person subject to his authority; and it is only in order to enter into the actual state of things, that we suppose a sovereign commanding a society of men. We must nevertheless observe, that the relation there is between the sovereign and the subjects, forms a society between them, but of a particular kind, which we may call society of inequality, where the sovereign commands, and the subjects obey.
The sovereign is therefore he who has a right to command in the last resort. To command, is directing the actions of those who are subject to us, according to our own will, and with authority or the power of constraint. I say that the sovereign commands in the last resort, to shew that as he has the first rank in society, his will is superior to any other, and holds all the members of the society in subjec-<81>tion. In fine, the right of commanding is nothing more than the power of directing the actions of others with authority. And as the power of exercising one’s force and liberty is no farther a right, than as it is approved and authorized by reason, it is on this approbation of reason, as the last resort, that the right of commanding is established.
VI. This leads us to inquire more particularly into the natural foundation of empire or sovereignty; or, which amounts to the same thing, what is it that confers or constitutes a right of laying an obligation on another person, and of requiring his submission and obedience. This is a very important question in itself; important also in its effects. For the more we are convinced of the reasons, which establish on the one hand authority, and dependance on the other, the more we are inclined to make a real and voluntary submission to those on whom we depend. Besides, the diversity of sentiments, in relation to the manner of laying the foundation of sovereignty, is a sufficient proof that this subject requires to be treated with care and attention.2
Of the foundation of sovereignty, or the right of commanding.
First remark. The question is, in regard to a necessary sovereignty.
I. Inquiring here into the foundation of the right of command, we consider the thing only in a general and metaphysical manner. The <82> question is to know the foundation of a necessary sovereignty and dependance; that is, such as is founded on the very nature of things, and is a natural consequence of the constitution of those beings to whom it is attributed. Let us therefore wave whatever relates to a particular species of sovereignty, in order to ascend to the general ideas from whence the first principles are derived. But as general principles, when just and well founded, are easily applied to particular cases; it follows therefore, that the first foundation of sovereignty, or the reasons on which it is established, ought to be laid in such a manner, as to be easily applicable to the several species that fall within our knowledge. By this means, as we observed before, we can be fully satisfied with regard to the justness of the principles, or distinguish whether they are defective.
Second remark. There is neither sovereignty nor necessary dependance between beings perfectly equal.
II. Another general and preliminary remark is, that there can be neither sovereignty nor natural and necessary dependance between beings, which by their nature, faculties, and state, have so perfect an equality, that nothing can be attributed to one which is not alike applicable to the other. In fact, in such a supposition, there could be no reason, why one should arrogate an authority over the rest, and subject them to a state of dependance, of which the latter could not equally avail themselves against the former. But as this reduces the thing to an absurdity, it follows, that such an equality between several beings excludes all subordination, all empire and necessary dependance of one on the other; just as the equality of two weights keeps these in a perfect equilibrium. There must <83> be therefore in the very nature of those beings, who are supposed to be subordinate one to the other, an essential difference of qualities, on which the relation of superior and inferior may be founded. But the sentiments of writers are divided in the determination of those qualities.
Different opinions on the origin and foundation of sovereignty.
III. 1. Some pretend that the sole superiority of strength, or, as they express it, an irresistible power, is the true and first foundation of the right of imposing an obligation, and prescribing laws. “This superiority of power gives, according to them, a right of reigning, by the impossibility in which it places others, of resisting him who has so great an advantage over them.”*
2. Others there are, who derive the origin and foundation of sovereignty, from the eminency or superior excellence of nature; “which not only renders a being independent of all those who are of an inferior nature; but moreover causes the latter to be regarded as made for the former. And of this, say they, we have a proof in the very constitution of man, where the soul governs, as being the noblest part; and it is likewise on this foundation, that the empire of man over brutes is grounded.”†
3. A third opinion, which deserves also our notice, is that of Barbeyrac.‡ According to this ju-<84>dicious author, “there is, properly speaking, only one general foundation of obligation, to which all others may be reduced, and that is, our natural dependance on God, inasmuch as he has given us being, and has consequently a right to require we should apply our faculties to the use for which he has manifestly designed them. An artist,” he continues, “as such, is master of his own work, and can dispose of it as he pleases. Were a sculptor capable of making animated statues, this alone would intitle him to insist, that the marble shaped by his own hands, and endowed by him with understanding, shall be subject to his will.———But God is the author of the matter and form of the parts of which our being is composed, and he has given them all the faculties, with which they are invested. To these faculties, therefore, he has a right to prescribe what limits he pleases, and to require that men should use them in such or such a manner, &c.”
Examen of those opinions. 1. The sole superiority of power is insufficient to found a right of commanding.
IV. Such are the principal systems on the origin and foundation of sovereignty and dependance. Let us examine them thoroughly, and in order to pass a right judgment, let us take care not to forget the distinction of physical and moral necessity, nor the primitive notions of right and obligation, such as have been above explained.*
1. This being premised, I affirm, that those who found the right of prescribing laws on the sole superiority of strength, or on an irresistible power, establish an insufficient principle, and which, rigorously <85> considered, is absolutely false. In fact, it does not follow, that because I am incapable to resist a person, he has therefore a right to command me, that is, that I am bound to submit to him by virtue of a principle of obligation, and to acknowledge his will as the universal rule of my conduct. Right being nothing else but that which reason approves, it is this approbation only which reason gives to him who commands, that is capable of founding his right, and, by a necessary consequence, produces that inward sense,1 which we distinguish by the name of Obligation, and inclines us to a spontaneous submission. Every obligation therefore supposes some particular reasons that influence the conscience and bend the will, insomuch that, pursuant to the light of our own reason, we should think it criminal to resist, were it even in our power, and should conclude that we have therefore no right to do it. Now a person that alledges no other reason, but a superiority of force, does not propose a motive sufficient to oblige the will. For instance, the power which may chance to reside in a malignant being, neither invests him with any right to command, nor imposes any obligation on us to obey; because this is evidently repugnant even to the very idea of right and obligation. On the contrary, the first counsel which reason gives us in regard to a malignant power, is to resist, and, if possible, to destroy him.2 Now, if we have a right to resist, this right is inconsistent with the obligation of obeying, which is evidently thereby excluded. True it is, that if we clearly see that all our efforts will be useless,
