Hobbes, Locke and Rousseau all argue that
the Social Contract/Covenant establishes a sovereign power. What are the
differences? How does the varying conceptions of the ‘State of Nature’ affect
those differences? Does the ‘General Will’ equal the ‘legislative power’ in
Locke?
Hobbes,
Locke and Rousseau all have different conceptions of the state of nature and
this difference results in distinctive social contracts.
For
Hobbes, the state of nature is equal to the state of war and this
results in the necessity of a sovereign who will conserve security.
Thus, the social contract of Hobbes is one that is mainly preoccupied with
security. In the Leviathan, Hobbes does not even consider the concept of
liberty because he equates association (with a leader/sovereign) and total submission.
The model of Hobbes is then one where submission to the sovereign is
absolute and where the sovereign is not bound to submit to the contract (absolute
power).
Locke
takes a more liberal approach because he believes that the state of nature is a
harmonious state with a reasonable amount of liberty. It is a state where man
can guarantee his own conservation, punish those who are a threat to his life,
and have a certain right to property. However, the right to property is
limited and hence the need for the social contract.
According
to Locke, men enter in this social state by association (mutual consent)
and conditional submission (The government is legitimate as long as the
majority decides it is). In order for this contract to be conserved, Locke uses
one of the principals of our modern democracies, which is the division of
power. He thus creates a legislative power that creates laws and an executive
power that punishes those who do not respect the contract. (This would probably
also include our modern day judiciary power).
Rousseau
is clearly greatly influenced by Locke. They are thinking about the same philosophical
problems and their theories are based on the same premise: The natural harmony
of the state of nature. Rousseau’s state of nature is slightly different
because it does not represent an ideal. It is a state that never existed
(purely theoretical), but it is one where the moral and intellectual
development of men is nonexistent. It is a state where men cannot be evil
simply because they are living individually and to be evil, man needs to cause
harm to other men. Thus, the presence of evil automatically implies the social
state (as opposed to the state of nature).
Rousseau
and Locke, however, disagree on the conception of that contract, i.e. on how to
reach the political ideal that the social contract represents.
For
Hobbes, but also Locke, the social contract results in total or partial
alienation of the individual. However, for Rousseau, the main issue is to
conserve liberties.
“Find a form of association that will bring the whole common
force to bear on defending and protecting each associate’s person and goods,
doing this in such a way that each of them, while uniting himself with all,
still obeys only himself and remains as free as before.” (VI)
In
this new form of contract, all the individuals come together, accept all the
obligations brought upon them by “the general will”, which also comes from
themselves. (This is more like: People nowadays in democracies create the laws
through their representatives and obey them). Moreover, every individual can
have a personal will that is different from the general will. This means that the
general will is not the sum of personal interests (which can certainly be
conflicting) but is rather a guarantee of a common good. Thus, the total reciprocity
between the individuals and society is paradoxically what makes a contract of
submission (such as the of Hobbes and Locke) useless.
This
is why Rousseau says that “Obedience to a law that we prescribe to ourselves is
liberty”. It makes us all equal despite our natural inequalities.
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