“
Of a real, true contract, on whatsoever subject, there is no vestige in Rousseau's book. To give an
exact idea of his theory, I cannot do better than compare it with a commercial agreement, in which
the names of the parties, the nature and value of the goods, products and services involved, the
conditions of quality, delivery, price, reimbursement, everything in fact which constitutes the
material of contracts, is omitted, and nothing is mentioned but penalties and jurisdictions.
"Indeed, Citizen of Geneva, you talk well. But before holding forth about the sovereign and the
prince, about the policeman and the judge, tell me first what is my share of the bargain? What? You
expect me to sign an agreement in virtue of which I may be prosecuted for a thousand
transgressions, by municipal, rural, river and forest police, handed over to tribunals, judged,
condemned for damage, cheating, swindling, theft, bankruptcy, robbery, disobedience to the laws of
the State, offence to public morals, vagabondage,--and in this agreement I find not a word of either
my rights or my obligations, I find only penalties!
"But every penalty no doubt presupposes a duty, and every duty corresponds to a right. Where then
in your agreement are my rights and duties? What have I promised to my fellow citizens? What
have they promised to me? Show it to me, for without that, your penalties are but excesses of
power, your law-controlled State a flagrant usurpation, your police, your judgment and your
executions so many abuses. You who have so well denied property, who have impeached so
eloquently the inequality of conditions among men, what dignity, what heritage, have you for me in
your republic, that you should claim the right to judge me, to imprison me, to take my life and
honor? Perfidious declaimer, have you inveighed so loudly against exploiters and tyrants, only to
deliver me to them without defence?
”
”
Pierre-Joseph Proudhon (The General Idea of the Revolution in the Nineteenth Century)