A Discourse Upon the Origin and the Foundation of the Inequality Among Mankind

Puffendorf says that, as we can transfer our property from one to another by contracts and conventions, we may likewise divest ourselves of our liberty in favour of other men. This, in my opinion, is a very poor way of arguing; for, in the first place, the property I cede to another becomes by such cession a thing quite foreign to me, and the abuse of which can no way affect me; but it concerns me greatly that my liberty is not abused, and I can not, without incurring the guilt of the crimes I may be forced to commit, expose myself to become the instrument of any. Besides, the right of property being of mere human convention and institution, every man may dispose as he pleases of what he possesses: But the case is otherwise with regard to the essential gifts of nature, such as life and liberty, which every man is permitted to enjoy, and of which it is doubtful at least whether any man has a right to divest himself: By giving up the one, we degrade our being; by giving up the other we annihilate it as much as it is our power to do so; and as no temporal enjoyments can indemnify us for the loss of either, it would be at once offending both nature and reason to renounce them for any consideration. But though we could transfer our liberty as we do our substance, the difference would be very great with regard to our children, who enjoy our substance but by a cession of our right; whereas liberty being a blessing, which as men they hold from nature, their parents have no right to strip them of it; so that as to establish slavery it was necessary to do violence to nature, so it was necessary to alter nature to perpetuate such a right; and the jurisconsults, who have gravely pronounced that the child of a slave comes a slave into the world, have in other words decided, that a man does not come a man into the world.

It therefore appears to me incontestably true, that not only governments did not begin by arbitrary power, which is but the corruption and extreme term of government, and at length brings it back to the law of the strongest, against which governments were at first the remedy, but even that, allowing they had commenced in this manner, such power being illegal in itself could never have served as a foundation to the rights of society, nor of course to the inequality of institution.

I shall not now enter upon the inquiries which still remain to be made into the nature of the fundamental pacts of every kind of government, but, following the common opinion, confine myself in this place to the establishment of the political body as a real contract between the multitude and the chiefs elected by it. A contract by which both parties oblige themselves to the observance of the laws that are therein stipulated, and form the bands of their union. The multitude having, on occasion of the social relations between them, concentered all their wills in one person, all the articles, in regard to which this will explains itself, become so many fundamental laws, which oblige without exception all the members of the state, and one of which laws regulates the choice and the power of the magistrates appointed to look to the execution of the rest. This power extends to everything that can maintain the constitution, but extends to nothing that can alter it. To this power are added honours, that may render the laws and the ministers of them respectable; and the persons of the ministers are distinguished by certain prerogatives, which may make them amends for the great fatigues inseparable from a good administration. The magistrate, on his side, obliges himself not to use the power with which he is intrusted but conformably to the intention of his constituents, to maintain every one of them in the peaceable possession of his property, and upon all occasions prefer the good of the public to his own private interest.

Before experience had demonstrated, or a thorough knowledge of the human heart had pointed out, the abuses inseparable from such a constitution, it must have appeared so much the more perfect, as those appointed to look to its preservation were themselves most concerned therein; for magistracy and its rights being built solely on the fundamental laws, as soon as these ceased to exist, the magistrates would cease to be lawful, the people would no longer be bound to obey them, and, as the essence of the state did not consist in the magistrates but in the laws, the members of it would immediately become entitled to their primitive and natural liberty.

A little reflection would afford us new arguments in confirmation of this truth, and the nature of the contract might alone convince us that it can not be irrevocable: for if there was no superior power capable of guaranteeing the fidelity of the contracting parties and of obliging them to fulfil their mutual engagements, they would remain sole judges in their own cause, and each of them would always have a right to renounce the contract, as soon as he discovered that the other had broke the conditions of it, or that these conditions ceased to suit his private convenience. Upon this principle, the right of abdication may probably be founded. Now, to consider as we do nothing but what is human in this institution, if the magistrate, who has all the power in his own hands, and who appropriates to himself all the advantages of the contract, has notwithstanding a right to divest himself of his authority; how much a better right must the people, who pay for all the faults of its chief, have to renounce their dependence upon him. But the shocking dissensions and disorders without number, which would be the necessary consequence of so dangerous a privilege, show more than anything else how much human governments stood in need of a more solid basis than that of mere reason, and how necessary it was for the public tranquillity, that the will of the Almighty should interpose to give to sovereign authority, a sacred and inviolable character, which should deprive subjects of the mischievous right to dispose of it to whom they pleased. If mankind had received no other advantages from religion, this alone would be sufficient to make them adopt and cherish it, since it is the means of saving more blood than fanaticism has been the cause of spilling. But to resume the thread of our hypothesis.

