Social_Contract_Theory

The social contract theory "is the view that persons' moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live" (Friend, 2004). In other words a social contract is an explicit agreement of what the obligations are. It is about achieving balance between the governing and the governed. People agree to take care of each other. "The notion of the social contract is that individuals unite into a society by a process of mutual consent, agreeing to abide by certain rules and to accept duties to protect one another from violence, fraud, or negligence" (Britannica, 2011). Basically, citizens give up sovereignty to government to maintain social order. Thomas Hobbs, John Locke, and Jean-Jacques Rousseau are three philosophers that differed in their perceptions, or beliefs, in the social contract theory. Hobbes expressed belief was that human beings sole motivation was derived from their self-interest. His belief that is each man for himself and this is especially true if there were no established authority. This view is still prominent today. Tranquility was the basis of concern for Hobbs. He focused on the harmonious interactions of humans. He brought to light issues of concerns that are still prominent such as man’s authority being questioned by some and not being accepted by all. Hobbs also highlighted the concern of social and political inequality. In addition, he felt as though we live in a world in which religious teachings and their teachers may be questioned or argued against. John Locke was especially known for his liberal theory. He did not believe in or support the states authority. Locke believed in his empirical theory of knowledge; knowledge is power. He also believed in the toleration of religions and individuality. It was Locke who believed one need not have to conform to the standards or opinions of others. He believed in people’s individuality and that it should be the nature of people to support one another. Locke felt people have natural, or birth rights; such as the rights to life, liberty, and property. Locke did not believe that scripture or reasoning supported the Kings’ power or authority. He reached a conclusion from his personal belief that we do not need forms of governmental control. Locke believed that in creating social contracts with others there would be political obligations and personal property established. In following this belief, the powers of government become limited. This is how reasoning places limits on the proper use of power by government authorities. John-Jacques Rousseau contended that people of today are like they are, simply due to the events that have occurred throughout history. This causes corruption among them and in the end Rousseau maintained the belief humans are good by nature but were corrupted by the complex historical events that resulted in present day civil society. This was stressed throughout his later works in regard to philosophy of education and the social contract theory. Prior to Rousseau, the two most famous accounts of the state of nature were those belonging to Hobbes and Locke. Both their beliefs stressed self-interest. “According to Rousseau, the State of Nature was a peaceful and quixotic time. People lived solitary, uncomplicated lives. Their few needs were easily satisfied by nature. Because of the abundance of nature and the small size of the population, competition was non-existent, and persons rarely even saw one another, much less had reason for conflict or fear. Moreover, these simple, morally pure persons were naturally endowed with the capacity for pity, and therefore were not inclined to bring harm to one another” (Friend, 2004). However, as time passed, society changed. Due to increased population, the members of society increased their means by which they could meet their needs. The distance and space between humans slowly diminished. People slowly began to live together in small families, and in small communities. Divisions of labor were introduced, and discoveries and inventions made life easier. The distribution of the workload occurred and this enabled people to have more leisure time. An idle mind is the Devils’ workshop. This increase in leisure time afforded people the opportunity to compare themselves to others. For some, the comparisons potentially led to shame, pride, envy, and contempt. It was during this same period that came the most important concept; that of private property. This new idea planted the seeds of greed, competition, vanity, inequality, and vice; according to Rousseau. These same seeds are the root of today’s problems. “For Rousseau the invention of property constitutes humanity’s ‘fall from grace’ out of the State of Nature” (Friend, 2004). The introduction of the private property concept highlighted the conditions of inequality. This new concept bestowed property to some but not all. The persons without property were forced to work for those with property. This began to the development of social classes; those “with” and those “without”. Those with the property soon realized that they had something that others may desire and worried that the people without could use force to obtain what they wanted. This new thought led to the establishment of a form of government that would protect private property from those who do not have it. The new government gets established and claims it would ensure protection for all. However, its actions were different from its words. The contract, which claims to be in the interests of everyone equally, is really in the interests of the few who have become stronger and richer as a result of the developments of private property. This is the naturalized social contract, which Rousseau views as responsible for the conflict and competition from which modern society suffers (Friend, 2004). In the social contract, Rousseau addressed the manner in which society has diminished. It was intended to rectify the sickness suffered by society. Rousseau highlighted the differences between history and justification, between mankind’s’ reality and what should be the ultimate goal. He did not desire to ignore history or the problems faced by its people; he stressed resolution by choice of lifestyle. He acknowledged that one cannot change the past. It is compared to shooting a gun. Once the trigger has been pulled, one cannot stop the bullet. It