Thursday, October 22, 2009

Violations of the contract

The social contract and the civil rights it gives us are neither "natural rights" nor permanently fixed. Rather, the contract itself is the means towards an end — the benefit of all — and (according to some philosophers such as Locke or Rousseau), is only legitimate to the extent that it meets the general interest ("general will" in Rousseau). Therefore, when failings are found in the contract, we renegotiate to change the terms, using methods such as elections and legislature. Locke theorized the right of rebellion in case of the contract leading to tyranny.

Since civil rights come from agreeing to the contract, those who choose to violate their contractual obligations, such as by committing crimes, abdicate their rights, and the rest of society can be expected to protect itself against the actions of such outlaws. To be a member of society is to accept responsibility for following its rules, along with the threat of punishment for violating them. In this way, society works by "mutual coercion, mutually agreed upon" (Hardin 1968).

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