사회계약론

[박대선]

사회계약론을 읽었다. 저자는 전제정치가 비합법적이라면서 힘이 어떤 권리를 만들어내지않는다고 주장한다. 그런데 힘이 권리를 만들어내는 것이 아닌가? 생물은 약육강식의 상태다. 호랑이는 토끼를 힘으로 제압해서 잡아먹고 토끼는 저항할 힘이 없는 풀을 먹으면서 산다. 물론 호랑이도 죽어 박테리아의 먹이가 되고 박테리아가 분해한 유기물을 흡수하여 풀이 자라나는 순환을 이루기는 한다. 사회적 동물은 사회를 구성하는 것이 더 큰 힘을 가지기에 그렇게 산다. 개미나 벌 등의 동물은 각자 분업하여 생산성을 향상한다. 인간도 분업이 유리하기에 사회를 구성한다.
  
사회를 구성하는 방법이 본능적인 곤충과는 달리 인간은 힘을 통해 지배자와 피지배자의 계급을 구성한다. 수렵과 채집시절에는 먹이가 충분히 많지 않았기에 사회의 규모도 적었지만, 목축과 경작을 통해 음식을 보다 생산적으로 공급하게 되면서 사회는 커지고 하나의 사회가 다른 사회를 복속하여 규모의 경제를 이루기 시작했다. 그래서 힘을 가진 계급과 지배되는 계급으로 구분되곤 했다. 그런데 그 힘이 물리적인 힘에서 사회적인 힘으로 중심이 이전되면서 전제정치보다 민주정치가 주류가 되는 것은 아닐까하는 것이 개인적인 생각이다. 5

주권은 양도될 수없다고 저자는 주장한다. 사회는 구성원들의 공동이익을 위해 구성되었기 때문이라고 그는 생각한다. 그런데 사회의 구성원이 모든 사람을 의미하지는 않았다. 그리스 시민은 전체인구의 일부에 지나지않았고 노예나 여자는 투표권이 없었다. 현대에는 동물에게도 투표권을 주자는 주장도 있는데, 사회의 구성원이 무었인지에 따라 공동이익이 무엇인지 결정된다. 만약 동물도 구성원이라면 육식은 살인죄에 버금가는 중형을 받게 될 것이다. 40 

사회를 이루고 분업을 통하는 것이 생산성을 올려 모든 사회구성원에게 이익이 된다. 하지만 다른 사회끼리는 어떨까? 만약 포도주나 담배와 같은 경우는 분업과 교역에 따른 이익을 가질 수있다. 하지만 식량이나 기름과 같이 생활필수적인 경우는 그 사회의 존망을 좌우하는 문제가 될 수도 있다. 그래서 모든 국가에서는 농업과 어업에 보조금을 지급하여 자급자족을 위해 노력하곤 한다. 그런데 한국과 같은 비산유국은 어떻게 생존이 가능할까? 이와 같이 결국 수입이 필수적인 경우가 있다면 수출없이는 생존이 불가능하게 된다. 69

사람들 사이의 불평등의 기원과 근거들에 관한 논문을 사회계약론을 읽으면서 덤으로 접하게 되었다. 양은 사회계약론이 165페이지인데 이 논문은 그 절반정도다. 182 여러 생물은 다르다. 그리고 같은 종도 차이가 있다. 먹이를 잘 구하고 포식자로 부터 도피하는 능력이 있는 개체가 더 생존에 유리하여 많은 후손을 남기게 된다. 인간은 사회적인 동물이기에 먹이를 잘 구하는 능력외에도 분업가능한 어떤 일이라도 잘하면 다른 인간보다 짝을 찾거나 후손을 남길 가능성이 커지고 이는 불평등으로 이어진다. 하지만 능력이 다르기에 불평등한 것이 아니고 능력이 다른데도 평등한 것이 더 문제이지않을까? 235

해설·················································································5; 일러두기············································································9; 

사회계약론········································································13; 
머리말·············································································14
1편; 1장 1편의 테마······································································17; 2장 첫 사회들에 대해································································18; 3장 가장 강한 자의 권리에 대해······················································21;
 4장 노예 상태에 대해································································23; 5장 첫 약속으로 늘 거슬러 올라가야 한다·············································28; 6장 사회 계약(pacte social)에 대해···················································29;
 7장 주권자에 대해··································································32; 8장 시민 상태(état civil)에 대해······················································35; 9장 토지 소유권(domaine réel)에 대해 ···············································36
2편; 1장 주권은 양도될 수 없다···························································40; 2장 주권은 나눠질 수 없다···························································42; 3장 일반 의지는 잘못할 수 있는지····················································44;
 4장 주권의 한계에 대해······························································46; 5장 삶과 죽음의 권리에 대해·························································50; 6장 법에 대해·······································································53;
 7장 입법자에 대해··································································56; 8장 국민에 대해····································································61; 9장 국민에 대해····································································64;
 10장 국민에 대해····································································67; 11장 입법의 여러 가지 체계에 대해···················································70; 12장 법들의 분류····································································72
3편; 1장 일반적인 정부에 대해····························································75; 2장 정부의 갖가지 형태를 이루는 원리에 대해·········································81; 3장 정부들의 분류··································································84;
 4장 민주 정체에 대해································································86; 5장 귀족 정체에 대해································································89; 6장 군주 정체에 대해································································92;
 7장 혼합 정부들에 대해······························································98; 8장 모든 정부 형태가 어느 나라에나 다 맞는 것은 아니다·······························99;
 9장 좋은 정부의 표적(Signe)들에 대해···············································104; 10장 정부의 폐단과 그 타락하는 경향에 대해·········································106;
 11장 정치 집단의 죽음에 대해·······················································109; 12/13/14장 주권은 어떻게 유지되는가······················································111/112/114;
 15장 대의원들 또는 대표자들························································115; 16장 정부 설립은 결코 계약은 아니다················································119; 17장 정부 설립에 대해······························································121;
 18장 정부의 월권을 막는 방법·······················································123
4편; 1장 일반 의지는 파괴될 수 없다·····················································127; 2장 투표에 대해···································································130; 3장 선거에 대해···································································133;
 4장 로마의 민회에 대해·····························································136; 5장 호민관직에 대해·······························································146; 6장 독재에 대해···································································148;
 7장 풍기 단속에 대해·······························································151; 8장 시민의 종교에 대해·····························································153

사람들 사이의 불평등의 기원과 근거들에 관한 논문·······················166
헌사···············································································167; 머리말············································································178
1부···············································································189; 2부···············································································221