Overview of Law and the Social Contract

Social Contract

An agreement among individuals to form a society and accept certain rules for the sake of social order.

Thomas Hobbes

Philosopher who believed that in a state of nature, humans acted out of self-interest and needed a social contract for peace.

John Locke

Philosopher who proposed a more optimistic view of human nature, asserting that rationality exists and rules must be impartial.

John Rawls

Philosopher who introduced the concept of a 'veil of ignorance' in the social contract, stressing fairness in forming a just society.

Ubuntu

An African philosophy reflecting the belief in a universal bond and communal relationships, distinguishing it from individualistic social contract theories.

Rule of Law

The principle that all individuals and institutions are subject to the law, ensuring order and accountability in society.

Natural Law

A theory positing that law is based on moral principles and human nature, often contrasted with positive law created by government.

Secular Law

A legal system where laws are made without any connection to religious doctrines, emphasizing religious freedom.

Community Mores

Shared norms and values that reflect the beliefs of a particular community, influencing both law and individual behavior.

Case Law

Law established through the outcomes of court cases, which sets precedents for future legal interpretations.

Individual Morality

A personal sense of right and wrong that may or may not align with the law, leading to conflicts in legal cases.

Constitutional Supremacy

The principle that the constitution is the highest law of the land, guiding all legal interpretations and legislation.

Legal Precedent

A legal decision that serves as an authoritative rule or pattern in future similar cases.

Human Rights

Basic rights and freedoms that are guaranteed to all individuals, often protected by law.

Corporal Punishment

Physical punishment intended to cause some degree of pain or discomfort, often debated in legal contexts.

Reformative