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Social Contract: Theory and Application

Constitutional Convention, Jean Jacques Rousseau, Magna Carta,

A social contract, an agreement between a government (political system) and the people residing under its sovereignty in order to form an organized society or community, is as old as philosophy which has roots elder to classical Greece. Even in India the concept of a monarchy with a social contract is a matter of ancient history. The concept of a social contract did not begin in the Renaissance, nor was it new when Hugo Grotius (1583 -1645), a jurist of the Dutch Republic, philosopher, theologian, playwright and poet included his definition of a social contract in his writings. Other well known “Western Philosophers of Modern Philosophy” such as Thomas Hobbes (1588 – 1679), John Locke (1632 – 1704), and Jean-Jacques Rousseau (1712 – 1778) did not write about something new when they published their theories about a social contract. They explained in theory format the importance of having a social contract.

A very famous social contract is the Magna Carta of England between King John and his subjects. This extraordinary very detailed document was signed by King John in 1215 thereby granting in writing certain liberties regarding property, wealth, marriage, and tariffs. This social contract retained the monarchy, but forced King John to be less of a tyrant toward his subjects. This was the beginning of the people of England having more of a say in their governmental system and in protecting themselves by having a social contract.

Another well known social contract is the Constitution of the United States of America. It is very precise and is an agreement between the people of the United States and the federal government. This document outlines the jurisdiction of the United States federal government; retaining certain rights and individual liberty for the citizens. For this document to be created in the 18th century, a time period where Monarchical rule was still the norm in Europe, is truly amazing. It spells out the importance of an individual and the rights of each citizen. Before this social contract was principally authored by James Madison (known as the Father of the Constitution of the United States of America and was the fourth President of the United States) and passed by those present at the Constitutional Convention in Philadelphia (1787), the idea of a representative republic for the people that allowed individual rights and liberty was unheard of and very alarming to the monarchies. This social contract gave hope throughout the world. This social contract gave the single person importance. Anyone, not solely a person of noble birth, could participate in any office or capacity, elected or otherwise, in the federal political system. The individual vote mattered. What station you were born into was no longer a parameter for what you could politically achieve. In the United States of America’s Constitution, the federal government works for the individual citizen, making each citizens’ needs a priority (backwards from the political systems in 18th century Europe) inclusive to the nation’s.

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The term “social contract”, however is not as old as having one. According to Merriam-Webster On-line Dictionary the term “social contract” dates back to 1837 and is defined as “an actual or hypothetical agreement among the members of an organized society or between a community and its ruler that defines and limits the rights and duties of each.” Both the Magna Carta of England and the Constitution of the United States of America fit this definition. Both of these documents are actual agreements between an organized society and its government. They both define the rights and duties expected of each party; binding the government (ruler) and the people (citizens, subjects) together.

There are numerous examples of social contracts whether they be a law (between people and state like marriage laws, driving statutes, taxation laws, etc ), legal document like the Magna Carta of England (between an existing ruler and his subjects), or a Constitution that defines the role of a government. Content and length do not matter. What matters is that a social contract is a written agreement between two entities (usually a governing political system and its people). Some social contracts are more important than others. Without social contracts society would be more prone to the tyrannical, like King John before he was checked by his subjects and forced to agree upon the contents in the Magna Carta. There would be no government concerned about its citizens’ needs and welfare. A very bleak picture indeed. Social contracts are a method of protection for any society between a government and its people.

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Definition of “Social Contract”, Merriam-Webster On-Line Dictionary: http://dictionary.weather.net/dictionary/social%20contract
Constitutional Convention (1787), Wikipedia website: http://en.wikipedia.org/wiki/Constitutional_convention
Magna Carta of England, Britannia History website: http://www.britannia.com/history/docs/magna2.html
John Locke, Wikipedia website: http://en.wikipedia.org/wiki/John_Locke
James Madison, Wikipedia website: http://en.wikipedia.org/wiki/James_Madison
Jean-Jacques Rousseau, Wikipedia website: http://en.wikipedia.org/wiki/Jean-Jacques_Rousseau
Social Contract Theory, Internet Encyclopedia of Philosophy website: http://www.iep.utm.edu/soc-cont/
Social Contract, Wikipedia website: http://en.wikipedia.org/wiki/Social_contract
United States of America Constitution, http://www.archives.gov/exhibits/charters/constitution_transcript.html