13CA 23rd September 2003
Compare the Social Contract Theories of Locke and Rousseau
Locke’s starting point for his social contract theory is from a state of nature, a stage before civil society where the state does not exist. It is an uncertain climate in which to live as there is nothing to enforce what he calls the Law of Nature. The Law of Nature states that everyone has the right to life, liberty and property. In the state of nature there is no one to enforce the Law of Nature so individuals have the right to take it upon themselves to enforce it leading to an unstable environment. Locke maintains in his theory that a social contract is formed when people give up these individual rights to the sovereign thereby consenting to the rule of the state. It is the state’s duty to enforce the Law of Nature, protecting the citizen’s “life, liberty and estate”. Just as the individual is contracted to obey the state, so too is the sovereign contracted to protect the rights of those it is ruling. If the sovereign fails to do this then people have a right to remove the sovereign, withdrawing their consent. People can consent via “express consent”, a declaration of consent, for example, the American salutation of their flag. Since this rarely happens, people who do not rebel and enjoy the advantages of the state may be considered as “tacitly consenting”.