In order to strike as deadly a blow as possible at Rousseau's conception of the state as a contract, this conception was represented as not only foolish, but actually criminal. And yet it is but the natural, the inevitable outcome of the eighteenth century's over-estimation of the conscious side of human life and want of understanding of the unconscious, the instinctive. How much more justly does Hegel judge Rousseau! He gives him the credit of having laid down a principle, "the constituent of which is thought"--in other words, will--as the principle of the state, observing that he was only mistaken in understanding by will merely the individual, conscious, and arbitrary will, a misunderstanding which leads to "other, merely reasonable conclusions, subversive of the absolutely divine, and its authority and majesty."[4] In the _Contrat Social_ Jean-Jacques had attempted to find the basis of governments and laws in the nature of man and society, taken purely in the abstract. But before Rousseau's day Montesquieu had written: "I have never heard law discussed without a careful investigation being made into the origin of societies, a proceeding which to me seems perfectly absurd. If human beings did not form a society, if they avoided or fled from one another, one would ask the reason and try to find out why they kept separate; but, as it is, they are all born bound to each other. A son is born in his father's home and remains connected with him--this is society and its cause."
If, for the relation of the child to the father, we substitute the relation to the mother, as being even a closer one, the reasoning is perfectly correct. But Rousseau, leaving this solution out of the question, desired to show what ideas had led men to hold together, what aim they proposed to themselves in so doing, and by what means they could best attain this aim. Now, it admits of no dispute that it is only by the mutual consent of its members that society exists. This consent or contract is most undoubtedly the spiritual basis on which society rests; but the contract is entered into tacitly, is an understood thing, has always existed, has consequently no external actuality. In exactly the same manner we accept the geometric definition of the origin of a ball: A ball, or sphere, is generated by the revolution of a semicircle about its diameter. The definition is perfectly correct, but has no connection whatever with the material conditions requisite to the existence of any given ball. Never yet has a ball been made by causing a semicircle to revolve round its axis.
