theory.
Briefing Document: Social Contract Theory
Introduction:
This document provides an overview of social contract theory, a key concept in moral
and political philosophy. It explores the historical development of the theory, key
figures associated with it, and its various interpretations, criticisms, and applications.
Social contract theory attempts to explain the legitimacy of state authority over
individuals, arguing that it stems from a form of agreement (explicit or implicit)
between individuals to sacrifice certain freedoms for protection and social order.
Main Themes and Ideas:
1. Core Concept:
Social contract theory posits that individuals consent (explicitly or tacitly) to give up
some freedoms to a ruler or a governing body in exchange for protection of their
remaining rights or the maintenance of social order.
The relationship between natural and legal rights is central to the theory.
The theory seeks to explain why rational individuals would voluntarily relinquish
natural freedom for political order.
A key idea is that law and political order are human creations, not natural
occurrences.
The legitimacy of the political order is contingent on its ability to fulfil its part of the
agreement.
1. State of Nature:
Most social contract theories start by imagining a “state of nature” – a condition
absent any political order.
Thomas Hobbes argued the state of nature is "solitary, poor, nasty, brutish, and
short", a "war of all against all". Without rules, individuals are driven by self-interest
and have unlimited freedom, leading to chaos. He argued for an absolute sovereign
to ensure order and stability.
Quote: "solitary, poor, nasty, brutish and short"
John Locke, however, believed that in the state of nature, individuals would still be
bound by a "Law of Nature," possessing natural rights to life, liberty, and property.
However, he also recognized a need for a neutral judge to protect those rights.
1. Key Theorists and Their Contributions:
Thomas Hobbes (1651): Emphasized security and order above all, even at the cost
of personal liberty. He believed individuals cede their rights to an absolute sovereign
to avoid the horrors of the state of nature. He saw the government as not part of the
contract, but instead as an entity individuals are obligated to submit to for order.
Quote: Humans need the "terrour of some Power" to heed the law of reciprocity.
John Locke (1689): Argued that individuals form a state to protect their existing
natural rights (life, liberty, and property). He advocated for limited government and
the right to resist tyranny. Locke saw the government as a neutral judge and that its
legitimacy stems from a citizen’s delegation of violence, with the right to self-
preservation.
Quote: "power... to preserve his property; that is, his life, liberty and estate against
the injuries and attempts of other men"
Jean-Jacques Rousseau (1762): Focused on the “general will,” arguing that the
social contract should be based on the collective interest of all citizens and not
individual interests. He was wary of representative government, preferring that laws
reflect the direct will of the people. He argued for total alienation of individual rights
to the community so that conditions are equal for all.
Quote: "Each of us puts his person and all his power in common under the supreme
direction of the general will; and in a body, we receive each member as an indivisible
part of the whole"
Quote: "be forced to be free" (meaning an individual is forced to obey the laws of the
"general will").
Pierre-Joseph Proudhon (1851): Advocated for a social contract between
individuals, not between individuals and the state. He believed in individual
sovereignty and that individuals should refrain from coercing or governing each
other.
John Rawls (1971): Proposed a hypothetical "original position" where rational
people, behind a "veil of ignorance," would agree to principles of justice, forming a
contract as a thought experiment for a just society.
David Gauthier (1986): Argued for the possibility of cooperation based on mutual
self-interest and rationality, using the prisoner's dilemma as an illustration. He
focused on the idea that adherence to an initial agreement leads to optimal results
for all parties.
Philip Pettit (1997): Suggested that social contract legitimacy is not based on
explicit consent but on the absence of an effective rebellion against the existing
authority.
1. Historical Context:
The concept of a social contract has ancient roots, appearing in the works of Plato
and in early Buddhist texts.
It gained prominence during the Enlightenment, particularly with the work of Hobbes,
Locke, and Rousseau.
The theory was eclipsed by utilitarianism, Hegelianism and Marxism in the 19th
Century, and revived in the 20th century by thinkers such as Rawls.
1. Evolution of Social Contract Thinking:
Ancient philosophers like Plato had precursors to social contract thought, positing
that justice is a middle ground between doing and suffering injustice.
Epicurus considered justice as stemming from agreements made for mutual benefit.
Renaissance-era thinkers, including French Calvinists and Huguenots, developed
ideas that everyone is naturally free from government subjugation.
The concept evolved from ideas about the origin of the state to contracts of
government or submission between people and ruler.
1. Applications:
Social contract theory is used to analyse the relationship between citizens and the
government in democratic systems.
The ideas are applied to the judiciary in diagnosing mental health issues in court
cases.
1. Criticisms:
David Hume argued that the social contract was a convenient fiction, noting that the
consent of the governed is the ideal but not the usual foundation for government. He
suggested that there had been a lack of a real or universal contract.
Quote: "consent of the people from being one just foundation of government where it
has place. It is surely the best and most sacred of any"
Consent of the Governed: Critics question whether simply living within a territory
implies consent to be governed.
Implicit Consent: The notion of tacit or implicit consent is debated - Does merely
existing within a society constitute agreement with its rules?
Contracts Must Be Consensual: The requirement that contracts be consensual has
been used to argue against the legitimacy of government actions as individuals may
not wish to enter into the contract.
Natural Law: Writers argue that governments must conform to unwritten
constitutions of nature and society, and that consent must be consistent with these.
Key Quotes:
Hobbes: "...solitary, poor, nasty, brutish and short" (describing the state of nature)
Hobbes: "...we need the "terrour of some Power" otherwise humans will not heed the
law of reciprocity, "(in summe) doing to others, as wee would be done to"
Locke: "power... to preserve his property; that is, his life, liberty and estate against
the injuries and attempts of other men"
Rousseau: "...Each of us puts his person and all his power in common under the
supreme direction of the general will; and in a body, we receive each member as an
indivisible part of the whole"
Rousseau: "be forced to be free"
Hume: "...consent of the people from being one just foundation of government where
it has place. It is surely the best and most sacred of any"
Conclusion:
Social contract theory provides a framework for understanding the basis of political
authority and the relationship between individuals and the state. It offers different
models for how societies are formed and how government is legitimized. While it has
been influential, it is not without its criticisms and remains a topic of ongoing debate
in philosophy and political theory.
Further Points:
The article also points out the use of this theory within a courtroom setting.
Let me know if you need any further clarification or have additional questions about
this briefing.
Notes: Reporter number 2. Obeso
1. Social Contract Theory: The reason of Hobbes, Rousseau, Locke: they would like
to go against the claim of the king as a given right.
2. Society is a natural creation, according to Aristotle. – LAW of NATURE
3. If society is man-made, it depends on the people; then, it would be allowed for
the abortion to be passed.
4. Social Contract: You give up something in exchange for the better/ good.
