The Theory of Social Contract. Man is not only the most individual being on earth-he is also the most social being. It was a great fallacy on the part of Jean Jacques Rousseau to have assumed that primitive society was established by a free contract entered into by savages. But Rousseau was not the only one to uphold such views. The majority of jurists and modern writers, whether of the Kantian school or of other individualist and liberal schools, who do not accept the theological idea of society being founded upon divine right, nor that of the Hegelian school - of society as the more or less mystic realization of objective morality - nor the primitive animal society of the naturalist school - take nolens volens, for lack of any other foundation, the tacit contract, as their point of departure.
A tacit contract! That is to say, a wordless, and consequently a thoughtless and will-less contract: a revolting nonsense! An absurd fiction, and what is more, a wicked fiction! An unworthy hoax! For it assumes that while I was in a state of not being able to will, to think, to speak, I bound myself and all my descendants-only by virtue of having let myself be victimized without raising any protest - into perpetual slavery.
Lack of Moral Discernment in the State Preceding the Original Social Contract. From the point of view of the system which we are now examining the distinction between good and bad did not exist prior to the conclusion of the social contract. At that time every individual remained isolated in his liberty or in his absolute right, paying no attention to the freedom of others except in those cases wherein such attention was dictated by his weakness or his relative strength - in other words, by his own prudence and interest. At that time egoism, according to the same theory, was the supreme law, the only extant right. The good was determined by success, the bad only by failure, and justice was simply the consecration of the accomplished fact, however horrible, cruel, or infamous it might be - as is the rule in the political morality which now prevails in Europe.
The Social Contract as the Criterion of Good and Bad. The distinction between good and bad, according to this system, began only with the conclusion of the social contract. All that which had been recognized as constituting the general interest was declared to be the good, and everything contrary to it, the bad. Members of society who entered into this compact having become citizens, having bound themselves by solemn obligations, assumed thereby the duty of subordinating their private interests to the common weal, to the inseparable interest of all. They also divorced their individual rights from public rights, the only representative of which - the State - was thereby invested with the power to suppress all the revolts of individual egoism, having, however, the duty of protecting every one of its members in the exercise of his rights in so far as they did not run counter to the general rights of the community.
The State Formed by the Social Contract Is the Modern Atheistic State. Now we are going to examine the nature of the relations which the State, thus constituted, is bound to enter into with other similar States, and also its relations to the population which it governs. Such an analysis appears to us to be the more interesting and useful inasmuch as the State, as defined here, is precisely the modern State in so far as it is divorced from the religious idea: it is the lay State or the atheist State proclaimed by modern writers.
Let us then see wherein this morality consists. The modern State, as we have said, has freed itself from the yoke of the Church and consequently has shaken off the yoke of universal or cosmopolitan morality of the Christian religion, but it has not yet become permeated with the humanitarian idea or ethics - which it cannot do without destroying itself, for in its detached existence and isolated concentration the State is much too narrow to embrace, to contain the interests and consequently the morality of, humanity as a whole.
Ethics Identified with State Interests. Modern States have arrived precisely at that point. Christianity serves them only as a pretext and a phrase, only as a means to fool the simpletons, for the aims pursued by them have nothing in common with religious goals. And the eminent statesmen of our times - the Palmerstons, the Muravievs, the Cavours, the Bismarcks, the Napoleons, would laugh a great deal if their openly professed religious convictions were taken seriously. They would laugh even more if anyone attributed to them humanitarian sentiments, considerations, and intentions, which they have always treated publicly as mere silliness. Then what constitutes their morality? Only State interests. From this point of view, which, with very few exceptions, has been the point of view of statesmen, of strong men of all times and all countries, all that is instrumental in conserving, exalting, and consolidating the power of the State is good-sacrilegious though it might be from a religious point of view and revolting as it might appear from the point of view of human morality - and vice versa, whatever militates against the interests of the State is bad, even if it be in other respects the most holy and humanely just thing. Such is the true morality and secular practice of all States.
