The father being dead, should the children obey the eldest brother, or some other person who has not the natural affection of a father? Should there always be, from family to family, one single head to whom all the family owe obedience? If so, how has power ever come to be divided, and how is it that there is more than one head to govern the human race throughout the world?
Suppose the nations to have been formed each by its own choice; we shall then distinguish between right and fact; being thus subjected to their brothers, uncles, or other relations, not because they were obliged, but because they choose, we shall inquire whether this kind of society is not a sort of free and voluntary association?
Taking next the law of slavery, we shall inquire whether a man can make over to another his right to himself, without restriction, without reserve, without any kind of conditions; that is to say, can he renounce his person, his life, his reason, his very self, can he renounce all morality in his actions; in a word, can he cease to exist before his death, in spite of nature who places him directly in charge of his own preservation, in spite of reason and conscience which tell him what to do and what to leave undone?
If there is any reservation or restriction in the deed of slavery, we shall discuss whether this deed does not then become a true contract, in which both the contracting powers, having in this respect no common master, [Footnote: If they had such a common master, he would be no other than the sovereign, and then the right of slavery resting on the right of sovereignty would not be its origin.] remain their own judge as to the conditions of the contract, and therefore free to this extent, and able to break the contract as soon as it becomes hurtful.
If then a slave cannot convey himself altogether to his master, how can a nation convey itself altogether to its head? If a slave is to judge whether his master is fulfilling his contract, is not the nation to judge whether its head is fulfilling his contract?
Thus we are compelled to retrace our steps, and when we consider the meaning of this collective nation we shall inquire whether some contract, a tacit contract at the least, is not required to make a nation, a contract anterior to that which we are assuming.
Since the nation was a nation before it chose a king, what made it a nation, except the social contract? Therefore the social contract is the foundation of all civil society, and it is in the nature of this contract that we must seek the nature of the society formed by it.
We will inquire into the meaning of this contract; may it not be fairly well expressed in this formula? As an individual every one of us contributes his goods, his person, his life, to the common stock, under the supreme direction of the general will; while as a body we receive each member as an indivisible part of the whole.