Social Contract Theory

Social Contract Theory People live together in society in accordance with an agreement that establishes moral and political rules of behavior Morality is the set of rules governing behavior that rational people accept, on the condition that others accept them too Social contracts can be explicit, such as laws, or implicit, such as raising one’s hand in class to speak The U.S. Constitution is often cited as an explicit example of part of America’s social contract. It sets out what the government can and cannot do. People who choose to live in America agree to be governed by the moral and political obligations outlined in the Constitution’s social contract

The Mayflower Compact (1620) Discontent between The Pilgrims and others when ship landed near Cape Cod in Massachusetts – no longer under Virginia Company charter Pilgrims realized life without laws could be catastrophic Brief document bound signers into a “civil body politic” with the purpose of forming a government and pledged them to abide by any laws and regulations that would later be established “for the general good of the colony.” With its fundamental principles of self-government and common consent, has been interpreted as an important step in the evolution of democratic government in America

John Locke Second Treatise of Government State of Nature is peaceful Humans inherently understand right and wrong and should be trusted to do the right thing Believed in Natural Rights – Life, Liberty, and Property – influenced Thomas Jefferson while writing the Declaration of Independence Government can only exist with the consent of the governed – if government does not protect its citizens and their property it can be replaced by the people Citizens give up right to seek retribution with expectation that the government will provide justice for crimes committed against us

Natural Rights Rights that are god given Cannot be taken or given away unless one acts outside the law of reason Also referred to as inalienable or unalienable rights

Natural Rights From the Declaration of Independence: We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

Thomas Hobbes Leviathan State of Nature is anarchic Natural state of man is one of fear and violence People are inherently selfish and will do what is necessary to preserve their own life even at the expense of someone else Private property cannot exist without laws to protect ownership Citizens are only permitted to own so long as the State permits it or finds it useful. The State is the real, ultimate owner of everything The many give up freedom in exchange for safety Believed a monarchy was best form of government

Modern Social Contracts What are some examples of modern social contracts in which we give up some freedom in exchange for safety and order? TSA? Traffic Laws? Any other examples?