'The social contract is not worth the paper it 's not written on. ' Can social contract theory adequately explain why we should obey the law?
In its simplest form, the social contract theory is the view that, within an organised society, people 's rights and duties are bound by a theoretical contract that they sign with the state. Through the use of the contract, each member 's political and moral obligations are clearly defined, which in turn intends to benefit the society as a whole. I intend to argue that, as a member of such a civilisation, you have a duty to obey the law and the rules of this contract in order to increase the liberty and well-being of the people.
Although many philosophers have offered their views on social contract theory throughout time, there are two main theorists whose innovative ideas have ensured that this is one of the most contentious debates in philosophy. On one side of the fence sits Thomas Hobbes who was the first modern philosopher to introduce such an idea regarding the relationship between the people and the state. Supporting the theory, he stated that if each individual is to feel secure within a society, there needs to be some form of legislation created by the state ensuring that this is the case. On the other side sits John Locke who, as an advocate of the state of nature, believes that a society in which the people act based on their personal morals and their natural rights will lead to the greatest level of liberty.
I will
The word Social Contract theory was first used by Thomas Hobbes to define royal authority. However John Locke who wrote the two treaties on government” in the 1680’s reinforce the meaning of a new social contract theory. In his version of social contract, he stated “men surrendered a part of their right to govern them selves in order to enjoy the benefits of the rule of law”(Foner, 149). In his argument, natural right such as life, liberty and proper play a huge role. According to Locke, Government or political system is form by equal individuals (mainly men of a household). Although men surrendered part of their right to govern to enjoy the benefits of the rule of law, they do retain the natural right of protecting of liberty, life and property against any local or foreign enemies. According to Locke and the
Everyone has their own very unique views on everything in the world. What’s right and what’s wrong is a good example of how humanity views different subjects let’s say a man kills another man to protect his family from harm he may see it as okay to do but in the bible it says “thou shall should not kill” so it’s all how you look at it. In this paper I will be discussing the different view point of Hobbes, Locke, and Rousseau on the most basic tenets of classical liberalism. For example the states of nature, the social contracts, and the sets of view of the rights and obligations of citizens and states. My first topic that I will be discussing is the different views of social contracts. It will go in order from Hobbes to Locke then to Rousseau.
Human beings overcame their unpleasant condition, says the social contract theory, by agreeing with one another to create a state. By contract, people within a given agreed agreed to give up to the state as much power as was needed to promote the safety and well-being of all. In the contract, the members of the state created a government to
Great Philosophers like Thomas Hobbes, John Locke and Jean –Jacque Rousseau had been deeply concerned about the Social Contract Theories on the people. The main theories include safety, security, equal rights and have an organised society without any foreign interference. The use of non-violence and war against mankind. Society as a whole was the main priority for all these three philosophers. Both John Locke and Jean-Jacque Rousseau had different views when compared to Thomas Hobbes on Society. Each of these men had their own theories on how to protect the rights of human beings. John Locke and Jean-Jacque Rousseau have better ideas than Thomas Hobbes. Hobbes believed that only a true and clean government can rule the people and protect their
Thomas Hobbes studied the idea of a “State of nature” and came up with the “Social contract theory” first, but then was studied later by John Locke, a European philosopher whose work is still seen in effect
keOf all the social contract theories that have been put forth, the most influential perhaps have been John Locke’s and Thomas Hobbes’. While both are Natural Law theorists, they have completely different views of man’s state of nature. John Locke thinks of man in a natural state as a peaceful, social being while Thomas Hobbes thinks of man as an aggressive and greedy man. Both theorists also showed that man doesn’t live in a state of nature, social contracts will be formed to govern the populace. It is, however, the reasons for the formation of these social contracts that are of relevance to this essay. I believe that neither of these theories are accurate depictions of man but Hobbes seems more practical in his theory than Locke.