The various forms of government owe their origin to the various degrees of inequality between the members, at the time they first coalesced into a political body. Where a man happened to be eminent for power, for virtue, for riches, or for credit, he became sole magistrate, and the state assumed a monarchical form; if many of pretty equal eminence out-topped all the rest, they were jointly elected, and this election produced an aristocracy; those, between whose fortune or talents there happened to be no such disproportion, and who had deviated less from the state of nature, retained in common the supreme administration, and formed a democracy. Time demonstrated which of these forms suited mankind best. Some remained altogether subject to the laws; others soon bowed their necks to masters. The former laboured to preserve their liberty; the latter thought of nothing but invading that of their neighbours, jealous at seeing others enjoy a blessing which themselves had lost. In a word, riches and conquest fell to the share of the one, and virtue and happiness to that of the other.

In these various modes of government the offices at first were all elective; and when riches did not preponderate, the preference was given to merit, which gives a natural ascendant, and to age, which is the parent of deliberateness in council, and experience in execution. The ancients among the Hebrews, the Geronts of Sparta, the Senate of Rome, nay, the very etymology of our word seigneur, show how much gray hairs were formerly respected. The oftener the choice fell upon old men, the oftener it became necessary to repeat it, and the more the trouble of such repetitions became sensible; electioneering took place; factions arose; the parties contracted ill blood; civil wars blazed forth; the lives of the citizens were sacrificed to the pretended happiness of the state; and things at last came to such a pass, as to be ready to relapse into their primitive confusion. The ambition of the principal men induced them to take advantage of these circumstances to perpetuate the hitherto temporary charges in their families; the people already inured to dependence, accustomed to ease and the conveniences of life, and too much enervated to break their fetters, consented to the increase of their slavery for the sake of securing their tranquillity; and it is thus that chiefs, become hereditary, contracted the habit of considering magistracies as a family estate, and themselves as proprietors of those communities, of which at first they were but mere officers; to call their fellow-citizens their slaves; to look upon them, like so many cows or sheep, as a part of their substance; and to style themselves the peers of Gods, and Kings of Kings.

By pursuing the progress of inequality in these different revolutions, we shall discover that the establishment of laws and of the right of property was the first term of it; the institution of magistrates the second; and the third and last the changing of legal into arbitrary power; so that the different states of rich and poor were authorized by the first epoch; those of powerful and weak by the second; and by the third those of master and slave, which formed the last degree of inequality, and the term in which all the rest at last end, till new revolutions entirely dissolve the government, or bring it back nearer to its legal constitution.

To conceive the necessity of this progress, we are not so much to consider the motives for the establishment of political bodies, as the forms these bodies assume in their administration; and the inconveniences with which they are essentially attended; for those vices, which render social institutions necessary, are the same which render the abuse of such institutions unavoidable; and as (Sparta alone excepted, whose laws chiefly regarded the education of children, and where Lycurgus established such manners and customs, as in a great measure made laws needless,) the laws, in general less strong than the passions, restrain men without changing them; it would be no hard matter to prove that every government, which carefully guarding against all alteration and corruption should scrupulously comply with the ends of its institution, was unnecessarily instituted; and that a country, where no one either eluded the laws, or made an ill use of magistracy, required neither laws nor magistrates.

Political distinctions are necessarily attended with civil distinctions. The inequality between the people and the chiefs increase so fast as to be soon felt by the private members, and appears among them in a thousand shapes according to their passions, their talents, and the circumstances of affairs. The magistrate can not usurp any illegal power without making himself creatures, with whom he must divide it. Besides, the citizens of a free state suffer themselves to be oppressed merely in proportion as, hurried on by a blind ambition, and looking rather below than above them, they come to love authority more than independence. When they submit to fetters, 'tis only to be the better able to fetter others in their turn. It is no easy matter to make him obey, who does not wish to command; and the most refined policy would find it impossible to subdue those men, who only desire to be independent; but inequality easily gains ground among base and ambitious souls, ever ready to run the risks of fortune, and almost indifferent whether they command or obey, as she proves either favourable or adverse to them. Thus then there must have been a time, when the eyes of the people were bewitched to such a degree, that their rulers needed only to have said to the most pitiful wretch, "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; and his descendants took still more upon them, in proportion to their removes from him: the more distant and uncertain the cause, the greater the effect; the longer line of drones a family produced, the more illustrious it was reckoned.

