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Revolution and the Republic

Page 24

by Jeremy Jennings


  was an inalienable possession, part of an individual’s very humanity. Rousseau’s

  contribution was therefore to attribute not just the origin but also the exercise of

  sovereignty to the people.3

  The implications of these ideas upon Rousseau’s conception of contract were

  necessarily profound, and this because the ‘fundamental’ problem he thus set

  himself was nothing less than that of squaring the circle: namely, how ‘to find a

  form of association that will defend and protect the person and goods of each

  associate with the full common force, and by means of which each, uniting with all,

  nevertheless obeys only himself and remains as free as before’.4 The contrast with

  the position endorsed by Thomas Hobbes could not have been starker. As Hobbes

  perceived it, the human condition was so bleak that men could only escape from

  the war of all against all by agreeing to transfer their right to govern and to

  adjudicate in disputes to the single sovereign power of Leviathan. The trade-off

  was a straightforward one: life and an element of liberty in exchange for obedience

  to the sword. For Rousseau there was to be no trade-off, there were to be no losses,

  only gains. Men could have both liberty and law if they were able to construct a

  society where they ruled themselves.5

  For Rousseau therefore there was to be only one contract of association and no

  pact of submission. ‘Each individual’, he wrote, ‘recovers the equivalent of every-

  thing he loses.’ But something ‘remarkable’ took place when the contract was

  signed. The individual, in Rousseau’s phrase, was ‘doubly committed’, first to his

  fellow contractees and secondly as a member of the community in relation to the

  sovereign. Individuals thus found themselves to have entered into a reciprocal

  agreement not just with the body of which they were to become members but

  also with a sovereign deemed henceforth to possess a moral personality. The latter

  point was fundamental. Rousseau, as much as Hobbes, was aware that a contract

  where everyone was free to decide upon its terms and when it was to be observed

  was a recipe for disaster. To prevent the inevitable descent into a ‘state of nature’

  where the association would be either ‘tyrannical or void’ Rousseau therefore had

  resort not to the usual strategy of two contracts (the first of which ensures that

  society is not dissolved even if government is dissolved) but to a fiction: the general

  will. Its existence as something which was ‘always rightful and always tends to the

  public good’ was sufficient to allow Rousseau to stipulate that it was the sovereign

  3 Robert Derathé, Jean-Jacques Rousseau et la science politique de son temps (1970). See Patrick Riley,

  The General Will Before Rousseau: The Transformation of the Divine into the Civic (Princeton, NJ,

  1986).

  4 Rousseau, ‘The Social Contract’, in The Social Contract and Other Later Political Writings

  (Cambridge, 2007), 49–50.

  5 The contrast between the positions adopted by Hobbes and Rousseau was noted by Diderot in his

  entry on ‘Hobbisme’ in the Encyclopédie.

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  Sovereignty, Social Contract, and Luxury

  and the sovereign alone who was the sole judge of the contract’s implementation.

  The State was only viable upon this condition.

  Rousseau’s contract was thus in one sense anything but contractual. Postulated

  was a pact between a collectivity considered as a single moral person and each of its

  members taken individually. From this it followed that of the two contracting

  parties it was only one––the individuals concerned––who could be in breach of the

  agreement entered into. By an altogether different route we arrived therefore at a

  conclusion similar to that of Hobbes: the social contract gave absolute power to the

  sovereign over his subjects.

  If this was so, it was partly because Rousseau, unlike John Locke, did not view

  the foundational contract either as a means of regulating the required balance

  between rights-bearing individuals and government or of securing the liberal

  functioning of institutions. For him, as for Hobbes, the contract was constitutive

  of society itself. Where, however, Rousseau diverged from Hobbes was in the end

  envisaged. As Robert Derathé correctly observed, for Hobbes that end was civil

  peace, whilst for Rousseau it was ensuring that men could unite without giving up

  any of their liberty.

  The argument here is sufficiently well-known as not to need detailed clarifica-

  tion. As Rousseau explained: ‘what man loses by the social contract is his natural

  freedom and an unlimited right to everything that tempts him and he can reach:

  what he gains is civil freedom and property in everything he possesses’.6 Expressed

  differently, there was no other solution to our problems than the substitution of the

  arbitrary relations existing between men by the obedience of the citizen to the law.

  To that end, it was necessary that the members of the association should transform

  themselves from a group of isolated individuals with many different wills into a

  community with a common will or interest. As we passed from the state of nature

  into civil society, justice was to replace instinct as a rule of conduct and in this way

  we obeyed only rules that we had prescribed for ourselves and thus enjoyed

  untrammelled ‘moral freedom’.

  Given the controversy caused by this proposition and its related claim that

  individuals could be forced to be free, it is interesting that it was precisely at this

  point of the argument of Du Contrat social that Rousseau chose to declare that ‘the

  philosophical meaning of the word freedom is not my subject here’. In a way his

  concerns were more mundane and straightforward. What he, unlike so many of his

  predecessors (‘Grotius and the rest’ as Rousseau described them), was eager to reject

  was the idea that the individual could contract into anything and under any

  circumstances and that in this way the rights of slavery, conquest, and despotism

  could be justified. Rousseau always opposed such a conception of contract and

  he did so for the good reason that ‘to renounce one’s freedom is to renounce one’s

  quality as a man’.

