Debate Now Social Contract and Validity of Law and Government

Check all options you believe to be true. (You can change your options.)

  • 1. Social contract is a valid concept.

  • 2. The Constitution is social contract.

  • 3. Laws that violate social contract should have no authority.

  • 4. A government that violates social contract should be replaced.

  • 5. Social contract is necessary to protect our liberties and rights.

  • 6. Social contract is necessary for an effective society.

  • 7. Social contract is a manipulative tool of the right.

  • 8. Social contract is a manipulative tool of the left.

  • 9. Social contract is nonsense and there is no such thing.

  • 10. I don't know what the social contract is but want to learn.


Results are only viewable after voting.

Foxfyre

Eternal optimist
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Oct 11, 2007
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Having had an amicable argument with another member recently over the issue of Social Contract--I think it an essential component of a liberated society and he thinks it doesn't exist or, if it does, it is a progressive tool for mischief--I think some might enjoy a discussion of what Social Contract is and what it isn't. So let's discuss Social Contract.

More specifically, let's discuss whether Social Contract is the single most important guiding principle in what our laws and government should be?

The concept of Social Contract is almost as old as recorded history with Socrates and Plato both offering thoughts on it. More recently, such historic figures as Hobbes, Rousseau, and Locke became the poster children for a philosophy of Social Contract with each taking a somewhat different position on the best way to accomplish it for the maximum benefit of human kind.
Social Contract Theory by Hobbes Locke and Rousseau Manzoor Elahi - Academia.edu

The American Founders leaned strongly toward the concept put forth by John Locke summarized as:
. . .According to Locke, the purpose of the Government and law is to uphold and protect the natural rights of men. So long as the Government fulfils this purpose, the laws given by it are valid and binding but, when it ceases to fulfill it, then the laws would have no validity and the Government can be thrown out of power.

In Locke’s view, unlimited sovereignty is contrary to natural law.

Hence, John Locke advocated the principle of a state of liberty; not of license. Locke advocated a state for the general good of people. He pleaded for a constitutionally limited government. . .
Social Contract Theory Internet Encyclopedia of Philosophy

NOTE: The links provided are intended as information only and I do not regard them as necessarily any more or less authoritative than opinions written or expressed by others.

For purposes of this discussion only, one or both of the following will be the general definition for Social Contract that we will use:


Definition: Social Contract:

1. The process or system by which society organizes itself for the mutual benefit of all. This can be binding on all or informally understood.

2. An agreement between the people and government assigning specific responsibilities and limitations on power to each.


RULES FOR THIS DISCUSSION:

1. No ad hominem, personal insults, or challenge of the intent of the member making a post. Whether expressing approval, opinions, criticism, questions, or challenge, address the post itself. Keep it as civil as possible please.

2. Links or other sources may be useful but are not required to express an opinion or 'statement of fact.' If you use a link to an outside source, provide in your own words a short summary of what the source will show. (A short quoted excerpt can also be helpful.)

3. Rather than get bogged down in differences of opinion over definitions, the thread author reserves the right to determine, as she deems necessary, what definition(s) will be used for purposes of this discussion only. She will try to be as logical, accurate, fair, impartial, and apolitical in such rulings as possible.

THE TOPIC TO BE DISCUSSED:

Is Social Contract as defined above a valid concept?
If so, is the U.S. Constitution social contract? State and local governments?
If so, has the spirit and intent of social contract been preserved in current times?
Do you agree with Locke that laws and policies that violate social contract invalidates the law and the government that imposes them? That social contract should be the single most guiding principle in what government and laws should be?
And who should get to decide that?
 
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A social contract is inherent in all societies. Those who violate the contract typically end up in prison, banished or dead. Governments which ignore it tend to be overthrown. It isn't so much philosophy as a fact of life.
 
A social contract is inherent in all societies. Those who violate the contract typically end up in prison, banished or dead. Governments which ignore it tend to be overthrown. It isn't so much philosophy as a fact of life.

Well that is close to how John Locke would have looked at it I think.

So do you see our government at federal, state, and social levels as living within the social contract? Or violating it? If the latter, how close are we to one or more of those governments being overthrown?

Disclaimer: This is a theoretical question please. I do not wish to have sinister looking guys in trench coats at my door or black helicopters hovering over my house.
 
A social contract is inherent in all societies. Those who violate the contract typically end up in prison, banished or dead. Governments which ignore it tend to be overthrown. It isn't so much philosophy as a fact of life.

Well that is close to how John Locke would have looked at it I think.

So do you see our government at federal, state, and social levels as living within the social contract? Or violating it? If the latter, how close are we to one or more of those governments being overthrown?

