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( Social contract)
The term social contract describes a broad class of philosophical theories whose subjects are implied agreements by which people form nations and maintain a social order. Such social contract implies that the people give up some rights to a government and/or other authority in order to receive or jointly preserve social order. Social contract theory provides the rationale behind the historically important notion that legitimate state authority must be derived from the consent of the governed. The starting point for most of these theories is a heuristic examination of the human condition absent from any structured social order, termed the “state of nature” or “natural state”. In this state of being, an individual’s words or action are bound only by his or her conscience. From this common starting point, the various proponents of social contract theory attempt to explain, in different ways, why it is in an individual’s rational self-interest to voluntarily subjugate the freedom of action one has under the natural state (their so called “natural rights”) in order to obtain the benefits provided by the formation of social structures. Common to all of these theories is the notion of a 'sovereign will', to which all members of a society are bound by the social contract to respect. The various theories of social contract that have developed are largely differentiated by their definition of the 'sovereign' will, be it a King (monarchy), a Council (oligarchy) or The Majority (republic or democracy). Under a theory first articulated by Plato in his Socratic dialog Crito, members within a society implicitly agree to the terms of the social contract by their choice to stay within the society. Thus implicit in most forms of social contract is that freedom of movement is a fundamental or natural right which society may not legitimately require an individual to subrogate to the sovereign will. According to Thomas Hobbes and canonical theory, the essence is as follows Without society, we would live in a state of nature, where we each have unlimited natural freedoms. The downside of this general autonomy is that it includes the "right to all things" and thus the freedom to harm all who threaten one's own self-preservation; there are no positive rights, only laws of nature and an endless "war of all against all" (Bellum omnium contra omnes, Hobbes 1651). In other words, anyone in the state of nature can do anything he likes; but this also means that anyone can do anything he likes to anyone else. To avoid this, we jointly agree to a social contract by which we each gain civil rights in return for subjecting ourselves to civil law or to political authority. In Hobbes' formulation, the sovereign power is not a party of the contract but instead the sovereign is its creation; so it is not bound by it.
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