  What the reader was to make of this has been open to a wide-range of interpre-

  tation. Rousseau himself, given his belief that sovereignty could not be subject to

  6 Rousseau, ‘Social Contract’, 53–4.

  Sovereignty, Social Contract, and Luxury

  111

  the procedure of representation, was convinced that his ideas could be applied, if at

  all, only to states whose geographical area did not exceed that of a small city.

  Political simplicity, exemplified by ‘troops of peasants . . . attending to affairs of

  State under an oak tree’, was to be the preferred model and it was only later (in his

  reflections upon the projected governments of Corsica and Poland) that these

  strictures were to be relaxed. In Du Contrat social itself Rousseau refused to stipulate

  ‘definitively’ what was the ‘best’ form of government, suggesting that it could be

  judged in terms of population growth, thereby handing the entire matter over to

  the calculateurs, whom he exhorted, in almost Benthamite
fashion, to ‘count,

  measure, compare’.

  More profoundly, Rousseau’s musings upon the social contract and the society

  to which it was to give rise tied in with the broader Rousseauian theme of how both

  individuals and peoples could be structured for virtue. At a psychological level––

  and with Rousseau these are numerous––the argument is that Rousseau’s formula-

  tions were not derived from the lived experience of the Genevan republic (as he

  claimed) but were rather an enlarged projection of his own being, with virtue

  measured by the citizen’s willingness to be subsumed by the mythic self he had

  elaborated in his writings.7 ‘There is no subjection so perfect’, Rousseau wrote in

  Emile, ‘as the one which retains the appearance of liberty.’

  To Rousseau’s contemporaries it was precisely this preoccupation with virtue

  that struck the deepest chord. ‘Jean-Jacques’, Robert Darnton writes in The Great

  Cat Massacre,8 ‘opened up his soul to those who could read him right, and his

  readers felt their own souls elevated above the imperfections of ordinary existence.’

  Here the key texts were the Confessions (nothing quite like its intimate and often

  sordid self-examination had been seen before)9 and the Nouvelle Héloïse (which had

  run to some seventy editions by 1800) and not Du Contrat social. Julie’s pure love

  for Saint-Preux and her (inevitable) exemplary death were such as to shape the

  sensibilité of virtually an entire generation of admirers and so much so, as Emmet

  Kennedy has argued, that ‘almost single-handedly Rousseau precipitated an affec-

  tive revolution’.10 The cult of Rousseau worship that sprang up shortly after his

  death––celebrated by, among others, Marie-Antoinette, Queen of France––had

  this rather than any specific political doctrine as its object. It was moreover this

  sensibility, this longing for moral elevation, purity, and transparency, which was to

  be magnified out of all proportion in the Revolution that began in 1789.

  7 Carol Blum, Rousseau and the Republic of Virtue: The Language of Politics in the French Revolution

  (Ithaca, NY, and London, 1986), 72.

  8 Robert Darnton, The Great Cat Massacre (New York, 1984), 249.

  9 Prosper de Barante, writing in De la Littérature française pendant le dix-huitième siècle (1809),

  189, was later to comment: ‘It is indeed a singular occurrence that a man who sought to secure the

  esteem and even the admiration of posterity should do so by recounting the smallest details of a life

  which had nothing of greatness, which displayed no actions of distinction, and which, on the contrary,

  was full of revolting behaviour and unpardonable offences.’

  10 Emmet Kennedy, A Cultural History of the French Revolution 1762–1791 (New Haven, Conn.,

  and London, 1989), 112.

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  Sovereignty, Social Contract, and Luxury

  I I

  The question of Rousseau’s (and more broadly the Enlightenment’s) connection

  with the French Revolution has long been the cause of controversy and debate.

  Over eighty years ago Daniel Mornet meticulously reconstructed the reading

  patterns of pre-revolutionary France and to his surprise discovered that Du Contrat

  social scarcely figured at all. The imagined connecting link appeared to have

  vanished. For all Mornet’s errors this view continued for many years to have its

  adherents and was most forthrightly restated by Joan McDonald.11 Her view was

  that Rousseau had been little read, and even less understood, by those who made

  the Revolution but that nevertheless both the revolutionaries and their opponents

  made ceaseless appeal to his authority. It was, she argued, the ‘memory’ and ‘the

  myth of Rousseau rather than his political theory which was important in the

  mind of the revolutionary generation’.12 This thesis was subsequently challenged

  by Roger Barny in an important article which stated categorically that Rousseau’s

