITY OF MANKIND

It is of man that I have to speak; and the question I am investigating shows me that it is to men that I must address myself: for questions of this sort are not asked by those who are afraid to honour truth. I shall then confidently uphold the cause of humanity before the wise men who invite me to do so, and shall not be dissatisfied if I acquit myself in a manner worthy of my subject and of my judges.

I conceive that there are two kinds of inequality among the human species; one, which I call natural or physical, because it is established by nature, and consists in a difference of age, health, bodily strength, and the qualities of the mind or of the soul: and another, which may be called moral or political inequality, because it depends on a kind of convention, and is established, or at least authorised by the consent of men. This latter consists of the different privileges, which some men enjoy to the prejudice of others; such as that of being more rich, more honoured, more powerful or even in a position to exact obedience.

It is useless to ask what is the source of natural inequality, because that question is answered by the simple definition of the word. Again, it is still more useless to inquire whether there is any essential connection between the two inequalities; for this would be only asking, in other words, whether those who command are necessarily better than those who obey, and if strength of body or of mind, wisdom or virtue are always found in particular individuals, in proportion to their power or wealth: a question fit perhaps to be discussed by slaves in the hearing of their masters, but highly unbecoming to reasonable and free men in search of the truth.

The subject of the present discourse, therefore, is more precisely this. To mark, in the progress of things, the moment at which right took the place of violence and nature became subject to law, and to explain by what sequence of miracles the strong came to submit to serve the weak, and the people to purchase imaginary repose at the expense of real felicity.

The philosophers, who have inquired into the foundations of society, have all felt the necessity of going back to a state of nature; but not one of them has got there. Some of them have not hesitated to ascribe to man, in such a state, the idea of just and unjust, without troubling themselves to show that he must be possessed of such an idea, or that it could be of any use to him. Others have spoken of the natural right of every man to keep what belongs to him, without explaining what they meant by belongs. Others again, beginning by giving the strong authority over the weak, proceeded directly to the birth of government, without regard to the time that must have elapsed before the meaning of the words authority and government could have existed among men. Every one of them, in short, constantly dwelling on wants, avidity, oppression, desires and pride, has transferred to the state of nature ideas which were acquired in society; so that, in speaking of the savage, they described the social man. It has not even entered into the heads of most of our writers to doubt whether the state of nature ever existed; but it is clear from the Holy Scriptures that the first man, having received his understanding and commandments immediately from God, was not himself in such a state; and that, if we give such credit to the writings of Moses as every Christian philosopher ought to give, we must deny that, even before the deluge, men were ever in the pure state of nature; unless, indeed, they fell back into it from some very extraordinary circumstance; a paradox which it would be very embarrassing to defend, and quite impossible to prove.

Let us begin then by laying facts aside, as they do not affect the question. The investigations we may enter into, in treating this subject, must not be considered as historical truths, but only as mere conditional and hypothetical reasonings, rather calculated to explain the nature of things, than to ascertain their actual origin; just like the hypotheses which our physicists daily form respecting the formation of the world. Religion commands us to believe that, God Himself having taken men out of a state of nature immediately after the creation, they are unequal only because it is His will they should be so: but it does not forbid us to form conjectures based solely on the nature of man, and the beings around him, concerning what might have become of the human race, if it had been left to itself. This then is the question asked me, and that which I propose to discuss in the following discourse. As my subject interests mankind in general, I shall endeavour to make use of a style adapted to all nations, or rather, forgetting time and place, to attend only to men to whom I am speaking. I shall suppose myself in the Lyceum of Athens, repeating the lessons of my masters, with Plato and Xenocrates for judges, and the whole human race for audience.

O man, of whatever country you are, and whatever your opinions may be, behold your history, such as I have thought to read it, not in books written by your fellow-creatures, who are liars, but in nature, which never lies. All that comes from her will be true; nor will you meet with anything false, unless I have involuntarily put in something of my own. The times of which I am going to speak are very remote: how much are you changed from what you once were! It is, so to speak, the life of your species which I am going to write, after the qualities which you have received, which your education and habits may have depraved, but cannot have entirely destroyed. There is, I feel, an age at which the individual man would wish to stop: you are about to inquire about the age at which you would have liked your whole species to stand still. Discontented with your present state, for reasons which threaten your unfortunate descendants with still greater discontent, you will perhaps wish it were in your power to go back; and this feeling should be a panegyric on your first ancestors, a criticism of your contemporaries, and a terror to the unfortunates who will come after you.

THE FIRST PART

Important as it may be, in order to judge rightly of the natural state of man, to consider him from his origin, and to examine him, as it were, in the embryo of his species; I shall not follow his organisation through its successive developments, nor shall I stay to inquire what his animal system must have been at the beginning, in order to become at length what it actually is. I shall not ask whether his long nails were at first, as Aristotle supposes, only crooked talons; whether his whole body, like that of a bear, was not covered with hair; or whether the fact that he walked upon all fours, with his looks directed toward the earth, confined to a horizon of a few paces, did not at once point out the nature and limits of his ideas. On this subject I could form none but vague and almost imaginary conjectures. Comparative anatomy has as yet made too little progress, and the observations of naturalists are too uncertain to afford an adequate basis for any solid reasoning. So that, without having recourse to the supernatural information given us on this head, or paying any regard to the changes which must have taken place in the internal, as well as the external, conformation of man, as he applied his limbs to new uses, and fed himself on new kinds of food, I shall suppose his conformation to have been at all times what it appears to us at this day; that he always walked on two legs, made use of his hands as we do, directed his looks over all nature, and measured with his eyes the vast expanse of Heaven.

If we strip this being, thus constituted, of all the supernatural gifts he may have received, and all the artificial faculties he can have acquired only by a long process; if we consider him, in a word, just as he must have come from the hands of nature, we behold in him an animal weaker than some, and less agile than others; but, taking him all round, the most advantageously organised of any. I see him satisfying his hunger at the first oak, and slaking his thirst at the first brook; finding his bed at the foot of the tree which afforded him a repast; and, with that, all his wants supplied.

While the earth was left to its natural fertility and covered with immense forests, whose trees were never mutilated by the axe, it would present on every side both sustenance and shelter for every species of animal. Men, dispersed up and down among the rest, would observe and imitate their industry, and thus attain even to the instinct of the beasts, with the advantage that, whereas every species of brutes was confined to one particular instinct, man, who perhaps has not any one peculiar to himself, would appropriate them all, and live upon most of those different foods which other animals shared among themselves; and thus would find his subsistence much more easily than any of the rest.

Accustomed from their infancy to the inclemencies of the weather and the rigour of the seasons, inured to fatigue, and forced, naked and unarmed, to defend themselves and their prey from other ferocious animals, or to escape them by flight, men would acquire a robust and almost unalterable constitution. The children, bringing with them into the world the excellent constitution of their parents, and fortifying it by the very exercises which first produced it, would thus acquire all the vigour of which the human frame is capable. Nature in this case treats them exactly as Sparta treated the children of her citizens: those who come well formed into the world she renders strong and robust, and all the rest she destroys; differing in this respect from our modern communities, in which the State, by making children a burden to their parents, kills them indiscriminately before they are born.

The body of a savage man being the only instrument he understands, he uses it for various purposes, of which ours, for want of practice, are incapable: for our industry deprives us of that force and agility, which necessity obliges him to acquire. If he had had an axe, would he have been able with his naked arm to break so large a branch from a tree? If he had had a sling, would he have been able to throw a stone with so great velocity? If he had had a ladder, would he have been so nimble in climbing a tree? If he had had a horse, would he have been himself so swift of foot? Give civilised man time to gather all his machines about him, and he will no doubt easily beat the savage; but if you would see a still more unequal contest, set them together naked and unarmed, and you will soon see the advantage of having all our forces constantly at our disposal, of being always prepared for every event, and of carrying one’s self, as it were, perpetually whole and entire about one.

Hobbes contends that man is naturally intrepid, and is intent only upon attacking and fighting. Another illustrious philosopher holds the opposite, and Cumberland and Puffendorf also affirm that nothing is more timid and fearful than man in the state of nature; that he is always in a tremble, and ready to fly at the least noise or the slightest movement. This may be true of things he does not know; and I do not doubt his being terrified by every novelty that presents itself, when he neither knows the physical good or evil he may expect from it, nor can make a comparison between his own strength and the dangers he is about to encounter. Such circumstances, however, rarely occur in a state of nature, in which all things proceed in a uniform manner, and the face of the earth is not subject to those sudden and continual changes which arise from the passions and caprices of bodies of men living together. But savage man, living dispersed among other animals, and finding himself betimes in a situation to measure his strength with theirs, soon comes to compare himself with them; and, perceiving that he surpasses them more in adroitness than they surpass him in strength, learns to be no longer afraid of them. Set a bear, or a wolf, against a robust, agile, and resolute savage, as they all are, armed with stones and a good cudgel, and you will see that the danger will be at least on both sides, and that, after a few trials of this kind, wild beasts, which are not fond of attacking each other, will not be at all ready to attack man, whom they will have found to be as wild and ferocious as themselves. With regard to such animals as have really more strength than man has adroitness, he is in the same situation as all weaker animals, which notwithstanding are still able to subsist; except indeed that he has the advantage that, being equally swift of foot, and finding an almost certain place of refuge in every tree, he is at liberty to take or leave it at every encounter, and thus to fight or fly, as he chooses. Add to this that it does not appear that any animal naturally makes war on man, except in case of self-defence or excessive hunger, or betrays any of those violent antipathies, which seem to indicate that one species is intended by nature for the food of another.

This is doubtless why negroes and savages are so little afraid of the wild beasts they may meet in the woods. The Caraibs of Venezuela among others live in this respect in absolute security and without the smallest inconvenience. Though they are almost naked, Francis Corréal tells us, they expose themselves freely in the woods, armed only with bows and arrows; but no one has ever heard of one of them being devoured by wild beasts.

But man has other enemies more formidable, against which is is not provided with such means of defence: these are the natural infirmities of infancy, old age, and illness of every kind, melancholy proofs of our weakness, of which the two first are common to all animals, and the last belongs chiefly to man in a state of society. With regard to infancy, it is observable that the mother, carrying her child always with her, can nurse it with much greater ease than the females of many other animals, which are forced to be perpetually going and coming, with great fatigue, one way to find subsistence, and another to suckle or feed their young. It is true that if the woman happens to perish, the infant is in great danger of perishing with her; but this risk is common to many other species of animals, whose young take a long time before they are able to provide for themselves. And if our infancy is longer than theirs, our lives are longer in proportion; so that all things are in this respect fairly equal; though there are other rules to be considered regarding the duration of the first period of life, and the number of young, which do not affect the present subject. In old age, when men are less active and perspire little, the need for food diminishes with the ability to provide it. As the savage state also protects them from gout and rheumatism, and old age is, of all ills, that which human aid can least alleviate, they cease to be, without others perceiving that they are no more, and almost without perceiving it themselves.

With respect to sickness, I shall not repeat the vain and false declamations which most healthy people pronounce against medicine; but I shall ask if any solid observations have been made from which it may be justly concluded that, in the countries where the art of medicine is most neglected, the mean duration of man’s life is less than in those where it is most cultivated. How indeed can this be the case, if we bring on ourselves more diseases than medicine can furnish remedies? The great inequality in manner of living, the extreme idleness of some, and the excessive labour of others, the easiness of exciting and gratifying our sensual appetites, the too exquisite foods of the wealthy which overheat and fill them with indigestion, and, on the other hand, the unwholesome food of the poor, often, bad as it is, insufficient for their needs, which induces them, when opportunity offers, to eat voraciously and overcharge their stomachs; all these, together with sitting up late, and excesses of every kind, immoderate transports of every passion, fatigue, mental exhaustion, the innumerable pains and anxieties inseparable from every condition of life, by which the mind of man is incessantly tormented; these are too fatal proofs that the greater part of our ills are of our own making, and that we might have avoided them nearly all by adhering to that simple, uniform and solitary manner of life which nature prescribed. If she destined man to be healthy, I venture to declare that a state of reflection is a state contrary to nature, and that a thinking man is a depraved animal. When we think of the good constitution of the savages, at least of those whom we have not ruined with our spirituous liquors, and reflect that they are troubled with hardly any disorders, save wounds and old age, we are tempted to believe that, in following the history of civil society, we shall be telling also that of human sickness. Such, at least, was the opinion of Plato, who inferred from certain remedies prescribed, or approved, by Podalirius and Machaon at the siege of Troy, that several sicknesses which these remedies gave rise to in his time, were not then known to mankind: and Celsus tells us that diet, which is now so necessary, was first invented by Hippocrates.

Being subject therefore to so few causes of sickness, man, in the state of nature, can have no need of remedies, and still less of physicians: nor is the human race in this respect worse off than other animals, and it is easy to learn from hunters whether they meet with many infirm animals in the course of the chase. It is certain they frequently meet with such as carry the marks of having been considerably wounded, with many that have had bones or even limbs broken, yet have been healed without any other surgical assistance than that of time, or any other regimen than that of their ordinary life. At the same time their cures seem not to have been less perfect, for their not having been tortured by incisions, poisoned with drugs, or wasted by fasting. In short, however useful medicine, properly administered, may be among us, it is certain that, if the savage, when he is sick and left to himself, has nothing to hope but from nature, he has, on the other hand, nothing to fear but from his disease; which renders his situation often preferable to our own.

We should beware, therefore, of confounding the savage man with the men we have daily before our eyes. Nature treats all the animals left to her care with a predilection that seems to show how jealous she is of that right. The horse, the cat, the bull, and even the ass are generally of greater stature, and always more robust, and have more vigour, strength and courage, when they run wild in the forests than when bred in the stall. By becoming domesticated, they lose half these advantages; and it seems as if all our care to feed and treat them well serves only to deprave them. It is thus with man also: as he becomes sociable and a slave, he grows weak, timid and servile; his effeminate way of life totally enervates his strength and courage. To this it may be added that there is still a greater difference between savage and civilised man, than between wild and tame beasts: for men and brutes having been treated alike by nature, the several conveniences in which men indulge themselves still more than they do their beasts, are so many additional causes of their deeper degeneracy.

It is not therefore so great a misfortune to these primitive men, nor so great an obstacle to their preservation, that they go naked, have no dwellings and lack all the superfluities which we think so necessary. If their skins are not covered with hair, they have no need of such covering in warm climates; and, in cold countries, they soon learn to appropriate the skins of the beasts they have overcome. If they have but two legs to run with, they have two arms to defend themselves with, and provide for their wants. Their children are slowly and with difficulty taught to walk; but their mothers are able to carry them with ease; an advantage which other animals lack, as the mother, if pursued, is forced either to abandon her young, or to regulate her pace by theirs. Unless, in short, we suppose a singular and fortuitous concurrence of circumstances of which I shall speak later, and which would be unlikely to exist, it is plain in every state of the case, that the man who first made himself clothes or a dwelling was furnishing himself with things not at all necessary; for he had till then done without them, and there is no reason why he should not have been able to put up in manhood with the same kind of life as had been his in infancy.

Solitary, indolent, and perpetually accompanied by danger, the savage cannot but be fond of sleep; his sleep too must be light, like that of the animals, which think but little and may be said to slumber all the time they do not think. Self-preservation being his chief and almost sole concern, he must exercise most those faculties which are most concerned with attack or defence, either for overcoming his prey, or for preventing him from becoming the prey of other animals. On the other hand, those organs which are perfected only by softness and sensuality will remain in a gross and imperfect state, incompatible with any sort of delicacy; so that, his senses being divided on this head, his touch and taste will be extremely coarse, his sight, hearing and smell exceedingly fine and subtle. Such in general is the animal condition, and such, according to the narratives of travellers, is that of most savage nations. It is therefore no matter for surprise that the Hottentots of the Cape of Good Hope distinguish ships at sea, with the naked eye, at as great a distance as the Dutch can do with their telescopes; or that the savages of America should trace the Spaniards, by their smell, as well as the best dogs could have done; or that these barbarous peoples feel no pain in going naked, or that they use large quantities of piemento with their food, and drink the strongest European liquors like water.

Hitherto I have considered merely the physical man; let us now take a view of him on his metaphysical and moral side.

I see nothing in any animal but an ingenious machine, to which nature hath given senses to wind itself up, and to guard itself, to a certain degree, against anything that might tend to disorder or destroy it. I perceive exactly the same things in the human machine, with this difference, that in the operations of the brute, nature is the sole agent, whereas man has some share in his own operations, in his character as a free agent. The one chooses and refuses by instinct, the other from an act of free-will: hence the brute cannot deviate from the rule prescribed to it, even when it would be advantageous for it to do so; and, on the contrary, man frequently deviates from such rules to his own prejudice. Thus a pigeon would be starved to death by the side of a dish of the choicest meats, and a cat on a heap of fruit or grain; though it is certain that either might find nourishment in the foods which it thus rejects with disdain, did it think of trying them. Hence it is that dissolute men run into excesses which bring on fevers and death; because the mind depraves the senses, and the will continues to speak when nature is silent.

Every animal has ideas, since it has senses; it even combines those ideas in a certain degree; and it is only in degree that man differs, in this respect, from the brute. Some philosophers have even maintained that there is a greater difference between one man and another than between some men and some beasts. It is not, therefore, so much the understanding that constitutes the specific difference between the man and the brute, as the human quality of free-agency. Nature lays her commands on every animal, and the brute obeys her voice. Man receives the same impulsion, but at the same time knows himself at liberty to acquiesce or resist: and it is particularly in his consciousness of this liberty that the spirituality of his soul is displayed. For physics may explain, in some measure, the mechanism of the senses and the formation of ideas; but in the power of willing or rather of choosing, and in the feeling of this power, nothing is to be found but acts which are purely spiritual and wholly inexplicable by the laws of mechanism.

However, even if the difficulties attending all these questions should still leave room for difference in this respect between men and brutes, there is another very specific quality which distinguishes them, and which will admit of no dispute. This is the faculty of self-improvement, which, by the help of circumstances, gradually develops all the rest of our faculties, and is inherent in the species as in the individual: whereas a brute is, at the end of a few months, all he will ever be during his whole life, and his species, at the end of a thousand years, exactly what it was the first year of that thousand. Why is man alone liable to grow into a dotard? Is it not because he returns, in this, to his primitive state; and that, while the brute, which has acquired nothing and has therefore nothing to lose, still retains the force of instinct, man, who loses, by age or accident, all that his perfectibility had enabled him to gain, falls by this means lower than the brutes themselves? It would be melancholy, were we forced to admit that this distinctive and almost unlimited faculty is the source of all human misfortunes; that it is this which, in time, draws man out of his original state, in which he would have spent his days insensibly in peace and innocence; that it is this faculty, which, successively producing in different ages his discoveries and his errors, his vices and his virtues, makes him at length a tyrant both over himself and over nature. It would be shocking to be obliged to regard as a benefactor the man who first suggested to the Oroonoko Indians the use of the boards they apply to the temples of their children, which secure to them some part at least of their imbecility and original happiness.

Savage man, left by nature solely to the direction of instinct, or rather indemnified for what he may lack by faculties capable at first of supplying its place, and afterwards of raising him much above it, must accordingly begin with purely animal functions: thus seeing and feeling must be his first condition, which would be common to him and all other animals. To will, and not to will, to desire and to fear, must be the first, and almost the only operations of his soul, till new circumstances occasion new developments of his faculties.

Whatever moralists may hold, the human understanding is greatly indebted to the passions, which, it is universally allowed, are also much indebted to the understanding. It is by the activity of the passions that our reason is improved; for we desire knowledge only because we wish to enjoy; and it is impossible to conceive any reason why a person who has neither fears nor desires should give himself the trouble of reasoning. The passions, again, originate in our wants, and their progress depends on that of our knowledge; for we cannot desire or fear anything, except from the idea we have of it, or from the simple impulse of nature. Now savage man, being destitute of every species of intelligence, can have no passions save those of the latter kind: his desires never go beyond his physical wants. The only goods he recognises in the universe are food, a female, and sleep: the only evils he fears are pain and hunger. I say pain, and not death: for no animal can know what it is to die; the knowledge of death and its terrors being one of the first acquisitions made by man in departing from an animal state.

It would be easy, were it necessary, to support this opinion by facts, and to show that, in all the nations of the world, the progress of the understanding has been exactly proportionate to the wants which the peoples had received from nature, or been subjected to by circumstances, and in consequence to the passions that induced them to provide for those necessities. I might instance the arts, rising up in Egypt and expanding with the inundation of the Nile. I might follow their progress into Greece, where they took root afresh, grew up and lowered to the skies, among the rocks and sands of Attica, without being able to germinate on the fertile banks of the Eurotas: I might observe that in general, the people of the North are more industrious than those of the South, because they cannot get on so well without being so: as if nature wanted to equalise matters by giving their understandings the fertility she had refused to their soil.

But who does not see, without recurring to the uncertain testimony of history, that everything seems to remove from savage man both the temptation and the means of changing his condition? His imagination paints no pictures; his heart makes no demands on him. His few wants are so readily supplied, and he is so far from having the knowledge which is needful to make him want more, that he can have neither foresight nor curiosity. The face of nature becomes indifferent to him as it grows familiar. He sees in it always the same order, the same successions: he has not understanding enough to wonder at the greatest miracles; nor is it in his mind that we can expect to find that philosophy man needs, if he is to know how to notice for once what he sees every day. His soul, which nothing disturbs, is wholly wrapped up in the feeling of its present existence, without any idea of the future, however near at hand; while his projects, as limited as his views, hardly extend to the close of day. Such, even at present, is the extent of the native Caribbean’s foresight: he will improvidently sell you his cotton-bed in the morning, and come crying in the evening to buy it again, not having foreseen he would want it again the next night.

The more we reflect on this subject, the greater appears the distance between pure sensation and the most simple knowledge: it is impossible indeed to conceive how a man, by his own powers alone, without the aid of communication and the spur of necessity, could have bridged so great a gap. How many ages may have elapsed before mankind were in a position to behold any other fire than that of the heavens. What a multiplicity of chances must have happened to teach them the commonest uses of that element! How often must they have let it out before they acquired the art of reproducing it? and how often may not such a secret have died with him who had discovered it? What shall we say of agriculture, an art which requires so much labour and foresight, which is so dependent on others that it is plain it could only be practised in a society which had at least begun, and which does not serve so much to draw the means of subsistence from the earth — for these it would produce of itself — but to compel it to produce what is most to our taste? But let us suppose that men had so multiplied that the natural produce of the earth was no longer sufficient for their support; a supposition, by the way, which would prove such a life to be very advantageous for the human race; let us suppose that, without forges or workshops, the instruments of husbandry had dropped from the sky into the hands of savages; that they had overcome their natural aversion to continual labour; that they had learnt so much foresight for their needs; that they had divined how to cultivate the earth, to sow grain and plant trees; that they had discovered the arts of grinding corn, and of setting the grape to ferment — all being things that must have been taught them by the gods, since it is not to be conceived how they could discover them for themselves — yet after all this, what man among them would be so absurd as to take the trouble of cultivating a field, which might be stripped of its crop by the first comer, man or beast, that might take a liking to it; and how should each of them resolve to pass his life in wearisome labour, when, the more necessary to him the reward of his labour might be, the surer he would be of not getting it? In a word, how could such a situation induce men to cultivate the earth, till it was regularly parcelled out among them; that is to say, till the state of nature had been abolished?

Were we to suppose savage man as trained in the art of thinking as philosophers make him; were we, like them, to suppose him a very philosopher capable of investigating the sublimest truths, and of forming, by highly abstract chains of reasoning, maxims of reason and justice, deduced from the love of order in general, or the known will of his Creator; in a word, were we to suppose him as intelligent and enlightened, as he must have been, and is in fact found to have been, dull and stupid, what advantage would accrue to the species, from all such metaphysics, which could not be communicated by one to another, but must end with him who made them? What progress could be made by mankind, while dispersed in the woods among other animals? and how far could men improve or mutually enlighten one another, when, having no fixed habitation, and no need of one another’s assistance, the same persons hardly met twice in their lives, and perhaps then, without knowing one another or speaking together?

Let it be considered how many ideas we owe to the use of speech; how far grammar exercises the understanding and facilitates its operations. Let us reflect on the inconceivable pains and the infinite space of time that the first invention of languages must have cost. To these reflections add what preceded, and then judge how many thousand ages must have elapsed in the successive development in the human mind of those operations of which it is capable.

