Social Contract Theory of John Locke - Essay Example

Social Contract Theory of John Locke The essay is written to analyze the social contract theory of John Locke and to determine how the values identified are consistent with the criminal justice system and private security settings. The discourse would find out if these values and principles apply to both venues. Specifically, the research would address the following objectives: (1) to summarize the major differences of the social contract theories; (2) to determine the key principles associated with Locke’s social contract theory; (3) to examine how these principles are inculcated in the U.S. Bill of Rights; (4) to identify how the principles play out in the criminal justice system and security settings; and (5) to describe freedom in relationship to personal rights and ethical standards and obligations. Social Contract Theory of John Locke Ethics has evolved through time from scholars who delved into philosophical perspectives during the era of Socrates, Plato and Aristotle, among others. There is the continuing discussion that an orderly and analytical process of arriving at decisions should encompass highly controversial ethical issues, about which honest differences of opinion are common and self-deceiving rationalization endless is repugnant. From diverse views originating from an array of endeavors, the social contract theories emerged, specifically stemming from the social and legalistic view. The other significant views of ethics history took into account the metaphysical or eternal law view and the religious view (Souryal, 2007). The social contract theories emerged as a critical element in ensuring peace and order to society. According to Souryal (2007), the social view of the historical origins of ethics recognized that, “in virtually all societies—ancient, medieval, or contemporary— people followed certain rules of conduct” (73). Culture and society play a significant role in honing man’s personality which influence the values and preferences that shape decision making in various perspectives of life. The early promoters of the social contract theories are Thomas Hobbe, John Locke, and Charles de Montesquieu, whose basic belief in this theory was rooted in determining a collaborative agreement as a necessary component of order in society. The essay hereby aims to examine Locke’s view of the social contract theory in comparison with Hobbe and Montesquieu and determine how the values identified are consistent with the criminal justice system and private security settings. Differences in Social Contract Theories As indicated in site on Political Philosophy, the social contract theory indicates that “consent is the basis of government. It is because people have agreed to be ruled that governments are entitled to rule” (Political Philosophy, n.d., par. 1). The theory attempts to explain the purpose of the state as well as the nature of morality. The basic idea is that moral values are rules that human beings must accept if they are to live peacefully together in society. Since humans are social beings, bound to live together rather than in isolation from one another, there must be a general agreement on the rules of social living; if there is no general agreement, the result is chaos and anarchy, a condition that Hobbes, Locke and Montesquieu called the state of nature. Hobbe basic contention is that the individual’s security and growth in affluence would be achieved if he enters into a collaborative agreement (social contract) with a governing authority tasked to settle disputes and conflicts. He promoted a form of monarchy as the ultimate solution to peace and happiness (Souryal, 2007, 79). On the other hand, Locke incorporated freedom of the individual as the ultimate focus for existence. Any form of government should be supportive of individual’s rights. He advocated the concept of separation of powers and the critical element in government requiring a system of check and balance to improve transparency. His theories on liberalism because the impetus for the Declaration of Independence and the reason for the United State’s prosperity and freedom (Souryal, 2007, 80). Finally, Montesquieu theories emphasized law as the basis for social order and for the establishment of an appropriate form of government. The Political Philosophers indicated that “Montesquieu added the judiciary to Lockes executive and legislature. He admired the English system, and wrote of the separation of powers” (Political Philosphers, n.d., par. 13). Key Principles in Locke’s Theory John Locke is often referred to as the father of liberal democracy. As averred by Souryal, Locke’s key principles in his theory “advocated individual freedom as the supreme end of government; favored a more liberal form of government; disliked any complicated political system that might hinder individual and group economic prosperity; and saw the role of political authority as limited only to the necessary means of settling exceptional disputes that arise between individuals or groups” (2007, 79). Locke envisioned a liberal democracy as a system of government that is more pluralistic than totalitarian, more democratic than authoritarian, and more capitalistic than socialistic (Acibo,2008, 121) Inculcation of Locke’s Theory in the US Bill of Rights In an article written by Moll (2007, 5), “the Declaration of Independence and the U.S. Constitution are based on John Locke’s concept of the social contract (Locke 