There is a third difficulty, more specious than real; a difficulty which I neither desire to solve nor even to state; enough that I am not afraid of it; sure I am that in inquiries of this kind, great talents are less necessary than a genuine love of justice and a sincere reverence for truth. If matters of government can ever be fairly discussed, now or never is our chance.
Before beginning our observations we must lay down rules of procedure; we must find a scale with which to compare our measurements. Our principles of political law are our scale. Our actual measurements are the civil law of each country.
Our elementary notions are plain and simple, being taken directly from the nature of things. They will take the form of problems discussed between us, and they will not be formulated into principles, until we have found a satisfactory solution of our problems.
For example, we shall begin with the state of nature, we shall see whether men are born slaves or free, in a community or independent; is their association the result of free will or of force? Can the force which compels them to united action ever form a permanent law, by which this original force becomes binding, even when another has been imposed upon it, so that since the power of King Nimrod, who is said to have been the first conqueror, every other power which has overthrown the original power is unjust and usurping, so that there are no lawful kings but the descendants of Nimrod or their representatives; or if this original power has ceased, has the power which succeeded it any right over us, and does it destroy the binding force of the former power, so that we are not bound to obey except under compulsion, and we are free to rebel as soon as we are capable of resistance? Such a right is not very different from might; it is little more than a play upon words.
We shall inquire whether man might not say that all sickness comes from God, and that it is therefore a crime to send for the doctor.
Again, we shall inquire whether we are bound by our conscience to give our purse to a highwayman when we might conceal it from him, for the pistol in his hand is also a power.
Does this word power in this context mean something different from a power which is lawful and therefore subject to the laws to which it owes its being?
Suppose we reject this theory that might is right and admit the right of nature, or the authority of the father, as the foundation of society; we shall inquire into the extent of this authority; what is its foundation in nature? Has it any other grounds but that of its usefulness to the child, his weakness, and the natural love which his father feels towards him? When the child is no longer feeble, when he is grown-up in mind as well as in body, does not he become the sole judge of what is necessary for his preservation? Is he not therefore his own master, independent of all men, even of his father himself? For is it not still more certain that the son loves himself, than that the father loves the son?