right at the moment, it would have to be mikhail bakunin.
mikhail bakunin wrote:
... We have said that man is not only the most individualistic being on earth – he is also the most social. It was a great mistake on the part of Jean Jacques Rousseau to have thought that primitive society was established through a free agreement among savages. But Jean Jacques is not the only one to have said this. The majority of jurists and modern publicists, either of the school of Kant or any other individualist and liberal school, those who do not accept the idea of a society founded upon the divine right of the theologians nor of a society determined by the Hegelian school as a more or less mystical realisation of objective morality, nor of the naturalists' concept of a primitive animal society, all accept, nolens volens, and for lack of any other basis, the tacit agreement or contract as their starting point.
According to the theory of the social contract primitive men enjoying absolute liberty only in isolation are antisocial by nature. When forced to associate they destroy each other's freedom. If this struggle is unchecked it can lead to mutual extermination. In order not to destroy each other completely, they conclude a contract, formal or tacit, whereby they surrender some of their freedom to assure the rest. This contract becomes the foundation of society, or rather of the State, for we must point out that in this theory there is no place for society; only the State exists, or rather society is completely absorbed by the State.
Society is the natural mode of existence of the human collectivity, independent of any contract. It governs itself through the customs or the traditional habits, but never by laws. It progresses slowly, under the impulsion it receives from individual initiatives and not through the thinking or the will of the law-giver. There are a good many laws which govern it without its being aware of them, but these are natural laws, inherent in the body social, just as physical laws are inherent in material bodies. Most of these laws remain unknown to this day; nevertheless, they have governed human society ever since its birth, independent of the thinking and the will of the men composing the society. Hence they should not be confused with the political and juridical laws proclaimed by some legislative power, laws that are supposed to be the logical sequelae of the first contract consciously formed by men.
The state is in no wise an immediate product of nature. Unlike society, it does not precede the awakening of reason in men. The liberals say that the first state was created by the free and rational will of men; the men of the right consider it the work of God. In either case it dominates society and tends to absorb it completely.
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?Civil government, so far as it is instituted for the security of property, is in reality instituted for the defense of the rich against the poor, or of those who have some property against those who have none at all.?
Adam Smith