1690/1986). Briefly, social contract theory holds that the purpose of government is to better protect the rights that people already naturally possess: those of life, liberty and property”. Accordingly, the constitution upholds the following principles, consistent with Locke’s theory, to wit: “due process, justice, checks and balances, equal protection of the laws, separation of power, freedom of speech religion, press, petition and assembly, right to bear arms, protection against unreasonable searches and seizures, protection against self-incrimination, right to a lawyer, and right to a speedy trial” (Moll, 2007, 6). Locke’s theory provided the framework for the Bill of Rights which each and every citizen is expected to exercise in one’s diligent service to the country. Likewise, Souryal proffered that “the Bill of Rights provides three categories of guarantees that ensure individual freedom in a democratic society” (2007, 99) consistent with Locke’s principles. Finally, in an article written by Dolhenty (2003), it was indicated that “the key elements in Lockes political theory are natural rights, social contract, government by consent, and right of revolution” (par. 1). Locke’s Principles in Criminal Justice System and Security Settings The principles embodied in Locke’s social contract theory are clearly applied in the criminal justice system and security settings in terms of focusing on maintaining “the rights to life, liberty, health and property of citizen and to punish a citizen who violates the rights of others” (Cote, 2010, 4). Further, Souryal averred that the “constitutional provisions in the United States, especially those stated in the Bill of Rights, are central to the ethics of criminal justice because they define what is ‘just’ and what is ‘unjust’” (Souryal, 2007, 99). By providing clear and accurate laws that define the state of nature, consistent with Locke’s theory, the criminal justice system and security settings are able to adhere to the codes of ethical standards indicated in system. As emphasized by Cote, “in today’s society citizens are held accountable for those same laws, and if the citizens are caught violating the laws they will be brought to justice by the courts” (2010, 5). Freedom and Personal Rights and Ethical Standards and Obligations Freedom is the power, rooted in reason and will, to act or not to act, to do this or that, and so to perform deliberate actions on one’s own responsibility. By free will, one shapes one’s own life by deciding to endeavor to a particular profession. Human freedom is a force for growth and maturity in truth and goodness; it attains its perfection when directed towards service for others. The principle of humanity and of every rational creature as an end in itself if the supreme limiting condition on freedom of the actions of each man. To lay down a man’s right to anything, is to divest himself of the liberty, of hindering another of the benefit of his own right to the same. Dolhenty revealed that “in the state of nature every man must protect his own as best he can. His right to his own and his duty to respect what is anothers are as complete as ever they can become under civil government. Moral rights and duties are intrinsic, morality makes law and not law morality, and governments have to give effect to what is naturally right prior to its enactment” (2003, par. 4). This indicates that freedom recognizes rights of individuals, as well as responsibilities to others. Cote indicated that “state of nature does not mean that a person is not free to do anything that one pleases to do. Although state of nature does not have civil authority or government to punish people for their crimes, it is not a state without morality. People are equal to one another in the state of nature and are capable of being bound by the law of nature” (Cote, 2010, 5). Conclusion In coming together to form a social contract, individuals are morally free to transfer their rightful powers, but they cannot transfer any powers that they do not rightfully possess. But the right to life, liberty, and property are unalienable, meaning, they cannot be transferred or delegated to the state. John Locke, through his social contract theory, attempted to justify the existence of the state by viewing it as the product of social contract. Government has been established in human societies by an agreement or contract to accomplish certain clearly identified purposes. Embodied in this contract is ensuring that justice prevails and crime is deterred to ensure peace and order in society. References Acibo, L.A. Foundations of Philosophy. Centro Escolar University, Philippines. Cote, P. (2010). John Locke’s Social Contract Theory. Retrieved 15 October 2010. < http://literaturepdf.files.wordpress.com/2010/05/john-locke-social-contract-theory.pdf> Dolhenty, J. (2003). John Locke. Retrieved 15 October 2010. < http://www.radicalacademy.com/lockebio.htm> Moll, M.M. (2007). Improving American Police Ethics Training: Focusing on Social Contract Theory and Constitutional Principles. Retrieved 15 October 2010. < http://www.forumonpublicpolicy.com/archivesum07/moll.pdf> Political Philosophers. (n.d.) Retrieved 15 October 2010. < http://www.usconstitution.net/philosophers.html> Political Philosophy. (n.d.). Social Contract Theory. Retrieved 15 October 2010. < http://www.politicalphilosophy.info/socialcontracttheory.html> Souryal, S.S. (2007). Ethics in Criminal Justice: In Search of the Truth, 4e. Elsevier Inc. ISBN: 9781593454265. Read More