Malcolm Rivera
Social contract theory is a political philosophy that explores the relationship between individuals and their government. It suggests that people live together in society according to an implicit or explicit agreement that establishes moral and political rules of behaviour. The theory, conceptualised during the Age of Enlightenment, holds that individuals consent to surrender certain freedoms and submit to a governing authority in exchange for the protection of their remaining rights and the maintenance of social order. The U.S. Constitution, with its preamble We the People of the United States, is often cited as an explicit example of a social contract, outlining the powers and limitations of the government.
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What You'll Learn
The US Constitution as an explicit social contract
Social contract theory is a concept in moral and political philosophy that concerns the legitimacy of the authority of the state over the individual. The theory posits 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 theory 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. In return, the government has a duty to provide greater security and safety and protect their remaining rights or maintain social order.
The US Constitution is often cited as an explicit example of a social contract. This is due to its preamble, which begins with the phrase, "We the People of the United States." The Constitution sets out what the government can and cannot do and was ratified through 13 state conventions, with the people of each state electing delegates to approve it. This view of the Constitution as a social contract is supported by the influence of philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau on America's founders. These philosophers' works laid the theoretical foundations of modern constitutionalism and influenced the creation of a federal government under the Constitution of the United States.
Locke, for instance, attempted to assure individuals' 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. In Locke's view, people consented to government primarily to acquire and accumulate property, which he believed was impossible in a state of nature. Rousseau, on the other hand, argued that people in a state of nature were peaceful, free, and had their needs met. He advocated for a new contract in which every person would collaboratively submit to the general will in a democratic system where everyone voted on laws directly.
The idea of a social contract is also reflected in the modern theories of John Rawls, who proposed a contractarian approach in which rational people would set aside their individual preferences and capacities and agree to certain general principles of justice and legal organisation. This theory is supported by David Gauthier's "neo-Hobbesian" theory, which argues that cooperation between two independent and self-interested parties is possible, especially in understanding morality and politics.
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The role of the government in social contract theory
Social contract theory is a concept in moral and political philosophy that concerns the legitimacy of the authority of the state over the individual. It is an idea 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 in exchange for protection of their remaining rights or the maintenance of social order. This theory is often tied to the formation of governments and the role they play in society.
Thomas Hobbes, considered the first modern philosopher to articulate a detailed contract theory, argued that the lives of individuals without a social contract were "solitary, poor, nasty, brutish, and short". In this state of nature, self-interest and the absence of rights and contracts prevented the formation of society. Hobbes believed that humans needed the "terror of some Power" to follow the law of reciprocity, and he rejected the notion that a group of people could join a government because it has the capacity to exercise a single will and make decisions with a single voice in the absence of sovereign authority. Hobbes also argued that government is not a party to the original contract, and citizens are not obligated to submit to the government when it is too weak to act effectively to suppress factionalism and civil unrest.
John Locke, who also promoted social contract theory, had a different view from Hobbes. Locke believed that the hypothetical state of nature was relatively peaceful as it was governed by the Laws of Nature, and people consented to government primarily to acquire and accumulate property, which he believed was impossible in the state of nature. He argued that without a government to defend them, people would have no security in their rights and would live in fear.
Jean-Jacques Rousseau, a French Enlightenment writer, also contributed to social contract theory. Rousseau argued that people in the hypothetical state of nature were peaceful, free, and had their needs met. He believed that existing governments only contracted with property owners to subjugate non-property owners, and he advocated for a new contract in which every person would collaboratively submit themselves to the general will in a democratic system where every person in a relatively small state voted on laws directly. Rousseau viewed the naturalized social contract as responsible for the conflict and competition from which modern society suffers.
In the United States, contract theorists consider the Constitution to be an explicit part of America's social contract. The Constitution is seen as a social contract between the American people, with its preamble beginning with the phrase "We the People of the United States," indicating a contract between the people, not a compact between states. The U.S. Constitution sets out what the government can and cannot do, providing a framework for harmony in society.
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The consent of the governed
The social contract theory is a political philosophy that revolves around the idea of an agreement between the people and their government. It asserts that people live together in a society governed by an agreement that establishes moral and political rules of behaviour. This theory is deeply rooted in the belief that individuals have consented, either explicitly or implicitly, to surrender some of their freedoms and submit to the authority of a ruler or the decision of the majority. In return, they expect protection of their remaining rights and the maintenance of social order.
The concept of "consent of the governed" is a fundamental aspect of the social contract theory. This principle asserts that legitimate forms of government derive their authority from the consent of the people they govern. In other words, it implies that the people voluntarily agree to give up certain powers or freedoms to the government in exchange for security, stability, and the protection of their rights. This idea was particularly influential during the American Revolution, as it empowered the people to alter or abolish a government that failed to uphold its end of the social contract.
