🤛Social Contract Unit 11 – Social Contract Theory and Welfare

Key Concepts and Definitions

• Social contract theory proposes that individuals' moral and political obligations depend on an agreement among them to form a society
• Consent of the governed means that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people
• State of nature refers to the hypothetical life of people before societies came into existence
  • Philosophers have different conceptions of the state of nature (Hobbes viewed it as a state of war, Locke as a state of perfect freedom)
• Sovereign is a person or group that has supreme authority and power to make laws and enforce them
• Social welfare refers to governmental support and services provided to ensure the well-being of citizens
• Positive rights are rights that oblige action, usually from the state, to provide goods or services (education, healthcare)
• Negative rights are rights that oblige inaction and protect freedoms from interference by other people or the state (freedom of speech)

Historical Context and Origins

• Social contract theory emerged in the Age of Enlightenment in the 17th and 18th centuries
• It developed as a response to the divine right of kings and absolutist monarchies prevalent in Europe
• The English Civil War (1642-1651) and Glorious Revolution (1688) challenged the idea of absolute monarchy and asserted parliamentary supremacy
• The American Revolution (1765-1783) and French Revolution (1789-1799) were influenced by social contract thinkers
  • Both revolutions sought to implement governments based on the consent of the governed rather than divine right
• The Industrial Revolution and rise of capitalism in the 19th century led to new social and economic challenges
  • Rapid urbanization and poor working conditions gave rise to ideas about the state's role in ensuring social welfare
• Post-World War II saw the expansion of welfare states in Western democracies (universal healthcare, education, social security)

Major Philosophers and Their Theories

• Thomas Hobbes (1588-1679) described the state of nature as "solitary, poor, nasty, brutish, and short" in his book Leviathan
  • Individuals must submit to an absolute sovereign power to avoid the state of war
• John Locke (1632-1704) viewed the state of nature more positively as a state of equality and perfect freedom in his Two Treatises of Government
  • Individuals have natural rights to life, liberty, and property
  • Government should protect these rights, and citizens have a right to revolt if it fails to do so
• Jean-Jacques Rousseau (1712-1778) argued in The Social Contract that sovereignty lies with the people as a collective
  • The "general will" of the people should be the basis of legislation to ensure the common good
• Immanuel Kant (1724-1804) proposed in his Metaphysics of Morals that the social contract is not an actual historical event but a rational justification for state power
  • A just state is one that everyone could rationally agree to under the "original contract"
• John Rawls (1921-2002) used the social contract idea for his theory of justice in A Theory of Justice
  • Principles of justice are those everyone would agree to behind a "veil of ignorance" without knowing their place in society

Types of Social Contracts

• Normative social contracts are concerned with the moral basis and justification for political authority
  • They seek to answer what a legitimate government should look like and what obligations citizens have
• Metaphorical social contracts view the contract as a useful conceptual device to represent the relationship between citizens and the state
  • The contract may not be an actual historical event but a way to think about political legitimacy
• Hypothetical social contracts propose a thought experiment of what people would rationally agree to under certain conditions
  • Rawls' "original position" behind a veil of ignorance is a famous example of a hypothetical contract
• Historical social contracts assert that the contract is a real historical event that occurred in the past
  • Some argue the U.S. Constitution and state constitutions represent actual social contracts
• Tacit consent is the idea that by participating in society and receiving its benefits, individuals implicitly agree to the social contract
  • Voting, using public roads and services, and obeying laws could be seen as forms of tacit consent
• Explicit consent is the idea that individuals must expressly agree to the terms of the social contract
  • Naturalization ceremonies for new citizens could be seen as a form of explicit consent

Social Contract and the Role of Government

• Social contract theory is used to define the proper relationship between individuals and the government
• Governments are formed to protect individuals' rights and maintain social order
  • Locke argued the government's role is to protect natural rights to life, liberty, and property
• Governments derive their legitimacy from the consent of the governed, not divine right or force
  • The Declaration of Independence asserts that governments derive "their just powers from the consent of the governed"
• Social contract theory justifies the sovereign power of the state but also limits that power
  • The government is bound by the terms of the social contract and must fulfill its obligations to citizens
• Citizens agree to obey the law and submit to the government's authority in exchange for protection of their rights
• If the government fails to hold up its end of the contract, citizens have a right to revolt and institute new government
  • Locke's ideas influenced the American Revolution and the right to "alter or abolish" government in the Declaration of Independence

Welfare State and Social Contract Theory

• The welfare state refers to a system where the government takes responsibility for the social and economic well-being of citizens
• Welfare state policies aim to reduce inequality and poverty and promote social justice
  • Examples include public education, healthcare, social security, unemployment benefits, and housing assistance
• Some argue the welfare state is an extension of the social contract where citizens agree to pay taxes in exchange for social benefits
  • The government has a duty to ensure a basic standard of living and equal opportunities for all citizens
• Others argue the welfare state violates the social contract by infringing on individual liberties and property rights
  • Redistributive taxation and welfare policies could be seen as a breach of the Lockean contract to protect property
• The "New Liberal" movement in the early 20th century used social contract ideas to justify a more expansive role for the state
  • T.H. Green and L.T. Hobhouse argued the state should provide positive rights and social services to ensure "effective freedom"
• Modern philosophers like John Rawls have used social contract theory to argue for distributive justice and a robust welfare state
  • Rawls' "difference principle" justifies inequalities only if they benefit the least well-off in society

Criticisms and Debates

• David Hume criticized the idea of the social contract as a historical event, arguing there is no evidence of an original contract
• Hume also argued that consent cannot be the basis of political authority since most people have no choice in the government they are born under
• Anarchists argue that social contract theory is used to justify an illegitimate state power over individuals
  • Lysander Spooner argued that the U.S. Constitution is not a legitimate contract since it was not explicitly agreed to by all citizens
• Marxists argue that social contract theory assumes a false equality between parties and ignores the reality of class conflict
  • The capitalist state serves the interests of the ruling class rather than the common good
• Feminists have criticized the social contract tradition for excluding women and assuming a male perspective
  • Carol Pateman argues in The Sexual Contract that the social contract is predicated on a prior "sexual contract" of patriarchal domination
• Communitarians argue that social contract theory is based on an atomistic view of individuals and neglects the importance of community
  • They emphasize the embeddedness of individuals in social relationships and shared traditions
• Debates continue over what a fair and just social contract looks like and what obligations it entails for citizens and the state

Modern Applications and Relevance

• Social contract theory continues to be relevant for debates about political legitimacy, citizens' rights and responsibilities, and the proper scope of government power
• Rawls' theory of justice has been influential in discussions of distributive justice, welfare policy, and tax policy
  • It has been used to justify progressive taxation, a social safety net, and equal access to education and healthcare
• Social contract ideas have been used to analyze and critique the legitimacy of international institutions like the United Nations and European Union
  • Questions arise about the consent of member states and the accountability of these institutions to citizens
• The COVID-19 pandemic has raised new questions about the social contract and the balance between individual liberty and collective welfare
  • Lockdown measures, mask mandates, and vaccine requirements have been debated in terms of the social contract
• Climate change poses challenges for the intergenerational social contract and the obligations of current generations to future ones
  • The idea of "climate justice" draws on social contract theory to argue for a fair distribution of the burdens and benefits of climate action
• Debates over immigration and citizenship raise questions about who is included in the social contract and on what terms
  • Some argue for a more inclusive social contract that extends rights and benefits to all residents, not just citizens
• The rise of populist movements and challenges to liberal democracy have put strain on the social contract in many countries
  • There are competing visions of what the social contract should look like and who it should serve (the "people" vs. the "elite")