Assignment 1
Semester 1
Due March 2026
, QUESTION 1
a) Explain the notion of the “social contract”
The idea of a social contract refers to an agreement, either explicit or implied, between
individuals and the society in which they live. According to social contract theorists such
as Thomas Hobbes, John Locke and Jean Jacques Rousseau, people agree to give up
certain freedoms in exchange for protection, order and mutual benefit within society
(Rousseau, 1762).
In simple terms, individuals accept rules, laws and authority so that society can function
peacefully. For example, people agree not to harm others and, in return, the state
protects their safety and property. The social contract therefore explains why laws exist
and why individuals are expected to obey them, even when doing so limits personal
freedom.
In Learning Unit 1, the social contract is used to show that law is not imposed randomly,
but arises from a collective agreement aimed at promoting social stability and
coexistence.
b) Relevance of the text to the notion of a subjective being
A subjective being is a person who experiences the world through their own
perceptions, emotions, values and choices. The text is relevant because it recognises
that individuals are not passive objects of the law but active participants who consent,
consciously or unconsciously, to the social contract.
By entering into the social contract, individuals exercise their subjectivity. They make
choices, hold expectations and accept responsibilities. For example, a person obeys
traffic laws not merely because of fear of punishment, but because they understand and
accept the shared value of public safety. This shows that law interacts with human
consciousness and moral reasoning, not just behaviour (Van der Walt & Midgley, 2017).