Eleanor Finch
Social contract theory is a concept in political philosophy that suggests that people have consented to the authority of the government and social rules, either explicitly or tacitly. The US Constitution is often considered an explicit social contract, with its preamble stating We the People of the United States. This view holds that the Constitution sets out the moral and political obligations that people in the US agree to live by. Philosophers such as Locke, Rousseau, and Hobbes have all contributed to the theory, which has influenced the creation of the US federal government. This raises the question: to what extent is the social contract theory compatible with the US Constitution?
| Characteristics | Values |
|---|---|
| Social contract theory is compatible with the US Constitution | The US Constitution is often cited as an explicit example of a social contract |
| Social contract theory views the Constitution as an explicit social contract | The preamble of the Constitution, "We the People of the United States," supports this view |
| Social contract theory and the US Constitution are both informed by ancient democratic models and Judeo-Christian thought | John Locke and Algernon Sidney's social contract theory, influenced by the Bible, shaped the US Constitution |
| Social contract theory and the US Constitution are both based on the consent of the governed | The social contract theory considers the consent of the governed as the legitimate basis of government authority |
| Social contract theory and the US Constitution are both concerned with moral and political rules | The US Constitution outlines the moral and political obligations that govern people living in America |
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What You'll Learn
The US Constitution as an explicit social contract
The US Constitution is often regarded as an explicit social contract, with its preamble, commencing with "We the People of the United States", encapsulating this idea. This interpretation is central to social contract theory, which holds that individuals have consented to the authority of the government and societal norms, either implicitly or explicitly.
In the context of the US Constitution, contract theorists argue that the document represents a social contract between the American people and their government, establishing a framework for moral and political behaviour. This perspective is in contrast to compact theory, which proposes that the US formation was through an agreement between state governments rather than a social contract between citizens.
The roots of social contract theory can be traced back to ancient philosophers like Socrates, who rationalised his acceptance of Athens' laws and punishment. Later, Enlightenment thinkers like John Locke and Algernon Sidney further developed social contract theory, influencing the American Revolution and the creation of the US Constitution. Locke's view of the hypothetical State of Nature, governed by natural laws, led to his belief that individuals consented to government to acquire and accumulate property. Similarly, Sidney's theory emphasised the peaceful and free nature of people in a State of Nature, advocating for a democratic system where every person has a say.
The US Constitution, as an explicit social contract, sets out the rights and responsibilities of both the government and its citizens. It provides a framework for harmony in society, outlining the obligations that individuals agree to when choosing to live in America. This includes moral and political norms that enable cooperative living, such as the concept of prosocial behaviour, where individuals voluntarily assist others.
The interpretation of the US Constitution as a social contract highlights the importance of consent and the role of the governed in legitimising governmental authority. This perspective has had a significant influence on American democracy, shaping laws, policies, and government actions for centuries.
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Social contract theory and the role of the state
Social contract theory in the context of political philosophy refers to the idea that people have consented to the authority of the government and social rules, either explicitly or tacitly. It is the basis of government authority and can be traced back to Socrates, who reasoned that he should face his death penalty and not escape prison as he had implicitly consented to the laws of Athens by living in the city his entire life. Social contract theorists consider the US Constitution to be an explicit part of America's social contract, with its preamble beginning with "We the People of the United States".
The theory holds that people live together in society according to an agreement that establishes moral and political rules of behaviour. This agreement can be explicit, such as laws, or implicit, such as raising one's hand in class to speak. The US Constitution is an explicit example of a social contract, outlining what the government can and cannot do. People choosing to live in America agree to be governed by the moral and political obligations outlined in the Constitution's social contract.
The views of philosophers such as Locke and Rosseau influenced America's founders in creating a federal government under the Constitution. Locke's view of the hypothetical State of Nature is relatively peaceful, governed by natural laws, and people consent to the government to acquire and accumulate property. Rosseau argued for a new contract where every person would collaboratively submit themselves to the general will in a democratic system.
The application of social contract theory in America's founding was also influenced by the Bible-oriented worldviews of Locke and Sidney, reflecting the covenants practised by the ancient Israelites in the Bible. The Christian Puritans' application of covenants in their early American colonies and colonial constitutions also played a role. The American Founders used the principle of a social contract to defend the American Revolution and write the Declaration of Independence and the US Constitution.
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The influence of social contract theory on the US Constitution
Social contract theory in the context of political philosophy refers to the idea that people have consented to the authority of the government and social rules either explicitly or tacitly. This theory has had a significant influence on the creation of the US Constitution.
The US Constitution is often cited as an explicit example of a social contract, as it outlines the moral and political obligations to which people who live in America agree to abide by. The Constitution was ratified through 13 state conventions, where the people of each state elected delegates to approve it, supporting the view that it is a social contract between the American people rather than a compact between states. The preamble of the Constitution, which begins with "We the People of the United States," further emphasizes this interpretation.
