Bill of Rights and the Criminal Justice System: Social Contract Theory Essay

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Social Contract Theory

The social contract model is based on the underlying premise that society, in pursuit of the protection of people's lives and property, enters into a compact agreement with the government - where the latter guarantees the society protection, and the society in turn pledge to live in peace and harmony (Dooley & Paten, 2014). John Locke and Thomas Hobbes, the two main proponents of the social contract model, agree on this premise but differ significantly in regard to the principles under which the contract ought to operate (Dooley & Paten, 2014).

Hobbes' versus Locke's View

Through his political work Leviathan, Hobbes states that the government and the society both exist within the confines of the stipulated contractual agreement, but the former is the higher one of the two parties, and enjoys absolute sovereignty to use its power and political right to ensure that general order prevails in the society. In Hobbes' view, therefore, the society can only follow the government's regulations/conditions in goodwill and full compliance. Towards this end, as long as the government is able to maintain general order, the society reserves no right to replace or overthrow it, even if it (the government) has proven to be weak in other areas of governance.

Locke's view, on the other hand, expresses that the social contract binds both parties, but i) the society is only bound to follow the authority's regulations as long as the authority sticks to the basic confines of the agreement; and ii) the society reserves the right to replace or overthrow the government if it repeatedly violates the contract's basic guidelines. Although Locke's view has been widely-accepted, it has one major drawback; it is difficult to give a definite meaning of what exactly constitutes a contractual violation.

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Principles of Locke's Theory

Freedom: Locke's aspect of freedom is embedded in his concept of the State of Nature -- a state of preservation, mutual assistance, goodwill, and peace, in which all had the right to enjoy the pleasures of nature (Elahi, 2014). Towards this end, mankind had the liberty to conduct his life in any way he deemed fit, free from interference. The state of nature had no ruling authority or law-enforcement agencies to ensure that law and order were maintained; people were free to pursue their endeavors, but still there was an element of morality.

The Principle of Fairness: Locke identifies the protection of society's property as the core function of government. Private property is governed by the Law of Nature which puts limits on the amount of property one can own, and prevents some from owning too much at the expense of others (Elahi, 2014). In this regard, despite the fact that nature endows humankind with an array of resources for his own subsistence use, no one is allowed to own more than their fair share. Individuals act ethically at all times, ensuring that they do not interfere with the rights and privileges of others in the enjoyment of their own rights.

Justice: In Locke's view, property in the State of Nature was insecure because of the absence of i) natural power for the enforcement of natural law; ii) an impartial judge; and iii) established law (Elahi, 2014). Locke saw the need to create these through the creation of….....

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