The "consent of the governed" also highlights the role of the constitution in the social contract. The Constitution of the United States, with its preamble beginning with "We the People of the United States," is viewed by many theorists as an explicit social contract. This perspective suggests that the Constitution is not merely a compact between states but a contract between the American people and their government. The process of ratification, involving 13 state conventions where delegates elected by the people approved the Constitution, further reinforces this interpretation.
The works of philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau have significantly shaped the social contract theory. Hobbes's concept of the "Leviathan" portrays a state formed when individuals renounce their powers to execute the laws of nature and transfer those powers to a sovereign, thereby creating a social contract. Locke, on the other hand, focused on ensuring individuals' natural rights and assigning separate but coordinated powers to the monarch and Parliament. Rousseau's work, "The Social Contract," published in 1762, further explored the idea of a social contract, arguing for a democratic system where every person in a small state voted directly on laws.
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The relation between natural and legal rights
The concept of natural rights is often defined in opposition to legal rights. Natural rights are those that are not dependent on the laws, customs, or beliefs of any particular culture or government, and are therefore universal and inalienable. They are usually defined in opposition to legal rights, which are bestowed onto a person by a given legal system.
Natural rights are closely related to the concept of natural law, which first appeared in ancient Greek philosophy and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers. During the Age of Enlightenment, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government – and thus legal rights – in the form of classical republicanism.
The social contract is an agreement between members of a country to live within a shared system of laws. It is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Social contract arguments typically posit that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler or magistrate (or to the decision of a majority), in exchange for protection of their remaining rights or maintenance of the social order.
The U.S. Constitution is often cited as an explicit example of part of America's social contract. It sets out what the government can and cannot do. The Constitution is also considered a social contract because of its preamble, which begins with the phrase, "We the People of the United States." Some also argue that the document is a social contract between the American people, not a compact between states, since the Constitution was ratified through 13 state conventions (where the people of each state elected delegates to approve the Constitution), not by the state legislatures.
Natural rights are protected by law, such as the right to due process so the natural right of liberty is not taken away frivolously. Legal rights protect natural rights through laws enacted to punish those who interfere with a human being’s right of self-preservation. Judges routinely rely on legal rights to determine the outcome of criminal and civil matters.
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The ideal social contract
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 is a core concept of constitutionalism, though not necessarily written down in a constitution. The social contract theory states that people live together in society in accordance with an agreement that establishes moral and political rules of behaviour.
The social contract theory can be traced back to Socrates, who is said to have implicitly consented to the laws of Athens by living in the city his entire life and thus having a duty of obedience to those laws. The first modern understanding of the social contract theory was formulated by Thomas Hobbes, whose work was built upon by John Locke and Jean-Jacques Rousseau. Locke's view of the social contract theory differed from Hobbes' in that he viewed the hypothetical State of Nature as relatively peaceful, governed by the Laws of Nature, and people consented to the government to acquire and accumulate property. Rousseau's view of the State of Nature was similar to Locke's, and he argued for a new contract wherein every person would collaboratively submit themselves to the general will in a democratic system.
The United States Constitution is often cited as an explicit example of a social contract, with its preamble beginning with "We the People of the United States," indicating that it is a contract between the American people and their government, not a compact between states. The Constitution sets out what the government can and cannot do, and it was influenced by the social contract philosophies of Locke, Hobbes, and Rousseau.
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Frequently asked questions
Social contract theory is a political philosophy about an agreement between the people and their government. It says that people live together in society in accordance with an agreement that establishes moral and political rules of behaviour.
The roots of social contract theory can be traced back to Socrates, who is said to have implicitly consented to the laws of Athens by living in the city his entire life. The first modern understanding of social contract theory was formulated by Thomas Hobbes, with later contributions by philosophers like John Locke and Jean-Jacques Rousseau.
Many social contract theorists view the US Constitution as an explicit social contract. This is due to its preamble, which begins with "We the People of the United States," indicating that the people have consented to surrender some freedoms and submit to the authority in exchange for the protection of their remaining rights.
Social contract theory holds that legitimate forms of government are based on the consent of the governed. This means that individuals have consented, either explicitly or tacitly, to give up certain freedoms in exchange for the protection of their remaining rights or the maintenance of social order.
Social contract theory often addresses the relationship between natural and legal rights. It suggests that by consenting to a social contract, individuals agree to accept the judgments of a common judge or legislature, which may involve renouncing their natural rights in favour of the laws established by the sovereign.
