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the origins of contemporary france-1-第96章

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an event; insurrection is not only the most sacred right but the most

imperative duty。  … The new theory is now put into practice; and the

dogma of the sovereignty of the people; interpreted by the crowd; is

to result in a complete anarchy; up to the moment when; interpreted by

its leaders; it produces perfect despotism。



IV。  BIRTH OF SOCIALIST THEORY; ITS TWO SIDES。



The second result。  … The new theory leads to despotism。  …

Precedents for this theory。  … Administrative centralization。  … The

Utopia of the Economists。  … Invalidity of preceding rights。  …

Collateral associations not tolerated。  … Complete alienation of the

individual from the community。  … Rights of the State in relation to

property; education and religion。  … The State a Spartan convent。



  For this theory has two aspects; whereas one side leads towards

the perpetual demolition of government; the other results in the

unlimited dictatorship of the State。  The new social contract is not a

historic pact; like the English Declaration of Rights in 1688; or the

Dutch federation in 1579; entered into by actual and living

individuals; admitting acquired situations; groups already formed;

established positions; and drawn up to recognize; define; guarantee

and complete anterior rights。  Antecedent to the social contract no

veritable right exist; for veritable rights are born solely out of the

social contract; the only valid one; since it is the only one agreed

upon between beings perfectly equal and perfectly free; so many

abstract creatures; so many species of mathematical units; all of the

same value; all playing the same part and whose inequality or

constraint never disturbs the common understanding。  Hence at the

moment of its completion; all other facts are nullified。  Property;

family; church; no ancient institution may invoke any right against

the new State。  The area on which it is built up must be considered

vacant; if old structures are partly allowed to remain it is only in

its name and for its benefit; to be enclosed within its barriers and

appropriated to its use; the entire soil of humanity is its property。

On the other hand it is not; according to the American doctrine; an

association for mutual protection; a society like other societies;

circumscribed in its purpose; restricted to its office; limited in its

powers; and by which individuals reserving to themselves the better

portion of their property and persons; assess each other for the

maintenance of an army; a police; tribunals; highways; schools; in

short; the major instruments of public safety and utility; at the same

time withholding the remainder of local; general; spiritual and

material services in favor of private initiative and of spontaneous

associations that may arise as occasion or necessity calls for them。

Our State is not to be a simple utilitarian machine; a convenient;

handy implement; of which the workman avails himself without

abandoning the free use of his hand; or the simultaneous use of other

implements。  Being elder born; the only son and sole representative of

Reason it must; to ensure its sway; leave nothing beyond its grasp。  …

In this respect the old régime paves the way for the new one; while

the established system inclines minds beforehand to the budding

theory。  Through administrative centralization the State already; for a

long time; has its hands everywhere。'19'



〃You must know;〃 says Law to the Marquis d'Argenson; 〃that the

kingdom of France is governed by thirty intendants。  You have neither

parliaments; assemblies or governors; simply thirty masters of

requests; provincial clerks; on whom depends the happiness or misery;

the fruitfulness or sterility of these provinces。〃



The king; in fact; sovereign; father; and universal guardian;

manages local affairs through his delegates; and intervenes in private

affairs through his favors or lettres…de…cachet(royal orders of

imprisonment)。  Such an example and such a course followed for fifty

years excites the imagination。  No other instrument is more useful for

carrying large reforms out at one time。  Hence; far from restricting

the central power the economists are desirous of extending its action。

Instead of setting up new dikes against it they interest themselves

only in destroying what is left of the old dikes still interfering

with it。  〃The system of counter…forces in a government;〃 says Quesnay

and his disciples; 〃is a fatal idea 。  。  。  The speculations on which

the system of counter…balance is founded are chimerical 。  。  。  。  Let

the government have a full comprehension of its duties and be left

free。  。  。  The State must govern according to the essential laws of

order; and in this case unlimited power is requisite。〃 On the approach

of the Revolution the same doctrine reappears; except in the

substitution of one term for another term。  In the place of the

sovereignty of the king the 〃Contrat social〃 substitutes the

sovereignty of the people。  The latter; however; is much more absolute

than the former; and; in the democratic convent which Rousseau

constructs; on Spartan and Roman model; the individual is nothing and

the State everything。



In effect; 〃the clauses of the social contract reduce themselves to

one; namely; the total transfer of each associate with all his rights

to the community。〃'20' Every one surrenders himself entirely; 〃just as

he stands; he and all his forces; of which his property forms a

portion。〃 There is no exception nor reservation; whatever he may have

been previously and whatever may have belonged to him is no longer his

own。  Henceforth whatever he becomes or whatever he may possess

devolves on him only through the delegation of the social body; the

universal proprietor and absolute master。  All rights must be vested in

the State and none in the individual; otherwise there would be

litigation between them; and; 〃as there is no common superior to

decide between them〃 their litigation would never end。  One the

contrary; through the complete donation which each one makes of

himself; 〃the unity is as perfect as possible;〃 having renounced

himself 〃he has no further claim to make。〃



This being admitted let us trace the consequences。  …



In the first place; I enjoy my property only through tolerance and

at second…hand; for; according to the social contract; I have

surrendered it;'21' 〃it now forms a portion of the national estate;〃

If I retain the use of its for the time being it is through a

concession of the State which makes me a 〃depositary〃 of it。  And this

favor must not be considered as restitution。  〃Far from accepting the

property of individuals society despoils them of it; simply converting

the usurpation into a veritable right; the enjoyment of it into

proprietorship。〃 Previous to the social contract I was possessor not

by right but in fact and even unjustly if I had large possessions;

for; 〃every man has naturally a right to whatever he needs;〃 and I

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