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In moral and political philosophy, the social contract is an idea, theory or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual.[1] Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution.
Social contract arguments typically are that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order.[2][3] The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from The Social Contract (French: Du contrat social ou Principes du droit politique), a 1762 book by Jean-Jacques Rousseau that discussed this concept. Although the antecedents of social contract theory are found in antiquity, in Greek and Stoic philosophy and Roman and Canon Law, the heyday of the social contract was the mid-17th to early 19th centuries, when it emerged as the leading doctrine of political legitimacy.
The starting point for most social contract theories is an examination of the human condition absent any political order (termed the "state of nature" by Thomas Hobbes).[4] In this condition, individuals' actions are bound only by their personal power and conscience, assuming that 'nature' precludes mutually beneficial social relationships. From this shared starting point, social contract theorists seek to demonstrate why rational individuals would voluntarily consent to give up their natural freedom to obtain the benefits of political order.
Prominent 17th- and 18th-century theorists of the social contract and natural rights included Hugo de Groot (1625), Thomas Hobbes (1651), Samuel von Pufendorf (1673), John Locke (1689), Jean-Jacques Rousseau (1762) and Immanuel Kant (1797), each approaching the concept of political authority differently. Grotius posited that individual humans had natural rights. Thomas Hobbes famously said that in a "state of nature", human life would be "solitary, poor, nasty, brutish and short". In the absence of political order and law, everyone would have unlimited natural freedoms, including the "right to all things" and thus the freedom to plunder, rape and murder; there would be an endless "war of all against all" (bellum omnium contra omnes). To avoid this, free men contract with each other to establish political community (civil society) through a social contract in which they all gain security in return for subjecting themselves to an absolute sovereign, one man or an assembly of men. Though the sovereign's edicts may well be arbitrary and tyrannical, Hobbes saw absolute government as the only alternative to the terrifying anarchy of a state of nature. Hobbes asserted that humans consent to abdicate their rights in favor of the absolute authority of government (whether monarchical or parliamentary).
Alternatively, Locke and Rousseau 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.
The central assertion that social contract theory approaches is that law and political order are not natural, but human creations. The social contract and the political order it creates are simply the means towards an end—the benefit of the individuals involved—and legitimate only to the extent that they fulfill their part of the agreement. Hobbes 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.
- ^ "For the name social contract (or original contract) often covers two different kinds of contract, and, in tracing the evolution of the theory, it is well to distinguish The first] generally involved some theory of the origin of the state. The second form of social contract may be more accurately called the contract of government or the contract of submission... Generally, it has nothing to do with the origins of society, but, presupposing a society already formed, it purports to define the terms on which that society is to be governed: the people have made a contract with their ruler which determines their relations with him. They promise him obedience, while he promises his protection and good government. While he keeps his part of the bargain, they must keep theirs, but if he misgoverns the contract is broken and allegiance is at an end." J. W. Gough, The Social Contract (Oxford: Clarendon Press, 1936), pp. 2–3.
- ^ Celeste Friend. "Social Contract Theory". Internet Encyclopedia of Philosophy. Archived from the original on 18 November 2019. Retrieved 26 December 2019.
- ^ Castiglione, Dario (2015). "Introduction the Logic of Social Cooperation for Mutual Advantage – the Democratic Contract" (PDF). Political Studies Review. 13 (2): 161–175. doi:10.1111/1478-9302.12080. hdl:10871/18609. S2CID 145163352. Archived (PDF) from the original on 2017-09-22. Retrieved 2019-02-03.
- ^ Ross Harrison writes that "Hobbes seems to have invented this useful term." See Ross Harrison, Locke, Hobbs, and Confusion's Masterpiece (Cambridge University Press, 2003), p. 70. The phrase "state of nature" does occur, in Thomas Aquinas's Quaestiones disputatae de Veritate, Question 19, Article 1, Answer 13 Archived 2017-10-19 at the Wayback Machine. However, Aquinas uses it in the context of a discussion of the nature of the soul after death, not in reference to politics.