Jean Jacques Rousseau (1712–1778). Social Contract & Discourses. 1913.A Discourse on a Subject Proposed by the Academy of Dijon: What Is the Origin of Inequality Among Men, and Is it Authorised by Natural Law?
It is still more cruel that, as every advance made by the human species removes it still farther from its primitive state, the more discoveries we make, the more we deprive ourselves of the means of making the most important of all. Thus it is, in one sense, by our very study of man, that the knowledge of him is put out of our power.
It is easy to perceive that it is in these successive changes in the constitution of man that we must look for the origin of those differences which now distinguish men, who, it is allowed, are as equal among themselves as were the animals of every kind, before physical causes had introduced those varieties which are now observable among some of them.
It is, in fact, not to be conceived that these primary changes, however they may have arisen, could have altered, all at once and in the same manner, every individual of the species. It is natural to think that, while the condition of some of them grew better or worse, and they were acquiring various good or bad qualities not inherent in their nature, there were others who continued a longer time in their original condition. Such was doubtless the first source of the inequality of mankind, which it is much easier to point out thus in general terms, than to assign with precision to its actual causes.
Let not my readers therefore imagine that I flatter myself with having seen what it appears to me so difficult to discover. I have here entered upon certain arguments, and risked some conjectures, less in the hope of solving the difficulty, than with a view to throwing some light upon it, and reducing the question to its proper form. Others may easily proceed farther on the same road, and yet no one find it very easy to get to the end. For it is by no means a light undertaking to distinguish properly between what is original and what is artificial in the actual nature of man, or to form a true idea of a state which no longer exists, perhaps never did exist, and probably never will exist; and of which, it is, nevertheless, necessary to have true ideas, in order to form a proper judgment of our present state. It requires, indeed, more philosophy than can be imagined to enable any one to determine exactly what precautions he ought to take, in order to make solid observations on this subject; and it appears to me that a good solution of the following problem would be not unworthy of the Aristotles and Plinys of the present age. What experiments would have to be made, to discover the natural man? And how are those experiments to be made in a state of society?
So far am I from undertaking to solve this problem, that I think I have sufficiently considered the subject, to venture to declare beforehand that our greatest philosophers would not be too good to direct such experiments, and our most powerful sovereigns to make them. Such a combination we have very little reason to expect, especially attended with the perseverance, or rather succession of intelligence and good-will necessary on both sides to success.
These investigations, which are so difficult to make, and have been hitherto so little thought of, are, nevertheless, the only means that remain of obviating a multitude of difficulties which deprive us of the knowledge of the real foundations of human society. It is this ignorance of the nature of man, which casts so much uncertainty and obscurity on the true definition of natural right: for, the idea of right, says Burlamaqui, and more particularly that of natural right, are ideas manifestly relative to the nature of man. It is then from this very nature itself, he goes on, from the constitution and state of man, that we must deduce the first principles of this science.
We cannot see without surprise and disgust how little agreement there is between the different authors who have treated this great subject. Among the more important writers there are scarcely two of the same mind about it. Not to speak of the ancient philosophers, who seem to have done their best purposely to contradict one another on the most fundamental principles, the Roman jurists subjected man and the other animals indiscriminately to the same natural law, because they considered, under that name, rather the law which nature imposes on herself than that which she prescribes to others; or rather because of the particular acceptation of the term law among those jurists; who seem on this occasion to have understood nothing more by it than the general relations established by nature between all animated beings, for their common preservation. The moderns, understanding, by the term law, merely a rule prescribed to a moral being, that is to say intelligent, free and considered in his relations to other beings, consequently confine the jurisdiction of natural law to man, as the only animal endowed with reason. But, defining this law, each after his own fashion, they have established it on such metaphysical principles, that there are very few persons among us capable of comprehending them, much less of discovering them for themselves. So that the definitions of these learned men, all differing in everything else, agree only in this, that it is impossible to comprehend the law of nature, and consequently to obey it, without being a very subtle casuist and a profound metaphysician. All which is as much as to say that mankind must have employed, in the establishment of society, a capacity which is acquired only with great difficulty, and by very few persons, even in a state of society.