I shall here take the liberty for a moment, of considering the difficulties of the origin of languages, on which subject I might content myself with a simple repetition of the Abbé Condillac’s investigations, as they fully confirm my system, and perhaps even first suggested it. But it is plain, from the manner in which this philosopher solves the difficulties he himself raises, concerning the origin of arbitrary signs, that he assumes what I question, viz., that a kind of society must already have existed among the first inventors of language. While I refer, therefore, to his observations on this head, I think it right to give my own, in order to exhibit the same difficulties in a light adapted to my subject. The first which presents itself is to conceive how language can have become necessary; for as there was no communication among men and no need for any, we can neither conceive the necessity of this invention, nor the possibility of it, if it was not somehow indispensable. I might affirm, with many others, that languages arose in the domestic intercourse between parents and their children. But this expedient would not obviate the difficulty, and would besides involve the blunder made by those who, in reasoning on the state of nature, always import into it ideas gathered in a state of society. Thus they constantly consider families as living together under one roof, and the individuals of each as observing among themselves a union as intimate and permanent as that which exists among us, where so many common interests unite them: whereas, in this primitive state, men had neither houses, nor huts, nor any kind of property whatever; every one lived where he could, seldom for more than a single night; the sexes united without design, as accident, opportunity or inclination brought them together, nor had they any great need of words to communicate their designs to each other; and they parted with the same indifference. The mother gave suck to her children at first for her own sake; and afterwards, when habit had made them dear, for theirs: but as soon as they were strong enough to go in search of their own food, they forsook her of their own accord; and, as they had hardly any other method of not losing one another than that of remaining continually within sight, they soon became quite incapable of recognising one another when they happened to meet again. It is farther to be observed that the child, having all his wants to explain, and of course more to say to his mother than the mother could have to say to him, must have borne the brunt of the task of invention, and the language he used would be of his own device, so that the number of languages would be equal to that of the individuals speaking them, and the variety would be increased by the vagabond and roving life they led, which would not give time for any idiom to become constant. For to say that the mother dictated to her child the words he was to use in asking her for one thing or another, is an explanation of how languages already formed are taught, but by no means explains how languages were originally formed.

We will suppose, however, that this first difficulty is obviated. Let us for a moment then take ourselves as being on this side of the vast space which must lie between a pure state of nature and that in which languages had become necessary, and, admitting their necessity, let us inquire how they could first be established. Here we have a new and worse difficulty to grapple with; for if men need speech to learn to think, they must have stood in much greater need of the art of thinking, to be able to invent that of speaking. And though we might conceive how the articulate sounds of the voice came to be taken as the conventional interpreters of our ideas, it would still remain for us to inquire what could have been the interpreters of this convention for those ideas, which, answering to no sensible objects, could not be indicated either by gesture or voice; so that we can hardly form any tolerable conjectures about the origin of this art of communicating our thoughts and establishing a correspondence between minds: an art so sublime, that far distant as it is from its origin, philosophers still behold it at such an immeasurable distance from perfection, that there is none rash enough to affirm it will ever reach it, even though the revolutions time necessarily produces were suspended in its favour, though prejudice should be banished from our academies or condemned to silence, and those learned societies should devote themselves uninterruptedly for whole ages to this thorny question.

The first language of mankind, the most universal and vivid, in a word the only language man needed, before he had occasion to exert his eloquence to persuade assembled multitudes, was the simple cry of nature. But as this was excited only by a sort of instinct on urgent occasions, to implore assistance in case of danger, or relief in case of suffering, it could be of little use in the ordinary course of life, in which more moderate feelings prevail. When the ideas of men began to expand and multiply, and closer communication took place among them, they strove to invent more numerous signs and a more copious language. They multiplied the inflections of the voice, and added gestures, which are in their own nature more expressive, and depend less for their meaning on a prior determination. Visible and movable objects were therefore expressed by gestures, and audible ones by imitative sounds: but, as hardly anything can be indicated by gestures, except objects actually present or easily described, and visible actions; as they are not universally useful — for darkness or the interposition of a material object destroys their efficacy — and as besides they rather request than secure our attention; men at length bethought themselves of substituting for them the articulate sounds of the voice, which, without bearing the same relation to any particular ideas, are better calculated to express them all, as conventional signs. Such an institution could only be made by common consent, and must have been effected in a manner not very easy for men whose gross organs had not been accustomed to any such exercise. It is also in itself still more difficult to conceive, since such a common agreement must have had motives, and speech seems to have been highly necessary to establish the use of it.

It is reasonable to suppose that the words first made use of by mankind had a much more extensive signification than those used in languages already formed, and that ignorant as they were of the division of discourse into its constituent parts, they at first gave every single word the sense of a whole proposition. When they began to distinguish subject and attribute, and noun and verb, which was itself no common effort of genius, substantives were first only so many proper names; the present infinitive was the only tense of verbs; and the very idea of adjectives must have been developed with great difficulty; for every adjective is an abstract idea, and abstractions are painful and unnatural operations.

Every object at first received a particular name without regard to genus or species, which these primitive originators were not in a position to distinguish; every individual presented itself to their minds in isolation, as they are in the picture of nature. If one oak was called A, another was called B; for the primitive idea of two things is that they are not the same, and it often takes a long time for what they have in common to be seen: so that, the narrower the limits of their knowledge of things, the more copious their dictionary must have been. The difficulty of using such a vocabulary could not be easily removed; for, to arrange beings under common and generic denominations, it became necessary to know their distinguishing properties: the need arose for observation and definition, that is to say, for natural history and metaphysics of a far more developed kind than men can at that time have possessed.

Add to this, that general ideas cannot be introduced into the mind without the assistance of words, nor can the understanding seize them except by means of propositions. This is one of the reasons why animals cannot form such ideas, or ever acquire that capacity for self-improvement which depends on them. When a monkey goes from one nut to another, are we to conceive that he entertains any general idea of that kind of fruit, and compares its archetype with the two individual nuts? Assuredly he does not; but the sight of one of these nuts recalls to his memory the sensations which he received from the other, and his eyes, being modified after a certain manner, give information to the palate of the modification it is about to receive. Every general idea is purely intellectual; if the imagination meddles with it ever so little, the idea immediately becomes particular. If you endeavour to trace in your mind the image of a tree in general, you never attain to your end. In spite of all you can do, you will have to see it as great or little, bare or leafy, light or dark, and were you capable of seeing nothing in it but what is common to all trees, it would no longer be like a tree at all. Purely abstract beings are perceivable in the same manner, or are only conceivable by the help of language. The definition of a triangle alone gives you a true idea of it: the moment you imagine a triangle in your mind, it is some particular triangle and not another, and you cannot avoid giving it sensible lines and a coloured area. We must then make use of propositions and of language in order to form general ideas. For no sooner does the imagination cease to operate than the understanding proceeds only by the help of words. If then the first inventors of speech could give names only to ideas they already had, it follows that the first substantives could be nothing more than proper names.

But when our new grammarians, by means of which I have no conception, began to extend their ideas and generalise their terms, the ignorance of the inventors must have confined this method within very narrow limits; and, as they had at first gone too far in multiplying the names of individuals, from ignorance of their genus and species, they made afterwards too few of these, from not having considered beings in all their specific differences. It would indeed have needed more knowledge and experience than they could have, and more pains and inquiry than they would have bestowed, to carry these distinctions to their proper length. If, even to-day, we are continually discovering new species, which have hitherto escaped observation, let us reflect how many of them must have escaped men who judged things merely from their first appearance! It is superfluous to add that the primitive classes and the most general notions must necessarily have escaped their notice also. How, for instance, could they have understood or thought of the words matter, spirit, substance, mode, figure, motion, when even our philosophers, who have so long been making use of them, have themselves the greatest difficulty in understanding them; and when, the ideas attached to them being purely metaphysical, there are no models of them to be found in nature?

But I stop at this point, and ask my judges to suspend their reading a while, to consider, after the invention of physical substantives, which is the easiest part of language to invent, that there is still a great way to go, before the thoughts of men will have found perfect expression and constant form, such as would answer the purposes of public speaking, and produce their effect on society. I beg of them to consider how much time must have been spent, and how much knowledge needed, to find out numbers, abstract terms, aorists and all the tenses of verbs, particles, syntax, the method of connecting propositions, the forms of reasoning, and all the logic of speech. For myself, I am so aghast at the increasing difficulties which present themselves, and so well convinced of the almost demonstrable impossibility that languages should owe their original institution to merely human means, that I leave, to any one who will undertake it, the discussion of the difficult problem, which was most necessary, the existence of society to the invention of language, or the invention of language to the establishment of society. But be the origin of language and society what they may, it may be at least inferred, from the little care which nature has taken to unite mankind by mutual wants, and to facilitate the use of speech, that she has contributed little to make them sociable, and has put little of her own into all they have done to create such bonds of union. It is in fact impossible to conceive why, in a state of nature, one man should stand more in need of the assistance of another, than a monkey or a wolf of the assistance of another of its kind: or, granting that he did, what motives could induce that other to assist him; or, even then, by what means they could agree about the conditions. I know it is incessantly repeated that man would in such a state have been the most miserable of creatures; and indeed, if it be true, as I think I have proved, that he must have lived many ages, before he could have either desire or an opportunity of emerging from it, this would only be an accusation against nature, and not against the being which she had thus unhappily constituted. But as I understand the word miserable, it either has no meaning at all, or else signifies only a painful privation of something, or a state of suffering either in body or soul. I should be glad to have explained to me, what kind of misery a free being, whose heart is at ease and whose body is in health, can possibly suffer. I would ask also, whether a social or a natural life is most likely to become insupportable to those who enjoy it. We see around us hardly a creature in civil society, who does not lament his existence: we even see many deprive themselves of as much of it as they can, and laws human and divine together can hardly put a stop to the disorder. I ask, if it was ever known that a savage took it into his head, when at liberty, to complain of life or to make away with himself. Let us therefore judge, with less vanity, on which side the real misery is found. On the other hand, nothing could be more unhappy than savage man, dazzled by science, tormented by his passions, and reasoning about a state different from his own. It appears that Providence most wisely determined that the faculties, which he potentially possessed, should develop themselves only as occasion offered to exercise them, in order that they might not be superfluous or perplexing to him, by appearing before their time, nor slow and useless when the need for them arose. In instinct alone, he had all he required for living in the state of nature; and with a developed understanding he has only just enough to support life in society.

It appears, at first view, that men in a state of nature, having no moral relations or determinate obligations one with another, could not be either good or bad, virtuous or vicious; unless we take these terms in a physical sense, and call, in an individual, those qualities vices which may be injurious to his preservation, and those virtues which contribute to it; in which case, he would have to be accounted most virtuous, who put least check on the pure impulses of nature. But without deviating from the ordinary sense of the words, it will be proper to suspend the judgment we might be led to form on such a state, and be on our guard against our prejudices, till we have weighed the matter in the scales of impartiality, and seen whether virtues or vices preponderate among civilised men; and whether their virtues do them more good than their vices do harm; till we have discovered, whether the progress of the sciences sufficiently indemnifies them for the mischiefs they do one another, in proportion as they are better informed of the good they ought to do; or whether they would not be, on the whole, in a much happier condition if they had nothing to fear or to hope from any one, than as they are, subjected to universal dependence, and obliged to take everything from those who engage to give them nothing in return.

Above all, let us not conclude, with Hobbes, that because man has no idea of goodness, he must be naturally wicked; that he is vicious because he does not know virtue; that he always refuses to do his fellow-creatures services which he does not think they have a right to demand; or that by virtue of the right he truly claims to everything he needs, he foolishly imagines himself the sole proprietor of the whole universe. Hobbes had seen clearly the defects of all the modern definitions of natural right: but the consequences which he deduces from his own show that he understands it in an equally false sense. In reasoning on the principles he lays down, he ought to have said that the state of nature, being that in which the care for our own preservation is the least prejudicial to that of others, was consequently the best calculated to promote peace, and the most suitable for mankind. He does say the exact opposite, in consequence of having improperly admitted, as a part of savage man’s care for self-preservation, the gratification of a multitude of passions which are the work of society, and have made laws necessary. A bad man, he says, is a robust child. But it remains to be proved whether man in a state of nature is this robust child: and, should we grant that he is, what would he infer? Why truly, that if this man, when robust and strong, were dependent on others as he is when feeble, there is no extravagance he would not be guilty of; that he would beat his mother when she was too slow in giving him her breast; that he would strangle one of his younger brothers, if he should be troublesome to him, or bite the arm of another, if he put him to any inconvenience. But that man in the state of nature is both strong and dependent involves two contrary suppositions. Man is weak when he is dependent, and is his own master before he comes to be strong. Hobbes did not reflect that the same cause, which prevents a savage from making use of his reason, as our jurists hold, prevents him also from abusing his faculties, as Hobbes himself allows: so that it may be justly said that savages are not bad merely because they do not know what it is to be good: for it is neither the development of the understanding nor the restraint of law that hinders them from doing ill; but the peacefulness of their passions, and their ignorance of vice: tanto plus in illis proficit vitiorum ignoratio, quam in his cognitio virtutis.

There is another principle which has escaped Hobbes; which, having been bestowed on mankind, to moderate, on certain occasions, the impetuosity of egoism, or, before its birth, the desire of self-preservation, tempers the ardour with which he pursues his own welfare, by an innate repugnance at seeing a fellow-creature suffer. I think I need not fear contradiction in holding man to be possessed of the only natural virtue, which could not be denied him by the most violent detractor of human virtue. I am speaking of compassion, which is a disposition suitable to creatures so weak and subject to so many evils as we certainly are: by so much the more universal and useful to mankind, as it comes before any kind of reflection; and at the same time so natural, that the very brutes themselves sometimes give evident proofs of it. Not to mention the tenderness of mothers for their offspring and the perils they encounter to save them from danger, it is well known that horses show a reluctance to trample on living bodies. One animal never passes by the dead body of another of its species: there are even some which give their fellows a sort of burial; while the mournful lowings of the cattle when they enter the slaughter-house show the impressions made on them by the horrible spectacle which meets them. We find, with pleasure, the author of the Fable of the Bees obliged to own that man is a compassionate and sensible being, and laying aside his cold subtlety of style, in the example he gives, to present us with the pathetic description of a man who, from a place of confinement, is compelled to behold a wild beast tear a child from the arms of its mother, grinding its tender limbs with its murderous teeth, and tearing its palpitating entrails with its claws. What horrid agitation must not the eyewitness of such a scene experience, although he would not be personally concerned! What anxiety would he not suffer at not being able to give any assistance to the fainting mother and the dying infant!

Such is the pure emotion of nature, prior to all kinds of reflection! Such is the force of natural compassion, which the greatest depravity of morals has as yet hardly been able to destroy! for we daily find at our theatres men affected, nay shedding tears at the sufferings of a wretch who, were he in the tyrant’s place, would probably even add to the torments of his enemies; like the bloodthirsty Sulla, who was so sensitive to ills he had not caused, or that Alexander of Pheros who did not dare to go and see any tragedy acted, for fear of being seen weeping with Andromache and Priam, though he could listen without emotion to the cries of all the citizens who were daily strangled at his command.

Mollissima corda
Humano generi dare se natura fatetur,
Quœ lacrimas dedit.
Juvenal, Satires, xv. 151

It is then certain that compassion is a natural feeling, which, by moderating the violence of love of self in each individual, contributes to the preservation of the whole species. It is this compassion that hurries us without reflection to the relief of those who are in distress: it is this which in a state of nature supplies the place of laws, morals and virtues, with the advantage that none are tempted to disobey its gentle voice: it is this which will always prevent a sturdy savage from robbing a weak child or a feeble old man of the sustenance they may have with pain and difficulty acquired, if he sees a possibility of providing for himself by other means: it is this which, instead of inculcating that sublime maxim of rational justice. Do to others as you would have them do unto you, inspires all men with that other maxim of natural goodness, much less perfect indeed, but perhaps more useful; Do good to yourself with as little evil as possible to others. In a word, it is rather in this natural feeling than in any subtle arguments that we must look for the cause of that repugnance, which every man would experience in doing evil, even independently of the maxims of education. Although it might belong to Socrates and other minds of the like craft to acquire virtue by reason, the human race would long since have ceased to be, had its preservation depended only on the reasonings of the individuals composing it.Mandeville well knew that, in spite of all their morality, men would have never been better than monsters, had not nature bestowed on them a sense of compassion, to aid their reason: but he did not see that from this quality alone flow all those social virtues, of which he denied man the possession. But what is generosity, clemency or humanity but compassion applied to the weak, to the guilty, or to mankind in general? Even benevolence and friendship are, if we judge rightly, only the effects of compassion, constantly set upon a particular object: for how is it different to wish that another person may not suffer pain and uneasiness and to wish him happy? Were it even true that pity is no more than a feeling, which puts us in the place of the sufferer, a feeling, obscure yet lively in a savage, developed yet feeble in civilised man; this truth would have no other consequence than to confirm my argument. Compassion must, in fact, be the stronger, the more the animal beholding any kind of distress identifies himself with the animal that suffers. Now, it is plain that such identification must have been much more perfect in a state of nature than it is in a state of reason. It is reason that engenders self-respect, and reflection that confirms it: it is reason which turns man’s mind back upon itself, and divides him from everything that could disturb or afflict him. It is philosophy that isolates him, and bids him say, at sight of the misfortunes of others: “Perish if you will, I am secure.” Nothing but such general evils as threaten the whole community can disturb the tranquil sleep of the philosopher, or tear him from his bed. A murder may with impunity be committed under his window; he has only to put his hands to his ears and argue a little with himself, to prevent nature, which is shocked within him, from identifying itself with the unfortunate sufferer. Uncivilised man has not this admirable talent; and for want of reason and wisdom, is always foolishly ready to obey the first promptings of humanity. It is the populace that flocks together at riots and street-brawls, while the wise man prudently makes off. It is the mob and the market-women, who part the combatants, and hinder gentle-folks from cutting one another’s throats.

With passions so little active, and so good a curb, men, being rather wild than wicked, and more intent to guard themselves against the mischief that might be done them, than to do mischief to others, were by no means subject to very perilous dissensions. They maintained no kind of intercourse with one another, and were consequently strangers to vanity, deference, esteem and contempt; they had not the least idea of meum and tuum, and no true conception of justice; they looked upon every violence to which they were subjected, rather as an injury that might easily be repaired than as a crime that ought to be punished; and they never thought of taking revenge, unless perhaps mechanically and on the spot, as a dog will sometimes bite the stone which is thrown at him. Their quarrels therefore would seldom have very bloody consequences; for the subject of them would be merely the question of subsistence. But I am aware of one greater danger, which remains to be noticed.

Of the passions that stir the heart of man, there is one which makes the sexes necessary to each other, and is extremely ardent and impetuous; a terrible passion that braves danger, surmounts all obstacles, and in its transports seems calculated to bring destruction on the human race which it is really destined to preserve. What must become of men who are left to this brutal and boundless rage, without modesty, without shame, and daily upholding their amours at the price of their blood?

It must, in the first place, be allowed that, the more violent the passions are, the more are laws necessary to keep them under restraint. But, setting aside the inadequacy of laws to effect this purpose, which is evident from the crimes and disorders to which these passions daily give rise among us, we should do well to inquire if these evils did not spring up with the laws themselves; for in this case, even if the laws were capable of repressing such evils, it is the least that could be expected from them, that they should check a mischief which would not have arisen without them.

Let us begin by distinguishing between the physical and moral ingredients in the feeling of love. The physical part of love is that general desire which urges the sexes to union with each other. The moral part is that which determines and fixes this desire exclusively upon one particular object; or at least gives it a greater degree of energy toward the object thus preferred. It is easy to see that the moral part of love is a factitious feeling, born of social usage, and enhanced by the women with much care and cleverness, to establish their empire, and put in power the sex which ought to obey. This feeling, being founded on certain ideas of beauty and merit which a savage is not in a position to acquire, and on comparisons which he is incapable of making, must be for him almost non-existent; for, as his mind cannot form abstract ideas of proportion and regularity, so his heart is not susceptible of the feelings of love and admiration, which are even insensibly produced by the application of these ideas. He follows solely the character nature has implanted in him, and not tastes which he could never have acquired; so that every woman equally answers his purpose.

Men in a state of nature being confined merely to what is physical in love, and fortunate enough to be ignorant of those excellences, which whet the appetite while they increase the difficulty of gratifying it, must be subject to fewer and less violent fits of passion, and consequently fall into fewer and less violent disputes. The imagination, which causes such ravages among us, never speaks to the heart of savages, who quietly await the impulses of nature, yield to them involuntarily, with more pleasure than ardour, and, their wants once satisfied, lose the desire. It is therefore incontestable that love, as well as all other passions, must have acquired in society that glowing impetuosity, which makes it so often fatal to mankind. And it is the more absurd to represent savages as continually cutting one another’s throats to indulge their brutality, because this opinion is directly contrary to experience; the Caribbeans, who have as yet least of all deviated from the state of nature, being in fact the most peaceable of people in their amours, and the least subject to jealousy, though they live in a hot climate which seems always to inflame the passions.

With regard to the inferences that might be drawn, in the case of several species of animals, the males of which fill our poultry-yards with blood and slaughter, or in spring make the forests resound with their quarrels over their females; we must begin by excluding all those species, in which nature has plainly established, in the comparative power of the sexes, relations different from those which exist among us: thus we can base no conclusion about men on the habits of fighting cocks. In those species where the proportion is better observed, these battles must be entirely due to the scarcity of females in comparison with males; or, what amounts to the same thing, to the intervals during which the female constantly refuses the advances of the male: for if each female admits the male but during two months in the year, it is the same as if the number of females were five-sixths less. Now, neither of these two cases is applicable to the human species, in which the number of females usually exceeds that of males, and among whom it has never been observed, even among savages, that the females have, like those of other animals, their stated times of passion and indifference. Moreover, in several of these species, the individuals all take fire at once, and there comes a fearful moment of universal passion, tumult and disorder among them; a scene which is never beheld in the human species, whose love is not thus seasonal. We must not then conclude from the combats of such animals for the enjoyment of the females, that the case would be the same with mankind in a state of nature: and, even if we drew such a conclusion, we see that such contests do not exterminate other kinds of animals, and we have no reason to think they would be more fatal to ours. It is indeed clear that they would do still less mischief than is the case in a state of society; especially in those countries in which, morals being still held in some repute, the jealousy of lovers and the vengeance of husbands are the daily cause of duels, murders, and even worse crimes; where the obligation of eternal fidelity only occasions adultery, and the very laws of honour and continence necessarily increase debauchery and lead to the multiplication of abortions.

Let us conclude then that man in a state of nature, wandering up and down the forests, without industry, without speech, and without home, an equal stranger to war and to all ties, neither standing in need of his fellow-creatures nor having any desire to hurt them, and perhaps even not distinguishing them one from another; let us conclude that, being self-sufficient and subject to so few passions, he could have no feelings or knowledge but such as befitted his situation; that he felt only his actual necessities, and disregarded everything he did not think himself immediately concerned to notice, and that his understanding made no greater progress than his vanity. If by accident he made any discovery, he was the less able to communicate it to others, as he did not know even his own children. Every art would necessarily perish with its inventor, where there was no kind of education among men, and generations succeeded generations without the least advance; when, all setting out from the same point, centuries must have elapsed in the barbarism of the first ages; when the race was already old, and man remained a child.

If I have expatiated at such length on this supposed primitive state, it is because I had so many ancient errors and inveterate prejudices to eradicate, and therefore thought it incumbent on me to dig down to their very root, and show, by means of a true picture of the state of nature, how far even the natural inequalities of mankind are from having that reality and influence which modern writers suppose.

It is in fact easy to see that many of the differences which distinguish men are merely the effect of habit and the different methods of life men adopt in society. Thus a robust or delicate constitution, and the strength or weakness attaching to it, are more frequently the effects of a hardy or effeminate method of education than of the original endowment of the body. It is the same with the powers of the mind; for education not only makes a difference between such as are cultured and such as are not, but even increases the differences which exist among the former, in proportion to their respective degrees of culture: as the distance between a giant and a dwarf on the same road increases with every step they take. If we compare the prodigious diversity, which obtains in the education and manner of life of the various orders of men in the state of society, with the uniformity and simplicity of animal and savage life, in which every one lives on the same kind of food and in exactly the same manner, and does exactly the same things, it is easy to conceive how much less the difference between man and man must be in a state of nature than in a state of society, and how greatly the natural inequality of mankind must be increased by the inequalities of social institutions.

