Study Document
Bill of Rights and the Criminal Justice System: Social Contract Theory Essay
Pages:3 (1093 words)
Sources:3
Document Type:Essay
Document:#71291526
Social Contract Theory
The social contract model is based on the underlying premise that society, in pursuit of the protection of people's lives and property, enters into a compact agreement with the government - where the latter guarantees the society protection, and the society in turn pledge to live in peace and harmony (Dooley & Paten, 2014). John Locke and Thomas Hobbes, the two main proponents of the social contract model, agree on this premise but differ significantly in regard to the principles under which the contract ought to operate (Dooley & Paten, 2014).
Hobbes' versus Locke's View
Through his political work Leviathan, Hobbes states that the government and the society both exist within the confines of the stipulated contractual agreement, but the former is the higher one of the two parties, and enjoys absolute sovereignty to use its power and political right to ensure that general order prevails in the society. In Hobbes' view, therefore, the society can only follow the government's regulations/conditions in goodwill and full compliance. Towards this end, as long as the government is able to maintain general order, the society reserves no right to replace or overthrow it, even if it (the government) has proven to be weak in other areas of governance.
Locke's view, on the other hand, expresses that the social contract binds both parties, but i) the society is only bound to follow the authority's regulations as long as the authority sticks to the basic confines of the agreement; and ii) the society reserves the right to replace or overthrow the government if it repeatedly violates the contract's basic guidelines. Although Locke's view has been widely-accepted, it has one major drawback; it is difficult to give a definite meaning of what exactly constitutes a contractual violation.
Principles of Locke's Theory
Freedom: Locke's aspect of freedom is embedded in his concept of the State of Nature -- a state of preservation, mutual assistance, goodwill, and peace, in which all had the right to enjoy the pleasures of nature (Elahi, 2014). Towards this end, mankind had the liberty to conduct his life in any way he deemed fit, free from interference. The state of nature had no ruling authority or law-enforcement agencies to ensure that law and order were maintained; people were free to pursue their endeavors, but still there was an element of morality.
The Principle of Fairness: Locke identifies the protection of society's property as the core function of government. Private property is governed by the Law of Nature which puts limits on the amount of property one can own, and prevents some from owning too much at the expense of others (Elahi, 2014). In this regard, despite the fact that nature endows humankind with an array of resources for his own subsistence use, no one is allowed to own more than their fair share. Individuals act ethically at all times, ensuring that they do not interfere with the rights and privileges of others in the enjoyment of their own rights.
Justice: In Locke's view, property in the State of Nature was insecure because of the absence of i) natural power for the enforcement of natural law; ii) an impartial judge; and iii) established law (Elahi, 2014). Locke saw the need to create these through the creation of…
Sample Source(s) Used
References
Constitution Society. (2007). The Social Contract and Constitutional Republics. Constitution Society. Retrieved 17 September 2014 from http://www.constitution.org/soclcont.htm
Dooley, K. & Paten, J. (2014). Why Politics Matters: An Introduction to Political Science. Stamford, CT: Cengage Learning.
Elahi, M. (2014). Social Contract Theory by Hobbes, Locke, and Rousseau. Academia. Retrieved 18 September 2014 from http://www.academia.edu/3138759/Social_Contract_Theory_by_Hobbes_Locke_and_Rousseau
Related Documents
Study Document
Criminal Justice References in the
While this is the amendment that allows prison work camps and work programs, as well as the requirement that criminals participate in the maintaining of their prisons, it serves a much larger purpose, mainly expressing that a right contained in the constitution may be taken away if citizens do not behave lawfully. The implications of these amendments and the others so similarly worded are indicative of the Classical School of
Study Document
Social Justice -- Kantian Paradigm
Further, the physical well-being of everyone should be respected and there should be a guarantee that a "minimum level of material well-being, including basic [human needs], must be met by society, Peffer posits, explaining his view of Rawlsianism. The functions of a human being are important to respect, and basic liberties including: freedom of speech, assembly, thought, movement and other rights should be respected, Peffer continues. Moreover, freedom from arbitrary
Study Document
Public Order Vs. Individual Rights
In its perfect state, enforcing public order would, by its definition, secure and maintain the individual rights of its citizens. However, also by agreeing that another party has the right and responsibility to enforce public order, citizens give up some of their individual rights. By living in the United States, one has made a quasi-contractual agreement to abide by the laws that govern the country. As such, individuals have surrendered
Study Document
Business Law Justice at Bat the Story
Business Law Justice at Bat The Story of Three Strikes Legislation It has been said that only two things are certain - death and taxes. Yet to these two inevitabilities, many Americans would add a third -- crime. The fear of becoming the victim of a crime - especially of a violent crime - haunts many otherwise rational individuals. Violence, it seems, is everywhere. One need only turn on the television to be
Study Document
Counter-Terrorism and Social Media: Freedom Vs. Security
Counter-Terrorism and Social Media: Freedom vs. Security The United States prides itself to being the most democratic nation of the world, with the highest respect for the human being, for its values, norms, and dreams. At the same time, before 9/11, it was also considered to be one of the safest nations of the world. The attacks on the World Trade Center towers, in particular pointed out that there are gaps
Study Document
Civil Rights and Racism
Racism in America: Where do we stand? From the time of the New World's discovery in the year 1492, racism has remained at the forefront of U.S. history. Even in the present day, it is reported that in America, one Black man dies from police confrontations every 28 hours. A majority of these incidents even fail to show up in local newspapers and news channels. It is only occasionally that these