Emile & The Social Contract. Jean-Jacques Rousseau
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"tyrant": they applied it indifferently to good and bad princes whose authority was not legitimate.2 Tyrant and usurper are thus perfectly synonymous terms.
In order that I may give different things different names, I call him who usurps the royal authority tyrant, and him who usurps the sovereign power a despot. The tyrant is he who thrusts himself in contrary to the laws to govern in accordance with the laws; the despot is he who sets himself above the laws themselves. Thus the tyrant cannot be a despot, but the despot is always a tyrant.
1. The slow formation and the progress of the Republic of Venice in its lagoons are a notable instance of this sequence; and it is most astonishing that, after more than twelve hundred years' existence, the Venetians seem to be still at the second stage, which they reached with the Serrar di Consiglio in 1198. As for the ancient Dukes who are brought up against them, it is proved, whatever the Squittinio della libertà veneta may say of them, that they were in no sense Sovereigns. A case certain to be cited against my view is that of the Roman Republic, which, it will be said, followed exactly the opposite course, and passed from monarchy to aristocracy and from aristocracy to democracy. I by no means take this view of it. What Romulus first set up was a mixed government, which soon deteriorated into despotism. From special causes, the State died an untimely death, as new-born children sometimes perish without reaching manhood. The expulsion of the Tarquins was the real period of the birth of the Republic. But at first it took on no constant form, because, by not abolishing the patriciate, it left half its work undone. For, by this means, hereditary aristocracy, the worst of all legitimate forms of administration, remained in conflict with democracy, and the form of the government, as Macchiavelli has proved, was only fixed on the establishment of the tribunate: only then was there a true government and a veritable democracy. In fact, the people was then not only Sovereign, but also magistrate and judge; the senate was only a subordinate tribunal, to temper and concentrate the government, and the consuls themselves, though they were patricians, first magistrates, and absolute generals in war, were in Rome itself no more than presidents of the people. From that point, the government followed its natural tendency, and inclined strongly to aristocracy. The patriciate, we may say, abolished itself, and the aristocracy was found no longer in the body of patricians as at Venice and Genoa, but in the body of the senate, which was composed of patricians and plebeians, and even in the body of tribunes when they began to usurp an active function: for names do not affect facts, and, when the people has rulers who govern for it, whatever name they bear, the government is an aristocracy. The abuse of aristocracy led to the civil wars and the triumvirate. Sulla, Julius Cæsar and Augustus became in fact real monarchs; and finally, under the despotism of Tiberius, the State was dissolved. Roman history then confirms, instead of invalidating, the principle I have laid down.
2. Omnes enim et habentur et dicuntur tyranni, qui potestate utuntur perpetua in ea civitate quæ libertate usa est (Cornelius Nepos, Life of Miltiades). [For all those are called and considered tyrants, who hold perpetual power in a State that has known liberty.] It is true that Aristotle (Nicomachean Ethics, Book viii, chapter x) distinguishes the tyrant from the king by the fact that the former governs in his own interest, and the latter only for the good of his subjects; but not only did all Greek authors in general use the word tyrant in a different sense, as appears most clearly in Xenophon's Hiero, but also it would follow from Aristotle's distinction that, from the very beginning of the world, there has not yet been a single king.
Chapter XI.
The Death of the Body Politic
Such is the natural and inevitable tendency of the best constituted governments. If Sparta and Rome perished, what State can hope to endure for ever? If we would set up a long-lived form of government, let us not even dream of making it eternal. If we are to succeed, we must not attempt the impossible, or flatter ourselves that we are endowing the work of man with a stability of which human conditions do not permit.
The body politic, as well as the human body, begins to die as soon as it is born, and carries in itself the causes of its destruction. But both may have a constitution that is more or less robust and suited to preserve them a longer or a shorter time. The constitution of man is the work of nature; that of the State the work of art. It is not in men's power to prolong their own lives; but it is for them to prolong as much as possible the life of the State, by giving it the best possible constitution. The best constituted State will have an end; but it will end later than any other, unless some unforeseen accident brings about its untimely destruction.
The life-principle of the body politic lies in the sovereign authority. The legislative power is the heart of the State; the executive power is its brain, which causes the movement of all the parts. The brain may become paralysed and the individual still live. A man may remain an imbecile and live; but as soon as the heart ceases to perform its functions, the animal is dead.
The State subsists by means not of the laws, but of the legislative power. Yesterday's law is not binding to-day; but silence is taken for tacit consent, and the Sovereign is held to confirm incessantly the laws it does not abrogate as it might. All that it has once declared itself to will it wills always, unless it revokes its declaration.
Why then is so much respect paid to old laws? For this very reason. We must believe that nothing but the excellence of old acts of will can have preserved them so long: if the Sovereign had not recognised them as throughout salutary, it would have revoked them a thousand times. This is why, so far from growing weak, the laws continually gain new strength in any well constituted State; the precedent of antiquity makes them daily more venerable: while wherever the laws grow weak as they become old, this proves that there is no longer a legislative power, and that the State is dead.
Chapter XII.
How the Sovereign Authority Maintains Itself
The Sovereign, having no force other than the legislative power, acts only by means of the laws; and the laws being solely the authentic acts of the general will, the Sovereign cannot act save when the people is assembled. The people in assembly, I shall be told, is a mere chimera. It is so to-day, but two thousand years ago it was not so. Has man's nature changed?
The bounds of possibility, in moral matters, are less narrow than we imagine: it is our weaknesses, our vices and our prejudices that confine them. Base souls have no belief in great men; vile slaves smile in mockery at the name of liberty.
Let us judge of what can be done by what has been done. I shall say nothing of the Republics of ancient Greece; but the Roman Republic was, to my mind, a great State, and the town of Rome a great town. The last census showed that there were in Rome four hundred thousand citizens capable of bearing arms, and the last computation of the population of the Empire showed over four million citizens, excluding subjects, foreigners, women, children and slaves.
What difficulties might not be supposed to stand in the way of the frequent assemblage of the vast population of this capital and its neighbourhood. Yet few weeks passed without the Roman people being in assembly, and even being so several times. It exercised not only the rights of Sovereignty, but also a part of those of government. It dealt with certain matters, and judged certain cases, and this whole people was found in the public meeting-place hardly less often as magistrates than as citizens.
If we went back to the earliest history of nations, we should find that most ancient governments, even those of monarchical form, such as the Macedonian and the Frankish, had similar councils. In any case, the one incontestable fact I have given is an answer to all difficulties; it is good logic to reason from the actual to the possible.