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Single Idea 18635
[filed under theme 24. Political Theory / B. Nature of a State / 2. State Legitimacy / c. Social contract
]
Full Idea
Social contract theories have all been subjected to the same criticism - that there never was such a state of nature, or such a contract. Hence neither citizens nor government are bound by it. Contracts only create obligations if they are actually agreed.
Gist of Idea
Social contract theories are usually rejected because there never was such a contract
Source
Will Kymlicka (Contemporary Political Philosophy (1st edn) [1990], 3.3)
Book Ref
Kymlicka,Will: 'Contemporary Political Philosophy (1st edn)' [OUP 1992], p.59
A Reaction
Even if they have been agreed in the past, why should subsequent generations be bound to them? Modern Germans aren't bound by their grandparents' oaths of allegiance to fascism.
The
30 ideas
with the same theme
[power derived from agreement among citizens]:
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23215
|
Even the poorest have a life to lead, and so should consent to who governs them
[-]
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10
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After a taste of mutual harm, men make a legal contract to avoid it
[Plato]
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14515
|
A law is not just if it is not useful in mutual associations
[Epicurus]
|
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5654
|
The Second Treatise explores the consequences of the contractual view of the state
[Locke, by Scruton]
|
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19888
|
A society only begins if there is consent of all the individuals to join it
[Locke]
|
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6702
|
If anyone enjoys the benefits of government (even using a road) they give tacit assent to its laws
[Locke]
|
|
19909
|
A politic society is created from a state of nature by a unanimous agreement
[Locke]
|
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21100
|
The idea that society rests on consent or promises undermines obedience
[Hume]
|
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20495
|
We no more give 'tacit assent' to the state than a passenger carried on board a ship while asleep
[Hume]
|
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21101
|
The people would be amazed to learn that government arises from their consent
[Hume]
|
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7233
|
The social order is a sacred right, but based on covenants, not nature
[Rousseau]
|
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19842
|
The government is instituted by a law, not by a contract
[Rousseau]
|
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20569
|
Kant made the social contract international and cosmopolitan
[Kant, by Oksala]
|
|
21063
|
Personal contracts are for some end, but a civil state contract involves a duty to share
[Kant]
|
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21068
|
There must be a unanimous contract that citizens accept majority decisions
[Kant]
|
|
21069
|
A contract is theoretical, but it can guide rulers to make laws which the whole people will accept
[Kant]
|
|
22778
|
Individuals can't leave the state, because they are natural citizens, and humans require a state
[Hegel]
|
|
3909
|
Society isn’t founded on a contract, since contracts presuppose a society
[Hegel, by Scruton]
|
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22809
|
The social contract sees society as constituted by and for individuals
[Taylor,C]
|
|
21119
|
Power is only legitimate if it is reasonable for free equal citizens to endorse the constitution
[Rawls]
|
|
21019
|
Social contracts assume equal powers among the participants
[Nussbaum]
|
|
18635
|
Social contract theories are usually rejected because there never was such a contract
[Kymlicka]
|
|
21035
|
Just visiting (and using roads) is hardly ratifying the Constitution
[Sandel]
|
|
8989
|
The benefits of social freedom outweigh the loneliness, doubt and alienation it brings
[Scruton]
|
|
20490
|
For utilitarians, consent to the state is irrelevant, if it produces more happiness
[Wolff,J]
|
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20493
|
Social contract theory has the attracton of including everyone, and being voluntary
[Wolff,J]
|
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20494
|
Maybe voting in elections is a grant of legitimacy to the winners
[Wolff,J]
|
|
20984
|
A social contract limits the pursuit of justice to members of a single society
[Sen]
|
|
20738
|
Social contracts and markets have made society seem disconnected and artificial
[Aho]
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|
20537
|
Hypothetical contracts have no binding force
[Swift]
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