Knowing so little of nature, and agreeing so ill about the meaning of the word law, it would be difficult for us to fix on a good definition of natural law. Thus all the definitions we meet with in books, setting aside their defect in point of uniformity, have yet another fault, in that they are derived from many kinds of knowledge, which men do not possess naturally, and from advantages of which they can have no idea until they have already departed from that state. Modern writers begin by inquiring what rules it would be expedient for men to agree on for their common interest, and then give the name of natural law to a collection of these rules, without any other proof than the good that would result from their being universally practised. This is undoubtedly a simple way of making definitions, and of explaining the nature of things by almost arbitrary conveniences.
But as long as we are ignorant of the natural man, it is in vain for us to attempt to determine either the law originally prescribed to him, or that which is best adapted to his constitution. All we can know with any certainty respecting this law is that, if it is to be a law, not only the wills of those it obliges must be sensible of their submission to it; but also, to be natural, it must come directly from the voice of nature.
Throwing aside, therefore, all those scientific books, which teach us only to see men such as they have made themselves, and contemplating the first and most simple operations of the human soul, I think I can perceive in it two principles prior to reason, one of them deeply interesting us in our own welfare and preservation, and the other exciting a natural repugnance at seeing any other sensible being, and particularly any of our own species, suffer pain or death. It is from the agreement and combination which the understanding is in a position to establish between these two principles, without its being necessary to introduce that of sociability, that all the rules of natural right appear to me to be derived—rules which our reason is afterwards obliged to establish on other foundations, when by its successive developments it has been led to suppress nature itself.
In proceeding thus, we shall not be obliged to make man a philosopher before he is a man. His duties toward others are not dictated to him only by the later lessons of wisdom; and, so long as he does not resist the internal impulse of compassion, he will never hurt any other man, nor even any sentient being, except on those lawful occasions on which his own preservation is concerned and he is obliged to give himself the preference. By this method also we put an end to the time-honoured disputes concerning the participation of animals in natural law: for it is clear that, being destitute of intelligence and liberty, they cannot recognise that law; as they partake, however, in some measure of our nature, in consequence of the sensibility with which they are endowed, they ought to partake of natural right; so that mankind is subjected to a kind of obligation even toward the brutes. It appears, in fact, that if I am bound to do no injury to my fellow-creatures, this is less because they are rational than because they are sentient beings: and this quality, being common both to men and beasts, ought to entitle the latter at least to the privilege of not being wantonly ill-treated by the former.
The very study of the original man, of his real wants, and the fundamental principles of his duty, is besides the only proper method we can adopt to obviate all the difficulties which the origin of moral inequality presents, on the true foundations of the body politic, on the reciprocal rights of its members, and on many other similar topics equally important and obscure.
If we look at human society with a calm and disinterested eye, it seems, at first, to show us only the violence of the powerful and the oppression of the weak. The mind is shocked at the cruelty of the one, or is induced to lament the blindness of the other; and as nothing is less permanent in life than those external relations, which are more frequently produced by accident than wisdom, and which are called weakness or power, riches or poverty, all human institutions seem at first glance to be founded merely on banks of shifting sand. It is only by taking a closer look, and removing the dust and sand that surround the edifice, that we perceive the immovable basis on which it is raised, and learn to respect its foundations. Now, without a serious study of man, his natural faculties and their successive development, we shall never be able to make these necessary distinctions, or to separate, in the actual constitution of things, that which is the effect of the divine will, from the innovations attempted by human art. The political and moral investigations, therefore, to which the important question before us leads, are in every respect useful; while the hypothetical history of governments affords a lesson equally instructive to mankind.
In considering what we should have become, had we been left to ourselves, we should learn to bless Him, whose gracious hand, correcting our institutions, and giving them an immovable basis, has prevented those disorders which would otherwise have arisen from them, and caused our happiness to come from those very sources which seemed likely to involve us in misery.