Justice in the social contract..................................................................................................2
Human Nature........................................................................................................................3
Liberty...................................................................................................................................4
Role of Property.....................................................................................................................5
Democracy..................................................................................................................................5
Whether a democracy is just/What makes a democracy legitimate: justice..........................5
Consent in Democracy...........................................................................................................6
Laws and Rights.........................................................................................................................7
Natural human rights.............................................................................................................7
Posited Rights and Laws......................................................................................................10
When can you disobey the law............................................................................................12
Legitimacy of the State.............................................................................................................13
Legitimacy if it ensures Justice...........................................................................................13
Legitimacy (of the social contract) in terms of Consent.....................................................13
Legitimacy in a Democracy.................................................................................................17
Power of the State.....................................................................................................................19
Role of the State: justice and equality......................................................................................22
Political Obligation and Law....................................................................................................23
, Social Contracts
With reference to the social contract theories you have studied, explain and discuss the
role played by one or more of their key element/s, for example, fear, liberty, safety,
property and so on.
Argue that the role played by different views on human nature entails the starkest differences
between social contract theories. Rousseau and Hobbes
Justice in the social contract
How to see whether a social contract is just? Whether it follows human nature
Thesis
Rousseau: justice in the state of nature based on idea of humans as naturally self interested
and compassionate
Antithesis
Plato: justice in the social contract if all follow their distinct roles and Philosopher Kings rule
by finding the common good
● Based on unequal view of human nature
● Spirit
● Appetite
● Reason: philosopher Kings should rule
● He exemplifies this by using a Chariot Analogy- Reason must guide Spirit and
Appetite
● Only those with Reason can see the common good as reason is a tool by which to
reach the World of Forms- an immaterial world Plato claimed to obtain all absolute
and universal values of the universe, which we strive to discover.
Justify his idea of human nature:
Plato (tripartite soul): We can observe that when we make a decision or an action we are 'pulled' in different
direction. Arguably, the different directions indicate the different parts of our soul. We can also observe that
some people are better than others at different skills. Arguably, this is due to the fact that their soul are
'organized' differently.
OR
Locke: justice is when everyone’s natural rights are respected by the law. Everyone has
naturally equal claims to life, liberty and property. Due to our individualist and self-interested
human nature, according to liberalists, our rights come into conflict in the state of nature and
, we must therefore enter the social contract in order to protect them. Within the social
contract, Locke believes
● We give up our power to mediate problems
● We can no longer interpret the Law of Nature, someone else does it for us
○ Legislative Branch of Government
● We can no longer resolve conflicts, someone else does it for us
○ Judicial Branch of Government
● We can no longer enforce the law, someone else does it for us
○ Executive Branch of Government
It is through this process that we can achieve justice, as we ensure natural rights.
Synthesis
Rousseau to plato: these inequalities Plato believes are natural rather occur within a social
context
● Equalities are negligible in the state of nature
● However acknowledges we cannot revert to the Garden of Eden adapt to current
situation by ensuring justice within the social contract
● Rousseau sees the General Will as the tool by which to achieve justice: similar to the
common good as in what is best for me is what is best for the general community, and
I will come to see this by the creation of a pure democratic state
● No sovereign- everyone participates
● Give ourselves to all in order to give ourselves to no one: meaning there is no
sovereign state, and I give up my freedom in order for everyone to have equal
freedom because that will enable the General Will
● The only way to achieve justice is to grant everyone an equal voice in order to restore
their natural equality
Rousseau to Locke's social contract only grants formal equality, which is insufficient.
Human Nature
Question on human nature/state of nature/social contract:
● Compare Locke and Rousseau
○ Thesis: agree with Rousseau
How does human nature serve as the basis for different philosophers’ view on the state
in the social contract
Introduction
Explain the question: the question asks us to determine the significance or impact of human
nature in establishing the role of the state in different philosophers’ social contracts. In
response, I will argue that the contrasting views on humans as naturally self-interested or
cooperative entail the different roles of the state in society. Both Rousseau and Hobbes mould
their social contract theories in accordance with their views of humans as cooperative or self-