The Concept of State and Social Contract Theory

Social Contract Theory

1. Concept of State

2. Different Theories of State Diving Origin of State: Creation of god and by Religions evolution Traditions of law givers Government contract:- rulers and people Social Contract theory Theory of publicist: politics (Aristotle says man is a political animal. Evolutionary Theory: Rights of the rules and influence of all institutions

3. Aspect Hobbes Locke Rousseau Human Nature - Materialistic in composition - Utilitarian: Individualistic, possessive, fearful, and power-seeking - Pessimistic view - Man has reason but is self-centered; avoids harming others in self-interest - Balance view - Man has reason - Self-centered but capable of rational action to avoid harm and promote cooperation - Essentially good - Possesses self-love and sympathy for others - Optimistic view State of Nature - War of all against all - Life is "solitary, poor, nasty, brutish, and short" - State of peace - Individuals act rationally to preserve rights and avoid harm - State of bliss - Man is free, equal, and in harmony before society creates inequality Contract - To avoid pain and enjoy pleasure - Passion vs Reason: If passion dominates, peace is destroyed - Contract creates an absolute state to ensure peace - Contract transfers only three rights: to make laws, execute laws, and adjudicate laws - Ensures protection of natural rights (life, liberty, property) - To regain freedom, equality, and fraternity - Contract establishes liberty under the "General Will" Authority of State - Absolute state - People have no rights against the state except the right to life - Limited state - State protects inalienable rights: life, liberty, and property - Absolute state based on the General Will - Popular sovereignty is the sole consideration for law-making Rights of People - People transfer all rights to the state except the right to life - No rebellion allowed - Three inalienable rights: life, liberty, property - State cannot take away natural rights but protects them - General Will is supreme; individuals surrender their rights to the collective will of the community

4. Theory of Separation of Powers The Separation of Powers theory advocates dividing the state's powers among three independent branches to prevent misuse and concentration of power. Baron de Montesquieu had given this theory in The Spirit of Laws (1748). Suggested dividing powers into: Legislature: Makes laws. Executive: Implements laws. Judiciary: Interprets laws. Objectives: Prevent abuse of power, Maintain checks and balances, Ensure liberty and justice, Applications: United States: Strong implementation with clear separation among the branches. India: Functional overlap between the branches but maintains checks and balances.

5. 3. Historical Theory This theory explains the state as a historical development, evolving gradually due to social, economic, and political changes. The state is not a result of a contract but emerges naturally through human interaction and societal needs. Emphasizes the importance of customs, traditions, and gradual development. Key Thinkers: Friedrich Karl von Savigny: Believed the state is a product of organic growth, not an artificial construct. Stressed the role of history, culture, and traditions in shaping the state. Sir Henry Maine: Suggested the transition from "status to contract" as a hallmark of societal progress. Highlights the cultural and historical factors in state formation. Provides insight into the state's evolution over time.

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