David Hume (1711–1776)

David Hume and his philosophy

  • Both Hume and Smith were contemporaries of Rousseau; likely knew each other

    • major figures of the Scottish Enlightenment

  • most famous/influential political philosopher of his era; first atheist we’re studying

  • his general view was that most philosophers have done it wrong;

    • defines false philosophy as self-deceptive and unconscious of how it passes off conventional prejudice as the product of autonomous, unencumbered reason

    • e.g. Locke believes he has thought neutrally about humanity and the “natural rights” of all peoples everywhere

      • yet, most societies did not have/desire this private property system

      • Locke is either propagandising what he wants the world to be like, or speaking from prejudice

  • sky-hook argument

  • true philosophy is not ambitious; “philosophical decisions are nothing but the reflections of common life, methodized and corrected”

  • Hume realises his understanding of what morality is, is internal to the society he lives in

    • liberal philosophers want to avoid being unjust

    • but Whiggish philosophers want to avoid the unseemly

Hume’s Major Works

  • Treatise of Human Nature

  • History of England

  • Essays and Treatises on Several Subjects

  • Of the Original Contract

  • +we look at minor work

    • argues the very idea of a social contract is unworkable

Of the Original Contract: Hume rejects Locke’s Property Theory

  • he says that property is determined by rules internal to a convention of justice

    • thus, the convention of property is inseparable from the convention of govt

    • similar to Hobbes who believes the creation of the sovereign creates property

  • Hume criticises the idea of government by consent

    • “We hold these truth to be self-evident…Governments are instituted among Men, deriving their just powers from the consent of the governed.” - US DoI

    • argues it not possible to base the govt on the consent of all the people; a more realistic theory is needed

  • Hume gives both empirical evidence and a priori arguments that no social contract exists

    • he says neither princes nor subjects believe consent is justification for political power;

    • they believe they are bound from birth

      • may seem unrealistic to us because modern govts (including monarchies) do appeal to the consent of the people

      • yet, things were different in Hume’s time; monarchs had legitimacy based on their claim to the royal bloodline

      • difference is social contract theory has been taught and implemented into constitutions over the last 250 years e.g. American DoI

      • social contract theory (whether correct or not) has had very successful PR

  • Hume makes the same mistake as Rousseau;

    • he misunderstands Hobbes’ social contract as binding original settlers and their descendants when it doesn’t

    Empirical arguments social contract does not exist:

    • That the origin of the State is conquest

    • That ppl obey new govts out of fear despite dissatisfaction

      • if there’s a new govt and people are afraid so they obey, this is a good criticism of Hobbes

      • but, if they’re afraid of the chaos that would exist without the govt, this is consistent with Hobbes

    • Even people who think their government is legitimate don't believe their consent is what makes it legitimate

      • not as true now as back then

      • he says the most extensive democracy in history in Athens had the consent of around 10% of its people (to his knowledge)

      • modern democracies have the consent of at least the majority

    • he says presence does not imply tacit consent

      • Socrates argued this explicitly in Crito; since he stayed, he had to follow the laws

      • Locke alludes to this;

      • Hume says leaving the country is not easy enough to make staying an implication of consent

      • argued that when people leave the country as colonists, their govt usually follows them e.g. English settlers in American colonies

    • he says people who do give express consent are the people whose loyalty is most suspect

      • in reference to immigrants who go through the naturalisation process;

      • they expressly consent to live under that govt but are always suspected of disloyalty in times of conflict, war, recession etc.

A priori arguments that

  • contractarian; someone who uses social contract theory

    • their argument is that we are under obligation to obey no law except that which we have consented

    • Hume counters saying if we are under no obligation, why are we bound to observe our promises

    • e.g. with Hobbes why is following a contract a natural responsibility but not killing other isn’t

  • another mistaken criticism he makes is;

    • the existence of an enforceable contract presupposes the existence of a sovereign

    • but, Hobbes is very aware of that;

    • when you bring sovereignty into existence, the social contract appears together at the same time

  • he says that moral reasoning must be suspect if it leads to opinion so wide of the general practice of mankind;

    • e.g. humanity, for most of its history, had no thought of a social contract justifying government until Hobbes’ theory became popularised

What justifies duty to obey the government?

  • Hobbes says because we should keep our word; we signed a contract

  • Hume responds “I readily answer, because society could not otherwise exist.”

    • he says we need government; consent has nothing to do with it

Social Contract theory

Hume’s theory

·      Alternative to the state (i.e. the SoN) is bad

·      Need the state to make it better

·      Necessity implies consent

·      Consent justifies the state

·      Alternative to the state (unnamed) is bad

·      Need the state to make it better

·       

·      Necessity justifies the state w/o consent

Immanuel Kant on social contract theory

  • we cannot ever have 100% agreement for the govt; it is unrealistic, sometimes we get 51%

    • but social contract theory promises/ assumes 100%

  • Kant held that every rational being had both an innate right to freedom and a duty to enter a civil condition governed by the social contract in order to realize and preserve that freedom

  • Kant says because the state of nature is bad for you and everyone else, you have a duty to try to get out of it and form a state

    • therefore we don't need the literal consent of everyone because we have the aspect of duty;

    • the state needs to be good enough that any reasonable, well-informed, rational individual would consent

    • treat the unreasonable as signatories

    • this Kantian view has dominated social contract theory ever since

  • A Kantian interpretation of Socrates

    • the state protects you and fosters your life

    • any reasonable person who accepts those benefits can see they owe the state their allegiance as if they made a contract

      • you don't have to obey if it asks you to disobey your God

      • but if you can't convince the state to accept what you do, you have to accept its punishments

  • A Kantian interpretation of Hobbes

    • without the state, there would be great violence and suffering;

      • so we’re all safer with the state

    • therefore; a rational, reasonable, well-informed person would consent to almost any state that protects them

    • thus; we can assume that almost any state has the consent of all reasonable citizens (and the better, more reasonable parts of the unreasonable)

  • A Kantian interpretation of Locke

    • without the state, you would have to protect your rights yourself

      • this would inevitably cause some inconveniences, conflicts, or poverty

    • therefore a rational, reasonable person would consent to a state that protects people's rights better than they could themselves in the SoN

      • but, reasonable people would not consent to a state that does not protect their rights better than they could on their own in the SoN

    • thus, there is a right to rebel, but only if enough reasonable people think the state is being unreasonable

  • A Kantian interpretation of Rousseau

    • a true SoN with no society may have never existed;

      • if it did, it would not be naturally free;

      • it would lack the possibilities of civilisation to get the benefits of society without sacrificing freedom of the hypothetical SoN

    • we need to make the people sovereign at all times;

    • that will substitute natural freedom giving all people a different kind of freedom

      • but still make them as free as before