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2 ideas
| 18635 | Social contract theories are usually rejected because there never was such a contract [Kymlicka] |
| 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. | |
| From: Will Kymlicka (Contemporary Political Philosophy (1st edn) [1990], 3.3) | |
| 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. |
| 22675 | In American judges rule according to the Constitution, not the law [Tocqueville] |
| Full Idea: The Americans have acknowledged the right of judges to found their decisions on the Constitution, rather than on the laws. | |
| From: Alexis de Tocqueville (Democracy in America (abr Renshaw) [1840], 1.05) | |
| A reaction: Obviously the Constitution is one short document, so the details must be enshrined in the laws (which presumably defer to the Constitution). |