The Social Compact: Three Essays
I
Philosophical
You have spoken before of the modern theory of the Social Compact. You note that, apart from other difficulties, one of the most damning criticisms one may level against it is that it has as its principle the notion that political authority arises from the consent of the governed. Yet I fail to see how this is a problem. After all, whether one is living today or in the times of the ancients and mediaevals, men must consent to be ruled, must they not? But if this is so, it seems that men like Hobbes, Locke, Rousseau, and the American Founders were simply elaborating upon, and imitating, both the thought and the practice of their predecessors.
You are correct. Men must consent to be ruled. This has always been and always shall be the case. There is a profound difference between the way in which the ancients and mediaevals understood the nature of consent, and the way in which the moderns understand it. In other words, “consent of the governed” has an equivocal signification.
Bluntly stated, the difference amounts to this: for the ancients and mediaevals, consent of the governed is a condition for rule. For the moderns, however, consent of the governed is a principle of rule.
What do I mean by this? An example will serve to help. A good father needs the consent of his teen-age sons that he may rule them. He needs, in other words, that his two sons either implicitly or explicitly acknowledge that there is something in the nature of things which justifies the father’s exercise of authority. This “something” is the fact that there is present in the father an understanding, or a virtue, or a form of goodness, if you will, which renders the father superior to the sons. It is only in virtue of this innate superiority that the father rules rightly, or that the sons can find in themselves the wherewithal to submit to the sometimes unpleasant realities of corrective punishment. This submission to the rule of the father requires “consent” of the sons. Absent this consent, no rule can take place. If the sons rebel or run away – if, in a word, they refuse to submit to the superior virtue of the father – then no rule can take place. In a sense, all political authority requires the “consent of the governed.” And this is the sense in which the ancients and mediaevals understood the phrase.
On the surface of things, the case with the moderns seems similar. Yet it is a false similarity. For the modern political theorists, the “consent of the governed’ in no manner whatsoever implies an innate superiority in the one who is chosen to rule. This cannot be so, for these men hold it as a self-evident “truth” that “all men are created equal.” They are equal with respect to their lives, their liberties, their properties, and their right to “pursue happiness.” We have seen, however, that this equality – at least with respect to what these men call “liberty” – cannot be a moral equality. Outside the polity, morality is a word only. Morality arises with the creation, by convention, of the State. Morality is therefore conventional [24].
Hence the liberty of which the modern political theorists speak must be the natural liberty possessed in virtue of man’s rational nature. Understood thus, they speak correctly. Understood thus, all men are indeed “created equal.” And yet this notion of natural liberty or equality was not, for Aristotle and St. Thomas, what justifies one man’s rule over another; only the possession of a certain superior virtue justifies rulership. Hence, in a traditional thought, the difference between the ruler and ruled is a difference of kind.
This is not so with the moderns. For the latter, the difference between ruler and ruled is a difference in degree. It can only be a difference in degree because, again, in the original state of nature all men are equal. The ruler, so called, is simply the one, or few, or many to whom the compacting individuals consign a portion of the “natural rights.” [25]. The compacting individuals thereby “alienate” from themselves certain equal portions of what they all equally possess.
In this way, two things are accomplished. First, each of the consenting individuals remains equal to every other. Having begun with equal rights, and having handed over an equal and like portion of such to the men they have chosen to carry on the business of government, the non-governmental parties remain in the same relationship to one another. “If equals be subtracted from equals, the remainders are equal.” Moreover, once the compact is made, the ruler, having acquired these parcels of right, now possesses a greater concentration of power than any given individual, or even the whole society. Thus the inequality between ruler and ruled is quantitative, not qualitative: or, in more familiar words, a difference not of kind, but of degree.
Secondly, the contracting individuals, not recognizing an innate superiority in any individual or group of individuals, do each, together or individually, retain the right to judge the prescriptions or laws handed down by the newly-created political authority. If the political authority. If the political authority acts contrary to what the contracting individuals deem to be in their self-interest, the contracting individuals may terminate the Social Compact. They may end the old one at will, and, should the choose to do so, begin a new one at will. It is, quite literally, completely arbitrary. What the contracting parties will, will be the measure of all things. What the contracting parties will, will be the measure of right and wrong, good and evil. In brief, not only man, but each individual man, is the measure of everything and anything [26].
In this respect, then, such parties are like two sons who will allow their father to rule only if the father gives them what they desire. To continue the analogy: not only do the sons, in principle at least, “create” the father; but also, should it be judged in keeping with their self-interest, the sons may form a compact one with another against the”tyrant” or nuisance, and may rightly kill the father. This they may do, moreover, without any violation of justice or the law of nature; for, according to the modern understanding of this law, “all men are created equal.” None is in principle the superior of another, and thus none has the right to rule without the “consent” of the other. But since the sons did not consent to being created in the first place, the father’s authority would be arbitrary by nature, ungrounded in the wills of his “subjects”. Hence, with all impunity and in all good conscience, the sons may as it were quietly load their shotguns, and then, free from guilt and with full understanding of what they are about to do, they may stroll into the living room and discharge both barrels in their father’s face. And, given the modern understanding of whence authority arises, they will have been “justified” in doing so. It was, after all, their “right” [27].
So, agian, the difference between the consent of the governed as understood by the ancients and mediaevals on the one hand, and the consent of the governed as understood by the moderns on the other, is the difference between a condition of rule and a principle of rule. It is a difference which, in speech, is a difference of two words. In the reality of life, however, it is a difference of two worlds.