Thomas Hobbes' Social Contract Theory

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Thomas Hobbes creates a clear idea of the social contract theory in which the social contract is a collective agreement where everyone in the state of nature comes together and sacrifices all their liberty in return to security. “In return, the State promises to exercise its absolute power to maintain a state of peace (by punishing deviants, etc.)” So are the power and the ability of the state making people obey to the laws or is there a wider context to this? I am going to look at the different factors to this argument including a wide range of critiques about Hobbes’ theory to see whether or not his theory is convincing reason for constantly obeying the law.

Hobbes wrote the Leviathan during the civil war where he had experienced horrendous visions of violence. “Thomas Hobbes lived during some of the most tumultuous times in European history -- consequently, it should be no surprise that his theories were thoroughly pessimistic regarding human nature.” This may support his view that he would rather have any higher authority rather than none no matter how corrupted the government actually is. He wrote that the people “should respect and obey their government because without it society would descend into a civil war ‘of every man against every man’.” However, this may have been the cause for a bias view. To elaborate, a war is an extreme depiction of the potential volatility in human nature. Therefore making one aspect of humanity seems pre-dominant.

Hobbes believes that “law is nothing more than the will of the sovereign” . A legal philosopher named John Austin later on developed this by defining law as a law simply because it is being obeyed. In his theory of legal positivism, it “saw the defining feature not as i...

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...shness, succeed in establishing a social contract to defend their property rights.” So it is claimed that the social contract ‘we theoretically signed’ is created out of self interest from the wealthy people. The most disturbing part is in fact that the poor had to give up the only thing that belonged to them.

Rousseau argues that the citizens should be the ones who create the law when living in that particular society. He says “Laws are, properly speaking, only the conditions of civil association. The people, being subject to the laws, ought to be their author: the conditions of the society ought to be regulated solely by those who come together to form it.” Since the law is aimed at the citizens and punishments would oblige if not obeying to the law, it would simply be more accurate if the citizens themselves would create the law to make obedience simpler.

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