CHAPTER ONE
GENERAL IDEA OF A SOCIAL
CONTRACT
The social
contract theory, nearly as old as philosophy itself, is the view that person’s
moral or political obligations are dependent upon a contract or agreement
between them to form a society.1 On the
mention of the term contract, then, what comes to mind immediately is
agreement. The New Webster Dictionary of the English Language defined the term
‘contract’ as “an agreement or a covenant”.2
On the other hand, Oxford Dictionary of Philosophy defines social contract as a
basis for legitimate legal and political power in the idea of a contract.
Contracts are things that create obligation.”3
Hence, if we can view society as organized, i.e., a situation where a contract
had been formed between the citizen and the sovereign power, this would
necessarily ground the obligation of each to the other. The idea is one of a
contract between citizens as a result of which power is vested in government.
Traditionally, the term has been used in arguments that attempt to explain the
nature of political obligation and or the kind of responsibility that rulers
have to their subjects.4
Philosophers such as Plato, Hobbes, Locke, Rousseau and Kant, had a varied but
similar positions that life in a prepolitical “state of nature” would be very
difficult such that it would lead them to agree either with one another or with
a prospective ruler, which eventually leads to the creation of political
institutions. Such individuals believe that such a creation would necessarily
improve their lot.
Despite the
fact that many of the social contract theorists admit that there is almost
never an explicit act of agreement in a community; however, they maintain that
such an agreement is implicitly made when members of the society engage in
certain acts through which they give their explicit consent to the ruling
regime. Now, how do we definitely understand the terms of a social contract,
which establishes a state? Are we to judge it as when the people agree to obey
the ruler? Do they surrender their power to him as Hobbes would have us
believe? Or do they lend him that power, reserving the right to take it from
him, if and when they see fit, as Locke maintained? What really are the terms
of a social contract posited by its theorists? It is worthy of note to state
that amidst controversies surrounding their interpretation:
Social
contract arguments have been important to the development of modern democratic
states: the idea of the government as the creation of the people, which they
have right to overthrow, if they find it wanting, contributed to the
development of democratic forms of polity in the 18th and 19th
Centuries.5
In this
chapter, we shall critically, but in a lighter form, expose the idea of some
major theorists on social contract, excluding Hobbes who we shall, later in
this work, critically examine his detailed approach on the idea.
1.1 MAJOR PROPONENTS OF THE IDEA
The idea of
a social contract could be traced back to the time of Socrates. Plato and
Aristotle, on the other hand, represented their individual views on a social
contract. However, these views came to be modified and moreso, the Hobbessian
contract marked a turning point in some respect, a genuine innovation in
history of political philosophy. Let us now briefly run through the ideas of
some major proponents of a social contract.
1.2 SOCRATES’ ARGUMENT
Socrates
here was so much indebted to the laws of Athens. He personified these laws and
appreciated so much the privilege, which the law granted him, especially for his
existence. For him, it was the law that made his father and mother to marry
each other and beget him. It is believed that there is no force or coercion
between the laws and the citizens. One willingly chooses to be part and parcel
of the city, thereby accepting the codes of the laws. The citizens on growing
and “once they see how the city conducts itself, can choose whether to leave,
taking their property with them, or stay.”6
According to Socrates, “staying implies an agreement to abide by the laws and accept
the punishment that they met out.”7 Herein
lies the terms of the contract. For one to stay in such a society means that
the individual accepts the terms laid down by the laws. This invariably hooks
the person in a mutual contract with the state and the ruling authorities. The
contract described by Socrates is an implicit one. It is implied by his choice
to stay in Athens, even though he is free to leave.
1.3 PLATO’S IDEA
Plato, in
his Republic, and representing his thoughts in Glaucon, noted that each man
thought it good to inflict injustice upon others and had to suffer injustice at
the hands of others. For him, all men behave in like manner. This means that it
is in the nature of man to inflict injustice upon the other. This is because
man sees injustice as something good and then works towards inflicting
injustice upon the other.
However,
“in due course, men came to consider the resulting state of affairs intolerable
and proceeded to agree to covenants and laws that obliged them to behave less
rapaciously.”8 This is the view of
Plato as represented by Glaucon in the book II of Plato’s Republic. Going
further, Plato noted that men accept such laws because it is in their interest
to do so. By the very fact of the acceptance of the terms of that agreement,
men have entered into a social contract. Plato notes that this is the origin of
justice, which is merely what agreed-upon laws command. He further stressed
self-interest as the central motivating factor in political behaviour. This
invariably leads to the formation of a new society.
1.4 JOHN LOCKE’S IDEA
The English
Empiricist and moral and political philosopher, John Locke (1632-1704), is
renowned for his political thought and especially his social contract theory.
