The Role of the State: There is no doubt that with the evolution of governments, the most outstanding ones are Lockean in nature, democracies
state that “we obey, only so long as a majority of us consent to the law making process and to the laws made under the same process” (Olivo,
2006). Or are they? Although the prominent governments of today have Lockean concepts, they are not the judges that Locke had originally had in mind.
Although the government is not an absolute monarch as Hobbes recommended, its role in the lives of today’s citizen is continuously breaking the
rules of the Lockean Social Contract. For example, with reference to the CRA and tax disputes, the state acts as a judge in its own cause, violating
Locke’s view that we have “impartial justice and impartial protection to our property.” Indeed the state is not a judge, but more of a master as
initially stated by Hobbes.
Locke viewed that we have a right to overthrow such governments that act as both judge and participant in disputes, because they put themselves at a
state of war with their citizens. Hobbes viewed that good and evil is subjective to each man, and so a master of the state defines what is good and
evil and that man has no right to rebel if it is not defined as right to the state. This view of the role of the state may not make Hobbes more
logical, but it does make him more accurate, because states as large and intrusive those developed today cannot exist without violating Locke’s
Social Contract.
The Rights of Man: The right of man was developed in the Social Contract to define the limit of the power of the state, and of the power of man onto
others. To Hobbes, humans realized their shared vulnerability to suffering and with this created the rights of man under the social contract. To
Locke, man has already instilled within himself the rights of man because of his nature, and only entered into civil society only to make life easier
yet, preserving his interests and defining clauses of what to do when rights are broken (Olivo, 2006). Hobbes believed that civil society is “the
application of force by a state to uphold contracts and so forth. Civil society therefore, is a creation of the state” (Macpherson, 1962). Therefore
the rights of man can only exist with the state, unlike Locke who implies that without the state, the rights of man is a contract already entered into
mutual agreement with each man for the most part.
I believe that again, Hobbes has a legitimate backing and firmer hold on the logic of human behaviour because, historically speaking, the State has
had the power to take away rights of man as seen in the Third Reich, and when the state does not exist, man reverts to a state, constant to that of
war. As seen in places in parts of the world where government is less prominent, such as part of Africa and the Middle East, chaos arises. I believe
that more organization brings about less anarchy, but I do not advocate an absolutist government like Hobbes proposed. An absolutist government like
North Korea’s is consistent with Hobbes’s theory and does have citizens in line, but it does not coincide with the rights of man.
The Social Contract Theory: As I had initially stated, the collective wisdom of Hobbes and Locke may provide a more substantial and logical step in
the pursuit of knowledge on human behaviour and the reason behind the Social Contract. There can be no definitive right or wrong in all three
concepts: the man’s state of conflict and man’s state in nature, the role of the state, and the rights of man. I believe that Hobbes was right
about man’s initial state of nature, about the role of the state to man, but I disagreed with an absolute monarchy, and I cited that Locke’s view
of a judge type of government with less influence into our life was in more interest of the people. Lastly, I believe that Hobbes was right on the
Rights of Man and that they are not developed naturally for most of us as Locke put it.
According to Hobbes, what is right and what is wrong is subjective, so although I have provided evidence into whose theory was more substantial in
each area of the Social Contract, it ultimately resides in the reader to develop their own basis on which theorist was more accurate in their
portrayal of the Social Contract Theory.
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References:
Hobbes, T (1651). Leviathan. London, UK: Penguin Books.
Locke, J (1690). The Second Treatise on the Civil Government. Amherst, NY: Prometheus Books.
Macpherson, C (1962). The Political Theory of Possessive Individualism: Hobbes to Locke. Oxford: Oxford University Press.
Olivo , L (2006). Introduction to Law in Canada. Toronto, ON: Captus Press.
[edit on 06/17/08 by narin]






