Social Contract Theories

HOBBES - LOCKE - ROSSEAU RAWLS

Social Contract Theory
Political application of natural law theory.
Generally assumes that there are certain things that are true of human
nature/human condition universal
Based on reason in that it is rational that humans desire self preservation and
law are government are required to achieve this we therefore need to surrender
some of our natural freedom. How this is done is rationalised based on human
nature and the state of nature.
It has a moral/higher value in that it is the optimal contract/theory that will
achieve the goal of human flourishing and is base on the idea of consent.
Validates the legitimacy of the legal order (Slightly different from the earlier
theories discussed)
The moral or political obligations of persons are dependant upon a contract or
agreement between them to form society. It is the consent of the person that
legitimises his/her subjection to the laws of a state.


Thomas Hobbes 1588-1679
lived during some of the most tumultuous times in European history
the Reformation and the breakup of the Roman Catholic Church, the close
connection between church and state began to be torn asunder. Deadly religious
wars were fought across the European continent.

Thomas Hobbes was a man who lived with fear. In his autobiography, Hobbes
recounted that on the day of his birth in 1588, his mother learned that the
Spanish Armada had set sail to attack England. This news so terrified Hobbes's
mother that she went into labor prematurely, and thus, writes Hobbes, "fear and I
were born twins together."
During the English Civil Wars in the 1640s, it was clear to Hobbes that
Parliament was going to turn against King Charles I, so he fled to France for
eleven years, terrified that, as a Royalist, he would be persecuted for his support
of the king. Hobbes composed Leviathan while in France, Leviathan's argument
for the necessity of absolute sovereignty emerged in the politically unstable years
after the Civil Wars, and its publication coincided with that of many Republican
treatises seeking to justify the regicide (killing of the king) to the rest of Europe






Human Nature
Humans are above all things self-interested
Pursue what they think is their own individual best interests
Drawn to what they desire and are repelled by what they dislike
Eg caring for small children
We create a sense of obligation in the child who has been helped to survive
rather than die
Humans are more or less equal - even the strongest man can be killed in his
sleep
Humans are rational creatures

State of Nature (hypothetical situation/counterfactual)
There is no government, no natural authority
No power/mechanism to force men to cooperate, fix our entitlements state of
uncertainty (everyone owns nothing and everything at the same time)
Limited resources
Therefore because as noted earlier that humans are rational, self-interested and
equal
We are constantly wary and fearful of one another because we know we are
competing for the same finite resources and we have no way of knowing if others
will attack us for the same resources.
Conflict will very likely break out
"During the time men live without a common power to keep them all in awe, they
are in that condition which is called war; and such a war, as is of every man,
against every man." [Leviathan, pt. 1, ch. 13]

"[In a state of nature]
there is no place for industry, because the fruit thereof is uncertain; and
consequently no culture of the earth, no navigation, nor use of the commodities
that may be imported by sea; no commodious building, no instruments of moving
and removing such things as require much force; no knowledge of the face of the
earth, no accounting of time, no arts, no letters, no society; and which is worst of
all, ontinual fear and danger of violent death; and the life of man, solitary, poor,
nasty, brutish, and short." [Leviathan, pt. 1, ch. 13]

Because the state of nature is so uncertain and dangerous, reason dictates that
there are 2 rational conclusions we can reach regarding how we can avoid the
state of nature laws of nature (do not confuse this with the notion of natural law
you have considered up to this point)
NATURAL LAWS

First Law To seek peace and follow it
Second law That a man be willing when others are so too, as far-forth as for
peace and defence of himself he shall think it necessary, to lay down this right to
all Things, and be contented with so much liberty against other men, as he would
allow other men against himself (Leviathan, xiv.5)

Solution = Contract (man must make promises to each other)
2 levels
1. Everyone must agree to establish a society and give up the rights they have
against each other in the State of Nature
2. They must give someone the authority and power to enforce the contract
create a sovereign (institution, body or person)
Sovereign does not make any promises

Power given to the sovereign
Laws made by sovereign power
Cannot be questioned and must be obeyed Absolute power
No limit to what the sovereign can demand (consider the similarities with
Austins sov)
No true separation of powers
Disagreed with Catholics that divine law can nullify laws made by a sovereign
(Aquinas)
Everyone gives up ALL rights except the sovereign who has the power
Did not believe in democracy egs of historical experience of democracy which
collapsed under the pressure of conflict and uncertainty (consider Syria, Egypt,
Ukraine)
The only right of nature left the right to defend their lives in case of immediate
threat

Is there a limit to the power of the Sovereign?
If government starts to weaken and disorder sets in the duty of obedience no
longer exists social contract is thus breached and the political/legal order
collapses return to a state of war
Remember to Hobbes the worst thing that can happen to a person is violent
death at the hands of others
Does this make turncoats into heroes? We follow whoever has the biggest
guns??

Human Nature - characteristics (True/False)
State of Nature - Based on Human Nature - Unsatisfactory
SOCIAL CONTRACT Promises made to exit State of Nature

Hobbes
Is his theory an improvement on the classical and medieval theories?
Why do you think Hobbes created this form of a social contract theory?
Do you agree with Hobbes view of the nature of man?
Is the social contract theory a good theory?
Is it relevant today?