But even if nature really affected, in the distribution of her gifts, that partiality which is imputed to her, what advantage would the greatest of her favourites derive from it, to the detriment of others, in a state that admits of hardly any kind of relation between them? Where there is no love, of what advantage is beauty? Of what use is wit to those who do not converse, or cunning to those who have no business with others? I hear it constantly repeated that, in such a state, the strong would oppress the weak; but what is here meant by oppression? Some, it is said, would violently domineer over others, who would groan under a servile submission to their caprices. This indeed is exactly what I observe to be the case among us; but I do not see how it can be inferred of men in a state of nature, who could not easily be brought to conceive what we mean by dominion and servitude. One man, it is true, might seize the fruits which another had gathered, the game he had killed, or the cave he had chosen for shelter; but how would he ever be able to exact obedience, and what ties of dependence could there be among men without possessions? If, for instance, I am driven from one tree, I can go to the next; if I am disturbed in one place, what hinders me from going to another? Again, should I happen to meet with a man so much stronger than myself, and at the same time so depraved, so indolent, and so barbarous, as to compel me to provide for his sustenance while he himself remains idle; he must take care not to have his eyes off me for a single moment; he must bind me fast before he goes to sleep, or I shall certainly either knock him on the head or make my escape. That is to say, he must in such a case voluntarily expose himself to much greater trouble than he seeks to avoid, or can give me. After all this, let him be off his guard ever so little; let him but turn his head aside at any sudden noise, and I shall be instantly twenty paces off, lost in the forest, and, my fetters burst asunder, he would never see me again.

Without my expatiating thus uselessly on these details, every one must see that as the bonds of servitude are formed merely by the mutual dependence of men on one another and the reciprocal needs that unite them, it is impossible to make any man a slave, unless he be first reduced to a situation in which he cannot do without the help of others: and, since such a situation does not exist in a state of nature, every one is there his own master, and the law of the strongest is of no effect.

Having proved that the inequality of mankind is hardly felt, and that its influence is next to nothing in a state of nature, I must next show its origin and trace its progress in the successive developments of the human mind. Having shown that human perfectibility, the social virtues, and the other faculties which natural man potentially possessed, could never develop of themselves, but must require the fortuitous concurrence of many foreign causes that might never arise, and without which he would have remained for ever in his primitive condition, I must now collect and consider the different accidents which may have improved the human understanding while depraving the species, and made man wicked while making him sociable; so as to bring him and the world from that distant period to the point at which we now behold them.

I confess that, as the events I am going to describe might have happened in various ways, I have nothing to determine my choice but conjectures: but such conjectures become reasons, when they are the most probable that can be drawn from the nature of things, and the only means of discovering the truth. The consequences, however, which I mean to deduce will not be barely conjectural; as, on the principles just laid down, it would be impossible to form any other theory that would not furnish the same results, and from which I could not draw the same conclusions.

This will be a sufficient apology for my not dwelling on the manner in which the lapse of time compensates for the little probability in the events; on the surprising power of trivial causes, when their action is constant; on the impossibility, on the one hand, of destroying certain hypotheses, though on the other we cannot give them the certainty of known matters of fact; on its being within the province of history, when two facts are given as real, and have to be connected by a series of intermediate facts, which are unknown or supposed to be so, to supply such facts as may connect them; and on its being in the province of philosophy when history is silent, to determine similar facts to serve the same end; and lastly, on the influence of similarity, which, in the case of events, reduces the facts to a much smaller number of different classes than is commonly imagined. It is enough for me to offer these hints to the consideration of my judges, and to have so arranged that the general reader has no need to consider them at all.

THE SECOND PART

The first man who, having enclosed a piece of ground, bethought himself of saying This is mine, and found people simple enough to believe him, was the real founder of civil society. From how many crimes, wars and murders, from how many horrors and misfortunes might not any one have saved mankind, by pulling up the stakes, or filling up the ditch, and crying to his fellows, “Beware of listening to this impostor; you are undone if you once forget that the fruits of the earth belong to us all, and the earth itself to nobody.” But there is great probability that things had then already come to such a pitch, that they could no longer continue as they were; for the idea of property depends on many prior ideas, which could only be acquired successively, and cannot have been formed all at once in the human mind. Mankind must have made very considerable progress, and acquired considerable knowledge and industry which they must also have transmitted and increased from age to age, before they arrived at this last point of the state of nature. Let us then go farther back, and endeavour to unify under a single point of view that slow succession of events and discoveries in the most natural order.

Man’s first feeling was that of his own existence, and his first care that of self-preservation. The produce of the earth furnished him with all he needed, and instinct told him how to use it. Hunger and other appetites made him at various times experience various modes of existence; and among these was one which urged him to propagate his species — a blind propensity that, having nothing to do with the heart, produced a merely animal act. The want once gratified, the two sexes knew each other no more; and even the offspring was nothing to its mother, as soon as it could do without her.

Such was the condition of infant man; the life of an animal limited at first to mere sensations, and hardly profiting by the gifts nature bestowed on him, much less capable of entertaining a thought of forcing anything from her. But difficulties soon presented themselves, and it became necessary to learn how to surmount them: the height of the trees, which prevented him from gathering their fruits, the competition of other animals desirous of the same fruits, and the ferocity of those who needed them for their own preservation, all obliged him to apply himself to bodily exercises. He had to be active, swift of foot, and vigorous in fight. Natural weapons, stones and sticks, were easily found: he learnt to surmount the obstacles of nature, to contend in case of necessity with other animals, and to dispute for the means of subsistence even with other men, or to indemnify himself for what he was forced to give up to a stronger.

In proportion as the human race grew more numerous, men’s cares increased. The difference of soils, climates and seasons, must have introduced some differences into their manner of living. Barren years, long and sharp winters, scorching summers which parched the fruits of the earth, must have demanded a new industry. On the seashore and the banks of rivers, they invented the hook and line, and became fishermen and eaters of fish. In the forests they made bows and arrows, and became huntsmen and warriors. In cold countries they clothed themselves with the skins of the beasts they had slain. The lightning, a volcano, or some lucky chance acquainted them with fire, a new resource against the rigours of winter: they next learned how to preserve this element, then how to reproduce it, and finally how to prepare with it the flesh of animals which before they had eaten raw.

This repeated relevance of various beings to himself, and one to another, would naturally give rise in the human mind to the perceptions of certain relations between them. Thus the relations which we denote by the terms, great, small, strong, weak, swift, slow, fearful, bold, and the like, almost insensibly compared at need, must have at length produced in him a kind of reflection, or rather a mechanical prudence, which would indicate to him the precautions most necessary to his security.

The new intelligence which resulted from this development increased his superiority over other animals, by making him sensible of it. He would now endeavour, therefore, to ensnare them, would play them a thousand tricks, and though many of them might surpass him in swiftness or in strength, would in time become the master of some and the scourge of others. Thus, the first time he looked into himself, he felt the first emotion of pride; and, at a time when he scarce knew how to distinguish the different orders of beings, by looking upon his species as of the highest order, he prepared the way for assuming pre-eminence as an individual.

Other men, it is true, were not then to him what they now are to us, and he had no greater intercourse with them than with other animals; yet they were not neglected in his observations. The conformities, which he would in time discover between them, and between himself and his female, led him to judge of others which were not then perceptible; and finding that they all behaved as he himself would have done in like circumstances, he naturally inferred that their manner of thinking and acting was altogether in conformity with his own. This important truth, once deeply impressed on his mind, must have induced him, from an intuitive feeling more certain and much more rapid than any kind of reasoning, to pursue the rules of conduct, which he had best observe towards them, for his own security and advantage.

Taught by experience that the love of well-being is the sole motive of human actions, he found himself in a position to distinguish the few cases, in which mutual interest might justify him in relying upon the assistance of his fellows; and also the still fewer cases in which a conflict of interests might give cause to suspect them. In the former case, he joined in the same herd with them, or at most in some kind of loose association, that laid no restraint on its members, and lasted no longer than the transitory occasion that formed it. In the latter case, every one sought his own private advantage, either by open force, if he thought himself strong enough, or by address and cunning, if he felt himself the weaker.

In this manner, men may have insensibly acquired some gross ideas of mutual undertakings, and of the advantages of fulfilling them: that is, just so far as their present and apparent interest was concerned: for they were perfect strangers to foresight, and were so far from troubling themselves about the distant future, that they hardly thought of the morrow. If a deer was to be taken, every one saw that, in order to succeed, he must abide faithfully by his post: but if a hare happened to come within the reach of any one of them, it is not to be doubted that he pursued it without scruple, and, having seized his prey, cared very little, if by so doing he caused his companions to miss theirs.

It is easy to understand that such intercourse would not require a language much more refined than that of rooks or monkeys, who associate together for much the same purpose. Inarticulate cries, plenty of gestures and some imitative sounds, must have been for a long time the universal language; and by the addition, in every country, of some conventional articulate sounds (of which, as I have already intimated, the first institution is not too easy to explain) particular languages were produced; but these were rude and imperfect, and nearly such as are now to be found among some savage nations.

Hurried on by the rapidity of time, by the abundance of things I have to say, and by the almost insensible progress of things in their beginnings, I pass over in an instant a multitude of ages; for the slower the events were in their succession, the more rapidly may they be described.

These first advances enabled men to make others with greater rapidity. In proportion as they grew enlightened, they grew industrious. They ceased to fall asleep under the first tree, or in the first cave that afforded them shelter; they invented several kinds of implements of hard and sharp stones, which they used to dig up the earth, and to cut wood; they then made huts out of branches, and afterwards learnt to plaster them over with mud and clay. This was the epoch of a first revolution, which established and distinguished families, and introduced a kind of property, in itself the source of a thousand quarrels and conflicts. As, however, the strongest were probably the first to build themselves huts which they felt themselves able to defend, it may be concluded that the weak found it much easier and safer to imitate, than to attempt to dislodge them: and of those who were once provided with huts, none could have any inducement to appropriate that of his neighbour; not indeed so much because it did not belong to him, as because it could be of no use, and he could not make himself master of it without exposing himself to a desperate battle with the family which occupied it.

The first expansions of the human heart were the effects of a novel situation, which united husbands and wives, fathers and children, under one roof. The habit of living together soon gave rise to the finest feelings known to humanity, conjugal love and paternal affection. Every family became a little society, the more united because liberty and reciprocal attachment were the only bonds of its union. The sexes, whose manner of life had been hitherto the same, began now to adopt different ways of living. The women became more sedentary, and accustomed themselves to mind the hut and their children, while the men went abroad in search of their common subsistence. From living a softer life, both sexes also began to lose something of their strength and ferocity: but, if individuals became to some extent less able to encounter wild beasts separately, they found it, on the other hand, easier to assemble and resist in common.

The simplicity and solitude of man’s life in this new condition, the paucity of his wants, and the implements he had invented to satisfy them, left him a great deal of leisure, which he employed to furnish himself with many conveniences unknown to his fathers: and this was the first yoke he inadvertently imposed on himself, and the first source of the evils he prepared for his descendants. For, besides continuing thus to enervate both body and mind, these conveniences lost with use almost all their power to please, and even degenerated into real needs, till the want of them became far more disagreeable than the possession of them had been pleasant. Men would have been unhappy at the loss of them, though the possession did not make them happy.

We can here see a little better how the use of speech became established, and insensibly improved in each family, and we may form a conjecture also concerning the manner in which various causes may have extended and accelerated the progress of language, by making it more and more necessary. Floods or earthquakes surrounded inhabited districts with precipices or waters: revolutions of the globe tore off portions from the continent, and made them islands. It is readily seen that among men thus collected and compelled to live together, a common idiom must have arisen much more easily than among those who still wandered through the forests of the continent. Thus it is very possible that after their first essays in navigation the islanders brought over the use of speech to the continent: and it is at least very probable that communities and languages were first established in islands, and even came to perfection there before they were known on the mainland.

Everything now begins to change its aspect. Men, who have up to now been roving in the woods, by taking to a more settled manner of life, come gradually together, form separate bodies, and at length in every country arises a distinct nation, united in character and manners, not by regulations or laws, but by uniformity of life and food, and the common influence of climate. Permanent neighbourhood could not fail to produce, in time, some connection between different families. Among young people of opposite sexes, living in neighbouring huts, the transient commerce required by nature soon led, through mutual intercourse, to another kind not less agreeable, and more permanent. Men began now to take the difference between objects into account, and to make comparisons; they acquired imperceptibly the ideas of beauty and merit, which soon gave rise to feelings of preference. In consequence of seeing each other often, they could not do without seeing each other constantly. A tender and pleasant feeling insinuated itself into their souls, and the least opposition turned it into an impetuous fury: with love arose jealousy; discord triumphed, and human blood was sacrificed to the gentlest of all passions.

As ideas and feelings succeeded one another, and heart and head were brought into play, men continued to lay aside their original wildness; their private connections became every day more intimate as their limits extended. They accustomed themselves to assemble before their huts round a large tree; singing and dancing, the true offspring of love and leisure, became the amusement, or rather the occupation, of men and women thus assembled together with nothing else to do. Each one began to consider the rest, and to wish to be considered in turn; and thus a value came to be attached to public esteem. Whoever sang or danced best, whoever was the handsomest, the strongest, the most dexterous, or the most eloquent, came to be of most consideration; and this was the first step towards inequality, and at the same time towards vice. From these first distinctions arose on the one side vanity and contempt and on the other shame and envy: and the fermentation caused by these new leavens ended by producing combinations fatal to innocence and happiness.

As soon as men began to value one another, and the idea of consideration had got a footing in the mind, every one put in his claim to it, and it became impossible to refuse it to any with impunity. Hence arose the first obligations of civility even among savages; and every intended injury became an affront; because, besides the hurt which might result from it, the party injured was certain to find in it a contempt for his person, which was often more insupportable than the hurt itself.

Thus, as every man punished the contempt shown him by others, in proportion to his opinion of himself, revenge became terrible, and men bloody and cruel. This is precisely the state reached by most of the savage nations known to us: and it is for want of having made a proper distinction in our ideas, and see how very far they already are from the state of nature, that so many writers have hastily concluded that man is naturally cruel, and requires civil institutions to make him more mild; whereas nothing is more gentle than man in his primitive state, as he is placed by nature at an equal distance from the stupidity of brutes, and the fatal ingenuity of civilised man. Equally confined by instinct and reason to the sole care of guarding himself against the mischiefs which threaten him, he is restrained by natural compassion from doing any injury to others, and is not led to do such a thing even in return for injuries received. For, according to the axiom of the wise Locke, There can be no injury, where there is no property.

But it must be remarked that the society thus formed, and the relations thus established among men, required of them qualities different from those which they possessed from their primitive constitution. Morality began to appear in human actions, and every one, before the institution of law, was the only judge and avenger of the injuries done him, so that the goodness which was suitable in the pure state of nature was no longer proper in the new-born state of society. Punishments had to be made more severe, as opportunities of offending became more frequent, and the dread of vengeance had to take the place of the rigour of the law. Thus, though men had become less patient, and their natural compassion had already suffered some diminution, this period of expansion of the human faculties, keeping a just mean between the indolence of the primitive state and the petulant activity of our egoism, must have been the happiest and most stable of epochs. The more we reflect on it, the more we shall find that this state was the least subject to revolutions, and altogether the very best man could experience; so that he can have departed from it only through some fatal accident, which, for the public good, should never have happened. The example of savages, most of whom have been found in this state, seems to prove that men were meant to remain in it, that it is the real youth of the world, and that all subsequent advances have been apparently so many steps towards the perfection of the individual, but in reality towards the decrepitude of the species.

So long as men remained content with their rustic huts, so long as they were satisfied with clothes made of the skins of animals and sewn together with thorns and fish-bones, adorned themselves only with feathers and shells, and continued to paint their bodies different colours, to improve and beautify their bows and arrows and to make with sharp-edged stones fishing boats or clumsy musical instruments; in a word, so long as they undertook only what a single person could accomplish, and confined themselves to such arts as did not require the joint labour of several hands, they lived free, healthy, honest and happy lives, so long as their nature allowed, and as they continued to enjoy the pleasures of mutual and independent intercourse. But from the moment one man began to stand in need of the help of another; from the moment it appeared advantageous to any one man to have enough provisions for two, equality disappeared, property was introduced, work became indispensable, and vast forests became smiling fields, which man had to water with the sweat of his brow, and where slavery and misery were soon seen to germinate and grow up with the crops.

Metallurgy and agriculture were the two arts which produced this great revolution. The poets tell us it was gold and silver, but, for the philosophers, it was iron and corn, which first civilised men, and ruined humanity. Thus both were unknown to the savages of America, who for that reason are still savage: the other nations also seem to have continued in a state of barbarism while they practised only one of these arts. One of the best reasons, perhaps, why Europe has been, if not longer, at least more constantly and highly civilised than the rest of the world, is that it is at once the most abundant in iron and the most fertile in corn.

It is difficult to conjecture how men first came to know and use iron; for it is impossible to suppose they would of themselves think of digging the ore out of the mine, and preparing it for smelting, before they knew what would be the result. On the other hand, we have the less reason to suppose this discovery the effect of any accidental fire, as mines are only formed in barren places, bare of trees and plants; so that it looks as if nature had taken pains to keep that fatal secret from us. There remains, therefore, only the extraordinary accident of some volcano which, by ejecting metallic substances already in fusion, suggested to the spectators the idea of imitating the natural operation. And we must further conceive them as possessed of uncommon courage and foresight, to undertake so laborious a work, with so distant a prospect of drawing advantage from it; yet these qualities are united only in minds more advanced than we can suppose those of these first discoverers to have been.

With regard to agriculture, the principles of it were known long before they were put in practice; and it is indeed hardly possible that men, constantly employed in drawing their subsistence from plants and trees, should not readily acquire a knowledge of the means made use of by nature for the propagation of vegetables. It was in all probability very long, however, before their industry took that turn, either because trees, which together with hunting and fishing afforded them food, did not require their attention; or because they were ignorant of the use of corn, or without instruments to cultivate it; or because they lacked foresight to future needs; or lastily, because they were without means of preventing others from robbing them of the fruit of their labour.

When they grew more industrious, it is natural to believe that they began, with the help of sharp stones and pointed sticks, to cultivate a few vegetables or roots around their huts; though it was long before they knew how to prepare corn, or were provided with the implements necessary for raising it in any large quantity; not to mention how essential it is, for husbandry, to consent to immediate loss, in order to reap a future gain — a precaution very foreign to the turn of a savage’s mind; for, as I have said, he hardly foresees in the morning what he will need at night.

The invention of the other arts must therefore have been necessary to compel mankind to apply themselves to agriculture. No sooner were artificers wanted to smelt and forge iron, than others were required to maintain them; the more hands that were employed in manufactures, the fewer were left to provide for the common subsistence, though the number of mouths to be furnished with food remained the same: and as some required commodities in exchange for their iron, the rest at length discovered the method of making iron serve for the multiplication of commodities. By this means the arts of husbandry and agriculture were established on the one hand, and the art of working metals and multiplying their uses on the other.

The cultivation of the earth necessarily brought about its distribution; and property, once recognised, gave rise to the first rules of justice; for, to secure each man his own, it had to be possible for each to have something. Besides, as men began to look forward to the future, and all had something to lose, every one had reason to apprehend that reprisals would follow any injury he might do to another. This origin is so much the more natural, as it is impossible to conceive how property can come from anything but manual labour: for what else can a man add to things which he does not originally create, so as to make them his own property? It is the husbandman’s labour alone that, giving him a title to the produce of the ground he has tilled, gives him a claim also to the land itself, at least till harvest, and so, from year to year, a constant possession which is easily transformed into property. When the ancients, says Grotius, gave to Ceres the title of Legislatrix, and to a festival celebrated in her honour the name of Thesmophoria, they meant by that that the distribution of lands had produced a new kind of right: that is to say, the right of property, which is different from the right deducible from the law of nature.

In this state of affairs, equality might have been sustained, had the talents of individuals been equal, and had, for example, the use of iron and the consumption of commodities always exactly balanced each other; but, as there was nothing to preserve this balance, it was soon disturbed; the strongest did most work; the most skilful turned his labour to best account; the most ingenious devised methods of diminishing his labour: the husbandman wanted more iron, or the smith more corn, and, while both laboured equally, the one gained a great deal by his work, while the other could hardly support himself. Thus natural inequality unfolds itself insensibly with that of combination, and the difference between men, developed by their different circumstances, becomes more sensible and permanent in its effects, and begins to have an influence, in the same proportion, over the lot of individuals.

Matters once at this pitch, it is easy to imagine the rest. I shall not detain the reader with a description of the successive invention of other arts, the development of language, the trial and utilisation of talents, the inequality of fortunes, the use and abuse of riches, and all the details connected with them which the reader can easily supply for himself. I shall confine myself to a glance at mankind in this new situation.

Behold then all human faculties developed, memory and imagination in full play, egoism interested, reason active, and the mind almost at the highest point of its perfection. Behold all the natural qualities in action, the rank and condition of every man assigned him; not merely his share of property and his power to serve or injure others, but also his wit, beauty, strength or skill, merit or talents: and these being the only qualities capable of commanding respect, it soon became necessary to possess or to affect them.

It now became the interest of men to appear what they really were not. To be and to seem became two totally different things; and from this distinction sprang insolent pomp and cheating trickery, with all the numerous vices that go in their train. On the other hand, free and independent as men were before, they were now, in consequence of a multiplicity of new wants, brought into subjection, as it were, to all nature, and particularly to one another; and each became in some degree a slave even in becoming the master of other men: if rich, they stood in need of the services of others; if poor, of their assistance; and even a middle condition did not enable them to do without one another. Man must now, therefore, have been perpetually employed in getting others to interest themselves in his lot, and in making them, apparently at least, if not really, find their advantage in promoting his own. Thus he must have been sly and artful in his behaviour to some, and imperious and cruel to others; being under a kind of necessity to ill-use all the persons of whom he stood in need, when he could not frighten them into compliance, and did not judge it his interest to be useful to them. Insatiable ambition, the thirst of raising their respective fortunes, not so much from real want as from the desire to surpass others, inspired all men with a vile propensity to injure one another, and with a secret jealousy, which is the more dangerous, as it puts on the mask of benevolence, to carry its point with greater security. In a word, there arose rivalry and competition on the one hand, and conflicting interests on the other, together with a secret desire on both of profiting at the expense of others. All these evils were the first effects of property, and the inseparable attendants of growing inequality.

Before the invention of signs to represent riches, wealth could hardly consist in anything but lands and cattle, the only real possessions men can have. But, when inheritances so increased in number and extent as to occupy the whole of the land, and to border on one another, one man could aggrandise himself only at the expense of another; at the same time the supernumeraries, who had been too weak or too indolent to make such acquisitions, and had grown poor without sustaining any loss, because, while they saw everything change around them, they remained still the same, were obliged to receive their subsistence, or steal it, from the rich; and this soon bred, according to their different characters, dominion and slavery, or violence and rapine. The wealthy, on their part, had no sooner begun to taste the pleasure of command, than they disdained all others, and, using their old slaves to acquire new, thought of nothing but subduing and enslaving their neighbours; like ravenous wolves, which, having once tasted human flesh, despise every other food and thenceforth seek only men to devour.

Thus, as the most powerful or the most miserable considered their might or misery as a kind of right to the possessions of others, equivalent, in their opinion, to that of property, the destruction of equality was attended by the most terrible disorders. Usurpations by the rich, robbery by the poor, and the unbridled passions of both, suppressed the cries of natural compassion and the still feeble voice of justice, and filled men with avarice, ambition and vice. Between the title of the strongest and that of the first occupier, there arose perpetual conflicts, which never ended but in battles and bloodshed. The new-born state of society thus gave rise to a horrible state of war; men thus harassed and depraved were no longer capable of retracing their steps or renouncing the fatal acquisitions they had made, but, labouring by the abuse of the faculties which do them honour, merely to their own confusion, brought themselves to the brink of ruin.

Attonitus novitate mali, divesque miserque,
Effugere optat opes; et quæ modo voverat odit.

