Eleanor Finch
The social contract is a political philosophy that revolves around the agreement between a people and their government. It is the foundation of modern constitutionalism, with the works of Thomas Hobbes, John Locke, and Jean-Jacques Rousseau being particularly influential. The social contract theory holds that a political unit is established through a promise or mutual obligation, where individuals consent to give up certain powers to a government in exchange for security and the protection of their rights. This theory played a pivotal role in shaping the US Constitution, which outlines the moral and political obligations governing those who choose to live in America. The US Constitution, as an explicit social contract, defines the powers of the government and serves as a framework for societal harmony.
| Characteristics | Values |
|---|---|
| Social contract theory | The U.S. Constitution is an explicit example of a social contract |
| The social contract theory is a political philosophy about an agreement between the people and their government | |
| The social contract is influenced by the biblical concept of a covenant or contract | |
| The social contract is influenced by the works of Thomas Hobbes, John Locke, Algernon Sidney, and Jean-Jacques Rousseau | |
| The social contract is based on the consent of the people | |
| The people give up certain powers to the government, but they can also take back that power if the government fails to uphold its end of the contract | |
| The purpose of the social contract is to enforce the Law of Nature and protect citizens' rights and properties | |
| The social contract provides a framework for harmony and justice in society |
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What You'll Learn
The US Constitution is an explicit social contract
The theoretical foundations of modern constitutionalism were laid down in the great works on the social contract, especially those of the English philosophers Thomas Hobbes and John Locke in the 17th century and the French philosopher Jean-Jacques Rousseau in the 18th. The social contract theory is a political philosophy about an agreement between the people and their government. Social contracts can be explicit, such as laws, or implicit, such as raising one's hand in class to speak.
The US Constitution is often cited as an explicit example of America's social contract. It sets out what the government can and cannot do. People who choose to live in America agree to be governed by the moral and political obligations outlined in the Constitution's social contract. The US Constitution is a written document that establishes the rules and powers of the government and guarantees certain rights to the people. It is the supreme law of the land and any laws or actions that violate the Constitution are null and void. The Constitution is also a living document, which means that it can be amended over time to reflect the changing needs and values of the American people.
The social contract theory was central to the American Revolution. The American Founders applied the principle of a social contract to justify the American Revolution and to write the United States Declaration of Independence and the US Constitution. The application of social contracts in America's founding was influenced by the work of John Locke and Algernon Sidney of the Enlightenment era, as well as by the practice of covenants in early colonial America. Locke attempted to provide firm assurance of the individual's natural rights by assigning separate but coordinated powers to the monarch and Parliament and by reserving the right of revolution against an unconstitutionally oppressive government.
The purpose of a socially contracted society is to enforce the Law of Nature and to protect citizens' rights and properties. Locke asserted that the people's consent (along with the Law of Nature) is what authorizes the society's civil laws. Without it, such laws are “no better than mere tyranny”. According to Locke, "That which begins and actually constitutes any political society is nothing but the consent of any number of freemen capable of majority, to unite and incorporate into such a society. This is that, and that only, which did or could give beginning to any lawful government in the world”.
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The social contract is based on biblical covenants
The social contract is a concept in moral and political philosophy that concerns the legitimacy of a state's authority over an individual. It is an agreement between the ruled and their rulers, defining the rights and duties of each party. The social contract is based on the idea that individuals consent to surrender certain freedoms in exchange for protection of their remaining rights and the maintenance of social order. This concept is often associated with Enlightenment philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau, who sought to justify political authority on the basis of individual self-interest and rational consent.
Biblical covenants, on the other hand, are agreements between God and humanity that are found throughout the Bible. While there is no consensus on the exact number, there are five commonly cited foundational covenants between God and Noah, Abraham, Moses, and David, with a new covenant established through Jesus. Biblical covenants are relational and personal, often accompanied by oaths, signs, and ceremonies. They are based on the idea of mutual commitment and partnership between God and humans, reflecting God's redemptive plan for humanity.
The social contract theory and the concept of biblical covenants share similarities in their emphasis on agreements and mutual obligations. Both concepts involve a form of promise or contract between parties, and they can shape laws, policies, and government actions. However, it is important to note that biblical covenants are irrevocably binding, operating according to a "logic of superabundance," reflecting God's grace and love rather than a strict regime of justice.
The application of social contracts in America's founding was influenced by Enlightenment thinkers such as John Locke and Algernon Sidney, as well as the practice of covenants in early colonial America among Christian Puritans. The Mayflower Compact of 1620, John Winthrop's "City on a Hill" sermon, and the laws and constitutions established by Puritans in their colonies laid the groundwork for the Bible-based practice of covenants in America. These influences contributed to the development of the American social contract, which was applied to justify the American Revolution and the creation of the United States Declaration of Independence and the U.S. Constitution.
In summary, while the social contract theory and biblical covenants have distinct characteristics, the concept of covenants in colonial America informed the development of social contract thinking and its application in the founding of the United States. The social contract, as embodied in the US Constitution, reflects the influence of biblical covenants and Enlightenment-era philosophical ideas on the nature of governance and the relationship between the state and the individual.
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The people's consent legitimises the government
The social contract is a political philosophy that revolves around the idea of an agreement between the people and their government. The US Constitution is often cited as an explicit example of a social contract, outlining the moral and political obligations that govern those who choose to live in America.
