Property and Social Contract

 



Introduction and History: 
In an attempt to explain how governments originated, a group of political scientists working in the 17th and 18th centuries developed a theory they termed the Social Contract Theory.The Social Contract Theory offered a resolution to the problem since it could not explain why the citizens of a state obeyed the King or Government and had adequate understanding of the history of primitive peoples.A contract between the people and the monarch was said to have been the earliest form of governance. According to this theory, the populace consented to obligate themselves to follow the laws set out by their ruler in return for good governance.
The foundation of the Social Contract hypothesis is the notion that man originally existed in a condition of nature. This is the central tenet of the idea. They were not subject to any laws or regulatory organisation at the time. They came to two agreements, "Pactum Unionis" and "Pactum Subjectionis" to overcome these difficulties. People formed a civil society and decided to respect each other's rights to live in peace and harmony to safeguard their lives and property.The parties' first agreement was this one. The second agreement resulted in the development of an authority, a joining together of the people, and a commitment on their side to sustain the social arrangements. In return, the populace ceded a significant percentage of their freedom and rights to the state, ensuring that everyone's life, property, and, to some degree, freedom were all protected.A made-up agreement that is claimed to explain how the state and society came into existence is referred to as the "social contract." Mankind mostly coexisted with nature before nations and institutions were established.Although the idea of a social compact has been discussed in the past, it is most often associated with the writings of French philosopher Jean-Jacques Rousseau and English thinkers Thomas Hobbes and John Locke. 
Hebbes is primarily recognized as the most influential proponent of this concept, having written "Leviathan" in his book. Locke agreed with Hobbes' theory but made a few changes. For instance, he needed to understand how the original contract's author and other parties could bind their successors to it. Following Rousseau's understanding, the individual surrendered himself and all of his rights to the whole community and was accepted as an undesirable part of the total. This marked the start of the formation of governments.The contrast between Hobbes' and Rousseau's perspectives is that Rousseau thought that a political community, such as a state, should be considered as an association of equals, whereas Hobbes thought that the people of a state should be in a position of subservience to the sovereign. This divide separates Hobbes' perspective from Rousseau's.  
John Locke on Social Contract Theory and Property  
Hobbes believed that the State of Nature necessitated an absolute power, or Sovereign. Rational man would surrender to absolute rule to avoid the State of Nature.John Locke's3 the view on the theory to property is very different from others because he uniquely analysed nature and property. War may break out in the State of Nature, especially when there are disagreements over property. The State of Nature will give individuals freedom only when people use their liberty in limits and don't harm each other. War begins only when individuals tries to overpower each other,for example, by stealing other things or trying to make someone a slave. Men trying to kill each other is a way to disobey nature. War will likely happen as the State of Nature does not have civic authority. 
This is one of the most persuasive justifications for humans to build civic rule to leave the State of Nature. 
Property is critical in Locke's justification of civil government and its contract. The According to him , a person's private or personal property is created when he combines his labour with the possible natural resources available to him .According to Locke, private property is created when a person's labour is combined with the available natural resources.Therefore, when one cultivates a piece of natural land to turn it into a farmland that provides food, they have a claim to both the land and the food produced there. Nature has set the share of every person. By the law of nature there is a limitation on how much a person can own. No one can take more than the limit , leaving others without enough.God gave the natural world to all people for their everyday nourishment; therefore, no one may take more than their fair share of it. Property is the main component in Locke’s arguments on Civil Government and Social Compact as he contends that men demand security from the government when they choose to leave the State of Nature. 
Immanuel Kant on Property and Social Contract Theory 
All the philospers and jurist, including Mr. Kant believed that consent of the subject and those to be governed defines political legitimacy. Although there is a fundamental difference between them and Kant’s theory. Kant argues that acceptance of the social contract is based not on a natural right to self-preservation or absolute property rights (Hobbes), nor on prudential or rational self-interest (Locke), but on a moral obligation to institutionalise and make absolute in a social contract property rights that in nature are provisional. 
As a "permissive rule of practical reason," Kant refers to the assumption that every object must be seen as having the potential to become someone's property. It enables individuals to act to obtain things as property, creating a right to certain items that goes beyond the fundamental right to freedom. The distribution of private property in the manner it was caused by these particular human acts. Because a unilateral declaration would violate the universality of external rights because if one human being has intelligible possession of a specific object, all other humans are required to refrain from using that object, restricting the freedom of others, this act of an individual does not create the property right in those objects.Kant is aware that any unilateral assertion that anything belongs exclusively to one person would violate the freedom of others. Intelligible possession can only exist if a contract stipulates that to avoid violating the idea of right, all parties must recognise each other's intelligible holdings.The state requires all people to act with the appropriate decency and respect for the property of their fellow citizens. The state is responsible for settling disagreements over specific pieces of property and ensuring adherence to its decisions as an impartial and neutral institution. These property rights can only exist with a state to protect them. 
Conclusion: 
The supporters of the social contract hypothesis compared the advantages of organised governance and those found in the natural world. Then they argued why people should voluntarily embrace and obey governmental laws. The outcomes of this exercise resulted in creating a social contract that set out the duties and rights of individuals about the State.An essential conclusion that may be drawn from the concept of the social compact is that law and political order are not something that have always been but that people have created. A social contract is only a tool to attain a greater good and benefit for all people via maintaining civil liberties, the rule of law, and peace. Before a social contract may be deemed successful, this goal must be met. The populace agrees upon the laws and rules that would form the foundation for its government. 
 

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