State Term Analysis

My purpose is to consider if, in political society, there can be any legitimate and sure principle of government, taking men as they are and laws as they might be.

Born as I was the citizen of a free state and a member of its sovereign body, the very right to vote imposes on me the duty to instruct myself in public affairs, however little influence my voice may have in them. And whenever I reflect upon governments, I am happy to find that my studies always give me fresh reasons for admiring that of my own country.

The act of association consists of a reciprocal commitment between society and the individual, so that each person, in making a contract, as it were, with himself, finds himself doubly committed, first, as a member of the sovereign body in relation to individuals, and secondly as a member of the state in relation to the sovereign. Here there can be no invoking the principle of civil law which says that no man is bound by a contract with himself, for there is a great difference between having an obligation to oneself and having an obligation to something of which one is a member.

I have already said that the general will cannot relate to any particular object. For such a particular object is either within the state or outside the state. If it is outside, then a will which is alien to it is not general with regard to it: if the object is within the state, it forms a part of the state. Thus there comes into being a relationship between the whole and the part which involves two separate entities, the part being one, and the whole, less that particular part, being the other. But a whole less a particular part is no longer a whole; and so as long as this relationship exists there is no whole but only two unequal parts, from which it follows that the will of the one is no longer general with respect to the other.

We can no longer ask who is to make laws, because laws are acts of the general will; no longer ask if the prince is above the law, because he is a part of the state; no longer ask if the law can be unjust, because no one is unjust to himself; and no longer ask how we can be both free and subject to laws, for the laws are but registers of what we ourselves desire.

The public force thus needs its own agent to call it together and put it into action in accordance with the instructions of the general will, to serve also as a means of communication between the state and the sovereign, and in a sense to do for the public person what is done for the individual by the union of soul and body. This is the reason why the state needs a government, something often unhappily confused with the sovereign, but of which it is really only the minister.

What, then, is the government? An intermediary body established between the subjects and the sovereign for their mutual communication, a body charged with the execution of the laws and the maintenance of freedom, both civil and political.

Such is the natural and inevitable tendency of the best constituted governments. If Sparta and Rome perished, what state can hope to last for ever? If we wish, then, to set up a lasting constitution, let us not dream of making it eternal. We can succeed only if we avoid attempting the impossible and flattering ourselves that we can give to the work of man a durability that does not belong to human things.

The better the state is constituted, the more does public business take precedence over private in the minds of the citizens. There is indeed much less private business, because the sum of the public happiness furnishes a larger proportion of each individual’s happiness, so there remains less for him to seek on his own. In a well-regulated nation, every man hastens to the assemblies; under a bad government, no one wants to take a step to go to them, because no one feels the least interest in what is done there, since it is predictable that the general will will not be dominant, and, in short, because domestic concerns absorb all the individual’s attention. Good laws lead men to make better ones; bad laws lead to worse. As soon as someone says of the business of the state—“What does it matter to me?”—then the state must be reckoned lost.

In the end, when the state, on the brink of ruin, can maintain itself only in an empty and illusory form, when the social bond is broken in every heart, when the meanest interest impudently flaunts the sacred name of the public good, then the general will is silenced: everyone, animated by secret motives, ceases to speak as a citizen any more than as if the state had never existed; and the people enacts in the guise of laws iniquitous decrees which have private interests as their only end.

Does it follow from this that the general will is annihilated or corrupted? No, that is always unchanging, incorruptible and pure, but it is subordinated to other wills which prevail over it. Each man, in detaching his interest from the common interest, sees clearly that he cannot separate it entirely, but his share of the public evil seems to him to be nothing compared to the exclusive good he seeks to make his own.