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The central assertion that social contract theory approaches is that law and political order are not natural, but human creations. The social contract and the political order it creates are simply the means towards an end—the benefit of the individuals involved—and legitimate only to the extent that they fulfill their part of the agreement.
Social rights are very similar to political rights, and it can be understood that they are effectively the same concepts being exercised in a less extreme way. [ 2 ] Cécile Fabre argues that "it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the ...
The Social Contract helped inspire political reforms or revolutions in Europe, especially in France. The Social Contract argued against the idea that monarchs were divinely empowered to legislate. Rousseau asserts that only the general will of the people has the right to legislate, for only under the general will can the people be said to obey ...
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including economics , ethics , history ...
Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) – a social contract. The two theories ...
The social contract theory of political philosopher John Rawls, developed in his work A Theory of Justice, was influenced by Kant's ethics. [54] Rawls argued that a just society would be fair. To achieve this fairness, he proposed a hypothetical moment prior to the existence of a society, at which the society is ordered: this is the original ...
Building a modern view on social contract theory, Rawls bases his work on an idea of justice being rooted in the basic structure, constituting the fundamental rules in society, which shape the social and economic institutions, as well as the governance. [5] This basic structure is what shapes the citizens’ life opportunities.
Contractualism is a term in philosophy which refers either to a family of political theories in the social contract tradition (when used in this sense, the term is an umbrella term for all social contract theories that include contractarianism), [1] or to the ethical theory developed in recent years by T. M. Scanlon, especially in his book What We Owe to Each Other (published 1998).