Far fewer words to this purpose would have been enough to impose on men so barbarous and easily seduced; especially as they had too many disputes among themselves to do without arbitrators, and too much ambition and avarice to go long without masters. All ran headlong to their chains, in hopes of securing their liberty; for they had just wit enough to perceive the advantages of political institutions, without experience enough to enable them to foresee the dangers. The most capable of foreseeing the dangers were the very persons who expected to benefit by them; and even the most prudent judged it not inexpedient to sacrifice one part of their freedom to ensure the rest; as a wounded man has his arm cut off to save the rest of his body.With this view, after having represented to his neighbours the horror of a situation which armed every man against the rest, and made their possessions as burdensome to them as their wants, and in which no safety could be expected either in riches or in poverty, he readily devised plausible arguments to make them close with his design. “Let us join,” said he, “to guard the weak from oppression, to restrain the ambitious, and secure to every man the possession of what belongs to him: let us institute rules of justice and peace, to which all without exception may be obliged to conform; rules that may in some measure make amends for the caprices of fortune, by subjecting equally the powerful and the weak to the observance of reciprocal obligations. Let us, in a word, instead of turning our forces against ourselves, collect them in a supreme power which may govern us by wise laws, protect and defend all the members of the association, repulse their common enemies, and maintain eternal harmony among us.”It is impossible that men should not at length have reflected on so wretched a situation, and on the calamities that overwhelmed them. The rich, in particular, must have felt how much they suffered by a constant state of war, of which they bore all the expense; and in which, though all risked their lives, they alone risked their property. Besides, however speciously they might disguise their usurpations, they knew that they were founded on precarious and false titles; so that, if others took from them by force what they themselves had gained by force, they would have no reason to complain. Even those who had been enriched by their own industry, could hardly base their proprietorship on better claims. It was in vain to repeat, “I built this well; I gained this spot by my industry.” Who gave you your standing, it might be answered, and what right have you to demand payment of us for doing what we never asked you to do? Do you not know that numbers of your fellow-creatures are starving, for want of what you have too much of? You ought to have had the express and universal consent of mankind, before appropriating more of the common subsistence than you needed for your own maintenance. Destitute of valid reasons to justify and sufficient strength to defend himself, able to crush individuals with ease, but easily crushed himself by a troop of bandits, one against all, and incapable, on account of mutual jealousy, of joining with his equals against numerous enemies united by the common hope of plunder, the rich man, thus urged by necessity, conceived at length the profoundest plan that ever entered the mind of man: this was to employ in his favour the forces of those who attacked him, to make allies of his adversaries, to inspire them with different maxims, and to give them other institutions as favourable to himself as the law of nature was unfavourable.

Such was, or may well have been, the origin of society and law, which bound new fetters on the poor, and gave new powers to the rich; which irretrievably destroyed natural liberty, eternally fixed the law of property and inequality, converted clever usurpation into unalterable right, and, for the advantage of a few ambitious individuals, subjected all mankind to perpetual labour, slavery and wretchedness. It is easy to see how the establishment of one community made that of all the rest necessary, and how, in order to make head against united forces, the rest of mankind had to unite in turn. Societies soon multiplied and spread over the face of the earth, till hardly a corner of the world was left in which a man could escape the yoke, and withdraw his head from beneath the sword which he saw perpetually hanging over him by a thread. Civil right having thus become the common rule among the members of each community, the law of nature maintained its place only between different communities, where, under the name of the right of nations, it was qualified by certain tacit conventions, in order to make commerce practicable, and serve as a substitute for natural compassion, which lost, when applied to societies, almost all the influence it had over individuals, and survived no longer except in some great cosmopolitan spirits, who, breaking down the imaginary barriers that separate different peoples, follow the example of our Sovereign Creator, and include the whole human race in their benevolence.

But bodies politic, remaining thus in a state of nature among themselves, presently experienced the inconveniences which had obliged individuals to forsake it; for this state became still more fatal to these great bodies than it had been to the individuals of whom they were composed. Hence arose national wars, battles, murders, and reprisals, which shock nature and outrage reason; together with all those horrible prejudices which class among the virtues the honour of shedding human blood. The most distinguished men hence learned to consider cutting each other’s throats a duty; at length men massacred their fellow-creatures by thousands without so much as knowing why, and committed more murders in a single day’s fighting, and more violent outrages in the sack of a single town, than were committed in the state of nature during whole ages over the whole earth. Such were the first effects which we can see to have followed the division of mankind into different communities. But let us return to their institutions.

I know that some writers have given other explanations of the origin of political societies, such as the conquest of the powerful, or the association of the weak. It is, indeed, indifferent to my argument which of these causes we choose. That which I have just laid down, however, appears to me the most natural for the following reasons. First: because, in the first case, the right of conquest, being no right in itself, could not serve as a foundation on which to build any other; the victor and the vanquished people still remained with respect to each other in the state of war, unless the vanquished, restored to the full possession of their liberty, voluntarily made choice of the victor for their chief. For till then, whatever capitulation may have been made being founded on violence, and therefore ipso facto void, there could not have been on this hypothesis either a real society or body politic, or any law other than that of the strongest. Secondly: because the words strong and weak are, in the second case, ambiguous; for during the interval between the establishment of a right of property, or prior occupancy, and that of political government, the meaning of these words is better expressed by the terms rich and poor: because, in fact, before the institution of laws, men had no other way of reducing their equals to submission, than by attacking their goods, or making some of their own over to them. Thirdly: because, as the poor had nothing but their freedom to lose, it would have been in the highest degree absurd for them to resign voluntarily the only good they still enjoyed, without getting anything in exchange: whereas the rich having feelings, if I may so express myself, in every part of their possessions, it was much easier to harm them, and therefore more necessary for them to take precautions against it; and, in short, because it is more reasonable to suppose a thing to have been invented by those to whom it would be of service, than by those whom it must have harmed.

Government had, in its infancy, no regular and constant form. The want of experience and philosophy prevented men from seeing any but present inconveniences, and they thought of providing against others only as they presented themselves. In spite of the endeavours of the wisest legislators, the political state remained imperfect, because it was little more than the work of chance; and, as it had begun ill, though time revealed its defects and suggested remedies, the original faults were never repaired. It was continually being patched up, when the first task should have been to get the site cleared and all the old materials removed, as was done by Lycurgus at Sparta, if a stable and lasting edifice was to be erected. Society consisted at first merely of a few general conventions, which every member bound himself to observe; and for the performance of covenants the whole body went security to each individual. Experience only could show the weakness of such a constitution, and how easily it might be infringed with impunity, from the difficulty of convicting men of faults, where the public alone was to be witness and judge: the laws could not but be eluded in many ways; disorders and inconveniences could not but multiply continually, till it became necessary to commit the dangerous trust of public authority to private persons, and the care of enforcing obedience to the deliberations of the people to the magistrate. For to say that chiefs were chosen before the confederacy was formed, and that the administrators of the laws were there before the laws themselves, is too absurd a supposition to consider seriously.

It would be as unreasonable to suppose that men at first threw themselves irretrievably and unconditionally into the arms of an absolute master, and that the first expedient which proud and unsubdued men hit upon for their common security was to run headlong into slavery. For what reason, in fact, did they take to themselves superiors, if it was not in order that they might be defended from oppression, and have protection for their lives, liberties and properties, which are, so to speak, the constituent elements of their being? Now, in the relations between man and man, the worst that can happen is for one to find himself at the mercy of another, and it would have been inconsistent with common-sense to begin by bestowing on a chief the only things they wanted his help to preserve. What equivalent could he offer them for so great a right? And if he had presumed to exact it under pretext of defending them, would he not have received the answer recorded in the fable: “What more can the enemy do to us?” It is therefore beyond dispute, and indeed the fundamental maxim of all political right, that people have set up chiefs to protect their liberty, and not to enslave them. If we have a prince, said Pliny to Trajan, it is to save ourselves from having a master.

Politicians indulge in the same sophistry about the love of liberty as philosophers about the state of nature. They judge, by what they see, of very different things, which they have not seen; and attribute to man a natural propensity to servitude, because the slaves within their observation are seen to bear the yoke with patience; they fail to reflect that it is with liberty as with innocence and virtue; the value is known only to those who possess them, and the taste for them is forfeited when they are forfeited themselves. “I know the charms of your country,” said Brasidas to a satrap, who was comparing the life at Sparta with that at Persepolis, “but you cannot know the pleasures of mine.”

An unbroken horse erects his mane, paws the ground and starts back impetuously at the sight of the bridle; while one which is properly trained suffers patiently even whip and spur: so savage man will not bend his neck to the yoke to which civilised man submits without a murmur, but prefers the most turbulent state of liberty to the most peaceful slavery. We cannot therefore, from the servility of nations already enslaved, judge of the natural disposition of mankind for or against slavery; we should go by the prodigious efforts of every free people to save itself from oppression. I know that the former are for ever holding forth in praise of the tranquillity they enjoy in their chains, and that they call a state of wretched servitude a state of peace: miserrimam servitutem pacem appellant. But when I observe the latter sacrificing pleasure, peace, wealth, power and life itself to the preservation of that one treasure, which is so disdained by those who have lost it; when I see free-born animals dash their brains out against the bars of their cage, from an innate impatience of captivity; when I behold numbers of naked savages, that despise European pleasures, braving hunger, fire, the sword and death, to preserve nothing but their independence, I feel that it is not for slaves to argue about liberty.

With regard to paternal authority, from which some writers have derived absolute government and all society, it is enough, without going back to the contrary arguments of Locke and Sidney, to remark that nothing on earth can be further from the ferocious spirit of despotism than the mildness of that authority which looks more to the advantage of him who obeys than to that of him who commands; that, by the law of nature, the father is the child’s master no longer than his help is necessary; that from that time they are both equal, the son being perfectly independent of the father, and owing him only respect and not obedience. For gratitude is a duty which ought to be paid, but not a right to be exacted: instead of saying that civil society is derived from paternal authority, we ought to say rather that the latter derives its principal force from the former. No individual was ever acknowledged as the father of many, till his sons and daughters remained settled around him. The goods of the father, of which he is really the master, are the ties which keep his children in dependence, and he may bestow on them, if he pleases, no share of his property, unless they merit it by constant deference to his will. But the subjects of an arbitrary despot are so far from having the like favour to expect from their chief, that they themselves and everything they possess are his property, or at least are considered by him as such; so that they are forced to receive, as a favour, the little of their own he is pleased to leave them. When he despoils them, he does but justice, and mercy in that he permits them to live.

By proceeding thus to test fact by right, we should discover as little reason as truth in the voluntary establishment of tyranny. It would also be no easy matter to prove the validity of a contract binding on only one of the parties, where all the risk is on one side, and none on the other; so that no one could suffer but he who bound himself. This hateful system is indeed, even in modern times, very far from being that of wise and good monarchs, and especially of the kings of France; as may be seen from several passages in their edicts; particularly from the following passage in a celebrated edict published in 1667 in the name and by order of Louis XIV.

“Let it not, therefore, be said that the Sovereign is not subject to the laws of his State; since the contrary is a true proposition of the right of nations, which flattery has sometimes attacked but good princes have always defended as the tutelary divinity of their dominions. How much more legitimate is it to say with the wise Plato, that the perfect felicity of a kingdom consists in the obedience of subjects to their prince, and of the prince to the laws, and in the laws being just and constantly directed to the public good!”

I shall not stay here to inquire whether, as liberty is the noblest faculty of man, it is not degrading our very nature, reducing ourselves to the level of the brutes, which are mere slaves of instinct, and even an affront to the Author of our being, to renounce without reserve the most precious of all His gifts, and to bow to the necessity of committing all the crimes He has forbidden, merely to gratify a mad or a cruel master; or if this sublime craftsman ought not to be less angered at seeing His workmanship entirely destroyed than thus dishonoured. I will waive (if my opponents please) the authority of Barbeyrac, who, following Locke, roundly declares that no man can so far sell his liberty as to submit to an arbitrary power which may use him as it likes. For, he adds, this would be to sell his own life, of which he is not master. I shall ask only what right those who were not afraid thus to debase themselves could have to subject their posterity to the same ignominy, and to renounce for them those blessings which they do not owe to the liberality of their progenitors, and without which life itself must be a burden to all who are worthy of it.

Puffendorf says that we may divest ourselves of our liberty in favour of other men, just as we transfer our property from one to another by contracts and agreements. But this seems a very weak argument. For in the first place, the property I alienate becomes quite foreign to me, nor can I suffer from the abuse of it; but it very nearly concerns me that my liberty should not be abused, and I cannot without incurring the guilt of the crimes I may be compelled to commit, expose myself to become an instrument of crime. Besides, the right of property being only a convention of human institution, men may dispose of what they possess as they please: but this is not the case with the essential gifts of nature, such as life and liberty, which every man is permitted to enjoy, and of which it is at least doubtful whether any have a right to divest themselves. By giving up the one, we degrade our being; by giving up the other, we do our best to annul it; and, as no temporal good can indemnify us for the loss of either, it would be an offence against both reason and nature to renounce them at any price whatsoever. But, even if we could transfer our liberty, as we do our property, there would be a great difference with regard to the children, who enjoy the father’s substance only by the transmission of his right; whereas, liberty being a gift which they hold from nature as being men, their parents have no right whatever to deprive them of it. As then, to establish slavery, it was necessary to do violence to nature, so, in order to perpetuate such a right, nature would have to be changed. Jurists, who have gravely determined that the child of a slave comes into the world a slave, have decided, in other words, that a man shall come into the world not a man.

I regard it then as certain, that government did not begin with arbitrary power, but that this is the depravation, the extreme term, of government, and brings it back, finally, to just the law of the strongest, which it was originally designed to remedy. Supposing, however, it had begun in this manner, such power, being in itself illegitimate, could not have served as a basis for the laws of society, nor, consequently, for the inequality they instituted.

Without entering at present upon the investigations which still remain to be made into the nature of the fundamental compact underlying all government, I content myself with adopting the common opinion concerning it, and regard the establishment of the political body as a real contract between the people and the chiefs chosen by them: a contract by which both parties bind themselves to observe the laws therein expressed, which form the ties of their union. The people having in respect of their social relations concentrated all their wills in one, the several articles, concerning which this will is explained, become so many fundamental laws, obligatory on all the members of the State without exception, and one of these articles regulates the choice and power of the magistrates appointed to watch over the execution of the rest. This power extends to everything which may maintain the constitution, without going so far as to alter it. It is accompanied by honours, in order to bring the laws and their administrators into respect. The ministers are also distinguished by personal prerogatives, in order to recompense them for the cares and labour which good administration involves. The magistrate, on his side, binds himself to use the power he is entrusted with only in conformity with the intention of his constituents, to maintain them all in the peaceable possession of what belongs to them, and to prefer on every occasion the public interest to his own.

Before experience had shown, or knowledge of the human heart enabled men to foresee, the unavoidable abuses of such a constitution, it must have appeared so much the more excellent, as those who were charged with the care of its preservation had themselves most interest in it; for magistracy and the rights attaching to it being based solely on the fundamental laws, the magistrates would cease to be legitimate as soon as these ceased to exist; the people would no longer owe them obedience; and as not the magistrates, but the laws, are essential to the being of a State, the members of it would regain the right to their natural liberty.

If we reflect with ever so little attention on this subject, we shall find new arguments to confirm this truth, and be convinced from the very nature of the contract that it cannot be irrevocable: for, if there were no superior power capable of ensuring the fidelity of the contracting parties, or compelling them to perform their reciprocal engagements, the parties would be sole judges in their own cause, and each would always have a right to renounce the contract, as soon as he found that the other had violated its terms, or that they no longer suited his convenience. It is upon this principle that the right of abdication may possibly be founded. Now, if, as here, we consider only what is human in this institution, it is certain that, if the magistrate, who has all the power in his own hands, and appropriates to himself all the advantages of the contract, has none the less a right to renounce his authority, the people, who suffer for all the faults of their chief, must have a much better right to renounce their dependence. But the terrible and innumerable quarrels and disorders that would necessarily arise from so dangerous a privilege, show, more than anything else, how much human government stood in need of a more solid basis than mere reason, and how expedient it was for the public tranquillity that the divine will should interpose to invest the sovereign authority with a sacred and inviolable character, which might deprive subjects of the fatal right of disposing of it. If the world had received no other advantages from religion, this would be enough to impose on men the duty of adopting and cultivating it, abuses and all, since it has been the means of saving more blood than fanaticism has ever spilt. But let us follow the thread of our hypothesis.

The different forms of government owe their origin to the differing degrees of inequality which existed between individuals at the time of their institution. If there happened to be any one man among them pre-eminent in power, virtue, riches or personal influence, he became sole magistrate, and the State assumed the form of monarchy. If several, nearly equal in point of eminence, stood above the rest, they were elected jointly, and formed an aristocracy. Again, among a people who had deviated less from a state of nature, and between whose fortune or talents there was less disproportion, the supreme administration was retained in common, and a democracy was formed. It was discovered in process of time which of these forms suited men the best. Some peoples remained altogether subject to the laws; others soon came to obey their magistrates. The citizens laboured to preserve their liberty; the subjects, irritated at seeing others enjoying a blessing they had lost, thought only of making slaves of their neighbours. In a word, on the one side arose riches and conquests, and on the other happiness and virtue.

In these different governments, all the offices were at first elective; and when the influence of wealth was out of the question, the preference was given to merit, which gives a natural ascendancy, and to age, which is experienced in business and deliberate in council. The Elders of the Hebrews, the Gerontes at Sparta, the Senate at Rome, and the very etymology of our word Seigneur, show how old age was once held in veneration. But the more often the choice fell upon old men, the more often elections had to be repeated, and the more they became a nuisance; intrigues set in, factions were formed, party feeling grew bitter, civil wars broke out; the lives of individuals were sacrificed to the pretended happiness of the State; and at length men were on the point of relapsing into their primitive anarchy. Ambitious chiefs profited by these circumstances to perpetuate their offices in their own families: at the same time the people, already used to dependence, ease, and the conveniences of life, and already incapable of breaking its fetters, agreed to an increase of its slavery, in order to secure its tranquillity. Thus magistrates, having become hereditary, contracted the habit of considering their offices as a family estate, and themselves as proprietors of the communities of which they were at first only the officers, of regarding their fellow-citizens as their slaves, and numbering them, like cattle, among their belongings, and of calling themselves the equals of the gods and kings of kings.

If we follow the progress of inequality in these various revolutions, we shall find that the establishment of laws and of the right of property was its first term, the institution of magistracy the second, and the conversion of legitimate into arbitrary power the third and last; so that the condition of rich and poor was authorised by the first period; that of powerful and weak by the second; and only by the third that of master and slave, which is the last degree of inequality, and the term at which all the rest remain, when they have got so far, till the government is either entirely dissolved by new revolutions, or brought back again to legitimacy.

To understand this progress as necessary we must consider not so much the motives for the establishment of the body politic, as the forms it assumes in actuality, and the faults that necessarily attend it: for the flaws which make social institutions necessary are the same as make the abuse of them unavoidable. If we except Sparta, where the laws were mainly concerned with the education of children, and where Lycurgus established such morality as practically made laws needles — for laws as a rule, being weaker than the passions, restrain men without altering them — it would not be difficult to prove that every government, which scrupulously complied with the ends for which it was instituted, and guarded carefully against change and corruption, was set up unnecessarily. For a country, in which no one either evaded the laws or made a bad use of magisterial power, could require neither laws nor magistrates.

Political distinctions necessarily produce civil distinctions. The growing equality between the chiefs and the people is soon felt by individuals, and modified in a thousand ways according to passions, talents and circumstances. The magistrate could not usurp any illegitimate power, without giving distinction to the creatures with whom he must share it. Besides, individuals only allow themselves to be oppressed so far as they are hurried on by blind ambition, and, looking rather below than above them, come to love authority more than independence, and submit to slavery, that they may in turn enslave others. It is no easy matter to reduce to obedience a man who has no ambition to command; nor would the most adroit politician find it possible to enslave a people whose only desire was to be independent. But inequality easily makes its way among cowardly and ambitious minds, which are ever ready to run the risks of fortune, and almost indifferent whether they command or obey, as it is favourable or adverse. Thus, there must have been a time, when the eyes of the people were so fascinated, that their rules had only to say to the least of men, “Be great, you and all your posterity,” to make him immediately appear great in the eyes of every one as well as in his own. His descendants took still more upon them, in proportion to their distance from him; the more obscure and uncertain the cause, the greater the effect: the greater the number of idlers one could count in a family, the more illustrious it was held to be.

If this were the place to go into details, I could readily explain how, even without the intervention of government, inequality of credit and authority became unavoidable among private persons, as soon as their union in a single society made them compare themselves one with another, and take into account the differences which they found out from the continual intercourse every man had to have with his neighbours. These differences are of several kinds; but riches, nobility or rank, power and personal merit being the principal distinctions by which men form an estimate of each other in society, I could prove that the harmony or conflict of these different forces is the surest indication of the good or bad constitution of a State. I could show that among these four kinds of inequality, personal qualities being the origin of all the others, wealth is the one to which they are all reduced in the end; for, as riches tend most immediately to the prosperity of individuals, and are easiest to communicate, they are used to purchase every other distinction. By this observation we are enabled to judge pretty exactly how far a people has departed from its primitive constitution, and of its progress towards the extreme term of corruption. I could explain how much this universal desire for reputation, honours and advancement, which inflames us all, exercises and holds up to comparison our faculties and powers; how it excites and multiplies our passions, and, by creating universal competition and rivalry, or rather enmity, among men, occasions numberless failures, successes and disturbances of all kinds by making so many aspirants run the same course. I could show that it is to this desire of being talked about, and this unremitting rage of distinguishing ourselves, that we owe the best and the worst things we possess, both our virtues and our vices, our science and our errors, our conquerors and our philosophers; that is to say, a great many bad things, and a very few good ones. In a word, I could prove that, if we have a few rich and powerful men on the pinnacle of fortune and grandeur, while the crowd grovels in want and obscurity, it is because the former prize what they enjoy only in so far as others are destitute of it; and because, without changing their condition, they would cease to be happy the moment the people ceased to be wretched.

These details alone, however, would furnish matter for a considerable work, in which the advantages and disadvantages of every kind of government might be weighed, as they are related to man in the state of nature, and at the same time all the different aspects, under which inequality has up to the present appeared, or may appear in ages yet to come, according to the nature of the several governments, and the alterations which time must unavoidably occasion in them, might be demonstrated. We should then see the multitude oppressed from within, in consequence of the very precautions it had taken to guard against foreign tyranny. We should see oppression continually gain ground without it being possible for the oppressed to know where it would stop, or what legitimate means was left them of checking its progress. We should see the rights of citizens, and the freedom of nations slowly extinguished, and the complaints, protests and appeals of the weak treated as seditious murmurings. We should see the honour of defending the common cause confined by statecraft to a mercenary part of the people. We should see taxes made necessary by such means, and the disheartened husbandman deserting his fields even in the midst of peace, and leaving the plough to gird on the sword. We should see fatal and capricious codes of honour established; and the champions of their country sooner or later becoming its enemies, and for ever holding their daggers to the breasts of their fellow-citizens. The time would come when they would be heard saying to the oppressor of their country —

Pectore si fratris gladium juguloque parentis
Condere me jubeas, gravidœque in viscera partu
Conjugis, invita peragam tamen omnia dextrâ.
Lucan, i. 376

It is from the midst of this disorder and these revolutions, that despotism, gradually raising up its hideous head and devouring everything that remained sound and untainted in any part of the State, would at length trample on both the laws and the people, and establish itself on the ruins of the republic. The times which immediately preceded this last change would be times of trouble and calamity; but at length the monster would swallow up everything, and the people would no longer have either chiefs or laws, but only tyrants. From this moment there would be no question of virtue or morality; for despotism cui ex honesto nulla est spes, wherever it prevails, admits no other master; it no sooner speaks than probity and duty lose their weight and blind obedience is the only virtue which slaves can still practise.From great inequality of fortunes and conditions, from the vast variety of passions and of talents, of useless and pernicious arts, of vain sciences, would arise a multitude of prejudices equally contrary to reason, happiness and virtue. We should see the magistrates fomenting everything that might weaken men united in society, by promoting dissension among them; everything that might sow in it the seeds of actual division, while it gave society the air of harmony; everything that might inspire the different ranks of people with mutual hatred and distrust, by setting the rights and interests of one against those of another, and so strengthen the power which comprehended them all.

This is the last term of inequality, the extreme point that closes the circle, and meets that from which we set out. Here all private persons return to their first equality, because they are nothing; and, subjects having no law but the will of their master, and their master no restraint but his passions, all notions of good and all principles of equity again vanish. There is here a complete return to the law of the strongest, and so to a new state of nature, differing from that we set out from; for the one was a state of nature in its first purity, while this is the consequence of excessive corruption. There is so little difference between the two states in other respects, and the contract of government is so completely dissolved by despotism, that the despot is master only so long as he remains the strongest; as soon as he can be expelled, he has no right to complain of violence. The popular insurrection that ends in the death or deposition of a Sultan is as lawful an act as those by which he disposed, the day before, of the lives and fortunes of his subjects. As he was maintained by force alone, it is force alone that overthrows him. Thus everything takes place according to the natural order; and, whatever may be the result of such frequent and precipitate revolutions, no one man has reason to complain of the injustice of another, but only of his own ill-fortune or indiscretion.

