The intellectual constructions of the eighteenth century, of which the most famous is J. J. Rousseau's "Social Contract," are not taken literally by anyone nowadays. Nobody seriously believes that one day individuals living in a state of nature banded themselves together and made a contract, by virtue of which they renounced certain liberties and rights and transferred them to a superior authority which was to rule them so as to promote the general welfare, peace and happiness. But if the procedure was not quite so simple as this, at least it is certain that the State undertakes the task which Rousseau expressly prescribes as its aim. If, however, through its fault, the fault of its legislation, the welfare of the community suffers, and peace and happiness are not promoted but hindered, disturbed and destroyed, then every citizen has the moral right to revolt against the State and paralyse its pernicious might; not because it has broken a formal contract with its citizens, but because it has become inimical to the peaceful life of mankind, the purpose of every social community. If anyone is troubled at the thought that there is no reliable standard whereby to test the morality of a law and no place indicated where such a measure can be applied, he may take comfort by remembering that all Morality is surrendered to the feelings and judgment of the majority and has no other sanction than this. History teaches us that the majority does not acquit itself too badly of its duty. Public opinion suffices to maintain Morality at a certain level in a community. And if public opinion is capable of ensuring respect for the unwritten law of Morality without the sanctions of State Law, it may surely be recognized as a fit judge of the morality of a law. That is the theory of the right of citizens to defend themselves by all means, even by force, against immoral laws. Practically, it is of no importance, because nowadays, at least in all progressive and liberally governed States, the people have constitutional means at their disposal to prevent or quickly to rid themselves of laws that are obnoxious.
Morality includes the Law, whereas Law is only a part of Morality. Owing to its coercive nature, the Law is obliged to be concrete and material and to ignore all the imponderable, barely perceptible, spiritual and dream-like things which hover round Morality, surround it with an atmosphere and transport it beyond definite boundaries into the realm of the unconscious and visionary. The total exclusion of the element of feeling which Morality includes, constitutes the most profound difference between it and the Law. Law protects order but knows no love. The separation of Law from Morality is due to the pressure of selfishness which thinks it has made the greatest possible concession when it rises to the height of saying with Ulpian: "_Neminem laedere. Suum cuique reddere. Honeste vivere._" Injure no one; that is, refrain from the ruthless use of force; render to each his own; that is, do not retain in rascally fashion what belongs to another; live honourably; that is, give no offence to your neighbour by disorderly conduct and depravity.