eduvation

1. STATE: THE SOCIAL CONTRACTUALISM APPROACH
WITH FOCUS ON
THE SOCIAL CONTRACT THEORY BY JOHN
LOCKE & THE CONTEMPORARY WORLD
SOCIAL ASPECT IN CONTRACT
CONDITIONS

2. • 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”.

3. 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.
•The state is a result of an agreement between the people to unite
together & the ruler to rule.
Major Proponents
• THOMAS HOBBES
• JOHN LOCKE
• JEAN JAQUES
ROUSSEAU
TWO
FUNDAMENTAL
ASSUMPTIONS
• STATE OF NATURE
• THE SOCIAL
CONTRACT
TWO
FUNDAMENTAL
VALUES
• VALUE OF NATURAL
RIGHTS
• VALUE OF PEOPLE
FREE CONSENT

4. THE SOCIAL CONTRACT THEORY – JOHN LOCKE
JOHN LOCKE
(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
LOCKE’S SOCIAL CONTRACT WAS DEVOTED TO SOVEREIGNTY
& LAW.
FIRST THEORY TO EXPLAIN THE VALIDITY OF
DETHRONEMENT.
FIRST THEORY TO EXPLAIN THE SEPARATION OF POWERS B/W
GOVERNMENT & JUSTICE.

5. 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
to
Life
Right
to
Freedom
Right
to
Property

6. • There exists “Natural Rights” that ensures absolute
liberty.
• Men live peacefully in the state of equality & freedom.
• In this condition, men starts to judge himself .
• Consequently conflict arises & “Natural Rights” end up
abused.
• Hence, Properties are not secure anymore.
STATE
OF
NATURE
• John Locke deals with the dual contracts – social and
governmental. (Pactum Unionis & Pactum
Subjectionis)
• Social Contract is to create a civil society(laws) and
governmental contract is to form the
government(supremacy).
• The contract entails consent.
SOCIAL
CONTRACT
• 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
& replace it.
• John Locke has supported constitutional monarchy.
• Justified the Glorious Revolution of England.
REVOLUTION

7. REFLECTION OF VIEWS OF JOHN LOCKE
IN THE CONTEMPORARY WORLD
John Locke doctrines
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
theoretical form to the
reaction against
absolutism and the
preparation of
parliamentary
democracy. His greatest
effect was upon the
American and French
revolutions.
John Locke’s Social
Contract Theory is
very much reflected in
the Constitution of
India. In Preamble,
Fundamental Rights &
Fundamental Duties.

8. Submitted by – Sudas (11)
Kishore (12)
References:
http://www.iep.utm.edu
http://www.legalservices.in
http://www.jtm.locke.edu
THANK YOU