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The idea is a very attractive one – it’s there in the great
thinkers of political philosophy like Hobbes,
Locke, Rousseau
and Kant, as well
as in contemporary thinkers like John Rawls and Thomas Scanlon.
To many modern ears, the social contract idea sounds devastating
against the patriarchal account of obligation. The social
contract argument corrodes our deference towards, and blind
trust in rulers as father figures.
But there are some problems with the argument, which make
it vulnerable to the third option – philosophical anarchism.
If the obligation I have to obey the law is not natural, but
a product of some sort of promise, then I can get out of it
very easily by pointing out that I never made a promise! For
most states, there never was a time when the first citizens
got together and thrashed out a set of rules. And even if
there were, what difference would that make to the obligations
of anyone now? Just because my great-great-great-great grandfather
made a promise to behave in a certain way, how can that effect
me?
Most advocates of a social contract approach, take a sharp
intake of breath at this point, and say that the contract
is a hypothetical device, designed to show what we would
agree to if we were in a certain position. But the problem
with this approach is – as one eminent objector puts it –
‘hypothetical agreements aren’t worth the paper they’re not
written on.’ Just because I would agree, under certain circumstances
to a particular deal, doesn’t mean I have to accept a similar
deal now, when I haven’t agreed to it.
The difficulties in involved in trying to make people accept
a deal negotiated by others on their behalf are shown by the
failures of incomes policies negotiated by union leaders over
the heads of their members. A breakdown of trust between trade
unionists and the government scuppered the ill-fated ‘Social
Contract’ policies of the seventies.
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