Disclaimer: This is a theoretical question please. I do not wish to have sinister looking guys in trench coats at my door or black helicopters hovering over my house.

That last comment was supposedly facetious. But........the fact that it entered your mind and passed through all of your filters.....suggests that you might have some issues.

I'd like you to refine the topic to be discussed. It is very broad.

Thanks.
 
A social contract is inherent in all societies. Those who violate the contract typically end up in prison, banished or dead. Governments which ignore it tend to be overthrown. It isn't so much philosophy as a fact of life.

Well that is close to how John Locke would have looked at it I think.

So do you see our government at federal, state, and social levels as living within the social contract? Or violating it? If the latter, how close are we to one or more of those governments being overthrown?

Disclaimer: This is a theoretical question please. I do not wish to have sinister looking guys in trench coats at my door or black helicopters hovering over my house.

That last comment was supposedly facetious. But........the fact that it entered your mind and passed through all of your filters.....suggests that you might have some issues.

I'd like you to refine the topic to be discussed. It is very broad.

Thanks.

The topic is not about me, so whatever 'issues' I might have are off limit in this thread.

The topic isn't all that broad in my opinion. If the laws at any level violate social contract as defined, does that render them null and void? And are we justified throwing out a government that violates social contract?

What specifically would you like clarified?
 
Perhaps we could start with:

What did John Locke mean when he advocated the principle of a state of liberty; not of license?

In other words does liberty exist without government? Or is it a matter of permission allowed or ordered by government?
 
Perhaps we could start with:

What did John Locke mean when he advocated the principle of a state of liberty; not of license?

In other words does liberty exist without government? Or is it a matter of permission allowed or ordered by government?
He meant it's an inherent right for all and not a privilege for a few.
 
Perhaps we could start with:

What did John Locke mean when he advocated the principle of a state of liberty; not of license?

In other words does liberty exist without government? Or is it a matter of permission allowed or ordered by government?

In Federalist #2, John Jay states:

Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights in order to vest it with requisite powers.

............................................

Liberty at an individual basis exists without government. If you get two more people together...you run the risk of having one take your liberties away. Hence, people bind together.

That is why we have government.

Enforcement of a Social Contract beyond that is what is constantly debated now.

Your definition of Social Contract includes the term "mutually beneficial to all".

What do you mean by mutually beneficial or maybe I should ask...what mutual benefits do you identify when you make this statement ?
 
Perhaps we could start with:

What did John Locke mean when he advocated the principle of a state of liberty; not of license?

In other words does liberty exist without government? Or is it a matter of permission allowed or ordered by government?
He meant it's an inherent right for all and not a privilege for a few.

Hmmm. Interesting interpretation. I had not thought of it in that context but now I will. You may be on to something. :)
 
Perhaps we could start with:

What did John Locke mean when he advocated the principle of a state of liberty; not of license?

In other words does liberty exist without government? Or is it a matter of permission allowed or ordered by government?

In Federalist #2, John Jay states:

Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights in order to vest it with requisite powers.

............................................

Liberty at an individual basis exists without government. If you get two more people together...you run the risk of having one take your liberties away. Hence, people bind together.

That is why we have government.

Enforcement of a Social Contract beyond that is what is constantly debated now.

Your definition of Social Contract includes the term "mutually beneficial to all".

What do you mean by mutually beneficial or maybe I should ask...what mutual benefits do you identify when you make this statement ?

The mutual benefit of all those engaging in social contract. For instance,we once lived in an unincorporated rural area. The first folks who moved out there, except for electric power supplied by the local rural coop, expected to be fully self sustained with their own propane tank, well, septic system etc. Over time we minimally incorporated so we could establish a few enforceable rules to protect everybody's property values, set some school bus routes, etc. That was social contract and I believe everybody eventually agreed.

As we all drew our water from the same underground aquifer system, as more and more people moved into the area, the probability of contamination of that water supply by so many septic systems became obvious.

So the proposition was put forth for everybody to pitch in and develop a community sewer system. Everybody was urged to do so, but the few who objected would be grandfathered in and would stay on their private septic system UNTIL they sold their property. New people coming in would expect to use the community sewer system. This was deemed mutually beneficial to all as it protected everybody's water supply whether or not they initially approved of the community sewer system. This was social contract that mutually benefitted all.
 
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A social contract is inherent in all societies. Those who violate the contract typically end up in prison, banished or dead. Governments which ignore it tend to be overthrown. It isn't so much philosophy as a fact of life.

Well that is close to how John Locke would have looked at it I think.

So do you see our government at federal, state, and social levels as living within the social contract? Or violating it? If the latter, how close are we to one or more of those governments being overthrown?

