Social Contract Theory

Social Contract Theory

explores how individuals consent, to form society and establish a government

(explains legitimacy of political authority + origin of moral/legal obligations)

Thomas Hobbs

state of nature: chaotic and violent

purpose: ensure security + order

type: absolute monarchy

John Locke

state of nature: peaceful + insecure

gov purpose: protect life, liberty, property

gov type: limited gov + constitutionalism

Jean - Jacques Rousseau

state of nature: free + equal, corrupted by society

gov purpose: promote will + equality

gov type: direct democracy

Emmanuel Kant

state of nature: Rational Individuals

gov purpose: uphold moral autonomy

gov type: constitutional repuiblic

John Rawls

state of nature: hypothetic fairness

gov purpose: ensure justice + fairness

gov type: social democracy

state of nature

individuals have absolute bodily anatomy + self-determination, but lack security

Civil society

individual surrenders in exchange for protection + stability

Key distinction

Bodily autonomy is retained where it does not directly affect others, but property + public safety become regulated

9th Amendment

protects enumerated rights, implying abroad the scope of individual freedoms

10th Amendment

reserves power is not granted to federal government for states + individuals

Judicial neglect

courts historically underutilize amendments in defending civil rights

Implications of judicial neglect

many rights have been justified through alternative constitutional interpretations

The role of UN

represents an evolving global social contract, but lacks true sovereignty → dependent on member states weakens its enforcement capabilities

areas needing improvement: nuclear proliferation, climate change, human rights

Bodily autonomy

• should be central to legal/political interpretations

• prioritize protecting individual rights over political convenience