assent to them.  It would be unjust to say that Rousseau actually faced this position and took the consequences.  He expressly says in more places than one that the science of Government is only a science of combinations, applications, and exceptions, according to time, place, and circumstance.[226] But to base society on conventions is to impute an element of arbitrariness to these combinations and applications, and to make them independent, as they can never be, of the limits inexorably fixed by the nature of things.  The notion of compact is the main source of all the worst vagaries in Rousseau’s political speculation.

It is worth remarking in the history of opinion, that there was at this time in France a little knot of thinkers who were nearly in full possession of the true view of the limits set by the natural ordering of societies to the power of convention and the function of the legislators.  Five years after the publication of the Social Contract, a remarkable book was written by one of the economic sect of the Physiocrats, the later of whom, though specially concerned with the material interests of communities, very properly felt the necessity of connecting the discussion of wealth with the assumption of certain fundamental political conditions.  They felt this, because it is impossible to settle any question about wages or profits, for instance, until you have first settled whether you are assuming the principles of liberty and property.  This writer with great consistency found the first essential of all social order in conformity of positive law and institution to those qualities of human nature, and their relations with those material instruments of life, which, and not convention, were the true origin, as they are the actual grounds, of the perpetuation of our societies.[227] This was wiser than Rousseau’s conception of the lawgiver as one who should change human nature, and take away from man the forces that are naturally his own, to replace them by others comparatively foreign to him.[228] Rousseau once wrote, in a letter about Riviere’s book, that the great problem in politics, which might be compared with the quadrature of the circle in geometry, is to find a form of government which shall place law above man.[229] A more important problem, and not any less difficult for the political theoriser, is to mark the bounds at which the authority of the law is powerless or mischievous in attempting to control the egoistic or non-social parts of man.  This problem Rousseau ignored, and that he should do so was only natural in one who believed that man had bound himself by a convention, strictly to suppress his egoistic and non-social parts, and who based all his speculation on this pact as against the force, or the paternal authority, or the will of a Supreme Being, in which other writers founded the social union.

2.  The body thus constituted by convention is the sovereign.  Each citizen is a member of the sovereign, standing in a definite relation to individuals qua individuals; he is also as an individual a member of the state and subject to the sovereign, of which from the first point of view he is a component element.  The sovereign and the body politic are one and the same thing.[230]