Social contract

Social Contract is the idea of an agreement (contract) between the people and the government

• the "social contract" holds that the
  • government protects the rights of the people
  • the people support and obey the government

Social Contract

See European Enlightenment for origins of the idea of the social contract

• defined by Enlightenment thinkers such as Hobbes, Locke and Rousseau

Contract

• in a contract, each party must
  • derive benefit ("consideration" -- see below)
  • fulfill its obligations

the social contract

• the government agrees to protect the people, their needs, and their rights
  • protection from harm
  • provision of needs, such as roads, ports, trade
  • protection of individual rights
• the people obey and fulfill their duties to the government, such as
  • paying taxes
  • obeying the laws

Consideration

• "consideration" is the legal term for the benefits to each party within a contract
• for a contract to be valid, both sides must derive benefit
  • thereby, a contract that does not benefit one party is invalid
• a contract that goes unfulfilled by either party is invalid

Rights of the people

definition of a right

• "rights" are a power or privilege to which an individual is entitled
  • rights are not granted by government
    • that is a license
  • rights are inherent to the individual
  • thus the American Declaration of Independence's affirmation of the "self-evident" truth that people are born with certain rights

Obligation to respect and protect rights

• where there are rights there are obligations
• thus, if a right exists,
  • the government must provide for its protection and fulfillment
  • the people must respect the rights of others
• ex.
  • if Person A has the right to speak, then
    • the Government must not interfere with that right
    • person B must not interfere with the right of Person A's speech
• the "obligation" may or may not extend towards providing for that right:
  • must the government, therefore provide a forum for Person A's speech?
  • must Person B be forced the listen?

Declaration of Independence

The American Declaration of Independence asserts and defines rights as

We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness—-That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness

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Key concepts of the Declaration of Independence

"self-evident" truths	that these asserted "truths" are inherent and not in need of explanation or defense; that these asserted "truths" can be understood through logic or reason and do not require other proofs
"endowed by their Creator"	born with (these rights)
"unalienable Rights"	cannot be separated from the person; that is they are possessed inherently by the individual person (note: while a right may be violated, it remains "unalienable"; synonymous with "inalienable")
Life, Liberty, and the Pursuit of Happiness
to secure these Rights, Governments are instituted among Men
deriving their just Powers from the Consent of the Governed,
whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it,