Social Contract
Social Contract
Social Contract
State of nature War of everyone against State of peace, good Blissfulness, Equal, self
everyone will, mutual assistance sufficient
Natural rights Natural power to Right to life, liberty, Natural liberty to fulfill all
oppress others property needs from the natural world
as long as there is natural
abundance
Purpose of the social Powerful sovereign Govt. to protect natural When scarcity situation arises.
contract rights and punish the
offender
Issue Hobbes Locke Rousseau
Nature of sovereignty Supreme and Limited sovereignty Indivisible, based on general will
absolute
Relevant political No scope for right to People’s right to Right to resistance is not necessary
theory resistance revolution conceded
THOMAS HOBBES
• Thomas Hobbes theory of Social Contract appeared for the first
time in Leviathan published in the year 1651 during the Civil War
in Britain.
• Thomas Hobbes, legal theory is based on Social contract.
• According to him, prior to Social Contract, man lived in the State
of Nature.
• Man’s life in the State of nature was one of fear and selfishness.
Man lived in chaotic condition of constant fear. Life in the State of
Nature was solitary, poor, nasty, brutish, and short.
• Man has a natural desire for security and order. In order to secure self
protection and self-preservation, and to avoid misery and pain, man
entered into a contract. This idea of self-preservation and self-protection
are inherent in man’s nature and in order to achieve this, they voluntarily
surrendered all their rights and freedoms to some authority by this contract
who must command obedience.
• As a result of this contract, the mightiest authority is to protect and
preserve their lives and property.
• This led to the emergence of the institution of the ruler or monarch, who
shall be the absolute head.
• Subjects had no rights against the absolute authority or the sovereign and
he is to be obeyed in all situations however bad or unworthy he might be.
• However, Hobbes placed moral obligations on the sovereign who shall be
bound by natural law.
• Hence, it can be deduced that, Hobbes was the supporter of absolutism. In the opinion
of Hobbes, law is dependent upon the sanction of the sovereign and the Government
without sword are but words and of no strength to secure a man at all ╊. He therefore,
reiterated that civil law is the real law because it is commanded and enforced by the
sovereign. Thus, he upheld the principle of Might is always Right.
• Hobbes thus infers from his mechanistic theory of human nature that humans are
necessarily and exclusively self-interested. All men pursue only what they perceive to
be in their own individually considered best interests.
• They respond mechanistically by being drawn to that which they desire and repelled
by that to which they are averse.
• In addition to being exclusively self-interested, Hobbes also argues that human beings
are reasonable. They have in them the rational capacity to pursue their desires as
efficiently and maximally as possible.
• From these premises of human nature, Hobbes goes on to construct a provocative
and compelling argument for which they ought to be willing to submit themselves to
political authority. He did this by imagining persons in a situation prior to the
establishment of society, the State of Nature.
Hobbes impels subjects to surrender all their rights and vest all
liberties in the sovereign for preservation of peace, life and prosperity
of the subjects. It is in this way the natural law became a moral guide
or directive to the sovereign for preservation of the natural rights of
the subjects.
For Hobbes all law is dependent upon the sanction of the sovereign.
All real law is civil law, the law commanded and enforced by the
sovereign and are brought into the world for nothing else but to limit
the natural liberty of particular men, in such a manner, as they might
not hurt but to assist one another and join together against a common
enemy.
He advocated for an established order. Hence, Individualism,
materialism, utilitarianism and absolutions are inter-woven in the
theory of Hobbes.