John Locke’s Social Contract Theory:
Introduction:
The Social Contract Theory argues that people’s morals and obligations depend on an agreement among them in order to form the society in which they reside. John Locke's argues that the state of nature of man is perfect, and no one is to interfere each other’s’ lives. He states that even though the state of nature is one without punishment from the authority, it is not pre-moral (Friend, 2004). In Hobbes's argument, he points out that without identification and recognition of a universal authority, chaos is the order of man. In contrast to this, Locke and Rosseau state that the role of power in a nation is to look after the rights of the citizens. If it fails in this, the citizens have the ability to withdraw their support and resist. (Friend, 2004). Hobbes argues that the government is right, and the nation is its reflection and a result of the government's decisions. Locke states that the significant role of the government is to ensure justice prevails. Rousseau's view is that it should always safeguard the freedom and liberty of its citizens. (Kymlicka, 2003).
In Hobbes's theory of social contract, he supports the supreme authority with less regard to the citizens. Locke and Rosseau side with the citizens more than with the government. (Friend, 2004). The sovereign and government appear similar to Hobbes. Rosseau differentiates the two where he rules out a representative form of government. (Locke, 2003). Rousseau's analysis of sovereignty was an adjustment of both Locke's constitutionalism and Hobbes's absolutism. (Friend, 2004).
Life is an essential principle in Locke's social contract theory. He states that God gave us life, and no one has the authority to take away which is His. God forbids us from harming one another. It shows the equality that exists among men and the value of human life. (John. 2003). Locke also speaks of liberty, where people were independent and equal. There was no government to punish people for what they did against the law was not a state without morality. It was pre-political but not pre-moral. People considered each other as equal since they were all bound by the legislation of nature. There was peace since people pursue their interests and plans without disruption from others (John, 2003).
Locke speaks of property which plays a significant role in his argument for civil government and the contract established by it. He claims that private property is as a result of one's labor and raw materials of nature. There is a limitation of how much property one can obtain from life so that other's do not lack. God provides quality to man; this ensures that one cannot take and finish for others. He considered property in the state of nature as unsafe because of the absence of established law, an impartial judge and natural power to execute physical laws. The factors made the man give into Social Contract as a way of preserving order and enforcing the law of nature. (Parkinson, 2003).
Locke mentions Government, which men create and leads to the introduction of laws, judges to adjudicate laws and the executive power to enforce the laws. It implies that they have handed over their power of punishing transgressors and protecting themselves to the government. He mentions that the purpose of government is to safeguard the natural rights of men, failure to fulfill their mission will prove fatality to the government (Kymlicka, 2003). Locke's idea of liberty in his definition of the statute of nature in the social contract got included in the U.S Bill of Rights. It implied equality in the society where each is free and equal, and the idea of natural rights that are inherent to each. It led to the formation of freedoms of the citizens included in the Bill of Rights with the aim of protecting the interests of the citizens. The inclusion of the limitations acted as a protective measure of people's freedoms (Locke, 2003).
Locke's idea of property as reflected in his work of 1689, Two Treatises of Government, which states that the main idea behind the creation of civil society is the protection of property. The idea got adopted in the Bill of Rights to offer protection to the citizens’ property. Laws governing the protection of assets got implemented to ensure action against the lawbreakers. Measures, for example, the creation of title deeds to show legal ownership are implemented to restrict theft and fraud of people's property. (Kymlicka, 2002).
Locke's idea of government, which advocated for the separation of powers and revolution in some circumstances featured in the Bil of Rights. The U.S government formed arms of the government for efficient distribution of authority to ensure the citizens get distributed attention. The action provided that all citizen's grievances got attended to whenever a complaint erupted. (Parkinson, 2006).
Locke's idea of the need for humanity to acquire personal freedom and liberty represents the need for the existence of a government. It meant people to live in peace without anybody intruding on another's rights. The purpose for the formation of the government was to protect the rights and freedoms of the citizens and provide maintenance of law and order that could result in peace and harmony in the state. The citizen's views and opinions deserve respect since the government's power is invested in the citizens. The distinction of authority in the state facilitates support of society's objectives and the Justice structure in controlling the checks and balances (Gill, 2011).
They create bases in passing judgment in the criminal justice system where the ruling for or against a lawbreaker is required. It mostly applies in courts where one receives punishment according to the law. The presence of a judge, who is a representative of the law is mandatory in a court of justice. Witnesses, judges, and other people presence provide an audience for the case and the ruling made. The reported may either be released on bail, arrested for life or booked for punishment in line with the crime committed. (Gill, 2011).
In security settings, codes or conduct form the backbone where the issue of equality among citizens is the issue of concern. People deserve fair treatment in the society regardless of their positions of office. Some people abuse power by use of their position to commit a crime and get away with it. When law catches up with any wrongdoer, official action against them must be taken to reduce evil in the society. The arrest of such characters ensures the safety of the other people in the community. (Gill, 2011).
Concerning personal rights and ethical standards and obligations, everyone has rights and freedoms which should not be infringed by anybody. Anyone caught or reported depressing another's freedom; has the law to face. The existence of laws governing the rights and freedoms of its citizens provides a basis for punishment by law. People have the chance to report wrongdoers making the laws job better in maintaining law and order in the state. (Gill, 2011).
The existence of the judicial system in the government ensures the protection of individuals’ freedom's and rights. The availability of judges and courts of law make it easy in the administration of justice in the society. There exists a book of law that contains all the rules as per the nation which guides the judge in passing verdict to a criminal. Every criminal's offense has a punishment assigned to it. The law provides a central administration reference point for all reported and arrested lawbreakers. (Gill, 2011).
The government has the responsibility of protecting the ethical standards and responsibilities of every society in the nation. The people who go against the ethical standards of the community and its obligations commit a criminal offense punishable by the courts of law of the country. The citizens have a responsibility of living by the ethical standards of the society. (Gill, 2011).
In conclusion, John Locke's theory played a significant role in the lives of the Americans. The Bill of Rights has some of its laws derived from his aspect of the Social Contract Theory. Locke's ideas acted as the eye opener of the people's insight into politics. Through his works, the people get knowledge on how best they could lead their lives. It provides the authority with relevant information it can use in the administration of law to its citizens. It joins the people with their government for the success of their nation. The rights and freedoms of the citizens have solutions on how to solve conflicts associated with them. Lawbreakers have their punishments written down to ensure they do not escape the law.
References:
Gill Charles (2011) John Locke’s social contract Theory.
Kymlicka, W. (2002). Contemporary political philosophy: An introduction. Oxford: Oxford University Press.
Locke, John. Two Treatises of Government and A Letter Concerning Toleration. Yale University Press (2003).
Parkinson, J. (2006). Deliberating in the real world: problems of legitimacy in a deliberative democracy.
Friend, C. (2004). Social contract theory.