The people's consent is a critical aspect of the social contract theory, and it is what legitimises any government. According to John Locke, a key Enlightenment thinker on social contract theory, "That which begins and actually constitutes any political society is nothing but the consent of any number of freemen capable of majority, to unite and incorporate into such a society. This is that, and that only, which did or could give beginning to any lawful government in the world."
Locke emphasised that the people's consent, along with the Law of Nature, is what authorises a society's civil laws. Without this consent, laws are "no better than mere tyranny". The purpose of a socially contracted society is to enforce the Law of Nature and protect citizens' rights and properties.
In the context of the US Constitution, the people's consent is reflected in the idea that individuals give away certain powers to the government, but they can always take that power back. This concept was central to the American Revolution, as it provided the theoretical foundation for challenging the British monarchy and establishing a new form of government.
The US Constitution sets out the rights and responsibilities of both the government and the citizens. By agreeing to be governed by the Constitution, the people of America give their consent to the government to exercise its powers within the prescribed limits. This consent is what legitimises the government's authority and its ability to enforce laws and maintain order.
In summary, the social contract theory, as embodied in the US Constitution, recognises that the government's legitimacy and authority are derived from the people's consent. This consent is not a one-time event but an ongoing process, where the government's power is contingent on its ability to uphold the terms of the social contract and protect the rights and freedoms of its citizens.
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The government's duty is to provide security
The social contract is a political philosophy about an agreement between the people and their government. The theoretical foundations of modern constitutionalism were laid down in the great works on the social contract, especially those of the English philosophers Thomas Hobbes and John Locke in the 17th century and the French philosopher Jean-Jacques Rousseau in the 18th century. The social contract theory was also influenced by the biblical concept of a covenant or contract, such as the one between God and Abraham and the Israelites of the Old Testament.
In the context of the US Constitution, the social contract is embodied in the form of a civil agreement of mutual obligation between the people and their government. This agreement sets out the rights and responsibilities of both parties, with a focus on protecting citizens' natural rights and properties. The US Constitution outlines the moral and political obligations that the government must abide by and the people choosing to live in America implicitly agree to be governed by these obligations.
The government's duty to provide security is a fundamental aspect of the social contract. The US Constitution establishes the responsibility of the government to protect the basic rights of citizens to life, liberty, and property. This includes the right to be secure in one's person and possessions. The government is expected to uphold law and order, maintain stability, and protect citizens from harm, both domestically and from external threats.
To fulfil its duty to provide security, the US government has established various mechanisms. Firstly, it has a system of distributed and shared powers among the legislative, executive, and judicial branches, creating a system of checks and balances. This distribution of power prevents the concentration of power in a single branch, reducing the likelihood of power abuse or misuse.
Secondly, the US government has established law enforcement agencies and a judicial system to enforce laws and ensure justice. This includes local police departments, federal law enforcement agencies such as the FBI, and the court system. These institutions work together to investigate crimes, apprehend criminals, and ensure that those who violate the law are punished accordingly.
Additionally, the US government has a responsibility to provide for the common defence. This includes maintaining a military force to protect against external threats and ensuring the security of its borders. The government also has a duty to protect citizens from internal threats, such as terrorism and natural disasters, by establishing emergency response plans and providing resources for disaster relief.
Overall, the government's duty to provide security is a crucial aspect of the social contract embodied in the US Constitution. By establishing a constitutional government with distributed powers and a responsibility to protect citizens' rights, the US government aims to provide security and ensure the well-being of its citizens.
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People can reject the contract and leave
The social contract is a concept in moral and political philosophy that concerns the legitimacy of the authority of the state over the individual. It holds that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler or the decision of the majority. This surrender of freedoms is done in exchange for protection of their remaining rights or the maintenance of the social order.
The social contract is a core concept of constitutionalism, and it is embodied in the US Constitution, which sets out what the government can and cannot do. People who choose to live in America agree to be governed by the moral and political obligations outlined in the Constitution's social contract.
However, the social contract is not static, and individuals can choose to reject the contract and leave. This idea of rejecting the social contract is rooted in the works of philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau.
John Locke, for example, asserted the need for consent in social contracts, arguing that the consent of the governed is what legitimizes the government. He further stated that individuals have the right to revolution against a government that has become unconstitutionally oppressive. In the context of the US Constitution, this translates to the right of the people to rebel if the government breaks the terms of the contract or violates the Constitution.
Similarly, Rousseau's social contract theory emphasizes the importance of the "general will," which is the expression of the popular sovereign. If an individual rejects this "civil liberty" and disobeys the law, they are still subject to the laws created by the collective will of the people.
In the context of the US Constitution, if an individual rejects the social contract embodied in the Constitution, they must leave the territory of the United States. This idea is reflected in the works of Locke, who stated that those who reject the constitution must go to "empty places," which, in his time, referred to America.
The ability to reject the social contract and leave is a recognition of individual freedom and the understanding that consent is necessary for a legitimate government. It also underscores the dynamic nature of the social contract, where individuals are not permanently bound to a contract they no longer agree with.
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Frequently asked questions
The social contract is a voluntary civil agreement of mutual obligation among a people or between a people and their governors for political purposes, usually to create a civil state with a certain form and laws or to authorize a governor.
The US Constitution is often cited as an explicit example of part of America's social contract. It outlines the moral and political obligations that people who choose to live in America agree to be governed by.
The social contract in the US was influenced by ancient democratic models, social contract theory developed by philosophers such as John Locke and Algernon Sidney, and the practice of covenants in early colonial America.
