Rand Paul needs to read the SOCIAL CONTRACT. His crazy father indoctrinated him with his and Any Rands bullshit and should e ashamed of himself, ecept he is too damn dum to realize what he did.
Social contract
This article is about "Social contract" as a political and philosophical concept. For Rousseau's 1762 treatise, see The Social Contract. For other meanings, see Social Contract (disambiguation).
Social contract describes a broad class of theories that try to explain the ways in which people form states to maintain social order. The notion of the social contract implies that the people give up sovereignty to a government or other authority in order to receive or maintain social order through the rule of law. It can also be thought of as an agreement by the governed on a set of rules by which they are governed.
Social contract theory formed a central pillar in 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, usually termed the “state of nature”. In this condition, an individual’s actions are bound only by his or her personal power, constrained by 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 give up the freedom one has in the state of nature in order to obtain the benefits of political order.
Thomas Hobbes (1651), John Locke (1689) and Jean-Jacques Rousseau (1762) are the most famous philosophers of contractarianism. However, they drew quite different conclusions from this starting-point. Hobbes advocated an authoritarian monarchy, Locke advocated a liberal monarchy, while Rousseau advocated liberal republicanism. Their work provided theoretical groundwork of constitutional monarchy, liberal democracy and republicanism. The Social Contract was used in the Declaration of Independence as a sign of enforcing Democracy, and more recently has been revived by thinkers such as John Rawls.
Contents [hide]
1 Overview
1.1 Violations of the contract
2 History
2.1 Classical thought
2.2 Renaissance developments
3 Philosophers
3.1 Hugo Grotius
3.2 Thomas Hobbes's Leviathan (1651)
3.3 John Locke's Second Treatise of Government (1689)
3.4 Jean-Jacques Rousseau's Du contrat social (1762)
3.5 Pierre-Joseph Proudhon's individualist social contract (1851)
3.6 John Rawls' Theory of Justice (1971)
3.7 Philip Pettit's Republicanism (1997)
4 Criticism
4.1 David Hume
4.2 Logic of contracting
4.3 Multiple contracts
4.4 Tacit consent
4.5 Criticisms of natural rights
5 See also
6 References
6.1 Notes
6.2 Other references
7 External links
[edit] Overview
According to Thomas Hobbes, human life would be "nasty, brutish, and short" without political authority. In its absence, we would live in a state of nature, where we each have unlimited natural freedoms, including the "right to all things" and thus the freedom to harm all who threaten our own self-preservation; there would be an endless "war of all against all" (Bellum omnium contra omnes). To avoid this, free men establish political community i.e. civil society through a social contract in which each gain civil rights in return for subjecting himself to civil law or to political authority.
Alternatively, some have argued that we gain civil rights in return for accepting the obligation to respect and defend the rights of others, giving up some freedoms to do so; this alternative formulation of the duty arising from the social contract is often identified with arguments about military service.
[edit] Violations of the contract
The social contract and the civil rights it gives us are neither "natural rights" nor permanently fixed. Rather, the contract itself is the means towards an end — the benefit of all — and (according to some philosophers such as Locke or Rousseau), is only legitimate to the extent that it meets the general interest ("general will" in Rousseau). Therefore, when failings are found in the contract, we renegotiate to change the terms, using methods such as elections and legislature. Locke theorized the right of rebellion in case of the contract leading to tyranny.
Since civil rights come from agreeing to the contract, those who choose to violate their contractual obligations, such as by committing crimes, abdicate their rights, and the rest of society can be expected to protect itself against the actions of such outlaws. To be a member of society is to accept responsibility for following its rules, along with the threat of punishment for violating them. In this way, society works by "mutual coercion, mutually agreed upon" (Hardin 1968).
[edit] History
[edit] Classical thought
Many have argued that Plato's dialog Crito expresses a Greek version of social contract theory. In this dialog, Socrates refuses to escape from jail to avoid being put to death. He argues that since he has willingly remained in Athens all of his life despite opportunities to go elsewhere, he has accepted the social contract i.e. the burden of the local laws, and he cannot violate these laws even when they are against his self-interest.
Epicurus seems to have had a strong sense of social contract, with justice and law being rooted in mutual agreement and advantage, as evidenced by these lines, among others, from his Principal Doctrines:
31. Natural justice is a pledge of reciprocal benefit, to prevent one man from harming or being harmed by another. 32. Those animals which are incapable of making binding agreements with one another not to inflict nor suffer harm are without either justice or injustice; and likewise for those peoples who either could not or would not form binding agreements not to inflict nor suffer harm. 33. There never was such a thing as absolute justice, but only agreements made in mutual dealings among men in whatever places at various times providing against the infliction or suffering of harm. 34. Injustice is not an evil in itself, but only in consequence of the fear which is associated with the apprehension of being discovered by those appointed to punish such actions.
Also see Epicurean ethics
[edit] Renaissance developments
Quentin Skinner has argued that several critical modern innovations in contract theory are found in the writings from French Calvinists and Huguenots, whose work in turn was invoked by writers in the Low Countries who objected to their subjection to Spain and, later still, by Catholics in England.[1] Among these, Francisco Suárez (1548–1617), from the School of Salamanca, might be considered as an early theorist of the social contract, theorizing natural law in an attempt to limit the divine right of absolute monarchy. All of these groups were led to articulate notions of popular sovereignty by means of a social covenant or contract: all of these arguments began with proto-“state of nature” arguments, to the effect that the basis of politics is that everyone is by nature free of subjection to any government.
