Tradition

Social Contract Theory

17th-18th century, revived 20th century

The tradition that grounds political legitimacy in a hypothetical agreement among free individuals about the terms of their common life.

Social contract theory grounds the legitimacy of government in an agreement, usually hypothetical, among free individuals about the terms of their common life. Its power is that it makes political authority answerable to those subject to it without requiring that they actually consented to anything. The test is what they could not reasonably reject.

Hobbes invented the framework in Leviathan (1651) and used it to defend nearly absolute sovereignty. Rational individuals in a state of mutual fear would trade almost all liberty for security, and having done so could not complain of the bargain. Locke turned the same device against absolutism in 1689, arguing that people carry natural rights into political society and keep a right of resistance when government violates the trust. Rousseau radicalized it into popular sovereignty: legitimate law is what a people gives itself, and sovereignty cannot be represented. Kant then recast the contract as a standard of public reason instead of an event.

Rawls revived the tradition decisively in 1971 with the original position, asking what principles of justice people would choose behind a veil of ignorance about their own place in society. The device made distributive justice a contractarian question for the first time, and most subsequent work is a response to it: Nozick objecting that the argument licenses continuous interference with holdings, Gauthier attempting to derive morality from bargaining alone, Scanlon reformulating it around reasonable rejection.

Hume made the standing objection before the tradition had finished forming. No such contract ever occurred; tacit consent inferred from residence is not consent; and the obligations the contract is meant to explain are ones we already recognize on other grounds. Later critics argued that the abstraction hides who was actually party to the bargain. Pateman on the sexual contract and Mills on the racial one both point out that the contracts really made were between some men about the standing of everyone else.

Lineage

Descends from

  • Natural LawAncient to present

    Rights held prior to government — the premise the contract theorists start from — is a natural-law inheritance, even where they secularize it.

  • Epicureanism4th century BC to 2nd century AD, revived 17th century

    Justice as an agreement neither to harm nor be harmed, entered into for mutual advantage and binding only while useful, is the contract without the natural law.

  • Scholasticism12th-15th century

    The School of Salamanca — Vitoria, Suárez, Mariana — derived political authority from the consent of the governed a century before Hobbes, and Grotius and Locke read them.

Gave rise to

  • Classical Liberalism17th-19th century

    Locke's Two Treatises supplied the core: rights prior to government, and political authority as a revocable trust.

  • Liberal Political Thought19th-20th century

    A Theory of Justice is explicitly a revival of the contract tradition of Locke, Rousseau and Kant, raised to a higher level of abstraction.

  • Romantic Political Thought18th-19th century

    Rousseau supplied both the general will and the conviction that feeling reaches truths calculation cannot, and the Romantics took the second as seriously as the contract theorists took the first.

Thinkers10
Thinker

Robert Nozick

1938–2002

Robert Nozick was the libertarian philosopher whose Anarchy, State, and Utopia (1974) answered John Rawls and became the foundational text of contemporary libertarian political theory

Thinker

Thomas Hobbes

1588–1679

Thomas Hobbes was the philosopher of absolute sovereignty who invented the social contract framework and argued that only an all-powerful Leviathan could save human beings from each other

Thinker

Jean-Jacques Rousseau

1712–1778

Jean-Jacques Rousseau was the Genevan philosopher of popular sovereignty whose argument that humans are good by nature and corrupted by society shaped both the French Revolution and modern democratic thought

Thinker

John Rawls

1921–2002

John Rawls was the liberal egalitarian philosopher whose A Theory of Justice (1971) revived political philosophy and dominated late-20th-century debates about justice, equality, and democratic legitimacy

Thinker

Nicholas of Cusa

1401–1464

Cardinal, conciliarist turned papalist, who grounded all legitimate rule in consent and described God as a coincidence of opposites knowable only through learned ignorance.

Thinker

Marsilius of Padua

1275–1342

Author of the Defensor Pacis, which located all coercive authority in the whole body of citizens and denied the church any coercive power whatever.

Thinker

Johannes Althusius

1563–1638

The Calvinist syndic whose Politica built the commonwealth upward from families and guilds through provinces to the state, making federalism a theory rather than an expedient.

Thinker

Francisco Suárez

1548–1617

The last great scholastic, whose account of law as the command of a will, and of political power as arising in the community before it is transferred, reached Grotius and Locke.

Thinker

Samuel Pufendorf

1632–1694

The jurist who made natural law a teachable science of sociability and duty, and whose textbooks trained Europe and America in the language of rights and contract.

Thinker

John Locke

1632–1704

John Locke was the founding philosopher of modern liberalism, grounding political legitimacy in consent, natural rights, and the protection of property

Related through shared thinkers6