  ‘specifically political works, far from being unknown, influenced a number of

  the future revolutionary leaders and, in a more general way, contributed to the

  formulation of some of the most important themes of bourgeois political

  thought’.13 McDonald’s thesis was further contested by R. A. Leigh’s bibliographi-

  cal researches which revealed that Du Contrat social had indeed been frequently

  republished in the period immediate prior to the Revolution. The picture was

  further complicated with the appearance of Norman Hampson’s Will and Circum-

  stance: Montesquieu, Rousseau and the French Revolution. Hampson’s contention,

  backed up by the analysis of five key revolutionary figures (Mercier, Brissot,

  Robespierre, Saint-Just, and Marat), was that both Montesquieu and Rousseau

  had acted as the principal influences in the intellectual apprenticeship of the

  revolutionaries, even though their ideas were basically antithetical. This, he writes,

  ‘did not stop virtually all the political writers of the 1780s from borrowing from

  both at once’.14

  The force of Hampson’s argument was that whilst the revolutionaries took

  Montesquieu, and not Rousseau, as their guide there was the hope that calmer

  waters would be reached. The former’s conception of a pre-existing esprit général

  informing and fashioning society and its political institutions made possible the

  recognition and equilibrium of competing interests but under Rousseau’s tutelage

  these interests had to be dissolved into the general will, by force if necessary. By the

  same token Rousseau taught the revolutionaries that as long as a sovereign acted for

  the public good it could not infringe the liberty of its subjects. They learnt too that

  politics––‘everything is rooted in politics’, Rousseau wrote in his Confessions––was

  11 Joan McDonald, Rousseau and the French Revolution 1762–1791 (London, 1965).

  12 Ibid. 172.

  13 Roger Barny, ‘Jean-Jacques Rousseau dans la Révolution’, Dix-Huitième Siècle, 6 (1974), 62.

  14 Norman Hampson, Will and Circumstance: Montesquieu, Rousseau and the French Revolution

  (London, 1983), 58.

  Sovereignty, Social Contract, and Luxury

  113

  the instrument of social regeneration and emancipation. If need be there could also

  be resort to the genius of the lawgiver. It is hard then not to agree with François

  Furet when he writes that Rousseau’s ‘political thought set up well in advance the

  conceptual framework of what was to become Jacobinism and the language of the

  Revolution’.15

  This view has now become something of a commonplace. It was restated most

  recently by James Swenson is his On Jean-Jacques Rousseau: Considered as One of the

  First Authors of the Revolution, a title chosen specifically to recall that of the book

  published by Louis-Sébastien Mercier in 1791. Of the political situation in 1789,

  Swenson writes, ‘Rousseau provided the conceptual terms in which the struggle

  developed.’16 Similarly, according to Marcel Gauchet, ‘whether Rousseau had been

  read a lot or a little before the Revolution is of minor importance: he was the author

  of the moment. He was the thinker exactly appropriate to what the circumstances

  required.’17

  It is not difficult to find evidence to support this view. To take o
ne slightly comic

  example, we can cite the debate which took place in the Constituent Assembly in

  August 1791 concerning the raising of a statue in Rousseau’s honour. The debate

  quickly turned to the idea of moving Rousseau’s remains to the Panthéon and

  ended with a disagreement about who exactly owned his body and who, therefore,

  had the right to make this decision. Nevertheless, there could be no doubting the

  admiration for Rousseau amongst those present at this discussion. Repeatedly cited

  as the author of both Du Contrat social and Émile, this much-persecuted ‘extraor-

  dinary man’ and ‘universal genius’ was accredited with being the first to have

  established both the equality of rights among men and the sovereignty of the

  people and with having been ‘the first founder of the French Constitution’.18

  Moreover, this interpretation of Rousseau’s influence upon the Revolution

  accords with the views of many of the participants. If we pass over Augustin

  Barruel’s famous contention that the Revolution was from start to finish a ‘conspir-

  acy’ led by philosophers against both Church and State––a conspiracy in which

  Rousseau inevitably figured amongst the gens de lettres and thus as a member of ‘the

  most wicked and dangerous group of citizens’19––it is sufficient to glance briefly at

  Jean-Joseph Mounier’s Recherches sur les Causes qui ont empêche les Français de

  devenir libres et sur les moyens qui leur restent pour acquérir la liberté, published while

  Mounier was in exile in 1792. Mounier, as may be recalled, had been a supporter of

  moderate constitutional reform and it was he who later enunciated the formula

  that, if the philosophes had not caused the Revolution, the latter had produced their

  influence. How, Mounier asked, could a revolution that had set out to eradicate

  arbitrary power lead to chaos? The answer was simple. Out of ignorance and

  15 François Furet, Interpreting the French Revolution (Cambridge, 1981), 31.

  16 James Swenson, On Jean-Jacques Rousseau: Considered as One of the First Authors of the Revolution

  (Stanford, Calif., 2000), 192.

  17 Marcel Gauchet, La Révolution des pouvoirs: La Souverainété, le peuple et la représentation

  1789–1799 (1995), 57.

  18 Archives Parlementaires, 29 (1875), 755–61.

 

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