Skip to content

Of a real, true contract, on whatsoever subject, there is…

“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…” quote by Pierre-Joseph Proudhon
Download Open image
““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

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

The speaker critiques a legal system that lists only penalties without specifying rights or duties, arguing that law should balance obligations with protections.

In simple terms: Laws should define both rights and duties, not just punishments.

Key Takeaway

Demand transparent contracts between citizens and state.

Themes

philosophy law rights justice

Mood

critical thoughtful

Type

philosophical political

When to use this quote

  • legal reform
  • civic education
  • human rights advocacy

Key Concepts

social contract state authority penalties citizen obligations

Questions to Reflect On

  • How can modern law reflect this balance?
A Different Perspective

May idealize contract simplicity.

★ ★ ★ ★ ★ No ratings yet

More by Pierre-Joseph Proudhon

Explore all 57 Pierre-Joseph Proudhon quotes

More Books quotes

Browse all 59,485 Books quotes