Disclaimer: This is a theoretical question please. I do not wish to have sinister looking guys in trench coats at my door or black helicopters hovering over my house.

Certainly living with the social contract. We are not even vaguely close to any sort of revolution. Our government is very responsive to public reaction. Perhaps too responsive.
 
Perhaps we could start with:

What did John Locke mean when he advocated the principle of a state of liberty; not of license?

In other words does liberty exist without government? Or is it a matter of permission allowed or ordered by government?

Ok. Liberty only exists within a stable society. Liberty is meaningless in isolation and non-existent in a non-stable society. It is not a matter of permission ordered by the government but what the society considers to be acceptable behavior. IOW, your liberty is not dependent upon your government but upon your neighbors.
 
Two terms have been used: inherent right and natural right. I would argue that both are myths which exist only in our minds. They are, at most, PR terms.
 
Perhaps we could start with:

What did John Locke mean when he advocated the principle of a state of liberty; not of license?

In other words does liberty exist without government? Or is it a matter of permission allowed or ordered by government?

Ok. Liberty only exists within a stable society. Liberty is meaningless in isolation and non-existent in a non-stable society. It is not a matter of permission ordered by the government but what the society considers to be acceptable behavior. IOW, your liberty is not dependent upon your government but upon your neighbors.

What produces a stable society? How is that accomplished?
 
Two terms have been used: inherent right and natural right. I would argue that both are myths which exist only in our minds. They are, at most, PR terms.

Well, if you believe that, is it safe to assume that you do not believe that social contract is a valid concept?
 
A social contract is inherent in all societies. Those who violate the contract typically end up in prison, banished or dead. Governments which ignore it tend to be overthrown. It isn't so much philosophy as a fact of life.

Well that is close to how John Locke would have looked at it I think.

So do you see our government at federal, state, and social levels as living within the social contract? Or violating it? If the latter, how close are we to one or more of those governments being overthrown?

Disclaimer: This is a theoretical question please. I do not wish to have sinister looking guys in trench coats at my door or black helicopters hovering over my house.

That last comment was supposedly facetious. But........the fact that it entered your mind and passed through all of your filters.....suggests that you might have some issues.

I'd like you to refine the topic to be discussed. It is very broad.

Thanks.

Issues. Like projection?
 
Perhaps we could start with:

What did John Locke mean when he advocated the principle of a state of liberty; not of license?

In other words does liberty exist without government? Or is it a matter of permission allowed or ordered by government?

Ok. Liberty only exists within a stable society. Liberty is meaningless in isolation and non-existent in a non-stable society. It is not a matter of permission ordered by the government but what the society considers to be acceptable behavior. IOW, your liberty is not dependent upon your government but upon your neighbors.

What produces a stable society? How is that accomplished?

Mostly warm homes and full bellies.
 
A social contract is inherent in all societies. Those who violate the contract typically end up in prison, banished or dead. Governments which ignore it tend to be overthrown. It isn't so much philosophy as a fact of life.

Well that is close to how John Locke would have looked at it I think.

So do you see our government at federal, state, and social levels as living within the social contract? Or violating it? If the latter, how close are we to one or more of those governments being overthrown?

Disclaimer: This is a theoretical question please. I do not wish to have sinister looking guys in trench coats at my door or black helicopters hovering over my house.

That last comment was supposedly facetious. But........the fact that it entered your mind and passed through all of your filters.....suggests that you might have some issues.

I'd like you to refine the topic to be discussed. It is very broad.

Thanks.

The topic is not about me, so whatever 'issues' I might have are off limit in this thread.

It's all personal for some.
 
Two terms have been used: inherent right and natural right. I would argue that both are myths which exist only in our minds. They are, at most, PR terms.

Well, if you believe that, is it safe to assume that you do not believe that social contract is a valid concept?

No. I have already said that the social contract is a very real thing. But there is no such thing as an inherent or natural right. That implies an entitlement to rights, that they are ours just because we were born. All rights derive from the society and exist only so long as the society agrees they exist.
 
Two terms have been used: inherent right and natural right. I would argue that both are myths which exist only in our minds. They are, at most, PR terms.

Well, if you believe that, is it safe to assume that you do not believe that social contract is a valid concept?

No. I have already said that the social contract is a very real thing. But there is no such thing as an inherent or natural right. That implies an entitlement to rights, that they are ours just because we were born. All rights derive from the society and exist only so long as the society agrees they exist.

Okay I can accept your perspective on that. John Locke and then the Founders took the view that the rights exist whether or not they are recognized or respected. Via social contract, governent is formed for the purpose of acknowledging and protecting the free exercise of them. But if we get to the same destination, I don't think they or I will quibble that much on the road we take to get there.
 

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