If the reader thus discovers and retraces the lost and forgotten road, by which man must have passed from the state of nature to the state of society; if he carefully restores, along with the intermediate situations which I have just described, those which want of time has compelled me to suppress, or my imagination has failed to suggest, he cannot fail to be struck by the vast distance which separates the two states. It is in tracing this slow succession that he will find the solution of a number of problems of politics and morals, which philosophers cannot settle. He will feel that, men being different in different ages, the reason why Diogenes could not find a man was that he sought among his contemporaries a man of an earlier period. He will see that Cato died with Rome and liberty, because he did not fit the age in which he lived; the greatest of men served only to astonish a world which he would certainly have ruled, had he lived five hundred years sooner. In a word, he will explain how the soul and the passions of men insensibly change their very nature; why our wants and pleasures in the end seek new objects; and why, the original man having vanished by degrees, society offers to us only an assembly of artificial men and factitious passions, which are the work of all these new relations, and without any real foundation in nature. We are taught nothing on this subject, by reflection, that is not entirely confirmed by observation. The savage and the civilised man differ so much in the bottom of their hearts and in their inclinations, that what constitutes the supreme happiness of one would reduce the other to despair. The former breathes only peace and liberty; he desires only to live and be free from labour; even the ataraxia of the Stoic falls far short of his profound indifference to every other object. Civilised man, on the other hand, is always moving, sweating, toiling and racking his brains to find still more laborious occupations: he goes on in drudgery to his last moment, and even seeks death to put himself in a position to live, or renounces life to acquire immortality. He pays his court to men in power, whom he hates, and to the wealthy, whom he despises; he stops at nothing to have the honour of serving them; he is not ashamed to value himself on his own meanness and their protection; and, proud of his slavery, he speaks with disdain of those, who have not the honour of sharing it. What a sight would the perplexing and envied labours of a European minister of State present to the eyes of a Caribbean! How many cruel deaths would not this indolent savage prefer to the horrors of such a life, which is seldom even sweetened by the pleasure of doing good! But, for him to see into the motives of all this solicitude, the words power and reputation, would have to bear some meaning in his mind; he would have to know that there are men who set a value on the opinion of the rest of the world; who can be made happy and satisfied with themselves rather on the testimony of other people than on their own. In reality, the source of all these differences is, that the savage lives within himself, while social man lives constantly outside himself, and only knows how to live in the opinion of others, so that he seems to receive the consciousness of his own existence merely from the judgment of others concerning him. It is not to my present purpose to insist on the indifference to good and evil which arises from this disposition, in spite of our many fine works on morality, or to show how, everything being reduced to appearances, there is but art and mummery in even honour, friendship, virtue, and often vice itself, of which we at length learn the secret of boasting; to show, in short, how, always asking others what we are, and never daring to ask ourselves, in the midst of so much philosophy, humanity and civilisation, and of such sublime codes of morality, we have nothing to show for ourselves but a frivolous and deceitful appearance, honour without virtue, reason without wisdom, and pleasure without happiness. It is sufficient that I have proved that this is not by any means the original state of man, but that it is merely the spirit of society, and the inequality which society produces, that thus transform and alter all our natural inclinations.

I have endeavoured to trace the origin and progress of inequality, and the institution and abuse of political societies, as far as these are capable of being deduced from the nature of man merely by the light of reason, and independently of those sacred dogmas which give the sanction of divine right to sovereign authority. It follows from this survey that, as there is hardly any inequality in the state of nature, all the inequality which now prevails owes its strength and growth to the development of our faculties and the advance of the human mind, and becomes at last permanent and legitimate by the establishment of property and laws. Secondly, it follows that moral inequality, authorised by positive right alone, clashes with natural right, whenever it is not proportionate to physical inequality; a distinction which sufficiently determines what we ought to think of that species of inequality which prevails in all civilised, countries; since it is plainly contrary to the law of nature, however defined, that children should command old men, fools wise men, and that the privileged few should gorge themselves with superfluities, while the starving multitude are in want of the bare necessities of life.

APPENDIX

A famous author, reckoning up the good and evil of human life, and comparing the aggregates, finds that our pains greatly exceed our pleasures: so that, all things considered, human life is not at all a valuable gift. This conclusion does not surprise me; for the writer drew all his arguments from man in civilisation. Had he gone back to the state of nature, his inquiries would clearly have had a different result, and man would have been seen to be subject to very few evils not of his own creation. It has indeed cost us not a little trouble to make ourselves as wretched as we are. When we consider, on the one hand, the immense labours of mankind, the many sciences brought to perfection, the arts invented, the powers employed, the deeps filled up, the mountains levelled, the rocks shattered, the rivers made navigable, the tracts of land cleared, the lakes emptied, the marshes drained, the enormous structures erected on land, and the teeming vessels that cover the sea; and, on the other hand, estimate with ever so little thought, the real advantages that have accrued from all these works to mankind, we cannot help being amazed at the vast disproportion there is between these things, and deploring the infatuation of man, which, to gratify his silly pride and vain self-admiration, induces him eagerly to pursue all the miseries he is capable of feeling, though beneficent nature had kindly placed them out of his way.

That men are actually wicked, a sad and continual experience of them proves beyond doubt: but, all the same, I think I have shown that man is naturally good. What then can have depraved him to such an extent, except the changes that have happened in his constitution, the advances he has made, and the knowledge he has acquired? We may admire human society as much as we please; it will be none the less true that it necessarily leads men to hate each other in proportion as their interests clash, and to do one another apparent services, while they are really doing every imaginable mischief. What can be thought of a relation, in which the interest of every individual dictates rules directly opposite to those the public reason dictates to the community in general — in which every man finds his profit in the misfortunes of his neighbour? There is not perhaps any man in a comfortable position who has not greedy heirs, and perhaps even children, secretly wishing for his death; not a ship at sea, of which the loss would not be good news to some merchant or other; not a house, which some debtor of bad faith would not be glad to see reduced to ashes with all the papers it contains; not a nation which does not rejoice at the disasters that befall its neighbours. Thus it is that we find our advantage in the misfortunes of our fellow-creatures, and that the loss of one man almost always constitutes the prosperity of another. But it is still more pernicious that public calamities are the objects of the hopes and expectations of innumerable individuals. Some desire sickness, some mortality, some war, and some famine. I have seen men wicked enough to weep for sorrow at the prospect of a plentiful season; and the great and fatal fire of London, which cost so many unhappy persons their lives or their fortunes, made the fortunes of perhaps ten thousand others. I know that Montaigne censures Demades the Athenian for having caused to be punished a workman who, by selling his coffins very dear, was a great gainer by the deaths of his fellow-citizens; but, the reason alleged by Montaigne being that everybody ought to be punished, my point is clearly confirmed by it. Let us penetrate, therefore, the superficial appearances of benevolence, and survey what passes in the inmost recesses of the heart. Let us reflect what must be the state of things, when men are forced to caress and destroy one another at the same time; when they are born enemies by duty, and knaves by interest. It will perhaps be said that society is so formed that every man gains by serving the rest. That would be all very well, if he did not gain still more by injuring them. There is no legitimate profit so great, that it cannot be greatly exceeded by what may be made illegitimately; we always gain more by hurting our neighbours than by doing them good. Nothing is required but to know how to act with impunity; and to this end the powerful employ all their strength, and the weak all their cunning.

Savage man, when he has dined, is at peace with all nature, and the friend of all his fellow-creatures. If a dispute arises about a meal, he rarely comes to blows, without having first compared the difficulty of conquering his antagonist with the trouble of finding subsistence elsewhere: and, as pride does not come in, it all ends in a few blows; the victor eats, and the vanquished seeks provision somewhere else, and all is at peace. The case is quite different with man in the state of society, for whom first necessaries have to be provided, and then superfluities; delicacies follow next, then immense wealth, then subjects, and then slaves. He enjoys not a moment’s relaxation; and what is yet stranger, the less natural and pressing his wants, the more headstrong are his passions, and, still worse, the more he has it in his power to gratify them; so that after a long course of prosperity, after having swallowed up treasures and ruined multitudes, the hero ends up by cutting every throat till he finds himself, at last, sole master of the world. Such is in miniature the moral picture, if not of human life, at least of the secret pretensions of the heart of civilised man.

Compare without partiality the state of the citizen with that of the savage, and trace out, if you can, how many inlets the former has opened to pain and death, besides those of his vices, his wants and his misfortunes. If you reflect on the mental afflictions that prey on us, the violent passions that waste and exhaust us, the excessive labour with which the poor are burdened, the still more dangerous indolence to which the wealthy give themselves up, so that the poor perish of want, and the rich of surfeit; if you reflect but a moment on the heterogeneous mixtures and pernicious seasonings of foods; the corrupt state in which they are frequently eaten; on the adulteration of medicines, the wiles of those who sell them, the mistakes of those who administer them, and the poisonous vessels in which they are prepared; on the epidemics bred by foul air in consequence of great numbers of men being crowded together, or those which are caused by our delicate way of living, by our passing from our houses into the open air and back again, by the putting on or throwing off our clothes with too little care, and by all the precautions which sensuality has converted into necessary habits, and the neglect of which sometimes costs us our life or health; if you take into account the conflagrations and earthquakes, which, devouring or overwhelming whole cities, destroy the inhabitants by thousands; in a word, if you add together all the dangers with which these causes are always threatening us, you will see how dearly nature makes us pay for the contempt with which we have treated her lessons.

I shall not here repeat, what I have elsewhere said of the calamities of war; but wish that those, who have sufficient knowledge, were willing or bold enough to make public the details of the villainies committed in armies by the contractors for commissariat and hospitals: we should see plainly that their monstrous frauds, already none too well concealed, which cripple the finest armies in less than no time, occasion greater destruction among the soldiers than the swords of the enemy.

The number of people who perish annually at sea, by famine, the scurvy, pirates, fire and shipwrecks, affords matter for another shocking calculation. We must also place to the credit of the establishment of property, and consequently to the institution of society, assassinations, poisonings, highway robberies, and even the punishments inflicted on the wretches guilty of these crimes; which, though expedient to prevent greater evils, yet by making the murder of one man cost the lives of two or more, double the loss to the human race.

What shameful methods are sometimes practised to prevent the birth of men, and cheat nature; either by brutal and depraved appetites which insult her most beautiful work-appetites unknown to savages or mere animals, which can spring only from the corrupt imagination of mankind in civilised countries; or by secret abortions, the fitting effects of debauchery and vitiated notions of honour; or by the exposure or murder of multitudes of infants, who fall victims to the poverty of their parents, or the cruel shame of their mothers; or, finally, by the mutilation of unhappy wretches, part of whose life, with their hope of posterity, is given up to vain singing, or, still worse, the brutal jealousy of other men: a mutilation which, in the last case, becomes a double outrage against nature from the treatment of those who suffer it, and from the use to which they are destined. But is it not a thousand times more common and more dangerous for paternal rights openly to offend against humanity? How many talents have not been thrown away, and inclinations forced, by the unwise constraint of fathers? How many men, who would have distinguished themselves in a fitting estate, have died dishonoured and wretched in another for which they had no taste! How many happy, but unequal, marriages have been broken or disturbed, and how many chaste wives have been dishonoured, by an order of things continually in contradiction with that of nature! How many good and virtuous husbands and wives are reciprocally punished for having been ill-assorted! How many young and unhappy victims of their parents’ avarice plunge into vice, or pass their melancholy days in tears, groaning in the indissoluble bonds which their hearts repudiate and gold alone has formed! Fortunate sometimes are those whose courage and virtue remove them from life before inhuman violence makes them spend it in crime or in despair. Forgive me, father and mother, whom I shall ever regret: my complaint embitters your griefs; but would they might be an eternal and terrible example to every one who dares, in the name of nature, to violate her most sacred right.

If I have spoken only of those ill-starred unions which are the result of our system, is it to be thought that those over which love and sympathy preside are free from disadvantages? What if I should undertake to show humanity attacked in its very source, and even in the most sacred of all ties, in which fortune is consulted before nature, and, the disorders of society confounding all virtue and vice, continence becomes a criminal precaution, and a refusal to give life to a fellow-creature, an act of humanity? But, without drawing aside the veil which hides all these horrors, let us content ourselves with pointing out the evil which others will have to remedy.

To all this add the multiplicity of unhealthy trades, which shorten men’s lives or destroy their bodies, such as working in the mines, and the preparing of metals and minerals, particularly lead, copper, mercury, cobalt, and arsenic: add those other dangerous trades which are daily fatal to many tilers, carpenters, masons and miners: put all these together and we can see, in the establishment and perfection of societies, the reasons for that diminution of our species, which has been noticed by many philosophers.

Luxury, which cannot be prevented among men who are tenacious of their own convenience and of the respect paid them by others, soon completes the evil society had begun, and, under the pretence of giving bread to the poor, whom it should never have made such, impoverishes all the rest, and sooner or later depopulates the State. Luxury is a remedy much worse than the disease it sets up to cure; or rather it is in itself the greatest of all evils, for every State, great or small: for, in order to maintain all the servants and vagabonds it creates, it brings oppression and ruin on the citizen and the labourer; it is like those scorching winds, which, covering the trees and plants with devouring insects, deprive useful animals of their subsistence and spread famine and death wherever they blow.

From society and the luxury to which it gives birth arise the liberal and mechanical arts, commerce, letters, and all those superfluities which make industry flourish, and enrich and ruin nations. The reason for such destruction is plain. It is easy to see, from the very nature of agriculture, that it must be the least lucrative of all the arts; for, its produce being the most universally necessary, the price must be proportionate to the abilities of the very poorest of mankind.

From the same principle may be deduced this rule, that the arts in general are more lucrative in proportion as they are less useful; and that, in the end, the most useful becomes the most neglected. From this we may learn what to think of the real advantages of industry and the actual effects of its progress.

Such are the sensible causes of all the miseries, into which opulence at length plunges the most celebrated nations. In proportion as arts and industry flourish, the despised husbandman, burdened with the taxes necessary for the support of luxury, and condemned to pass his days between labour and hunger, forsakes his native field, to seek in towns the bread he ought to carry thither. The more our capital cities strike the vulgar eye with admiration, the greater reason is there to lament the sight of the abandoned countryside, the large tracts of land that lie uncultivated, the roads crowded with unfortunate citizens turned beggars or highwaymen, and doomed to end their wretched lives either on a dunghill or on the gallows. Thus the State grows rich on the one hand, and feeble and depopulated on the other; the mightiest monarchies, after having taken immense pains to enrich and depopulate themselves, fall at last a prey to some poor nation, which has yielded to the fatal temptation of invading them, and then, growing opulent and weak in its turn, is itself invaded and ruined by some other.

Let any one inform us what produced the swarms of barbarians, who overran Europe, Asia and Africa for so many ages. Was their prodigious increase due to their industry and arts, to the wisdom of their laws, or to the excellence of their political system? Let the learned tell us why, instead of multiplying to such a degree, these fierce and brutal men, without sense or science, without education, without restraint, did not destroy each other hourly in quarrelling over the productions of their fields and woods. Let them tell us how these wretches could have the presumption to oppose such clever people as we were, so well trained in military discipline, and possessed of such excellent laws and institutions: and why, since society has been brought to perfection in northern countries, and so much pains taken to instruct their inhabitants in their social duties and in the art of living happily and peaceably together, we see them no longer produce such numberless hosts as they used once to send forth to be the plague and terror of other nations. I fear some one may at last answer me by saying, that all these fine things, arts, sciences and laws, were wisely invented by men, as a salutary plague, to prevent the too great multiplication of mankind, lest the world, which was given us for a habitation, should in time be too small for its inhabitants.

What, then, is to be done? Must societies be totally abolished? Must meum and tuum be annihilated, and must we return again to the forests to live among bears? This is a deduction in the manner of my adversaries, which I would as soon anticipate as let them have the shame of drawing. O you, who have never heard the voice of heaven, who think man destined only to live this little life and die in peace; you, who can resign in the midst of populous cities your fatal acquisitions, your restless spirits, your corrupt hearts and endless desires; resume, since it depends entirely on ourselves, your ancient and primitive innocence: retire to the woods, there to lose the sight and remembrance of the crimes of your contemporaries; and be not apprehensive of degrading your species, by renouncing its advances in order to renounce its vices. As for men like me, whose passions have destroyed their original simplicity, who can no longer subsist on plants or acorns, or live without laws and magistrates; those who were honoured in their first father with supernatural instructions; those who discover, in the design of giving human actions at the start a morality which they must otherwise have been so long in acquiring, the reason for a precept in itself indifferent and inexplicable on every other system; those, in short, who are persuaded that the Divine Being has called all mankind to be partakers in the happiness and perfection of celestial intelligences, all these will endeavour to merit the eternal prize they are to expect from the practice of those virtues, which they make themselves follow in learning to know them. They will respect the sacred bonds of their respective communities; they will love their fellow-citizens, and serve them with all their might: they will scrupulously obey the laws, and all those who make or administer them; they will particularly honour those wise and good princes, who find means of preventing, curing or even palliating all these evils and abuses, by which we are constantly threatened; they will animate the zeal of their deserving rulers, by showing them, without flattery or fear, the importance of their office and the severity of their duty. But they will not therefore have less contempt for a constitution that cannot support itself without the aid of so many splendid characters, much oftener wished for than found; and from which, notwithstanding all their pains and solicitude, there always arise more real calamities than even apparent advantages.


 

Source: http://www.constitution.org/jjr/ineq.htm

Noam Chomsky

noam chomsky

Noam Chomsky is a widely known intellectual, political activist, and critic of the foreign policy of the United States and other governments. Noam Chomsky describes himself as a libertarian socialist, a sympathizer of anarcho-syndicalism and is considered to be a key intellectual figure within the left-wing of American politics. You can find his political views here.

Some of his books:

Hegemony or Survival: America’s Quest for Global Dominance

Failed States: The Abuse of Power and the Assault on Democracy

Hopes and Prospects

Is a Revolutionist a Terrorist?

If so, considering the original spirit of the 2nd Amendment to the U.S. Constitution, is an American revolution even possible?

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

– Second Amendment to the Constitution of the United States of America

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

– Declaration of Independence of the United States of America

Revolution

noun

  1. an overthrow or repudiation and the thorough replacement of an established government or political system by the people governed.
  2. Sociology– a radical and pervasive change in society and the social structure, especially one made suddenly and often accompanied by violence. Compare social evolution.
  3. a sudden, complete or marked change in something: the present revolution in church architecture.
  4. a procedure or course, as if in a circuit, back to a starting point.
  5. a single turn of this kind.

Revolutionist

noun

  1. a person who advocates or takes part in a revolution.

adjective

  1. of, pertaining to, or characteristic of a revolution; revolutionary: revolutionist ideals.

Terrorism

noun

  1. the use of violence and threats to intimidate or coerce, especially for political purposes.
  2. the state of fear and submission produced by terrorism or terrorization.
  3. a terroristic method of governing or of resisting a government.

Terrorist

noun

  1. a person, usually a member of a group, who uses or advocates terrorism.
  2. a person who terrorizes or frightens others.
  3. (formerly) a member of a political group in Russia aiming at the demoralization of the government by terror.
  4. an agent or partisan of the revolutionary tribunal during the Reign of Terror in France.

adjective

  1. of, pertaining to, or characteristic of terrorism or terrorists: terrorist tactics.

Of course, a physically aggressive revolutionist would be, ipso facto, an enemy of the state. Were not the participants in the American Revolutionary War considered enemies of the state by King George? Is the only difference between a terrorist and a revolutionist that the former will attack civilians, while the latter limits its warfare to an established army?

Is a revolution even possible in the first world civilization of the 21st century?

Distributive Justice

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

After outlining the scope of this entry and the role of distributive principles, the first relatively simple principle of distributive justice examined is strict egalitarianism, which advocates the allocation of equal material goods to all members of society. John Rawls’ alternative distributive principle, which he calls the Difference Principle, is then examined. The Difference Principle allows allocation that does not conform to strict equality so long as the inequality has the effect that the least advantaged in society are materially better off than they would be under strict equality. However, some have thought that Rawls’ Difference Principle is not sensitive to the responsibility people have for their economic choices. Resource-based distributive principles, and principles based on what people deserve because of their work, endeavor to incorporate this idea of economic responsibility.

Advocates of Welfare-based principles do not believe the primary distributive concern should be material goods and services. They argue that material goods and services have no intrinsic value and are valuable only in so far as they increase welfare. Hence, they argue, the distributive principles should be designed and assessed according to how they affect welfare. Advocates of Libertarian principles, on the other hand, generally criticize any patterned distributive ideal, whether it is welfare or material goods that are the subjects of the pattern. They generally argue that such distributive principles conflict with more important moral demands such as those of liberty or respecting self-ownership. Finally, feminist critiques of existing distributive principles note that they tend to ignore the particular circumstances of women, especially the fact that women often have primary responsibility for child-rearing. Some feminists therefore are developing and/or modifying distributive principles to make them sensitive to the circumstances of women and to the fact that, on average, women spend less of their lifetimes in the market economy than men.

  1. Scope and Role of Distributive Principles
  2. Strict Egalitarianism
  3. The Difference Principle
  4. Resource-Based Principles
  5. Welfare-Based Principles
  6. Desert-Based Principles
  7. Libertarian Principles
  8. Feminist Principles
  9. Methodology and Empirical Beliefs about Distributive Justice

  1. Scope and Role of Distributive Principles

Distributive principles may vary in numerous dimensions. They can vary in what is subject to distribution (income, wealth, opportunities, jobs, welfare, utility, etc.); in the nature of the subjects of the distribution (natural persons, groups of persons, reference classes, etc.); and on what basis distribution should be made (equality, maximization, according to individual characteristics, according to free transactions, etc.). This entry will focus on principles of distributive justice designed to cover the distribution of the benefits and burdens of economic activity among individuals in a society. Although principles of this kind have been the dominant source of Anglo-American debate about distributive justice over the last four decades, there are other important distributive justice questions, some of which are covered by other entries in the encyclopedia. These include questions of distributive justice at the global level rather than just at the national level (see justice: international), distributive justice across generations (see justice: intergenerational) and how the topic of distributive justice can be approached, not as a set of principles but as a virtue (see justice: as a virtue).

Although the numerous proposed distributive principles vary along different dimensions, for simplicity, they are broadly grouped here. It is important to keep in mind though that this involves oversimplication, particularly with respect to the criticisms of each of the groups of principles. The criticisms may not apply to every principle in the group. The issue of how we are to understand and respond to criticisms of distributive principles is discussed briefly in the section on methodology at the end (see Methodology).

There has never been, and never will be, a purely libertarian society or Rawlsian society, or any society whose distribution conforms to one of the proposed principles. Some are misled by this fact to believe that discussions of distributive justice are exercises in ideal theory, which is unfortunate because, in the end, distributive justice theory is a practical enterprise.

Throughout most of history, people were born into, and largely stayed in a fairly rigid economic position. The distribution of economic benefits and burdens was seen as fixed, either by nature or by God. Only when people realized that the distribution of economic benefits and burdens could be affected by government did distributive justice become a live topic. Now the topic is unavoidable. Governments continuously make and change laws affecting the distribution of economic benefits and burdens in their societies. Almost all changes, from the standard tax and industry laws through to divorce laws have some distributive effect, and, as a result, different societies have different distributions. Every society then is always faced with a choice about whether to stay with the current laws and policies or to modify them. Distributive justice theory contributes practically by providing guidance for these unavoidable and constant choices. For instance, advocates of the difference principle are arguing that we should change our policies and laws to raise the position of the least advantaged in society. Others are arguing for changes to bring economic benefits and burdens more in accordance with what people deserve. Libertarians usually urge a reduction in government intervention in the economy. Sometimes a number of the theories will recommend the same change in policy; other times they will diverge. Contrary to a popular misconception, economics alone cannot decide what policy changes we should make. Economics, at its best, can tell us the effects of pursuing different policies; it cannot, without the guidance of normative principles, recommend which policy to pursue. The arguments and principles discussed in the present entry aim to supply this kind of guidance.

  1. Strict Egalitarianism

One of the simplest principles of distributive justice is that of strict or radical equality. The principle says that every person should have the same level of material goods and services. The principle is most commonly justified on the grounds that people are owed equal respect and that equality in material goods and services is the best way to give effect to this ideal.

Even with this ostensibly simple principle some of the difficult specification problems of distributive principles can be seen. The two main problems are the construction of appropriate indices for measurement (the index problem), and the specification of time frames. Because there are numerous proposed solutions to these problems, the ‘principle of strict equality’ is not a single principle but a name for a group of closely related principles. This range of possible specifications occurs with all the common principles of distributive justice.

The index problem arises primarily because the goods to be distributed need to be measured if they are going to be distributed according to some pattern (such as equality). The strict equality principle stated above says that there should be ‘the same level of material goods and services’. The problem is how to specify and measure levels. One way of solving the index problem in the strict equality case is to specify that everyone should have the same bundle of material goods and services rather than the same level (so everyone would have 4 oranges, 6 apples, 1 bike, etc.). The main problem with this solution is that there will be many other allocations of material goods and services which will make some people better off without making anybody else worse off. For instance, a person preferring apples to oranges will be better off if she swaps some of the oranges from her bundle for some of the apples belonging to a person preferring oranges to apples. Indeed, it is likely that everybody will have something they would wish to trade in order to make themselves better off. As a consequence, requiring identical bundles will make virtually everybody materially worse off than they would be under an alternative allocation. So specifying that everybody must have the same bundle of goods does not seem to be a satisfactory way of solving the index problem. Some index for measuring the value of goods and services is required.

