Social Contract Theory of John Locke Free Essays

Given the honored and extensive authority that the social contract theory upholds, the supposition still endures various assessments. The view that people’s ethical and political responsibilities are reliant upon a contract between them to structure a society is also precisely linked with current ethical and political theory. John Locke (b. We will write a custom essay sample on Social Contract Theory of John Locke or any similar topic only for you Order Now 1632, d. 1704), a prominent truth-seeker among other professions of the 17th and early 18th centuries, is primarily recognized for the creation of his influential social contract theory. Censors dispute that most people are raised within an existing society and not presented with opportunity to opt a social contract; therefore, Locke’s social contract theory is considered invalid. Locke’s refute to the censors alleged that a keen understanding of how social contracts transpire must occur prior to the advancement of individuals in the social order. This paper will entail the social contract theory of John Locke and how the values identified are consistent with the criminal justice system (Uzgalis, 2007,  ¶11). The State of Nature The social contract theory commences with the idea of a state of nature; the central idea that criminal justice systems are not in existence. The breakdown of effects result in the lack of protection provided; the inability to instill safety measures; and the neglect of civil rights pertaining to property and to individualized refuge. Public order is in disarray resulting in people relying on self-help methods to resolve differences of opinion. The individuality of existence within a state of nature is one of the primary areas under discussion that differences occur among social contract philosophers. Unlike Thomas Hobbes, John Locke’s colleague in philosophy, whom references a state of nature as a battle of everyone in opposition to one another, Locke references state of nature, not as a circumstance of warfare, but nevertheless a problem. Locke theorizes that a community not possessing access to a normal arbitrator would signify that each person would mediate individual cases. This style of adjudication would create recurrent heated discussions being settled by personal brutality. Despite the different thinking techniques of Locke and Hobbes, the agreement exists that the state of nature would generate a sadistic and apprehensive atmosphere (Reese, 2001,  ¶11-12). The State of Nature is a condition of ideal and inclusive autonomy to manage life in the best method one deems necessary, according to Locke. To add clarity, Locke’s proposal was not to include the freedom to do whatever one desires despite the consequences. Although the State of Nature presents a status that municipal influence and government does not discipline individuals for illegal indiscretions, doctrines remain in subsistence. Furthermore, the State of Nature assumes equivalency to others and is equally skilled to make determinations ensured by, what Locke claims, the foundation of decency; the Law of Nature. Locke’s viewpoint is that the Law of Nature was provided to mankind by God with the instructions not to cause injury to one another in regard to physical condition, independence, existence, and property. In Locke’s words, â€Å"Moral good and evil is only the conformity or disagreement of our voluntary actions to some law, whereby good or evil is drawn on us, from the will and power of the law-maker† (Laslett, 1967, p. 8). Locke refutes Hobbes theory by making claim that because God owns every living creature, and every human being is considered equivalent, people are not at liberty to eradicate what belongs to God. The State of Nature works as a set of guidelines allowing people to pursue unreservedly happiness by following personal areas of interest and creating personal diploma cy (2001,  ¶3-4). In this observation the decree is established on God’s determination but strangely, the theory is not consistent with Locke’s assertion pertaining to the Law of Nature. Locke elaborates that because the State of Nature is reasonably passive; people are entitled to seek this happiness free from hindrance. Although the hypothesis is to some extent contradicting, Locke’s theory does add simplicity to the reasoning of why an unbiased criminal justice system is detrimental to society. Two Treaties on Government Locke surmised in the Two Treaties on Government, 1686, originally people agreed to a governmental social contract to ensure safeguarding of property rights and security from aggression. In lieu of defense, community members presented authorization to the government for verification that community members wished to be presided over. Locke made public the claim that any government official can justifiably be replaced if he or she neglects duties or takes advantage of the position. Locke’s view of righteousness is germane to the debate of the United States Criminal Justice System because initiators depended upon Locke’s words of wisdom to direct the assembly of an organization of self-governing supremacy. Undeniably, numerous pieces of the United States Declaration of Independence duplicate portions of Locke’s Second Treatise precisely. For example, citizens are gifted â€Å"with certain unalienable rights . . . governments come about to secure the rights and to gain just powers from the consent of the governed† (Laslett, 1967, p. 61). Locke’s statement pertaining to how disparaging the government can become and the entitlement the community members obtain is also noted in the Declaration of Independence. Locke’s dispute resulted as the starting point for structuring an admired government in addition to a validation for rebellion. Political convictions formerly sustained the proposal of community members providing government requirements. The concept of an innovative social contract in which the government subsisted to provide requirements of the administration created a novel reflection that upheld Lock’s thoughts, â€Å"a person surrendered to the authority of the state only the amount of freedom necessary to ensure protection of the rights of other citizens† (1967, p. 3-7). The fresh proposal concerning contractual association of the government to community members was a creation of an inventive, rising middleclass (1967, p. 15). Conclusion Based on the preceding theories of the highly regarded John Locke, the values identified within the State of Nature are noticeably consistent with the values of existing day criminal justice system. Although challenging, without the basis of Locke’s hypothesis on social contract, the criminal justice system would lack genuineness and compassion creating an unreceptive environment. Locke’s theory makes