Hobbes claims that man has desires for order and security inborn. In order to prevent poverty and suffering, people took a part in a contract. In other words, it is an agreement among people through which ordered society maintained. They willingly leave all their rights and independence to the authority because of the social contract which states obedience. In Leviathan, Hobbes states that “The mutual transferring of right is that which men call contract” (93). On the other hand, for Rousseau, after people began to live together, property is invented and the invention of property means that humanity fall from grace out of the state of nature and people surrendered their freedoms and rights to the society as a whole that Rousseau termed as general will. However, this problem is solved by the social contract. According to The Social Contract, or Principles of Political Right, he endeavours to mention that “Find a form of association that will bring the whole common force to bear on defending and protecting each associate’s person and goods, doing this in such a way that each of them, while uniting himself with all, still obeys only himself and remains as free as before”(11). Consequently, Hobbes’ social contract depends on the submission, on the other hand Rousseau’s social contract based on the
John Locke (1689) and Thomas Hobbes (2010) share a common underlying concern: establishing a social contract between the government and the governed. To be legitimate, government must rest in the final analysis on the “consent” of the governed, they maintain. They also share a common view of humanity as prone to selfishness (Morgan, 2011 p. 575-800). Given the modern era, Hobbes views of the state of nature and government seem antiquated; no longer do the masses wish to be subservient to anyone man without question. Lockean principals are now the base for today’s modern, just, prosperous and free states.
Punishment is circumstantial. Different forms of punishment are effective for various forms of crime. There are instances in which retribution, deterrence, and rehabilitation are all suitable. As a society we abide by what is known as an Implied Social Contract Theory. This simply means that in order for a society to avoid “A State of Nature or Anarchy,” there must be guarantees that people will not harm one another and that people must be able to rely on one another to uphold their agreements. However, only a government is capable of providing these guarantees. Therefore the appointment of authority to a well-defined government or legal system is essential for the establishment and enforcement of laws and the sovereignty of upholding the rules that are necessary for social living. The realization that deviancy without repercussions is useless is
Social contract denotes that a government or sovereign body exists only to serve the will of the people because the people are the source of political power that is enjoyed by the entity. The people can choose to give or withdraw the power. Not all philosophers agree that the social contract creates rights and obligations; on the contrary, some believe that the social contract imposes restrictions that restrict a person’s natural rights. Individuals who live within the society gain protection by the government from others who may pursue to cause them injury, in exchange, the citizens, must relinquish individual liberties like the capability to commit wrongdoings without being reprimanded, and they should contribute to making society
The original Social Contract tradition has had many authors, but for the purposes of this paper I will focus on John Locke’s work as one political system that might be used by a nation and the problems it entails that would have to be discussed for modern uses. Locke begins by describing a state of nature that entails equality and a state of perfect freedom for mankind to live as they want within the laws of nature (Locke 2009, 370). Locke’s work argues for his view of property, where a man has the right to the fruits of his labor but not to another man’s (Locke 2009, 372). In his view, the government is meant to prevent on man from seeking punishment that is unfit for the committed crime and that people join together for protection for themselves and their property (Locke 2009, 371-372). He argues also that no one man should be in charge and that a democracy should be used instead (Locke 2009, 371).
Walker argues that we have do have an obligation to obey the law insofar as the benefits we enjoy provided by institutions and the state. This is
With these three authors, they all have the same opinion on the social contract. Thomas Hobbes, James Madison, and Plato all believed that having an absolute sovereign is what will make a society the most successful. This paper seeks to point out the distinct visons of absolute sovereignty that Hobbes, Madison, and Plato articulated by unpacking the central premises of each argument, pitting them against each other through comparing and contrasting.
So not only does law impose ideals without giving justification; it also imposes itself without justification. Law does not allow itself to be vulnerable to criticism; instead of allowing people to judge it by its merits and failings law forcefully imposes itself, without consent based on analysis and understanding. The Social Contract purports that people who agree to the imposition of law upon them do so in exchange for the protection of the government. Still, as one can see, in reality government often fails, indeed never attempts, to protect its own people. The purpose of law and punishment is to "protect" the people, but the fact that punishment need be imposed only illustrates the fact that it does not protect. Punishment is imposed only after harmful actions against society have been carried out. In order for punishment to be applied there first must be a crime- an action that is government's responsibility to prevent from taking place. When law is applied government has already failed to protect the individual; punishment will do nothing to help the victim after they have been victimized. Law does not, in truth, prevent such behavior; it only deals with it once it has occurred. Law does nothing to prevent socially harmful behavior; it therefore does not protect in accordance with the tenets set forth
In Leviathan, Thomas Hobbes lays out the hypothetical principal of the state of nature, where human it-self is artificial. It is human nature that people will not be able to love permanently, everyone against everyone power between the strongest. In this nation-state you must be the strongest in order to survive (survival of the fittest). In order to survive there are laws we must follow, to insure of our security because of fear. We were able to suppress our fear, by creating order, to have more order; we must have security, so the social contract appeared.