is at that moment one must deal with the damage. “The Founding Fathers understood the political and social theories of European philosophers. They agreed with the Social Contract Theory. People accept restrictions placed upon their social and civic rights and in return for a government that will benefit all of society. The Americans decided that their government should be more responsible to the people. The government would enforce restrictions but only for the benefit of all the citizens. A good example is the Bill of Rights that was added to the Constitution. The people are willing to have certain rights restricted as long as there is protection for their basic civil and human rights. Under the Social Contract Theory, if the government fails to protect the rights, then the people have the right to create a new government to take the place of the monarchy. The result was the creation of a federal system of government, outlined by the Constitution” (Mr. V., 2005). The Preamble to the Constitution is The Bill of Rights. This is the very definition of our justice system as it is today. The Amendments as they are known ensure citizens are treated fairly, without prejudice, and were not abused by government. These amendments still play a huge role in the criminal justice system as we know it today. The First Amendment is the establishment clause, free exercise clause; freedom of speech, press, and assembly; and right to petition. It relates to the justice system in that it allows citizens to speak freely, choose their religion, and have the freedom to assemble peacefully without the fear of arrest. The Second Amendment is the right to bear arms. This amendment is necessary today to allow citizens to have weapons to protect themselves and their property. Third Amendment states Protection from quartering of troops. This amendment forbids government from invading ones household and taking it over to house soldiers without the permission of the owner. The Fourth Amendment is the Protection from unreasonable search and seizure. This is colossal in the criminal justice system. It prevents government or its representatives from searching persons for no reason. It protects the citizen and his belongings, thus allowing privacy for the people. It maintains that warrants must be issued by a judge and must be specific regarding the place of search, what is being sought and the persons or things to be seized. Fifth Amendment discusses due process, double jeopardy, self-incrimination, and eminent domain. Again, this is another enormous amendment in the criminal justice field. It ensures persons cannot be held for a crime unless on a presentment or indictment of a Grand Jury; nor shall any person go to trial more than once for the same offense; nor is any citizen required to testify against himself; be deprived of life, liberty, or property, without due process of law; and finally private property cannot be taken for public use, without just compensation. Sixth Amendment grants citizens a trial by jury and rights of the accused; confrontation clause, speedy trial, public trial, and the right to counsel. In regard to the criminal justice system, this amendment affords the accused the right to a trial in a timely manner, in public, by an impartial jury of his peers, in the area of which the crime is alleged, and to face his accusers. It also affords the accused legal representation. The Seventh Amendment is the civil trial by jury. A jury trial is allowed in any case that involves issues between citizens that are non-criminal in nature (in excess of $20.00). The preponderance of evidence is the standard in which the jury can determine guilt. As opposed to “beyond a reasonable doubt” which is used in criminal cases. The threshold is much lower in a civil case. The Eighth Amendment prohibits excessive bail and cruel and unusual punishment. This guarantees the accused a fair bail amount in accordance with the crime committed and the right to be treated humanely. It is also a reminder to law enforcement officials that if abused, they are subject to being held accountable under this amendment. The Ninth Amendment is the protection of rights not specifically enumerated in The Constitution. Basically this states that the details of The Constitution are not to be denied to the citizens. The Tenth Amendment gives powers of the states and to the people. As long as the guidelines are within the Constitution, the states and the people have input to laws of the state. The people have the ultimate say through representation of elected officials. It is evident that the Bill of Rights plays a huge role in the criminal justice system and how it functions. It regulates how accused are treated and how citizens have the final say regarding those laws. It gives the power to the people. These basic freedoms allow for such things as the preamble to the Constitution; life, liberty, and the pursuit of happiness. It does not allow for such freedoms that would compromise the welfare and safety of any person or persons. In closing, The Constitution is a social contract theory. Our laws are based on The Constitution, thus our justice system is based on a social contract theory. The Constitution lays out the framework for which we conduct ourselves; it creates the Legislative, Executive, and Judicial branches of government. From The Constitution we adopt legal codes, incorporate counties, cities and towns that create the laws that must be enforced. Those laws that are enacted are enforced by the sworn officers and appointed deputies of that jurisdiction. The U.S. Justice System continues to be directly affected by The Social Contract Theory; which can change at any time. Our existence is based on protecting one another. Without a social contract theory, we would live in a world of chaos and dishevel. References Wikipedia, 2010, definition of “Bill of Rights”, imported from www.wikipedia.com. V, Mr., 2005, Answer “Did the Social Contract Theory help shape the American governmental system'”, imported from www.answers.com. Friend, Celeste, October 15, 2004, Internet Encyclopedia of Philosophy, imported from www.iep.utm.edu. Social contract, (2011), In Encyclopedia Britannica, imported from www.britannica.com. Souryal, S. S. (2007). Ethics in criminal justice: In search of the truth (4th ed.). Cincinnati, OH: Anderson Pub./LexisNexis.