Were this a proper place to enter into details, I could easily explain in what manner inequalities in point of credit and authority become unavoidable among private persons the moment that, united into one body, they are obliged to compare themselves one with another, and to note the differences which they find in the continual use every man must make of his neighbour. These differences are of several kinds; but riches, nobility or rank, power and personal merit, being in general the principal distinctions, by which men in society measure each other, I could prove that the harmony or conflict between these different forces is the surest indication of the good or bad original constitution of any state: I could make it appear that, as among these four kinds of inequality, personal qualities are the source of all the rest, riches is that in which they ultimately terminate, because, being the most immediately useful to the prosperity of individuals, and the most easy to communicate, they are made use of to purchase every other distinction. By this observation we are enabled to judge with tolerable exactness, how much any people has deviated from its primitive institution, and what steps it has still to make to the extreme term of corruption. I could show how much this universal desire of reputation, of honours, of preference, with which we are all devoured, exercises and compares our talents and our forces: how much it excites and multiplies our passions; and, by creating an universal competition, rivalship, or rather enmity among men, how many disappointments, successes, and catastrophes of every kind it daily causes among the innumerable pretenders whom it engages in the same career. I could show that it is to this itch of being spoken of, to this fury of distinguishing ourselves which seldom or never gives us a moment's respite, that we owe both the best and the worst things among us, our virtues and our vices, our sciences and our errors, our conquerors and our philosophers; that is to say, a great many bad things to a very few good ones. I could prove, in short, that if we behold a handful of rich and powerful men seated on the pinnacle of fortune and greatness, while the crowd grovel in obscurity and want, it is merely because the first prize what they enjoy but in the same degree that others want it, and that, without changing their condition, they would cease to be happy the minute the people ceased to be miserable.

But these details would alone furnish sufficient matter for a more considerable work, in which might be weighed the advantages and disadvantages of every species of government, relatively to the rights of man in a state of nature, and might likewise be unveiled all the different faces under which inequality has appeared to this day, and may hereafter appear to the end of time, according to the nature of these several governments, and the revolutions time must unavoidably occasion in them. We should then see the multitude oppressed by domestic tyrants in consequence of those very precautions taken by them to guard against foreign masters. We should see oppression increase continually without its being ever possible for the oppressed to know where it would stop, nor what lawful means they had left to check its progress. We should see the rights of citizens, and the liberties of nations extinguished by slow degrees, and the groans, and protestations and appeals of the weak treated as seditious murmurings. We should see policy confine to a mercenary portion of the people the honour of defending the common cause. We should see imposts made necessary by such measures, the disheartened husbandman desert his field even in time of peace, and quit the plough to take up the sword. We should see fatal and whimsical rules laid down concerning the point of honour. We should see the champions of their country sooner or later become her enemies, and perpetually holding their poniards to the breasts of their fellow citizens. Nay, the time would come when they might be heard to say to the oppressor of their country:

  Pectore si fratris gladium juguloque parentis  Condere me jubeas, gravidoeque in viscera partu  Conjugis, in vita peragam tamen omnia dextra.

From the vast inequality of conditions and fortunes, from the great variety of passions and of talents, of useless arts, of pernicious arts, of frivolous sciences, would issue clouds of prejudices equally contrary to reason, to happiness, to virtue. We should see the chiefs foment everything that tends to weaken men formed into societies by dividing them; everything that, while it gives society an air of apparent harmony, sows in it the seeds of real division; everything that can inspire the different orders with mutual distrust and hatred by an opposition of their rights and interest, and of course strengthen that power which contains them all.

'Tis from the bosom of this disorder and these revolutions, that despotism gradually rearing up her hideous crest, and devouring in every part of the state all that still remained sound and untainted, would at last issue to trample upon the laws and the people, and establish herself upon the ruins of the republic. The times immediately preceding this last alteration would be times of calamity and trouble: but at last everything would be swallowed up by the monster; and the people would no longer have chiefs or laws, but only tyrants. At this fatal period all regard to virtue and manners would likewise disappear; for despotism, cui ex honesto nulla est spes, tolerates no other master, wherever it reigns; the moment it speaks, probity and duty lose all their influence, and the blindest obedience is the only virtue the miserable slaves have left them to practise.

This is the last term of inequality, the extreme point which closes the circle and meets that from which we set out. 'Tis here that all private men return to their primitive equality, because they are no longer of any account; and that, the subjects having no longer any law but that of their master, nor the master any other law but his passions, all notions of good and principles of justice again disappear. 'Tis here that everything returns to the sole law of the strongest, and of course to a new state of nature different from that with which we began, in as much as the first was the state of nature in its purity, and the last the consequence of excessive corruption. There is, in other respects, so little difference between these two states, and the contract of government is so much dissolved by despotism, that the despot is no longer master than he continues the strongest, and that, as soon as his slaves can expel him, they may do it without his having the least right to complain of their using him ill. The insurrection, which ends in the death or despotism of a sultan, is as juridical an act as any by which the day before he disposed of the lives and fortunes of his subjects. Force alone upheld him, force alone overturns him. Thus all things take place and succeed in their natural order; and whatever may be the upshot of these hasty and frequent revolutions, no one man has reason to complain of another's injustice, but only of his own indiscretion or bad fortune.

