Social Contract theory

1.Introduction

Social contract theory, nearly as old as philosophy itself, 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. It is originated by Socrates.

2.Meaning/Definition

According to Black’s Law Dictionary

“The express or implied agreement between citizen and their government by which individuals agree to surrender certain freedoms in exchange for mutual protection; an agreement forming the foundation of a political society”.

According to Merriam Webster Dictionary

“An actual agreement among the members of an organized society or between a community and its ruler that defines and limits the rights and duties of each”.

3.Main Exponents of theory

Socrates, Hobbes, John Locke, Jean-Jacques, Rousseau and Grotius are main exponents of this theory.

4.Key points

There is always a contract between citizen and  state.

Moral and political obligations are dependent upon contract between state and citizen

Every one is equal in the society no one is invested with the special authority to rule. Contract is the basis of authority to rule over the others.

5.Concept of this theory in Pakistan

This theory has been incorporated in article 4 and 5 of the constitution of Pakistan 

Article 4 deals with “rights of individuals to be dealt in accordance with law”.

Article 5 states that “ Loyalty and obedience with pakisatan and constitution is the basis duty of every citizen of Pakistan.

6.Main characteristic/features

(i)Free and independent individual

According to this theory the people of a particular territory or state or country should be free and independent.

(b) peace and security 

People are living in a particular territory in a state of nature felt the necessity of peace and security. They are not any kinds of danger, threat to their lives, property.

( c) Entered into Agreement

The people, therefore, entered into a general agreement to form themselves into community.

(d) obey the government

The people were to obey the government for the protection of their natural rights.

7.Thomas Hobbes contribution to Social Contract theory

According to him all men are by nature equal in power: he said that man moved to live in civilized society due to three main desires.

Desire of safety

Desire of gain 

Desire of Glory

Desire of gain leads to the violence. Naturally under these circumstances the state of nature was a state of war. Thus, the state of nature was of extreme insecurity, war with others and entire state of nature was pre-civil, pre-political and pre-social thus, men’s position in pre-social was not social, he or she grab more and more they were all selfish and full of fear. Hence, there was no peace therefore the condition of man was bad. So eventually according to Hobbes this horrible situation created by state of nature compelled men to form a social contract. Thus the state of nature was ended by the people by entering into an agreement. And everyone surrender all his natural rights to a sovereign authority.

8.View of John Locke on Theory of social contract

John Locke theory of Social Contract is different than that of Hobbes. According to him, man lived in the State of Nature, but his concept of the State of Nature is different as contemplated by Hobbesian theory. Locke’s view about the state of nature is not as miserable as that of Hobbes. It was reasonably good and enjoyable. He considered State of Nature as a “Golden Age”. In that state of nature, men had all the rights which nature could give them. He was free from the interference of others. All were equal and independent but the property was not secure.

According to Locke human for the protection of their property right enter into a contract and surrender their rights to a sovereign authority.

9.Criticism by different jurist

The theory attributes to the primitive man the political notions of the present day which is anachronistic.

(i)According to Austin

The theory is historically false as there is no proof of such an original agreement

(ii)According to Sir Maine

Observes that theory as violent anachronism.

(iii)According to prof. Garner

he also rejects the theory on the ground of philosophy and reason.