POLITICAL OBLIGATIONSocial Contract Theory

Matt Bennettmpb74@cam.ac.uk

Course structure

1. Social contract I – Hobbes and Locke

2. Social contract II – critics

3. Fair play and natural duty

4. Anarchism

What is political obligation?What obligations do I have as a citizen?

Obey the state? Obey the law?

Obey the police?

Is civil disobedience always wrong?

Should we fight unjust wars?

Is it wrong to avoid tax?

Thomas HobbesThomas Hobbes (1588 – 1679)

Lived through English civil war(roughly 1642 – 1651)And execution of Charles I

Royalist in his publications and connections to court

Spent over 10 years in exile in France

Focal text: Leviathan published 1651

Hobbes’ State of Nature

1. SCARCITY

2. EQUALITY

3. FEAR

4. STATE OF WAR

5. LAW OF NATURE

Hobbes – authorising the sovereign• The state of nature is a state of perpetual threat of mutual

destruction • The fundamental law of nature compels us to find a way

out of this situation• The natural way out of this would be to make a contract• But why would anyone make such a contract if they are

suspicious of everyone else?• Collectively authorise an institution with the power to

enforce the contract

Hobbes and Political Obligation1. According to Hobbes, it is

rational to submit to the state

2. The contract is hypothetical

1. If we were in a position to covenant, it would be irrational not to

3. It is rational to submit only to an absolute sovereign

Objections to Hobbes1. What right does the state have over foreigners, who have not

promised to lay down arms?

Counter: it would be rational for them too to authorise the sovereign, and this is enough for state legitimacy

2. The sovereign is vulnerable to partiality

Counter: better a biased law than no law at all

3. Suggesting that we would want to replace the state of nature with a tyrant is “to think that men are so foolish that they take care to avoid what mischiefs may be done them by polecats or foxes, but are content, nay, think it safety, to be devoured by lions.” (Locke)

Counter: it is in the sovereign’s interest not to ”devour” citizens

John LockeJohn Locke (1632 – 1704)

Lived throughEnglish civil warand period of deep political instability until roughly 1690

Committed Parliamentarian and Whig by association

Focal text: Two Treatises of Government• (Second treatise) published 1689

Locke’s theoryState of nature:

• Law of nature – moral equality• Do not harm the ‘life, health, liberty, or possessions’ of anyone

• Universal right to enforce the law of nature• Conflicts on judgements about when and how to enforce risk state

of war

Benefits of establishing the state:• An authority with power to enforce judgements about natural law• A codification of the law to reduce disagreement about it• An objective authority to arbitrate disagreements