In our updated Social Contract as a function of peace, Basic Income is, as a matter of logic and not ideology, a part of the agreement following the technological tower of Babel presented by industrial automation. Basic income means beer and bacon sold. The machines are doing all the work. What you do is....and presto! Every citizen and permanent resident is a recipient! Was their a war to raise the cost of a parking ticket? You have the power and the legislation and in fact, you have the binding legislation in place under the emergency powers to whatever is necessary and it will not be your party to get the credit unless your party is in office right now. Read more. Click here. The populace left to itself always wills the good, but left to itself it doesn’t always see what that is. The general will is always in the right, but the judgment that guides it isn’t always enlightened. It ought to be •made to see objects as they are, and sometimes as they ought to appear to it; •shown the good road it is in search of, •secured from the seductive influences of individual wills, •taught to look carefully at other places and times, and •made to weigh the attractions of present and sensible advantages against the danger of distant and hidden evils. Individuals see the good that they reject; the public wills the good that it doesn’t see.
6. The law
By the social compact we have given the body politic
•existence and •life; now it is up to legislation to give it
•movement and •will. The basic act that forms the body and
pulls it together does nothing to settle what it must do in
order to survive.
It’s the nature of things that makes an item good and in
conformity with order—human agreements don’t come into
it. All justice comes from God, who is its sole source; but if
we knew how to draw it from that high source we wouldn’t
need government or laws! No doubt there is a universal
justice emanating from reason alone, but this justice can
be admitted among us only if it is mutual. In the absence
of natural sanctions. . . .the laws of justice are ineffective
among men. . . . Agreements and laws are needed to join
rights to duties and relate justice to its object. In the state of
nature where everything is common, I don’t owe anything to
someone to whom I haven’t promised anything; I recognize
as belonging to others only what is of no use to me. It’s not
like that in the state of society, where all rights are fixed by
law.
But what, when we come down to it, is a law? As long as
we settle for attaching only metaphysical ideas to the word,
we’ll go on arguing without understanding one another. If
someone tells us what a law of nature is, that won’t bring us
any nearer to knowing what a law of the state is.
I have already said [page 15] that there is no general
will directed to a particular object. [Rousseau’s proof of that,
which follows, is severely compressed. The present version eases it out
in ways that the ·small dots· convention can’t easily signify.] We are
to suppose that the general will of populace x dictates that
(for example) individual person y is to be given a pension.
Either y is a member of x or he isn’t. (i) If he isn’t, then
x’s will doesn’t count as a general will in relation to him—it
may have absolutely nothing to do with y’s own will. (ii)
If y is a member of x, i.e. a part of x, then x’s will that y
receive a pension is a relation between whole and part that
makes them two separate beings, •x-without-y and •y. But
x-without-y isn’t the whole; and while this relation persists
it’s a relation between two unequal parts; and it follows that
the will of one is no longer in any respect general in relation
to the other.
But when the whole people decrees for the whole people, it
is ·not looking outside itself, but· considering only itself; and
if a relation is then formed, it is ·not between two separate
objects, but only· between two aspects of a single entire
object, with no need to split it into two parts. In that case the
matter about which the decree is made is, like the decreeing
will, general. This act is what I call a law.
When I say that the object of laws is always general, I
mean that law considers subjects collectively and considers
kinds or actions, never a particular person or action. Thus
the law can decree that there shall be privileges, but it can’t
name anyone who is to get them. It can set up different
classes of citizens, and even stipulate the qualifications for
belonging to each of these classes, but it can’t pick out any
individuals as belonging to this or that class. It can establish
a monarchy with hereditary succession, but it can’t choose
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The Social Contract Jean-Jacques Rousseau 26. The law
a king or name a royal family. In short, any action that has
an individual object falls outside the scope of the legislative
power.
We see at once that on this account of things certain
questions can be laid aside. ‘Whose business it is to make
laws?’ (They are acts of the general will.) ‘Is the prince is
above the law? (·No·, because he is a member of the state.)
‘Can the law be unjust?’ (·No·, because nothing is unjust
towards itself.) ‘How can we be both •free and •subject to the
laws? (·There’s no problem about this·, because the laws are
nothing but records of our volitions.)
We see further that because the law unites universality
of will with universality of object, nothing that a man—any
man—commands on his own initiative can be a law. That
holds even for the sovereign: what he or it commands with
regard to a particular matter is not a law but a decree, an
act not of sovereignty but of magistracy.
So I give the name ‘republic’ to any state governed by laws,
whatever form its administration takes; for only when the
laws govern does the public interest govern, and the public
thing is something real. [Rousseau expected his readers to recognize
that chose publique (= ‘public thing’) is in Latin res publica, which is the
origin of république (= ‘republic’).] Every legitimate government is
republican;8 what government is I will explain later on.
Laws are really only the conditions of civil association.
Because the populace is subject to the laws, it ought to
be their author: the conditions of •the society ought to be
regulated solely by those who come together to form •it. But
how will they do this? By a common agreement? By a sudden
inspiration? Does the body politic have an organ—·like vocal
cords and a tongue·—to declare its will? Who can give it the
foresight to formulate and announce its acts in advance?
or how is it to announce them in the hour of need? How
can a blind multitude, which often doesn’t know what it
wills because it rarely knows what is good for it, carry out
for itself such a great and difficult enterprise as a system
of legislation? The populace left to itself always wills the
good, but left to itself it doesn’t always see what that is. The
general will is always in the right, but the judgment that
guides it isn’t always enlightened. It ought to be
•made to see objects as they are, and sometimes as
they ought to appear to it;
•shown the good road it is in search of,
•secured from the seductive influences of individual
wills,
•taught to look carefully at other places and times, and
•made to weigh the attractions of present and sensible
advantages against the danger of distant and hidden
evils.
Individuals see the good that they reject; the public wills the
good that it doesn’t see. Both need guidance. Individuals
must be made to bring their wills into line with their reason;
the populace must be taught to know what it wills. If
that is done, public enlightenment leads to the union of
understanding and will in the social body: the parts are
made to work exactly together, and the whole is raised to its
highest power. For this there has to be a law-maker.
8
I apply this word not merely to aristocracies and democracies but quite generally to any government directed by the general will, which is the law.
To be legitimate, the government must be not identical with the sovereign, but its minister; so even a monarchy can be a republic. I’ll clarify this in
Book 3.
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