current the immeasurable array of associations and connections interlinking people. Social contract theory is undeniably a part of the criminal justice system at present and in the projected future. Locke’s theory, along with other reputable premises, will forever compel the reflection upon the nature of people and the connection to one another. Reference Laslett, P. (December 1967). Two treaties of government and the revolution of 1688. Locke: Two Treatises of Government. Cambridge Texts in the History of Political Thought. (ISBN- 13 : 9780521069038 | ISBN- 10: 0521069033). Reese, R. (September 2001). Social justice theory. Journal of Ethics and Justice. Uzgalis, W. (2007). Historical background and locke’s life. Stanford Encyclopedia of Philosophy. How to cite Social Contract Theory of John Locke, Papers Social Contract Theory of John Locke Free Essays Social Contract Theory of John Locke Lisa Moore University of Phoenix Ethics in Justice and Security CJA 530 February 29, 2010 Roger Long, JD Social Contract Theory of John Locke According to John Locke (1690), â€Å"the people give up some freedoms to the government or other authority in order to receive or maintain social order through the rule of law. † When the people surrender some freedoms and the government agreed to work together towards a common goal, to promote equal protection for both the people and the government. Based on the agreement a government was created. We will write a custom essay sample on Social Contract Theory of John Locke or any similar topic only for you Order Now Therefore the government of the United States, has the powers to prosecute and punish individuals for criminal acts, and bears the responsibilities of providing public safety to the people through the police, court systems. We the people agree to obey civil and criminal law enforced by the government, and pays our taxes and the government agrees to treat us fairly and protect us and protects the country and our freedoms by uphold the Constitution. John Locke influenced Thomas Jefferson and our Founding Fathers while writing â€Å"the Declaration of Independence and the U. S. Constitution, Locke’s Social Contract Theory on America’s political and governmental system is undeniable† (Moll, 2006). While writing the Declaration of Independence, Thomas Jefferson, drew heavily from the writings of John Locke, and placed them in the Constitution. The social contract theory infuses both these documents. Thomas Jefferson adopted Locke’s ideas people had rights to life, liberty, equality, and pursuit of happiness, the responsibility of government must protect those rights, and put them in the Constitution. The government was established from the consent of the people and therefore the power of government should be distributed among different institution. The words â€Å"we the people† in the Preamble to the Constitution, illustrates the people have agreed to work in partnership with government to establish justice, insure domestic tranquility, provide for the common defense, promote the general Welfare, and secure the blessings of liberty to ourselves and our posterity† (Schwartz, n. d. illustrates that both the American people and government agree to work together to ensure the rights of the people will be protected at all times. â€Å"The Constitution is a flexible, lawful document of rights and restrictions. The Articles of the Constitution affirm the shape of government, divided into three branches, which are given powers to keep the others in check to balance government. The amendments grant certain civil liberties, but like the articles, also assert specific rules a nd restrictions on those who are not granted civil rights. The philosophic beliefs of natural rights to life, liberty, and property of John Locke are expanded into the Constitution, specifically the Bill of Rights† (Raborg, 2008). By using the Bill of Rights from the U. S. Constitution as a foundation for police ethics training is better than using state ethics law, because officers have taken an oath to uphold the principles of the Constitution. The major justification for corrective (criminal) law is prevention of harm. The social contract theory explains that law is a contract each individual gives up some liberties and, in return, is protected from others who have their liberties restricted as well. The interference of law in natural liberties kept to a minimum and should step in only when the liberty in question injures or impinges on the interests of another. The â€Å"Social Contract Theory gives legitimacy to the American criminal justice system and the role of police in our society. The authority of police is derived from the people through the social contract, which holds that the purpose of government is to better protect the rights that people already naturally possess: those of life, liberty and property† (Moll, 2006). The social contract theory is the foundation which our criminal justice system is based upon. The government exists to serve the people, and to maintain the political power. Locke’s â€Å"ideas are the fundamentals of American government today, Americans are free and have civil rights but when decisions are made in Congress, majority rules, but minority rights are protected† (Raborg, 2008). The U. S. Constitution establishes the form of government the people have agreed to abide by in turn the government agrees to protect the people, was built on the beliefs of John Locke. When the Founding Fathers drafted the Constitution they left room for the Constitution to be modified to protect the people as society changes to ensure that the rights of the people are still being protected, and the government can provide more protection to the people without violating their given rights. Without the philosophical influence of John Locke on our Founding Fathers, I wonder what our criminal justice system would be like. References Locke, John (1690) â€Å"Two Treatises Government† Project Gutenberg (10th edition)Retrieved February 27, 2010 from http://www. gutenberg. org/dirs/etext05/trgov10h. htm Moll, Monica M (2006) â€Å"Improving American Police Ethics Training: Focusing on Social Contract Theory and Constitutional Principles† Retrieved February 25, 2010 from http://www. forumonpublicpolicy. om Roland, John (1994) â€Å"The Social Contract and Constitutional Republics† Retrieved February 25, 2010 from http://www. federalobserver. com Raborg, Chris (2008) â€Å"The Philosophical Influence of John Locke on the Fundamental Ideas of the United States Constitution† Retrieved February 25, 2010 from http://www. marylandsar. org Schwartz, Ed (n. d. ) â€Å"Social Contract Project† Institute for the Study of Civic Values Retrieved February 27, 2010 from http://207. 245. 99. 38/socialcontract. html How to cite Social Contract Theory of John Locke, Papers