Social Contract Theory 1

John’s Locke Social Contract Theory

CJA 530

University of Phoenix

Facilitator : Patrick Cote

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Abstract

John Locke’s social contract theory is one of the oldest philosophies that view a

person’s moral or political obligations are based on a contract between a person to form a

society. John Locke is a British philosopher, whose association with Anthony Cooper

influenced him to become a government official that collected information about trading

colonies, an economic writer, and opposition political activist. Locke believes that

people should use reason to search for the truth, and Mr. Locke did not think people

should just accept the opinion of authorities. However, he wanted people to use reason to

try to grasp the truth. I will be discussing Locke’s theory about the civil government and,

Locke’s point of view about the state of nature.

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Civil Government

John Locke believes that determining the legitimate functions of institutions will

make an effective society. “So while Locke might admit some governments come about

by force or violence, he would be destroying the most central and vital distinction,

between legitimate and illegitimate civil government.” (Stanford, 2000, p.34). Locke

believed illegitimate civil government is instituted by the consent of those governed.

People who make this agreement give up their rights to the civil government, their right

of executing the law of nature and the right to judge their own case. People have the

right to judge their own case is consistent with the criminal justice system today, because

many people are representing themselves in court today.

When establishing universal consent it is essential to establish a political

community, and a majority consent to answer the questions. Universal consent and

majority consent are different to a certain degree. “Locke’s argument for the right of the

majority is the theoretical ground for the distinction between duty to society and duty to

government, the distinction that authorize an argument for resistance without anarchy.

When the designated dissolves, men remind obligated to society acting through majority

rule.” (Stanford, 2000, p.35).

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Civil Government

The focus of a legitimate civil government is to maintain the rights to life, liberty,

health and property of citizen and to punish a citizen who violates the rights of others.

Also, to advance the public interest where that may be a conflict with the rights of

individuals. And doing that act it provides something not available in the state of nature,

which is an impartial judgment to determine the severity of the crime. This happens to be

one of the main reasons civil society is an improvement on the state of nature. An

illegitimate government fails to protect the rights to life, liberty, health, and property of

its subject, illegitimate government claim to violate the rights of its subject.

The government also claims to have absolute authority over its subjects. “Since

Locke is arguing the position against Sir Robert Filmer, who held that patriarchal power

and political power are the same and that in effect these amount to despotic power over

its subjects.” (Miller, 2002, p.4). Locke stated that the great mistake of government was

the founding of those distinct powers with one another. Despotic power means the right

to take the life, liberty, health, and property of any one person subject to power.
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State of Nature

The state of nature is the natural condition of mankind. State of nature can also

mean state of perfect and complete liberty to conduct one’s life as one sees fit, and

without the interference of others. State of nature does not mean that a person is not free

to do anything that one pleases to do. Although state of nature does not have civil

authority or government to punish people for their crimes, it is not a state without

morality. People are equal to one another in the state of nature and are capable of being

bound by the law of nature. The state of nature is a pre-political but it is not pre-moral.

“The Law of Nature, which is Locke’s view the basis of all morality, and given to us by

God, commands that we do not harm others with regards to their life, liberty, or

possessions.” (Williams, 2004, p.6). In today’s society citizens are held accountable for

those same laws, and if the citizens are caught violating the laws they will be brought to

justice by the courts. In conclusion, John Locke’s Social Contract Theory outlines rules

and regulations that are used in our present day criminal justice system.
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References

1.Miller, Stanley. (2002, August 16). John Locke retrieved from

www.iep.utm.edu

2. Stanford, Robert (2000, May 17). John’s Locke Social Contract Theory retrieved

from www.essortment.com/johnlockesocia

3. Williams, Larry (2004, March 13). Social Contract Theory retrieved from

http://plato.stanford,edu/entries/locke/.