However, these arguments relied on a corporatist theory found in Roman Law, according to which "a populus" can exist as a distinct legal entity. Therefore these arguments held that a community of people can join a government because they have the capacity to exercise a single will and make decisions with a single voice in the absence of sovereign authority — a notion rejected by Hobbes and later contract theorists.
[edit] Philosophers
[edit] Hugo Grotius
In the early 17th century, Grotius (1583–1645) introduced the modern idea of natural rights of individuals. Grotius says that we each have natural rights which we have in order to preserve ourselves. He uses this idea to try to establish a basis for moral consensus in the face of religious diversity and the rise of natural science and to find a minimal basis for a moral beginning for society, a kind of natural law that everyone could potentially accept. He goes so far as to say even if we were to concede what we cannot concede without the utmost wickedness, that there is no God, these laws would still hold. The idea was considered incendiary, since it suggests that power can ultimately go back to the individuals if the political society that they have set up forfeits the purpose for which it was originally established, which is to preserve themselves. In other words, the people i.e. the individual people, are sovereign. Grotius says that the people are sui juris - under their own jurisdiction. People have rights as human beings but there is a delineation of those rights because of what is possible for everyone to accept morally - everyone has to accept that each person is entitled to try to preserve themselves and therefore they shouldn't try to do harm to others or to interfere with them and they should punish any breach of someone else's rights that arises.
[edit] Thomas Hobbes's Leviathan (1651)
The first modern philosopher to articulate a detailed contract theory was Thomas Hobbes (1588–1679). According to Hobbes, the lives of individuals in the state of nature were "solitary, poor, nasty, brutish and short", a state where self-interest and the absence of rights and contracts prevented the 'social', or society. Life was 'anarchic' (without leadership/ the concept of sovereignty). Individuals in the state of nature were apolitical and asocial. This state of nature is followed by the social contract.
The social contract was an 'occurrence' during which individuals came together and ceded some of their individual rights so that others would cede theirs (e.g. person A gives up his/her right to kill person B if person B does the same). This resulted in the establishment of society, and by extension, the state, a sovereign entity (like the individuals, now under its rule, used to be) which was to protect these new rights which were now to regulate societal interactions. Society was thus no longer anarchic.
But the state system, which grew out of the social contract, was anarchic (without leadership). Just as the individuals in the state of nature had been sovereigns and thus guided by self-interest and the absence of rights, so states now acted in their self-interest in competition with each other. Just like the state of nature, states were thus bound to be in conflict because there was no sovereign over and above the state (i.e. more powerful) capable of imposing social-contract laws. Indeed, Hobbes' work helped to serve as a basis for the realism theories of international relations, advanced by E.H. Carr and Hans Morgenthau.
[edit] John Locke's Second Treatise of Government (1689)
John Locke's conception of the social contract differed from Hobbes' in several ways, but retained the central notion that persons in a state of nature would willingly come together to form a state. Locke believed that individuals in a state of nature would have stronger moral limits on their action than accepted by Hobbes, but recognized that people would still live in fear of one another. Locke argued that individuals would agree to form a state that would provide a "neutral judge", and that could therefore protect the lives, liberty, and property of those who lived within it. While Hobbes argued for near-absolute authority, Locke argued that laws could only be legitimate if they sought to achieve the common good. Locke also believed that people will do the right thing as a group, and that all people have natural rights.
[edit] Jean-Jacques Rousseau's Du contrat social (1762)
Jean-Jacques Rousseau (1712–1778), in his influential 1762 treatise The Social Contract, outlined a different version of social contract theory, based on popular sovereignty. Although Rousseau wrote that the British were perhaps at the time the freest people on earth, he did not approve of their representative government. Rousseau believed that liberty was possible only where there was direct rule by the people as a whole in lawmaking, where popular sovereignty was indivisible and inalienable. Citizens must, in at least some circumstances, be able to choose together the fundamental rules by which they would live, and be able to revise those rules on later occasions if they choose to do so - something the British people as a whole were unable to do.
Rousseau's political theory has some points in common with Locke's individualism, but departs from it in his development of the "luminous conception" (which he credited to Diderot) of the general will. Rousseau argues a citizen can be an egoist and decide that his personal interest should override the collective interest. However, as part of a collective body, the individual citizen puts aside his egoism to create a "general will", which is popular sovereignty itself. Popular sovereignty (i.e., the rule of law), thus decides what is good for society as a whole, and the individual (including the administrative head of state, who could be a monarch) must bow to it, or be forced to bow to it:
[The social contract] can be reduced to the following terms: Each of us puts his person and all his power in common under the supreme direction of the general will; and in a body we receive each member as an indivisible part of the whole.[2]
Rousseau's striking phrase that man must "be forced to be free"[3] should be understood this way: since the indivisible and inalienable popular sovereignty decides what is good for the whole, then if an individual lapses back into his ordinary egoism and breaks the law, he will be forced to listen to what they decided as a member of the collectivity (i.e. as citizens). Thus, the law, inasmuch as it is voted by the people's representatives, is not a limitation of individual freedom, but its expression; and enforcement of law, including criminal law, is not a restriction on individual liberty, as the individual, as a citizen, explicitly agreed to be constrained if, as a private individual, he did not respect his own will as formulated in the general will. Because laws represent the restraints of civil freedom, they represent the leap made from humans in the state of nature into civil society. In this sense, the law is a civilizing force, and therefore Rousseau believed that the laws that govern a people helped to mold their character.
[edit] Pierre-Joseph Proudhon's individualist social contract (1851)
While Rousseau's social contract is based on popular sovereignty and not on individual sovereignty, there are other |