Locke’s “state of nature” was meant to be harmonious and peaceful. Men are
bound to preserve peace, mankind and even avoid hurting the other. The well
keeping and execution of the law of nature is meant for every member of the
society. The actual violation of this law by the individual in the society
leads to an eventual state of war between the person and others. The power of a
man against the other is neither absolute nor arbitrary and must be
proportionally restrained. According to James Gordon Clapp, in the Encyclopedia
of Philosophy, “the state of nature was for Locke, a society of men, as
distinct from a state of government, or a political society.”9 Before his view, however, on the state
of nature, Locke had analysed property to be prior even to society. He then
proceeded to derive society from the consent of its members. According to
George Sabine and Thomas Thorson, Locke defined civil power as:
The right of making laws
with penalties … for the regulating and preserving of property, and of
employing force of community in the execution of such laws… all this only for
the public good.10
We must
remark here, that such a power would only be arrived at when there is consent,
and though it may be tacitly given, it must be the consent of each individual
for himself. This is a natural entitlement. It is the very fact of the
existence of certain inconveniences in a state of nature, such as men’s
partiality and inclination of some men to violate the rights of others.11 This is Locke’s view of man in the
state of nature. To escape these ‘inconveniencies’, Locke notes that men now
consent to a civil government. Thus, it is by common consent that men form a
social contract and create a single body politic. The aim of the contract “is
to preserve the lives, freedom and property of all, as they belong to each
under natural law.”12 This
is the basis of the state. The general reason for its establishment is for the
protection of the lives and property of the individuals in the state.
1.5 THE SOCIAL CONTRACT ACCORDING TO JEAN
JACQUES
ROUSSEAU:
Rousseau
(1712-1778) developed increasingly deeper and more sophisticated ideas about
the origin and nature of the condition of man in the society and what ought to
be done to ameliorate this condition. Rousseau regrettably announced that
increasing scientific knowledge and refinement of arts and letters, instead of
leading to a peaceful and harmonious society, was in fact, the bane of the
civilized society. He notes that such sophistication is the offshoot of luxury
and idleness and has developed to feed people’s vanity and desire for
ostentatious and aggressive self-display. N. J. Dent, in his commentary on
Rousseau remarks that:
Rousseau allows for the fact
that there are a few people of genius who genuinely enrich humanity by their
ideas. But the majority are not improved but harmed, by exposure to the higher
learning.13
In his
work, “Discourse on the Origin and Foundation of Inequality”, Rousseau gives an
account of the fall of humankind. For him, natural man, left alone in his
natural environment is self-sufficient. In this state, man is peaceable. Later
on, increase in population forces people to live together. Jealousy and envy
became the order of the day as “men come to demand esteem and deference.”14 This leads men to compete for
precedence, which makes life to be tainted by aggression and spite.
Lack of
individual self-sufficiency, Rousseau argues, requires the individual to
associate together in the society. He however does not support a condition of
enslavement as the price of survival for those who embark on this contract.
Freedom is seen as an essential human need and the mark of humanity. Rousseau
holds that freedom and association can only be combined if all the persons of
the association make up the sovereign body for that association. In other
words, in this contract, there ought to be a mutual consent, freedom and choice
made by the individuals as they submit their general will to be ruled by an
established authority. Rousseau, however, made it clear that the terms of the
contract holds that governmental function must be thoroughly subordinate to the
sovereign judgement of the people. Generally, Rousseau’s idea of social
contract depicts the union of free and equal men who devise laws under which
they shall now proceed to live their lives as citizens of a state.
This now
brings us to where our beam light heads: Hobbes’ idea of social contract.
Before then, let us first of all see what really lead Hobbes to posit his idea
of social contract.
1 Social Contract Theory, The Internet Encyclopedia of Philosophy,
2005.
2 The New Webster Dictionary of English Language, (New York:
Lexicon Publishers Inc. 1995), p.212
3 Simon Blackburn, Oxford Dictionary of Philosophy, (London:
Oxford University Press, Inc. 1996), p.354
4 The Cambridge Dictionary of Philosophy, ed, Robert Audi
(USA: Cambridge University Press, 1999)
p.855
6 Hobbes, Social Contract Theory, Internet Encyclopedia of
Philosophy.
8 W. Kendall, Social Contract, Internet Encyclopedia of the Social
Sciences, ed, David Sills. (USA: Crowell
Collier and McMillan Inc, 1968), p. 378
9 G. J. Capp, Encyclopedia of
Philosophy, vol. 3 and 4 (London and New York: Macmillan Publ, co.,
and the Free Press,
1967), p.499.
10 G. Sabine and T. Thorson, A
History of Political Theory, (USA: Harcourt Brace Jovanovich Publishers,
1973), p.490
12 G. J. Clapp, Op. Cit. p. 499
13 N. J. Dent, Jean Jacques Rousseau, Routledge Encyclopedia of
Philosophy, ed, Edward Craig. Vol. 8
(England: T. J International Ltd, Padstow, Cornwall, 1998), p.370