Honore de Balzac: The Country Doctor

3. CHAPTER III: THE NAPOLEON OF THE PEOPLE (continued)

"The SOCIAL CONTRACT founded upon this basis will be a perpetual pact between those who have and those who have not. And acting on these principles, those who benefit by the laws will be the lawmakers, for they necessarily have the instinct of self-preservation, and foresee their dangers. It is even more to their interest than to the interest of the masses themselves that the latter should be quiet and contented. The happiness of the people should be ready made for the people. If you look at society as a whole from this point of view, you will soon see, as I do, that the privilege of election ought only to be exercised by men who possess wealth, power, or intelligence, and you will likewise see that the action of the deputies they may choose to represent them should be considerably restricted.

"The maker of laws, gentlemen, should be in advance of his age. It is his business to ascertain the tendency of erroneous notions popularly held, to see the exact direction in which the ideas of a nation are tending; he labors for the future rather than for the present, and for the rising generation rather than for the one that is passing away. But if you call in the masses to make the laws, can they rise above their own level? Nay. The more faithfully an assembly represents the opinions held by the crowd, the less it will know about government, the less lofty its ideas will be, and the more vague and vacillating its policy, for the crowd is and always will be simply a crowd, and this especially with us in France. Law involves submission to regulations; man is naturally opposed to rules and regulations of all kinds, especially if they interfere with his interests; so is it likely that the masses will enact laws that are contrary to their own inclinations? No.

"Very often legislation ought to run counter to the prevailing tendencies of the time. If the law is to be shaped by the prevailing habits of thought and tendencies of a nation, would not that mean that in Spain a direct encouragement would be given to idleness and religious intolerance; in England, to the commercial spirit; in Italy, to the love of the arts that may be the expression of a society, but by which no society can entirely exist; in Germany, feudal class distinctions would be fostered; and here, in France, popular legislation would promote the spirit of frivolity, the sudden craze for an idea, and the readiness to split into factions which has always been our bane.