John Locke's Social Contract and Why We Live By It
All peoples who are born
into any civil society have entered their social contract. This is not a
voluntary action. Children are born into the observed obligations of their
fathers and so are subject to any laws that the land they were naturalized. It
is their fathers who comply with the standing power in order to preserve their
rights and serve their interests. This is a state of existence that lies beyond
the state of nature.
Within
the state of nature men are indisputably free. Man is free to live his life and
hold his property in any way he sees fit. Unfortunately, that freedom comes
along with the freedom of others and others are not subject to the same
perceptions that Locke’s theories on man in his natural state dictate. In this
state, free men are subject to the brutalities of other free men who would
assert their dominance over those who do not match them in might. And so, in
order to create more equality in the world we live in, we leave the state of
nature and we enter into a social contract and form civil societies.
This
contract is, in essence, the writ of what we give away in freedoms that we
would have in a lawless society to protect and preserve other freedoms that the
majority have agreed are more important. We leave the state of nature, which we
have the liberty to govern on our own and at our own risk, in order to live
amongst each other. People are gregarious by nature and, even more primitively
so, inclined to procreate.
Locke
says that no one can be “subjected to the political power of another, without
his own consent” (Locke § 95).
And it is this consent to live under the
political power of another that we enter the social contract. Locke continues
saying, “…by consenting with others to make a body politic under one
government, puts himself under an obligation to every one of that society, to
submit to the determination of the majority, and to be concluded by it; or else
this original compact, whereby he with others incorporates into one society,
would signify nothing, and be no compact…” (Locke § 97). Locke is explaining
that when we enter the social contract we become obligated to one another. This
applies, for example, in the case of two neighbors doing the other no harm. If
one neighbor has not imposed himself upon the other, then his neighbor, by
implication, shall return him no foul. Because otherwise, the social contract
has no meaning.
This
is the reason people consent to be governed. We desire to live among one
another and have the proximity to make ease of finding a suitable partner, so
we give permission to a government to have power and create laws that a the majority find agreeable enough to live by and function in the society that
develops under its umbrella.
In
exchange for having entered the social contract, people have their freedoms
better protected having entered civil society. They are entitled to their
liberties and properties and have the right to defend it and to seek justice
from the government that they’ve given tacit consent to. So, rather than living
in the state of nature where the inconvenience of life is that your life,
liberty, and property are not your own, we leave it in order to create a place
where there is an appeal to law and we are able to have injustices weighed and
see equity restored.
Seeing
equity restored under the social contract means that there is an objective
party to observe and weigh the evidence or the reported injustice. It allows
the opportunity for those who would not have had the might in the natural state
to have taken back their property to sit before a party who has no personal,
vested interest and fight, without the need for might, to get back what is
rightfully his.
In
the social contract we have many choices about life in civil society. Laws are
constructed to match the natural state as best they can through positive law.
The people who live on the land governed by that civil society are subject to
its laws and, whether they like them or not, they are obligated to comply.
However, if someone does not like the law of the land, they are not obligated
to stay and live under its rule, rather they have the freedom to seek out
another civil society and adhere to their social contract if the law of another
land suits them better. But as long as they are living under that civil law
that they are subject to through the consent of the people by majority rule,
then they are not only subject to its authority, but they are also protected by
its laws.
Put
simply: people leave the lawless state of nature because they desire to be
protected, because they prefer not to be alone, and because they want to make
more people. All these things, but more than anything people want to feel free
and they get that feeling of freedom when they enter the social contract by
having their rights to life, liberty, and property protected.
Comments
Post a Comment