The theories of philosophers such as John Locke, Algernon Sidney, and Jean-Jacques Rousseau also influenced the creation of the US Constitution. Locke's social contract theory, which proposed that people consent to government to acquire and accumulate property, and Rousseau's advocacy for a democratic system where every person in a small state voted on laws directly, informed the founding fathers' creation of a federal government under the Constitution.
Additionally, the long history of covenants among Christian Puritans in colonial America, such as the Mayflower Compact of 1620 and the Puritan laws and constitutions in their colonies, also played a role in shaping the nation's social contract. The Bible-oriented worldviews of Locke and Sidney, reflecting the covenants practiced by the ancient Israelites in the Bible, further influenced the merging of the ideas of covenant and compact in American constitutionalism.
Overall, the US Constitution reflects the principles of social contract theory, with its focus on the consent of the governed and the establishment of moral and political rules of behavior.
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The State of Nature and the need for government
The State of Nature is a hypothetical concept that has been central to the development of social contract theory. This theory, which has influenced political philosophy and the formation of governments, holds that people have consented to the authority of governments and social rules, either explicitly or tacitly. This consent is considered the legitimate basis of government authority.
The State of Nature represents a hypothetical pre-social condition, where individuals are not governed by any authority and are free from any political or moral obligations. Different philosophers have offered varying perspectives on the nature of this state. For instance, while Locke viewed the State of Nature as relatively peaceful, Rosseau argued that people in this state were not only peaceful and free but also had their needs met.
In Locke's view, individuals in the State of Nature consent to government primarily to acquire and accumulate property, which he believed was impossible without a governing authority. This perspective influenced the founders of the United States in their creation of a federal government under the Constitution. Locke's theory also acknowledges the influence of the Laws of Nature, suggesting that individuals in the State of Nature are governed by these natural laws, which provide a certain level of order.
In contrast, Rosseau offers a different perspective on the role of government. He argues that existing governments only contract with property owners to subjugate non-property owners. He advocates for a new contract where every person collaboratively submits themselves to the general will in a democratic system. In Rosseau's ideal state, each person in a relatively small state would have a direct vote on the laws that govern them.
The concept of the State of Nature highlights the need for government by illustrating the potential challenges and limitations of a society without a governing authority. It is important to note that social contract theory, including the idea of the State of Nature, has been influential in shaping the political landscape of the United States. The U.S. Constitution is often cited as an explicit example of a social contract, setting out the rights and obligations of both the government and the governed.
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Social contract theory and moral/political obligations
Social contract theory in the context of political philosophy refers to the idea that people have consented to the authority of the government and social rules, either explicitly or tacitly. This theory is based on the notion that the consent of the governed is the legitimate basis of government authority. Social contract theorists consider the US Constitution to be an explicit part of America's social contract due to its preamble, which begins with "We the People of the United States". This indicates a social contract between the American people and their government, outlining moral and political obligations.
The roots of social contract theory can be traced back to ancient philosophers like Socrates, who reasoned that he should abide by the laws of Athens because he had implicitly consented to them by living there his entire life. Over the centuries, philosophers have tried to describe the ideal social contract and explain the evolution of existing social contracts. For example, philosopher Stuart Rachels suggests that morality is a set of rules that rational people accept, provided that others also accept them. 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 a social contract, as it sets out the powers and limitations of the government. People who choose to live in the United States implicitly agree to be governed by the moral and political obligations outlined in the Constitution. This social contract theory-based perspective on the Constitution is in contrast to compact theory, which promotes the idea that the US was formed through an agreement between state governments rather than a social contract between individuals.
The social contract theory has influenced the founding of the United States and the creation of its federal government. Philosophers like John Locke and Algernon Sidney of the Enlightenment era developed social contract theories that shaped the thinking of America's founders. Locke's view of the hypothetical State of Nature was relatively peaceful, governed by natural laws, and people consented to the government to acquire and accumulate property. Rosseau, another philosopher, argued for a new contract where every person collaboratively submits themselves to the general will in a democratic system. These ideas influenced the American Revolution and the writing of the Declaration of Independence and the Constitution.
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Frequently asked questions
Social contract theory is the view that a person's moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live.
Many social contract theorists view the US Constitution as an explicit social contract, due to its preamble, which begins with "We the People of the United States". The Constitution sets out what the government can and cannot do.
Thomas Hobbes and John Locke, two proponents of social contract theory, had differing views of the state of nature. Hobbes believed that the state of nature was completely intolerable, and that rational men would submit to absolute authority to escape it. Locke, on the other hand, believed that the state of nature was relatively peaceful, governed by the laws of nature.
Rousseau argued that in the state of nature, people were peaceful, free, and had their needs met. He believed that existing governments only contracted with property owners to subjugate non-property owners, and advocated for a new contract where every person would collaboratively submit themselves to the general will in a democratic system.
One criticism of social contract theory is that it fails to represent the fullness of human psychology and motivations. For example, certain kinds of relationships of dependence, such as the mother-child relationship, are necessary for people to develop the capacities and qualities required to enter into contracts and agreements.