The Collective Egoism of Particular Associations Raised into Ethical Categories. Such also is the morality of the State founded upon the theory a of social contract. According to this system, the good and the just, since they begin only with the social contract, are in fact nothing but the content and the end purpose of the contract - that is to say, the common interest and the public right of all individuals who formed this contract, with the exception of those who remained outside of it. Consequently, by good in this system is meant only the greatest satisfaction given to the collective egoism of a particular and limited association, which, being founded upon the partial sacrifice of the individual egoism of every one of its members, excludes from its midst, as strangers and natural enemies, the vast majority of the human species whether or not it is formed into similar associations.
Morality Is Co-Extensive Only With the Boundaries of Particular States. The existence of a single limited State necessarily presupposed the existence, and if necessary provokes the formation of several States, it being quite natural that the individuals who find themselves outside of this State and who are menaced by it in their existence and liberty, should in turn league themselves against it. Here we have humanity broken up into an indefinite number of States which are foreign, hostile, and menacing toward one another.
There is no common right, and no social contract among them, for if such a contract and right existed, the various States would cease to be absolutely independent of one another, becoming federated members of one great State. Unless this great State embraces humanity as a whole, it will necessarily have against it the hostility of other great States, federated internally. Thus war would always be supreme law and the inherent necessity of the very existence of humanity.
Jungle Law Governs Interrelations of States. Every State, whether it is of a federative or a non-federative character, must seek, under the penalty of utter ruin, to become the most powerful of States. It has to devour others in order not to be devoured in turn, to conquer in order not to be conquered, to enslave in order not to be enslaved - for two similar and at the same time alien powers, cannot co-exist without destroying each other.
The Universal Solidarity of Humanity Disrupted by the State. The state then is the most flagrant negation, the most cynical and complete negation of humanity. It rends apart the universal solidarity of all men upon earth, and it unites some of them only in order to destroy, conquer, and enslave all the rest. It takes under its protection only its own citizens, and it recognizes human right, humanity, and civilization only within the confines of its own boundaries. And since it does not recognize any right outside of its own confines, it quite logically arrogated to itself the right to treat with the most ferocious inhumanity all the foreign populations whom it can pillage, exterminate, or subordinate to its will. If it displays generosity or humanity toward them, it does it in no case out of any sense of duty: and that is because it has no duty but to itself, and toward those of its members who formed it by an act of free agreement, who continue constituting it on the same free bases, or, as it happens in the long run, have become its subjects.
Since international law does not exist, and since it never can exist in a serious and real manner without undermining the very foundations of the principle of absolute State sovereignty, the State cannot have any duties toward foreign populations. If then it treats humanely a conquered people, if it does not go to the full length in pillaging and exterminating it, and does not reduce it to the last degree of slavery, it does so perhaps because of considerations of political expediency and prudence, or even because of pure magnanimity, but never because of duty - for it has an absolute right to dispose of them in any way it deems fit.
Patriotism Runs Counter to Ordinary Human Morality. This flagrant negation of humanity, which constitutes the very essence of the State, is from the point of view of the latter the supreme duty and the greatest virtue: it is called patriotism and it constitutes the transcendent morality of the State. We call it the transcendent morality because ordinarily it transcends the level of human morality and justice, whether private or common, and thereby it often sets itself in shard contradiction to them. Thus, for instance, to offend, oppress, rob, plunder, assassinate, or enslave one's fellow man is, to the ordinary morality of man, to commit a serious crime.
In public life, on the contrary, from the point of view of patriotism, when it is done for the greater glory of the State in order to conserve or to enlarge its power, all that becomes a duty and a virtue. And this duty, this virtue, are obligatory upon every patriotic citizen. Everyone is expected to discharge those duties not only in respect to strangers but in respect to his fellow citizens, members and subjects of the same State, whenever the welfare of the State demands it from him.
The Supreme Law of the State. The supreme law of the State is self-preservation at any cost. And since all States, ever since they came to exist upon the earth, have been condemned to perpetual struggle - a struggle against their own populations, whom they oppress and ruin, a struggle against all foreign States, every one of which can be strong only if the others are weak - and since the States cannot hold their own in this struggle unless they constantly keep on augmenting their power against their own subjects as well as against the neighborhood States - it follows that the supreme law of the State is the augmentation of its power to the detriment of internal liberty and external justice.
The State Aims to Take the Place of Humanity. Such is in its stark reality the sole morality, the sole aim