Money is an index for the value of material goods and services. It is an imperfect index and its pitfalls are well-documented in most economics textbooks. Moreover, once the goods to be allocated are extended beyond material ones to include opportunities, etc. it needs to be combined with other indices. (For instance, John Rawls’ index of primary goods — see Rawls 1971.) Nevertheless, using money as index for the value of material goods and services is the most practical response so far suggested to the index problem and is widely used in the specification and implementation of distributive principles.

The second main specification problem involves time frames. Many distributive principles identify and require that a particular pattern of distribution be achieved. But they also need to specify whenthe pattern is required. One version of the principle of strict equality requires that all people should have the same wealth at some initial point, after which people are free to use their wealth in whatever way they choose. Principles specifying initial distributions after which the pattern need not be preserved are commonly called ‘starting-gate’ principles. (See Ackerman 1980, 53-59,168-170,180-186; Alstott and Ackerman 1999)

Because ‘starting-gate’ forms of the strict equality principle may lead in time to very inegalitarian wealth distributions they are not common. The most common form of strict equality principle specifies that income (measured in terms of money) should be equal in each time-frame, though even this may lead to significant disparities in wealth if variations in savings are permitted. Hence, strict equality principles are commonly conjoined with some society-wide specification of just saving behavior.

There are a number of direct moral criticisms made of strict equality principles: that they unduly restrict freedom, that they do not give best effect to equal respect for persons, that they conflict with what people deserve, etc. (see Desert-Based Principles) But the most common criticism is a welfare-based one: that everyone can be materially better off if incomes are not strictly equal. (see Carens) It is this fact which partly inspired the Difference Principle.

  1. The Difference Principle

The wealth of an economy is not a fixed amount from one period to the next. More wealth can be produced and indeed this has been the experience of industrialized countries over the last few centuries. The most common way of producing more wealth is to have a system where those who are more productive earn greater incomes. This partly inspired the formulation of the Difference Principle.

The most widely discussed theory of distributive justice in the past three decades has been that proposed by John Rawls in A Theory of Justice, (Rawls 1971), and Political Liberalism, (Rawls 1993). Rawls proposes the following two principles of justice:

  1. Each person has an equal claim to a fully adequate scheme of equal basic rights and liberties, which scheme is compatible with the same scheme for all; and in this scheme the equal political liberties, and only those liberties, are to be guaranteed their fair value.
  2. Social and economic inequalities are to satisfy two conditions: (a) They are to be attached to positions and offices open to all under conditions of fair equality of opportunity; and (b), they are to be to the greatest benefit of the least advantaged members of society. (Rawls 1993, pp. 5-6. The principles are numbered as they were in Rawls’ original A Theory of Justice.)

Under Rawls’ proposed system Principle (1) has priority over Principle (2). In addition to (2b) it is possible to think of Principles (1) and (2a) as principles of distributive justice: (1) to govern the distribution of liberties, and (2a) the distribution of opportunities. Looking at the principles of justice in this way makes all principles of justice, principles of distributive justice (even principles of retributive justice will be included on the basis that they distribute negative goods). Keeping in line with the primary focus of this entry though, let us concentrate on (2b), known as the Difference Principle.

The main moral motivation for the Difference Principle is similar to that for strict equality: equal respect for persons. Indeed the Difference Principle materially collapses to a form of strict equality under empirical conditions where differences in income have no effect on the work incentive of people. The overwhelming opinion though is that in the foreseeable future the possibility of earning greater income will bring forth greater productive effort. This will increase the total wealth of the economy and, under the Difference Principle, the wealth of the least advantaged. Opinion divides on the size of the inequalities which would, as a matter of empirical fact, be allowed by the Difference Principle, and on how much better off the least advantaged would be under the Difference Principle than under a strict equality principle. Rawls’ principle however gives fairly clear guidance on what type of arguments will count as justifications for inequality. Rawls is not opposed to the principle of strict equality per se, his concern is about the absolute position of the least advantaged group rather than their relative position. If a system of strict equality maximizes the absolute position of the least advantaged in society, then the Difference Principle advocates strict equality. If it is possible to raise the absolute position of the least advantaged further by having some inequalities of income and wealth, then the Difference Principle prescribes inequality up to that point where the absolute position of the least advantaged can no longer be raised.

Because there has been such extensive discussion of the Difference Principle in the last 30 years, there have been numerous criticisms of it from the perspective of all the other theories of distributive justice outlined here. Briefly, the main criticisms are as follows.

Advocates of strict equality argue that inequalities permitted by the Difference Principle are unacceptable even if they do benefit the least advantaged. The problem for these advocates is to explain in a satisfactory way why the relative position of the least advantaged is more important than their absolute position, and hence why society should be prevented from materially benefiting the least advantaged when this is possible. The most common explanation appeals to solidarity (Crocker): that being materially equal is an important expression of the equality of persons. Another common explanation appeals to the power some may have over others, if they are better off materially. Rawls’ response to this latter criticism appeals to the priority of his first principle: The inequalities consistent with the Difference Principle are only permitted so long as they do not compromise the fair value of the political liberties. So, for instance, very large wealth differentials may make it practically impossible for poor people to be elected to political office or to have their political views represented. These inequalities of wealth, even if they increase the material position of the least advantaged group, may need to be reduced in order for the first principle to be implemented.

The Utilitarian objection to the Difference Principle is that it does not maximize utility. In A Theory of Justice, Rawls uses Utilitarianism as the main theory for comparison with his own, and hence he responds at length to this Utilitarian objection and argues for his own theory in preference to Utilitarianism (some of these arguments are outlined in the section on Welfare-Based Principles).

Libertarians object that the Difference Principle involves unacceptable infringements on liberty. For instance, the Difference Principle may require redistributive taxation to the poor, and Libertarians commonly object that such taxation involves the immoral taking of just holdings. (see Libertarian Principles)

The Difference Principle is also criticized as a primary distributive principle on the grounds that it mostly ignores claims that people deserve certain economic benefits in light of their actions. Advocates of Desert-Based Principles argue that some may deserve a higher level of material goods because of their hard work or contributions even if their unequal rewards do not also function to improve the position of the least advantaged. They also argue that the explanations of how people come to be in more or less advantaged positions is relevant to their fairness, yet the Difference Principle wrongly ignores these explanations.

Like desert theorists, advocates of Resource-based principles criticize the Difference Principle on the grounds that it is not ‘ambition-sensitive’ enough, i.e. it is not sensitive to the consequences of people’s choices. They also argue that it is not adequately ‘endowment-sensitive’: it does not compensate people for natural inequalities (like handicaps or ill-health) over which people have no control.

  1. Resource-Based Principles

Resource-based principles (also called Resource Egalitarianism) prescribe equality of resources. Interestingly, resource-based principles do not normally prescribe a patterned outcome — the idea being that the outcomes are determined by people’s free use of their resources. Resource-theorists claim that the Difference Principle is insufficiently ‘ambition-sensitive’ and that provided people have equal resources they should live with the consequences of their choices. They argue, for instance, that people who choose to work hard to earn more income should not be required to subsidize those choosing more leisure and hence less income.

Resource-theorists also make a related complaint that the Difference Principle is not sufficiently ‘endowment-sensitive.’ While part of Rawls’ motivation for the Difference principle is that people have unequal endowments, resource-theorists explicitly emphasize this feature of their theory though they differ on which endowments are relevant to questions of distributive justice. They agree that, ideally, social circumstances over which people have no control should not adversely affect life prospects or earning capacities. Some resource-theorists further argue that, for the same sorts of reasons, unequal natural endowments should attract compensation. For instance, people born with handicaps, ill-health, or low levels of natural talents have not brought these circumstances upon themselves and hence, should not be disadvantaged in their life prospects.

The most prominent Resource-based theory, developed by Ronald Dworkin, (Dworkin 1981a, 1981b), proposes that people begin with equal resources but end up with unequal economic benefits as a result of their own choices. What constitutes a just material distribution is to be determined by the result of a thought experiment designed to model fair distribution. Suppose that everyone is given the same purchasing power and each use that purchasing power to bid, in a fair auction, for resources best suited to their life plans. They are then permitted to use those resources as they see fit. Although people may end up with different economic benefits, none of them is given less consideration than another in the sense that if they wanted somebody else’s resource bundle they could have bid for it instead.

As mentioned above, many resource-theorists, including Dworkin, add to this system of equal resources and ambition-sensitivity, a sensitivity to inequalities in natural endowments. They note that natural inequalities are not distributed according to people’s choices, nor are they justified by reference to some other morally relevant fact about people. Dworkin proposes a hypothetical compensation scheme in which he supposes that, before the hypothetical auction described above, people do not know their own natural endowments. However, they are able to buy insurance against being disadvantaged in the natural distribution of talents and they know that their payments will provide an insurance pool to compensate those people who are unlucky in the ‘natural lottery’.

Because the Resource-based theory has a similar motivation to the Difference Principle the moral criticisms of it tend to be variations on those leveled against the Difference Principle. However, unlike the Difference Principle, it is not at all clear what would constitute an implementation of Resource-based theories and their variants in a real economy. It seems impossible to measure differences in people’s natural talents — unfortunately, people’s talents do not neatly divide into the natural and developed categories. A system of special assistance to the physically and mentally handicapped and to the ill would be a partial implementation of the compensation system, but most natural inequalities would be left untouched by such assistance while the theory requires that such inequalities be compensated for. It is simply not clear how to implement equality of resources in a complex economy and hence despite its theoretical advantages, it is difficult to see it as a practical improvement on the Difference Principle.

  1. Welfare-Based Principles

Welfare-based principles are motivated by the idea that what is of primary moral importance is the level of welfare of people. Advocates of Welfare-based principles view the concerns of other theories – equality, the least advantaged, resources, desert-claims, or liberty as derivative concerns. Resources, equality, desert-claims, or liberty are only valuable in so far as they increase welfare, so that all distributive questions should be settled according to which distribution maximizes welfare. However, ‘maximizes welfare’ is imprecise, so welfare theorists propose particular welfare functions to maximize. The welfare functions proposed vary enormously both on what will count as welfare and the weighting system for that welfare. For almost any distribution of material benefits there is a welfare function whose maximization will yield that distribution (at least in a one sector period).

Distribution according to some welfare function is most commonly advocated by economists, who normally state the explicit functional form. Philosophers tend to avoid this. Philosophers also tend to restrict themselves to a small subset of the available welfare functions. Although there are a number of advocates of alternative welfare functions (like ‘equality of well-being’), most philosophical activity has concentrated on a variant known as Utilitarianism. This theory can be used to illustrate most of the main characteristics of Welfare-based principles.

Historically, Utilitarians have used the term ‘utility’ rather than ‘welfare’ and utility has been defined variously as pleasure, happiness, or preference-satisfaction. So, for instance, the principle for distributing economic benefits for Preference Utilitarians is to distribute them so as to maximize preference-satisfaction. The welfare function for such a principle has a simple theoretical form: it involves choosing that distribution maximizing the arithmetic sum of all satisfied preferences (unsatisfied preferences being negative), weighted for the intensity of those preferences.

The basic theory of Utilitarianism is one of the simplest to state and understand. Much of the work on the theory therefore has been directed towards defending it against moral criticisms, particularly from the point of view of ‘commonsense’ morality. The criticisms and responses have been widely discussed in the literature on Utilitarianism as a general moral theory. Only two of the criticisms will be mentioned here.

The first is that Utilitarianism fails to take the distinctness of persons seriously. Maximization of preference-satisfaction is often taken as prudent in the case of individuals — people may take on greater burdens, suffering or sacrifice at certain periods of their lives so that their lives are overall better. The complaint against Utilitarianism is that it takes this principle, commonly described as prudent for individuals, and uses it on an entity, society, unlike individuals in important ways. While it may be acceptable for a person to choose to suffer at some period in her life (be it a day, or a number of years) so that her overall life is better, it is often argued against Utilitarianism that it is immoral to make some people suffer so that there is a net gain for other people. In the individual case, there is a single entity experiencing both the sacrifice and the gain. Also, the individuals, who suffer or make the sacrifices, choose to do so in order to gain some benefit they deem worth their sacrifice. In the case of society as a whole, there is no single experiential entity — some people suffer or are sacrificed so that others may gain. Furthermore, under Utilitarianism, there is no requirement for people to consent to the suffering or sacrifice.

A related criticism of Utilitarianism involves the way it treats individual preferences or interests referring to the holdings of others. For instance, some people may have a preference that some minority racial group should have less material benefits. Under Utilitarian theories, in their classical form, this preference or interest counts like any other in determining the best distribution. Hence, if racial preferences are widespread and are not outweighed by the minorities’ contrary preferences, Utilitarianism will recommend an inegalitarian distribution based on race.

Utilitarians have responded to these criticisms in a number of ways. Utilitarians may apply their theory to the preferences themselves, arguing that utility is best promoted in the long run when people’s preferences are shaped (if this is possible) in ways that are harmonious with one another, suggesting racist preferences should be discouraged. However, the utilitarian then must supply an account of why racist or sexist preferences should be discouraged when the same level of total long term utility could be achieved by encouraging the less powerful to be contented with a lower position. It is difficult for utilitarians to explain why the position of the oppressed is aptly described as one of oppression. Utilitarians have also argued that the empirical conditions are such that utility maximizing will rarely require women or racial minorities to sacrifice or suffer for the benefit of others, or to satisfy the prejudices of others. But if their theory on rare occasions does require people sacrifice or suffer in these ways, Utilitarians have defended this unintuitive consequence on the grounds that our judgments about what is wrong provide us with ‘rules of thumb’ which are useful at the level of commonsense morality but ultimately mistaken at the level of ‘critical theory’.

Utilitarian distribution principles, like the other principles described here, have problems with specification and implementation. Most formulations of Utilitarianism require interpersonal comparisons of utility. This means, for instance, that we must be able to compare the utility one person gains from eating an apple with that another gains from eating an apple. Furthermore, Utilitarianism requires that differences in utility be measured and summed for widely disparate goods (so, for instance, the amount of utility a particular person gains from playing football is measured and compared with the amount of utility another gains from eating a gourmet meal). Critics have argued that such interpersonal utility comparisons are impossible, even in theory, due to one or both of the following: (1) It is not possible to combine all the diverse goods into a single index of ‘utility’ which can measured for an individual; (2) Even if you could do the necessary weighing and combining of the goods to construct such an index for an individual, there is no conceptually adequate way of calibrating such a measure between individuals. (see Elster 1991)

Utilitarians face a greater problem than this theoretical one in determining what material distribution is prescribed by their theory. Those who share similar Utilitarian theoretical principles frequently recommend very different material distributions to implement the principle. This problem occurs for other theories, but appears worse for Utilitarian and Welfare-based distribution principles. Recommendations for distributions or economic structures to implement other distributive principles commonly vary among advocates with similar theoretical principles, but the advocates tend to cluster around particular recommendations. This is not the case for Utilitarianism, with adherents dispersed in their recommendations across the full range of possible distributions and economic structures. For instance, many Preference Utilitarians believe their principle prescribes strongly egalitarian structures with lots of state invention while many other Preference Utilitarians believe it prescribes a laissez faire style of capitalism.

There is an explanation for why Utilitarians are faced with greater difficulties in implementation. Other distributive principles can rule out, relatively quickly, some practical policies on the grounds that they clearly violate the guiding principle, but Utilitarians must examine, in great detail, all the policies on offer. For each policy, they must determine the distribution of goods and services yielded by the policy and at least three other factors: the identity of each person in the distribution (if individuals’ utility functions differ); the utility of each person from the goods and services distributed to them; the utility of each person from the policy itself. The size of the information requirements make this task impossible. Hence, broad assumptions must be made and each different set of assumptions will yield a different answer, and so the answers range across the full set of policies on offer. Moreover, there is no obvious way to arbitrate between the different sets of assumptions. For instance, suppose three Utilitarians agree on the same Utilitarian distributive principle. Utilitarian 1 however, asserts that the population’s utility function conforms to function A (e.g. people’s marginal utility is linear in the goods and services they consume) and is maximized by Policy 1; while Utilitarian 2 asserts that half the population’s utility function conforms to function A and half to function B (e.g. people’s marginal utility is diminishing) and is maximized by Policy 2; Utilitarian 3 asserts Utilitarian 2 is correct about the utility functions of the population but claims that Policy 3 will maximize utility. What seems impossible for advocates of Utilitarian-distribution principles to answer is how we would arbitrate these claims. If Utilitarian principles are to play a role in debates about distributive justice then this is the most important question to answer.

  1. Desert-Based Principles

Another complaint against welfarism is that it ignores, and in fact cannot even make sense of, claims that people deserve certain economic benefits in light of their actions. The complaint is often motivated by the concern that various forms of welfarism treat people as mere containers for well-being, rather than purposeful beings, responsible for their actions and creative in their environments.

The different desert-based principles of distribution differ primarily according to what they identify as the basis for deserving. Most contemporary proposals for desert-bases fit into one of three broad categories:

  1. Contribution: People should be rewarded for their work activity according to the value of their contribution to the social product. (Miller 1976, Miller 1989, Riley 1989)
  2. Effort: People should be rewarded according to the effort they expend in their work activity. (Sadurski 1985a,b, Milne 1986)
  3. Compensation: People should be rewarded according to the costs they incur in their work activity. (Dick 1975, Lamont 1997)

Aristotle argued that virtue should be a basis for distributing rewards, but most contemporary principles owe a larger debt to John Locke. Locke argued people deserve to have those items produced by their toil and industry, the products (or the value thereof) being a fitting reward for their effort. His underlying idea was to guarantee to individuals the fruits of their own labor and abstinence. According to the contemporary desert theorist, people freely apply their abilities and talents, in varying degrees, to socially productive work. People come to deserve varying levels of income by providing goods and services desired by others. (Feinberg) Distributive systems are just insofar as they distribute incomes according to the different levels earned or deserved by the individuals in the society for their productive labors, efforts, or contributions.

Contemporary desert-principles all share the value of raising the standard of living — collectively, ‘the social product’. Under each principle, only activity directed at raising the social product will serve as a basis for deserving income. The concept of desert itself does not yield this value of raising the social product; it is a value societies hold independently. Hence, desert principles identifying desert-bases tied to socially productive activity (productivity, compensation, and effort all being examples of such bases) do not do so because the concept of desert requires this. They do so because societies value higher standards of living, and therefore choose the raising of living standards as the primary value relevant to desert-based distribution. This means that the full development of desert-based principles requires specification (and defense) of those activities which will or will not count as socially productive, and hence as deserving of remuneration. (Lamont 1994)

It is important to distinguish desert-payments from entitlements. For desert theorists a well-designed institutional structure will make it so that many of the entitlements people have are deserved. But, of course, entitlements and just deserts can come apart — a person can be entitled to a payment without it being deserved, just as a person can be entitled to assume the presidential office without deserving it. (Feinberg 1970, 86) Similarly, a person may deserve a payment but not being entitled to it (such instances are potential areas for institutional reform for a desert theorist). Payments designed to give people incentives are a form of entitlement particularly worth distinguishing from desert-payments as they are commonly confused. Incentive-payments are ‘forward-looking’ (Barry 1965, 111-112) in that they are set up to create a situation in the future, while desert-payments are ‘backwards-looking’ that they are justified with reference to work in the present or past. Even though it is possible for the same payment to be both deserved and an incentive, incentives and desert provide distinct rationales for income and should not be conflated. (Lamont 1997)

While some have sought to justify current capitalist distributions via desert-based distributive principles, John Stuart Mill and many since have forcefully argued the contrary claim — that the implementation of a productivity principle would involve dramatic changes in modern market economies and would greatly reduce the inequalities characteristic of them. It is important to note, though, that contemporary Desert-based principles are rarely complete distributive principles. They usually are only designed to cover distribution among working adults, leaving basic welfare needs to be met by other principles.

The specification and implementation problems for desert-based distribution principles revolve mainly around the desert-bases: it is difficult to identify what is to count as a contribution, an effort or a cost, and it is even more difficult to measure these in a complex modern economy.

The main moral objection to desert-based principles is that they make economic benefits depend on factors over which people have little control. John Rawls has made one of the most widely discussed arguments to this effect (Rawls 1971), and while the strong form of this argument has been clearly refuted (Zaitchik, Sher), it remains a problem for desert-based principles. The problem is most pronounced in the case of productivity-based principles — a person’s productivity seems clearly to be influenced by many factors over which the person has little control.

It is interesting to note that under most welfare-based principles, it is also the case that people’s level of economic benefits depend on factors beyond their control. But welfarists view this as a virtue of their theory, since they think the only morally relevant characteristic of any distribution is the welfare resulting from it. Whether the distribution ties economic benefits to matters beyond our control is morally irrelevant from the welfarist point of view. (As it happens, welfarists often hold the empirical claim that people have little control over their contributions to society anyway.) However, for people’s benefits to depend on factors beyond their control is a more awkward result for desert theorists who emphasize the responsibility of people in choosing to engage in more or less productive activities.

  1. Libertarian Principles

Most contemporary versions of the principles discussed so far allow some role for the market as a means of achieving the desired distributive pattern — the Difference Principle uses it as a means of helping the least advantaged; utilitarian principles commonly use it as a means of achieving the distributive pattern maximizing utility; desert-based principles rely on it to distribute goods according to desert, etc. In contrast, advocates of Libertarian distributive principles rarely see the market as a means to some desired pattern, since the principle(s) they advocate do not ostensibly propose a ‘pattern’ at all, but instead describe the sorts of acquisitions or exchanges which are themselves just. The market will be just, not as a means to some pattern, but insofar as the exchanges permitted in the market satisfy the conditions of just exchange described by the principles. For Libertarians, just outcomes are those arrived at by the separate just actions of individuals; a particular distributive pattern is not required for justice. Robert Nozick has advanced this version of Libertarianism (Nozick 1974), and is its most well-known contemporary advocate.

Nozick proposes a 3-part “Entitlement Theory”.

If the world were wholly just, the following inductive definition would exhaustively cover the subject of justice in holdings:

  1. A person who acquires a holding in accordance with the principle of justice in acquisition is entitled to that holding.
  2. A person who acquires a holding in accordance with the principle of justice in transfer, from someone else entitled to the holding, is entitled to the holding.
  3. No one is entitled to a holding except by (repeated) applications of (a) and (b).

The complete principle of distributive justice would say simply that a distribution is just if everyone is entitled to the holdings they possess under the distribution (Nozick, p.151).

The statement of the Entitlement Theory includes reference to the principles of justice in acquisition and transfer. (For details of these principles see Nozick, pp.149-182.) The principle of justice in transfer is the least controversial and is designed to specify fair contracts while ruling out stealing, fraud, etc. The principle of justice in acquisition is more complicated and more controversial. The principle is meant to govern the gaining of exclusive property rights over the material world. For the justification of these rights, Nozick takes his inspiration from John Locke’s idea that everyone ‘owns’ themselves and, by mixing one’s labors with the world, self-ownership can generate ownership of some part of the material world. However, of Locke’s mixing metaphor, Nozick legitimately asks: ‘…why isn’t mixing what I own with what I don’t own a way of losing what I own rather than a way of gaining what I don’t? If I own a can of tomato juice and spill it in the sea so its molecules… mingle evenly throughout the sea, do I thereby come to own the sea, or have I foolishly dissipated my tomato juice?’ (Nozick 1974, p.174) Nozick concludes that what is significant about mixing our labor with the material world is that in doing so, we tend to increase the value of it, so that self-ownership can lead to ownership of the external world in such cases (Nozick 1974, pp. 149-182).

