The theory of social contract is one of the most fundamental paradigms of the legal and the western philosophical theory that helps in shaping the people's understanding of social structure and justice. Thomas Hobbes and John Locke are significant exponents of the social contract theory. Both Hobbes and Locke share a view that a social contract is an essential tool for a state's political stability (Riley, 1982). Even so, their views are informed by a sharply contrasting perception of human nature.
Hobbes considered life as brutish, nasty and short with the authority and civilization the only things that are preventing humans from complete barbarism. Thus, Hobbes strongly favors the powerful and absolute mechanism of state control as a way to stop humans from cruelty. Locke, on the other hand, did not view nature as evil but agreed that people are formed by their education. Locke saw civilization as informed by social contract, in which the people who are being ruled and the rulers agree on the mutual benefit and legitimacy is granted to the rulers by those being ruled. Locke advocated for a government based on the consent of those being ruled and that the laws should protect their rights. By contrast, Hobbes believed that individuals should give up their rights to the powerful state.
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Montesquieu on the spirit of laws believed that freedom has a living relationship with the law and the state adding that liberty is the right to act by the law and not what humans want. He also believed that rules are derived from the nature of things and thus are an extension of human thoughts. Voltaire defended civil liberties and social reforms. He was against the institutions of government and believed that humans should not be so bound by the law that they cannot enjoy their freedom. Just like Montesquieu, Rousseau believes that the will of the people inform the creation of the laws and thus the laws should reflect the general will of the people and accordingly the laws should uphold rights of equality amongst the citizens (Rousseau, 1968).
Unlike the other proponents of laws like Montesquieu and Rousseau, Jeremy Bentham who also steered the principle of utilitarianism critiqued natural accounts of law and argued that rights and liberties exist independent of the government. For this reason, Bentham developed legal positivism. Cesare Beccaria also supported the laws and argued that punishment be justified to defend the social contract and to ensure that people abide by the law (Riley, 1982). Even so, he was against severe punishment and contended that the purpose of punishment is reform criminals; hinder them from repeating crime and deter others from getting involved in crime.
References
Riley, P. (1982). Will and political legitimacy: A critical exposition of social contract theory in Hobbes, Locke, Rousseau, Kant, and Hegel.
Rousseau, J. J. (1968). The social contract (pp. 87-94). John Wiley & Sons, Inc..
