Title Introduction to philosophy of law Question No 06 Write a note on the Social contract theory..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of PHILOSOPHY OF LAW for LLB part 01 you can watch lecture of this question from here. https://www.youtube.com/watch?v=OVMUpITpjXA&list=PLXT PClsX2hdDA6iWHDXbSEybNh7rpPOyY&pp=iAQB Question No 06: Write a note on social contract theory? 1. INTRODUCTION: Social contract theory is an ancient concept in philosophy that suggests people's moral and political responsibilities are based on a mutual agreement or contract that they enter into in order to establish the society they live in. According to this theory, individuals come together and voluntarily create a social structure, usually with a governing body, to ensure mutual protection, cooperation, and the preservation of their rights and interests.
2. MEANING OF SOCIAL CONTRACT THEORY: “Social contract, in political philosophy, is agreement, between the ruled and their rulers, defining the rights and duties of each.” 3. MAJOR PROPONENTS OF SOCIAL CONTRACT THEORY: • Thomas Hobbes • John Locke • Jean Jacque Rousseau 4. BASIS OF SOCIAL CONTRACT THEORY: Long ago, imagine a time when there were no governments or laws. People lived in a "state of nature," where they had to figure out everything on their own. This was tough because there were problems like unfairness and mistreatment in society. To make things better, people decided to create a social contract. This is like a special agreement. They made two main agreements: • Protection Agreement: People realized it would be better to work together and create rules to protect everyone's rights. They formed a government to make and enforce these rules, like a referee in a game. • Obedience Agreement: In return for protection and fairness, people agreed to follow these rules and laws. This helped maintain order in society and prevent chaos. 5. CHARACTERISTICS OF SOCIAL CONTRACT THEORY: Following are the main characteristics of the social contract theory.
• Everyone is Free and Independent: In this theory, all the people in a place have their own freedom and can make choices for themselves. • Living in Peace and Safety: It's important that everyone feels safe and peaceful where they live. No one should feel scared or in danger. • Making an Agreement Together: People agree to come together and create a society or a community. It's like making a promise to work together. • Listening to the Government: People agree to follow the rules of the government to protect their rights. It's like following the instructions to keep things fair and secure. 6. IMPORTANCE OF SOCIAL CONTRACT THEORY: Think of the social contract as a kind of "deal" or understanding between people and their government. This "deal" explains how societies or countries form and work together. It's like an invisible agreement where people follow rules and the government protects their rights. This idea helps us understand how individuals and governments need each other to make a society function smoothly. 7. PHILOSOPHER’S VIEWS ABOUT SOCIAL CONTRACT THEORY: I. THOMAS HOBBES: Thomas Hobbes' theory of the Social Contract, developed during Britain's Civil War in 1651, explains how people formed orderly societies. Before this, they lived in the State of Nature, a chaotic and fearful state. Life was harsh, short, and everyone looked out for themselves.
Hobbes believed that humans naturally seek security and order. To escape fear and misery, they agreed to a Social Contract. This contract meant giving up some freedoms to an authority (like a ruler) for protection. The ruler's job was to safeguard lives and property, and their authority was strong. This created monarchs as powerful leaders. People had to obey them, even if they weren't great rulers. But Hobbes thought rulers should still follow basic moral rules. So, while the ruler had lots of power, they were also bound by certain natural laws. In simple terms, Hobbes said people joined together to escape a scary life and created rulers to keep them safe. II. JOHN LOCKE: John Locke was an important thinker born in 1632. He's known as the "Father of Liberalism." He had a different idea about social contracts than Hobbes. Locke believed people naturally want freedom without strict rules. In his view, people are generally good and helpful, but some troublemakers can disrupt peace when there's no law. To solve this, people formed societies or states through a "social contract." This means they agreed to follow rules to have security and safety. In Locke's book from 1690, he said that in a natural state, everyone should have the rights to life and property. But it can be hard to protect these rights alone. So, people made a deal: They would listen to a government that protects these rights. If the government fails, people can replace it. Locke thought government's job is to protect people's natural rights. As long as it does this, its laws are good. But if it stops protecting rights, its laws are no longer valid. Locke believed that total power is against natural law. III. JEAN JACQUES ROUSSEAU: