History of the Social Contract Theory

Overview

• Social contract theory is ancient, discussed by philosophers like Plato and Aristotle, but rejected by them.
• Flourished from the 16th to 18th centuries with many proponents, notably Hobbes, Locke, and Rousseau.

Key Stages of Social Contract Theory

1. State of Nature

   • Early human existence without imposed laws; governed by natural laws.
   • Individuals had natural rights but faced isolation and lack of protection.

2. Social Contract

   • Transition from state of nature to civil society through mutual agreement to establish laws and governance.
   • Individuals give up natural isolation for collective security.

3. Civil Society or State

   • Formation of a governed society with laws to replace natural laws.

Thomas Hobbes

Background

• English philosopher during the English Civil War.
• Advocated for absolute monarchy for peace and order.

State of Nature

• Viewed as selfish, brutal, and characterized by constant conflict: "War of every man against every man."
• Life in the state of nature was "solitary, poor, nasty, brutish, and short."

Social Contract

• Individuals mutually agree to surrender their rights to a sovereign authority for protection and order.
• Sovereign has absolute power, and consent is not revocable.

Criticism of Hobbes' Theory

1. Foundation of Fear
   • Fear cannot solely justify the establishment of the state.
2. Unrealistic View of Human Nature
   • Human beings are not solely selfish and aggressive; they possess social and altruistic tendencies.
3. Unilateral Contract
   • The sovereign is not a party in the contract, making it unjust.
4. Inconsistency in Rights
   • Hobbes contradicts himself by claiming total surrender of rights while allowing for self-preservation.
5. One-Sided Legal Theory
   • Fails to explain when and why rights should be recognized by the state.

John Locke

Background

• Expounded social contract theory in "Two Treatises on Civil Government" (1660) during the Glorious Revolution.

State of Nature

• Described as peaceful, with mutual support and natural rights to life, liberty, and property.
• Inconveniences necessitated the formation of a civil society:
  1. Ambiguity in the law of nature.
  2. Lack of impartial judges.
  3. Absence of common authority.

Social Contract

• Two contracts: one for establishing the state, the second for government.
• Individuals retain some rights; power flows from the consent of the governed.

Theory of Limited Sovereignty

• Legislative power is not arbitrary; it serves the good of the people.
• Right to revolt against government betrayal.

Criticism of Locke's Theory

• Lack of legal sovereignty concept.
• Acknowledges the right to rebellion, which is not always legal.

Jean-Jacques Rousseau

Background

• Swiss philosopher whose work inspired the French Revolution.
• Authored "Discourse on the Origin of Inequality" and "The Social Contract."

State of Nature

• Ideal state of freedom and equality disrupted by population growth and private property.

Social Contract

• Individuals surrender their person and powers to the general will of the community.
• General will aims at common good and is sovereign.

Influence of Rousseau's Theory

• Emphasized popular sovereignty and the idea that true freedom comes from following the general will.
• His ideas influenced democratic movements and practices like referendums in modern states.

Criticism of Rousseau's Theory

1. Absence of Distinction Between State and Society
2. General Will
   • Granting absolute power to the general will may lead to tyranny.

Criticism of the Social Contract Theory

• While historically flawed, it emphasizes that the state is a human institution based on consent, paving the way for modern democracy.
• Refutes divine right of kings and supports the idea of government by consent.