Natural Law, Social Contract, and Hobbes & Locke

Social Contract Theory People give up individual freedom to do whatever they want in exchange for peace and protection Otherwise people would live in a state of nature (Natural Law): every man/woman for themselves “A war of all against all” - Hobbes No developed culture, industry, arts, etc. Constant danger of death and continual fear No law, no right or wrong, nothing is just or unjust No property (there is no “mine or yours”) Everyone has a right to all things needed to preserve one’s life

Hobbes’ View of Human Nature People act out of self-interest Are competitive Use violence for gain Seek to control and dominate are out for glory Are distrustful Are quarrelsome

Hobbes’ What type of social contract? Hobbes says that there is only one way to set up a government: People must give all their power to one man, or one assembly of men. They must reduce their wills to one will.

Hobbes’ View of the leader The leader has the power to do whatever is necessary to secure peace and common defense. He judges what opinions and doctrines can be expressed or published in books. He determines the rules that tell every man what goods he may enjoy and what actions he may do. He has the right of hearing and judging all controversies concerning law.

Hobbes: The Purpose of Government For Hobbes, people settle on government for what main purposes? 1. To preserve their lives and avoid violence 2. To develop industry and culture for an easier life 3. To live comfortably 4. To have security from invasion from foreigners

Locke’s View of Human Nature 1. People can cooperate with others 2. People are not necessarily out for themselves

Locke’s idea of natural rights We are born with certain rights just because we are human No liberty to destroy oneself No authority to destroy another (no one ought to harm another in his life health, liberty, or possessions)

Locke’s Social Contract For a government to work: People must give their consent to the following: Give up natural liberty Accept the bonds of civil society Be subject to the political power of another

Locke: Why would you enter into the social contract? Why would anyone part with the absolute liberty one has in the state of nature? – safety – escape invasion by others – escape a life full of fears – mutual preservation of their lives, liberties, and estates (their property)

Locke: Ideal Type of Government What are the limits on lawmakers? equal protection under the law laws must be for the good of the people taxes only with consent lawmakers can’t transfer away from the people the power to make laws People maintain the right to overthrow a corrupt government