Verified Document

Bill Of Rights And The Criminal Justice System: Social Contract Theory Essay

Related Topics:

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...

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 a government and political society. The individual would…

Sources used in this document:
References

Constitution Society. (2007). The Social Contract and Constitutional Republics. Constitution Society. Retrieved 17 September 2014 from http://www.constitution.org/soclcont.htm

Dooley, K. & Paten, J. (2014). Why Politics Matters: An Introduction to Political Science. Stamford, CT: Cengage Learning.

Elahi, M. (2014). Social Contract Theory by Hobbes, Locke, and Rousseau. Academia. Retrieved 18 September 2014 from http://www.academia.edu/3138759/Social_Contract_Theory_by_Hobbes_Locke_and_Rousseau
Cite this Document:
Copy Bibliography Citation

Related Documents

Criminal Justice References in the
Words: 896 Length: 3 Document Type: Essay

While this is the amendment that allows prison work camps and work programs, as well as the requirement that criminals participate in the maintaining of their prisons, it serves a much larger purpose, mainly expressing that a right contained in the constitution may be taken away if citizens do not behave lawfully. The implications of these amendments and the others so similarly worded are indicative of the Classical School of

Public Order Vs. Individual Rights
Words: 1288 Length: 5 Document Type: Term Paper

In its perfect state, enforcing public order would, by its definition, secure and maintain the individual rights of its citizens. However, also by agreeing that another party has the right and responsibility to enforce public order, citizens give up some of their individual rights. By living in the United States, one has made a quasi-contractual agreement to abide by the laws that govern the country. As such, individuals have surrendered

Business Law Justice at Bat the Story
Words: 3165 Length: 11 Document Type: Term Paper

Business Law Justice at Bat The Story of Three Strikes Legislation It has been said that only two things are certain - death and taxes. Yet to these two inevitabilities, many Americans would add a third -- crime. The fear of becoming the victim of a crime - especially of a violent crime - haunts many otherwise rational individuals. Violence, it seems, is everywhere. One need only turn on the television to be

Counter-Terrorism and Social Media: Freedom Vs. Security
Words: 5692 Length: 20 Document Type: Essay

Counter-Terrorism and Social Media: Freedom vs. Security The United States prides itself to being the most democratic nation of the world, with the highest respect for the human being, for its values, norms, and dreams. At the same time, before 9/11, it was also considered to be one of the safest nations of the world. The attacks on the World Trade Center towers, in particular pointed out that there are gaps

Public Policy Alternatives to Improve
Words: 5886 Length: 21 Document Type: Term Paper

S. General Accounting Office (GAO) estimates' in 1991 stated that nearly 30% of those incarcerated had used drugs daily in the month before committing the offense for which they were in prison. By the year 2003 there were approximately 6.9 million individuals either on probation, in mail, or in prison which equals 32% of all U.S. adults residents or 1 out of every 32 adults. (U.S. Bureau of Justice Corrections

Fault: An Alternative to the Current Tort-Based
Words: 30263 Length: 110 Document Type: Thesis

Fault: An Alternative to the Current Tort-Based System in England and Wales The United Kingdom statistics regarding claims THE NATIONAL HEALTH SYSTEM OBSTACLES TO DUE PROCESS THE CASE FOR REFORM THE REGULATORY ENVIRONMENT THE RISING COST OF LITIGATION LORD WOOLF'S REFORMS MORE COST CONTROLS THE UNITED STATES PAUL'S PULLOUT THE INSURANCE INDUSTRY TORT REFORM IN AMERICA FLEEING PHYSICIANS STATISTICS FOR ERROR, INJURY AND DEATH THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN THE UNITED STATES SITUATION, IN SUMMARY NEW ZEALAND CASE STUDIES THE SWEDISH SCHEME COMPARISON: WHICH SYSTEM IS

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now