The Social Contract
The Social Contract is a model that describes the origin of society and the legitimacy of the state over the individual. Of the thinkers credited to the model, the concept of the theory describes the surrender of personal freedoms for the sake of given human rights. These philosophies have common characteristics, including the Pactum Unionis and Pactum Subjectionis. These pacts were the most apparent in the State of Nature, a concept used to denote the hypothetical conditions of what lives were like before the existence of societies. By the first pact of Unionis, people sought protection of their lives and property, resulting in mutual respect. By the second pact of Subjectionis, people united together and pledged to obey an authority, and as a result, surrendered the whole or part of their freedom to an authority. It is the government's right to guarantee everyone protection of life, property and to a certain extent liberty. Hence, the philosophies of Hobbes, Locke, and Rousseau are just mere variations of that described above.
Thomas Hobbes (1588-1679)
The first modern philosopher to articulate a detailed contract theory was Thomas Hobbes in his work titled Leviathan. According to Hobbes, the lives of individuals in the state of nature were "solitary, poor, nasty, brutish and short", a state in which anarchism the prevented orderly society. Hobbes bases his argument on the Pactum Subjectionis, and that the social contract was an 'occurrence' during which individuals came together and ceded some of their individual rights so that others would cede their own. The introduction to the of Leviathan, which Hobbes helped design, portrays the commonwealth as a gigantic human form built out of the bodies of its citizens, the sovereign as its head. Labled "Leviathan," a word derived from the Hebrew for "sea monster" and the name of a monstrous sea creature appearing in the Bible; the image depicts the definitive metaphor for Hobbes's utopian government. As such constitution is made of its own citizens, he views such organization responsibility of the shared conduct and behaviour of the people.
John Locke (1632-1704)
Locke's political perspective varied considerably from Hobbes. According to his work in his Second Treatise of Government, the general public would be bound naturally by the Law of Nature. However, without a proper government, people would not feel secure in their rights and would live in fear. To do such, a government will need to be put in place with the explicit consent of those governed. Those who give consent are allocated special treatment from the government, so hence, the surrender of freedom makes the justice system legitimate in the government. More stress is placed on the rightfulness of such government.
Jean-Jacques Rousseau (1712-1778)
Describing the innate nature of physical freedom, Rousseau views the social contract as a medium for resurrecting freedom and as a result a civil society. In his work, Rousseau outlines the social contract as a method to spur a functioning society, though it is not a requirement. The sovereign, as he describes, is a macrocosm of a human being, in that the sovereign expresses the general will that aims for the common good, much like the decision making of one person. The general lawgiver, most likely not a member of the original society, must ensure liberty and equality. While the sovereign exercises legislative power by means of the laws, states also need a government to exercise executive power, carrying out day-to-day business. The basis of this executive power would be excised in regular, periodic assemblies by the government. However, Rousseau recommends the establishment of a tribunate to mediate between government and sovereign and government and people. In cases of emergency, brief dictatorships may be necessary. The role of the censor's office is to voice public opinion.