The obvious objection to this claim is that it is not clear why the first people to acquire some part of the material world should be able to exclude others from it (and, for instance, be the land owners while the later ones become the wage laborers). In response to this objection, Nozick puts a qualification on just acquisition, called the Lockean Proviso, whereby an exclusive acquisition of the external world is just, if, after the acquisition, there is ‘enough and as good left in common for others’. One of the main challenges for Libertarians has been to formulate a morally plausible interpretation of this proviso. According to Nozick’s interpretation, an acquisition is just if and only if the position of others after the acquisition is no worse than their position was when the acquisition was unowned or ‘held in common’. For Nozick’s critics, his proviso is unacceptably weak. This is because it fails to consider the position others may have achieved under alternative distributions and thereby instantiates the morally dubious criterion of whoever is first gets the exclusive spoils. For example, one can satisfy Nozick’s proviso by ‘acquiring’ a beach and charging $1 admission to those who previously were able to use the beach for free, so long as one compensates them with a benefit they deem equally valuable, such as a clean up or life-guarding service on the beach. However, the beach-goers would have been even better off had the more efficient organizer among them acquired the beach, charging only 50 cents for the same service, but this alternative is never considered under Nozick’s proviso. (Cohen, 1995)

Will Kymlicka has given a summary of the steps in Nozick’s self-ownership argument:

  1. People own themselves.
  2. The world is initially unowned.
  3. You can acquire absolute rights over a disproportionate share of the world, if you do not worsen the condition of others.
  4. It is relatively easy to acquire absolute rights over a disproportionate share of the world. Therefore:
  5. Once private property has been appropriated, a free market in capital and labor is morally required. (Kymlicka, p.112)

The assessment of this argument is quite complex, but the difficulties mentioned above with the proviso call into question the step from (3) to (4).

The challenge for Libertarians then is to find a plausible reading of (3) which will yield (4). Moreover, at one point, Nozick claims the proviso must apply to both acquisitions and transfers, compounding the problem.

Of course, many existing holdings are the result of acquisitions or transfers which at some point did not satisfy principles (a) and (b) above. Hence, Nozick must supplement those principles with a principle of rectification for past injustice. Although he does not specify this principle he does describe its purpose:

This principle uses historical information about previous situations and injustices done in them… and information about the actual course of events that flowed from these injustices, until the present, and it yields a description (or descriptions) of holdings in the society. The principle of rectification presumably will make use of its best estimate of subjunctive information about what would have occurred… if the injustice had not taken place. If the actual description of holdings turns out not to be one of the descriptions yielded by the principle, then one of the descriptions yielded must be realized. (Nozick 1974, pp. 152-153)

Nozick does not make an attempt to provide a principle of rectification. The absence of such a principle is much worse for a historical theory than for a patterned theory. Past injustices systematically undermine the justice of every subsequent distribution in historical theories. Nozick is clear that his historical theory is of no use in evaluating the justice of actual societies until such a theory of rectification is given:

In the absence of [a full treatment of the principle of rectification] applied to a particular society, one cannot use the analysis and theory presented here to condemn any particular scheme of transfer payments, unless it is clear that no considerations of rectification of injustice could apply to justify it. (Nozick 1974, p.231)

Unfortunately for the theory, no such treatment will ever be forthcoming because the task is, for all practical purposes, impossible. The numbers of injustices perpetrated throughout history, both within nations and between them, are enormous and the necessary details of the vast majority of injustices are unavailable. Even if the details of the injustices were available, the counterfactual causal chains could not be reliably determined and, as Derek Parfit has pointed out, in a different context, even the people who would have been born would have been different. (Parfit 1986) As a consequence, Nozick’s entitlement theory will never provide any guidance as to what the current distribution of material holdings should be nor what distributions or redistributions are legitimate or illegitimate. (Indeed Nozick suggests, for instance, the Difference Principle may be the best implementation of the principle of rectification.) Although Nozick is fairly candid about this consequence, many of his supporters and critics have ignored it and have carried on a vigorous debate as though his theory is an attempt to tell us something about the justice of current economic distributions.

Libertarians inspired by Nozick usually advocate a system in which there are exclusive property rights, with the role of the government restricted to the protection of these property rights. The property rights commonly rule out taxation for purposes other than raising the funds necessary to protect property rights. The strongest critique of any attempt to institute such a system of legally protected property rights comes, as we have seen, from Nozick’s theory itself — there seems no obvious reason to give strong legal protection to property rights which have arisen through violations of the just principles of acquisition and transfer. But putting this critique to one side for a moment, what other arguments are made in favor of exclusionary property rights?

As already noted, Nozick argues that because people own themselves and hence their talents, they own whatever they can produce with these talents. Moreover, it is possible in a free market to sell the products of exercising one’s talents. Any taxation of the income from such selling, according to Nozick, ‘institute[s] (partial) ownership by others of people and their actions and labor’. (Nozick, p.172) People, according to this argument, have these exclusive rights of ownership. Taxation then, simply involves violating these rights and allowing some people to own (partially) other people. Moreover, it is argued, any system not legally recognizing these rights violates Kant’s maxim to treat people always as ends in themselves and never merely as a means. The two main difficulties with this argument have been: (1) to show that self-ownership is only compatible with having such strong exclusive property rights; and (2) that a system of exclusive property rights is the best system for treating people with respect, as ends in themselves.

Nozick candidly accepts that he does not himself give a systematic moral justification of the exclusionary property rights he advocates: ‘This book does not present a precise theory of the moral basis of individual rights.’ (Nozick, p.xiv) But others have tried to provide more systematic justifications of similar rights (Lomasky, Steiner) or to develop, more fully, justifications to which Nozick alludes.

In addition to the arguments from self-ownership, and the requirement to treat people as ends in themselves, the most common other route for trying to justify exclusive property rights has been to argue that they are required for the maximization of freedom and/or liberty or the minimization of violations of these. (Hayek) As an empirical claim though, this appears to be false. If we compare countries with less exclusionary property rights (e.g. more taxation) with countries with more exclusionary property regimes, we see no systematic advantage in freedoms/liberties enjoyed by people in the latter countries. (Of course, we do see a difference in distribution of such freedoms/liberties in the latter countries, the richer have more and the poorer less, while in the former they are more evenly distributed.) Now if Libertarians restrict what counts as a valuable freedom/liberty (and discount other freedoms/liberties people value), it will follow that exclusionary property rights are required to maximize freedom/liberty or to minimize violations of these. But the challenge for these Libertarians is to show why only their favored liberties and freedoms are valuable, and not those which are weakened by a system of exclusive property rights.

  1. Feminist Principles

There is no one feminist conception of distributive justice; theorists who name themselves feminists defend positions across the political spectrum. Hence, feminists offer distinctive versions of all the theories considered so far as well as others. One way of thinking about what unifies many feminist theorists is an interest in what difference, if any, the practical experience of gender makes to the subject matter or study of justice; how different feminists answer this question distinguishes them from each other and from those alternative distributive principles which most inspire their thinking.

The distributive principles so far outlined, with the exception of strict egalitarianism, could be classified as liberal theories — they both inform, and are the product of, the liberal democracies which have emerged over the last two centuries. Lumping them together this way, though clumsy, makes the task of understanding the emergence of feminist critiques (and the subsequent positive theories) much easier.

John Stuart Mill in The Subjection of Women (1869) gives one of the clearest early feminist critiques of the political and distributive structures of the emerging liberal democracies. His writings provide the starting point for many contemporary liberal feminists. Mill argued that the principles associated with the developing liberalism of his time required equal political status for women. The principles Mill explicitly mentions include a rejection of the aristocracy of birth, equal opportunity in education and in the marketplace, equal rights to hold property, a rejection of the man as the legal head of the household, and equal rights to political participation. Feminists who follow Mill believe that a proper recognition of the position of women in society requires that women be given equal and the same rights as men have, and that these primarily protect their liberty and their status as equal persons under the law. Thus, government regulation should not prevent women from competing on equal terms with men in educational, professional, marketplace and political institutions. From the point of view of other feminisms, the liberal feminist position is a conservative one, in the sense that it requires the proper inclusion for women of the rights, protections, and opportunities previously secured for men, rather than a fundamental change to the traditional liberal position. The problem for women, on this view, is not liberalism but the failure of society and the State to properly instantiate liberal principles.

One phrase or motto around which a whole range of feminists have rallied, however, marks a significant break with Mill’s liberalism: ‘the personal is political.’ Feminists have offered a variety of interpretations of this motto, many of which take the form of a critique of liberal theories. Mill was crucial in developing the liberal doctrine of limiting the state’s intervention in the private lives of citizens. Many contemporary feminists have argued that the resulting liberal theories of justice have fundamentally been unable to accommodate the injustices that have their origins in this ‘protected’ private sphere. This particular feminist critique has also been a primary source of inspiration for the broader multicultural critique of liberalism. The liberal commitments to government neutrality and to a protected personal sphere of liberty, where the government must not interfere, have been primary critical targets.

While issues about neutrality and personal liberty go beyond debates about distributive justice they also have application within these debates. The feminist critics recognize that liberalism correctly identifies the government as one potential source of oppression against individuals, and therefore recommends powerful political protections of individual liberty. They argue, however, that liberal theories of distributive justice are unable to address the oppression which surfaces in the so-called private sphere of government non-interference. Susan Moller Okin, for example, documents the effects of the institution of the nuclear family, arguing that the consequence of this institution is a position of systematic material and political inequality for women. Standard liberal theories, committed to neutrality in the private sphere, seem powerless to address (or sometimes even recognize) striking and lasting inequalities for women, minorities, or historically oppressed racial groups, when these are merely the cumulative effect of individuals’ free behavior. Okin and others demonstrate, for example, that women have substantial disadvantages in competing in the market because of childrearing responsibilities which are not equally shared with men. As a consequence, any theory relying on market mechanisms, including most liberal theories, will yield systems which result in women systematically having less income and wealth than men. Thus, feminists have challenged contemporary political theorists to rethink the boundaries of political authority in the name of securing a just outcome for women and other historically oppressed groups.

While the political effects of personal freedom pose a serious challenge to contemporary liberal theories of distributive justice, the feminist critiques are somewhat puzzling because, as Jean Hampton puts it, many feminists appear to complain in the name of liberal values. In other words, their claims about the fundamental flaws of liberalism at the same time leave in tact the various ideals of liberty and equality which inspire the liberal theories of justice. Moreover, the task of defining feasible pathways for modifying the structure of liberal democracies without undermining their virtues and protections has proved more difficult than the setting out the criticisms of liberalism. Indeed, despite a legitimate feminist worry about the effects of so-called government neutrality on women’s material status, the relative neutrality of liberal democracies compared to non-liberal societies has been one of the significant contributing factors both to the flourishing of feminist theory and to the many significant practical gains women in liberal democracies have made relative to women in other parts of the world. The challenge, being taken up by many, is to navigate both a coherent theoretical and practical path in response to the best feminist critiques available (see the entry on feminist ethics).

  1. Methodology and Empirical Beliefs about Distributive Justice

How are we to go about choosing between the different distributive principles on offer, and respond to criticisms of the principles? Unfortunately, few philosophers explicitly discuss the methodology they are using. The most notable exception is John Rawls (1971, 1974) who explicitly brought the method of wide reflective equilibrium to political philosophy. This method has been brilliantly discussed by Norman Daniels over the years and the reader is strongly encouraged to refer to his entry (see reflective equilibrium) to understand how to evaluate, revise and choose between normative principles. While there is no point in reiterating the method here there are some supplementary issues worth noting.

Empirical data on the beliefs of the population about distributive justice was not available when Rawls published A Theory of Justice (Rawls 1971) but much empirical work has since been completed. Swift (1995, 1999) and Miller (1999, chaps. 3-4) have provided surveys of this literature and arguments for why those committed to the method of reflective equilibrium in distributive justice literature should take the beliefs of the population seriously, though not uncritically. Indeed, some go even further, arguing that the distributive decisions arising through the legitimate application of particular democratic processes might even, at least in part, constitute distributive justice.(Walzer 1984) Data on people’s beliefs about distributive justice is also useful for addressing the necessary intersection between philosophical and political processes. Such beliefs put constraints on what institutional and policy reforms are practically achievable in any generation — especially when the society is committed to democratic processes.

Two final methodological issues need to be noted. The first concerns the distinctive role counterexamples play in debates about distributive justice. As noted above, the overarching methodological concern of the distributive justice literature must be, in the first instance, the pressing choice of how the benefits and burdens of economic activity should be distributed, rather than the mere uncovering of abstract truth. Principles are to be implemented in real societies with the problems and constraints inherent in such application. Given this, pointing out that the application of any particular principle will have some, perhaps many, immoral results will not by itself constitute a fatal counterexample to any distributive theory. Such counter-evidence to a theory would only be fatal if there were an alternative, or improved, version of the theory, which, if fully implemented, would yield a morally preferable society overall. So, it is at least possible that the best distributive theory, when implemented, might yield a system which still has many injustices and/or negative consequences. This practical aspect partly distinguishes the role of counterexamples in distributive justice theory from many other philosophical areas. Given that distributive justice is about what to do now, not just what to think, alternate distributive theories must, in part, compete as comprehensive systems which take into account the practical constraints we face.

The second and related methodological point is that the evaluation of alternate distributive principles requires us (and their advocates) to consider the application of the distributive principle in the world. If it is uncertain or indeterminate how a particular distributive principle might in practice apply to the ordering of real societies, then this principle is not yet a serious candidate for our consideration. This is also true of principles whose implementation is practically impossible given the institutional/psychological/informational/technical constraints of a society. Distributive justice is not an area where we can say an idea is good in theory but not in practice. If it is not good in practice, then it is not good in theory either.

Source: Stanford Encyclopedia of Philosophy

Civil Disobedience

“The aim for which we were fighting the war was the loftiest, the most overpowering, that man can conceive: it was the freedom and independence of our nation…”

– Adolf Hitler

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I heartily accept the motto, “That government is best which governs least”; and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe–“That government is best which governs not at all”; and when men are prepared for it, that will be the kind of government which the will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient. The objections which have been brought against a standing army, and they are many and weighty, and deserve to prevail, may also at last be brought against a standing government. The standing army is only an arm of the standing government. The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for in the outset, the people would not have consented to this measure.

This American government–what is it but a tradition, though a recent one, endeavoring to transmit itself unimpaired to posterity, but each instant losing some of its integrity? It has not the vitality and force of a single living man; for a single man can bend it to his will. It is a sort of wooden gun to the people themselves. But it is not the less necessary for this; for the people must have some complicated machinery or other, and hear its din, to satisfy that idea of government which they have. Governments show thus how successfully men can be imposed upon, even impose on themselves, for their own advantage. It is excellent, we must all allow. Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of its way. It does not keep the country free. It does not settle the West. It does not educate. The character inherent in the American people has done all that has been accomplished; and it would have done somewhat more, if the government had not sometimes got in its way. For government is an expedient, by which men would fain succeed in letting one another alone; and, as has been said, when it is most expedient, the governed are most let alone by it. Trade and commerce, if they were not made of india-rubber, would never manage to bounce over obstacles which legislators are continually putting in their way; and if one were to judge these men wholly by the effects of their actions and not partly by their intentions, they would deserve to be classed and punished with those mischievious persons who put obstructions on the railroads.

But, to speak practically and as a citizen, unlike those who call themselves no-government men, I ask for, not at one no government, but at once a better government. Let every man make known what kind of government would command his respect, and that will be one step toward obtaining it.

After all, the practical reason why, when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases can not be based on justice, even as far as men understand it. Can there not be a government in which the majorities do not virtually decide right and wrong, but conscience?–in which majorities decide only those questions to which the rule of expediency is applicable? Must the citizen ever for a moment, or in the least degree, resign his conscience to the legislator? Why has every man a conscience then? I think that we should be men first, and subjects afterward. It is not desirable to cultivate a respect for the law, so much as for the right. The only obligation which I have a right to assume is to do at any time what I think right. It is truly enough said that a corporation has no conscience; but a corporation on conscientious men is a corporation with a conscience. Law never made men a whit more just; and, by means of their respect for it, even the well-disposed are daily made the agents on injustice. A common and natural result of an undue respect for the law is, that you may see a file of soldiers, colonel, captain, corporal, privates, powder-monkeys, and all, marching in admirable order over hill and dale to the wars, against their wills, ay, against their common sense and consciences, which makes it very steep marching indeed, and produces a palpitation of the heart. They have no doubt that it is a damnable business in which they are concerned; they are all peaceably inclined. Now, what are they? Men at all? or small movable forts and magazines, at the service of some unscrupulous man in power? Visit the Navy Yard, and behold a marine, such a man as an American government can make, or such as it can make a man with its black arts–a mere shadow and reminiscence of humanity, a man laid out alive and standing, and already, as one may say, buried under arms with funeral accompaniment, though it may be,

“Not a drum was heard, not a funeral note, As his corse to the rampart we hurried; Not a soldier discharged his farewell shot O’er the grave where out hero was buried.”

The mass of men serve the state thus, not as men mainly, but as machines, with their bodies. They are the standing army, and the militia, jailers, constables, posse comitatus, etc. In most cases there is no free exercise whatever of the judgement or of the moral sense; but they put themselves on a level with wood and earth and stones; and wooden men can perhaps be manufactured that will serve the purpose as well. Such command no more respect than men of straw or a lump of dirt. They have the same sort of worth only as horses and dogs. Yet such as these even are commonly esteemed good citizens. Others–as most legislators, politicians, lawyers, ministers, and office-holders–serve the state chiefly with their heads; and, as the rarely make any moral distinctions, they are as likely to serve the devil, without intending it, as God. A very few–as heroes, patriots, martyrs, reformers in the great sense, and men–serve the state with their consciences also, and so necessarily resist it for the most part; and they are commonly treated as enemies by it. A wise man will only be useful as a man, and will not submit to be “clay,” and “stop a hole to keep the wind away,” but leave that office to his dust at least:

“I am too high born to be propertied, To be a second at control, Or useful serving-man and instrument To any sovereign state throughout the world.”

He who gives himself entirely to his fellow men appears to them useless and selfish; but he who gives himself partially to them is pronounced a benefactor and philanthropist.

How does it become a man to behave toward the American government today? I answer, that he cannot without disgrace be associated with it. I cannot for an instant recognize that political organization as my government which is the slave’s government also.

All men recognize the right of revolution; that is, the right to refuse allegiance to, and to resist, the government, when its tyranny or its inefficiency are great and unendurable. But almost all say that such is not the case now. But such was the case, they think, in the Revolution of ’75. If one were to tell me that this was a bad government because it taxed certain foreign commodities brought to its ports, it is most probable that I should not make an ado about it, for I can do without them. All machines have their friction; and possibly this does enough good to counter-balance the evil. At any rate, it is a great evil to make a stir about it. But when the friction comes to have its machine, and oppression and robbery are organized, I say, let us not have such a machine any longer. In other words, when a sixth of the population of a nation which has undertaken to be the refuge of liberty are slaves, and a whole country is unjustly overrun and conquered by a foreign army, and subjected to military law, I think that it is not too soon for honest men to rebel and revolutionize. What makes this duty the more urgent is that fact that the country so overrun is not our own, but ours is the invading army.

Paley, a common authority with many on moral questions, in his chapter on the “Duty of Submission to Civil Government,” resolves all civil obligation into expediency; and he proceeds to say that “so long as the interest of the whole society requires it, that it, so long as the established government cannot be resisted or changed without public inconveniencey, it is the will of God. . .that the established government be obeyed–and no longer. This principle being admitted, the justice of every particular case of resistance is reduced to a computation of the quantity of the danger and grievance on the one side, and of the probability and expense of redressing it on the other.” Of this, he says, every man shall judge for himself. But Paley appears never to have contemplated those cases to which the rule of expediency does not apply, in which a people, as well and an individual, must do justice, cost what it may. If I have unjustly wrested a plank from a drowning man, I must restore it to him though I drown myself. This, according to Paley, would be inconvenient. But he that would save his life, in such a case, shall lose it. This people must cease to hold slaves, and to make war on Mexico, though it cost them their existence as a people.

In their practice, nations agree with Paley; but does anyone think that Massachusetts does exactly what is right at the present crisis?

“A drab of stat, a cloth-o’-silver slut, To have her train borne up, and her soul trail in the dirt.”

Practically speaking, the opponents to a reform in Massachusetts are not a hundred thousand politicians at the South, but a hundred thousand merchants and farmers here, who are more interested in commerce and agriculture than they are in humanity, and are not prepared to do justice to the slave and to Mexico, cost what it may. I quarrel not with far-off foes, but with those who, neat at home, co-operate with, and do the bidding of, those far away, and without whom the latter would be harmless. We are accustomed to say, that the mass of men are unprepared; but improvement is slow, because the few are not as materially wiser or better than the many. It is not so important that many should be good as you, as that there be some absolute goodness somewhere; for that will leaven the whole lump. There are thousands who are in opinion opposed to slavery and to the war, who yet in effect do nothing to put an end to them; who, esteeming themselves children of Washington and Franklin, sit down with their hands in their pockets, and say that they know not what to do, and do nothing; who even postpone the question of freedom to the question of free trade, and quietly read the prices-current along with the latest advices from Mexico, after dinner, and, it may be, fall asleep over them both. What is the price-current of an honest man and patriot today? They hesitate, and they regret, and sometimes they petition; but they do nothing in earnest and with effect. They will wait, well disposed, for other to remedy the evil, that they may no longer have it to regret. At most, they give up only a cheap vote, and a feeble countenance and Godspeed, to the right, as it goes by them. There are nine hundred and ninety-nine patrons of virtue to one virtuous man. But it is easier to deal with the real possessor of a thing than with the temporary guardian of it.

All voting is a sort of gaming, like checkers or backgammon, with a slight moral tinge to it, a playing with right and wrong, with moral questions; and betting naturally accompanies it. The character of the voters is not staked. I cast my vote, perchance, as I think right; but I am not vitally concerned that that right should prevail. I am willing to leave it to the majority. Its obligation, therefore, never exceeds that of expediency. Even voting for the right is doing nothing for it. It is only expressing to men feebly your desire that it should prevail. A wise man will not leave the right to the mercy of chance, nor wish it to prevail through the power of the majority. There is but little virtue in the action of masses of men. When the majority shall at length vote for the abolition of slavery, it will be because they are indifferent to slavery, or because there is but little slavery left to be abolished by their vote. They will then be the only slaves. Only his vote can hasten the abolition of slavery who asserts his own freedom by his vote.

I hear of a convention to be held at Baltimore, or elsewhere, for the selection of a candidate for the Presidency, made up chiefly of editors, and men who are politicians by profession; but I think, what is it to any independent, intelligent, and respectable man what decision they may come to? Shall we not have the advantage of this wisdom and honesty, nevertheless? Can we not count upon some independent votes? Are there not many individuals in the country who do not attend conventions? But no: I find that the respectable man, so called, has immediately drifted from his position, and despairs of his country, when his country has more reasons to despair of him. He forthwith adopts one of the candidates thus selected as the only available one, thus proving that he is himself available for any purposes of the demagogue. His vote is of no more worth than that of any unprincipled foreigner or hireling native, who may have been bought. O for a man who is a man, and, and my neighbor says, has a bone is his back which you cannot pass your hand through! Our statistics are at fault: the population has been returned too large. How many men are there to a square thousand miles in the country? Hardly one. Does not America offer any inducement for men to settle here? The American has dwindled into an Odd Fellow–one who may be known by the development of his organ of gregariousness, and a manifest lack of intellect and cheerful self-reliance; whose first and chief concern, on coming into the world, is to see that the almshouses are in good repair; and, before yet he has lawfully donned the virile garb, to collect a fund to the support of the widows and orphans that may be; who, in short, ventures to live only by the aid of the Mutual Insurance company, which has promised to bury him decently.

It is not a man’s duty, as a matter of course, to devote himself to the eradication of any, even to most enormous, wrong; he may still properly have other concerns to engage him; but it is his duty, at least, to wash his hands of it, and, if he gives it no thought longer, not to give it practically his support. If I devote myself to other pursuits and contemplations, I must first see, at least, that I do not pursue them sitting upon another man’s shoulders. I must get off him first, that he may pursue his contemplations too. See what gross inconsistency is tolerated. I have heard some of my townsmen say, “I should like to have them order me out to help put down an insurrection of the slaves, or to march to Mexico–see if I would go”; and yet these very men have each, directly by their allegiance, and so indirectly, at least, by their money, furnished a substitute. The soldier is applauded who refuses to serve in an unjust war by those who do not refuse to sustain the unjust government which makes the war; is applauded by those whose own act and authority he disregards and sets at naught; as if the state were penitent to that degree that it hired one to scourge it while it sinned, but not to that degree that it left off sinning for a moment. Thus, under the name of Order and Civil Government, we are all made at last to pay homage to and support our own meanness. After the first blush of sin comes its indifference; and from immoral it becomes, as it were, unmoral, and not quite unnecessary to that life which we have made.

The broadest and most prevalent error requires the most disinterested virtue to sustain it. The slight reproach to which the virtue of patriotism is commonly liable, the noble are most likely to incur. Those who, while they disapprove of the character and measures of a government, yield to it their allegiance and support are undoubtedly its most conscientious supporters, and so frequently the most serious obstacles to reform. Some are petitioning the State to dissolve the Union, to disregard the requisitions of the President. Why do they not dissolve it themselves–the union between themselves and the State–and refuse to pay their quota into its treasury? Do not they stand in same relation to the State that the State does to the Union? And have not the same reasons prevented the State from resisting the Union which have prevented them from resisting the State?

