1. Political philosophy
Political Philosophy
Term paper
Examine the basis for political obligation in light
of various theories like Social contract, general
consent, general will, justice and common good
Ashish Singh
B10007
5/29/2013
2. Political Philosophy
Examine the basis for political obligation in light of various theories like Social contract,
general consent, general will, justice and common good
Problem of political obligations is the fundamental or central problem of the political
philosophy. The real question arises as how we mean to political obligation. The problem of
political obligation is fundamentally misconceived when it is taken as or expressed as
question
“Why should I obey the law ? ”
The answer to this question would be that citizens are obliged to obey the laws of the
state because state is the only supreme authority and state has the right to issue orders and
citizen are compel to follow them. Political obligations leads to two different question
having similar answers .
“Why does the state bound us in the constraints of law and orders ?”
“Why citizens are obliged to obey the law ?”
Every citizen is bound with the laws which imposes legal obligation. Factors supporting the
legal obligation:
Prudential obligation: fear of the supreme authority (form of tyranny or dictatorship),for
example : if we try to break the law may be I could get severe punishment .
Moral Obligation: citizens have enough respect for the law and order and obeying the law is
their duty.
Socrates gives as a perfect example for the moral obligation
Greek jury found Socrates guilty of impiety and corruption of the morals of the youth and he
was given death sentence by the court .Socrates friends arranged escape from prison but still
he chose to drink bowl of hemlock arguing that to “defy the judgement against him would be
to break his agreements and commitments and to mistreat his friends, his country and the
law of Athens”
Today we are all member of the state hence we can necessarily accept the state jurisdiction
but our membership to such states is voluntary in nature.
3. Political Philosophy
Grounds of Political obligations
1) The state rests on social contract.
2) The state rests on consent.
3) The state represents the general will.
4) The State secures the Justice.
5) Theory of common good or general interest.
Theory of social contract
Justify political obligations as being based on implicit promise, like the obligation to obey
the rules of voluntary association.
Plato on Social contract (Excerpt from Crito)
Plato discusses the nature of the social contract, while at the same time discussing Socrates’
reasons for not trying to escape when he had the chance. The setting for the discussion is the
final night of Socrates’ life. Knowing that he has been sentenced to death by the Athenian
jury (on the charge of turning the young away from the traditional gods of Athens), one of
his friends, Crito, suggests that he allow them to bribe the guards into allowing Socrates to
escape. Socrates’ refusal to do this is based on what has become known as the social
contract theory.
The social contract is an unspoken and unwritten agreement between any community and
its residents: society provides assistance to educating children, and the basic rules for
marriage, and educating children (which produces reasonably healthy children who have a
minimum of learning), and the residents agree to obey society’s laws.
Forms of Theory of social contract-
Contract of Citizenship
Plato describes this theory in his excerpts of crito ,and he explains that if a man is utilising
the privileges given by state then hi is bound to respect /oblige the law and order of the
state and it is reasonable that we are giving back something to the state .Citizen become the
integral part of the state takjng birth in the state .Author is trying to point out the
4. Political Philosophy
differences between past times and present days and scopes through the lens of social
contract. Earlier days it was presumed that citizens have enough freedom to accept this
theory but now this freedom does not exist anymore .
Contract of community
Based on the Hobbe’s social contract theory .It is quite clear that if people is not bounded by
such laws and order ,there would be chaos all over the world so this favours towards the
humanity . Next thing comes is moral obligations where people have made promises to
respect state laws.
Contract of Government
According to this form of social contract theory ,people contract themselves among group of
people and then decide their own law and orders such that they themselves and others
citizens are bound to follow them (Doubly contract).
Theory of Consent
Theory of consent debates about the political power suppression over man .Law and orders
could not compel people to accept them without their cosentment.It can be understand
from the example that a king cannot forcefully make new laws without consenting from the
group of citizens over whom it is implemented or respective representatives of the citizens.
Theory of consent eradicates the law obligation without the consent of citizens.
Theory of general will
Given by Jean-Jacques-Rouseau in the 18th
century.It includes the idea of common good as
the object or aim of the state .
The phrase, "general will" as Rousseau used it, occurs in Article Six of the Declaration of the
Rights of Man and the Citizen (French: Déclaration des droits de l'Homme et du citoyen),
composed in 1789 during the French Revolution:
“The law is the expression of the general will. All citizens have the right to contribute
personally, or through their representatives, to its formation. It must be the same for all,
whether it protects or punishes. All citizens, being equal in its eyes, are equally admissible to
5. Political Philosophy
all public dignities, positions, and employments, according to their capacities, and without
any other distinction than that of their virtues and their talents”
A superficial view is that we need to obey the laws because they represent general will.
General will can be presumed as will of citizens or most of the citizens (majority).Major
disadvantage arose when single individual comes into the scenario. Sometimes single
individual are suppressed will because it is accepted by the majority of people. Considering
the example, collecting the tax of earthworks from the people who are living over hills they
do not require earthworks because they can never be effected by Flood in valley.
Theory of justice
“Justice exists only between men whose mutual relations are governed by law” (Aristotle,
book 5, part 6)
According to this theory our obligation to obey the state law depends upon the fact that
these laws are intended to secure justice or moral rights .one context which discussed in
this theory us about the natural rights .looking out the possibility loosing the natural rights
.Most of us think that a criminal looses all rights and Locke also advocated that natural
rights are forfeited by the one who breaches the natural rights of others.
Theory Of Common good or general interest
“Actions are right in proportion as they tend to promote happiness, wrong as they tend to
produce the reverse of happiness” –John Stuart Mill
Theory held by utilitarian’s representing "the greatest possible good for the greatest
possible number of individuals". The state is necessary means to secure substantial part of
this moral end and therefore we are obliged to obey the law as an essential condition of
fulfilling our moral obligation .The state carries out purpose of making laws and making
society free from the crimes but what if government is working against the promotion of
citizens, and then government loses its right of obedience.