By thus discovering and following the lost and forgotten tracks, by which man from the natural must have arrived at the civil state; by restoring, with the intermediate positions which I have been just indicating, those which want of leisure obliges me to suppress, or which my imagination has not suggested, every attentive reader must unavoidably be struck at the immense space which separates these two states. 'Tis in this slow succession of things he may meet with the solution of an infinite number of problems in morality and politics, which philosophers are puzzled to solve. He will perceive that, the mankind of one age not being the mankind of another, the reason why Diogenes could not find a man was, that he sought among his cotemporaries the man of an earlier period: Cato, he will then see, fell with Rome and with liberty, because he did not suit the age in which he lived; and the greatest of men served only to astonish that world, which would have cheerfully obeyed him, had he come into it five hundred years earlier. In a word, he will find himself in a condition to understand how the soul and the passions of men by insensible alterations change as it were their nature; how it comes to pass, that at the long run our wants and our pleasures change objects; that, original man vanishing by degrees, society no longer offers to our inspection but an assemblage of artificial men and factitious passions, which are the work of all these new relations, and have no foundation in nature. Reflection teaches us nothing on that head, but what experience perfectly confirms. Savage man and civilised man differ so much at bottom in point of inclinations and passions, that what constitutes the supreme happiness of the one would reduce the other to despair. The first sighs for nothing but repose and liberty; he desires only to live, and to be exempt from labour; nay, the ataraxy of the most confirmed Stoic falls short of his consummate indifference for every other object. On the contrary, the citizen always in motion, is perpetually sweating and toiling, and racking his brains to find out occupations still more laborious: He continues a drudge to his last minute; nay, he courts death to be able to live, or renounces life to acquire immortality. He cringes to men in power whom he hates, and to rich men whom he despises; he sticks at nothing to have the honour of serving them; he is not ashamed to value himself on his own weakness and the protection they afford him; and proud of his chains, he speaks with disdain of those who have not the honour of being the partner of his bondage. What a spectacle must the painful and envied labours of an European minister of state form in the eyes of a Caribbean! How many cruel deaths would not this indolent savage prefer to such a horrid life, which very often is not even sweetened by the pleasure of doing good? But to see the drift of so many cares, his mind should first have affixed some meaning to these words power and reputation; he should be apprised that there are men who consider as something the looks of the rest of mankind, who know how to be happy and satisfied with themselves on the testimony of others sooner than upon their own. In fact, the real source of all those differences, is that the savage lives within himself, whereas the citizen, constantly beside himself, knows only how to live in the opinion of others; insomuch that it is, if I may say so, merely from their judgment that he derives the consciousness of his own existence. It is foreign to my subject to show how this disposition engenders so much indifference for good and evil, notwithstanding so many and such fine discourses of morality; how everything, being reduced to appearances, becomes mere art and mummery; honour, friendship, virtue, and often vice itself, which we at last learn the secret to boast of; how, in short, ever inquiring of others what we are, and never daring to question ourselves on so delicate a point, in the midst of so much philosophy, humanity, and politeness, and so many sublime maxims, we have nothing to show for ourselves but a deceitful and frivolous exterior, honour without virtue, reason without wisdom, and pleasure without happiness. It is sufficient that I have proved that this is not the original condition of man, and that it is merely the spirit of society, and the inequality which society engenders, that thus change and transform all our natural inclinations.

I have endeavoured to exhibit the origin and progress of inequality, the institution and abuse of political societies, as far as these things are capable of being deduced from the nature of man by the mere light of reason, and independently of those sacred maxims which give to the sovereign authority the sanction of divine right. It follows from this picture, that as there is scarce any inequality among men in a state of nature, all that which we now behold owes its force and its growth to the development of our faculties and the improvement of our understanding, and at last becomes permanent and lawful by the establishment of property and of laws. It likewise follows that moral inequality, authorised by any right that is merely positive, clashes with natural right, as often as it does not combine in the same proportion with physical inequality: a distinction which sufficiently determines, what we are able to think in that respect of that kind of inequality which obtains in all civilised nations, since it is evidently against the law of nature that infancy should command old age, folly conduct wisdom, and a handful of men should be ready to choke with superfluities, while the famished multitude want the commonest necessaries of life.