How can a man be satisfied to entertain and opinion merely, and enjoy it? Is there any enjoyment in it, if his opinion is that he is aggrieved? If you are cheated out of a single dollar by your neighbor, you do not rest satisfied with knowing you are cheated, or with saying that you are cheated, or even with petitioning him to pay you your due; but you take effectual steps at once to obtain the full amount, and see to it that you are never cheated again. Action from principle, the perception and the performance of right, changes things and relations; it is essentially revolutionary, and does not consist wholly with anything which was. It not only divided States and churches, it divides families; ay, it divides the individual, separating the diabolical in him from the divine.

Unjust laws exist: shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once? Men, generally, under such a government as this, think that they ought to wait until they have persuaded the majority to alter them. They think that, if they should resist, the remedy would be worse than the evil. But it is the fault of the government itself that the remedy is worse than the evil. It makes it worse. Why is it not more apt to anticipate and provide for reform? Why does it not cherish its wise minority? Why does it cry and resist before it is hurt? Why does it not encourage its citizens to put out its faults, and do better than it would have them? Why does it always crucify Christ and excommunicate Copernicus and Luther, and pronounce Washington and Franklin rebels?

One would think, that a deliberate and practical denial of its authority was the only offense never contemplated by its government; else, why has it not assigned its definite, its suitable and proportionate, penalty? If a man who has no property refuses but once to earn nine shillings for the State, he is put in prison for a period unlimited by any law that I know, and determined only by the discretion of those who put him there; but if he should steal ninety times nine shillings from the State, he is soon permitted to go at large again.

If the injustice is part of the necessary friction of the machine of government, let it go, let it go: perchance it will wear smooth–certainly the machine will wear out. If the injustice has a spring, or a pulley, or a rope, or a crank, exclusively for itself, then perhaps you may consider whether the remedy will not be worse than the evil; but if it is of such a nature that it requires you to be the agent of injustice to another, then I say, break the law. Let your life be a counter-friction to stop the machine. What I have to do is to see, at any rate, that I do not lend myself to the wrong which I condemn.

As for adopting the ways of the State has provided for remedying the evil, I know not of such ways. They take too much time, and a man’s life will be gone. I have other affairs to attend to. I came into this world, not chiefly to make this a good place to live in, but to live in it, be it good or bad. A man has not everything to do, but something; and because he cannot do everything, it is not necessary that he should be petitioning the Governor or the Legislature any more than it is theirs to petition me; and if they should not hear my petition, what should I do then? But in this case the State has provided no way: its very Constitution is the evil. This may seem to be harsh and stubborn and unconcilliatory; but it is to treat with the utmost kindness and consideration the only spirit that can appreciate or deserves it. So is all change for the better, like birth and death, which convulse the body.

I do not hesitate to say, that those who call themselves Abolitionists should at once effectually withdraw their support, both in person and property, from the government of Massachusetts, and not wait till they constitute a majority of one, before they suffer the right to prevail through them. I think that it is enough if they have God on their side, without waiting for that other one. Moreover, any man more right than his neighbors constitutes a majority of one already.

I meet this American government, or its representative, the State government, directly, and face to face, once a year–no more–in the person of its tax-gatherer; this is the only mode in which a man situated as I am necessarily meets it; and it then says distinctly, Recognize me; and the simplest, the most effectual, and, in the present posture of affairs, the indispensablest mode of treating with it on this head, of expressing your little satisfaction with and love for it, is to deny it then. My civil neighbor, the tax-gatherer, is the very man I have to deal with–for it is, after all, with men and not with parchment that I quarrel–and he has voluntarily chosen to be an agent of the government. How shall he ever know well that he is and does as an officer of the government, or as a man, until he is obliged to consider whether he will treat me, his neighbor, for whom he has respect, as a neighbor and well-disposed man, or as a maniac and disturber of the peace, and see if he can get over this obstruction to his neighborlines without a ruder and more impetuous thought or speech corresponding with his action. I know this well, that if one thousand, if one hundred, if ten men whom I could name–if ten honest men only–ay, if one HONEST man, in this State of Massachusetts, ceasing to hold slaves, were actually to withdraw from this co-partnership, and be locked up in the county jail therefor, it would be the abolition of slavery in America. For it matters not how small the beginning may seem to be: what is once well done is done forever. But we love better to talk about it: that we say is our mission. Reform keeps many scores of newspapers in its service, but not one man. If my esteemed neighbor, the State’s ambassador, who will devote his days to the settlement of the question of human rights in the Council Chamber, instead of being threatened with the prisons of Carolina, were to sit down the prisoner of Massachusetts, that State which is so anxious to foist the sin of slavery upon her sister–though at present she can discover only an act of inhospitality to be the ground of a quarrel with her–the Legislature would not wholly waive the subject of the following winter.

Under a government which imprisons unjustly, the true place for a just man is also a prison. The proper place today, the only place which Massachusetts has provided for her freer and less despondent spirits, is in her prisons, to be put out and locked out of the State by her own act, as they have already put themselves out by their principles. It is there that the fugitive slave, and the Mexican prisoner on parole, and the Indian come to plead the wrongs of his race should find them; on that separate but more free and honorable ground, where the State places those who are not with her, but against her–the only house in a slave State in which a free man can abide with honor. If any think that their influence would be lost there, and their voices no longer afflict the ear of the State, that they would not be as an enemy within its walls, they do not know by how much truth is stronger than error, nor how much more eloquently and effectively he can combat injustice who has experienced a little in his own person. Cast your whole vote, not a strip of paper merely, but your whole influence. A minority is powerless while it conforms to the majority; it is not even a minority then; but it is irresistible when it clogs by its whole weight. If the alternative is to keep all just men in prison, or give up war and slavery, the State will not hesitate which to choose. If a thousand men were not to pay their tax bills this year, that would not be a violent and bloody measure, as it would be to pay them, and enable the State to commit violence and shed innocent blood. This is, in fact, the definition of a peaceable revolution, if any such is possible. If the tax-gatherer, or any other public officer, asks me, as one has done, “But what shall I do?” my answer is, “If you really wish to do anything, resign your office.” When the subject has refused allegiance, and the officer has resigned from office, then the revolution is accomplished. But even suppose blood shed when the conscience is wounded? Through this wound a man’s real manhood and immortality flow out, and he bleeds to an everlasting death. I see this blood flowing now.

I have contemplated the imprisonment of the offender, rather than the seizure of his goods–though both will serve the same purpose–because they who assert the purest right, and consequently are most dangerous to a corrupt State, commonly have not spent much time in accumulating property. To such the State renders comparatively small service, and a slight tax is wont to appear exorbitant, particularly if they are obliged to earn it by special labor with their hands. If there were one who lived wholly without the use of money, the State itself would hesitate to demand it of him. But the rich man–not to make any invidious comparison–is always sold to the institution which makes him rich. Absolutely speaking, the more money, the less virtue; for money comes between a man and his objects, and obtains them for him; it was certainly no great virtue to obtain it. It puts to rest many questions which he would otherwise be taxed to answer; while the only new question which it puts is the hard but superfluous one, how to spend it. Thus his moral ground is taken from under his feet. The opportunities of living are diminished in proportion as that are called the “means” are increased. The best thing a man can do for his culture when he is rich is to endeavor to carry out those schemes which he entertained when he was poor. Christ answered the Herodians according to their condition. “Show me the tribute-money,” said he–and one took a penny out of his pocket–if you use money which has the image of Caesar on it, and which he has made current and valuable, that is, if you are men of the State, and gladly enjoy the advantages of Caesar’s government, then pay him back some of his own when he demands it. “Render therefore to Caesar that which is Caesar’s and to God those things which are God’s”–leaving them no wiser than before as to which was which; for they did not wish to know.

When I converse with the freest of my neighbors, I perceive that, whatever they may say about the magnitude and seriousness of the question, and their regard for the public tranquillity, the long and the short of the matter is, that they cannot spare the protection of the existing government, and they dread the consequences to their property and families of disobedience to it. For my own part, I should not like to think that I ever rely on the protection of the State. But, if I deny the authority of the State when it presents its tax bill, it will soon take and waste all my property, and so harass me and my children without end. This is hard. This makes it impossible for a man to live honestly, and at the same time comfortably, in outward respects. It will not be worth the while to accumulate property; that would be sure to go again. You must hire or squat somewhere, and raise but a small crop, and eat that soon. You must live within yourself, and depend upon yourself always tucked up and ready for a start, and not have many affairs. A man may grow rich in Turkey even, if he will be in all respects a good subject of the Turkish government. Confucius said: “If a state is governed by the principles of reason, poverty and misery are subjects of shame; if a state is not governed by the principles of reason, riches and honors are subjects of shame.” No: until I want the protection of Massachusetts to be extended to me in some distant Southern port, where my liberty is endangered, or until I am bent solely on building up an estate at home by peaceful enterprise, I can afford to refuse allegiance to Massachusetts, and her right to my property and life. It costs me less in every sense to incur the penalty of disobedience to the State than it would to obey. I should feel as if I were worth less in that case.

Some years ago, the State met me in behalf of the Church, and commanded me to pay a certain sum toward the support of a clergyman whose preaching my father attended, but never I myself. “Pay,” it said, “or be locked up in the jail.” I declined to pay. But, unfortunately, another man saw fit to pay it. I did not see why the schoolmaster should be taxed to support the priest, and not the priest the schoolmaster; for I was not the State’s schoolmaster, but I supported myself by voluntary subscription. I did not see why the lyceum should not present its tax bill, and have the State to back its demand, as well as the Church. However, as the request of the selectmen, I condescended to make some such statement as this in writing: “Know all men by these presents, that I, Henry Thoreau, do not wish to be regarded as a member of any society which I have not joined.” This I gave to the town clerk; and he has it. The State, having thus learned that I did not wish to be regarded as a member of that church, has never made a like demand on me since; though it said that it must adhere to its original presumption that time. If I had known how to name them, I should then have signed off in detail from all the societies which I never signed on to; but I did not know where to find such a complete list.

I have paid no poll tax for six years. I was put into a jail once on this account, for one night; and, as I stood considering the walls of solid stone, two or three feet thick, the door of wood and iron, a foot thick, and the iron grating which strained the light, I could not help being struck with the foolishness of that institution which treated my as if I were mere flesh and blood and bones, to be locked up. I wondered that it should have concluded at length that this was the best use it could put me to, and had never thought to avail itself of my services in some way. I saw that, if there was a wall of stone between me and my townsmen, there was a still more difficult one to climb or break through before they could get to be as free as I was. I did nor for a moment feel confined, and the walls seemed a great waste of stone and mortar. I felt as if I alone of all my townsmen had paid my tax. They plainly did not know how to treat me, but behaved like persons who are underbred. In every threat and in every compliment there was a blunder; for they thought that my chief desire was to stand the other side of that stone wall. I could not but smile to see how industriously they locked the door on my meditations, which followed them out again without let or hindrance, and they were really all that was dangerous. As they could not reach me, they had resolved to punish my body; just as boys, if they cannot come at some person against whom they have a spite, will abuse his dog. I saw that the State was half-witted, that it was timid as a lone woman with her silver spoons, and that it did not know its friends from its foes, and I lost all my remaining respect for it, and pitied it.

Thus the state never intentionally confronts a man’s sense, intellectual or moral, but only his body, his senses. It is not armed with superior with or honesty, but with superior physical strength. I was not born to be forced. I will breathe after my own fashion. Let us see who is the strongest. What force has a multitude? They only can force me who obey a higher law than I. They force me to become like themselves. I do not hear of men being forced to live this way or that by masses of men. What sort of life were that to live? When I meet a government which says to me, “Your money our your life,” why should I be in haste to give it my money? It may be in a great strait, and not know what to do: I cannot help that. It must help itself; do as I do. It is not worth the while to snivel about it. I am not responsible for the successful working of the machinery of society. I am not the son of the engineer. I perceive that, when an acorn and a chestnut fall side by side, the one does not remain inert to make way for the other, but both obey their own laws, and spring and grow and flourish as best they can, till one, perchance, overshadows and destroys the other. If a plant cannot live according to nature, it dies; and so a man.

The night in prison was novel and interesting enough. The prisoners in their shirtsleeves were enjoying a chat and the evening air in the doorway, when I entered. But the jailer said, “Come, boys, it is time to lock up”; and so they dispersed, and I heard the sound of their steps returning into the hollow apartments. My room-mate was introduced to me by the jailer as “a first-rate fellow and clever man.” When the door was locked, he showed me where to hang my hat, and how he managed matters there. The rooms were whitewashed once a month; and this one, at least, was the whitest, most simply furnished, and probably neatest apartment in town. He naturally wanted to know where I came from, and what brought me there; and, when I had told him, I asked him in my turn how he came there, presuming him to be an honest an, of course; and as the world goes, I believe he was. “Why,” said he, “they accuse me of burning a barn; but I never did it.” As near as I could discover, he had probably gone to bed in a barn when drunk, and smoked his pipe there; and so a barn was burnt. He had the reputation of being a clever man, had been there some three months waiting for his trial to come on, and would have to wait as much longer; but he was quite domesticated and contented, since he got his board for nothing, and thought that he was well treated.

He occupied one window, and I the other; and I saw that if one stayed there long, his principal business would be to look out the window. I had soon read all the tracts that were left there, and examined where former prisoners had broken out, and where a grate had been sawed off, and heard the history of the various occupants of that room; for I found that even there there was a history and a gossip which never circulated beyond the walls of the jail. Probably this is the only house in the town where verses are composed, which are afterward printed in a circular form, but not published. I was shown quite a long list of young men who had been detected in an attempt to escape, who avenged themselves by singing them.

I pumped my fellow-prisoner as dry as I could, for fear I should never see him again; but at length he showed me which was my bed, and left me to blow out the lamp.

It was like travelling into a far country, such as I had never expected to behold, to lie there for one night. It seemed to me that I never had heard the town clock strike before, not the evening sounds of the village; for we slept with the windows open, which were inside the grating. It was to see my native village in the light of the Middle Ages, and our Concord was turned into a Rhine stream, and visions of knights and castles passed before me. They were the voices of old burghers that I heard in the streets. I was an involuntary spectator and auditor of whatever was done and said in the kitchen of the adjacent village inn–a wholly new and rare experience to me. It was a closer view of my native town. I was fairly inside of it. I never had seen its institutions before. This is one of its peculiar institutions; for it is a shire town. I began to comprehend what its inhabitants were about.

In the morning, our breakfasts were put through the hole in the door, in small oblong-square tin pans, made to fit, and holding a pint of chocolate, with brown bread, and an iron spoon. When they called for the vessels again, I was green enough to return what bread I had left, but my comrade seized it, and said that I should lay that up for lunch or dinner. Soon after he was let out to work at haying in a neighboring field, whither he went every day, and would not be back till noon; so he bade me good day, saying that he doubted if he should see me again.

When I came out of prison–for some one interfered, and paid that tax–I did not perceive that great changes had taken place on the common, such as he observed who went in a youth and emerged a gray-headed man; and yet a change had come to my eyes come over the scene–the town, and State, and country, greater than any that mere time could effect. I saw yet more distinctly the State in which I lived. I saw to what extent the people among whom I lived could be trusted as good neighbors and friends; that their friendship was for summer weather only; that they did not greatly propose to do right; that they were a distinct race from me by their prejudices and superstitions, as the Chinamen and Malays are that in their sacrifices to humanity they ran no risks, not even to their property; that after all they were not so noble but they treated the thief as he had treated them, and hoped, by a certain outward observance and a few prayers, and by walking in a particular straight through useless path from time to time, to save their souls. This may be to judge my neighbors harshly; for I believe that many of them are not aware that they have such an institution as the jail in their village.

It was formerly the custom in our village, when a poor debtor came out of jail, for his acquaintances to salute him, looking through their fingers, which were crossed to represent the jail window, “How do ye do?” My neighbors did not this salute me, but first looked at me, and then at one another, as if I had returned from a long journey. I was put into jail as I was going to the shoemaker’s to get a shoe which was mender. When I was let out the next morning, I proceeded to finish my errand, and, having put on my mended show, joined a huckleberry party, who were impatient to put themselves under my conduct; and in half an hour–for the horse was soon tackled–was in the midst of a huckleberry field, on one of our highest hills, two miles off, and then the State was nowhere to be seen.

This is the whole history of “My Prisons.”

I have never declined paying the highway tax, because I am as desirous of being a good neighbor as I am of being a bad subject; and as for supporting schools, I am doing my part to educate my fellow countrymen now. It is for no particular item in the tax bill that I refuse to pay it. I simply wish to refuse allegiance to the State, to withdraw and stand aloof from it effectually. I do not care to trace the course of my dollar, if I could, till it buys a man a musket to shoot one with–the dollar is innocent–but I am concerned to trace the effects of my allegiance. In fact, I quietly declare war with the State, after my fashion, though I will still make use and get what advantages of her I can, as is usual in such cases.

If others pay the tax which is demanded of me, from a sympathy with the State, they do but what they have already done in their own case, or rather they abet injustice to a greater extent than the State requires. If they pay the tax from a mistaken interest in the individual taxed, to save his property, or prevent his going to jail, it is because they have not considered wisely how far they let their private feelings interfere with the public good.

This, then is my position at present. But one cannot be too much on his guard in such a case, lest his actions be biased by obstinacy or an undue regard for the opinions of men. Let him see that he does only what belongs to himself and to the hour.

I think sometimes, Why, this people mean well, they are only ignorant; they would do better if they knew how: why give your neighbors this pain to treat you as they are not inclined to? But I think again, This is no reason why I should do as they do, or permit others to suffer much greater pain of a different kind. Again, I sometimes say to myself, When many millions of men, without heat, without ill will, without personal feelings of any kind, demand of you a few shillings only, without the possibility, such is their constitution, of retracting or altering their present demand, and without the possibility, on your side, of appeal to any other millions, why expose yourself to this overwhelming brute force? You do not resist cold and hunger, the winds and the waves, thus obstinately; you quietly submit to a thousand similar necessities. You do not put your head into the fire. But just in proportion as I regard this as not wholly a brute force, but partly a human force, and consider that I have relations to those millions as to so many millions of men, and not of mere brute or inanimate things, I see that appeal is possible, first and instantaneously, from them to the Maker of them, and, secondly, from them to themselves. But if I put my head deliberately into the fire, there is no appeal to fire or to the Maker for fire, and I have only myself to blame. If I could convince myself that I have any right to be satisfied with men as they are, and to treat them accordingly, and not according, in some respects, to my requisitions and expectations of what they and I ought to be, then, like a good Mussulman and fatalist, I should endeavor to be satisfied with things as they are, and say it is the will of God. And, above all, there is this difference between resisting this and a purely brute or natural force, that I can resist this with some effect; but I cannot expect, like Orpheus, to change the nature of the rocks and trees and beasts.

I do not wish to quarrel with any man or nation. I do not wish to split hairs, to make fine distinctions, or set myself up as better than my neighbors. I seek rather, I may say, even an excuse for conforming to the laws of the land. I am but too ready to conform to them. Indeed, I have reason to suspect myself on this head; and each year, as the tax-gatherer comes round, I find myself disposed to review the acts and position of the general and State governments, and the spirit of the people to discover a pretext for conformity.

“We must affect our country as our parents, And if at any time we alienate Out love or industry from doing it honor, We must respect effects and teach the soul Matter of conscience and religion, And not desire of rule or benefit.”

I believe that the State will soon be able to take all my work of this sort out of my hands, and then I shall be no better patriot than my fellow-countrymen. Seen from a lower point of view, the Constitution, with all its faults, is very good; the law and the courts are very respectable; even this State and this American government are, in many respects, very admirable, and rare things, to be thankful for, such as a great many have described them; seen from a higher still, and the highest, who shall say what they are, or that they are worth looking at or thinking of at all?

However, the government does not concern me much, and I shall bestow the fewest possible thoughts on it. It is not many moments that I live under a government, even in this world. If a man is thought-free, fancy-free, imagination-free, that which is not never for a long time appearing to be to him, unwise rulers or reformers cannot fatally interrupt him.

I know that most men think differently from myself; but those whose lives are by profession devoted to the study of these or kindred subjects content me as little as any. Statesmen and legislators, standing so completely within the institution, never distinctly and nakedly behold it. They speak of moving society, but have no resting-place without it. They may be men of a certain experience and discrimination, and have no doubt invented ingenious and even useful systems, for which we sincerely thank them; but all their wit and usefulness lie within certain not very wide limits. They are wont to forget that the world is not governed by policy and expediency. Webster never goes behind government, and so cannot speak with authority about it. His words are wisdom to those legislators who contemplate no essential reform in the existing government; but for thinkers, and those who legislate for all tim, he never once glances at the subject. I know of those whose serene and wise speculations on this theme would soon reveal the limits of his mind’s range and hospitality. Yet, compared with the cheap professions of most reformers, and the still cheaper wisdom an eloquence of politicians in general, his are almost the only sensible and valuable words, and we thank Heaven for him. Comparatively, he is always strong, original, and, above all, practical. Still, his quality is not wisdom, but prudence. The lawyer’s truth is not Truth, but consistency or a consistent expediency. Truth is always in harmony with herself, and is not concerned chiefly to reveal the justice that may consist with wrong-doing. He well deserves to be called, as he has been called, the Defender of the Constitution. There are really no blows to be given him but defensive ones. He is not a leader, but a follower. His leaders are the men of ’87. “I have never made an effort,” he says, “and never propose to make an effort; I have never countenanced an effort, and never mean to countenance an effort, to disturb the arrangement as originally made, by which various States came into the Union.” Still thinking of the sanction which the Constitution gives to slavery, he says, “Because it was part of the original compact–let it stand.” Notwithstanding his special acuteness and ability, he is unable to take a fact out of its merely political relations, and behold it as it lies absolutely to be disposed of by the intellect–what, for instance, it behooves a man to do here in American today with regard to slavery–but ventures, or is driven, to make some such desperate answer to the following, while professing to speak absolutely, and as a private man–from which what new and singular of social duties might be inferred? “The manner,” says he, “in which the governments of the States where slavery exists are to regulate it is for their own consideration, under the responsibility to their constituents, to the general laws of propriety, humanity, and justice, and to God. Associations formed elsewhere, springing from a feeling of humanity, or any other cause, have nothing whatever to do with it. They have never received any encouragement from me and they never will.

They who know of no purer sources of truth, who have traced up its stream no higher, stand, and wisely stand, by the Bible and the Constitution, and drink at it there with reverence and humanity; but they who behold where it comes trickling into this lake or that pool, gird up their loins once more, and continue their pilgrimage toward its fountainhead.

No man with a genius for legislation has appeared in America. They are rare in the history of the world. There are orators, politicians, and eloquent men, by the thousand; but the speaker has not yet opened his mouth to speak who is capable of settling the much-vexed questions of the day. We love eloquence for its own sake, and not for any truth which t may utter, or any heroism it may inspire. Our legislators have not yet learned the comparative value of free trade and of freed, of union, and of rectitude, to a nation. They have no genius or talent for comparatively humble questions of taxation and finance, commerce and manufactures and agriculture. If we were left solely to the wordy wit of legislators in Congress for our guidance, uncorrected by the seasonable experience and the effectual complaints of the people, America would not long retain her rank among the nations. For eighteen hundred years, though perchance I have no right to say it, the New Testament has been written; yet where is the legislator who has wisdom and practical talent enough to avail himself of the light which it sheds on the science of legislation.

The authority of government, even such as I am willing to submit to–for I will cheerfully obey those who know and can do better than I, and in many things even those who neither know nor can do so well–is still an impure one: to be strictly just, it must have the sanction and consent of the governed. It can have no pure right over my person and property but what I concede to it. The progress from an absolute to a limited monarchy, from a limited monarchy to a democracy, is a progress toward a true respect for the individual. Even the Chinese philosopher was wise enough to regard the individual as the basis of the empire. Is a democracy, such as we know it, the last improvement possible in government? Is it not possible to take a step further towards recognizing and organizing the rights of man? There will never be a really free and enlightened State until the State comes to recognize the individual as a higher and independent power, from which all its own power and authority are derived, and treats him accordingly. I please myself with imagining a State at last which can afford to be just to all men, and to treat the individual with respect as a neighbor; which even would not think it inconsistent with its own repose if a few were to live aloof from it, not meddling with it, nor embraced by it, who fulfilled all the duties of neighbors and fellow men. A State which bore this kind of fruit, and suffered it to drop off as fast as it ripened, would prepare the way for a still more perfect and glorious State, which I have also imagined, but not yet anywhere seen.

– Henry David Thoreau, 1849

See also: Plato, Aristotle, Hobbes, Locke, Hume, Rousseau, Hegel, Marx, Nietzsche