SOCIAL ASPECT IN CONTRACT

CONDITIONS

S TAT E : T H E S O C I A L C O N T R A C T U A L I S M A P P R O A C H

WITH FOCUS ON
T H E S O C I A L C O N TR A CT T H E O RY B Y J O H N
LO C K E & T H E CO NT EM P O RA RY W O R LD
 STATE
• State is the association of four essential elements:

POPULATION: Number of People

FIXED TERRITORY: A definite place

GOVERNMENT: Unionis

SOVEREIGNTY: Supremacy

• According to Professor Gilchrist:

“The State is a concept of political science and a moral reality
which exists where a number of people living on a definite
territory, are unified under a Government which in internal
matters is the organ for expressing sovereignty and external
matters is independent of each other”.
 STATE : THE SOCIAL CONTRACT THEORY

 Doubt regarding the supremacy of the State, compelled theorists to determine the Origin of
State.
 There are various theory to determine the Origin of State, one of them is The Social Contract
Theory which covers the basic-to-basic mechanical process of the State.

SOCIAL CONTRACT THEORY

•The state is a result of an agreement between the people to unite
together & the ruler to rule.

Major Proponents TWO TWO

• THOMAS HOBBES FUNDAMENTAL FUNDAMENTAL
• JOHN LOCKE ASSUMPTIONS VALUES
• JEAN JAQUES • STATE OF NATURE • VALUE OF NATURAL
ROUSSEAU • THE SOCIAL RIGHTS
CONTRACT • VALUE OF PEOPLE
FREE CONSENT
 THE SOCIAL CONTRACT THEORY – JOHN LOCKE

LOCKE’S SOCIAL CONTRACT WAS DEVOTED TO SOVEREIGNTY

& LAW.

FIRST THEORY TO EXPLAIN THE VALIDITY OF

DETHRONEMENT.

JOHN LOCKE FIRST THEORY TO EXPLAIN THE SEPARATION OF POWERS

B/W GOVERNMENT & JUSTICE.
(1632-1704)
An English Philosopher.
Proposed the social
contract theory in reaction
to James II dethroning.
His version of the Social
Contract Theory is wrote
in his book ‘TWO
TREATIES OF
GOVERNMENT’
DEFENCE OF
CONSTITUTIONALISM
 NEED OF THE SOCIAL CONTRACT TO FORM A CIVIL SOCIETY

 Society arises when men seeks to leave the State of Nature.

 To do so they surrender their rights mutually & creates a society in order to
enjoy collective rights.
 They submit to certain level of authority to form Government in order to
ensure safeguards for “Natural Rights”.

Natural
Rights

Right Right Right

to to to
Life Freedom Property
THE SOCIAL CONTRACT THEORY – JOHN LOCKE
(CONTD.)

• There exists “Natural Rights” that ensures absolute

STATE liberty.
• Men live peacefully in the state of equality & freedom.
OF • In this condition, men starts to judge himself .
• Consequently conflict arises & “Natural Rights” end up
NATURE abused.
• Hence, Properties are not secure anymore.

• John Locke deals with the dual contracts – social and

governmental. (Pactum Unionis & Pactum
SOCIAL Subjectionis)
CONTRAC • Social Contract is to create a civil society(laws) and
governmental contract is to form the
T government(supremacy).
• The contract entails consent.

• Government, in view of John Locke, is like a trustee.

• If Government fails to safeguard men’s “Natural
Rights” or becomes tyrant, people have right to dismiss
REVOLUTION & replace it.
• John Locke has supported constitutional monarchy.
• Justified the Glorious Revolution of England.
 REFLECTION OF VIEWS OF JOHN LOCKE
IN THE CONTEMPORARY WORLD

John Locke doctrines John Locke’s Social

of liberty and equality
have exercised a strong
influence upon the bill
of rights in modern
constitutions in many
countries including
Tanzania.
John Locke ideas gave Contract Theory is
theoretical form to the very much reflected in
reaction against
absolutism and the the Constitution of
preparation of India. In Preamble,
parliamentary Fundamental Rights &
Fundamental Duties.
democracy. His greatest
effect was upon the
American and French
revolutions.
References:
http://www.iep.utm.edu
http://www.legalservices.in

http://www.jtm.locke.edu

THANK YOU

Submitted by – Sudas (11)

Kishore (12)